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1993-05-25CITY OF MOUND MISSION STATE~F. NT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. MOUND CITY COUNCIL RECONVENED LOCAL BOARD OF REVIEW 7:00 P.M., TUESDAY, MAY 25, 1993 CITY COUNCH. CHAMBERS 7:00 P.M. LOCAL BOARD OF REVIEW Hennepin County Assessor Keith Rennerfeldt will be present. The Assessor has reviewed the properties and will bring back recommendations at this meeting. The Council will take action on the total assessment at the this meeting. PLEASE BRING COPIES OF REPORTS REGARDING SALES OF PROPERTIES, DISTRIBUTED AT THE APRIL 20, 1993, COMMITTEE OF THE WHOLE MEETING. AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING FOLLOWING THE BOARD OF REVIEW, TUESDAY, MAY 25, 1993 CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE MAY 11, 1993, BOARD OF REVIEW MEETING, MAY 11, 1993, REGULAR MEETING, AND THE MAY 18, 1993, COMMITTEE OF THE WHOLE MEETING. PG. 1633-1640 PROCLAMATION OF JULY 1, 1993, AS BRUCE MILLER DAY IN THE CITY OF MOUND. PG. 1641 CASE ~93-0~2: GARY & KATHLEEN SPAULDING, 5335 BAYWOOD SHORES DRIVE, LOT 4, BLOCK 5, REPLAT OF HARRISON SHORES, PID #13-117-24 21 0069. REOUEST: VARIANCE. PG. 1642-1657 1629 10. 11. 12. 13. 14. CASE #93-015: JEFFREY RITENOUR, 5656 BARTLETT BLVD. LOTS 11 TO 16, BLOCK 9, MOUND BAY PARK, PID #23-117-24 14 0027. REQUEST: MINOR SUBDIVISION. PG. CASE ~93-017: PJ%YMOND & SUZANNE FALLS, 5503 THREE POINTS BLVD., LOT 1, BLOCK 1, DRIFTWOOD SHORES, PID #13-117-24 22 0001. REOUEST: VARIANCE· COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. CHARLES & MARY FAITH, 4625 ISLAND VIEW DRIVE, LOT 10, BLOCK 1, DEVON, DOCK SITE #41319. REOUEST: LAND ALTERATION TO TRIM VEGETATION. JOEL & SANDRA LASKEY (1749 SUMACH LANE), ABUTTING ADDRESS - 4901 THREE POINTS BLVD., LOTS 1 & 2, BLOCK 4, SHADYWOOD POINT, DOCK SITE #02930. REQUEST: CONSTRUCTION ON PUBLIC LANDS TO CONSTRUCT A NEW STAIRWAY. TOM & PEGGY JAMES (5078 WOODLAND ROAD), ABUTTING ADDRESS - 1559 EAGLE LANE, LOTS 12, 2 & 3, BLOCK 3, WOODLAND POINT, DOCK SITE #02040. REQUEST: PG. PG. PG. CONSTRUCTION ON PUBLIC LANDS TO REPLACE EXISTING STAIRWAY. PG. WILLARD WAYNE & LIN TERWILLIGER, 2945 CAMBRIDGE LANE, LOTS 9 & 10, BLOCK 34, WYCHWOOD, DOCK SITE ~50970. CONSTRUCTION ON PUBLIC LANDS TO REPLACE EXISTING STAIRWAY. PG. REOUEST: DEAN HANUS, 4737 ISLAND VIEW DRIVE, LOT 7, BLOCK 7, DEVON, DOCK SITE #42351. CONSTRUCTION ON PUBLIC LANDS TO CONSTRUCT STAIRWAY LANDINGS. PG. PG. REQUEST: PG. BRUCE A.MC COMB, 3005 BRIGHTON BLVD., LOTS 2, 3, 34 & 35, BLOCK 15, ARDEN, DOCK SITE #50640. REOUEST: LAND ALTERATION TO TRIM BUSHES. PARKS & OPEN SPACE COMMISSION RECOMMENDATION ON TAX FORFEIT PROPERTIES. 1658-1681 1682-1692 1693-1703 1704-1716 1717-1723 1724-1736 1737-1762 1763-1769 1770-1779 1630 15. 16. 17. 18. 19. 20. 21. 22. REQUEST TO ADDRESS CITY COUNCIL ON WATER BILL ISSUE - DAYTON WILLIAMSON (FORMER PROPERTY OWNER AT 2012 VILLA LANE, NOW RESIDENT OF WOODBURY). PG. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN JOINT POWERS AGREEMENT JOINING THE WEST HENNEPIN HUMAN SERVICES PLANNING BOARD ON A TRIAL BASIS. PG. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE LMCD LAKE ACCESS PARKING AGREEMENT. PG. RESOLUTION APPROVING A ONE DAY OFF-SITE LAWFUL GAMBLING PERMIT APPLICATION FOR AMERICAN LEGION POST #398 (BINGO DURING MOUND CITY DAYS AT MOUND BAY PARK - JUNE 20, 1993). PG. RESOLUTION APPROVING A ONE DAY OFF-SITE LAWFUL GAMBLING PERMIT APPLICATION FOR NORTHWEST TONKA LIONS (PULL TABS DURING MOUND CITY DAYS DANCE AT POND ARENA - JUNE 19, 1993.) PG. REPORT FROM RENTAL HOUSING TASK FORCE RE: REVIEW OF PROPOSED RENTAL HOUSING ORDINANCE - JON SUTHERLAND, BUILDING OFFICIAL. PG. PG. PAYMENT OF BILLS. INFORMATION/MISCELLANEOUS: ae April 1993 Financial Report as prepared by Gino Businaro, Finance Director. PG. Ss Invitation from City of Orono re: Open House at new city hall scheduled for Sunday, June 20, 1993, 1-4 pm. PG. Ce Memorandum dated May 19, 1993 from Mark Koegler City Planner, on timetable of Teal Pointe EAW process. PG. De Excerpt from May 10, 1993 Planning Commission Minutes re: recommendation on park dedication fees. PG. Ee Invitation from MWCC re: budget meetings. Our area is scheduled for Friday, June 4, 7:30 - 9 am, at T-Wrights's in Minnetonka. Please let Linda know if you want to attend. PG. 1780-1791 1792-1793 1794-1804 1805 1806 1807-1838 1839-1858 1859-1860 1861 1862-1863 1864 1865 1631 Fe Ge He Jo Parade invitations for Mound City Days. Please submit your own registration by May 25th to person indicated on form. PG. 1866-1867 Results of evaluation on Cleanup/Recycling Days. PG. 1868-1875 REMINDER: Memorial Day Holiday May 31, 1993 City offices will be closed. ' REMINDER: Around Mound Run/Walk Saturday, June 12, 1993. Spaghetti feed on Friday, June 11, 1993 all at Mound Bay Park. REMINDER: Mound City Days, June 18-20. REMINDER: Bruce Miller Day, Thursday, July 1, 1993. Annual AMM Salary Survey for Elected Officials. PG. 1876-1887 No Oe Letter from Minnesota Association of Housing Code Officials re: statewide housing code. Parks and Open Space Commission Minutes of May 13, 1993. Planning Commission Minutes of 5-10-93 PG. 1888-1889 PG. 1890-1904 PG. 1905-1911 1632 Mo~dCi~ Co~cilM~ut~ Mayll. l~3 MINUTES - MOUND CITY COUNCIL - BOARD OF REVIEW Pursuant to due call and notice thereof, the Board of Review convened in the Council Chambers of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road in said City on May 11, 1993, at 7:00 PM. ' Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward j. Shukle, Jr., City Clerk Fran Clark, Hennepin County Assessor Keith Rennerfeldt and Hennepin County Appraiser Bill Davy. Mayor Johnson opened the Board of Review and explained that this meeting is to give property owners a chance to question the value placed on their property by the County Assessor as of January 2, 1993. He explained that each person would be heard and the Board of Review will reconvene Tuesday, May 25, 1993, at 7:00 PM and bring back their final decision on each property. The following persons responded to the call to be heard either in person, by calling and asking to have their name submitted, or by submitting their concerns in writing· They all asked to have the value of their property rechecked because they felt it was too high. 2. 3. 4. PID #13-117-24 32 0083 PID #14-117-24 41 0053 PID #19-117-23 34 0073 PID #14-117-24 14 0010 5. PID #23-117-24 23 0015 PID #19-117-23 33 0106 PID #19-117-23 24 0080 9. 10. 11. PID #14-117-24 14 0017 PID #13-117-24 23 0027 PID #19-117-23 13 0123 PID #23-117-24 44 0002 - D.R. HOLMS, 5421 CHURCH ROAD - ROBERT GOVE, 5789 ELM ROAD - J.L. VORIS, 3030 ISLAND VIEW DRIVE - NORMAN SIMONDET, 5690 GRANDVIEW BLVD. - DAN & SUE ARETZ, 6228 WESTWOOD CIRCLE - ALLEN WIGAND, 4754 HAMPTON ROAD - KATHLEEN SHERIDAN, 4407 WILSHIRE BLVD., #302F - JOHN ESSE, 5773 GRANDVIEW, BLVD. - FLOYD PALM, 1910 COMMERCE BLVD. - ROBT. NYGAARD, LAKEWINDS CONDO. - JEFFREY BERGMANN, 3032 HIGHLAND BLVD. Mound City Council Minutes 12. 13. 14. 15. 16. PID #13-117-24 41 0035 PID #24-117-24 43 0034 PID #25-117-24 21 0102 PID #23-117-24 23 0106 PID #13-117-24 31 0073 M~ 11,1~3 - DONALD SWEEN, 2028 ARBOR LANE - MELVIN ZUCKMAN, 5012 TUXEDO BLVD. - WILLIAM JOHNSEN, 5300 PIPER ROAD - WALTER LARSON, 2631 SETTER CIRCLE - CLARK PETERS, 2146 NOBLE LANE 17. PID #19-117-23 13 0025 PID #19-117-23 13 0129 PID #19-117-23 24 0060 - TED FOX, 4363 WILSHIRE BLVD. (LAKEWINDS CONDOMINIUMS) 1.0 MOTION made by Smith, seconded by Jessen to reconvene the Local Board of Review on Tuesday, May 25, 1993, at 7:00 PM, in the City Council chambers at 5341 Ma~wood Road. The vote was unanimously in favor. Motion carried. MINUTES - MOUND CITY COUNCIL - MAY 11t 1993 The city Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 11, 1993, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, and the following interested citizens: Mark Motzko, Steve Bell, Oy Moy, Larry Shaw, Ingrid Shaw, Jeff Erickson, Bob Engelhart, Michael Durell, and Randi Saba. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.1 MINUTES MOTION made by Jensen, seconded by Smith to approve the Minutes of the&pti1 2?, 1993, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.Z RECYCLOTTO WINNER The Mayor presented Mark Semeja, 4941 Edgewater Drive, with 200 Westonka Dollars. 1.3 CASE ~93-014: MARK MOTZKOa 4882 LESLIE ROADm LOTS 11t 12 & 13, BLOCK 21, NYCHWOODa PID ~24-117-24 41 0178t VARI]tNC~ Mound City Council Minutes The City Manager explained the request recommended approval. ' May 11, 1993 The Planning Commission Smith moved and Ahrens seconded the following resolution: RESOLUTION #93-55 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 4882 LESLIE ROAD, LOTS 11, 12 & 13, BLOCK 21v WYCHWOOD, PID #24- 117-24 41 0178, P & Z CASE ~93-014 The vote was unanimously in favor. Motion carried. 1.4 ~O_C~T~.D ON SOUTH SIDE OF ROAD -RE.' N~U ....... BEACHWOOD '~'~ ~D~ OF STREET The City Manager explained that a petition has been received from the residents of Beachwood Road requesting that no parking signs be installed on the south side of that street. The reasons are because of car/trailer parking on the weekends on both sides of this road causing mail not being delivered diffic ' out of the driveways th~ ~-~:~ -' ulty in gettin and _ ~ . g - -~ ~ ~xcy or emergency vehicles not being able to access the street. Several of the petition signers were present. The City Clerk stated that presently the north side of the street is supposed to be no parking so this will have to be changed. Smith moved and Ahrens seconded the following resolution: RESOLUTION #93-56 RESOLUTION APPROVING NO PARKING ON THE SOUTH SIDE OF BEACHWOOD ROAD FROM BARTLETT BLVD. TO THE CUL-DE-SAC AND REMOVING NO PARKING FROM THE NORTH SIDE OF BEACHWOOD ROAD FROM BARTLETT BLVD. TO THE CUL-DE-SAC The vote was unanimously in favor. Motion carried. 1.5 ~ANCIAL AUDIT - GARY GROEN ABDO. ABDO & EICK AND GINO BUSINARO FINANCE DIRECTOR The 1992 Audit was presented by Gary Groen of Abdo, Abdo & Eick and Finance Director Gino Businaro. Jensen moved and Jessen seconded the following resolution: RESOLUTION #93-57 RESOLUTION ACCEPTING AND APPROVING THE AUDIT AND FINANCIAL REPORT OF 1992 The vote was unanimously in favor. Motion carried. Mo~dCi~ Co~cilM~ut~ M~ 11,1~3 L.6COHHENT8 lt~TD 8UGGESTZON8 FROM CZTZZEN8 PREfENT The following persons spoke against the removal of the crosswalk at the House of Moy and asked that there be a referendum vote on this crosswalk issue: Steve Bell, 6323 Bay Ridge Road, Mound Oy Moy, 2458 Fairview Road, Mound Larry Shaw, 6440 County Road 15, Minnetrista Randi Saba, 2348 Commerce Blvd., Mound Jeff Erickson, 3256 Kings Point Road, Minnetrista Ms. Moy read a letter from Representative Steve Smith asking the Council to reconsider their earlier action to close the crosswalk at the House of Moy. Ms. Moy also read a prepared statement. The City Attorney stated that he does not think that advisory opinions are referendum issues and therefore could not be the subject of that kind of election. The Council thanked the people appearing. 1.7 PROCLAMATION OF THE ANNUAL SALE OF BUDDY POPPIES BY THE VETERANS OF FOREIGN WARS The Mayor read the proclamation for the annual sale of Buddy Poppies on May 21 and 22, 1993. Smith moved and Jessen seconded the following: PROCLAMATION %93-58 PROCLAMATION OF THE ANNUAL SALE OF BUDDY POPPIES BY THE VETERANS OF FOREIGN W]LRS The vote was unanimously in favor. Motion carried. 1.8 RESOLUTION APPROVING AN APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR OUR LADY OF THm LAKE C~URC~t 2385 COMMERCE BLVD. - JULY 24 & 25, 1993, (INCREDIBLE FESTIVAL). Ahrens moved and Jensen seconded the following resolution: RESOLUTION %93-59 RESOLUTION APPROVING AN APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR OUR LADY OF THE LAKE CHURCHt 2385 COMMERCE BLVD. - JULY 24 & 25~ 1993~ (INCREDIBLE FESTIVAL) The vote was unanimously in favor. Motion carried. Mound City Council Minutes 1.9 ~ERMIT/LICENSE APPROVAL~ May 11, 1993 MOTION made by Jessen, seconded by Ahrens to approve the following: De Eo Ge He Public Dance Per. it, Set-UpPermit w ' a Temporary On-Sale No (_~ving ~he fees) and for the Mound V~..~--~i~°xicatin9 ~alt Liquor ~~ .... --, av~s~ and r ~-,u~A ~xs~ Fry for the foll~ing permits for Mound City Days, June 18, 19 & 20, 1993. pUblic dance, carnival, concessions, craft shows, entertainment, fireworks a (waiving the fees), nd merchant sales The vote was unanimously in favor. Motion carried. 1.10 PAYMENT OF BILLF MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $113,535.65, when funds are available. A roll call vote was unanimously in favor. Motion carried. --INFORMATION/MI SCE LLa_NEOU~ Department Head Monthly Reports for April 1993. L.M.C.D. Mailings. LMC mailing on Annual Conference to be held June 8-11, 1993, St. Cloud Civic Center. If you are interested in attending, please let Fran know ASAP. Announcement from AMM on the Annual Meeting scheduled for Wednesday, May 26, 1993, Minnetonka Community Center. Please let Fran know ASAP if you wish to attend. REMINDER: COW Meeting, Tuesday, May 18, 1993, 7:30 P.M. City vehicles were sold at Hennepin County Auction on May 1, 1993. We will receive $17,140 (after expenses $160.00) for four vehicles which included vehicles, a one ton truck and 3 police Memorandum from Bruce Chamberlain, Hoisington Koegler Group, Inc. RE: update of issues on redevelopment of Community Education and Services property using Tax Increment Financing. CDBG Program - The First Eighteen Years. Mound City Council Minutes May 11, 1993 PENDING ~TIG~TIO~ D~KOT~ P~IL The city Attorney reported that Judge Fitzgerald has ruled that the city's motion for Summary Judgement was denied. The City also asked to consolidate the condemnation and the other litigation which was also denied. This means the City will have to go forward with two separate lawsuits. The city Attorney also explained that since the Summary Judgement was denied he and probably Mr. Underwood will be deposed. There will be another lawyer involved to try the case. FL~CK vs CITY OF MOUN~. The city Attorney reported that the city Staff and members of his Staff have worked and have accumulated a good deal of information. They are now trying to assemble that and put it in a responsive context to the allegations as raised by the people on Bluebird Lane. He stated he hopes to have a report for the Council in two weeks. MOTION made by Smith, seconded by Jensen to adjourn at 9:45 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manage~ Attest: city Clerk NZNUTES - COMMITTEE OF THE ~HOLE - l~Y 18, 1993 The meeting was called to order at 7:30 PM. Members present: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Phyllis Jessen, Liz Jensen, Ken Smith. Also present: Arlo VandeVegte, West Hennepin Human Services Planning Board and Bruce Larson, Assistant Director, West Hennepin Human Services Planning Board; Ed Shukle City Manager. , Arlo VandeVegte and Bruce Larson from the West Hennepin Human Services Planning Board were present to address the Council on possible interest in joining the West Hennepin Human Services Planning Board. Both VandeVegte and Larson indicated that the City of Mound had been a member in the past and never officially withdrew from the joint powers agreement. However, the City has not participated for several years. Both individuals requested that the City of Mound take another look at the planning board and consider becoming involved and active in it. The City Council thanked VandeVegte and Larson for attending and indicated that this matter would be taken under advisement and reviewed at a future City Council meeting. The City Council then discussed the matter and agreed to have it on the next regular meeting agenda. Goal setting was discussed. Councilmember Jensen indicated that she identified three items that should be looked at: 1) Mission Statement, 2) Approach to setting goals and 3) Establishing goals. The mission statement was briefly reviewed and after some discussion it was agreed that Skip and Phyllis would review the mission statement further to try to clean up some of the punctuation and wording. Jensen suggested that each councilmember list 5 things that they would like to see accomplished in the City of Mound to make Mound better. Liz will take these items listed and put them together for future discussion. City Manager Ed Shukle presented some information pertaining to a possible water and sewer general obligation revenue bond issue, dealing with capital improvement projects in the water and sewer departments. They include a new meter reading system, repainting of the Evergreen Road water tank, watermain improvements and gate valve improvments and upgrading of lift stations. The total estimated amount is $1,300,000. The proposal is to issue $1,300,000 sometime this summer with the water meter reading system to be out for bids within the next several months and the remaining items to be done in 1994. Part of the proposal deals with rate increases in both the water and sewer funds. The City Manager and Finance Director have recommended that 5% increases for each of the next four years be implemented in order to provide the resources to pay the principal and interest on the bonds and create a more stable flow of resources to the utility funds. The City Council discussed this information and by consensus directed the City Manager to proceed in preparing the necessary documents to go forward with the bond issue for the above items including the proposal to have water and sewer rate increases go into effect by 5% increase for each of the next four years. /(a3q A discussion was then held on outstanding general improvement bond debt. The City Manager presented some information indicating that of 6 outstanding bond issues that have been paid for through special assessments, there are two issues that ought to be called in and the bonds paid off and the cash be placed in Fund #30 which is the capital improvement fund. The rationale behind this recommendation is the fact that the bonds are callable (paid off early) and in one of the issues cases, the interest rates are higher than what the normal bond market is presently. Thus, this action would save the City money and create a cash balance that could be used for capital improvements that the city Council deems appropriate. The consensus was to go forward and call in the GO improvement bond of 1979 and the GO improvement bond of 1982. The City Manager and Finance Director will prepare the necessary documents and will be bringing this information to an upcoming regular City Council meeting for action. Councilmember Ken Smith updated the Council on the Commons Task Force. He indicated that the video tape was nearly complete and would be available within the next few months. The video tape will show the various commons areas from the lake that will be catalogued and/or indexed so that areas can be identified immediately for review by the Parks and Open Space Commission, City Council or any other group that wishes to view the commons areas. The Teal Pointe Environmental Assessment Worksheet was presented. city Manager Ed Shukle indicated that the EAW will be reviewed by the Parks and Open Space Commission and the Planning Commission at the Planning Commission meeting of May 24, 1993. The City Council will subsequently look at the EAW formally at its regular meeting of June 8, 1993. Questions were raised with regard to timing and when the city Council actually has to approve the EAW. The city Manager indicated that he would talk to the City Planner and get back to the Council with a response. city Manager Ed Shukle and Mayor Skip Johnson updated the Council on the Bruce Miller Duck Stamp Event scheduled for Thursday, July 1st in Mound. Other business discussed was the school district survey, LMCD, rental housing report and mid-block crosswalks. Upon motion by Smith, seconded by Jensen and carried unanimously, the meeting was adjourned at 10:20 PM. d~S~~~ted' City Manager ES:is BRUCE MILLER DAY PROCLAMATION WHE~, BRUCE MILLER, a professional wildlife artist and local resident submitted an entry into the 1993-1994 Federal Duck Stamp Contest; and WHEREAS, there were over 600 entries submitted to the Federal Duck Stamp Contest; and WHEREAS, BRUCE MILLER was named the 1993-1994 Federal Duck Stamp Contest winner; and WHE~, the City of Mound along with the US Postal Service and the US Fish and Wildlife Service are joining in a day long celebration that honors Miller; and WHEREAS, the City of Mound invites ali Mound and area residents to participate in the celebration honoring BRUCE MILLER on his accomplishment as winner of the 1993-94 Federal Duck Stamp Contest. NOW, TI]F_~_~RE, THE CITY COUNCIL OF THE CITY OF MOUND, M/NNESOTA, does hereby proclaim July 1, 1993 to be BRUCE MILLER DAY i~thf City of Mj~und. Mayor Co ficil Jensen PROPOSED RESOLUTION #93- , RESOLUTION TO ~PPROVE A VZ~RIANCE FOR 5335 BAYWOOD SHORES DRIVE, LOT 4, BLOCK 5, REPL~T OF HARRISON SHORES, PID #13-117-24 21 0069 P&Z CASE NUMBER 93-012 WHERE~S, The applicants, Gary and Kathleen Spaulding, have applied for a 7.5' front yard setback variance to Baywood Shores Drive and to recognize an existing nonconforming front yard setback to Baywood Lane resulting in a .99' variance to allow construction of an addition, and; WHERE~S, The addition includes an entryway which would result in a more condusively designed house for the neighborhood as other houses in the area also have entryways, and; WHEREAS, When the house was constructed it was poorly placed on the corner lot, 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 10,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, All other setbacks, lot area and lot coverage are conforming, and; WHERE~S, The Planning Commission has reviewed the request and recommended approval with 5 in favor and 3 opposed, with the following Finding of Facts: 1. Practical difficulty exists due to the fact that the house was poorly placed on the corner lot when constructed. 2. The proposed entryway addition will create a more condusively designed house for the neighborhood. NOW, THEREFORE, BE IT RESOLVED, by the city Council of the city of Mound, Minnesota, as follows: 1. The city does hereby approve a 7.5' front yard setback variance to Baywood Shores Drive and recognizes an existing nonconforming front yard setback to Baywood Lane resulting in a .99' variance to allow construction of an addition at 5335 Baywood Shores Drive. Proposed Resolution Case #93-012 Page 2 The City Council authorizes the alterations set f pursuant to Section 350: n ~..~ ...... orth below, with the clear and ex~3Lt~-u~' o .or ~ge~zoning Ordinance as a lawful, ~ u~,u~rs~andlng t~at the use remains nonconforming use, subject to all of the provisions and restrictions of Section 350:420· It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconformin afford the owners = .... ~ ._ .~ use_of the propert to re ..... ~e use of their land: Y Construction of an addition which includes an entryway. This variance is granted for the following legally described property: Lot 4, Block 7, Replat of Harrison Shores· 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. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMI gSION MAY 10, 1993 Case ~93-012: Gary & gathleen Spauldinq, 5335 Ba~ood Shores DriVe, Lot 4m Block 5m Replat of Harrison Shores, PIP ~13-117-24 21 0069. VARIANCE~ Building official, Jon Sutherland, reviewed the status of this request. On April 12, 1993 the Planning Commission tabled this request until further information could be provided. Issues of hardship, reasonable use, and practical difficulty were discussed. It was noted the house was improperly set on the corner lot by not providing enough setback for an entryway. There was the impression that the entryway would create a more condusively designed house for the neighborhood and that other houses in the area also have entryways. The revised survey shows a setback of 22.5' from the proposed addition to Baywood Shores Drive, the required setback is 30'. The existing nonconforming setback to the south property line of 29.01' also needs to be recognized. All other setbacks and impervious surface coverage are conforming. taff recommended that if lack o~ hard, ship or practical difficulty xists the request should be denled.F'If it is found that practical ifficulty exists due to the fact ~he house was poorly placeg, on he corner lot and ,that it is reasonable to allow the furtner ncroachment of 7.5 into the fron~ yard, and further that the ddit%on will create a more conduslvely designed house for the °rhood, a favorable recommendation could be made. MOTION made by Hanus, seconded by Mueller to recommend approval of the 7.5' front yard setback variance to the south front property line (Baywood Shores Drive) to allow construction of an entryway addition, and to recognize the existing nonconforming front yard setback of 29.01' to the west front property line (Baywood Lane), includlng the following finding of facts: 1. Practical difficulty exists due to the fact that the house was poorly placed on the corner lot. 2. The proposed entryway addition will create a more condusively designed house for the neighborhood. Michael questioned what the difference is from the original request other than the proposed variance is only a half a foot less. Jensen also commented that she finds it difficult to believe that because the house was improperly placed creates a practical difficulty and that the house needs the additional space as it is already a fairly large house, it is hard to see the hardship. MOTION carried 5 to 3. Those in favor were: Meyer, Hanus, Mueller, Foss and Weiland. Those opposed were= Johnson, Jensen and Michael. This case will be reviewed by the City Council on May 25, 1993. CITY of MOUND STAFF REPORT 534: MAYWOOD MOUND. MINNESOTA '6~2~ 472 063*_ FAX 612) 4-2 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: BACKGROUND Planning Commission Agenda of May 10, 1993 Planning Commission, Applicant and Staff Jon Sutherland, Building Official~_~[! Variance Request Gary & Kathleen Spaulding 93-012 5335 Baywood Shores Drive, Lot 4, Block 5, Replat of Harrison Shores, PID #13-117-24 21 0069 R-1 Single Family Residential This case was tabled by the Planning Commission at the April 12, 1993 meeting until further information could be provided. The applicants also stated they would further investigate their plan. The Planning commission discussed the issues of hardship, reasonable use, and practical difficulty as they apply to this case. It was noted the house was improperly set on the corner lot by not providing enough setback for an entryway. There was the impression through further discussion that the entryway would create a more condusively designed house for the neighborhood and that other houses in the area also have entryways. The revised survey scales 22.5' from the proposed addition to Baywood Shores Drive, the required setback is 30'. This results in a variance request of 7.5' and recognition of the existing nonconforming setback of 29.01, to the south front property line. All other setbacks and impervious surface coverage are conforming. RECOMMENDATION If the Planning Commission finds a lack of hardship or practical difficulty exists in this case, a recommendation of denial should be made. If it could be found that practical difficulty exists due to the fact that the house is poorly laid out on the corner lot and that it is reasonable use to allow the further encroachment of 7.5' into the front yard, and further that the addition will create a more condusively designed house for the neighborhood a favorable recommendation could be made. This case will be heard by the City Council May 25, 1993. printed on recycled paper MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION APRIL 12, 1993 CASE ~93-012: GARY & KATHr. EEN SPAULDING, 5335 B;%yWOOD SHORES DRIVE~ LOT 4, BLOCK 5, REPLAT OF HARRISON SHORES, PID 113-117-24 2~ 0069. VARIANCE. Building Official, Jon Sutherland, reviewed the applicant's request for a front yard setback variance to Baywood Shores Drive of 8 feet to the required 30 foot in order to construct an addition onto the home. The addition will allow for an entryway and expansion of the bedrooms. Staff noted that an updated survey was received today which shows the "existing" structures versus the "proposed". This survey does not show the proposed addition. The survey indicates that the existing front yard setback from Baywood Lane is 29.06 versus the required 30 foot setback. The surveyor also calculated existing impervious surface at 21 percent. Staff recommended that if the Planning Commission finds a lack of hardship in this case, a recommendation of denial should be made. If it could be found that other dwellings in the same area have equal or less setbacks and hardcover percentages as this site, a recommendation of approval based on the rights commonly enjoyed by other properties in the same district could be made. In this case the applicant would have to compile adequate information in order for staff and the Planning Commission to come to that conclusion. The Planning Commission discussed the figure presented for variance and there was some confusion where the setback was being measured from. There is an existing cantilever that will be removed. The existing setback to the foundation wall is 31.12. The furthest most projected wall line of the proposed addition will measure 8 feet from the existing foundation wall, therefore, it was assumed that the proposed setback will be 23.12, resulting in a 6.88 foot variance. The questions of hardship was posed. Weiland commented that he may not be in favor of the variance, however, he does not feel the addition would negatively impact the neighborhood. Does reasonable use exist? Could the fact that this is a corner lot present some type of hardship? Setting a precedence for the neighborhood was discussed. The applicant, Kathleen Spaulding, noted that all the other houses in the neighborhood have nice entryways, and one neighbor has a covered porch which she thinks projects into the setback. Voss suggested tabling the request to allow the applicant time to bring back adequate information. Jensen questioned, why invest more time if nobody is in favor of the request. Meyer again questioned hardship and noted that there is room on the lot to expand to the north and east. The applicant commented that due to the existing floor plan it is not economically feasible to add to the north and east, and their proposal is the most economical way to expand. Michael informed the applicant that financial reasons cannot be considered a hardship. The Commission discussed the fact that the addition will create a more condusively designed house for the neighborhood and it is possible that the house was improperly sited for the lot. The applicant's suggested that they come back with exact numbers and further investigate their plan. MOTION made by Voss, seconded by Clapsaddle to table the request until further information can be provided. Motion carried unanimously. W.O. 89-055 63/5-7 J ~ Survey For: GARY & KATHY SPAULDING SUNDE LAND SURVEYING, INC. EDWARD H. SUNDE 9001 EAST BLOOMINGTON FREEWAY (35W} . BLOOMINGTON MIN~ · zu . 612-881-2455 Surveyor's Certificate PROPERTY DESCRIPTION according to the recorded plat thereof, ~ Hennepin County Minnesota. IVED PII 3 0 e93 2 ,,,,/TOP: , ~ n, 7o~. NOTES & LEGEND * Garage floor elevation=938.0 * Top of block elevation :~38.4 * Basement floor elevation = 935.4 ~~FACE CAL~ AREA OF HA~ SU~ACE: (Hour, G~age & Driveway & 30% of d<k) = 3,~80 sq. ft. TOTAL LOT AREA: = ~3.2~ sq, f~ PERCE~ IMPERVIOUS SURFACE: .'/ ;4'~°° $o. mr. "' LOT ! hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. ~ H. Sun~e,--~-.L.S. Date: ~Morch 16~1989 Reg. No. 8612 REVISED: Morch20t1989 (Bldg Ties) REVISED: April 14,1993 {Pronnt~;.I A,~.~ ...... RECEIVED A~R-Z-3-1993--'- k~OUI~P~N~NG-&INSP~' revised 4/2/92 VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 t4AR 2 6 1993 Planning Commission Date: City Council Date: Site Visit Scheduled: Application Fee: $50.00 Case No. q~'O~Z Zoning Sheet Completed: Copy to City Planner: Copy to Public Works: Copy to cityi%~,-~rkg,~eer: ,,I ,-~,-'~ ~',~ .............. ,...,.,,... ...... ."rt..--~,J.'7-Tt..-8. ..................................... Please type or print the following information: Address of Subject Proper~y ~_~ Owner's Namj~/;~~~'~'~ PhOne Owner' Applicant's Name (if other than owner) Address Day Phone LEGAL DESCRIPTION: Zoning District ¢' % Use of Property:~~~;~ 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. 1. Detaile.d descripton of proposed construction or, alteration (size, numbe~ of use, etc. ): /.~~ .~,~~/?~,.~:~-~ ~ of stories, type /-- '/----~ / v ~ '"~~ - -~- kj~ ~...,~.~.,~,.,,,~,~x.~/,::: - revised 4/2/92 Variance Application 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: required Front Yard: Rear Yard: ( -- ~ _ Lake Front: ( N S E W~) /~'~ ft. Side Yard: (~I ft. Side Yard: ( - J D' ft. Lot Size: - ~'_ ft. Street Frontage sq ft ft. ft. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (~), No ( ) If no, specify each non-conforminguse: . ~equested VARIANCE (or exis%i~ ft. ~ ft. - ft. ft. ft. ft. ft. ft. ft. sq ft ft. sq ft Which unique physical characteristics its reasonable use for of the subject property prevent uses permitted in that zoning district? ( ) too narrow ( ) too small any of the ( ) topography ( ) drainage ( ) soil ( ) existing (~) too shallow ( ) shape ( ) other: specify __~~~%~ ~ _~~lease describe: ~z~ ~ ~j¥~ _~ ~ Was the hardship described above created by the property interests in the land after . ) Yes (), No ~. If yes, explain g ordinance was aaopted revised 4/2/92 Variance Application Page 3 Case No. 6. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (~. If yes, explain 7. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes C~), ~). If no, list some other properties which are similarly affected? . 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, required by Applicant ' s CITY of MOUND 534: MA ?",,'7OOD ROAD MOUND. Mf~4',ESOTA 55364 ~6~2 .-:*72 FAX ~'2 4.72 0620 STAFF REPORT DATE: TO: FROM; SUBJECT: APPLICANT: CASE NO. Planning Commission Agenda of April 12, 1993 Planning Commission, Applicant and Staff Jon Sutherland, Building Official~ , Variance Request , Gary & Kathleen Spaulding 93-012 LOCATION: ZONING: DACKGROUND 5335 Baywood Shores Drive Lot 4, Block 5, Replat of Harrison Shores PID #13-117-24 21 0069 R-1 Single Family Residential The applicant,s are seeking a variance of 8 feet to the required 30 foot front yard setback in the R-1 zone in order to construct an entryway and second story expansion onto the home. The request appears to be slightly over the 30 percent maximum hardcover allowed by ordinance, but this is difficult to assess as the survey must be updated in order to accurately depict all the actual conditions on site. The proposed addition does enhance the exterior appearance and functional aspect of the home, however, it is difficult to find hardship in this case. From a practical standpoint, some other homes in the area appear to be setback slightly less than 30 feet. prinled on recycled paper Staff Report Spaulding, 5335 Baywood Shores Drive April 12, 1993 Page 2 RECOMMENDATION If the Planning Commission finds a lack of hardship in this case, a recommendation of denial should be made. If it could be found that other dwellings in the same area have equal or less setbacks and hardcover percentages as this site, a recommendation of approval based on the rights commonly enjoyed by other properties in the same district could be made. In this case the applicant would have to compile adequate information in order for staff and the Planning Commission to come to that conclusion. This case will be heard by the City Council on April 27, 1993. JS:pj ~Unde [and ~urveyin~ 9001 E. Bloomington Freeway Bloomington, MN 55420 (61:2) 881-2455 FAX: 612/888-9526 NO.. g ?-<P5',5' FAX,..~.~_TJ~N S~ I TTA L TIHE: NO. OF . PAGES: ~_ (tnc.]uding th~s Pagel TELEPHONE NO.: ¥7 z- D~DO 'FAX NO. COI~ItENTS: 472 rAIL t~ ~.OC~S .'Ol~; PLAT, : ItJll II · · IIZAA ~ II Ij ~IM~I SO' tle4lUrld frcs I'Rc~r I I I / Lot J,,j ~ / / / ! (4,) /(4,?)/ , ,., .,/.,. / I (36) PROPOSED RESOLUTION #93-~ RESOLUTION TO APPROVE A MINOR SUBDIVISION AND A VARIANCE FOR 5656 BARTLETT BLVD., LOTS 11 TO 16, BLOCK 9, MOUND BAY PARK, PID #23-117-24 14 002? P&Z CASE NUMBER 93-015 WHEREAS, applicant, Jeffrey Ritneour, has submitted a request for a Minor Subdivision in the manner required by City Code Section 330 and Minnesota State Statute Chapter 462, and all proceedings have been duly conducted thereunder, and; WHEREAS, an application for a variance has also been submitted requesting recognition of an existing nonconforming front yard setback for the existing house on the proposed Parcel A resulting in a 8.5' variance, and; WHEREAS, the subject property is located within the R-2 Single Family Residential Zoning District which according to City Code requires, for single family dwellings, a lot area of 6,000 square feet, a 20 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, all other proposed setbacks, lot area, and lot coverage are conforming. The proposed lot area for Parcel A is 8,451 square feet, and the proposed lot area for Parcel B is 6,607 square feet, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval with conditions, the vote was 6 in favor and 2 opposed. NOW, THEREFORE, BE IT RESOLVED, by the city Council of the City of Mound, Minnesota, as follows: To accept the request of the applicant to subdivide the following described property: Lots 11, 12, 13, 14, 15 and 16, Block 9, Mound Bay Park. To approve the Minor Subdivision according to the following proposed descriptions and according to the attached Exhibit A: Parcel A: Lots 11, 12, 13 and that part of Lot 14, Block 9, Mound Bay Park, according to the recorded plat thereof which lies westerly of a line drawn from a point of the south line of said Block 9, distant 61.32 feet westerly from the southeast corner of Lot 16 in said Block 9, to a point on the north line of said Lot 14 distant 75.30 feet westerly from the northeast corner of said Lot 16. Proposed Resolution Case #93-015 Page 2 Reserving an easement for drainage and utility purposes over, under and across the north 5.00 feet, the east 5.00 feet, the south 10.00 feet and the west 5.00 feet of the above described property. Parcel B: Lots 15, 16 and that part of Lot 14, Block 9, Mound Bay Park, according to the recorded plat thereof which lies easterly of a line drawn from a point of the south line of said Block 9, distant 61.32 feet westerly from the southeast corner of Lot 16 in said Block 9, to a point on the north line of said Lot 14 distant 75.30 feet westerly from the northeast corner of said Lot 16. Reserving an easement for drainage and utility purposes over, under and across the north 5.00 feet, the east 5.00 feet, the south 10.00 feet and the west 5.00 feet of the above described property. Approval of this Minor Subdivision is subject to the following conditions: Sanitary sewer and water services either be installed before the subdivision is recorded or some type of guarantee be provided, such as cash escrow or performance bond. Provide entrance and utility installation permits from Hennepin County. Ee Final Grading and Erosion Control Plan to be approved by the City Engineer at time of building permit application. Cash deposit in the amount of $500.00 be required to offset any direct outside City expenses. A park dedication fee be paid as required by City Code of $500 per lot being created. The City Council does hereby recognize the existing nonconforming front yard setback of 11.5' and grant the variance for Parcel A. It has been found that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of their land; that these special circumstances were not created by the applicant; and the granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated and will not have an adverse effect upon traffic or traffic safety. Proposed Resolution Case #93-015 Page 3 Se It is determined that the foregoing subdivision will constitute a desirable and stable community development and it is in harmony with adjacent properties. The city Clerk is authorized to deliver a certified copy of this resolution to the applicant. The applicant shall have the responsibility for filing this resolution in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulations of the City. The applicant shall also have the responsibility of pay all costs for such recording. This lot subdivision is to be filed and recorded within 180 days of the adoption date of this resolution. J ~ E]~IIBIT A Case #93-015 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMI qSION MAY 10, 1993 Case ~93-015: Jeffrey Ritenour, 5656 Bartlett Blvd.t Lots 11 to 16t Block 9~ Mound Bay Park~ PID ~23-117-24 14 0027. MINOR SUBDIVISION. Building Official, Jon Sutherland, reviewed the applicant's request for a Minor Subdivision to create two lots, both of which will be conforming to the minimum lot area requirement of 6,000 square feet. Parcel A is proposed with 8,451 square feet and Parcel B with 6,607 square feet. Parcel A has an existing nonconforming dwelling due to the front yard setback of 11.5' resulting in an 8.5' setback variance which was recognized by Resolutions $91-43 and $92-110. Staff recommended approval of the request for minor subdivision subject to the following conditions: 1. Sanitary sewer and water services either be installed before the subdivision is recorded or some type of guarantee be provided, such as cash escrow or performance bond. 2. Provide entrance and utility installation permits from Hennepin County. 3. Final Grading and Erosion Control Plan to be approved by the City Engineer at time of building permit application. 4. A park dedication fee be paid as required by City Code of $500 per lot being created. Weiland referred to the applicant's variance application where he stated, "Road was moved many years ago when Mound was first being populated, we found out by old residents". Weiland and Mueller both believed this statement to be untrue. Mueller questioned the amount of fill that will be brought in to construct the house on Parcel B and questioned if the Shoreland Management Ordinance (SMO) has a limit on the amount of fill. He also noted that the survey does not reflect proposed elevations. The Building Official commented that the SMO was reviewed and applied to the application. He suggested that a condition could be added requiring that all grading and filling must comply with the SMO. The Building official added that the building permit includes grading and filling. Meyer questioned where the future owner of Parcel B will store his boat and other items, noting that with 10 foot side yard setbacks on each side and considering the elevations it would be difficult to store anything at the side of the house, there is not much open space except in the front yard. Hanus referred to condition $4 relating to park dedication and commented that he does not agree with how the ordinance is being interpreted, and feels only one unit should be charged. Weiland Hay 10, 1993 recalled that when the ordinance was originally written it was intended to charge a fee for each new lot only. It was determined to add this issue as a discussion item at the end of the agenda. Concern was expressed that the hardcover is maxed out and does not allow for future expansion, such as for a deck. MOTION made by Michael, seconded b Vo approval of the re~,~-~ -- - y ss to recommend ~-~o~ ~or minor SUbdlv/ston and variance recognition as recommended b the following conditions= y staff, ~ncluding 1. Sanitary sewer and water services either be Inst before the subdivision i ........ alled guarantee be provided, such as cash escrow or performance bond. ~ -~uorae~ or some type of 2. Provide entrance and Utility Installation permits from Hennepin County. 3. Final Grading and Erosion Control Plan to be approved by the City Engineer at time of building permit application. 4. Cash deposit An the amount of $500.00 be required to offset any direct outside City expenses. 5. A park dedication fee be paid as required by City Code of $500 per lot being created. Motion carried 6 to 2. Those in favor were: Michael, Hanus, Johnson, Voss, Weiland, and Jensen. Meyer and Mueller opposed. This case will be heard by the City Council May 25, 1993. CITY of ,XI. OUND ~'2 -~Z E~Cr2 May 12, 1993 Mr. Les Weigelt HENNEPIN COUNTY DEPT. OF PUBLIC WORKS 320 Washington Avenue South Hopkins, MN 55343-8468 SUBJECT: 5656 Bartlett Blvd., Mound Dear Mr. Weigelt: We have received an application for a minor subdivision resulting in the creation of an additional buildable lot on Bartlett Blvd., County Road 125. A copy of the survey showing the proposed subdivision is enclosed for your reference. If the subdivision is approved, the new lot will require permit approval from you for a new driveway entrance and installation of utilities. The City Council will be reviewing this application for approval on May 25, 1993, please advise us of your opinions relating to this request by. this date. The applicant has requested to be copied on any correspondence relating to their application, their address is below. If you have any questions, please contact me or Jon Sutherland, Building official. .e~gy.pectful ly, James Planning & Inspections cc: Jeffrey Ritenour, 5656 Bartlett Blvd., Mound, MN 55364 v~on Sutherland, Building official printed on recycled paper CITY of MOUND STAFF REPORT 53..:'! MAYWOOD ROAD MOUND h.~iNNESOTA 55364-1687 ~612; 472-060C FAX ;6~2~ 472-0C27 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: BACKGROUND Planning Commission Agenda of May 10, 1993 Planning Commission, Applicant and Staff Jon Sutherland, Building Official 30~ Minor Subdivision Request Jeffrey Ritenour 93-015 5656 Bartlett Blvd., Lots 1! to 16, Block 9, Mound Bay Park, PID 223-117-24 14 0027 R-2 Two Family Residential The applicant,s are seeking approval of a minor subdivision to create two lots, both of which will be conforming to the existing City Code provisions for lot area. Parcel A with 8,451 square feet has an existing nonconforming dwelling with an attached garage now under construction (note attached Resolutions #91-43 and #92-110). Parcel B with 6,607 square feet is a buildable parcel and the proposed dwelling foot print is conforming to City Code requirements 30 percent maximum impervious surface is required. ' COMMENTS This case has been reviewed with the respective departments of city staff and their comments are incorporated into the staff recommendation. ~ECOMMENDATION Staff recommends approval of the request for minor subdivision subject to the following conditions: Sanitary sewer and water services either be installed before the subdivision is recorded or some type of guarantee be provided, such as cash escrow or performance bond. Provide entrance and utility installation permits from Hennepin County. printed on recycled paper Staff Report 5656 Bartlett Blvd. May 10, 1993 Page 2 Final Grading and Erosion Control Plan to be approved by the City Engineer at time of building permit application. A park dedication fee be paid as required by City Code of $500 per lot being created. This case will be heard by the City Council May 25, 1993. JS:pj Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors RECEIVED May 3, 1993 Mr. Jon Sutherland Planning & Zoning City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Ritenour Subdivision Case #93-014 MFRA #10379 Dear Jon: As requested, we have reviewed the application for subdivision of the above referenced property and have the comments and recommendations: e a minor following The survey does not show any City utilities, i.e., sanitary sewer or watermain. From the City records, it does not appear there is either an existing sewer or water service available for proposed Parcel B. These would need to be installed at the Owner's expense. Bartlett Boulevard is a Hennepin County Road, for which an entrance,permit will be required for the proposed driveway. A utility installation permit is also needed before any excavating is done to install the necessary sewer and water services. 0 The proposed grades shown for the future house appear to be acceptable. A final Grading & Erosion Control Plan will need to be submitted at th~ time application is mad permit, e for a building In conclusion, we are recommending the following conditions be made a part of the minor subdivision approval. 1. Sanitary sewer and water services either be installed before the subdivision, is recorded or some type of guarantee be provided, such as cash escrow or performance bond. 2. Provide entrance and utility installation permits from Hennepin County. 3. Final Grading & Erosion Control Plan to be approved by the City Engineer at time of building permit application. An Equal Opportunity Employer Mr. Jon Sutherland May 3, 1993 Page Two 4. Cash deposit in the amount of $500.00 be required to offset any direct outside City expenses. If you have any questions or need additional information, please contact us. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:pry Application for NIIN R D ION F LAND City of Mound 534! Maywood Ro&d, Mound, M1/ $5354 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date:_ Site Visit Scheduled: Zoning Sheet Completed: Copy to City Planner: -- Case No._ q"'~O ~'1~ Application Fee:_____~.00 Escrow Deposit: Deficient Unit Charges? Copy to Public Works: I, -- Copy to City Enoine~r: . ~.~ -- Delinquent Taxes? Please type or primt the following information: Address of Subject Property ~_~~~~f~ ~,;f/ DQ ...... / Address~ - Applicant,s Name (if other than owner) · 5ddress Name of ~ LEGAL DESCRIPTION: Lot~ Day Phone Day Phone~¢/_~ _ Day Phone Block_ ~ PID N°._LC__r_U27 -7_q 1.¢ 0O27 Use Of Property_ R.%~2..~i &[,~,'( __ 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) an~ \provide copies of resolutions. This application must be signed by al__! owners of the subject property, or an explanation given why this is not the case. Da'te ' , ~ D'ate -- LUSTERS ADDI~SS TEL N0,472-7489 11,72 21::58 P.03 HOUSE: DRIVEWAY: DECK: OTHER: .SQ FI' X 30% = ! WIDTH , ; ~Z~ . /A._ =, I I~O~ll~ DR] TOTAL D~.¢ X I e · · I · · I *, ~I '- i I 50% · ...... HARDCOVER CALCULATIONS , EXISTING LOT AREA EXIS~G LOT AREA HOUSE: SQ FI'X 30% = [_ SQ FY X 15% = LENGTH WIDTH X X TOTAL HOUSE ........... GARAGE: ~L x Y.~ = X TOTAL GARAGE .......... DRIVEWAY: /g x TOTAL DRIVEWAY DECK: X TOTAL DECK ........... TOTAL DECK @ 50% ........ X TO?AL OTHER ........... TOTAL PROPOSED HARDCOVER ...... !EETS LO/~ COVERAGE REQUIREMENTS? .... BY . DATE_ YES _____NO 4/93 VARIANCE APPLICATION CITY OF MOUND 5341 Mat/wood Road, Mound, MN 55364 Phone: 472-0600, Fax: 4?2-0620 APR ?_ 2_ 1993 5ze Planning Commission Date: city Council Date: Application Fee: $50.00 q Site Visit Scheduled: Zoning Sheet Completed: Copy to City Planner: Copy to Public Works: Copy to City Engineer: Please type or print the following information: Address of Subject Property Owner's Name ~--~g gr~/ Applicant's Name (if other than owner) Address Day Phone LEGAL DESCRIPTION: Lot 1ltl2-: {~}~; I~ ¢,_r-,d I~ Block Addition ¢otkr~d %~ ~~ PID No.~-1]7-~ Zoning District ~¢-Z, Use of Property: Has an application ever been made for zoning, variance, conditional permit, or other zoning procedure for this property? (~ yes, ( ) no. yes, list date(s) of application, action taken, resolution number(s) provide copies of resolutions. use If and 1. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): --Fo .~hh -~.ioi¢{c ~o~-, o~ _paeoel A,, ~h,o,t~ has no b~~ ,// 4/93 Variance Application Page 2 Case No. 2. 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: Front Yard: ( N S~E W ) Rear Yard: ( ~S E W ) Lake Front: ( N S E W ) Side Yard: (.N S E~) Side Yard: ( N S ~W ) Street Frontage: Lot Size: Hardcover: required requested (or existing) VARIANCE ft. ft. ft. ft. ft. ft. sq ft I I~' 0'"'"" ft. _ ~--'~, ~--- ft. G~ _ ft. - ft. ~- ft. ft. ~/o-- ft. ft. ~' ft. -- ft. ft. ft. sq ft -- O~ sq ft sq ft sq ft - OK ~sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (~), No ( ). If no specify each non-conforming use: , Which unique physical characteristics of the subject its reasonable use for any of the uses permitted district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape Please describe: p~operty prevent in that zoning soil existing other: specify Se Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~). If yes, explain 4/93 Variance Application Page 3 Case No. 6. Was the hardship created by any other man-made change,_ suc. h as the relocation of a road? Yes (~), No (). If yes, explain 7. ~e the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (~. no, list some other properties which are similarly affected? 8. 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. owner's Signature~~¢~/ ~~~/~_ Date applicant's Signature ~z~Z~ Date 193 August 25, 1992 RESOLUTION %92-110 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT LOTS 11 TO 16v BLOCK 9v MOUND BAY PARK~ PID %23-117-24 14 0027~ 5656 BARTLETT BLVD. P&Z CASE NUMBER 92-044 WHEREAS, Jeffrey Ritenour has applied for a variance to recognize and existing nonconforming 11.5' front yard setback resulting in an 18.5' setback variance to allow construction of a conforming deck, and; WHEREAS, A variance was approved by the City Council on March 26, 1991, Resolution #91-43 to allow improvements to the subject dwelling and all conditions have been adhered to, and; WHEREAS, The subject property is located within the R-3 Single Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, a 30 foot front yard setback, 10 foot side yard setback, and a 15 foot rear yard setback, and; WHEREAS, All other setbacks and lot area are conforming, and; WHEREAS, The Planning Co~i~sion has reviewed the request and unanimously recommended approval NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Mound, Minnesota, as follows: 1. The City does hereby approve a variance recognizing an existing nonconforming 11.5' front yard setback to allow construction of a conforming deck. 2. The City Council authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) of the Zoning Code 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 23.404. 3. 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 a 12' x 10' deck at the rear of the house. 193 August 25, 1992 4. This variance Is granted for the following legally described property~ Lots 11 to 16, Block 9, Mound Bay Park 14 0027. · PID ~23-117-24 5. This variance shall be recorded with the County Recorder or the Registrar of Titles in Henneptn County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. 6. 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 Counctlmember Smith and seconded by Councilmember Jessen. The following Voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following voted in the ~egative: none. 194 6]. 61 March 26, 1991 RESOLUTION %91-43 RESOLUTION GRANTING VARIANCES TO PROPERTY LOCATED AT 5656 BARTLETT BLVD.~ LOTS 11 TO 15~ BLOCK 9~ MOUND BAY PARK, PID #23-117-24 14 002?, P & Z CASE ~91-005 WHEREAS, Jeffrey & Roxanne Ritenour have purchased property located at 5656 Bartlett Blvd. and said property needs substantial renovation and improvements; and WHEREAS, the structure is located 11 1/2 feet at its nearest point to Bartlett Blvd. and the ordinance requires a 30 foot setback in the front yard, but the side and rear yard set- backs meet code; and WHEREAS, Section 300:15, Subd. 9a. of the City Code prohibits construction lower than 933.5 MSL, 1929 datum, and this basement was constructed in approximately 1910 at 931.55 and is 1.9 feet below the required elevation; and WHEREAS, the requested variances have been reviewed by the Planning Commission who have recommended by .a 5-2 vote that the variance not be granted because the basement elevation is too low to meet Section 300:15, Subd. 9 a. of the Code; and WHEREAS, the applicants have advised the City Council that they are willing to raise the basement floor to meet the minimum elevation if the variances are granted. NOW, THEREFORE, BE IT RESOLVED by the City. Council of the City of Mound, Minnesota, as follows: ae The existing location of the house requires an 18.5 foot variance to the front yard setback from the street. Said variance is granted so the home can remain 11.5 feet from the street. The applicant is authorized to construct an attached garage as set forth on the survey marked "Revised 3/5/91". The applicant shall obtain all necessary building per- mits and may proceed based on their representation and conditioned upon their raising the finished floor of the basement to an elevation a minimum of not less than 933.5 MSL, 1929'datum. The applicant shall be subject to the following 7 con- ditions as set forth in the Building Official's report to the Planning Commission which are listed items 1-7 as follows: 1 62 March 26, 1991 The entire rim joist sill plate area be exposed for proper inspection and any areas found to be in poor condition be replaced with material approved by the current building code. The existing wall cavities be properly filled with approved insulation as best as can be reasonably accomplished· A heat loss calculation by a qualified mechanical contractor be submitted to verify the furnace in- stalled or to be installed, is properly sized. The central heating plant has been recently replaced; that the applicant verify a permit has been issued, or obtain the required permit. The furnace to be thoroughly inspected and checked for proper operation by a qualified mechanical con- tractor who will complete a house heating test record form as supplied by the building official· That all structural .modifications be properly designed and installed. 6. That all other aspects of the building that are modified be brought into compliance with current code as required by the building official. 7. Also suggested by staff, that the thickness and condition of existing concrete floor be checked, and if it was not sound, or 3-1/2 inches thick, it' would be removed and replaced and a draintile sys- tem, sump basket and pump be installed. D. The applicant shall also redo the sewer and water con- nections to the new basement floor at his own expense. E. The applicant shall meet all requirements of the Sewer and Water Dept. as set forth in a memo from Greg Skin- ner to Jon Sutherland, dated 3/12/91. F. The applicant is authorized to raise the structure elevation to make the basement useable. The foregoing resolution was moved by Councilmember Jessen and seconded by Councllmember Smith. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jess.n, Johnson and Smith. 63 March 26, 1991 The following Councilmembers voted in the negative: none. Attest: city Clerk FRONT SIDE: PEAR: ifRONTt FRONT LAJ~$HOI~ ~0' /~Aiured frc~ O.N,W.! ~ZS~ZNG ~D 01~ PROPO8BD BBTBACKB: SIDE: LJ~J~SHOI~ DATI / / (~) ~) / / RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE FOR LOT 1, BLOCK 1, DRIFTWOOD SHORES, 5503 THREE POINTS BLVD. v PID #13-117-24 22 0001 P&Z CASE NUMBER 93-017 WHEREAS, the applicants, Raymond and Suzanne Falls, have applied for a variance to recognize an existing nonconforming side yard setback of 5.76' to the required 10' setback to allow construction of a conforming deck, 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 10,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, all other setbacks, lot area, and lot coverage are conforming, and; WHEREAS, The Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the city Council of the City of Mound, Minnesota, as follows: 1. The City Council does hereby approve a 4.24' side yard setback variance to allow construction of a conforming 12' x 16' deck at 5503 Three Points Blvd. The city Council authorizes the alterations set forth below, pursuant to Section 350:420, Subd. 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. 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 a 12' x 16' conforming deck. This variance is granted for the following legally described property: Lot 1, Block 1, Driftwood Shores. Proposed Resolution Case #93-017 Page 2 Se e 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. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION MAY 10, 1993 Case ~93-017: Lot 1, Block VARIANCE. Ra~mond and 8uzanne Falls, 5503 Three Points Blvd., 1, Driftwood Shores, PID ~13-117-24 22 0001. Building official, Jon Sutherland, reviewed the applicant's request for a variance to construct a fully conforming deck onto the existing nonconforming dwelling. The dwelling is situated 5.76' from the side yard that requires a 10 foot setback. The original house was approved with the final inspection by the City Building Inspector in 1972. The lot area, according to the most recent survey by Paul Schoborg in 1990, and confirmed by my phone conversation, is 12,400 square feet +/-. Maximum impervious surface on the site at 30 percent is limited to 3,720 square feet. The applicant's calculations show 3,248 square feet, including the proposed deck, which is conforming to the provisions of the ordinance. Staff recommended approval of the request as the proposed deck is conforming to the provisions of the City Code. MOTION made by Michael, seconded by Weiland to recommend approval of the variance as requested. Motion carried unanimously. This case will be heard by the City Council May 25, 1993. CITY of MOUND STAFF REPORT 534! MAYWOOD ROAD MOUND MINNESOTA 55364-1687 (6!2~ ~72 0608 FAX (612 472 0620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. Planning Commission Agenda of May 10, 1993 Planning Commission, Applicant and Staff Jon Sutherland, Building Official 5~ Variance Request Raymond and Suzanne Falls 93-017 LOCATION: ZONING: BACKGR___OUND 5503 Three Points Blvd., Lot 1, Block 1, Driftwood Shores, PID ~13- 117-24 22 0001 R-1 Single Family Residential The applicants are seeking a variance to construct a fully conforming deck onto the existing nonconforming dwelling. The dwelling is situated 5.76' from the side yard that requires a 10 foot setback. The original house was approved with the final inspection by the City Building Inspector in 1972. The lot area, according to the most recent survey by Paul Schoborg in 1990, and confirmed by my phone conversation, is 12,400 square feet +/-. Maximum impervious surface on the site at 30 percent is limited to 3,720 square feet. The applicant's calculations show 3,248 square feet, including the proposed deck, which is conforming to the provisions of the ordinance. RECOMMENDATION Staff recommends approval of the request as the proposed deck is conforming to the provisions of the City Code. This case will be heard by the City Council May 25, 1993. JS:pj printed on recycled paper 4/93 VARIANCE APPLICATION ~¥ 0F HOUND 5341 Heywood Road, Hound, MN 55364 Phone: 472-0600, Fax: 472-0620 : I',tAY - 3 1993 Planning Commission Date: City Council Date: Site visit Scheduled: Application Fee: $50.00 Case No.q¢-'0] 7 ' Zoning Sheet Completed: Copy to City Planner: Copy to Public Works: Please type or print the following information: Address of Subject Property Owner's Name ...~ F/~d)t)2~ ~/-~ Day Phone Owner's Address Applicant's Name (if other than owner) -"~ Address ~ Day Phone LEGAL DESCRIPTION: Block I Lot / Addition~'~%~~C~.~ _-~"~0~_~ PID No. Zoning DTs;r~ct~ ! Use of Property: 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. 1. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): 4/93 Variance Application Page 2 Case No. 2. Do the existing structures comply with all area, height, bulk, and set~back regulations for the zoning district in which it is located? Yes , No (). If no, .specify each non-conforming use (describe reason ~or variance request, 1.e. setback, lot area, etc. ) SETBACKS: Front Yard: ( N S E W ) Rear Yard: ( N S E W ) Lake Front: ( N S E W ) Side Yard: ( N S~W ) Side Yard: ( N S E W ) Street Frontage: Lot Size: Hardcover: required requested (or existing) ft. ft. ft. ft. ft. ft ft. _ ~', -7 ~ ft. ft. ft. ft. ft. sq ft sq ft sq ft sq ft Does the present use of the property conform to . zoning district in which it is located? Yes a~ specify each non-conforming use: VARIANCE ft. ft. ft. ft. ft. ft. sq ft sq ft regulations for the , No ( ). If no, Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography soil ( ) too small ( ) drainage I~ existing ( ) too shallow ( ) shape ( ) other: specify Please describe: - 5. Was the hardship described above created by the action of anyone having property interests in, he land after the zoning ordinance was adopted (1982)? Yes (), No If yes, explain 4/~ Variance Application Page 3 Case No. Se Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain -\ Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ~, No (). If no, list some other properties which are similarly affected? 8. 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. Owner's Signature ~O~--w-~ ~ Applicant's Signature Date Date CERTIFICATE OF SURVEY FOR: ~ N 1'3 = WOOD STAKE PLACED B.M.- o : IRONMON. SET BEARINGS .ON PROPOSED INFORMATION ASSUMED DATUM - _ 1st FLOOR ELEV. · ----,-------- BASEMENT ELEV. DRAINAGE 000.0 = EXIST. ELEV. (000.0,)= PROPOSED ELEV. ~LSCHOBORG _,~ND SURVEYING INC. RI. l, 8ox ~ 972-3221 Oelano. MN 55328 · = IRON MON. INPLACE I hereby certify that this plan, survey or report was - GARAGE FLOOR ELEV, TOP BLOCK ELEV. E&P_ OOO.O - EXIST. & PROP. ELEV. prepared by me or under my direct supervision and that lam a duly Registered Land Surveyor,under the laws of the State Of Minnes~o!~ JOB # Book - Page /~-75' Scale / "--3O' HARDCOVER CALCULATIONS ADDRESS NAME EXISTING LOT AREA / ~97J./~, SQ FI' X 30% = l EXISTING LOT AREA /~'77,5',/& SQ FTX 15% = HOUSE: LENGTH WIDTH SQ FT / ~& ' x ~ 7 / = /.~Y~- ~'' TOTi~ HOUSE ........... GARAGE: DRIVEWAY: DECK: TOTAL GiM~GE TOT~ DRIYE~A¥ /~ x /L, TOTAL DECK ........... TOTAL DECK @ 50% ........ ,/ OTHER: x = ~"~";'~ '4' x ~-¥ -- ,.~.//~ TOTAL OTHER ........... TOTAI, PROPOSED HARDCOVER .............. I 3~ 9t~'' I NO I' L,L.~LKAL ZON~G I~'ORMATION SItF,~T ADDRESS: ~ -- f Z~NK: ~ 14~IR~D .~ ~ ] ·XlSTI14G ~X~S~lnq ~t ~ldth , Depth FRONTs N S · 14 FRO14Tt · · · SID·t H $ · W I,AJ~SHOJ~: ACCESSORY BUXLDXNG SO' tfMJ&lu~od from O.H.#. ! FRONT: 14 $ · W SIDE: # S · ACCESSORY BUILDING l· THIS PROPERTY COHFO/tJ4ING? YES BY: ? .. uiu, ~ pROPOSED I~RO~ZNTS COHrO~? DAT~ / ! . t (251) Pf~T Y LOT d~ d 10'36' .~PI lr'lr--f..- (~) 10 4) / ,qZ YB· RO PROPOSED RESOLUTION ~93- /'~'~ RESOLUTION TO APPROVE A LAND ALTERATIONS PERMIT AND A CONSTRUCTION ON PUBLIC LANDS PERMIT TO ALLOW THE TRIMMING OF SUMAC AND REPLACEMENT OF A STAIRWAY ON DEVON COMMONS, ABUTTING 46Z5 ISLAND VIEW DRIVE, LOT 10, BLOCK 1, DEVON ABUTTING DEVON COMMONS, DOCK SITE #41319 WHEREAS, Charles and Mary Faith have applied for a Land Alteration Permit to allow trimming of Sumac on Devon Commons abutting their property, and; WHEREAS, staff discussed with the applicant, after the initial application was received, that the stairway needed to be repaired and/or replaced and must meet Building Code requirements and; ' WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the applicant's reason for trimming the sumac is to enhance the view of the lake, and; WHEREAS, the City's Shoreland Management Ordinance allows limited clearing and trimming of vegetation on steep slopes to provide a view to the water from the principal dwelling site provided that screening of structures is not substantially reduced. WHEREAS, trees can be trimmed in a manner appropriate for removal of branches to benefit the trees. Healthy trees and plants with healthy root systems must remain intact to prevent erosion of the steep slope, and; WHEREAS, staff must conduct an on-site evaluation with the applicant or a licensed tree trimmer hired by the applicant. All trimming must be removed from the site and cost of removal and trimming is the applicant's responsibility, and; WHEREAS, the existing stairway is in poor condition and the permit is expired. Miscellaneous electrical work and water supply piping from the house is evident on Devon Commons and no permit is on record for this work. A portion of a fence is on Devon Commons, shared with 4617 Island View Drive, and there is no permit. The owner states the fence belongs to the neighbor. WHEREAS, the Park and Open Space Commission reviewed this request and unanimously recommended approval, with conditions. Proposed Resolution Faith Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: To approve a Land Alteration Permit to allow the trimming of Sumac and a Construction on Public Lands Permit to replace the existing stairway, on Devon Common abutting 4625 Island View Drive, upon the following conditions: ae Only one occasion permitted for trimming and minor clearing of trees and sumac, as directed by staff. Staff must conduct an on-site evaluation with the applicant or a licensed tree trimmer hired by the applicant. All trimming must be removed from the site and cost of removal and trimming is the applicant's responsibility. Bo The existing stairway must be replaced to code in the same location. A plan must be submitted and approved by staff prior to any construction. Ail electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on Devon Commons. All power supply to the commons from 4625 Island View Drive must be disconnected by a qualified electrical contractor until such work is approved by the city Council. The applicant must verify disconnection with city staff. D. The fence must be removed. Ee The water supply piping may remain upon the condition that the installation be approved by the City Plumbing Inspector. The applicant must verify with city staff. The applicant shall be responsible for the plumbing permit and any inspection fees that result. Fe If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicant's dock license will not be issued until compliance has been achieved. The Permit must be renewed with change in ownership of the residence at 4625 Island View Drive, or with change in dock license holder. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMM/SSION MAY 13, 1993 Charles and Nary Faith, 4675 Island View Drive, Block I Lot 10 Devon Dock Bite $41319. LAND Ar. TERATiON TO TRIM VEGETATION. Jim Fackler, Parks Director, reviewed the apPlicant,s request for a permit to trim trees and also cut sumac to enhance the view of the lake from their house, and to reconstruct the existing dilapidated stairway to their dock. The City,s new Shoreland Management Ordinance allows limited clearing and trimming of vegetation on steep slopes to provide a view to the water from the principal dwelling site provided that screening of structures is not substantially reduced. The trees can be trimmed in a manner appropriate for removal of branches to benefit the trees. Health tre systems must remain intact ~ ~-~-- _ es a~d plants with healthy root must conduce ...... :~_ _ ~v ~ven~ erosion of the steep slope. Staff licensed tree trimmer hired by the applicant. All trimming must be removed from the ...... ' ~u~ evaluation with the applicant or a site and cost of removal and trimming is the applicant,s responsibility. Dead and dangerous material can be removed at the direction of staff and one hazardous branch was recently allowed to be removed. The existing stairway is in poor condition and the permit is expired. ~scellaneous electrical work is evident on Devon Commons and no permit on record for this work. A portion of a fence is on Devon Commons, shared with 4617 Island View Drive, and there is no permit. The owner states the fence belongs to the neighbor. There is also water supply piping from the house to wash boats, etc., and again, no permit. Staff recommends approval of a Land Altergtlon Perml~ for the trimming of vegetation and approval of a Constructlo2 on Public Lands Permit to replace the stairway, subject to the following conditions: 1. Only one occasion permitted for trimming and minor clearing of trees and sumac, as directed by staff. 2. The existing stairway must be replaced to code in the same location. A plan must be submitted and approved by staff prior to any construction. 3. All electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A site plan must be submitted showing in detail the location scaled of all electrical services on Devon Commons. All power supply to the commons from 4625 Island View Drive must be disconnected by a qualified electrical contractor until such work is approved by the City Council. The applicant must verify disconnection with City staff. 4. The fence must be removed. Park and Open Space Co~mtlsion Ninutel ~-~~ Ma~r 13, 1993 Se The water supply piping may remain upon the condition that the installation be approved by the City Plumbing Inspector. The applicant must verify with City staff. The applicant shall be responsible for the plumbing permit and any inspection fees that result. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicant's dock license will not be issued until compliance has been achieved. The applicant, Mary Faith, addressed the Commission and stated that they just purchased the house in January. The hillside on the Commons is full of debris. She stated they would prefer to disconnect the electrical and water services. She also asked if they can disconnect the services rather than hire a licensed contractor. The Parks Director noted that work being done on public property requires a licensed contractor; staff will verify this with the Building official. She also stated that they would prefer to repair the stairway versus totally replace it. Ahrens noted that the applicant did not note on the application form that they want to replace the stairway. The Parks Director noted that after a site visit and discussions between the applicant and Building Official it was the intent of the applicant to fix the stairway. Ahrens requested the applicant amend their application form to reflect their request to repair the stairway. MOTION made by Skoglund, seconded by Byrnes to recommend approval of the Special Permit as recommended by staff. Motion carried unanimously. This request will be heard by the City Council on May 25, 1993. DATE: TO: FROM: ABUTTING ADDRESS: APPLICANT: COMMONS: DOCK SITE: CLASS: SUBJECT: CITY of MOUND STAFF REPORT 534' !J&YWOOD ROAD MOUND. L?",;NESOTP. 55364-~687 F,~X ;6;2~ 472-06._c0 May 13, 1993 Park & Open Space Commission Meetiny Park and Open Space Commission and Applic~ t~ Jon Sutherland, Building Official ~ . ~ Jim Fackler, Parks Director 4625 Island View Drive Block 1, Lot 10, Devon, PID ~30-117-23 22 0003 Charles j. and Mary Faith Devon: " · · · ¢¢~c does hereby donate and dedicate to the public for the pu use forever the roads, lanes streets and common as shown on the annexed plat." #41319 Public Lands Application for Land Alteration Permit to Trim Vegetation ADDlicant's Request The applicant is at this time requesting a permit to trim trees and also cut sumac to enhance the view of the lake from their house, and to reconstruct the existing dilapidated stairway to their dock. Comments and Background The City's new Shoreland Management Ordinance (excerpts are attached), allows limited clearing and trimming of vegetation on steep slopes to provide a view to the water from the principal dwelling site provided that screening of structures is not substantially reduced. The trees can be trimmed in a manner appropriate for removal of branches to benefit the trees. Healthy trees and plants with healthy root systems must remain intact to prevent erosion of the steep slope. Staff must conduct an on-site evaluation with the applicant or a licensed tree trimmer hired by the applicant. All trimming must be removed from the site and cost of removal and trimming is the applicant,s responsibility. Dead and dangerous material can be removed at the direction of staff. Issues recognized by staff 1. Applicant,s request. printed on recycled paper Staff Report Faith May 13, 1~93 Page 2 Existing stairway is in poor condition - expired permit. Miscellaneous electrical work on Devon Commons - no permit. Portion of fence on Devon Commons, shared with 4617 Island View Drive - no permit. The owner states the fence belongs to the neighbor. Water supply piping from house to wash boats, etc. - no permit. Staff Recommendation Staff recommends approval of a Land Alteration Permit for the trimming of vegetation and approval of a Construction on Public Lands Permit to replace the stairway, subject to the following conditions: Only one occasion permitted for trimming and minor clearing of trees and sumac, as directed by staff. The existing stairway must be replaced to code in the same location. A plan must be submitted and approved by staff prior to any construction. Ail electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on Devon Commons. All power supply to the commons from 4625 Island View Drive must be disconnected by a qualified electrical contractor until such work is approved by the city Council. The applicant must verify disconnection with City staff. The fence must be removed. The water supply piping may remain upon the condition that the installation be approved by the City Plumbing Inspector. The applicant must verify with city staff. The applicant shall be responsible for the plumbing permit and any inspection fees that result. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicant's dock license will not be issued until compliance has been achieved. This request will be heard by the City Council on May 25, 1993. The adjoining property owners have been notified of the request. DJ Revised 2/18/92 (Public. Ap) Application for PUBLIC LANDS PERMIT CITY OF MOUND, 5341 Maywood Road, Mound, Phone: 472-0600, Fax: 472-0620 LMCD Distribution: Building Official Watershed DNR MN 55364 Date Received ~ -~ - 9~ Park Meeting ~)ate City Council Date- TYPE OF APPLICATION (check one): ! I I CONSTRUCTION ON PUBLIC LAND PERMIT - new construction or improvement, NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOATHOUSES OR OTHER BUILDINGS ON PUBLIC LAND. PUBLIC LANq)5~L~EN~NCE PERMIT - to maintain or repair an existing structure LAND ALTERATION _ change in shoreline, drainage, slope, trees, fill, etc. OWNER'SNAMEChdr'~$ ~' ~ /7~R~'F ~'~,'~/9 OWNER'S DAY PHONE # ~-~7//o~~ EGAL DESCRIPTION OF ABUTTING PROPERTY: /0 ADDITION_ , ~E2~/O/~ NAME OF PUBLIC LAND f~) ~F]mO/~3 BLOCK ~ PID # 30- // 7--23 2~ OOo~ DOCK SITE # SHORELAND CLASSIFICATION APPLICANT'S NAME & ADDRESS (if different) CONTRACTOR PERFORMING WORK .... ~-=~ur, S ADDRESS CONTRACTOR, S LICENSE # PHONE # VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS): PARK COH24ISSION Approved Den~ed DATE CITY CO~CIL _~ Approved - Denied DATE ./ CASE NO. 83-232 Plat off Survey '.for Lew Ho Sacks of Lot 10, Block 1, Devon. Hennepin County~ Rtnnesota of the boundaries of ~ot 10, Block 1, Devon, and the ~ocation of all ex/sting bu/ldings thereon. It does not purport show o~her improvements or encroacb_~_n~s. Sca~.e: 1" : 30' Da~e ~ 5-13-77 o 8 Iron marker 4and Surveyor and PLumer ~ong 4ake, Hinnesota Mound City Code Section 350:1225, Subd. 4 sub4. 4. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. A. Yeqetation Alterations. Removal of vegetation necessary for the construction of structures and the construction of roads and parking areas regulated by Section 350:1225, Subd. 5 of this ordinance is exempt from the vegetation alteration standards that follow. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 350:1225, Subd. 7 B. and C., is allowed subject to the following standards: Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is prohibited. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. In shore and bluff impact zones and on steep slopes on private property, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: 116 I¥oi Mound City Code B® Section 350:1225, Subd. 4, A, 2, b, (1) _____~ (1) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. Topographic Alterations/Grading and Fillinq. Grading, filling and excavations necessary for the construction of structures and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. ® Public roads and parking areas are regulated by Section 350:1225 of this ordinance. Notwithstanding Items i and 2 above, a grading and filling permit will be required for: ae The annual movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and The annual movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: (1) Sediment and pollutant trapping and retention. J L HANOVER ROAD TUXEDO BLVD. /. t ~¢~ ',3 ~..~ ~' - PUTMAN ROAD / ~. ~4~1, / i RESOLUTION TO ~PPROVE ~ CONSTRUCTION ON PUBLIC Li~DS PEI~IT TO ALLOW THE CONSTRUCTION OF A NEW STAIRWAY AT DOCK SITE ~02930 ABUTTING THREE POINTS BLVD. CONSTRUCTION ON PUBLIC LANDS WHEREAS, Joel and Sandra Laskey who reside at 1749 Sumach Lane, have applied for a Construction on Public Lands Permit to allow the construction of a new stairway to provide access to their dock at dock site #02930 which abuts Three Points Blvd., or for filing purposes, the address of 4901 Three Points Blvd. which is located across the street, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, there currently is no access by stairs to this dock site and the terrain is such that a stairway is necessary, and; WHEREAS, this site is subject to some erosion potential, cutting and trimming of vegetation must be kept to a minimum, and' WHEREAS, this dock site is within walking distance for the applicant, and; WHEREAS, it is difficult to share a dock in this location because the docks are only three sections long due to the deep water, and due to the topography, it may be impractical to have one stairway jointly used with a walkway at the shoreline, and; WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval by a 6-1-1 vote. NOW, THEREFORE, BE IT RESOLVED, by the city Council of the city of Mound, Minnesota, as follows: 1. To approve a Construction on Public Lands Permit to allow the construction of a new stairway at dock site $02930, upon the following conditions: A. The stairway shall be constructed according to Building Code and the plans must be approved by the Building official prior to beginning any construction. B. Cutting and Trimming of vegetation shall be kept to a minimum and be supervised by the Parks Director. Proposed Resolution Laskey Page 2 Ce Eo The permit shall expire five (5) years from the date of City Council approval. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicants dock license will not be issued until compliance has been achieved. The Maintenance Permit must be renewed with change in Dock License holder. ~ OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MAY 13, 1993 Joel & Sandra Laskey (1749 Sumach Lane) t Abutting Address 4901 Three Points Blvd., Lots I & 2, Block 4, Shadvwood Point, Dock Site ~02930. CONSTRUCTION ON PUBLIC L~NDS TO CONSTRUCT NEW STAIRWAY. Jim Fackler, Parks Director, reviewed the applicant's request for permit approval to construct a new stairway to their dock site which abuts Three Points Blvd. There currently is no access by stairs to this dock site and the terrain is such that a stairway is necessary. The plans submitted by the applicant are not to scale and are inadequate for permit issuance. It is possible to construct a code conforming stair at this site and the applicant will need to work directly with the Building Official and revise the plans to accurately reflect the conditions and provide a safe stairway. This site is subject to some erosion potential, cutting and trimming of vegetation must be kept to a minimum and be supervised by the Parks Director who will also keep track of the shoreline maintenance. This area is currently being considered for riprapping. Staff recommended approval of the Construction on Public Lands Permit subject to the following conditions: 3 Park and Open Space Commission Minutes l, May 13, 1993 The stairway shall be constructed according to Building Code and the plans must be approved by the Building Official prior to beginning any construction. 2. Cutting and Trimming of vegetation shall be kept to a minimum and be supervised by the Parks Director. 3. The permit shall expire five (5) years from the date of City Council approval. 4. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicants dock license will not be issued until compliance has been achieved. Chair Skoglund read a letter received from Nancy Gardner who resides across the street from the proposed stairway location, as follows: "I object to the land use application to construct a new stairway for the following reasons: 1. It was unclear to me and the Mound official who visited the site on Wednesday, May I2, ~993, whether this was an existing approved dock site or a new one. The state marked "Laskey was directly above the Hawley dock, and the permit application papers 9ave no measurements for the exact location of the proposed stairs. I feel we need more information to make a good decision. 2. The shoreline slope to the north of the Hawley dock increases very sharply. Clearing trees and 9round cover would cause erosion and damage the shoreline. 3. The three existing docks have only one boat moored to each dock at this time. Have the Laskeys explored sharing the existing docks? 4. ~he. existing stairway and pathways down to the docks are eroded and unsafe. Mernaps one central stairway with a horizontal walkway that connects to each dock could be built instead. 5. If this is a new dock site, I feel there will be parking problems at Three Points. My neighbor across the street has multiple slips in front of his house, and there is congestion in the summer from those slips. The shore is littered with dead trees, refuse and old tires. There is a Shore-station dumped half-way up the bank. I realize these are not problems caused by the Laskeys, but they speak to the lack of adequate maintenance and general problems with the docks and their upkeep. I think we need more information, and other options need to be explored so that the Park Commission can make a wise decision, one that will benefit all parties and also preserve Lake Minnetonka., The Dock Inspector clarified that this is an existing dock site which has not been utilized in the past because it needed a stairway. It is difficult to share a dock in this location because the docks are only three sections long due to the deep water, and due to the topography, it would be impractical to have one stairway jointly used with a walkway at tge. shoreline. ~irshbaum commented that he is opposed to Joint s~alrways. The Doc~ Inspector s~-~ ~ .... ' ' · . ~ . ~=u unu~ currently there is only one stairway on public land being used by two parties. Casey stated that the Park and Open Space Commission should talk about a policy on when to encourage shared stairways, and Byrnes agreed. 4 Park and Open Space Cosm£ss£on Minutes ~~ 13, 1993 The applicant confirmed that the dock has already been installed. The Commission confirmed with staff that he has one year from date of approval to install the stairway and questioned if it is hazardous to allow him to use the dock without having a stairway to traverse the steep slope. It was noted that the recommendation for James' request included a condition for approval which states, "The Maintenance Permit must be renewed with change in Dock License holder." It was suggested this condition be included in Laskey's approval to be consistent. Skoglund addressed the issue of adequate parking, and the applicant stated that the dock is in walking distance from his home. MOTION made by Kirshbaum, seconded by Asleson to recommend approval of the request as recommend by staff with the inclusion of the following condition: "The Permit must be renewed with change in Dock License holder." Motion carried unanlmously. The Commission noted that the approval for Mary Faith should also include the same condition. This request is scheduled to be heard by the City Council on May 25, 1993. I o% 5 13 '~3 10:~0 GARDNER D£SI~ Il May 12, 1993 To: Mound Advisory Park and Open Space Commission Re: Public Land Permit Application for Joel and Sandra Laskey .3ich I object to the land use application to construct a new stairway for the following reasons: 1. It was unclear to me and the Mound official who visit the site on Wednesday, May 12, 1993, whether this was an existing approved dock site or a new one. The stake marked 'Laskey' was directly above the Hawley dock, and the permit application papers gave no measurements for the exact location of the proposed stairs. I feel we need more information to make a good decision. 2. The shoreline slope to the north of the Hawley dock increases very sharply. Clearing trees and ground cover would cause erosion and damage the shoreline. 3. The three existing docks have only one boat moored to each dock at this time. Have the Laskeys explored sharing one of the existing docks? 4. The existing stairways and pathways down to the docks are eroded and unsafe. Perhaps one central stairway with a horizontal walkway that connects to each dock could be built instead. 5. If this is a new dock site, I feel there will be parking problems at Three Points. My neighbor across the street has multiple slips in front of his house, and there is conges- tion in the summer from those slips. The shore is littered with dead trees, refuse and old tires. There is a Shorestation dumped half-way up the bank. I realize these are not problems caused by the Laskeys, but they speak to the lack of adequate maintenance and general problems with the docks and their upkeep. I think we need more information, and other options need to be explored so that the Park Commission can make a wise decision - one that will benefit all parties and also preserve Lake Minnetonka. Thank you, /'7o5 CITY of MOUND 53zi fCAYWO.OD ROAD t/OUND f,,'%"4NESC- :- 55364- ~ 687 6t2 472:60~ FAX ,6t2, 4-2-9523 DATE: TO: FROM: ABUTTING ADDRESS: APPLICANT: COMMONS: DOCK SITE: CLASS: SUBJECT: STAFF REPORT May 13, 1993 Park & Open Space Commission Meeting Park and Open Space Commission and Applicant Jon Sutherland, Building Official Jim Fackler, Parks Director 4901 Three Points Blvd. Lots 1 & 2, Block 4, Shadywood Point, PID ~13-117-24 11 0129 Joel & Sandra Laskey, 1749 Sumach Lane Three Points Blvd. ~02930 D Construction on Public Land Permit Application for Construction of a New Stairway Applicant's Request The applicant's are seeking permit approval to construct a new stairway to their dock. Background and Comments There currently is no access by stairs to this dock site and the terrain is such that a stairway is necessary. The plans submitted by the applicant are not to scale and are inadequate for permit issuance. It is possible to construct a code conforming stair at this time and the applicant will need to work directly with the Building official and revise the plans to accurately reflect the conditions and provide a safe stairway. This site is subject to some erosion potential, cutting and trimming of vegetation must be kept to a minimum and be supervised by the Parks Director who will also keep track of the shoreline maintenance. This area is currently being considered for riprapping. Other Issues Recognized by Staff None. l '3lo printed on recycled paper CITY of MOUND DATE: TO: FROM: ABUTTING ADDRESS: APPLICANT: COMMONS: DOCK SITE: CLASS: SUBJECT: ~612~ 472' 9600 :AX(6~2 472 26£0 May 13, 1993 Park is g Park and Open Space Co~sion and 7 Three ~~1~. ~ c ~.~ ~ ~an~ ~ ~ca~on ~or Construction o~ a Stai~ay APPlicant's Request i The applicant,s are See to their dock. permit a ~roval to construct a new stairway Background and Commen' There c~~l i t~ ~rre~ y s no aqcess by stairs to this dock site and the terrain is such that~ stairwa~ is necessary. The plans submitted by the applicant are no~to sca%e and are inadequate for permit issuance. It is possible to cohs~ruct~a code conforming stair at this tie and the applicant will need~t~ w~rk directly with the Building Official and revise the plans ~o acc~t~ly reflect the conditions and provide a safe stairway. This site is s~ct to some erosion potential, cuttin and trimming of vegetation must~- , ....... g = ,,,~o~ ~= ~p~ ~o a m~nlmum and be supervised by the Parks Director who will also keep track of the shoreline maintenance. This area is currently being considered for riprapping. Other Issues Recoqnized by Staff None. printed on recycled paper /'7/I Staff Report Laskey May 13, 1993 Page 2 Recommendation Staff recommends approval of the Construction on Public Lands Permit subject to the following conditions: The stairway shall be constructed according to Building Code and the plans must be approved by the Building Official prior to beginning any construction. Cutting and Trimming of vegetation shall be kept to a minimum and be supervised by the Parks Director. The permit shall expire five (5) years from the date of City Council approval. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicants dock license will not be issued until compliance has been achieved. This request is scheduled to be heard by the City Council on May 25, 1993. The abutting dock site holders have been notified. l?tg. Revised 2/18/92 (Public. Ap) ~: -.~lf~ t'"'. 4~'~ Application for PUBLIC LANDS PERMIT_ CITY OF MOUND, 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Distribution: Date Received 4--1~--~ Building official _..O~i~iN~ ~ ~0~ Park Meeting bate Watershed DNR LMCD ~q~ City Council Date TYPE OF APPLICATION (check one): I., _ CONSTRUCTION ON PUBLIC LAND PERMIT - new construction or · mprovement, NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOATHOUSES OR OTHER BUILDINGS ON PUBLIC LAND. I I~1 I I_ I PUBLIC LAND MAINTENANCE PERMIT - to maintain or repair an existing structure LAND ALTERAIqON _ change in shoreline, drainage, slope, trees, fill, etc. ~o ~ s o ~ o ~ ~ DOCK s~ ~_ OZ9 ~ 0 SHO~D CUSS~C~ON APPLIC~T'S N~E & ADDRESS (if different) CONT~CTOR PERFO~ING CONT~CTOR, S ~DRESS CONTRACTOR,S LICENSE# VALUATION/PROPOSED COST OF PROJECT DESCRIBE REQUEST & PURPOSE: PHONE # (INCLUDING LABOR & MATERiALS):D/~O~ ........................................ Dated _. Approved Denied DATE ' ' CITY COUNCIL 'Approved ~_~Denied DATE ~j. C PROPOSED RESOLUTION ~93-'(~ RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT TO ALLOW THE RECONSTRUCTION OF A STAIRWAY ON WAURIKA COMMONS, ABUTTING 1559 EAGLE LANE, LOTS 2, 3, & 12, BLOCK 3, WOODLAND POINT DOCK SITE #02040 WHEREAS, Tom and Peggy James who reside at 5078 Woodland Road, have applied for a Construction on Public Lands Permit to allow the reconstruction of a stairway to provide access to their dock at site #02040 on Waurika Commons, abutting 1559 Eagle Lane, Lots 2, 3, & 12, Block 3, Woodland Point, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the stairway is needed to access the dock, and the existing stairway is in poor condition, and; WHEREAS, the Park and Open Space Commission reviewed this request and unanimously recommended approval, with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: To approve a Construction on Public Lands Permit to allow reconstruction of a stairway at Dock Site #02040, upon the following conditions: Ae The applicant is responsible for all costs incurred, including installation and maintenance. The new stairway shall be in compliance with the Building Code and inspected and approved by the Building Official. Ce The permit will expire five (5) years from the date of City Council approval. De The Permit must be renewed with change in Dock License holder. Ee If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicant's dock license will not be issued until compliance has been achieved. MINUTF~ OF A MF. ETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MAY 13, 1993 Tom and Peqqy James {5078 Woodland Road), Abuttinq Address 1559 Eagl.. Lane, Block 3, Lots 12, 2, & 3, Woodland Point, Dock Site ~02040. CONSTRUCTION ON PUBLIC LANDS TO REPLACE EXISTING STAIRWAY. Parks Director, Jim Fackler, reviewed the applicant's request to replace a stairway on Waurika Commons. The stairway is in very poor condition and is used to access their dock. Staff recommended approval of the Construction on Public Lands Permit to allow replacement of the stairway at Dock Site f02040, subject to the following: The applicant is responsible for all costs incurred, including installation and maintenance. The new stairway shall be in compliance with the Building Code and inspected and approved by the Building Official. The permit will expire five (5) years from the date of City Council approval. The Maintenance Permit must be renewed with change in Dock License holder. Se If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicant's dock license will not be issued until compliance has been achieved. MOTION made by Skoglund, seconded by Casey to recommend approval of the request as recommended by staff. Motion carried unanimously. This request will be heard by the City Council on May 25, 1993. CITY of MOUND 534~ k'~YV~OOD ~OAD '.'SUND M~NNESOTA~354-'687 STAFF REPORT DATE: TO: FROM: ABUTTING ADDRESS: APPLICANT: COMMONS: May 13, 1993 Park & Open Space Commission Meeting Park and Open Space Commission and Applicant Jon Sutherland, Building Official Jim Fackler, Parks Director 1559 Eagle Lane Block 3, Lots 1, 2, & 3, Woodland Point Tom and Peggy James of 5078 Woodland Road Waurika Common: -. . · and we hereby dedicate to the owners of the lots as shown on the annexed plat, forever, all the streets or avenues thereon shown." DOCK SITE: #02040 CLASS: D SUBJECT: Public Lands Permit Application for Construction on Public Lands for Replacement of a Stairway. Applicant, s Request The applicants are requesting to replace a stairway on Waurika Commons. The stairway is in very poor condition and is used to access their dock. Other Issues Recognized by Staff None· Recommendation Staff recommends approval of the Construction on Public Lands Permit to allow replacement of the stairway at Dock Site #02040 subject to the following: ' l? The applicant is responsible for all costs incurred, including installation and maintenance. The new stairway shall be in compliance with the Building Code and inspected and approved by the Building Official. Staff Report James May 13, 1993 Page 2 The permit will expire five (5) years from the date of City Council approval. The Maintenance Permit must be renewed with change in Dock License holder. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicant's dock license will not be issued until compliance has been achieved. The abutting property owners have been notified. heard by the City Council on May 25, 1993. This request will be Revised 2/18/92 (Public. Ap) Application for PUBLIC LANDS PERMIT CITY OF MOUND, 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Distribution: Building Official Watershed DNR LMCD Date Received Park Meeting D~te~ City Council Date TYPE OF APPLICATION (check one): ' CONSTRUCTION ON PUBLIC LAND PERMIT - new construction or improvement, NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOATHOUSES OR OTHER BUILDINGS ON PUBLIC LAND. '~' PUBLIC LAND MAINTENANCE PERMIT - to maintain or repair an existing structure ,.' ,'LAND ALTERATION - change in shoreline, drainage, slope, trees, fill, etc. O~ER' S N~EB.L' ~['~K~ D~. ~~n O~ER' S DAY PHONE ~ PROPERTY: .EGAL DESCRIPTION OF ABUTTING LOT(S) I~ ~, ~ ADDITION ~A,~OOl~l'%d ~i~ NAME OF PUBLIC LAND ~i~ DOCK~ ~~ BLOCK PID # SHORELAND CLASSIFICATION APPLICANT'S NAME & ADDRESS (if different) CONTRACTOR PERFORMING WORK CONTRACTOR' S ADDRESS CONTRACTOR' S LICENSE # PHONE # VALUATION/PROPOSED COST OF,~__. _ . _PROJECT (INCLUDING LABOR & MATERIALS) ~,~.scRI..~ RE~OEST ~ PURPOSE.' ~5~l~F~..~gf~ ~U: ..G~¢ '~'i'Ze Dated ~,,;~'E~;~6~ .............................................................. Approved Denied DATE CITY COUNCIL ~ Approved Denied DATE 1 1 II · I PROPOSED RESOLUTION #93-~ RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT TO ALLOW RECONSTRUCTION OF A STAIRWAY ON BRIGHTON COMMONS, ABUTTING 2945 CAMBRIDGE LANE, LOTS 9 & 10, BLOCK 34, WYCHWOOD, DOCK SITE #509?0 WHEREAS, the applicants, Willard Wayne and Lin Terwilliger, have applied for a Construction on Public Lands Permit to allow reconstruction of the existing dilapidated stairway which was previously approved by City Council Resolution #78-305, and; WHEREAS, the stairway will provide access to their dock at site #02930 on Brighton Commons, abutting 2945 Cambridge Lane, Lots 9 & 10, Block 34, Wychwood, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the existing retaining wall on Brighton Commons abutting 2945 Cambridge Lane is in good condition, and; WHEREAS, the Park and Open Space Commission reviewed this request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. To approve a Construction on Public Lands Permit to allow reconstruction of an existing stairway, upon the following conditions: A. The stairway shall be constructed to code as approved by the Building official. B. The permit shall expire five (5) years from the date of City Council approval. C. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicants dock license will not be issued until compliance has been achieved. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MAY 13, 1993 ~r~4Wa-~W~h:-~odd L~oc~e~lisV97 2945 Cambrid e Lane Lots 9 & 10 REPLACE EXISTING STAIRWAY. IC LANDS TO Parks Director, Jim Fackler, reviewed the applicant,s request for a permit to replace an existing dilapidated stairway approved by previous City Council Resolution #78-305. The Building Official has reviewed the plans with the contractor on-site and determined the proposal is consistent with the Building Code and well suited for the site (with the exception that the landing must be a minimu~ of 36" x 36")· In 1978 the existing block retaining wall was recognized in the application for a Maintenance Permit by Lewis R. Pavlo. A portion of the wall appears to be both on commons and the applicant,s property. A new survey is pending from the applicant and this should detail further the conditions actually on the commons and the issues raised on the status sheet. The survey was not available at the time the report was prepared. Staff recommended approval of the request to re-build the existing dilapidated stairway subject to the following conditions: 1. The stairway shall be constructed to code as approved by the Building Official. The permit shall expire five (5) years from the date of City Council approval. 3. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicants dock license will not be issued until compliance has been achieved. Staff confirmed the existing retaining wall is in good condition. MOTION made by Skoglund, seconded by Byrnes, to recommend approval of the request as recommended by staff Motion carried unanimously. · This request is scheduled to be heard by the City Council on May 25, 1993. CITY of MOUND STAFF REPORT 5341 MaVWOO£ ROAD ~6~2 472-9500 :AX ~612i 472.0620 DATE: TO: FROM: ABUTTING ADDRESS: APPLICANT: COMMONS: May 13, 1993 Park & Open Space Commission Meeting Park and Open Space Commission and Appli~n~ Jon Sutherland, Building Official 35' ~T\ Jim Fackler, Parks Director q '~.J 2945 Cambridge Lane Lots 9 & 10, Block 34, Wychwood, PID #24-117-24 42 0008 Willard Wayne and Lin Terwilliger Brighton Common: " and do hereby donate and dedicate to the public use forever t~e'county road as shown on the annexed plat; and do also hereby donate and dedicate to the lot owners of said "Wychwood" the use forever of the lanes, roads and commons as shown on the annexed plat." DOCK SITE: 250970 CLASS: C SUBJECT: Construction on Public Lands Permit Application to Replace Existing Stairway Applicant, s Request The applicant is seeking permit approval to replace an existing dilapidated stairway approved by previous City Council Resolution #78- 305. Background and Comments The Building Official has reviewed the plans with the contractor on-site and determined the proposal is consistent with the Building Code and well suited for the site (with the exception that the landing must be a minimum of 36" x 36"). Other Issues Recognized by Staff In 1978 the existing block retaining wall was recognized in the application for a Maintenance Permit by Lewis R. Pavlo. A portion of the wall appears to be both on commons and the applicant's property. A new survey is pending from the applicant and this should detail further the conditions actually on the commons and the issues raised on the status sheet. The survey was not available at the time this report was prepared. printed on recycled paper /7 7 Staff Report Terwilliger May 13, 1993 Page 2 Recommendation Staff recommends approval of the request to re-build the existing dilapidated stairway subject to the following conditions: The stairway shall be constructed to code as approved by the Building official. The permit shall expire five (5) years from the date of city Council approval. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicants dock license will not be issued until compliance has been achieved. This request is scheduled to be heard by the City Council on May 25, 1993. The abutting property owners have been notified. CITY OF NCXJNO .. S34 ! HAYWCX:)D ROAD MOUND, HN 55364 472- 1155 RECEIVED APR (7/.89) M_AINTENANCE PERMIT APPLICATIC~,' FOR IMPROVEMENTS OR USE OF A STRUCT~JRE ON PUBLIC LANDS ADDRESS: ~0~ ~l~l~bG~- JJ~lE NAME 'OF COMMONS ADDITION: ~DESCRIBE REQUEST: (CHECK ONE) DAY PHONE: l~j,~c~ DOCKS ! TE ~ ~ ~-)0 BLOCK: REPAIR EXISTING STRUCTURE/IMPROVEMENT REQuEsT NEW CONSTRUCTION/IMPROVMENT TREE TRIMMING UNDER-BRUSH TRIMMING -- CHEMICAL TREATMENT OF VEGETATION .-'EXPLAIN: 'l-~(~ ~i~9~jAj ~t~ ~ .... ' . APPLICANT MUST FURNISH 'THE FOLLOWING: 1. One Plot plan Drawn to scale showing dimensions and location oF the existing om Promosed structure/improvement. 2. Type of chemical and method :o be used. 3. . Name, address, an~ phone number o~ contractor performing services. . 4, One 'set o~ plans and specifications o~ sufficient clarity and detail. ~o indicate the nature and e~ent o~ the struc- ture or improvement. 5. Photographs o~ the existing structure In need o~ repair, or off th& a~fected area. Signature oF Apl:)iicant Dated Rock ret, I £f, w/de (40) BRIGHTON Pollo I ret wall (40) (40) str~ Wood Conc. Cdnc 8005--. I0 9 (4o) I0 9 8 7 i '...?. '..../ .... ~r'45) (40) -- 165.00 - LI~ Z X I L 320 June 13, 1978 Councilmember Withhart moved the following resolution: RESOLUTION 78-306 RESOLUTION TO CONCUR WITH THE PARK COMMISSION RECOMMENDATION AND AUTHORIZE THE COMMONS MAIN- TENANCE PEI:U~IT AS REQUESTED (DECK OVERHANG AND RETAINING WALL) WHEREAS, owners of property at 2945 Cambridge Lane have requested Mainten- ance Permits for deck overhang and retaining wall on Brighton Commons, and WHEREAS, permit could be granted on the Flow Chart for up to 3 years and re- newable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council concurs with the Park Commission recommendation and does hereby authorize the Commons Maintenance Permits for a deck overhang and a retaining wall be granted for up to 3 years and that said permit be renewable. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swanson, and upon vote being taken thereon, the follow- ing voted in favor thereof: Lovaasen, Withhart and Swenson; the following voted against the same: none, with Fenstad and Polston being absent, where- upon said resolutlon was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. - ~layor Attest: City Clerk Il June 13, 1978 Councilmember Withhart moved the following resolution, RESOLUTION 78-305 RESOLUTION TO CONCUR WITH THE PARK COMMISSION RECOMMENDATION AND AUTHORIZE THE COMMONS MAIN- TENANCE PERMIT AS REQUESTED (STAIRWAY) WHEREAS, owners of property at 2945 Cambridge Lane have requested Main- tenance Permit for a stairway on Brighton Commons, and WHEREAS, said stairway request could be granted according to the Flow Chart on a renewable permit for up to five years, and WHEREAS, said stairway would hve to be constructed to State Bldg. Code which states: Rise no less than 7" or no greater than 8" Tread from 9" to 12" Recommended with of 42" Hand railings on both sides. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND MOUND, MINNESOTA: , That Council concurs with the Park Commission recommendation and does hereby authorize the Maintenance Permit on Brighton Commons for stairway as requested. That said stairway be painted an earthtone color and handrails be installed. That said permit be renewable for up to 5 years. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lovaasen, and upon vote being taken thereon, the follow- Ing voted in favor thereof: Lovaasen, Withhart and Swenson; the follow- ing voted against the same; none, with Fenstad and Polston being absent, whereupon said resolutlon was declared passed and adopted, signed by the Mayor and his signature attested by the City C~erk. ! At~est: City Clerk 2945 Cambridge Lane~ wi 1lard Terwlll Iger 7-26-89 FENCE ft9226 (6-12-91) WATER SOFTNER I12277 11-20-92 Wychwood Lots :9 & 10 Block 3q 2~-I17-2~ ~2 0008 2 m B ¥ PROPOSED RESOLUTION #93- RESOLUTION TO APPROVE A coNs~RU~'~'~ON O ....... ~A~DS PERMIT T ALLOW THE CONSTRUCTION OF STa?~wav ~v~m uu~mO~S, ABUTTING 4737 ISLAND VIEW DRIVE, BLOCK 7, LOT 7, DEVON, DOCK SITE #42351 WHEREAS, applicant, Dean Hanus, has applied for a Construction on Public Lands Permit to allow the construction of stairway landings, including a 3' x 12' upper landing attached to the existing boathouse and a 6' x 6' mid landing for the stairway, on Devon Commons, Abutting 4737 Island View Drive, Block 7, Lot 7, Devon, Dock Site #42351, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the City is currently in litigation with the applicant regarding construction and reconstruction work on Devon Commons without permits, and; WHEREAS, stairways are considered permissible by the Use Plan for Devon Commons and also by the new Shoreland Management Ordinance, and; WHEREAS, the applicant,s request includes anchoring the upper landing to the boathouse. The boathouse has been ordered to be removed by the Council. This request is directly contrary to the City's prior order. Approval of connection would conflict with City Council's decision of December 10, 1991 and May 26, 1992, and; WHEREAS, the upper timber stairway never received a permit, and the City has not ordered removal, and; WHEREAS, the retaining walls never received a permit, and the City has not ordered removal, and; WHEREAS, the guardrail on lake side of patio area has never received a permit, and; WHEREAS, the patio area, currently covered with patio blocks, is a hardcover surface and was recognized by Resolution #78-372. The City's goal at that time per the Flow Chart was "Renewable up to 3 years contingent on the City's Use Plan", and; WHEREAS, the flagpole located in the patio area has never received a permit, and; Proposed Resolution Hanus Page 2 WHERE]%S, the wire fence on the east side of the subject abutting property located on Devon Commons has never received a permit, and; WHEREAS, miscellaneous electrical and low voltage lighting has never been permitted by the city, and; WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval with conditions. The vote was 6 in favor and 1 opposed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Mound, Minnesota, as follows: 1. To approve a Construction on Public Lands Permit for Dean Hanus to allow the construction of stairway landings on Devon Commons abutting 4737 Island View Drive, Block 7, Lot 7, Devon, Dock Site #42351, upon the following conditions: A. The size of the upper landing shall not exceed 3' wide by .4' long and shall not be attached to the boathouse. The ~. )smaller landing size is consistent with the Shoreland ~ J- ....... ~ ~inance (city Code Section 350:1200) and / ~~'~evtl~pact to' the~ shoreland. The mid-landing ~ within the stairway shall not exceed 4' x 6'. The smaller size is still large enough to maneuver items to and from the lake and represents less impact to the shoreland. An alternative would be to change the location of the stairway to provide for less impact (note original location on 1974 survey). If the stairway location is changed, a new plan would have to be submitted · B. The upper timber stairs may remain subject to the installation of a handrail and guardrail on all stairs as approved by the Building official C. Retaining walls may remain subject to the owner acknowledging that he constructed these walls without approval of the city and is responsible for their maintenance and upkeep. If the retaining walls deteriorate and are in need of repair, it is the responsibility of the owner of Lot 7, Block 7, Devon to replace or repair the wall. D. The guardrails may remain if they are buffered/screened with plantings as approved by staff. ~' Proposed Resolution Hanus ~// Page 3 E. Hardcover decks/patios do not meet the standards of the Shot·land Management Ordinance. The patio area should be restored to a natural condition and planted with natural vegetation that facilitates screening of the retaining walls and buffers the visual impact of the shoreland. A landscape plan for the patio area must be prepared by the applicant and approved by the staff. The flagpole must be removed from the public commons. Remove the wire fence located on Devon Commons. All power supply to the co~~ns from 4737 Island View Drive must be temporarily/disconnected by a qualified electrical contractor. An application may be filed, according to City Ordinances, to allow the electrical work to remain. In the event an application is not received within one year of the approval date of this Resolution, all electrical work shall be removed from the public commons. The applicant shall be required to agree in writing to the terms set forth in this resolution, and the Special Permit. The Special Permit will expire one (1) year from the date of City Council approval and upon agreement by the applicant to be bound by the conditions. In one year staff will evaluate compliance. If compliance has been achieved, the permit will be extended administratively for four (4) years. If compliance has not been achieved within one year of date of approval of the permit, staff will recommend the applicant,s dock license not be issued until compliance with all provisions and conditions set forth in the Special Permit. If the applicant has not completed all the necessary work set out in the conditions set forth in the resolution and the permit, any rights to construct or maintain these allowed improvements on public land shall be considered revoked and City staff is authorized and directed to proceed to remove all the improvements not authorized and approved by the City Council. Nothing contained in this approval shall be deemed by the applicant or by the court to change prior actions or prior orders of this Council for removal of the boathouse as set forth in Council resolutions adopted on December 10, 1991 and May 26, 1992. It is the intent of this Council to respond to the applicant's request to construct and maintain a stairway from his private Proposed Resolution Hanus Page 4 Ke property to the public commons. It is not the intent to modify or amend prior orders of the Council nor should it be interpreted to in anyway modify, restrict, or change the litigation filed by the City against Dean Hanus. A copy of this resolution granting a special permit shall be filed as a memorial in the office of the registrar of titles of Hennepin County or in the office of the County Recorder if the property is abstracted property. The legal description of this property affected by this permit is: Lot 7, Block 7, Devon. The applicant shall file and pay the costs of filing a Certified copy of this resolution. He shall provide the City Clerk with a copy of the recorded document with all recording data shown by proper County officials. NIINUTE OF A MEE G OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MAY 13, 1993 Dean Hanus 4737 Island View Drive Block 7 Lot 7 Devon Dock Site Parks Director, Jim Fackler informed the Commission that the City is currently in litigation with the applicant regarding construction and reconstruction work on Devon Commons without permits. This report has been reviewed by the City Attorney and was adjusted accordingly. Fackler reviewed the applicant,s re ...... cogstruct a 3' x 12' upper landi a at~~ ~o~ permit ·approval to an~ a 6' x 6' mid landin- for tL~--~''=~ ~o ~ne existing boathouse · ~. ne s~lrway. The original stairway was constructed without a permit and portions have been removed according to City Council order. ~ackqround and Comment~ Stairways are considered permissible by the Use Plan for Devon Commons and also by the new Shoreland Management Ordinance (see attached City Code Section 350:1225, Subd. 3. B. 1. - 5. and Subd. 4. The applicant,s request includes anchoring the upper landing to the boathous? that has been ordered to be removed request ~s directly contrar,. ~ ....... , by the Council. This ~ ~ une ulty s prior order. Approval of connection would conflict with City Council,s decision of December 10, 1991 and May 26, 1992. In an attempt to resolve future conflicts and to coordinate expiration dates, staff will address all issues on the site at this time. All conditions on the site should be evaluated in processing this request according to the Flow Chart, the new Shoreland Management Ordinance (SMO), City Code Section 320, and the Use Plan for Devon Commons. Uses inconsistent with applicable regulations should be discontinued at the earliest opportunity. Each single request is only a small part of the publicly owned and managed shoreline, and the whole section of Devon Commons in this area should be considered, including the general topography of the shoreline, the immediate topography of 6 Park and Open Space ¢omm£ssion M£nu%es (~~ Hay 13, 1993 adjacent properties, and the transition of one property to the next. The cumulative effect each micro project has on the public shoreland must be in sync with the ultimate plan that is defined by the collective regulations to protect and preserve the public's right to use the public lands. Other issues Recoqnized bF' Staff Applicant's request (lower stairway). Upper timber stairway (never permitted, City did not order removed). Retaining Walls (never permitted, City did not order removed). Guardrail on lake side of patio area (never permitted). Patio Area. Currently covered with patio blocks, this is predominately a hardcover surface and was recognized by Resolution $78-372. The city's goal at that time per the Flow Chart was "Renewable up to 3 years contingent on the city's Use Plan." A walkway up to a maximum of 6 feet in width may be allowed to tie the two stairways together. 6. Flagpole located in the patio area. 7. The wire fence on the east side of the property on Devon Commons. 8. Miscellaneous Electrical and Low Voltage Lighting. staff Recommendation Staff recommended approval of a Construction on Public Lands Permit for the stairway subject to the following conditions being incorporated into a Resolution granting a Special Permit for the City Council's consideration: The size of the upper landing shall not exceed 3' wide by 4' long and shall not be attached to the boathouse. The smaller landing size is consistent with the SMO and reduces the impact to the shoreland. The mid-landing within the stairway shall not exceed 4' x 6'. The smaller size is still large enough to maneuver items to and from the lake and represents less impact to the shoreland. An alternative would be to change the location of the stairway to provide for less impact (note original location on 1974 survey). If the stairway location is changed, a new plan would have to be submitted. The upper timber stairs may remain subject to the installation of an approved handrail and guardrail on all stairs. Staff Report Dean Hanus May 13, 1993 Staff Recommendation Staff recommends approval of a Construction on Public Lands Permit for the stairway subject to the following conditions being incorporated into a Resolution granting a Special Permit for the City Council,s consideration: The size of the upper landing shall not exceed 3' wide by 4' long and shall not be attached to the boathouse. The smaller landing size is consistent with the SMO and reduces the impact to the shoreland. The mid-landing within the stairway shall not exceed 4' x 6'. The smaller size is still large enough to maneuver items to and from the lake and represents less impact to the shoreland. An alternative would be to change the location of the stairway to provide for less impact (note original location on 1974 survey). If the stairway location is changed, a new plan would have to be submitted. The upper timber stairs may remain subject to the installation of an approved handrail and guardrail on all stairs. Retaining walls may remain subject to the owner acknowledging that he constructed these walls and is responsible for their maintenance and or removal. Remove guardrails and replace with appropriate plantings to deter access at the top of all retaining walls. Hardcover decks/patios are no longer consistent with the SMO. The patio area should be restored to a natural condition and planted with natural vegetation that facilitates screening of the retaining walls and buffers the visual impact of the shoreland. A landscape plan for the patio area must be prepared by the applicant and approved by the staff. The flagpole must be removed or relocated to private property. Remove the wire fence located on the property line. All electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on Devon Commons. All power supply to the commons from 4737 Island View Drive must be disconnected by a qualified electrical contractor until such work is approved by the City Council. The applicant must verify disconnection with staff. Staff Report Dean Hanue May 13, 1993 10. The applicant shall be required to agree in writing to the terms setforth in the Special Permit. The Special Permit will expire one (1) year from the date of City Council approval and agreement by the applicant to be bound by the conditions. In one years time staff will evaluate compliance. If compliance has been achieved, the City Council will have the opportunity to renew the permit for up to five years, according to the Flow Chart, or may amend the permit to include other conditions beneficial to the public. If compliance has not been achieved within one year of date of approval of the permit, staff recommends the applicant's dock license not be issued until compliance with all provisions and conditions setforth in the Special Permit. The property owner shall have the responsibility of filing and recording the resolution approving the permit with Hennepin County as a notice to any purchaser or party of interest that Lot 7, Block 7, Devon is subject to the restrictions and conditions of the Special Permit, and paying all costs for such recording. Proof of recording must be filed with the City Clerk within thirty days or the Special permit shall be cancelled. The abutting owners have been notified. by the City Council on May 25, 1993. JS:pj This request is scheduled to be heard Park and Open Space Commission #inures ~~ May 13, 1993 3. Retaining walls may remain subject to the owner acknowledging that he constructed these walls and is responsible for their maintenance and or removal. Remove guardrails and replace with appropriate plantings to deter access at the top of all retaining walls. Hardcover decks/patios are no longer consist patio area should be rest~ .... ent with the SMO. The . . v~=u co a nacural condition and planted with natural vegetation that facilitates screening of the retaining walls and buffers the visual impact of the shoreland. A landscape plan for the patio area must be prepared by the applicant and approved by the staff. The flagpole must be removed or relocated to private property. Remove the wire fence located on the property line· All electrical work on public p~operty is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all ~~C~o~er4~i~sI ~n ~evon Commons. All power su--1- t · slang View Dr· ......... PP y o the qualified electrical contr=_~ ......... isconnected b City Council. The :~.~__~uur ~n~ll SUCh work is aDDrov~d ~F~zu~n~ musc var~fy disconnecti~ wi~a~: The applicant shall be required to agree in writing to the terms set forth In the Special Permit. The Special Permit will expire one (1) year from the date of City Council by the applicant to be bou ~,, ~ ......... approval and agreement staff will evaluate nd ~z ~= uon~l~lons. In one years time compliance. If compliance has been achieved, the City Council will have the opportunity to renew the permit for up to five years, according to the Flow Chart, or may amend the permit to include other conditions beneficial to the public. If compliance has not been achieved within one year of date of approval of the permit, staff recommends the applicant,s dock license not be issued until compliance with all provisions and conditions set forth in the Special Permit. The property owner shall have the responsibility of filing and recording the resolution approving the permit with Hennepin County as a notice to any purchaser or party of interest that Lot 7, Block 7, Devon is subject to the restrictions and conditions of the Special Permit, and paying all costs for such recording. Proof of recording must be filed with the City Clerk within thirty days or the Special permit shall be cancelled. o o o 10. 8 Park and Open SFace Conuiss£on M£nutes~U~l/-~ Hay 13, 1993 Applicant's Response to Conditions Dean Hanus expressed the following and concerns on each condition: ndib~D~iD_~ He can live with it. Attaching the stairway to the boathouse will minimize the impact and he would not have to install an additional post, but he can comply with this condition. Upper timber stairs. He is okay with this condition, even though he is not sure a handrail is required by code. Retaininq walls. He commented that it is common knowledgethat he constructed these walls. The walls need no maintenance, they are maintenance free, and to remove them would be unreasonable. He agreed that language could be added stating that if retaining walls degrade to a hazardous condition that it is the applicant's responsibility to replace the wall. The Parks Director can discuss language with the City Attorney. o ~uardrails. Does not want to remove guardrail for safety reasons. Patio. He feels #4 above and #5 should be combined. He would agree to remove the tiles and replace with seed or sod, he would like the guardrail to remain, and will add plants to buffer the guardrail. He would like the City to help with the cost of plantings. FlagPole,_ The flagpole is not a big deal and has nothing to do with the landings, but if that is what it takes, he will remove it off of Devon Commons. 7. Fence. He agrees to remove the fence off of Devon Commons. ~lectrical. He does not feel this issue should be addressed at this time due to the pending litigation and the electrical service is a part of the boathouse. The city has agreed to let the courts decide. Fackler suggested the power be cut until the boathouse issue is resolved. Hanus does not want to disconnect the lights on the walkway for safety reasons. The Commission discussed the need to review their policy for Lights on Public Lands. It was suggested the language in the condition be amended to include the power be "temporarily" disconnected. Terms for Compliance. Hanus commented that the way this condition is written implies that even if he complies to all the conditions, the City Council may not approve a permit. He wants the City obligated to renew the permit, he wants some type of guarantee. The Commission agreed to automatically give him a permit for four years if after one year compliance to the conditions has been achieved. Park and Open Space Co--isa[on Minutes ~ MaF 13, 1993 10. ]Pilinq Resolution.~ Hanus does not agree with this condition as it presents a negative flag on the Property. He is suspicious of the reason for this condition. MOTION made by Asleson, seconded b approval of the reauest to ----~ ...... Y _~hrens to recommend as recommended by ~t&ff wit~*~~ la~alngs on Devon Commons ~"~ ~oAlowlngamended conditions: 1. The size of the upper landing shall not e , · long and shall not be at*-~-- - .... xceed 3 Wide b 4' landing size is co-o~---i~"ff.~ ~ ~ne moathouse. The sma~., -o-o~n~ wl~n the SMO and · ---- to the shot.land. The mid ~---~ ..... reduces the impact not exceed 4' ~, ~ ...... ~ . in the stairway ha~ · X _ . ~-~ ~malier · _ s .... maneuver items *- --~ .... size is still 1ara. eno,,,~ ~- ~ ~-u ~rom the lake an~ ......... '- ~- ~u All - ~w~=~n:s less impact to t~e shot.land. . alternative woul location of the -~ .... . d be t~ change the . =ualrway to provide for less impact (note iglnai location on surveyS. If th. s airw y location changed, a new plan would have to be submitted. The upper timber stairs may remain subject the ~nstallation of an approved handrail and guardrail on ffl stairs. Retaining walls may remain subject to the owner acknowledging that he constructed these walls and is ' . maintena --~ ~ res onsxb nc. .... r r ...... P le for t , di. la .~c~f;~t. If ~_he retainin walls de,rad~e~ ~icant's re--i+.. , .... ~"~" _cae abuttin - -~ re Aace the wall. (The ~lzy Attorney should clarify language.) _._a_r~d~ails ma remain ~%= t, ......... The lantin s as a roved b sta~ ~re muir.red screened with iantin s as a ~ · Hardcover decks/patios are no longer consistent with the SMO. The Patio. area should be restored to a · planted with natural ve-~--~ ..... ~ural condition and ~=~lon ~nat facl~ the retaining walls an- ..... . ltates screenin of ~ mu=rets the v~sual impact of g the shot.land. A landscape Plan for the patio area must be prepared by the applicant and approved by the staff. The flagpole must be removed or relocated to private property. Remove the wire fence located on 2hu Pr¢~rty lln. Devon Commons. All electrical work on pUblic property is required by State law to be installed by a qualified licensed electr$cal contractor and inspected and approved b th Inspector. The ---- - -,. . y e State El.cfr ~A~y uoun~AA must ical proposed installation. A sca' ..... f~rst approve of the A~u sine pAan must be submitted showing in detail the location of all electrical services on 10 Park and Open Space Comm£ssion Minutes May 13, 1993 Devon Commons. All power supply to the commons from 4737 Island View Drive must be temporarily disconnected by a qualified electrical contractor until such work is approved by the City Council. The applicant must verify disconnection with staff. The applicant shall be required to agree in writing to the terms set forth in the Special Permit. The Special Permit will expire one (1) year from the date of City Council approval and agreement by the applicant to be bound by the conditions. In one years time staff will evaluate compliance. If compliance has been achieved, the permit will be extended for four (4) years. If compliance has not been achieved within one year of date of approval of the permit, staff recommends the applicant's dock license not be issued until compliance with all provisions and conditions set forth in the Special Permit. The Commission discussed the possibility of the City sharing the cost for plantings with the applicant. It was determined this issue should be addressed by the City Council. Byrnes commented that it is unfair to the Park and Open Space Commission to have to make a recommendation on this request without the Building official and City Attorney present. MOTION carried 6 to 1. Those in favor were: Andersen, &sleson, Byrnes, Kirshbaum, Skoglund, and Ahrens. Casey opposed. This request is scheduled to be heard by the City Council on May 25, 1993. 11 CITY of MOUND STAFF REPORT 534' /?AY?VOOD ROAD k,~OUh'D '~'~!F:NESOTA 55364- ~2~ 472-0600 FAX,6!2 472-0620 DATE: TO: FROM: ADDRESS: APPLICANT: COMMONS: DOCK SITE: CLASS: SUBJECT: May 13, 1993 Park & Open Space Commission Meeting Park and Open Space Commission and Applicant Jon Sutherland, Building Official Jim Fackler, Parks Director 4737 Island View Drive Block 7, Lot 7, Devon, PID #30-117-23 22 0055 Dean Hanus Devon: -. · and does hereby donate and dedicate to the public for the public use forever the roads, lanes, streets and common as shown on the annexed plat." 42351 c Public Lands Permit Application for Construction on Public Lands for a Stairway ADDlicant' S Request. The applicant is seeking permit approval to construct a 3' x 12' upper landing attached to the existing boathouse and a 6' x 6' mid landing for the stairway. The original stairway was constructed without a permit and portions have been removed according to City Council order. Background and Comments. Stairways are considered permissible by the Use Plan for Devon Commons and also by the new Shoreland Management Ordinance (see attached City Code Section 350'1225 Subd. 3 B 1 - 5 and Subd. The applicant's request includes anchoring the upper landing to the boathouse that has been ordered to be removed by the Council. This request is directly contrary to the City's prior order. Approval of connection would conflict with City Council,s decision of December 10, 1991 and May 26, 1992. In an attempt to resolve future conflicts and to coordinate expiration dates, staff will address all issues on the site at this time. printed on recycled paper /'7 7 Staff Report Dean Hanus May 13, 1993 The City is currently in litigation with the applicant regarding construction and reconstruction work without permits. All conditions on the site should be evaluated in processing this request according to the Flow Chart, the new Shoreland Management Ordinance (SMO), City Code Section 320, and the Use Plan for Devon Commons. Uses inconsistent with applicable regulations should be discontinued at the earliest opportunity. Each single request is only a small part of the publicly owned and managed shoreline, and the whole section of Devon Commons in this area should be considered, including the general topography of the shoreline, the immediate topography of adjacent properties, and the transition of one property to the next. The cumulative effect each micro project has on the public shoreland must be in sync with the ultimate plan that is defined by the collective regulations to protect and preserve the public's right to use the public lands. Other issues recoqnized by staff. Applicant's request (lower stairway). Upper timber stairway (never permitted, city did not order removed). Retaining Walls (never permitted, city did not order removed). Guardrail on lake side of patio area (never permitted). Patio Area. Currently covered with patio blocks, this is predominately a hardcover surface and was recognized by Resolution #78-372. The City's goal at that time per the Flow Chart was "Renewable up to 3 years contingent on the City's Use Plan." A walkway up to a maximum of 6 feet in width may be allowed to tie the two stairways together. Flagpole located in the patio area. The wire fence on the east side of the property on Devon Commons. 8. Miscellaneous Electrical and Low Voltage Lighting. 2 Revised 2/18/92 (Public.Ap) Il Application for PUBLIC LANDS PERM/T CITY OF MOUND, 5341 Maywood Road, Mound, Phone: 472-0600, Fax: 472-0620 Distribution: Building Official Watershed DNR LMCD TYPE OF APPLICATION ! (check one): I I.. I MN 55364 Date Received Park Meeting Date_ City Council Date_ ~_~7.~ CONSTRUCTION ON PUBLIC LAND PERMIT - new construction or · mprovement, NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOATHOUSES OR OTHER BUILDINGS ON PUBLIC LAND. PUBLIC LAND MAINTENANCE PERMIT - to maintain or repair an existing structure ,- , LAND ALTERATION _ change in shoreline, drainage, slope, trees, fill, etc. D S G PROPE, 5 a~ ', , LEGAL DESCRIPTION OF ABUTTING PROPERTY: O~ER'SDAYPHONESQ.~O-~.~ O ~T(s)~ DOCK SITE~ %~ 5~ / SHORELAND CLASSIFICATION APPLICANT'S NAME & ADDRESS (if different) CONTRACTOR PERFORMING WORK CONTRACTOR, S ADDRESS -' CONTRACTOR, S LICENSE # ~- VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) DESCRIBE REQUEST & PURPOSE: .~_~-~,~LCs, ~,1 'ignature of Applicant/ PARK COMMISSION CITY COUNCIL ~ Dated Approved Denied DAT~ ...................... _ Approved -' - -------_ Denied DATE STATEMENT OF PURPOSE I am proposing a very limited improvement. Since removing my deck at the city council's direction, I now have no way to negotiate the steps leading to the lake. I am requesting the addition of two landings strictly for the purpose of being able to make the turns necessary to get down to lake level. One is at the head of the steps measuring 3 feet wide (tread width) and extending 12 feet back. This allows easy attachment to the boathouse wall, avoiding the need to install support posts as well as any foundation or support slab for the posts that Jon S. might require. The 3-foot X 12-foot upper landing is 36 square feet; well below the 48-square foot maximum for landings that Jon quoted to me. The second landing (half-way down to lake level) would allow the 180 degree turn required to reach lake level. I propose this to be 6 feet X 6 feet square. This landing also measures only 36 square feet, well below the maximum allowable for landings. These dimensions were chosen to allow easier use when carrying boating equipment or recreational items down to (or back from) the shoreline such as gas cans for boats, skiis, fishing gear, canoes, paddles, lawn chairs, etc., etc. I am currently working with Jon Sutherland on this project and, upon approval, will begin as soon as possible. Sincerely PROPOSED COST OF PROJECT I don't expect the project to cost anything more than a few dollars for nails or possibly joist hangars. I plan on using the very lumber that made up the deck: 2 X 8 joists (green-treated lumber) 2 X 6 floor planking (red cedar) 2 X 2 spindles for safety railing (red cedar) I I JOB NO. 91573, ISle. rid XI~OT~8 - XOUI~D CITY CO0~ICXL - D~CZ)4~IR 10~11~1 1.10 APPLICATION FOR PEP. WIT FOR Till CONBTRUOTIOH OH ~UBLIC for DB3~ ~z. 47~7 XSLX.~D vxal D~X~ Th~ Building Official e~laXned tha~ th~ applican~ Is seeki~ an after-th~-f~ct Conat~ction on ~11o ~ndl Pe~t to ~11~ the following to ~. Boa~hous~ l,provemen~s~ lncludl~l siding~ vindovs~ ney dooc~ inside vail finish~ counter top sink, cabine~l~ a~ electrical w~ring for fixtures and outlets. b. ~ck. c. Stal~ay to lake. d. Retaining e. Shoreline riprap. The following were pre-exis~ln~ s~c~ures ~ha~ ~ere rec~nized by ~he City in Resolution 178-372 baaed on & survty of Co~on~l ~. Boathouse b. $tai~ay c. "Maintenance Pe~lt renewable up to 3 years contingen~ u~n the city's use plan. ~ew o~era may ~ake application for ~aintenance The City ~ttorney explained that when this survey of private sbructurea on pubXA~ land was done It was to discourage and resinate the practice a~ the earliest opportunity~ i.e. that pe~anent at,cruces, boa~housee~ living ~ar~era~ etc. should be removed at the earliest time. He also reminded the Council that cit~ officials are trustees for all the public and theregore private ~il~ga~ion o~ public lands should be discouraged and termina~ed a~ the earlies~ opportunity. The Park ~rec~or explaine~ ~ha~ ~he cons~c~on of ~he ~eck and ~emodel~ng of ~he boathouse came ~o ~he CA~'s a~en~[on froa another individual who vas den~ed an application for a ~eck on ~he Co.one An fron~ of his home. ~Ake ~ueller spo~e s~a~ng ~ha~ ~f ~here was a Truth ~n Nous~ng Code ~n ~he CA~y of Nound, prospective buyers would be aware ~hey were buying proper~y abutting Co.one and ~ha~ ~heM need a Nain~enance Pe~ for an~ encroachaen~a ~ha~ ex~s~ on Co~ons. Nark ~anus, ~ ~nbAgh ~oad~ s~a~ed ~ha~ he does no~ feel ~he Na~n~enance Pe~ sys~ea has worked. The Council pointed ou~ ~ha~ ~f ~ean ~anus had applle~ for a ~ulld~ng Pe~ which was re~re~, ~he Na~n~enance Pe~ sys~ea would have worked. The Building Official reco-mendedl 1. The City Council recognizes that. this public Co~usona area was dedicated by Tuxedo Park Company on September 12, 1911. 2. Complete removal of the boathouse and deck. 3. Regrading and landscaping of the area according to specifications prepared by the Park Director and City Engineer. 4. The cost of such removsl~ grading and landscaping 'be the responsibility of the applicant. 5. The applicant and abutting owner ma}, claim and remove any structure or portion thereof from the City Commons property and any remove it from Commons property after obtaining the required permit from the Building Official and at: the applicant's own expense. NOTE: Removal of a a~c~ure or boathouse would re, ire a Land Alteration Peral~ per CI~M Code Section 330, S~tvision 4. Councilme~ber Ahrens and Smith voiced opposition to the removal of the deck and boathouse. ~O?lO# made by ~ensen, seoonded by ~eaeen to deny a oonstruction on publio lands per~lt for 47~? Island View Drive and approving ltaff~s recommendations above except that the permit fee for the ~and ~lter&tion ~ex~ait will be valved. The boathouse and deok to be reaoved within 0 aouths of the date of this meeting (~une 10; Itel). ~he vote vas ~ ia favor with Whreua and ~aith voting aa~. Notiou carried. NE'I'oNKA D~Vt~LI Coi,4Nl oH Tlbl~ 0 uJ PROPOSED RESOLUTIO~ #93-l~"? RESOLUTION TO APPROVE A LAND ALTERATION PERMIT TO ALLOW THE TRIMMING OF LILAC BUSHES LOCATED ON BRIGHTON COMMON, ABUTTING 3005 BRIGHTON BLVD., LOTS 2, 3, 34 & 35, BLOCK 15, ARDEN, DOCK SITE #50640 WHEREAS, applicant, Bruce McComb, has applied for a Land Alteration Permit to allow the trimming of lilac bushes down to 8 feet in height, on Brighton Common abutting 3005 Brighton Blvd and; ' ., WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Land Alteration Permits, and; WHEREAS, the lilacs have been there for 15 to 20 years. A permit for the planting of the bushes was never issued. WHEREAS, the access to Brighton Common is not completely blocked by the lilacs. The lilacs bushes are about 80 feet long, and the balance of open space is about 36 feet, and; WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. To approve a Land Alteration Permit for Bruce McComb to allow the trimming of lilac bushes located on Brighton Common, abutting 3005 Brighton Blvd., Lots 2, 3, 34, & 35, Block 15, Arden, Dock Site #50640. The bushes may be trimmed to 8 feet in height. Only one occasion permitted for trimming, as directed by staff. MINITFES OF A MEETING OF TH~ MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MAY 13, 1993 Bruce A. NcCo~bt 3005 Briqhton Blvd. t Lots 2, 3, 34 & 35, Block ~rden, Dock 8its ~50640. LAND ALTERATION TO TRIN BUSHES. Parks Director, Jim Fackler, reviewed the applicant's request for permission to trim existing lilac bushes down to 8 feet in height. The lilac bushes have been on the commons for some time and they partially block access up and down the length of the commons. It is the position of the Parks Director, who has considered this situation for some time, that they should be removed up to the applicant's property line eliminating this obstruction and providing clear access at this point. It is the opinion of the applicant that the lilacs provide a hedge and added privacy to their property, and they do not want them removed. Staff recommended removal of the lilacs up to the full width of the commons to improve the full width accessibility of this area. Removal, grading and installation of seed and mulch can be accomplished within the existing Parks Department Budget. Note: Future recommendations will include removal of any type of obstructions to access the commons. The applicant, Bruce McComb addressed the Commission and vented his anger towards the Parks Director relating to his recommendation. The applicant reiterated reasons the bushes should be allowed to remain, as follows: Lilacs have been there for 15 to 20 years. The lilacs do not make the property look private, what makes the property appear private is the fact it is mowed. He water and mows the large portion of Common abutting his property, if bushes are removed, he will no longer mow. Access is not blocked by the lilacs. Mr. McComb distributed photographs which shows four people with arms stretched, and there is room for four more, between the end of the bushes and the water. There is 36 feet or more between the end of the bushes and the water. The Parks Director emphasized the need to set a precedent for removing obstructions on the commons and questioned the difference between a fence and bushes, as far as obstructions are concerned. Kirshbaum reviewed the difference between a plant or hedge and a fence structure. He believes 36' in 120' is plenty of access. The bushes i be allowed to remain as long as maintained and not--ir. OTION made by Kirshbaum, seconded by Byrnes to recommend the ermit be granted to alloy trimming of the lilacs as/ equeeted. referred to the flow chart which states "Will the reque~ enhance and encourage the use of the public lands by the general public as defined by the Use Plan?" He questioned if this could be interpreted to mean that the "lilacs could enhance the public lands, but does not encourage the use." ~MOTION carried 6 to 1. Those in favor were: Andersen,~ ' ~ Asleson, Byrnes, Kirshbaum, Skoglund, and Ahrens. Casey J ~bstained. / Casey noted that his reason for abstention is because he did n0~ have the opportunity to personally view the site, and it may be his Opinion that the lilacs should not be trimmed, but allow to remain. This request is scheduled to be heard by the City Council on May 25, 1993. CITY of MOUND ..STAFF REPORT DATE: TO: FROM: ABUTTING ADDRESS: APPLICANT: COMMONS: DOCK SITE: CLASS: SUBJECT: May 13, 1993 Park & Open Space Commission Meeting Park and Open Space Commission and Ap~lic~apt/ J~n Sutherland, Building Official~'~' ~ Jam Fackler, Parks Director ~ v 3005 Brighton Blvd. Lots 2, 3, 34, & 35, Block 15, Arden, PID ~24-117-24 43 0094 Bruce A. McComb Brighton Common: - · and do hereby donate and dedicate to the public use forever, ~e streets, avenues, and alleys as shown on said plat." 250640 D Land Alteration Permit Application to Allow Trimming of Bushes ADDlicant' S Request The applicant is seeking requesting permission to trim existing lilac bushes down to 8 feet in height. Background and Comments The lilac bushes have been on the commons for some time and they partially block access up and down the length of the commons. It is the position of the Parks Director, who has considered this situation for some time, that they should be removed up to the applicant's property line eliminating this obstruction and providing clear access at this point. It is the opinion of the applicant that the lilacs provide a hedge and added privacy to their property, and the do not want them removed. Qther Issues Recoqnized by Staff None. printed on recycled paper Staff Report McComb May 13, 1993 Page 2 Recommendation Staff recommendation is to remove the lilacs up to the full width of the commons to improve the full width accessibility of this area. Removal, grading and installation of seed and mulch can be accomplished in the existing Parks Department Budget. Note: Future recommendations will include removal of any type of obstructions to access the commons. This request is scheduled to be heard by the city Council on May 25, 1993. The abutting property owners have been notified. Revised 2/18/92 (Public.Ap) CITY Distribution: Building Official Watershed DNR Application for PUBLIC LANDS PERMIT OF MOUND, 5341 Maywood Road, Mound, Phone: 472-0600, Fax: 472-0620 LMCD MN 55364 Date Received ~-~--9~ Park Meeting Date City Council Date TYPE ! OF APPLICATION (check one): CONSTRUCTION ON PUBLIC LAND PERMIT - new construction or improvement, NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOATHOUSES OR OTHER BUILDINGS ON PUBLIC LAND. I I PUBLIC LAND MAINTENANCE PERMIT existing structure - to maintain or repair an ' ' LAND ALTERATION _ change in shoreline, drainage, slope, trees, fill, etc. ..... ..... ...... / ..... D SS B R E T -~,x 53~ O~ER'SN~E '~~ A.~z~ OWNER, S DaY PHONE ~ 537~30 LEGAL DESCRIPTION OF ABUTTING PROPERTY: LOT(S) NAME OF PUBLIC~, D DOCK SITE BLOCK J~" SHORELAND CLASSIFICATION APPLICANT,S NAME & ADDRESS (if different) ~/~k CONTRACTOR PERFORMING WORK ~ CONTRACTOR, S ADDRESS CONTRACTOR, S LICENSE # PHONE # VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS): DESCRIBE REQUEST & PURPOSE: -['[7 j ~ ~4 C/~ c_ ~U~I4 Cf_q ~¢ ~ ~4 -['o 0 '~f Applicant Dated *******~*~*~* ******************************* ION r Den d DATE CITY COUNCIL Approved Denied DATE /7 7 LAKE MINNETONKA BRIGHTON COMMON ./5 0 tJZ - - ~ ~ ,'~ ! D TLiXEDO'~.,: ~ OF A 1V[EE~G OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MAY 13, 1993 TA~ FORFEITED PROPERTIES MOTION made by Skoglund, seconded by Casey to recommend to the City Council that a decision on the tax forfeited parcels be put on hold until the Nature Conservation Area plan is approved by the City Council. Motion carried unanimously. Casey suggested that the Park and Open Space Commission tour these properties as a group so they can discuss their potential MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION APRH. 12, 1993 TAX FORFEIT PROPERTY City Clerk, Fran Clark, submitted in the Planning Commission Packet a recommendation for tax forfeited properties, as follows: 1. PID #13-117-24 32 0062: Recommended releasing for public auction noting the poor soils. 2. PID $13-117-24 12 0012: Recommended release for public auction. Se PID $23-117-24 42 0079: Recommended release for sale to adjacent property owners only. PID $23-117-24 42 0086: Recommended releasing for sale to adjacent property owners only. PID $23-117-24 conservation. 32 0029: Recommended retaining for 6. PID $24-117-24 44 0128: Recommended retaining and combining with Lots 1 - 10 and 19, Block 11, Arden. Mueller and Hanus discussed items 3 and 4 and questioned the developability of these parcels if they were combined, there was also a question if the undeveloped Leach Lane is vacated. The Planning Commission expressed no other comments. CITY of MOUND 53-'~ MAYWOOD RZ:D MOUND !.'t~NNESOTA 552-~-' !65- ,6~2,472 Ob0,~ tAX ,6!2; 472-062_~ April 5, 1993 TO: FROM .' RE: Planning Commission Park & Open Space Commission Fran Clark, City Clerk Tax Forfeit Property The following are parcels that are tax forfeit. The recommendations for your consideration are from this office and other departments in the city. Your recommendations will be taken to the City Council for their final review and disposition. 13-117-24 32 0062 - Lots 23, Lakeside Division. 24, 25, 38, 39 & 40, Block 3, Park, A.L. Crockers 1st ZONING: R-2 - (Minimum lot area 6,000 square feet, Single Family Detached). SQUARE FOOTAGE: 24,000 square feet. MARKET VALUE: $12,000 ASSESSMENTS: NONE RECOMMENDATION: We first released 'this lot for public auction in 1989. It was purchased in 1990 but that contract has been cancelled. This parcel has bad soil problems (peat bog). That was noted on the property so anyone purchasing it would be aware. The recommendation is to release this lot for public auction, noting the poor soils as was done before. printed on recycled paper 13-117-24 12 0012 - Lots 1 & 2, Block 2, Dreamwood. ZONING: R-2 - (Minimum lot area 6,000 square feet, Single Family Detached). SQUARE FOOTAGE: 6,400 Square Feet MARKET VALUE: $7,000 ASSESSMENTS: NONE RECO~I(ENDATION: This is a buildable parcel and it is recommended to be released for public auction. 23-117-24 42 0079 - That part of Block 7 lying S of a line par with S line of said Blk from a Pt in E line thof 96 ft N from SE corner thof incl adj 1/2 of st vac, "Minnesota Baptist Summer Assembly". ZONING: R-2 - (Minimum lot area 6,000 square feet, Single Family Detached). SQUARE FOOTAGE: 4,830 Square Feet ~ARKET VALUE: $1,000 ASSESSMENTS: NONE RECOMMENDATION: Recommend releasing for sale to adjacent property owners only. This parcel and the next one are contiguous because the platted street that originally separated them has been vacated. Neither parcel has frontage on an improved City street· 23-117-24 42 0086 - Lot 5 and that part of Lot 11 lying Wly of the Ely line of Lot 5 extended incl adj 1/2 of st vac., "Minnesota Baptist Summer Assembly". ZONING: R-2 - (Minimum lot area 6,000 square feet, Single Family Detached). SQUARE FOOTAGE: 10,250 Square Feet MARKET VALUE: $10,000 ASSESSMENTS: NONE RECOMMENDATION: Recommend releasing for sale to adjacent property owners only. This parcel and the last one are contiguous because the platted street that originally separated them has been vacated· Neither parcel has frontage on an improved City street· /773 5. 23-117-24 32 0029 - Lot 11, Block 2, Westwood. ZONING: R-1 - (10,000 square feet, Single Family) SQUARE FOOTAGE: 12,200 Square Feet 14ARKET VALUE: $100 ASSESSMENTS: $5,024.72 street assessment RECOM2~ENDATION: Recommend retaining this lot for conservation. This lot was used as a dump at one time and is full of cans and bottles which came from the Island Park Municipal Liquor Lounge. All this debris would have to be removed in order to make the site buildable. 24-117-24 44 0128 - Lot 11, Block 11, Arden. ZONING: R1-A - (6,000 square feet, Single Family) SQUARE FOOTAGE: 7,200 Square Feet 14ARKET VALUE: $100 ASSESSMENTS: NONE RECOMI4ENDATION: Recommend retaining this lot and combining it with Lots 1 through 10 and Lot 19, Block 11, Arden. This lot is on a very steep side hill that drops off from Tuxedo Blvd. to a wetlands. The City Engineer would not consider it buildable because of the terrain. ¥1 ¥1 ¥1 JR e-277 , ¥'1 CITY of MOUND MOUND, MINNESOTA ~612) 472-06¢~. FAX (6~2i May 5, 1993 Mr. Dayton Williamson 2207 Woodbridge Way Woodbury, MN 55125 Dear Mr. Williamson: I am in receipt of your letter dated April 28, 1993 requesting that you be given an opportunity to appear at a city Council meeting to request an adjustment in the fourth quarter billing of your water and sewer usage. I have reviewed your letter with City Staff and they have brought me up to date as to what the situation was regarding your account. Enclosed is a printout prepared by Gino Businaro, Finance Director which specifies the 1992 and early 1993 billings for your account. What you are apparently disputing is the fourth quarter billing which indicated that you used 17,000 gallons between November 18, 1992 and January 8, 1993, a total of 51 days. A new meter was installed during this quarter, which I find hard to believe would be inaccurate. We were also told by the present owner of the property that the water softener had been leaking which could contribute to the higher usage of that fourth quarter billing. Based upon the information presented to me, I do not see any rationale to give you an adjustment on the fourth quarter billing. The policy of the City with regard to utility bills is that the outstanding billings remain with the property and unless you pay the $95.40 to the City of Mound, the new owner will be responsible for that amount. Mr. Dayton Williamson May 5, 1993 Page 2 I would suggest that you make payment to the City as soon as possible. If you wish to appeal my decision to the City Council, you are welcome to do so. I would ask that you advise me by Friday morning, May 7, 1993 whether or not you wish to be placed on the agenda for the upcoming meeting of Tuesday, May 11, 1993. Normally our meetings begin at 7:30 PM, but due to the fact that the annual Board of Review begins at 7 PM, the regular meeting will probably not begin until at least $ PM. If you have any questions please contact me. , ~S~ncerely, ~ '~E~dwa '~d~j .~S h uk 1 e, jr. City Manager cc: Gino Businaro, Finance Director Greg Skinner, Utilities Superintendent ES: ls enclosure I'1 1 Dayton Williamson 11 - 2080- 031 Water/Sewer Billing Reading Number of Actual Date Days Reading 02- 25- 92 92 1850 06- 02- 92 97 1878 08- 28- 92 89 1891 + 1 11-18-92 82 19 01 - 08- 93 51 36 Usage 21 28 14 18 17 (t) Billing Date 03-1 5-92 06-1 5-92 09-15-92 12-15-92 01 -12-93 Water 24.30 31.30 17.30 17.55 05/04/93 Williamson Sewer 47.25 47.29 28.00 42.00 40.25 Total 71.55 78.59 45.30 63.30 57.80 Reading Date Usage 03- 01 - 90 25 05-24-90 29 08-29-90 25 11-29-90 21 02-28-91 1 8 05-29-91 21 08- 30- 91 26 11-25-91 21 02- 25- 92 21 06- 02- 92 28 08- 28- 92 14 11-18-92 18 01-08-93 17 (**) (~) Water softener problem indicated by present owner. (**) The meter was out for part of the quarter to clear the line. MAY ouT- T-b~ z,'? I ,¥ T-o ~z~,l ~r&x/vG- ou 7'~ {'7 T~ l-J To Z ,~o,, Z cl J-Jpjp . p~=,e / o cd' V- 7'~s / ~-d ~ zJ ~/~//¢N~S<L / S Ay/ : 7-~ /¢~/¢/¢/~= /~¢'7 11-2 080 03-1 City 'of ~ound ~34~ May wood Road ~ound, ~.~ 55364 City Phone ~ 472-1155 PRES, ROG. DAYS BILLING SERVICE PREV. ROG. U~AGE CHARGES iAic4, 1~5¢03/15 12/151 162S 21 ! t I I ~'ILL[ ~.~O'J I PAY THIS AMOUNT AFTER 04/: 7.4~ IS ADDED ON DEL I~; SEJER RATE INCREASED 1-1-9 RETAIN FOR YOUR RECORDS 11-2030 03-! City of Mound ~,3:.L i-'az(,oo,J Road ound. ~,~ 5536~ City Phone -'. 472-1155 PRES. ROG. DAYS BILLING SERVICE PREV. RDG. USAGE CHARGES ,.~T.--~, ~37~06/I5 03/1~ I I I 'jc/ PAY THiS A."~OUNT AFTER 07/] S.16 IS ADDED 0,1 DELI' City of Mound 5341 Maywood Rd. Mound,l~i 55364 11 2080 031 SERVICE Credit water sewer Recycle state f~ ROG. DAYS PRES'RDG. PREV. USAGE 141 9/15 BILL DATE J 9/15/92 BILLING CHARGES - 7',00 i/15 17 30 28 O0 3 00 1 3O 4:! 60 Due 10/15/92 RETAIN FOR YOUR RECORDS 11-2080 03-1 i t f Mound o Ma wood Road Mound ~N 55364 City Phone # 472-0600 PRES. ROG. DAYS BILLING SERVICE PREY. RDG. USAGE CHARGES I 1,~ 30 SEWER ~/ ,/:...-, 4200 RECYCLE I'~.~ ~ 300 STATE FEA /~l 'F ,,o,:,: t WILLIAMSON DAYTON J BILL DATE 6 ~ 6 0 I PAY THIS A,~ UNT AFTER 01/1'. 6.76 IS ADDED ON DELIN' NEW STATEFEE FOR SAFE DRIN~ CITY. 0~ ,5341 k.,.~:, ~':: "'" ' MOUND, M~'I I1 2080 031 11 2080 031 SERVICE balance water sewer PRES. RD(~. DAYS PREV. RD(;. USAGE forwar( 36 11/15 19 17 BILL DATE 1/12/93 Final bill for 2012 Villa L~.TyO BILLING BILLING ~R~ CHARGES CHARGES ~::ODI 67.1 6o I ' I 4o 2 ' 4o{2 I ' I I I I I I / I , I / 125J 40 125140 Dayton Williamson 2012 Villa Lane Mound, Mn. 55364 L RETAIN FOR YOUR RECORDS RETURN THIS STUB RESOLUTION NO. 93 - RESOLUTION AUTHORIZING THE I~YOR i~D CITY Ita'~IAGER TO SIGN A JOINT POWERS AGREEMENT TO BECOME A MEMBER OF THE WEST HENNEPIN H~ SERVICES PL~NNING BOi~D WHEREAS, the West Hennepin Human Services Planning Board (WHHSPB) conducts activities that relate to planning, research, coordinating and advocating for the municipalities of western Hennepin County; and WHEREAS, the WHHSPB provides the following services to member municipalities: a method for citizens, providers, and municipal representatives to be involved in Hennepin County human services decision-making leadership in the community for the effective mobilization of community resources to meet human service need staffing assistance to the municipalities in areas of their involvement in human services as they may request it a referral system for citizens with human services needs and/or problems (i.e. elderly, mentally ill, youth, etc) staffing assistance to community groups who want to organize human services planning effort to meet specific needs or problems the capability to do research on human service issues and needs planning staff to participate in regional and county human services planning activities on behalf of the municipalities an avenue to bring county-wide services and programs into our local communities in order to provide better access to our citizens assurance that efforts are being made to coordinate the planning of human services delivery systems and to deter unnecessary duplication of services the ability to make presentations on and provide information about human services needs and delivery systems in the area the means to develop leadership and interest on the part of citizens to be involved in human services a way to communicate the concern of the municipalities regarding human service issues to the providers and involved citizens in the area energy conservation (Project AIR/House Doctor & Home Energy Check-ups) energy assistance emergency food, shelter, clothing fund Mazebusters - a program to aid low income, single parent families to move towards self sufficiency food stamp outreach WHEREAS, the City of Mound was previously a member of the WHHSPB; and WHEREAS, the City of Mound is interested in reactivating its participation on the WHHSPB. NOW, THEREFORE BE IT RESOLVED, that the city Council of the City of Mound, Minnesota, hereby authorizes the Mayor and City Manager to sign the Joint Powers Agreement reactivating the City of Mound's participation on the WHHSPB. BE IT FURTHER RESOLVED, that the City of Mound be a participant on the WHHSPB through the end of 1994 at a fee of $50, and that its participation will be evaluated prior to the end of 1994 to determine whether it will continue to be a member of the WHHSPB. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk RESOLUTION NO. 93- RESOLUTION AUTHORIZING THE I~YOR ~%ND CITY I,~NAGER TO EXECUTE AN &~REEMENT BETWEEN THE L~CD ~ THE CITY OF MOUND REGARDING PUBLIC ACCESS CAR/TRAILER PARKING WHEREAS, the LMCD and the City of Mound are jointly concerned with providing boating access to Lake Minnetonka, meeting the parking standards for Lake Minnetonka; and WHEREAS, the LMCD and the City of Mound recognize the goal of 700 car/trailer parking spaces will be provided in the vicinity of present and future access sites around the lake on as equitable a basis as possible; and WHEREAS, the LMCD and the City of Mound have analyzed the area within 2000 feet of the Mound Bay Park access; and WHEREAS, total number of 47 cars/trailer parking spaces are available within 2000 feet of the Mound Bay Park Access. NOW, THEREFORE, BE IT RESOLVED that the City of Mound, Minnesota, authorizes the Mayor and City Manager to execute a lake access parking agreement which dictates the conditions for car/trailer parking for the Mound Bay Park access identified as exhibit "A" and parking site plan identified as exhibit "B" meeting the parking standards on the attached check list as indicated. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk CITY of MOUND MF-,MORANDUM MAYWOOD ROAD 612, ~72 0683 tAX ~6'2,472 962C DATE: TO: FROM: SUBJECT: April 20, 1993 Ed Shukle, City Manager Jim Fackler, Parks Director LMCD Car/Trailer Parking Sites Count From my meeting with Gene Strommen, LMCD, in reference to car/ trailer parking sites in Mound, he informed me this checklist is for peak use times only. This would mean weekends and holidays only. As you can see from the attached map, the LMCD has noted areas for possible car/trailer parking. Each of these areas have limitations from current no parking areas to parking in a lot that needs an agreement from the owner. By going through the LMCD,s Exhibit A, Checklist for Evaluating Lake Minnetonka Public Access Car/Trailer Parking Agreements, you will see a section numbered 1 - 5 which counts back off-street and on-street car/trailer parking which addresses if the car/trailer parking spaces are signed. The City of Mound, through the formula that LMCD chose, can only qualify 47 car/trailer parking sites at this time. If an agreement with GTE were made for use of its parking lot the total number of car/trailer spaces would be 72. The balance of Exhibit A is an agreement for cooperating with provisions. Each needs to be discussed and initialled if the City agrees with the statement. pJ eprinted on recycled paper /795 City of Mound 4/20/93 LOCATION Commerce Blvd. North of Bartlett, West Side PARKING LIMITS No Parking 7 am - 9 am and 4 pm - 6 pm # OF CAR/ TRA~ RR PARK -ING SPACES 16 Commerce Blvd. North of Bartlett, East Side No Parking 7 am - 9 am and 4 pm - 6 pm 17 GTE Parking Lot Need Agreement, trailers must be off pavement 25 Commerce Blvd., South of Bartlett, West Side No Parking 2 am - 6 am *NO PARKING 7 6 Commerce Blvd., South of Bartlett, East Side No Parking 2 am - 6 am *NO PARKING 8 6 Beachwood Road, North Side residential area 10 Glenwood Road, South Side residential area 5 Holt Lane, East Side residential area 3 Fairfield, South Side residential area 5 Highland Blvd., East Side residential area *Not used for car/trailer parking. A. Total count from LMCD Exhibit 04-12-199~ 1~:44 LAKE MINN£TONKA CONSERVATION D~STRZGT Lake Access Parking Agreement This Agreement is mide between the Lake Mlnnetonka Conmervation District (LMCD) and the ( City of Mound' both public oorporations orginized and existing under the W~TNESB£TH: WHEREAS the LMCD and { City of Mound ) ire Jointly concerned with providing public boating access to Lake Minnetonka, meeting the Parking Standards Sot Lake Mlnnetonka, and WHEREAS the LMCD and { City of Mound ) reuognize that a goa~ oS 700 oar/trailer spa~es ~i~1 be provided tn the v~cintty oS present and ~uture access sites around the lake on as equitable a basis as posaib~e, NOW, THEREFORE, it is agreed by the LMCD and ¢ City of Mound ) that the oonditions ~or car/trai~er perking Sot the public access identi~ied on the ~heck~ls~ identi~ted as Exhibit "A" and Parking Site P£an identi~ted am Exhibit "B" meet Parking Standards on the checkllst as indicated. IN W~TNESS WHEREOF, the LMCD and ( City of Mound ) have caused this agreement to be du~y executed this lstda- oS June ~ 1993. LAKE M~NNETONKA CONSERVATION DZSTRICT~ AGENCY/CITYm~ City of Mound By ,, By CheckList for ~vaLuattng Lake M~nnetonkl PubLio Access CIr/TraL~er Parking. Agreements Mound Bay Park Access City City of Mound Lake Zone No. 3. Car/TraiLer (C/T) Park2ng by Locationt # Of Ipaoeg a. Of~-atreet, on access eite . . , ..... _-O- (On-site designated trailer parking graded or paved b. Otb-street, remote ~rom aooese lite . . . . -0- . c. On-street, Lees then L,~ -0- · Not signed, sauna 75~ o% epaoee C/T parking spaoes available . · · -0- · Nat signed, ~ount 75X 0% spaces available l~ . VehicLe OnLy Parking Spaoes - these count up to # o: standard veh~oLea spioee 9' x Lg' -0-_ # 0% hand,sapped vehicle spaces L2' x ~9' 2 Total # 0% vehicle only spaces . · · ·__.___ to,aL ¢/T parking spaoee ~n Lots ~. TotaL, oar/tra~Ler park&ag spaces at site · . . 47 COOPERATINO PROVZiZONS: scceptedt Access site plan ~Luetrating each C/T space v~th adequate ingress, egress, and maneuvering 2. S~gnage provided at access s~te ~e oLear, aesthet~oaL~y attractive, consolidated £or ~ eae¥ ~d~t~ng , come, %lrst-lerved basis, ~rom ~emori&L Oiy to ~abor Day, $~OG pm Friday unt~ m~dn~ght SUndly, F~fty percent (~X) 0% spaces meeting Parking Standards are available veekdaye, AI'~ on-street parking spaces meet the £oL~ov~ng s%andarda~ a. Minimum Length 0% 50 ~eet per apace b. Adequate shoulder v~dth to preclude door open~ng ~nto %ra~o Lane. IL p.o7 Page 2' Public Ac·ese Car/Trotter Park~ng Agree'men% provSded. On-err·et car/tratler parktng mpa=e· are ~uatrated and kept current on a p~an by err·et name on %~e v~th the. LM. CD. A temporary boat mo·ring %acidity ~. provided at the ramp wit· ~or a number o£ boat· equm[ to' [0~ o~ the C/T parking epa·e· at the mite C/T par~ng ap·cee betvee~ ~,50~ ~eet and 2,000 Agency/c~ty rem·rye· the r&ght to make ~hangee ~n acceem e~te plan o~Z-etreet perk~ng or on-err·et dee~gnated or non-dee~gnated parking good ~a~[h e~ort to rep~aoe ~oet C/T epa·ea. LMCD o~ anticipated =hangee. C~ty re&a£nm approval privilege on any Bari·nm. o~ an agency regu~a%~ng patk~ng a[[o~ancee or re·friction· on county or irate htghvaye a~£ecttng al~. 0/? parktng in the vtotntty o~ mn aec·me e~[e. _- Agenoy/ctty agree· to enter ~nto %h~w agreement %or · per£od o~ ...... yeare (~ve ye·re dealt·d) .~n recognition o~ ~he valuable recrea%~ona[ opportunittea o%~ered on bake ~nnetonka. LANGDON 82500 ..I hi Z Z W .J 0 040 II I I0 STATE~ ROAD Bay Park Boat Landing cO0~,5 \ 60~ :':':-:':.: 607 5 Idlewood Access hland Twin Park // 04-1~-1993 10:4~ · · 4?3 LMCD r_T..~EElJlIIz~]g y D, ' plrection--Location of parking with respect to the ramp. ~--Dlstance of parking with respect to the ramp (along streets). Area--Area available for parking. (Width of the area ts 10' wide unless otherwise noted.) ~P. ilEe~--Number of Car/Trailer Mgs that fit into each 'area.' (Car/Trailer spaces ars 50'X 10'.) Status--The status of the park.lng for each 'Area.' (Public parking, no parking, private property, etc.) Definitions for terrninology used In the 'Status' column bEIz~.L~ --Areas wllere parking Is available'for public use. NB--Area designated no parking. Private-- Areas that are privately owned which can accommodate Car/Trailer parking If an arrangement can be made with property owner. posted--Areas which are posted no parking between 7-9 All end 4-6 PIt,' Ilonday - Friday, but should be available for weekend Car/Trailer parking. D Park--Areas which allow day parking only, no parking 2-6 AH. permit--Road sloe areas where a permit Is neecled to park. Posts--Areas which are restricted by posts. P City-- Privately owned city land that ls off of the road side. 04-12-1993 10:43 pti-ecUon North on 110: GTE. Parking Lot 612 473 7033 LMCD P.02 East side Oyez 1,500' -~ ( West side Oyez 1,500' ( " ' ( !! II ( West on 1 I0: North side. Over 1,500' South Side ( Beacbwood Road: North side. South on I-llgl~wood Eoad Around Park: to right ( Ova= 1,500 ' to left 1,500' ( 345-425 80 50g-SgO 81 635-700. 65 745-876 131 913-1044 '131 1073-1175 102 1221 155x60 1,223-1351 128 i6.42-1783 141 1856-1984 128 134-214 80 259-309 50 504-564 60 714-834 120 874-934 60 965-1040 75 .1080-1220 140 1328-1410 82 1550-1670 120 1710-2000 2g0 $15-4f5 102 446-660 218 1406-1556 150 1755-2000 245 313-507 194 580-687 107 707-790 1450-1570 1618-1720 1750-19§0 750-1250 2 Posted 2 Posted I Posted 2 Posted 2 Posted 2 Posted 25 Prlvate'¢f'~' Posted Posted 2 H Posted I Posted 1. Posted ! Posted 2 Posted I Posted I Posted 2 Posted I Posted ~~ Posted 2 7 Posted .NP 4 N P D Park ~ ~ OPerk ~'~ NP 2. NP 85 I N P 102 ? Park 200 . O Park 500 10 Public 1540-1792 252 1833-2000 167 1080~il45 65 1575-1675 100 1890-1990 100 D Park D Park D Perk D Perk O Park Public Car/Trailer Sgaces. 12 Marked No Parking -- 25 Private 61 With Restrictions 0 Possible Car/Trelle~p~ces 1 o7., · · LMCD Il P. 03 Lake HlnnaConka Cons·rva~ion Dl·tricC PARKINO STANDARD9 LAF~E MINNETON~A PUBLIC ACCE$dE~ The 19~2 Lake Mianetonka Lake Access Task Force ha· adopted the seal of 700 Ions-term reliable spaces for car/trailer perkins in.the vicinity of present and future ·cc·ss sites at Lake Minnetonka. The Task Force further asr·es chat the Lake Minnetonka Conservation District (LHCD) implement these standards £or ldencifyins and counting of car/trailer perkins spaces and monitor prosress toward the 700 seal on · con~inuins basis. The following set of standards has been adopted by the Task Force for application to Lake Mlnnetonke: All spaces must be within 2,000' of a public access point. For car/trailers parked between 1,~00' and 2,000', a temporary boat mooring ~acility a~ the ramp site for a number of boats equal to 10~ of the parking spaces must be provided. All perking locations away from the access site should be provided with a long-term a~reement, three year minimum, with five years more desirable, on ~ile with the I~lCD. ~ithin that time eva~lability, if any designa~ed spaces need to be removed, they must be replaced vith comparable spaces. The location of parking spaces, either off-street or on-street away from the access site, must be identified by clear~ aesthetically attrac~ive, consolida~ed~ capable of being inexpensively updated, si~naSe. All off-street spaces must be illustrated on a plan on file with the I~fCD. The plan shall clearly indicate each car/trailer space and ade- quate ~ngress, egress and maneuvering specs. .Farking space minimum · tandards (in feet), Vehicle only 9 x 19 (HDCP 12 x 19) Car/trailer 10 x lO On-lot de·is·aced trailer perkinS on grass is acceptable if vehicle is parked on ~raded/paved surface. Att spaces must be available on en unrestricted, first-come-first-served basis, 700 reliable spaces viii be available from Memorial Day to Labor Day from 5 pm on Fridays until midnight ~undeys, and on 04-$2-~993 ~0:43 652 473 ?033 LMCD P,04 holidays. Fifty percent of reliable spaces rill be available weekdays. Hours of availability will be determined by LMCD in cooperation with the DNR. Vehicle-only spaces (no trailer) on public access perkins lots can be counted toward the total goal of 700 car/trailer spaces provided that the number of such spaces counted for any given lot does not exceed 10% of the total number of ipaces on that lot. (Zxampla~ Out of ~0 total parking spaces on a loc, seven are for vehicle only. Only ~ive of the seven may be counted toward the ~oal of 700 [i.e.,' 10~ of $0 = ~].) Ail on=street spaces should meet the following additional stendards~ ~.1 6.2 6.3 6.5 Minimum length of 50 feet per space. Adequate shoulder width to preclude door opening into a traffic lane and to provide a safe route to the access point. O~ the total non-designated (non-signed) on-street parking spaces, only 7~% ere considered to be reliable.in order to eccoun~ for non- access related public parking, Designated and signed on-street car/trailer parking spaces viii be counted 100~ for car/trailer use. On-street car/trailer parking spaces must be illustrated on a plan by s~reet name on file wi~h the LMCD. 12/92 RESOLUTION NO. 93- May 25, 1993 RESOLUTION APPROVING A ONE DAY OFF-SITE LAWFUL GAMBLING PERMIT ~PPLICATION FOR /~MERICAN LEGION POST #398 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, approves a One Day Off-Site Lawful Gambling permit application for American Legion Post #398 on June 20, 1993, at Mound Bay Park, 5801 Bartlett Blvd., Mound, MN. 55364. 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 Clerk May 25, 1993 RESOLUTION NO. 93- RESOLUTION APPROVING A ONE DAY OFF-SITE LAWFUL GA~BLING PER~IT APPLICATION FOR THE NORTHWEST TONKA LIONS BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, approves a One Day Off-Site Lawful Gambling permit application for the Northwest Tonka Lions on June 19, 1993, at Harold J. Pond Sports Center, 2121 Commerce Blvd., Mound, MN. 55364. 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 Clerk CITY \IOUND FAX ,6~2,472 March 12, 1993 TO: FROM: RE: JON SUTHERLAND, BUILDINO OFFICIAL ED .HUKLE, CITY MANAOER~?° RENTAL HOUSINO ORDINANCE TASK FORCE RECOMMENDATION At the City Council meeting of Tuesday, March 9, 1993, a question was raised by the City Council as to the status of the Rental Housing Ordinance Task Force recommendation. I explained to the Council that the task force was reviewing the proposed rental housing ordinance in detail and to my knowledge, were not close to making a recommendation on it. At that point, the City Council directed that the recommendation of the task force be placed on the May 25, 1993 City Council agenda for discussion. Please relay this information on to the task force so that they are aware that there is a deadline date to be completed with their review. ES:is ~ printedonrecycledpaper /~7 news As Mound housing ag( , government beefs up maintenance ordinances · / Wlamd Woods/Staff Writee Mound, ~ ~ ~ ~ ~ .~e~ ~r~~~~. a~ r~e~ a~ ~ ~f~ ~ve ~ ~ ~ r~ ~ .to~vn. 's eging housing and haaring com. piainta from renters about aaeged defects, ana an ma,nance requiring home-exterior more government regulates, I~e mom fl- who co~d face highae co,ts or a ~x~tege of housing, ovmera said. Vehement Ixotasta from mntal-prooerty enact the.plan. Now part of the ~ has Rental-code ordinances usualy mquire .c~na~ng lees. Tm~.<~f-sale housing- inspeclk:~ Ixogram$ -- l~ing disclosures or mandatoo/code-compliance laws -- require inspections before a ho~se is sold. The disclosureS just ~ buyers what the defects are. But cod~a~ laws require sellers to fix up the property before it is sold. ~ state bulk:ling regulatJcx~ and are year shows 13 of 25 metro cities su~- ~eyed have re.~ ,k=,..~g coo.. Cr~r ? it.).Anoka's survey refx~t says 14 cities nave nome-maintenance codes. St. Paul and H .o~.. ins have truth-imhoosing disclo- sur.es. M~nnaapoiis has a rental licensing ordinance, a d~sclosure and a home-exteri- or maintenance ordinance. Mou.n~. '$ plan was loosely based o~ Minna- Spoils' ordinances, said Jo~ Sutherisnd, Mound's o~ly building inspector. Get a Great Discount/ ~On Your Ad in the Saturday Homes Section When You Run It In the Thursday Picture Classifieds. vxOf .M~.$ Ippmximataly 800 r~. ~S~ ~e~ es. ~ ~ ~ ~xes e~l~. ~ "~ m ~ en~ ~ ~t ~.,.~t. ~ we ~ve In~ ~v~~'s ~ r~l ~ ~ ~ ~ t- rental ~i~ ~n ~ ~ ~s ~r~r ~ ~x~. ~ r~l dl~s~ ~ "a gr~t ~ ~." M~'s ~1~ ~ ~e ~ resu~ mai~e~, ~ ~ ~r~ ~rs of ~e ~, ~y ~ ~ d~ rental ~si~ ~'t "If ~y had ~ s~ nave a ~. B~ U~a~ s~. ~ ~ f~,~ ~~ 10 ma~ ~ r~ ~ ~ r~ ~a,na~. ~ ~ ~e ~ ~ n "~re ~ a ~ ~ ~ ~ ~t CITY of XlOUND Memorandum .534' MAY'WOO~ ~ - AD DATE: May 20, 1993 TO: FROM- Honorable Mayor and City Council Jon Sutherland, Building Official Rental Task Force* SUBJECT: RENTAL TASK FORCE REVIEW OF PROPOSED RENTAL REGULATIONS The City Council formed the Rental Task Force after hearing citizen's concerns during public hearings for the proposed rental ordinance. The directive of the Rental Task Force was to review, comment, and report back to the City Council regarding its concerns. The Task Force now has completed its review, and their proposals are incorporated into the attached proposed ordinance. If the City Council is to adopt the proposed rental ordinance, it is the recommendation of the Task Force that the City Council approve the amendments as displayed on the attached draft printed 5-18-93. JS:pj *RENTAL TASK FORCE MEMBERS Geoff Michael, Planning Commission Liaison JodyJohnson Sue Anderson Lewis Anderson Julie Lilledahl Mark Lilledahl Diane Maloney Dean Hanson Bill Netka Dorothy Netka Jim Bedell Tom Scherber Pat Scherber printed on recycled paper MINUTES OF A MEETING of the RENTAL TASK FORCE City of Mound May 17, 1993 Persons in attendance were: Building Official Jon Sutherland, Planning Commission Representative Geoff Michael, Lewis Anderson, Sue Anderson, Dorothy Netka, Julie Lilledahl, Jim Bedell, Dean Hanson, Geoff Michael, and Jody Johnson. The Minutes of May 10, 1993 were approved. The Building Official distributed copies of the State of Minnesota Department of Energy Factsheet that is a synopsis of the State rules applicable to rental properties. The factsheet was discussed and compared with the proposed rental ordinance. Each item in Mound's proposed ordinance is covered by the existing State rules with one exception, the State rules require more insulation in the ceiling, R-35, and R-19 is proposed in the rental regulations. It is the opinion of the Building Official that the more restrictive State rules would apply. The unanimous recommendation of the task force is to reference the State rules and delete all but the first sentence in Section 319:50. Section 319:75 - Unfit for Human Habitation, Subd. 1, at the end of the first sentence add: "according to State Statutes 463.15 through 463.251." The balance of the Section, up to and including 319:90, Subd. 5., should be deleted. This completes the review of the proposed ordinance by the Rental Task Force. The recommendation is to be presented to the City Council at the May 25, 1993 meeting by the Building Official. A representative of the task force is also going to make a recommendation or comment that is in addition to what the Council has directed the task force to do. The Building Official referenced a recent letter to the editor of "The Laker" and requested that any future letters not include mention of the task force as it is inappropriate. P.10 Minnesota Department of Energy and E0onornlo Development May 1988 Factsheet: nergy Efficiency Standards nformation for Landlords property will be more attractive to mOre comfortable. DeED offs .... 1.1a.w.tll be lower and their units .o.n the_road to those bens .... _l_ntor.ma.tion packet to Itlrt you cinanclal savinas . fits __e?er.gy efficient rents property and . · E.,erg¥ is money1 1 Recognizing the need to increase the energy efficiency in renta housing, the ~lnne$ota I~eglslature two Standa~da - tau k _ istinq r=utel hous July 1, 1983, As ~ --, ..... 1 standards ~e~ ~-~ ..... y on one -~=-= ..... ~t ~]~Y l, lS85, the law ..... ,:~_---~ ~}=ec= on ._= ~!c~na!_scanaara, and three ,.~. --~eu compliance with -,,u n~ ~olei chap. 4170,0100-4~,n . ~wners are ~ca~aar~s. ~e Depalt~en~';~ ~-~!~n ~ow to i~plement the~e --~rgy and ~conomlc Development has ~echnically quall~leg sta~E to eta~f will also be makln~ ran~- ,__t y~ In th{a eEEort. D rrm complaints to ensure ~ul~ co-~T-~Pspe~}°nS ama reepon~in epa eat . rot 2ou as the owner -~ T~!ianca-~ the law, g to tenant ~eneffits of compl~in~ ~ean monev'in va,~ .~.~_." '~ la~ ~co ~. S~vt-~- i. ;.._}Y' the tenants, ~e;au~;'[h[i:'[~:..?ur .... ,- -- ,uez coots can · u~zz~y bi WBER~ TNE STANDARDS APPLY · Stand·role apply ONLY to unite normally occupied between November and April. Standards clo NOT apply to hotels, hospitals, motels, dormitories, sanitariums nu correctional institutions. , rsing homes, schools or · Standards apply to ~ part of the structure that can be merle more energy efficient with the Instal atton of required conservation measures that are economic·ill~ feasible. · Installation costs may Include the costs of restorin th structure to its condition lmme~. .......... g e costs of installin= a va-o- ,___~,~_~e?y. prior to ~l~e Installs temporarF housln~ lo --[-l--~a[rl.er l.~ necessary, and the c^t~l.°mI. 1. Weather'strip windows and doors, except storm w/ngows a door~. ~_R.e..q.uired t.n all rental building, nd _..__..~.uis _exterior cracks, toint, .~'i'_ ....... v~nezwlee seal interior ~o/nts'~_...i__'".~ ~ap. sf .uR caulK, gasket, IL°.".n-?-_win-e-°w 'Cci cioor f},m,,, !?.u.naa'!°n a,o ri, oi,t, or ~. Install storm or double-glaze8 windows. IFil P.11 rental buildings. 4. Install storm or insulated doors on all exterior door openings unless a single 8oor, enclosed porch~ or vestibule provides · double door effect of at least R-2. Required in all rental buildings with one to four un~ts, 5. Install positive shut-offs for all fireplaces or woodstoves. unless existing damper provides positive shut-off. Required in rental buildings with one to four units. 6. Install insulation to R-3B in all ceilings or attics between conditioned and unconditioned (not heated or cooled) spaces, or insulate to fill tbs available space and provide for appropriate ventilation. Required in all rental buildings, except for 'buildings with five or more units opting for performance standard (see standards 10 and 11). 7. Install £nsulation to R-19 in all rim ~oist areas unless the R-value of the existing insulation is R-Il or more, or insulate to fill tbs available space. ReGuired in all rental buildings, except for buildings with five or more units opting for performance standard (aaa standards ~0 and Il). ~. Install insulation to R-11 in or on all walls and floors that enclose conditioned spaces, or insulate to fill the available space. walls include foundation walls of basements, cellars or crawl spaces. Insulation installed on the exterior of tbs foundation wall must extend down to two feet below grade level. Insulation installed on the interior or on the foundation wall must be installed from the bottom of the rim ~oiet to the foundation slab or floor. Required in all rental bulldings~ except for buildings with five or more units opting for performance standard (see standards 10 and 11). 9. Modify the ex,sting heating system so that it operates at a minimum steady-state efficiency of ?$ percent as demonstrated by a flus gas analysis. Required in all rental buildings with one to four units. 10. Install energy conservation measures that have bad, or are predicted to have, a cumulative energy consumption savings of 25 percent. ~hese energy conservation measures must be designated in an energy audit conducted by a registered professional engineer or architect or other person determined qualified by tbs Department. · he annual energy consumption savings o~ 25 percent must be based on verified energy consumption for any heating season ~rom 1973-1974 to the present. ?he energy audit must indicate whether the building complies ~ith standards 1,2 and ). If the building is not in compliance with those standards, the predicted energy consumption savings resulting from the installation of those standards may be included in the 25 percent cumulative energy consumption savings. ·his performance option is available in buildings with 12 or more rental units, Il. Install energy conservation measures that have bad, or are predicted to bav~, a cumulative energy consumption savings of 30 percent. These energy conservation measures must be designated in an energy audit conducted by a registered professional engineer or architect or other person determined qualified by the department. ~he annua! energy consumption savings o~ 30 percent must be based on verified e~ergy consumption for any beating season ~rom 1~73-1974 to tbs present. The energy audit must indicate ~bether the building complies with standards 1~ 2 and 3. Xf the building is not in compliance with those standards, the predicted energy consumption savings resulting from the installation of those standards may be included in the 30 percent cumulative energy consumption savings. ·bis performance option is available in buildings with 5 to 11 rents! units. IL P.12 GOOD CAUSE~ ~;XCI:I~ION$ In some situations conclitlons exl£t that could prevent you, a~ a rental property owner, ~rom imFiementing the minimum energy e~lclency standards. Statelaw~all'°~s ~or exemptions from individual ~tan~arcle if good cause can be demonstrated. Definition o~ good cauee ~a when any: · standard, aa applied tn a Particular building, viii produce a :fret year enervy savings o~ ~ESS than ten ~ercent of installation cost. · standard ~ould threaten the structural integrity of the building and ia therefore technoiogtcally infeasible. · standard would violate a building,s esthetic or historic value. FIN~ SCHEDULE If you are ~o~ able to gemons~rate ~oo~ cause for noncompliance with the ~lnt~o~ stinfltr~s, you ~re subject to fines according ~o the following schedule: · For a 1-~ unl~ bullglng, an lm~egiate fine o~ ~100 plus each ~onth, beginning 120 5aye after the finding of failure to show goog cause, until ~he owner ~emonstrates to ~be agministrative law Jugge that be or she bas complied with the Standargs. e For a builgin9 with 5 or more units, an immediate fine of per unit or Sl00, whichever Is 9rearer, to a ~aximum of SS00. The maximum fine of SS00 ts also the maximom fo~ ~ resi~enti~l complex situate~ on one or more contiguous p~rcels of land unfler co~on ownership. In aSgi~ion, a fine each month of two tl~es the assesseg (I.e., ~20 per unit or St00, whichever is 9reate~, to maximum of Sl,000) beginning 180 ~ays after the finding of failure to show qoo~ cause, ~ntil the owner ge~onstrates that he or she has complle~ with the BOW TO GZT AN e-NERG~ AUDIT AND gORE INFORRATION A~ ene[gy audit can answer your questions efficiency measures suitable for ............ abo~t e~cif~c ener of the first year eavi--- ~ .... z~ ~uzialn9 and provide es~=~[- measures. Th~ aud~tor"~:..~:~ measure or combination of ....... "' · -Z a~e~ De aole to h - reviewing bids from quali[ie~ contr-~- ..... el~ you_in obtaining an~ ---~-- ar installers, l~ your rental Property consists o[ four or less units, an aufllt coul~ cost as little as Sl0. Contact the local o:flce of your participating utility for more information. Properly trained PrOfeSsional engineers, architects, an~ licensed energy auditors are qualified to perform energy audits on bullaings. larger DYED maintains a lis: o~ department-certified energy auditors which can be obtainefl by calling or ~rlting the Energy Zn[ormation Center. For more getaile~ Information on ho~ to carry out energy eff~ic~ency measures needed :o compl with these standards, call or ~t~e.the Energy Information C,,,..Y. nd ask Eot ~he publications z zsced on the back. - ....." If you need further information about obtaining an energy audit, arranging for rental rehabtIttat~on financing, ot have questions about the Renta~ Housing Energy Efficiency Standards, pIeaae call or vt~te the Energy Information Center~ ~tnnesota Department o~ Energy an~ Economic Oeveiopment, 900 American Center Bu~Id~ng~ ~50 East Kellogg Bouleva[~, St. ~aul, Minnesota 55~0] 296-S~75 ot toil free 800-652-9747. , ORDINANCE NO. AN ORDINANCE ADDING SECTION 319 TO THE CITY CODE RELATING TO HOUSING MAINTENANCE REGULATIONS FOR RENTAL HOUSING The City of Mound Does Ordain: Section 319 is hereby added to the City Code and shall read as follows: Section 319 - Housing Maintenance Requlations for Rental Properties Section 319:00. Purpose. The purpose of this ordinance is to protect the public health, safety and the general welfare of the people of the City. These general objectives include, among others, the following: Subd. 1. To protect the character residential areas within the City. and stability of Subd. 2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health. Subd. 3. To provide minimum standards for cooking, heating and sanitary equipment and for light and ventilation necessary to protect the health and safety or occupants or buildings. Sub4. 4. To prevent the overcrowding of dwellings. Subd. 5. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight. Sub4. 6. To preserve the value of land throughout the City. and buildings With respect to disputes between tenants and landlord, and except as otherwise specifically provided by the terms of this ordinance, it is not the intention of the City Council to intrude upon the accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this ordinance it is not the intention of the City Council to interfere or permit interference with legal rights to personal property. (Draft Printed 5/18/93) ?roposed Ordinance - Section 319 Section 319:05. ApPlicability of Ordinanc.. This ordinance establishes minimum standards for maintaining rental dwelling units, accessory structures and related premises. This ordinance is intended to provide standards for rental housing and to provide standards to protect the character and stability of residential areas in the City. These regulations shall apply to rental housing as defined ~-~ liccnscd by ~- ~A~ .... S~t .... 49~ cf the City ~ Code. Section 319:10. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance. Subd. 1. Accessory Use or Structures. A nonresidential use or structure subordinate to, and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 2. Ar_A_A_A~. As to materials and types of construction, refers to approved by the Compliance Official as the result of investigation and tests conducted by him/her, or by reason of accepted principals or tests by recognized authorities, technical or scientific organizations. Subd. 3. ~. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Subd. 4. Compliance Official. The City Manager and his/her designated agents authorized to administer and enforce this ordinance. Subd. $. ~. A building or one or more portions thereof occupied or intended to be occupied for residential purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers tents cabins or trailer coaches. ' ' Subd. 6. Dwelling, One-Family. A building designed exclusively for and occupied exclusively by one (1) family. Subd. 7. Dwellin~, TWo-Family. A building designed exclusively for or occupied by no more than two (2) families living independently of each other. Subd. 8. Dwellinq, TWo-Family Twln Hom,. A building designed exclusively for or occupied exclusively by no more than two (2) families living independently of each other with each unit located on a separate, single parcel of record, with the party wall separating the units acting as a dividing lot line. (Draft Printed 5/18/93) 2 Proposed Ordinance - Section 319 Subd. 9. Dwellinq Unit. A single family dwelling or unit designed to accommodate one family. Subd. 10. Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking and kitchen facilities. Subd. 11. Flush Water Closet. A toilet with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. Subd. 12. Garbage. As defined and regulated by Section 490 of the City Code. Subd. 13. Habitable Building. Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Subd. 14. Habitable Space (Room). Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. Subd. 15. Heated Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, or such temperature required by government authority, measured at faucet outlet. Subd. 16. Kitchen. A space which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. Subd. 17. Maintenance. safe working condition constructed. Upkeep of property and equipment in a for which it was installed and/or Subd. 18. Multiple Family Dwellings. A dwelling or portion thereof containing three or more dwelling units. A building designed exclusively for or occupied exclusively by three (3) or more families living independently of each other, but sharing hallways, main entrances and exits. Subd. 19. Occupant. Any person (including owner or operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 20. Operate. As used in this ordinance, the term "operate" means to charge a rental fee for the use of a unit in a rental dwelling. (Draft Printed 5/18/93) 1 19, Proposed Ordinance - Section 319 Subd. 21. 0 er~. The owner or the owner's agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. ~d. 22...Owner. Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. Subd. 23. permissible Occupancy. The maximum number of persons permitted to reside in a dwelling unit or rooming unit. Subd. 24. person. An individual, firm, partnership, association, corporation, company or joint venture or organization of any kind. Subd. 25. ~. All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. Subd. 26. Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent right-of-way either occupied or unoccupied by any dwelling or non-dwelling structure, including such building or accessory structures. Subd. 27. public Hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Subd. 28. Refusg. As defined and regulated by Section 490 of the City Code. Subd. 29. Rental Dwellin~. As used in this ordinance the term "rental dwelling', shall ~ean any dwelling rented or leased to a person or persons other than the owner with one or more dwelling units. "Rental dwelling,, does not include hotels, motels, hospitals and homes for aged. (Draft Printed 5/18/93) 4 Proposed Ordinance - Section 319 Subd. 30. Repair. The reconstruction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. Subd. 31. Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. Subd. 32. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 33. Rubbish. As defined and regulated in Section 490 of the City Code. Subd. 34. Safety. The condition of being unreasonably free from danger and hazards which may cause accidents or disease. Subd. 35. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under- floor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story. Subd. 36. Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than 8 feet below grade, as defined herein, at any point. Subd. 37. Substandard Dwelling. Any dwelling which does not conform to the minimum standards established by city ordinance. Subd. 38. Supplied. under the control dwelling. Paid for, furnished by, provided by or of the owner, operator, or agent of a Subd. 39. Meaning of Certain Words. Whenever the words "dwelling", "dwelling unit", "premises", or "structure" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof". (Draft Printed 5/18/93) 5 Proposed Ordinance - Section 319 Section 319:15. Responsibilities of Owners and Occupant.. No owner or other person shall let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are fit for human occupancy and comply with all applicable legal requirements of the State of Minnesota and the City of Mound, and as set forth specifically in the following sections. Subd. 1. Maintenance of Shared or Public Area~. Every owner of a dwelling containing two or more dwelling units shall maintain or shall provide for maintenance of the units shared or public areas of the dwelling and premises thereof. Subd. 2. Maintenance of Occupied Area,. Every occupant of a dwelling, dwelling unit or rooming unit shall maintain that part of the dwelling, dwelling unit and premises thereof that he or she occupies and controls. Subd. 3. Storaae and Disposal of Rubbish. Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all his or her rubbish and garbage and any other organic waste which might provide food for insects and/or rodents in a manner as prescribed by Section 490 of the City Code. Subd. 4. ~esponsibility for Storaqe and Disposal of Garbaq. ~nd RUbbish. Every owner of a dwelling, two family, two family town homes or a multiple family dwelling shall supply facilities for the storage and/or disposal of rubbish and garbage. In the case of single or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by Section 490 of the City Code. SUbd. 5. Responsibility for Storm and Screen Doors and ~indows. The owner of a rental dwelling unit shall be responsible for providing, maintaining and hanging all screens and storm doors and storm windows whenever the same are required under the provisions or this ordinance. Subd. 6. Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonably rodent-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, (Draft Printed 5/18/93) 6 Proposed Ordinance - Section 319 extermination thereof shall be the responsibility of the owner. Subd. 7. Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, firewood, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Outside stored materials shall be stacked neatly in piles at least 4 inches off bare soil or ground. Su~d. 8. Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. Materials stored outside by the owner or permitted to be stored by the owner shall be stacked neatly in piles at least 4 inches off bare soil or ground. Subd. 9. Prevention of Food for Rodents. No owner or occupant of a dwelling unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Subd. 10. Maintenance of Plumbing Fixtures and Facilltie~. The owner or occupant of a dwelling unit shall maintain all supplied plumbing fixtures and facilities therein. Subd. 11. Minimtun Heating Capability and Maintenanc-. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit or such lesser temperature required by government authority shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms and water closet compartments from September 15 to May 1. Subd. 12. Removal of Snow and Ice. The owner~:~6~~ of any rental dwelling shall be responsible for the"~~:~"':':':'0f snow and ice from parking lots and/or driveways, steps and walkways on the premises. Individual snowfalls of three inches or more or successive snowfalls accumulating to a depth of three inches shall be removed from walkways and steps within 48 hours after cessation of the snowfall. Subd. 13. Minimum Exterior Lighting. The owner of a rental dwelling or dwellings shall be responsible for providing and maintaining effective illumination in all exterior parking areas and walkways. (Draft Printed 5/18/93) 7 Proposed Ordinance - Section 319 SU~d. 14. Maintenance ofDrivinqand Parkinq Area,'. The owner of a multiple family dwelling or dwellings shall be responsible for providing and maintaining in good condition paved and delineatad parking areas and driveways for tenants. Subd. 15..Owner/Occupant Responsibilities Define~. Every owner remains liable for violations of duties imposed upon them by this Code even though an obligation is also imposed on the occupants of their building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code. Every owner, or their agent, in addition to being responsible for maintaining their building in a sound structural condition, shall be responsible for keeping that part of the building or premises which they occupy or control in a clean, sanitary and safe condition. Every occupant of a dwelling unit, in addition to being responsible for keeping the dwelling or dwelling unit or premises which they occupy and control, in a clean, sanitary and safe condition, shall dispose of all rubbish, garbage and other organic waste in a manner required bylaw. All occupants shall keep their premises in a safe and sanitary condition. Section 319:20. ~inimum Standards for Basic Equipment and Facilities. No person shall rent or let to another for occupancy, any dwelling or dwelling unit for the purposes of living, sleeping, cooking and eating therein which does not comply with the following requirements: Subd. 1. Provide a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to an approved sewer system per Section 600 and/or 300 or 305 of the City Code. Subd. 2. Provide cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. Subd. 3. Provide a stove ............... se for cooking food and refrigeration ................ = for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator ~ ...... need (Draft Printed 5/18/93) 8 Proposed Ordinance - Section 319 not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator ~ s ...... ar d ..... must be provided. Subd. 4. Every dwelling unit shall have at least four (4) square feet of floor area to ceiling closet space for personal effects of each permissible occupant. If it is lacking in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used to determine permissible occupancy. Subd. $. Toilet Facilities. Within every dwelling unit there shall be a non-habitable room which is equipped with a flush water closet in compliance with Minnesota State Plumbing Code. Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated property, and shall be connected to a sewer system in compliance with Section 300, 305, and 600 of the City Code. Sub4. 6. Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water system and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to an approved sewer system. Subd. 7. Bathtub or Shower. Within every dwelling unit there shall be a non-habitable room which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure and shall be connected to an approved sewer system. Section 319:25. General Requirements. No person shall let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: Subd. 1. Foundations, Exterior Walls and Roofs. The foundation, exterior walls and exterior roof shall be substantially water tight and protected against vermin and (Draft Printed 5/18/93) Proposed Ordinance - Section 319 rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be protected from the elements and decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or treatment. If approximately 10% or more of the total exterior surface is unpainted or lacks a protective coating or is determined by the Compliance Official to be deteriorated, the surface shall have a protective covering applied. If approximately 10% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Subd. 2. Windows, Doors and Screen,. Every window, exterior door and hatchway shall be substantially tight and shall be kept in repair. Every window other that a fixed window or storm window shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin and rodents from entering the building. Every window which can be opened shall be supplied with sixteen (16) mesh screens during the months of May through September to keep out insects. Subd. 3. Floors, Interior Walls and Ceilingt. Every floor, interior wall and ceilings shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained. Subd. 4. Rodent Resistan[. Buildings found to be rodent infested shall be made rodent resistant. All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have a 1/2', diameter or larger opening shall be made rodent-resistant in an approved manner. floors or b ......... t~, ~ll~.s, ~. vth~. ~r~s in contact wlth =npcrvious ..~t .... 1 (Draft Printed 5/18/93) 10 Proposed Ordinance - Section 319 Subd. 5. Fence Maintenance. All fences shall consist of chain link, wood, masonry or other decay resistant material. Fences shall be maintained in good condition by the Owner. Materials, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Subd. 6. Accessory Structure Maintenance. A c c e s s o r y structures shall be structurally sound and be maintained in good repair. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials such as paint or other preservatives. If approximately 10% or more of the total exterior surface is unpainted or lacks a protective coating or is determined by the Compliance Official to be deteriorated, the surface shall have a protective covering applied· Subd. 7. Safe Building Elements· Every foundation, floor, roof, exterior and interior wall, ceilings, and every appurtenance thereto of a rental dwellings shall be safe to use and capable of supporting loads that normal use may cause to be placed thereon. Every stairway, inside or outside, of a rental dwelling and every porch or balcony shall be kept in safe condition and sound repair. Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every stairwell and every flight of stairs which is more that two (2) risers high shall have handrails approximately thirty (30) to thirty-Eight (38) inches high, measured vertically from the nose of the stair tread to the top of the handrail. Ail unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or floor level, and roofs used for other than service of the building, shall be protected by a guard rail not less than forty-two (42) inches in height. Open guard rail and stair railings shall have intermediate rails or an ornamental pattern such that a sphere six (6) inches in diameter cannot pass through. Exceptions to guard rail requirements shall be accommodated as provided for in the Minnesota State Codes. (Draft Printed 5/I8/93) 11 Proposed Ordinance - Section 319 Every handrail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting a live load of two hundred (200) pounds per square foot of horizontal projection. Ce Every sleeping room below the fourth story shall have at least one (1) operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. Ail egress or rescue windows from sleeping rooms shall have a total glazed area of at least five (5) square feet. The smallest net clear opening for each such window shall be twenty (20) inches in width by twenty-four (24) inches in height. Where windows are provided as a means of escape or rescue, they shall have a finished sill height not more than forty-eight (48) inches above the floor. Any such window replaced or newly installed shall be done so in accordance with Section 300 of the Mound Ordinance Code and the Codes adopted by reference therein. ................ d~ the po~s ...... z ot a ~'c~llng :-" -- also affect~vcly .... t~~ th~ =-~ ' Subd. 8. Facilities to Function· All equipment or utilities required under City ordinances and every chimney and flue shall function effectively in a safe working condition. (Draft Printed 5/18/93) 12 Proposed Ordinance - Section 319 Subd. 9. Gradinq and Drainage. Every yard, court, or passageway on the premises on which a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Subd. 10. Yard Cover. dwelling stands shall erosion. Every yard to a premise on which a be maintained to prevent dust and Subd. 11. Minimum Ceilinq Heiaht. In order to qualify as habitable rooms of rental dwellings and rental dwelling units, rooms shall have a clear ceiling height of not less than seven (7) feet, except that in attics or upper-stories used for sleeping, study or similar activities, the ceiling height shall be not less than seven (7) feet, over at least one half (1/2) of the floor area. In calculating the floor area of such rooms in attics or upper-stories, only those portions of the floor area of the room having a clear ceiling height of five (5) feet or more may be included. Subd. 12. Access Throuqh SleeDina Rooms and Bathrooms. No rental dwelling unit shall have a room arrangement such that access to the unit itself or to a bathroom or water closet compartment intended for use by occupants of more than one dwelling unit can be gained only by going through another dwelling, nor shall the room arrangement be such that access to a sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement, or cellar or to the exterior of any dwelling unit. Section 319:30. Door and Window Locks. No owner, shall rent or let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: Subd. 1. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrances or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of the building entrance doors and with key cylinder devices on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently unlocked from the inside. (Draft Printed 5/18/93) 13 II j I I J IJ I J, Proposed Ordinance - Section 319 Subd. 2. Every door that provides ingress and egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door shall be 0penable from the in~i~e w~hou% th~ use of a key or any special knowledge or effort. Subd. 3. Every window opening within eight (8) feet of finished yard grade shall be equipped with locking devices to secure the window in a closed position. Section 319:35. ~inimum Standards for Light a~d Ventilation. No person shall let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: All habitable rooms within a dwelling unit shall be provided with natural lights by means of exterior glazed openings with an area not less than {-/-1-Z (8 ~-/~%) of the floor area of such rooms with a minimum of eight (8) square feet. Ail habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with a area of not less than 1/25 (4%) of the floor area of such rooms with a minimum of four (4) square feet. Every bathroom and water closet compartment, and every laundry and utility room, shall contain at least 50% of the light and ventilation requirement for habitable rooms, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Compliance Official. Section 319:40. Electric Service, Outlets and Fixture~. Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in a safe working condition, and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules and regulations of the City of Mound and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: Subd. 1. A dwelling containing one or two dwelling units shall have at least the equivalent of 60 ampere, three-wire electric service per dwelling unit. Subd. 2. Each dwelling unit shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. Subd. 3. Every habitable room shall have at least one floor or wall-type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such electric outlets; provided, however, that one ceiling or wall-type light fixture may be supplied in lieu (Draft Printed 5/I8/93) 14 Proposed Ordinance - Section 319 of one required electric outlet. Subd. 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture and every bathroom, kitchen an laundry room shall contain at least one electric convenience outlet. Subd. $. Every public hall and stairway in every rental dwelling shall be adequately lighted by natural or electric light at all times, so as to provide effective illumination. Every public hall and stair in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time light. Subd. 6. A convenient switch or equivalent device for turning on a light in each dwelling shall be located near the point of entrance to such unit. Section 319:45. Minimum Thermal Standard~. Sub4. 1. No person shall let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not have heating facilities which are properly installed and maintained in safe and working condition and which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above floor level and three feet from exterior walls at normal weather condition. Sub4. 2. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Sub~. 3. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirement of this section and is prohibited. Subd. 4. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 319:50. Winterizing. Owners of residential rental properties built before 1976 that are occupied from November 1 through April 1 are required to comply with energy-efficiency standards in compliance with Minnesota State.,~'~-- ·~- ~,v.~vv* ~ ~ ~ :.:.:::.:,:.:.~.:.:,:.:...:: .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .: :.::::,. ~ AA~ ~ ~J 1~ ~ ~ ~ ................ ~ ................. ~ ........... ~ ~ follows: (Draft Printed 5/18/93) 15 Proposed Ordinance - Section 319 ................... d ...... all slnglc glazed .3 4- ............. enclc~:ng h~t~d ~pacas. ........ ~. ........ ff~ ..., a... flreplacas and .... ~'- I..~t~ll ..... l~t ...... -' - ....... cc: llng,~ thc ....... d~d "R" ' ling ~ ........ ~ -~ appropriate .... t~l~t ..... l~t .... ~ R 11~ .... t~ll~t .... cf thc thc ~t~,,d..d ..u~t b~ ~ ~ - ~ - ~ .... = _ _ ~ ...... ~ ............ to fill ----~." Install -~th~r strzppzng b~t.~n ~ .... ~-- ~.~ .... '' "~- ~ ' ' ~ "~ ~t ..... operabl~ .... d~. sash and ~ ..... ....... and b~t ..... ~ .... ~-- ~t ..... doors and framos~ W~.th~ str~pp~ng is --~ .... required .... t .... ~ ...... w~. ....... stsr= Section 3;19:55. Fi'-~.~ !~.r<~te(~ion ..................... ~ ............................ ' ................................. ' f d~ ~ ~ C.t~ C~dc Scctlon adontion ~--- ~ ...... ~h~ll b~ -.b .... tt~d ~ approved, .............. --- - th ............. completed or thc ~"~-- ........ . ...... bc .... t~d until ........ t.~t~d -~-- thc ~ ~ · , thc Building Code~ ~ (Draft Printed 5/~8/93) 16 Proposed Ord£nance - Section 319 a. Serves an occupant load of IC or lass or a -"--~ A fe Subd. 2. Stair Construction· ~ -' b t bi ........ "-- EXCEPTION' ^ ~"" · -'" -~ ~ ..... ~'"~ ~" --~ V -- ~-~"--= "- the Uniform ................ 1 th: ckncs~. (Draft Printed 5/18/93) 17 Proposed Ordinance - Section 319 .6 ....... . : .......... ~ ........ ~: '~ .... ~a : ~ ~: .~ ':i' '~:f~i~ "~i i~: ~i:" i! :i! ........... i:.:.:i!i ........... F"i~i~!F'! ................. i':"'~! 'i~ff~:~:::~:':~:~::::-'i~:::-:::~:" '~:.~ii ............................................................ , ~ ......... ~ ................ 1/2 ~ ............. ----~ d ..... ~ ' '-d ili ........... ~ ..... t~.t..~ authority. .......... = ...... h ii ~- t~t~d -z ~ tight = ~ ..= ~-- ~ ........ t~ .h~.. tested ....... ~. Thc door ~..~ frame -h-ll = .... i b 1 ~-~ thc ~ ~-- ........... t .... ~ thc ..... ~' conducting the .... ~t th~ f~t~ry ....... t .....d self - -- ~ .... ~1 ~l ..... ~ ~- - ~ I ~ ~.t .... t.~ clos~n9 i~ t~ ................ - ~ lid ................. may ~ ~d ~t ~--- open ng~ ...... 1972. ~h thc cx~st~ng f ..... c "~'' ....... d~t~ thc I 3 ~ ~ ~-, ...... ~,o ~ ..... b~.,d~d .... ~ -~-~ d ..... equivalent = ..... ..... l~t~d ~ ........ permitted g .... ] ..... d d~ft ~ ~ dooz as to providc accal wharc th~ ~ ~ ............... stop ....... d ..... d ...... thc ~l .... ~ .... may bc ~ .... ~ they .... t~ll~d require ~ h~l~ ~ larger th~n I ~--~ ~- .............. f .... t~l "~ ~-~ ~ubj t tmp atur ac to e er es of '"~ ~ ...... ~ ...... ~ ........... t ..... wall~ oL ........... t b~l ............ t required. ........ protected ~-* f d ......... .... total --~- ~f -'' ' .... - ~th~ th.,, d .... , ~,, any -h~h ~ ~ ............................. , ....... ~*~ ...... 1/2 inch gypsum -~llb~.d -~ ~- .,,~t .... 1 ~,, (Draft Printed 5/18/93) 18 Proposed Ordinance - Section 319 ..................... . dv~ ~ hull..~--~ ~ through al', : ntcrver,~ng All openings '"' ~= :- by .... shall b~ ~ ........ thrca ...... ~ ...... ~ .......... ~ ...................... d~ ~' o~t ~ ..... of - ' .......... ''I knowladgc - .......................................... ~ ....... the ......... I = --_ ~ foot fo .... rving ~ .... .... ~ ................ des~gncd .,,d ........ t~d to ..... pounds .......... rung All (Draft Printed 5/18/93) 19 Proposed Ordinance - Section 319 shall have m=nimum .... ~ .... of stairway~ d ildi g by at least .................. t~.~ occupancy separations or ~t ..... ~"~ balcony. ..... throughout by superviscd f~-- sprinkler system ~-~ - ~- --~ -,,~t~llcd .., accordance (Draft Printed 5/18/93) 20 Proposed Ordinance - Section 319 .......... ]-~ detectors. ~mm .... d .... uf~t .... · ....... ~ -- ~. th~ ' ..... I I ~- ~ ~ v ~ ~ ' ' ~ · ............... avery .... ~ dwcll~ng, raqu~rcd smoke buzld;ng ;'zr;ng ~f~r~ng -~, b~ permanent ~,,d "~- ......... nt protection. S .... ].~ d~t~t ....... = ~ -~ '~ .......... ~ battery ............. t ...... t~l ~ ~- ....... regulated b~ .... M ........ t. St_t~ ~-- ~ N ~__ ........ ~ Code. Section 319: 60. · · · · ~r th~ f-~t ~.~T~,,t, 150 square feet of habitable o. h.b.t.bl~ room floor space. ........... t shall thc ~ ~ ~ .... dwalling unit, (Draft Printed 5/18/93) 21 Proposed Ordinance - Section 319 ~:~:~:::::~:~::~:~ Su~b4~---Z~ One Family Per I~elling ~ni~. Not more .......................... than one family, except for temporary guests, shall occupy a dwelling unit. Section 319:6~. Enforcement and Inspection Authority. The City Manager and h'm's/her designated agents shall be the Compliance Official who shall administer and enforce the provisions of this ordinance when reason exists to believe that a violation of this ordinance has been or is being committed. Inspections shall be conducted during reasonable hours and the Compliance Official shall present evidence of his/her official capacity to the owner or occupant in charge of a dwelling unit. Section 319:70. Inspection Access. The Compliance Official shall make a reasonable attempt to contact the Occupant and the Owner to arrange inspections. If any owner, occupant, or other person in charge of the dwelling, dwelling unit, rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his/her control, or any part thereof, with respect to which an inspection authorized by this ordinance is sought to be made, the Compliance Official may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, or multiple dwelling, petition and obtain such order from a court of competent jurisdiction. Bection 319:75. U_nfit for Human Habitation. Subd. 1. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the ?uman _.~'~':~: .................. Ion, ~.c Ccmpliancc Official shall pl ............... pursuant t~ ....... portion th .... f ~ u ..... ~ ~-- .... d.t ~--- h..~ b .......... t~~ ....... tt~.. approval has u~- ~ ..... ~ ~.. . ............ = thc Ccmpllanc~ ............................ for any person t~ dcfac~ o. ....................... placard from .... such ~.*~ ........ u ....... roomlng unit~ (Draft Printed 5/18/93) 22 Proposed Ordinance - Section 319 copy th S .... d upon (Draft Printed 5/18/93) 23 Proposed Ordinance - Section 319 -- th~ ........ ~-t : ~ harg of --~ upon ~- occupying tenant upon the .... ~- =-- · ....... = pcstlng ~ ~ ~t thc -- ~- ~ - .... ~.. entrance .............. thc ~ff~ ~ -I na~'spap~r ~ th~ Section 319:95. Right of Appeal. When it is alleged by any person to whom a Compliance Order is directed that such Compliance Order is based upon erroneous interpretation of this ordinance, or upon a misstatement or mistake of fact, such person may appeal the Compliance Order to a Board of Appeals and Adjustments as established by Section 23.502 ~i~:~i~iii~ii~ of the City Code. The Planning Commission as an adv:i~'~y ........... body shall forward their recommendation to the City Council as the Board of Appeals and Adjustments in the manner set forth in Section ~ ~?~i Such appeals must be in writing, must specify the grounds'"'f6~'"'~'h'~' appeal, must be accompanied by a filing fee as designated by the City Council in cash or cashier's check, and must be filed with the Compliance Official within five (5) business days after service of the Compliance Order.' The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless such a stay would cause imminent peril to life, health or property. Section 319:100. Board of Appeal's Decision. Upon at least five (5) business days' notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. The Planning Commission may recommend to the City Council as the Board of Appeals that the order be reversed modified or affirmed in whole or in part. ' Section 319:105. Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any dwelling, dwelling unit or rooming unit upon whom a pending compliance order has been served to sell, transfer, mortgage or lease or otherwise dispose thereof to another person until the provisions of the compliance order have been complied with, unless such owner shall furnish to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgement. Anyone securing an interest in the dwelling, dwelling unit or rooming unit who has received notice of the existence of a Compliance Order shall be bound by same without further service of notice upon him/her and shall be liable to all (Draft Printed 5/18/93) 24 Proposed Ordinance - Section 319 penalties and procedures provided by this ordinance. Section 319:110. Penalties. Any person who fails to comply with a Compliance Order after a right of appeal has expired, and any person who fails to comply with a modified Compliance Order within the time set therein, upon conviction therefor, shall be guilty of a misdemeanor. Each day of such failure to comply shall constitute a separate punishable offense. Section 319:115. Execution of Compliance Orders by Public Authority. Upon failure to comply with a compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council after due notice to the owner may by resolution cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and Section 370 of the City Code, for any of the reasons set forth in Minnesota Statutes Section 429.101, Subd. 1, and specifically for the removal or elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this section to authorize the City to utilize all the provisions of Minnesota Statutes Section 429.101 and Section 370 of the City Code to promote the public's health, safety and general welfare. Section 319:120. Severability Clause. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. (Draft Printed 5/I8/93) 25 BILLS .May 25, 1993 BATCH 3043 BATCH 3052 TOTAL BILLS $422,447.05 130,048.81 $552,495.86 Z 0 I ! 11, I I i I I ! I 1, I J,_ u'~ iq' '~ Z 0 o o ~,~ I Z -.J "~ l~64- I!1 I ! I I I!l ! I!1 r Z Z Z ! J I I ! Ii I ~, Z Z 0 CITY OF MOUND 1993 BUDGET REVENUE REPORT APRIL 1993 33.33% GENERAL FUND Taxes Intergovernmental Business Licenses Non -Business Licenses and Permits Charges for Services Court Fines Charges to Other Departments Other Revenue APRIL 1993 YTD BUDGET REVENUE REVENUE 1,21 7,590 0 0 860,500 1,093 30,140 3,260 50 4,214 69,500 4,822 16,355 48,750 552 3,171 65,000 3,376 12,895 12,390 1,273 5,303 58,500 (199) 5,890 PER CENT VARIANCE RECEIVED (1,217,590) 0.00% (830,360) 3.50% 954 129.26% (53,145) 23.53% (45,579) 6.50% (52,105) 19.84% (7,087) 42.80% (52.610) ! 0.07% TOTAL R EVEN U E 2,335,490 1 0,967 77,968 (2.257.522) 3.34% FIRE FUND 244,200 13,346 RECYCLING FUND 113,550 14,818 LIQUOR FUND 1,200,000 102,889 WATER FUND 350,000 25,684 SEWER FUND 650,000 57,681 CEMETERY FUND 4,200 1,050 DOCKS FUND 73,280 3,132 112,608 (131,592) 46.11% 24,728 (88,822) 21.78% 358,870 (841,130) 29.91% 101,856 (248,144) 29.10% 219,838 (430,162) 33.82% 2,300 (1,900) 54.76% 67,374 (5,906) 91.94% 05/18/93 rev- 93 G.B. CITY OF MOUND 1993 BUDGET EXPENDITURES REPORT APRIL 1993 33.33% GENERAL FUND Council Pro motions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspectio ns Streets Shop & Stores City Property Parks Sum met Recreation Contingencies Transfers APRIL 1993 YTD PER CENT BUDGET EXPENSE EXPENSE VARIANCE EXPENDED 57 500 2 000 1 380 17O 380 2 140 46 550 145 900 24,000 79,000 779,200 4,000 138,440 406,750 17,100 97,160 174,340 33,100 10,000 .136,840 4,812 26,837 30,663 46.67% 0 83 1,917 4.15% 0 176 1,204 12.75% 19,790 56,587 113,793 33.21% 285 2,009 131 93.88% 50 284 46,266 0.61% 18,668 46,707 99,193 32.01% 693 14,455 9,545 60.23% 8,304 26,774 52,226 33.89% 108,784 285,412 493,788 36.63% 43 530 3,470 13.25% 12,586 40,239 98,201 29.07% 24,322 129,788 276,962 31.91% 196 965 16,135 5.64% 4,443 20,481 76,679 21.08% 49,131 68,918 105,422 39.53% 0 0 33,1 00 0.00% 362 1,058 8,942 10.58% 10,244 40,973 95,867 29.94% GENERAL FUND TOTAL 2,325,780 262,713 762,276 1,563,504 32.78% Area Fire Service Fund 244,200 45,631 106,402 137,798 43.57% Recycling Fund 99,350 27,306 54,913 44,437 55.27% Liquor Fund 1 94,620 21,215 69,331 125,289 35.62% Water Fund 358,190 33,540 123,369 234,821 34.44% Sewer Fund 761,350 57,921 256,923 504,427 33.75% Cemetery Fund 4,790 261 1,116 3,674 23.30% Docks Fund 55,440 1,856 13,753 41,687 24.81% ex p - 93 05/18/93 G.B. Be Orono City CounciI cordially invites you and your guest(s) to attend Orono City Facilities Dedication Ceremony and open House Sunday, June 20,1993 l:00p.~ -- 4:00p.~ 2700- 2780 Kelley Parkway (Nortfieas't corner of H~l-~way 12 and Old orystal BmJ Road) l:00p.~ ?o#ra.m Grand Opening ceremony Ior New city FaciIities open House and Tours Following the Program Hoisington Koegter Group Inc. DD TO: Ed Shukle FROM: Mark Koegler DATE: May 19, 1993 sUBJEcT: Teal Pointe EAW I am enclosing a copy of the EAW Process graphic which generally shows the time line that applies to the EAW for Teal Pointe. According to our records, all of the material requested from the developer for preparation of the EAW was received on May 10, 1993. Accordingly, the City of Mound, serving as the Responsible Governmental Unit (RGU), has until June 10, 1993 to approve the EAW for distribution. Assuming that approval for distribution occurs at the City Council meeting on June 8, 1993, the following schedule applies: June 8, 1993 City Council Approval of the EAW for Distribution June 1 O, 1993 City of Mound sends EAW to EQB and Distribution List June 14, 1993 EAW received by EQB (Assumed) June 15, 1993 City of Mound submits required press release to The Laker for publication on June 21, 1993 June 28, 1993 Publication of EAW in EQB Monitor - Start of 30 day comment period July 28, 1993 End of Comment Period August 10, 1993 Mound City Council Meeting - EAW decision on need for an EIS August 12, 1993 City of Mound distributes Notice of EAW Decision August 23, 1993 Notice of Decision published in EQB Monitor The above schedule provides a tentative overview of the timing of the Teal Pointe EAW. The actual dates shown are dependent on the review time and publication deadlines of the EQB staff. Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 EAW Process RGU deaenuin~ F_.AW is ~ RGU ~ EAW RGU aplxoves EAW fa' disalhlticm RGU sends EAW to ~ ~ RGU issues press reteam Grt. y ha imka~ a In~lod of thnt In whid~ an m~lcn may oma-. ~ to5 ~aays 7~021 calendar d~ys I I I I dk 7 ~o 21 days after _r~__/ptofEAW I I + I ! 3NM:a~dng~to3Oday~ 7 to 21 ~r~lar days RGU ~ if Ixojea needs EIS and tespc~ t~ commens RGU dism'hm~ notice cf dx/s~ Ne published in EQB Mon~z3r 7~21 (hy~ ~l~r ~ of dedsk~ vary ~ on RGU Itlltl 5 MINUTES OF A 1VIEETING OF THE MOUND ADVISORY PLANNING COMMISSION PARK DEDICATION FEE The Commission continued discussion on this issue and the general consensus was that on lot splits the fee should only apply to newly created buildable lots, and lots with houses existing on them should not be charged. Sutherland commented that he had discussed this issue with the City Planner from Prior Lake and they have criteria they use to determine fees based on the amount of park property existing in the area where the subdivision is proposed. He also commented that our ordinance may exceed the maximum 10 percent of the lot value we are allowed to collect by State law. MOTION made by Meyer, seconded by Hanus to inform the City Council that the Planning Commission is in favor of charging a park dedication fee only. for newly created buildable lots. Motion carried unanimously. I I l, I ! Ii i ~, Metropolitan Waste Control Commission Meats Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 May 12, 1993 jj~'jj MAY To Municipal Officials: Please make note and plan to participate in three coming events. You are invited to breakfast meetings seeking input to the Metropolitan Waste Control Commission's (MWCC) proposed 1994 budget. This meeting will provide you with an opportunity to review and comment on the agency's proposed budget. It is important to us to receive your comments throughout the budget process. A public hearing on the 1994 proposed MWCC budget is scheduled for the June 15 meeting of the Board of Commissioners. Action on the 1994 proposed budget, containing any changes as a result of suggestions from the breakfast meetings and public hearing (6/15/93), is anticipated at the July 20 meeting of the Commission. In response to customer requests, MWCC has scheduled one of the breakfast meetings at the Metro Wastewater Treatment Plant in St. Paul, and for those of you who are interested, MWCC will offer a tour of the Metro Plant following the meeting. Industrial users of the system are encouraged to attend the meeting at the Metro Plant. If you go on the tour, it is important that you wear comfortable walking shoes with leather uppers. ' ------~GET BREAKFAST MEETING SCHEDULE FRIDAY '~'x, JUNE 8, TUESDAY T. WRIGHTS - Minnetonka HOLIDAY INN NORTH - Brooklyn Center 3310 South Highway 101 / 2200 Freeway Boulevard Minnetonka ~ Brooklyn Center 7:30 - 9:00 a.m. JUNE 15 - TUESDAY JUNE 16 - WEDNESDAY MAPLEWOOD INN - Maplewood NICOLLET ISLAND INN - Minneapolis 1780 E. County Rd. D 95 Merriam Street 7:30 - 9:00 a.m. 7:30 - 9:00 a.m. JUNE 17 - THURSDAY JUNE 23 - WEDNESDAY DROVER'S INN - So. St. Paul METRO WASTEWATER TREATMENT PLANT 701 South Concord St. 2400 Childs Road - St. Paul 7:30 - 9:00 a.m. 7:30 - 9:00 a.m. (breakfast meeting) 9:00 - 11:00 a~.m~.~,our-Metr~ P_gant). 'r C) PL,ACE '~IrOUR MEETIN~]~ RF~ERVATI61~, C]ALL, SARAH KLM AT 229-2129. ~ All meeting locations are wheelchair accessible. If other reasonable ac~6-mmodatio-~are needed please call Pauline Langsdoff at 229-2100 by May 28. Equal Opportunity/Affirmative Action Employer April 15, 1993 Mound City Days is happy to announce our annual celebration June 18, 19, and 20, 1993. We had an excellent parade in 1992 and anticipate 1993 to be bigger and better. The Northwest Tonka Lions and Lioness Clubs are sponsoring the celebration this year and we are looking forward to making it better than ever. We invite you to join us on Saturday, June 19 and participate in the parade with your float or other parade unit. Please fill out the enclosed Parade Registration Form to let us know that you will participate. We would like to have this filled out and returned by May 25, 1993. Should you decide to join our parade we will be getting back to you with a map of how to get to Mound, our staging area, parade time, etc. If you have questions please call. Sincerely, Lee Greenslit Avie Lippert Parade Co-Chairpersons 5515 County Rd. 151 Mound, MN 55364 We are looking forward to having you join us. TELEPHONE # 472-4245 (Home) 424-1590 (Work) NORTHWEST TONKA LIONS AND LIONESS CLUBS 5341 Maywood Road, Mound, Minnesota 55364- 472-1155 PARADE MOUND CITY DAYS CELEBRATION REGISTRATIO'N FORM JUNE 19, 1993 GROUP OR COMPANY REPRESENTED ADDRESS PHONE CONTACT PERSON NAME ADDRESS CITY & ZIP PHONE # (HOME) (WORK) BRIEFLY DESCRIBE PARADE UNIT PLEASE PRINT RELEASE OF LIABILITY: In consideration of the right to participate; I, and any others with me, hereby release the Mound City Day's Celebration Committee, the City of Mound and their employees or agents or any others from any known or unknown damages, injuries, losses, judgments, and/or claims from any cause or factor involved. Further, each entrant expressly agrees to indemnify all of the foregoing entities, persons and bodies from any and all liabilities resulting from the conduct of entrants, spectators, or any participant assisting or cooperating with entrant and under direction or control of entrant. OPERATION: The Mound City Day's Celebration Committee, the City of Mound and their employees or agents reserve the right to restrict entrants to acceptable behavior during any and all activities. Violation of behavior deemed unacceptable by any hosting bodies will subject individual to removal. Signature: Date: PLEASE RETURN THIS FORM TO: AVIE LIPPERT, PARADE CO-CHAIRPERSON 5515 COUNTY ROAD 151 MOUND, MN 55364 PHONE # 472-4246 (Home) 424-1590 (Work) CITY OF MOUND The City of Mound is pleased to provide these special Recycling Days. We would like to make the recycling of items easy for you. Please fill out the questionnaire below and return it to the workers before you leave today or mail to City Hall. Thanks for your participationll 2. 3. 4. 5. 6. Should there be special recycling days twice a year? Yes No Should the recycling days be in the fall and spring? Yes No Is the scheduled Saturday and Sunday convenient for you? Yes No If not, what days would be better? M T W Th F Sat Sun Did you participate in previous special recycling days? Yes No How did you learn of this special recycling event? Laker Sailor City Contact Flyer Other Were you surprised at the variety of items you could bring? Yes No How did you dispose of these items before the special Recycling days? Was there anything you had to return home with that you could not recycle? What was it? 10. How could we improve this service? 11. Do you think the costs were reasonable? Yes No 12. Do you think the location was convenient? Yes No 13. Do you know about the Hennepin County Transfer Station and Hazards Drop off Site in Brooklyn Park, that is open all year? Yes No 14. What city are you from? COMMENTS: PLEASE RETURN THIS QUESTIONNAIRE TO MOUND CITY HALL BY MAY 7, 1993 /~(~ to Mound City Hall, 5341 Maywood Road, 55364, and THANK YOU// J J 1, I J Ii I : REC# 1'4 1#2 la I~ ..... ,4-- - -.I,- - o+- - -+- --+ qY 2 IY 3 IY 4 IY 5 JY 6 IY ? JY 8 JY 9 IY ~ IY I Y 16 JY 77 IY 18 JY 19 J¥ :>0 JY 21 IY 22 IY 23 IY 24 IY 2s IY 26 IY I IY IY IN IY IY IY IY IY IY IY IY IN IY IY IY IY IY IY IY IY IY I IY IY IY I IY IY IY IY IY IY IY IN IY IY IY II I IY IY IY II I IY IYIFRIIY IY IY IY IY IY IN IY I~ IY IY IY IY IY IY IY IY IY IY IY IY IY IY IY IN IY IY IN IY IY IY IY IY IY IY IY IN LAKER J LANDFILL I LAKER & FLYER IY LAKE & NEWSLETTIY PENNY~ISE OR ER GARBAGE NEWSLETTER IY !DIDN'T FLYER IY GARBAGE LAKER & SAILOR IY LAKER IN LAKER & SAILOR IY SAILOR & FLYER IY LAKER & SAILOR FLYER & NEWSLETIY TER LAKER & FLYER IY LAKER IY I LAKER & FLYER IY I LAKER & FLYER IY LAKER, SAILOR &IN FLYER NEWSLETTER & IY FLYER LAKER & SAILOR JY LAKER JY SAILOR & FLYER JY LAKER & FLYER IY LAKER Jy LAKER IY LAKER IY LAKER & FLYER IY LAKER & NEWSLETJY TER LAKER IY I DUMP DLNP OR STORED THEN DUNPSTER DUNP GARAGE SALE GOCI)Wl LL & TRASH GARAGE SALE GARBAGE GOOOWIL & DIJMP LANDFILL DUMP - GARBAGE LET THEN PILE UP IN GARAGE Il DIDN'T GARBAGE PAID GARBAGE GARBAGE PAID GARBAGE PAIO GARBAGE OR STORED JUNK PAIO GARBAGE OR STORED JUNK ~ I#~o 1#~1#~21#~3 #14 COI~ENTS #0 LESS TRAFFIC IY Iy IN M]NNETR[STA EXCELLENT -WELL NO NO NO NO LEAVES PLASTIC, PORCELAIN NO NO NO CEMENT IBLOCK ;NO FOAM RUBBE R NO PLASTER BOARD NO NO NO NO PLASTIC ITEMS NO NO I IY I FLYERS ON DOORSIY I IY I ACCEPT RAGAZINEIY I IY JY JACCEPT FLOURSCEIY NT BULBS ACCEPT ALL jY MATERIALS IY JY JY ACCEPT PLASTIC, IY BATTERIES J OFFER FRIDAY IY I CURBSIDE PICKUPI I IN I IY I IY I CATALOGS & J y MAGAZINES J IY JY JY JY JY GO00 AS IS JY GREAT JOB Jy IY JN JY JN JY JN IY JN JY IY JY IY JY JY JY jY JY JY JY JY JY JY JY I IY I IY I I'~ I IY I IY I JN JN JY JN JN JY I IN I I I IY I I I IN I IN I IN I IY I IY I IN I IN I IY I IN I IY I MOUND MOUND MOUND MOUND MOUND MOUND M [ NNETR I STA MOUND MOUND MOUND MOUND MOUND MOUND MOUND MOUND MINNETRISTA MOUND MOUND MOUND MOUND MOUNO MOUND MOUND MOUND MOUND MOUND I~LNAGED GREAT SERVICE - KEE HOUND LOOKING BETTE kIANTS TO RECYCLE iMAGAZINES THANKS FOR HELPING CLEAN UP CITY MUCH NEEDED - CITY SHOULD LOOK BETTER CO00 USE OF CONNUNITY RESOURCES WELL ONGAgIZED - WANT LEAF PICK-UP KEEP UP G000 WORK LOCATION CONVENIENT WANT MARINA 1N LOST GREAT PROGRAM iGREAT - CLEAN UP NEIGHBORNOQ)S WANT LEAF PICK-UP GOOD IDEA SERVICE IS REALLY APPRECIATED goNDERFUL SERVICE, KEEP IT UP - 1- REC# I#~ I~ I~ I~ 1"5 ..... +- - -+- ° -4'- - -4,- - -.I.- - - 28 IY IY IY ~ IY IY IY so IY IY IY :~1 IY IY IY ]2 IY IY IY :~:~ IY IY IY ~ IY IY IY ]5 IY IY IY ]6 IY IY IY ]7 IY IY IY I ~8 IHIHIY I I 39 IYIYIY I I 40 IYITIY 4~ IYIYIY 42 IYIYIY 4] IYIYIY ~,4 IY IYIY I I 45 IY IY IY I I ~6 IY IY IY 47 IY IY IY 49 IY IY IY 5O IY IY IT ST IY IY IY 52 IY IY IY IN IY I I. I IY I I. I. IY IY IY I IY I I. IY IN IY IY IY I IY I I. IY IY IY I" IY I" 5] IY IY IY ISATIY Isu"l 54 IY IY IY IIY I LAKER IY PAID FOR PXCKUP LAKER IY LAKER, SAILOR &IY FLYER LAKER & FLYER LAKER LAKER CHURCH LAKER & NE~SLETIY TER LAKER & FLYER IY LAKER, SAILOR &IY NEUSLETTER FLYER Iy I FLYER IY FLYER IY FLYER IY LAKER, SAILOR, IY FLYER & HEWSLET iLAKER & SAILOR LAKER & FLYER IY I LAKER & FLYER IN I LAKER & FLYER IY LAKER IY LAKER IY LAKER, SAILOR &IY FLYER LAKER IN LAKER & SAILOR IY IY IY IY LAKER !LAKER FLYER !GARBAGE GARBAGE HAULED TO DUMP DUMP DUMP gENT ELSEWHERE TO RECYCLE GARBAGE TRASH RLJ/4MAGE SALE BURNING, LANDFILL DIDN'T GARBAGE GOODWILL GARBAGE DIDN'T BROUGHT TO DEEPHAVEN~S DAY BURN & GARBAGE DUMP DIDN'T GARBAGE HAULED TO DUMP GARBAGE OR GOOOWILL GARBAGE RENTED OUMPSTER NO MORE OFTEN IY IY IN HOUND GREAT - MAKE AV~, SMALL TABLE !NO CENENT NO PLASTIC ITEMS NO NO NO PLASTIC ITEMS NO PLASTIC ITENS NO NO NO NO NO CATALOG NO PLASTICS NO IDRAPES PLASTIC ITEMS NO LESS EXPENSIVE IN PLASTIC ITEMS ONE MORE DAY - IY FRIDAY IY IY IY IY TRAFFIC FLOU IY GREAT JOB IY I TRAFFIC FLOW IY I IY IY IY 2 gEEKEHDS IH IY ROg OR gEEKHIGHI TRAFFIC FLOg IY WAS FINE IY :2 SPR]#G & 2 FALL IY TRAFFIC IY GREAT JOB TAKE PLASTICS IY I DOING GREAT IY I GREAT FIRST TIMIY IE INORE STAFF I IY I IY IY IY IY IY IY IY IY IY IY IY IY IY I IY I IY IY IY IY IY IY IY IY IY I IY IH I IY IN I I IY IN I I IY I IN IN IY IY I" IY IH IN IY IY IH IN IY IH IY IH IY IY IH IH I" I" !MOUND MOUND MOUND WAYZATA MOUND MINNETRISTA M(XJND M I NNETR I STA MOUND MOUND !MOUND M(XJND MINNETRISTA MOUND MOUND /4OUNO MOUND MOUND HOUND MINNETRISTA MOUNO MOUND WKXJND MOUND/ORONO MOUND MOUND ABLE NC)RE OFTEN CURBSIDE PICK-UP ~LILD BE NICE HO~E CITY CONTINUES THIS PROGRAM UONDERFUL IDEA - FLIERS OUT EARLIER SHOULD PAY MORE - LESS CITY SUBSIDIZE WONDERFUL CLEAN-UP MAKES NOUN MORE APPEALING 'MORE THAN TWICE A YEAR - LESS TO HAND VERY YELL ORGANIZED BEST PROGRAM - OTHE CITIES HELP FUND APPRECIATE SERVICE GREAT IDEA GREAT PROGRAM #ORE PLASTIC (TOY' RECYCLING NEEDED THAMK YOU I '1o -2- ~Y IY IY J I 56 lY IY IY I 57 IY IY IY I 58 IY IY IY I 59 IY IY IY I I I IY IN IN 60 IN IN IY ISATIN I I ISUNI 61 fY IY IY ~2 IY IY IY IN I I 6~ Iy Iy Iy Iy I 65 IY IY IY IY I I 67 IY IY IY ISATIY I ISUH Y IY IY ISATIY I I I ISUNI 69 IY IY IY IY I I I I 7o IY IY IY IY ?~ IYIYIY IY LAKER, SAILOR FLYER LAKER IY I LAKER IY I ~LAKER, SAILOR &J# FLYER J LAKER LAKER, SAILOR &Jy FLYER LAKER I ILAKER & SIGN IY I LAKER Iy NEWSLETTER IN I LAKER & NEWSLETIN TER LAKER IY LAKER IY IY LAKER & FLYER IY I SIGN IY FLYER ?2 IY IY IY IY 7~ IN IY IY IY ?~ IY IY IY IY 75 IY IY Jy Iy 76 IY IY IY IN 77 IY fY IY 78 IY IY IY I" 79 Jy IY IY 8o IY IY IY IFRIIY Is&si ,f IY IY I IY I FLYER SIGN IY FLYER IY LAKER & SAILOR IN I LAKER, WACC IN I LAKER & SAILOR IY LAKER & SAILOR Jy SIGN IY LAKER & FLYER IY ULAKER & NEWSLETIY TER J DIDN'T INO ! STORED I N INO GARAGE GARBAGE J I PAID SOMEONE I SPECIAL GARBAGE PICKUP SPECIAL GARBAGE PICKUP ACCUNULATE OR DUMP GARAGE SALE OR NO DUMP GARBAGE OR NO GOODW]LL TRASH NO GARBAGE HAULER NO GARBAGE GARBAGE OR GOOOWZLL CURBSIDE GARBAGE !GARBAGE CERAMICS BIRD BATH NO IPLASTIC, CARDBOARD !NO PLASTIC BRINE TAN) 'NO NO HAULED TO NPLS IPLASTiC, PAINT NO NO SINK - PLASTIC NO NO NO NO PLASTICS DUNP AT HOUARD LAKE GARBAGE HAULER GARBAGE HAULER TOOK TO BLOONINGTOR SAT IN GARAGE ALL DIFFERENT WAYS DUMPSTER GARBAGE ICOLLECT GARBAGEIY IY fY SEND NOTICE IN I IY IN MAIL I HAZARO WASTE I Y I Y I Y I IY fY IY I IY IY IY IY IY IN I IY lY IN I NOTHING IY IY IN I I JUST FINE IY IY IN I I I I KEEP HAVING IY IY IY THIS INCLUDE ALL IY IY IN RECYCLABLES I J IY IY IN I I IY IY I 12 WEEKS IN ROW IY IY I I I IY IY I I I IY IY IY I I IY IY IY I IN IY IN GREAT TAKE ALL MOUND HOUND HOUND IKXJND HOUND IqOUND UATERTOgN GREAT IY IY IN TAKE PLASTICS IY fY IY IY IY IN IY IY I" TRAFFIC IY IY IY !MARKINGS FOR IY IY IY ]TENS INCLUDE IY IY IY HAZARDOUS WASTE I CCXIdENTS ~EXCELLENT SERVICE !GREAT DEAL - DO IT AGAIN SPRING PARK GRE~T NOUND NOUND NDUND NOUND NOUND NOUND NDUND NINNETRISTA NOUND NOUND NCXJND IY IY IN NOUND NOUND iNINNETRISTA/ NOUND MINNETRISTA MOUND MINNETRISTA HOUND #INNETRISTA HANDLED VERY NELL WANT LEAF PICE-UP - SPRING GREAT - CONTINUE TWICE A YEAR HOLD 2 WEEKS IN ROg CUT DOUg ON TRAFFIC GREAT THANK YOU KEEP UP GOOD WORK la~ULO LIKE TO BRING IOLD OIL GREAT GOOD IDEA CHARGES INCONSISTEN TAKE HORE PLASTICS -3- 82. IY IY I I 8~ IY IY I I 84 IY IY 85 IY 86 IY 87 Iv I I 89 IY I 90 IY I 91 IY 9z IY ~ IY I 97 IY I ~ Iv 99 IY 100 IY lol mY I IOZ IY I lo3 IY ~o~ IY I 1~ IY I lo7 IY I 1~ IY I IY I IY i IY I IY I mY I IY I IY I IY I IY I mY i IY I IY I IY i IN I IY I IY IY IY I IY I mY IY IY IY IY IY IY I IY I IY I IY i IY I IY I IY I IY IY I mY I IY I IY IY i IY I IY i iY I IY I mY I IY IY IY IY IY IY IY IY IY IN I mY I IN I IN I mY I IY IY I IY I IY I IN IY IY IY IN IN IN IFR[ IN IN I IN I Iv I LAKER I LNCER & FLYER IY I LAKER, SAILOR &IY FLYER i FLYER IN I LAKER & SAILOR IY I LAKER, WORD OF mY MOUTH LAKER, SAILOR &lN FLYER LAKER IN FLYER IY LAKER FLYER IY ILAKER IY I LAKER & SAILOR IY I LAKER & SAILOR IY I LAKER &SA]LOR, IY FLYER FLYER IY I NE~LETTER IY I !LAKER & FLYER IN I FLYER IY I LAKER, SAILOR, IY NEWSLETTER & FLI LAKER IY I LAKER, SAILOR, IN FLYER I LAKE, SAILOR, NEWSLETTER LAKER, SAILOR I NEIGHBOR IY I FLYER IY I FRIEND IY I GARBAGE GARBAGE SPECIAL PICKUP DUMP LAND F ILLS GARBAGE, DUMP GARAGE SALE ISTORED IN GARAG IE IDIDN'T RENT DUMPSTER GARBAGE HAULER MENT TO DUMP HAULED TO DUMP PAID TO HAUL PAID TO HAUL HAULED AWAY TOOK TO DUMP DIDN'T DIDN'T TOOK TO WATERTOWN BURNED, GARBAGE ISTORED IN GARAG GARBAGE LAND F I L L BROUGHT TO DUMP STORED THEM GARBAGE & SALVATION ARMY PAINT NO NO PLASTIC & TAR PAPER NO SHEETROCK CONCRETE NO NO NO NO NO NO NO NO NO NO NO NO LAUNDRY TUB NO CONCRETE BLOCKS MO APPLIANCE- NO TRAILER MO MO NO #lo I#111#12l#131#14 ICOmENTS ................ +...+...+...+ ................................. TRAFFIC IY IY I I WORKED GREAT IY IY I I TRAFFIC & mY I LOCAT]ON BETTERI I MORE HELP ON IY IY HEAVY ]TENSI I IY IY I I ]NCLUDE Id(3~E IY IY ITEMS I I IT WAS FINEIY IY I I TWICE A YEAR IY IY GREAT Y BIGGER AREA Y Y Y IY IN IY IY IY IY I I CHEAPER mY Iv I I IY IY IY IY HELP ELDERLY IY GET STUFF THEREI TAKE PLASTIC IY ACCEPT CEMENT IY IY TAKE JUNK CARS IY I 2 WEEKS IN IY SPRING-NO FALL MOVE TO LOCALE IY OUT OF TO~N OFFER PICK UP FOR A CHARGE IY IY I I. I IY IY I IH/AlY I IY IY I IY IY I mY NINNETRI STA I IH HOUND I IY ~ouND I IN HOUND I IH HOUND I IN MINNETONKA B I EACH IY MINNETRISTA I IN ~OUND I I N DELANO I IN ~OUND I IN #INNETRISTA I IY #OUND Y MOUND Y HOUND N MINNETRISTA N IdOUND MOUND N HOUND N :MOUND I Y MOUND I IH MINNETRISTA I I N INOdND I N MOUND I IN ~OUHD I IY MINNETRISTA IY MINNETRISTA Y APPRECIATE SERVICE A BID THANKS CONCERN ABOUT COSTS NOT LOCAL PEOPLE HUGE SUCCESS WELL ORGANIZED GREAT COMPLAINT ABOUT TRAFFIC GREAT SERVICE GO00 WORK - USE VOL STUDENTS TO HELP GOOD - COULD USE PICK-UP FOR SEMI' GO00 - COULD USE PICK-UP FOR SENIORS IGREAT SERV]CE GO00 CIVIC COOPERATION VERY ORGANIZED BRAVO - VOLUNTEERED SERVICES SEVERAL WEEKENDS IN RON ] NCONVEN I ENT- PROJEC TOO BIG FOR LOCATIO SENIORS NEEO HELP HAULING ITEMS THANKS -4- REC# I#1 I~ I~ I~ IX ~S I~ ..... 4'- - -4'- - -4-- - -4'- o -4' .................... 4. .................... jY IY IY I I I I I I I I I I I I il? Iv IY IY 118 IY IY IY I ~19 IY IY IY I 120 IY IY IY I 121 IY IY IY i I I ? IY IY ~ I I ~2] IY IY IY I l~ IY IY IY i2s IY IY IY 126 IN IY 127 IY IY IY ~28 IY IY IY ~30 IY IY IY I 132 IY IY IY I ~3S IY IY IY I IY IY IN I" IY IY IY IY IN I IN LAKER I IN LAKER I IY IY IT IY I IY I IN IN IY IY IN 1~ JY IY IN ITH I" IF 1'.- IY IY I IY i LAKER, SAILOR, ]y NEWSLETTER LAKER, OTHERS IY FLYER Iy FLYER Iy LAKER & FLYER IY FLYER Iy FLYER Iy DROVE BY IY FLYER IY LAKER Iy LAKER, SAILOR, IY FLYER LAKER, SAILOR, IY SIGN LAKER Iy IY I IY I LAKER, SAILOR IY LAKER, SAILOR NEWSLETTER IY LAKER Jy LAKER, SAILOR SAILOR, FLYER LAKER LAKER, SAILOR, NEWSLETTER FLYER FLYER Iy LAKER, FLYER FLYER Iy SPECIAL GARBAGE HAULER GARBAGE & HAULED TIRES TRASH, PAY DUMP GOGOWI LL GARBAGE GOODWILL & 'GARBAGE STORED THEM OR GARBAGE LEFT ON PROPERT Y OR LANDFILL STORED LANDFILL GARBAGE TO0~ TO WOOD- LAKE STORED IN GARAGE GARBAGE DIDN'T GARBAGE GARBAGE GOODWILL GARBAGE DUMP STORED IN SHED GARBAGE LEFT IN YARD DIDN'T GARBAGE GARAGE VERY "CRCNdDED YARD & BASEMENT GARBAGE GARBAGE NO STYROFOAM OIL BOTTLES CONCRETE, PATIO BLOC LEAVES NO NO ENGINE OIL rCONCRETE, 'AIR MATT NO NO NO NO PLASTIC NO NO FOAM BACK CARPET NO l#10 PLASTIC IBRING PLASTIC Iy IY IY ~ I ~qUCKETS, ETC. NO 'TRAFFIC IY IY IN MOUND I I I IY IY IN <uNo I START 1 OR 2 IY IY IN MOUND/ORONO WEEKS EARLIER IY IY I" MINNETRISTA I IY IY IN MINNETRISTA I I I ADD ITEMS' IY IY IY CONCRETE J I I IY IY I" 'ADD OIL 1#111#121#13 #14 COMMENTS MINNETRISTA GREAT PROGRAN IYmY IY I IY IY I. I IY IY I. IY IY IY IY IY IN ADD PLASTICS, IY mY IN CARDBOARD I IY IY IN I LARGER AREA IY IY IN ]NCLIJDE WEEK IN IYN I" NIGHT IY IY IN IY IY I" OPTION OF PZCK IY IY l" uP I I I IY IY l" I I I ADD PLASTIC IY IY IN IY IY IN IY IY IY IY IY I" ADD EVENING IY IY IY IY IY IY I EXCELLENT HELPFUL SERVICE THANKS INDEPENDENCE GREAT MOUND HOUND HOUND MOUND MOUND NINNETRISTA 'MINNETRISTA MOUND MOUND HOUND MOUND WELL DONE & STAFFED MUCH NEEDED SERVICE VERY WELL RUN VERY WELL ORGANIZED NEED PICK-UP GREAT - TOO LONG TO WAIT THANKS - CLEAN-UP MOUND MINNETRISTA WELL ORGANIZED MOUND NINNETRISTA MINNETRISTA MOUND MOUND HOUND I¢OUND HOUND NEED PICK-UP - CLEA UP MOUND GREAT PROGRAM WELL ORGANIZED GOOD WORK - KEEP CITY CLEAN GREAT - SHOULD CHARGE NONRESIDENTS GOGO WORK '5- REC# I*~ I#Z IfS I~ 1~5 1~6 If7 1~8 ..... +- - -,I,o - -'1'- - -+ o o -+- --"1' ............... '1'- * -'1' ~ IY IY I I 137 IY IY ~8 IY IY ~39 IY 140 IY 141 IY 144 Iv 145 IY I 146 Iv I 147 IY I ~48 IY I I ~5o IT ~5~ IY I 152 IY I 153 IY I 154 IY 155 IY ~56 IY 157 IY 158 IY 159 IY 16o IY ~6~ IY 162 IY IY I IY I IY I IY IY I IY IY I I IY IY I I IY IY IY IY IY i iv I IY I IY IY IY IY I IY I IY I IY IY IY IY IY IY IY Iv IY IY IY IY I IY I IY I IY I Iv IY IY I Iv I IY I IY IY IY IY IY I IY I IY I IY I IY I IN IN IY IY IY IY I mY I IY I mY IY IN ITM IY F IY I IY I IY IN IY IN LAKER, NEUSLETT ER SIGNS FLYER LAKER LAKER, SAILOR SAILOR LAKER, SAILOR, FLYER LAKER, SAILOR LAKER ILAKER LAKER, JOYCE IY I ILAKER IY I FLYER IY I LAKER IY I FAMILY IY I LAKER, FLYER IY I LAKER, SAILOR IY I FLYER IY I LAKER IY DRIVE BY Y LAKER, SAILOR & Y FLYER LAKER Y LAKER, SAILOR, IY NEWSLETTER NEWSLETTER IY I FLYER IY I ILAKER IY I I ILAKER & FLYER IY I IY IDIDN"T I IY IY GOOOWILL IN IY BASEMENT IY KEPT THEN I Y GARBAGE IN DIDN'T I Y GAR SAGE I Y IGARBAGE I I IGARBAGE - STORE I IN GARAGE I STORE UNT i L RECYCL I NG LANDFILL IN LORETTO BASEMENT DUMP GARBAGE OR BACK YARD IGARBAGE & RECYCLE LAYED IN YARD 1ST TIME 1ST TiME GARBAGE GARBAGE LANDFILL LANOFILL LANDFILL COLLECTEO THEN 1#~1#~21#~31#~4 C(~MENTS ........................... +...+...+...+ ............................... NO NO FOAM BACK CARPET CATALOGS PAINT PLASTIC NO NO NO NO PiCK UP LARGE ITEMS TRAFFIC NELL DONE GREAT GREAT NO NO NO IGARDEN HOSE NO NO NO NO NO NO NO NO IN IY I I IY IY I IY IY I IY IY I mY IY I I IY IY I t IY IY IY IY IY IY IY i IY I mY I IY I IY IY IY IY IY IY I IY I IY I IY I IY IY I mY I IY IY mY IY IY I IY I IY I IY IY IY IY IY IN IN I IY I IN I IN I IN I IN I IN I IN I I IN IY IY IN IY IY IY IY IY MOUNO HOUNO ~3UNO i SLANO PARK MOUND M I NNETRISTA MOUND HOUND MOUND MOUND MOUND MOUND HOUND MOUND HOUND MINNETRISTA MOUND MOUND NAVARRE MOUND HOUND NOUND MOUND HOUND MOUND NC)UNO GREAT GOOD SHOU THANKS APPREICATE IT GREAT IDEA FiNE RESIDENTS THAT STILL NAVE JUNK VERY GOOD GREAT SERVICE - CONT [ NUE ICONT 1NUE THIS GREAT la3~K GREAT JOR APPRECIATE THE PROGRAM GREAT IDEA -6- 167 [Y ~69 IY 170 IY 171 IY 1~2 IY IY IY I I IY I IY IY [Y IY IY I I IY IY I I IY IY I IY IY I IY IY IY IY [Y IY IN IY IY IN IY I IN I IY IY IY IY I" FLYER [Y LAKER IY LAKER & FLYER JY FLYER IN SAW SIGN IY I IN I LAKER, NEWSLETTIY ER LAKER, FLYER IY LAKER & SAILOR IY LAKER & SAILOR IY FLYER IY ,8 I~ I#~o 1#~1#~21#~31#~4 Ica~ENTS ............... + .......... ~ ............... +o..~...+...+ ............ ~ ................... CCXJNTY DUNP ]NO I, No GARBAGE DUMP OTHER DITY HAULED AJdAY LANDFILL CURBSIDE PICK-UP STORED OR GARBAGE GARBAGE NO NO GARDEN HOSE PAINT, OIL 'AERESOL NO NO ADD OIL DROP IY I IY I c.~ jOR IY I IY I HORE CLOTHING I SPACE I IY I IY I IY I IY I NEEO PICK UP I I DIDN'T IY mY IY IY IY IY mY iY mY iY IY IN M(~JND IN MOUND IN ~ND IY MINNETRISTA IY NINNETRISTA I IN #OUND I IY MOUND IY MOLJND IN MOUND NINNETR[STA IN NC)UNO I GREAT-~KES Y~ FEE GOOD CONS]DER PEOPLE lilT BRUSH & TRASH CITY SHOULD FINE FO TRASH IN YARDS HAPPY AS A LARK GOOD liAY TO GET RID OF THINGS -7- O~ ~° 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 00 0 -I~ 0 0 ~;) ooooooo ooo ~ 0 ~ ~ 0 0 0 0 ~ 0 0 ~ 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 ~ ~ o o o . o ~ o ~ o o o o o · o o 0 ~0 0 0 0 0 -M 0 0 0 0 O~ O~ e-~ ~.0 ~0 0 0 0 0 0 0 0 0 0 (~ 0 O~ 0 0 -M 0 0 ',~ 0 0 ~ Cq ~ ~,. Cq ,~D O~ ~'~ 0 0 0 ,-~ ,-~ ,-I ~ o'~ o'~ ~ O0 "~,~ · '00 0 · ~ 0 '~ ~0 o o 0 o o 0~ -M 0 o o o o o o o o o ~ o ~ o o o o 00 0~ o o o o o o o o o o o ~ ~.~ ,,D 0 0 0 0 0 I.~ 0 ~0 ~0 c0 Ot~ .to 0 0 0 .~ 0 0 0 0 o o o o 0 o ~D 0 0 0 0 ~ ~ o o ,il o 0 0 0 c~ 0 0 0 0 L~ 0 0 0 0 0 0 0 0 0 0 0 0 0 (~ 0 L~ 0 0 0 0 0 0 0 ('~ ~1 ,~ ,'~ ,~ ~ f~ ~ m~ ~D 0 ~ ~ ~0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 cO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO 0 0 0 0 0 0 0 o o I ! 0 0 0 0 0 0 0 0 ~ ~ o o o o o o o o o o o ~ 0 [ ! ! ! I 1, i ! Ii I ~, 0 0 0 0 0 0 o~u° J 0 ~ 0 0 0 0 0 0 e-~ 0 0 0 0 ~ 0 ~ 0 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ! 0 o~u° Minnesota Association of Housing Code .... 250 South 4th St. Room 300 Minneapolis, MN 35~1't.~'-IVI''U May 18, 1993 MAY ~ D 1993 Mr. Jon Sutherland Building Official City of Mound 5452 Maywood Road Mound, Minnesota 55364 Dear Jon: Thank you for your recent inquiry regarding MAHCO's work in pursuing a statewide housing code. MAHCO was founded on the premise of providing uniformity in inspections through certified housing inspectors using a common housing maintenance code, to ensure Safe, decent housing throughout the.State. Based on this premise, MAHCO set out to develop a certification program for housing inspectors and to develop a housing maintenance code that would be adopted on a statewide basis. MAHCO spent a great deal of time and effort reviewing many different housing maintenance codes, inclucing ICBO-Uniform Housing Code; Southern Building Code; BOCA-Property Maintenance Code; as well as local codes such as Minneapolis and St. Paul's Housing Maintenance Codes; and found the BOCA Property Maintenance Code to be a far superior code. We have since been working with BOCA to develop a certification program for all Housing Inspectors, and further have been in contact with State Representative Andy Dawkins to sponsor legislation for the statewide adoption of the BOCA Property Maintenance Code. The Certification program is already under way and a BOCA Housing Inspector Certification test should be available within the next 18 to 22 months. Andy Dawkins has indicated that he would tentatively be presenting a Bill in September or October of this year for the statewide adoption of the BOCA code for 1994. As I had indicated to you previously, MAHCO's President Jim Mlodyzniec, Past President Jose' Cervantes, and I would be happy to meet with you and your council if we can be of assistance. If you have any further questions, please feel free to contact me at 537-8421. RespeCt ful~ ~ i' ";,': ', . .__~'_ Karen Barton Vice President MINUTES OF A MEETING OF MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MAY 13, 1993 Present were: Commissioners Lyndelle Skoglund, Brian Asleson, Tom Casey, Shirley Andersen, Marilyn Byrnes, and Steve Kirshbaum; Council Representative, Andrea Ahrens; Parks Director, Jim Fackler; Dock Inspector, Tom McCaffrey; and Secretary, Peggy James. Commissioners Carolyn Schmidt and Mo Mueller were absent. Schmidt was excused. The following persons per also present: Dean Hanus, Mark Hanus, Lin Terwilliger, Joel & Sandra Laskey, Mary Faith Bruce McComb, and Peter Meyer. ' MINUTES MOTION made by Casey seconded by Byrnes to approve the Park and Open Space Commission Minutes of April 8, 1993 as written. Motion carried unanimously. AGENDA CHANGES Byrnes requested an item be added to the agenda, but did not disclose the subject, the chair noted this would be item 4.a. Asleson commented that he would like to review with the Park Commission his meeting at the City of Minnetrista regarding the trail system; this was added as item 5.a. Dean Hanus of 4737 Island View Drive, questioned why he was so far down on the agenda, when he is sure he was the first one to submit his application, and he thought the policy was to review the cases in the order in which they are received. The Parks Director responded that he is responsible for setting the agenda, and stated that he placed those requests early on the agenda which he thought would take less time to review. The Parks Director announced the dates the applications were received, as follows: Faith 3-29 Laskey 4-19 James 3-29 Terwilliger 4-20 Hanus 3-23 McComb 5-5 Kirshbaum suggested the applications be reviewed by the date they were received. Casey and Skoglund both commented that people who are at the meeting may be relying on the agenda order. Anderson suggested that James be moved last as the applicant is the Secretary and will be present through the entire meeting anyway. The consensus was to move forward with the present agenda with the exception of moving James last, and in the future the applications will be reviewed in the order in which they were received. Park and Open Space Couission H£nutes Nay 13~ 1993 Charles and Mary Faith, 4625 Island View Drive, Block 1, Lot 10, Devont Dock Site ~41319. LAND ALTERATION TO TRIM VEGETATION. Jim Fackler, Parks Director, reviewed the applicant's request for a permit to trim trees and also cut sumac to enhance the view of the lake from their house, and to reconstruct the existing dilapidated stairway to their dock. The City's new Shoreland Management Ordinance allows limited clearing and trimming of vegetation on steep slopes to provide a view to the water from the principal dwelling site provided that screening of structures is not substantially reduced. The trees can be trimmed in a manner appropriate for removal of branches to benefit the trees. Healthy trees and plants with healthy root systems must remain intact to prevent erosion of the steep slope. Staff must conduct an on-site evaluation with the applicant or a licensed tree trimmer hired by the applicant. All trimming must be removed from the site and cost of removal and trimming is the applicant's responsibility. Dead and dangerous material can be removed at the direction of staff and one hazardous branch was recently allowed to be removed. The existing stairway is in poor condition and the permit is expired. Miscellaneous electrical work is evident on Devon Commons and no permit is on record for this work. A portion of a fence is on Devon Commons, shared with 4617 Island View Drive, and there is no permit. The owner states the fence belongs to the neighbor. There is also water supply piping from the house to wash boats, etc., and again, no permit. Staff recommends approval of a Land Alteration Permit for the trimming of vegetation and approval of a Construction on Public Lands Permit to replace the stairway, subject to the following conditions: Only one occasion permitted for trimming and minor clearing of trees and sumac, as directed by staff. The existing stairway must be replaced to code in the same location. A plan must be submitted and approved by staff prior to any construction. Ail electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on Devon Commons. All power supply to the commons from 4625 Island View Drive must be disconnected by a qualified electrical contractor until such work is approved by the City Council. The applicant must verify disconnection with City staff. The fence must be removed. 2 /Fl/ Park and Open Space Comuission Ninutes PAy 13, 1993 o The water supply piping may remain upon the condition that the installation be approved by the City Plumbing Inspector. The applicant must verify with City staff. The applicant shall be responsible for the plumbing permit and any inspection fees that result. 6. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicant,s dock license will not be issued until compliance has been achieved. The applicant, Mary Faith, addressed the Commission and stated that they just purchased the house in January. The hillside on the Commons is full of debris. She stated they would prefer to disconnect the electrical and water services. She also asked if they can disconnect the services rather than hire a licensed contractor. The Parks Director noted that work being done on public property requires a licensed contractor; staff will verify this with the Building Official. She also stated that they would prefer to repair the stairway versus totally replace it. Ahrens noted that the applicant did not note on the application form that they want to replace the stairway. The Parks Director noted that after a site visit and discussions between the applicant and Building Official it was the intent of the applicant to fix the stairway. Ahrens requested the applicant amend their application form to reflect their request to repair the stairway. NOTION made b~ Skoglund, seconded by Byrnes to recommend approval of the Special Permit as recommended by staff. Notion carried unanimously. This request will be heard by the City Council on May 25, 1993. Jo~l & Sandra Laske¥ (1749 Sumach Lane), Abuttinq Address .4901 Thre. ~o~nts Blvd., Lots i & 2, Block 4, Shadywood Point, Dock S~te ~02930~' CONSTRUCTION ON PUBLIC LANDS TO CONSTRUCT ~EW STAIRWAY. Jim Fackler, Parks Director, reviewed the applicant's request for permit approval to construct a new stairway to their dock site which abuts Three Points Blvd. There currently is no access by stairs to this dock site and the terrain is such that a stairway is necessary. The plans submitted by the applicant are not to scale and are inadequate for permit issuance. It is possible to construct a code conforming stair at this site and the applicant will need to work directly with the Building Official and revise the plans to accurately reflect the conditions and provide a safe stairway. This site is subject to some erosion potential, cutting and trimming of vegetation must be kept to a minimum and be supervised by the Parks Director who will also keep track of the shoreline maintenance. This area is currently being considered for riprapping. Staff recommended approval of the Construction on Public Lands Permit subject to the following conditions: 3 JI I I I I Ii I ~ Park aad Opea ~pace ~om£ssioa Miaut~s 1993 The stairway shall be constructed according to Building Code and the plans must be approved by the Building Official prior to beginning any construction. Cutting and Trimming of vegetation shall be kept to a minimum and be supervised by the Parks Director. The permit shall expire five (5) years from the date of City Council approval. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicants dock license will not be issued until compliance has been achieved. Chair Skoglund read a letter received from Nancy Gardner who resides across the street from the proposed stairway location, as follows: ~I object to the land use application to construct a new stairway for the following reasons: It was unclear to me and the Mound official who visited the site on Wednesday, May 12, 1993, whether this was an existin9 approved dock site or a new one. The state marked "Laskey was directly above the Hawley dock, and the permit application papers gave no measurements for the exact location of the proposed stairs. I feel we need more information to make a 9ood decision. The shoreline slope to the north of the Hawley dock increases very sharply. Clearing trees and ground cover would cause erosion and damage the shoreline. The three existin9 docks have only one boat moored to each dock at this time. Have the Laskeys explored sharing the existing docks? The existing stairway and pathways down to the docks are eroded and unsafe. Perhaps one central stairway with a horizontal walkway that connects to each dock could be built instead. If this is a new dock site, I feel there will be parking problems at Three Points. My neighbor across the street has multiple slips in front of his house, and there is congestion in the summer from those slips. The shore is littered with dead trees, refuse and old tires. There is a Shore-station dumped half-way up the bank. I realize these are not problems caused by the Laskeys, but they speak to the lack of adequate maintenance and general problems with the docks and their upkeep. I think we need more information, and other options need to be explored so that the Park Commission can make a wise decision, one that will benefit all parties and also preserve Lake Minnetonka." The Dock Inspector clarified that this is an existing dock site which has not been utilized in the past because it needed a stairway. It is difficult to share a dock in this location because the docks are only three sections long due to the deep water, and due to the topography, it would be impractical to have one stairway jointly used with a walkway at the shoreline. Kirshbaum commented that he is opposed to joint stairways. The Dock Inspector stated that currently there is only one stairway on public land being used by two parties. Casey stated that the Park and Open Space Commission should talk about a policy on when to encourage shared stairways, and Byrnes agreed. Park and Open Space ~ommiss£on M&nutes Nay 13, 1993 The applicant confirmed that the dock has already been installed. The Commission confirmed with staff that he has one year from date of approval to install the stairway and questioned if it is hazardous to allow him to use the dock without having a stairway to traverse the steep slope. It was noted that the recommendation for James' request included a condition for approval which states, "The Maintenance Permit must be renewed with change in Dock License holder.,, It was suggested this condition be included in Laskey's approval to be consistent. Skoglund addressed the issue of adequate parking, and the applicant stated that the dock is in walking distance from his home. MOTION made by Kirshbatun, seconded by Asleson to recommend approval of the request as recommend by staff with the inclusion of the following condition: "The Permit must be renewed with change in Dock License holder.', Motion carried unanimously. The Commission noted that the approval for Mary Faith should also include the same condition. This request is scheduled to be heard by the City Council on May 25 1993. , ~illard Wayne and Lin Terwilliqer, 2945 CAmbridge Lane, Lots 9 & 10, ~lock 34, Wvchwood, Dock Site ~50970. CONSTRUCTION ON PUBLIC LANDS T£ ~EPLACE EXISTING STAIRWAY. Parks Director, Jim Fackler, reviewed the applicant,s request for a permit to replace an existing dilapidated stairway approved by previous City Council Resolution #78-305. The Building Official has reviewed the plans with the contractor on-site and determined the proposal is consistent with the Building Code and well suited for the site (with the exception that the landing must be a minim~]~ of 36" x 36"). In 1978 the existing block retaining wall was recognized in the application for a Maintenance Permit by Lewis R. Pavlo. A portion of the wall appears to be both on commons and the applicant's property. A new survey is pending from the applicant and this should detail further the conditions actually on the commons and the issues raised on the status sheet. The survey was not available at the time the report was prepared. Staff recommended approval of the request to re-build the existing dilapidated stairway subject to the following conditions: The stairway shall be constructed to code as approved by the Building Official. Park and Open Space Commission H~nutes May 13, 1993 The permit shall expire five (5) years from the date of City Council approval. If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicants dock license will not be issued until compliance has been achieved. Staff confirmed the existing retaining wall is in good condition. MOTION made by Skoglund, seconded by Byrnes, to recommend approval of the request as recommended by staff· Motion carried unanimously. This request is scheduled to be heard by the City Council on May 25, 1993. Dean Ranus, 4737 Island View Drive, Block 7, Lot 7, Devon, Dock Site ~42351. CONSTRUCTION ON PUBLIC LANDS TO CONSTRUCT STAIRWAY LANDINGS. Parks Director, Jim Fackler informed the Commission that the City is currently in litigation with the applicant regarding construction and reconstruction work on Devon Commons without permits. This report has been reviewed by the City Attorney and was adjusted accordingly. Fackler reviewed the applicant's request for permit approval to construct a 3' x 12' upper landing attached to the existing boathouse and a 6' x 6' mid landing for the stairway. The original stairway was constructed without a permit and portions have been removed according to City Council order. Backqround and Comment~ Stairways are considered permissible by the Use Plan for Devon Commons and also by the new Shoreland Management Ordinance (see attached City Code Section 350:1225, Subd. 3. B. 1. - 5. and Subd. 4. The applicant's request includes anchoring the upper landing to the boathouse that has been ordered to be removed by the Council. This request is directly contrary to the City's prior order. Approval of connection would conflict with City Council's decision of December 10, 1991 and May 26, 1992. In an attempt to resolve future conflicts and to coordinate expiration dates, staff will address all issues on the site at this time. Ail conditions on the site should be evaluated in processing this request according to the Flow Chart, the new Shoreland Management Ordinance (SMO), City Code Section 320, and the Use Plan for Devon Commons. Uses inconsistent with applicable regulations should be discontinued at the earliest opportunity. Each single request is only a small part of the publicly owned and managed shoreline, and the whole section of Devon Commons in this area should be considered, including the general topography of the shoreline, the immediate topography of 6 Park and Open Space Commiss£on Minutes Hay 13, 1993 adjacent properties, and the transition of one property to the next. The cumulative effect each micro project has on the public shoreland must be in sync with the ultimate plan that is defined by the collective regulations to protect and preserve the public's right to use the public lands. Other issues Recoqnized by Staff 1. Applicant's request (lower stairway). 2. Upper timber stairway (never permitted, City did not order removed). 3. Retaining Walls (never permitted, City did not order removed). 4. Guardrail on lake side of patio area (never permitted). o Patio Area. Currently covered with patio blocks, this is predominately a hardcover surface and was recognized by Resolution #78-372. The City's goal at that time per the Flow Chart was "Renewable up to 3 years contingent on the City's Use Plan." A walkway up to a maximum of 6 feet in width may be allowed to tie the two stairways together. 6. Flagpole located in the patio area. 7. The wire fence on the east side of the property on Devon Commons. 8. Miscellaneous Electrical and Low Voltage Lighting. staff Recommendation Staff recommended approval of a Construction on Public Lands Permit for the stairway subject to the following conditions being incorporated into a Resolution granting a Special Permit for the City Council's consideration: The size of the upper landing shall not exceed 3' wide by 4' long and shall not be attached to the boathouse. The smaller landing size is consistent with the SMO and reduces the impact to the shoreland. The mid-landing within the stairway shall not exceed 4' x 6'. The smaller size is still large enough to maneuver items to and from the lake and represents less impact to the shoreland. An alternative would be to change the location of the stairway to provide for less impact (note original location on 1974 survey). If the stairway location is changed, a new plan would have to be submitted. The upper timber stairs may remain subject to the installation of an approved handrail and guardrail on all stairs. Park and Open Space Comu£ss£on Hinutes May 13, 1993 0 0 10. Retaining walls may remain subject to the owner acknowledging that he constructed these walls and is responsible for their maintenance and or removal. Remove guardrails and replace with appropriate plantings to deter access at the top of all retaining walls. Hardcover decks/patios are no longer consistent with the SMO. The patio area should be restored to a natural condition and planted with natural vegetation that facilitates screening of the retaining walls and buffers the visual impact of the shoreland. A landscape plan for the patio area must be prepared by the applicant and approved by the staff. The flagpole must be removed or relocated to private property. Remove the wire fence located on the property line. Ail electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on Devon Commons. All power supply to the commons from 4737 Island View Drive must be disconnected by a qualified electrical contractor until such work is approved by the City Council. The applicant must verify disconnection with staff. The applicant shall be required to agree in writing to the terms set forth in the Special Permit. The Special Permit will expire one (1) year from the date of City Council approval and agreement by the applicant to be bound by the conditions. In one years time staff will evaluate compliance. If compliance has been achieved, the City Council will have the opportunity to renew the permit for up to five years, according to the Flow Chart, or may amend the permit to include other conditions beneficial to the public. If compliance has not been achieved within one year of date of approval of the permit, staff recommends the applicant's dock license not be issued until compliance with all provisions and conditions set forth in the Special Permit. The property owner shall have the responsibility of filing and recording the resolution approving the permit with Hennepin County as a notice to any purchaser or party of interest that Lot 7, Block 7, Devon is subject to the restrictions and conditions of the Special Permit, and paying all costs for such recording. Proof of recording must be filed with the City Clerk within thirty days or the Special permit shall be cancelled. 8 Park and Open Space Commiss£on Minutes Hay 13, 1993 Applicant's Response to Condition~ Dean Hanus expressed the following and concerns on each condition: 1. ~andinqs. He can live with it. Attaching the stairway to the boathouse will minimize the impact and he would not have to install an additional post, but he can comply with this condition. 2. Upper timber stairs. He is okay with this condition, even though he is not sure a handrail is required by code. 3. Retaining walls. He commented that it is common knowledge that he constructed these walls. The walls need no maintenance, they are maintenance free, and to remove them would be unreasonable. He agreed that language could be added stating that if retaining walls degrade to a hazardous condition that it is the applicant's responsibility to replace the wall. The Parks Director can discuss language with the City Attorney. 4. guardrails. Does not want to remove guardrail for safety reasons. 5. patio. He feels ~4 above and #5 should be combined. He would agree to remove the tiles and replace with seed or sod, he would like the guardrail to remain, and will add plants to buffer the guardrail. He would like the City to help with the cost of plantings. o Fl_~ole. The flagpole is not a big deal and has nothing to do with the landings, but if that is what it takes, he will remove it off of Devon Commons. Fence. He agrees to remove the fence off of Devon Commons. Electrical. He does not feel this issue should be addressed at this time due to the pending litigation and the electrical service is a part of the boathouse. The City has agreed to let the courts decide. Fackler suggested the power be cut until the boathouse issue is resolved. Hanus does not want to disconnect the lights on the walkway for safety reasons. The Commission discussed the need to review their policy for Lights on Public Lands. It was suggested the language in the condition be amended to include the power be "temporarily,, disconnected. 0 ~erms for Compliance. Hanus commented that the way this condition is written implies that even if he complies to all the conditions, the City Council may not approve a permit. He wants the City obligated to renew the permit, he wants some type of guarantee. The Commission agreed to automatically give him a permit for four years if after one year compliance to the conditions has been achieved. 9 ,11 J I i J ii ~ i Park and Open Space Commission M£nutes Hay 13~ 1993 10. Filing Resolution. Hanus does not agree with this condition as it presents a negative flag on the property. He is suspicious of the reason for this condition. MOTION made by Asleson, seconded by Ahrens to recommend approval of the request to construct landings on Devon Commons as recommended by staff with the foil.wing amended conditions: The size of the upper landing shall not exceed 3' wide by 4' long and shall not be attached to the boathouse. The smaller landing size is consistent with the SM, and reduces the impact to the shoreland. The mid-landlng within the stairway shall not exceed 4' x 6'. The smaller size is still large enough to maneuver items to and from the lake and represents less impact to the shoreland. An alternative would be to change the location of the stairway to provide for less impact (note original location on 1974 survey). If the stairway location is changed, a new plan would have to be submitted. The upper timber stairs may remain subject to the installation of an approved handrail and guardrail on all stairs. Retaining walls may remain subject to the owner acknowledging that he constructed these walls and is responsible for their maintenance --~ ........ · ......... · ... If the retaining walls degrade to a dilapidated condition, it is then the abutting owner/applicant's responsibility to replace the wall. (The City Attorney should clarify language.) 0 guardrails may remain if they are buffered/screened with plantings as approved by staff. Hardcover decks/patios are no longer consistent with the SMO. The patio area should be restored to a natural condition and planted with natural vegetation that facilitates screening of the retaining walls and buffers the visual impact of the shoreland. A landscape plan for the patio area must be prepared by the applicant and approved by the staff. The flagpole must be removed or relocated to private property. Remove the wire fence located on '~-- ....... ~-v~--z''' .... ':-- Devon Commons. All electrical work on public property is required by State law to bo installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector· The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on 10 Park and Open Space Cosmissioa M£nutes May 13, 1993 Devon Commons. All power supply to the commons from 4737 Island ¥iew Drive must be tem~ disconnected by a qualified electrical contracto~--~ntil such work is approved by the City Council. The applicant must verify disconnection with staff. The applicant shall be required to agree in writing to the terms set forth in the Special Permit. The Special Permit will expire one (1) year from the date of City Council approval and agreement by the applicant to be bound by the conditions. In one years time staff will evaluate compliance. If compliance has been achieved, the permit will be extended for four (4) years If compliance has not been achieved within one year of date of approval of the permit, staff recommends the applicant,s dock license not be issued until compliance with all provisions and conditions set forth in the Special Permit. The Commission discussed the possibility of the City sharing the cost for plantings with the applicant. It was determined this issue should be addressed by the City Council. Byrnes commented that it is unfair to the Park and Open Space Commission to have to make a recommendation on this request without the Building Official and City Attorney present. MOTION carried 6 t~ 1. Those in favor were: Andersen, Asleson, Byrnes, Kxrshbaum, Skoglund, and Ahrens. Casey opposed. This request is scheduled to be heard by the City Council on May 25 1993. , Bruce A. McComb, 3005 Briqhton Blvd., Lots 2, 3, 34 & 35, Block 15, Arden, Dock Site ~50640. LAND ALTERATION TO TRIM BUSHES. Parks Director, Jim Fackler, reviewed the applicant's request for permission to trim existing lilac bushes down to 8 feet in height. 11 Park and Open Space eonniss£on Minutes May 13, 1993 The lilac bushes have been on the commons for some time and they partially block access up and down the length of the commons. It is the position of the Parks Director, who has considered this situation for some time, that they should be removed up to the applicant's property line eliminating this obstruction and providing clear access at this point. It is the opinion of the applicant that the lilacs provide a hedge and added privacy to their property, and they do not want them removed. Staff recommended removal of the lilacs up to the full width of the commons to improve the full width accessibility of this area. Removal, grading and installation of seed and mulch can be accomplished within the existing Parks Department Budget. Note: Future recommendations will include removal of any type of obstructions to access the commons. The applicant, Bruce McComb addressed the Commission and vented his anger towards the Parks Director relating to his recommendation. The applicant reiterated reasons the bushes should be allowed to remain, as follows: Lilacs have been there for 15 to 20 years. The lilacs do not make the property look private, what makes the property appear private is the fact it is mowed. He water and mows the large portion of Common abutting his property, if bushes are removed, he will no longer mow. Access is not blocked by the lilacs. Mr. McComb distributed photographs which shows four people with arms stretched, and there is room for four more, between the end of the bushes and the water. There is 36 feet or more between the end of the bushes and the water. The Parks Director emphasized the need to set a precedent for removing obstructions on the commons and questioned the difference between a fence and bushes, as far as obstructions are concerned. Kirshbaum reviewed the difference between a plant or hedge and a fence structure. He believes 36' in 120' is plenty of access. The bushes should be allowed to remain as long as maintained and not in disrepair. MOTION made by Kirshbaum, seconded by Byrnes to recommend the permit be granted to allow trimming of the lilacs as requested. Casey referred to the flow chart which states "Will the request enhance and encourage the use of the public lands by the general public as defined by the Use Plan?" He questioned if this could be interpreted to mean that the "lilacs could enhance the public lands, but does not encourage the use." 12 Park and Open Space Com~ission Minutes Nay 13, 1993 MOTION carried $ ~? }. Those in favor were: Andersen, Asleson, Byrnes, ~xrsnmattm, Skoglund, and Ahrens. Casey abstained. Casey noted that his reason for abstention is because he did not have the opportunity to personally view the site, and it may be his opinion that the lilacs should not be trimmed, but allow to remain. This request is scheduled to be heard by the City Council on May 25, 1993. Tom and Pe James ~uttln Address 1559 Eaa01.e CONSTRUCTION ON PUBLIC LANDS TO REPLACE EXISTING STAIRWAY. Parks Director, Jim Fackler, reviewed the applicant's request to replace a stairway on Waurika Commons. The stairway is in very poor condition and is used to access their dock. Staff recommended approval of the Construction on Public Lands Permit to allow replacement of the stairway at Dock Site f02040, subject to the following: The applicant is responsible for all costs incurred including installation and maintenance. ' The new stairway shall be in compliance with the Building Code and inspected and approved by the Building Official. The permit will expire five (5) years from the date of City Council approval. e The Maintenance Permit must be renewed with change in Dock License holder. Se If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicant,s dock license will not be issued until compliance has been achieved· MOTION made by Skoglund, seconded by Casey to recommend approval of the request as recommended by staff. Motion carried unanimously. This request will be heard by the City Council on May 25, 1993. TAX FORFEITED PROPERTIES MOTION made by Skoglund, seconded by Casey to recommend to the City Council that a decision on the tax forfeited parcels be put on hold until the Nature Conservation Area plan is approved by the City Council. Motion carried unanimously. 13 Park and Open Space ~osm£ssion M£nutes Nay 13~ 1993 Casey suggested that the Park and Open Space Commission tour these properties as a group so they can discuss their potential CELEBRATE SUMMER Byrnes reviewed established dates and events for the "Celebrate Summer" program, as follows: May 23, Sunday, at 6:00 the Rainbow Kids will sing and they are encouraging families to come to the park with their picnic baskets and listen to the entertainment. June 11, the event will be combined with the Spaghetti Dinner for the Around Mound Run/Walk. Country dancing with a live band will be the event. July 18, the Minnesota Clippers, a barbershop quartet, will entertain in conjunction with an ice cream social. - August is still open. The Westcnka Community Education Board has made it a goal to continue the Celebrate Summer program. LETTER REGARDING COMMONS Marilyn Byrnes received a letter from Violet Sollie who requested it be read at the meeting. Byrnes read the letter aloud, it pertained to commons and their dedications. NATURE CONSERVATION AREAS PLAN - REVIEW PLANNING COMMISSION COMMENTU It was the consensus of the Commission to delay discussion on this issue until the June Park and Open Space Commission meeting. RAILS TO TRAILS Asleson highlighted a meeting he attended at the City of Minnetrista relating to the railroad line abandonment and the potential for the rail line to be used for a future trail system. He stated that he hopes to have a resolution at the next meeting which they would like each City involved to approve implying they are in favor of the rail line to be used for trails. Ahrens commented that the rail line may be needed for mass transit. City Council Representative's Report. Andrea Ahrens reviewed the status of the recycling day and the ways and means of removing the piles of wood, etc. now located on the Lost Lake site. 14 Iqo 5 Park and Open Space Conm£ssion N£nutes Nay 13, 1993 Park Director's Report. Jim Fackler reviewed the status of the Parks Department crew, the installation of the new playground equipment and Three Points Park, and the preparations needed at the cemetery for Memorial Day. Dock Inspector's Report. There are now 390 docks assigned. Ail the people who were on the waiting list have been given a site. There are still sites available, even though they may not be the most desirable. MOTION made by Skoglund, seconded by Byrnes to adjourn the Park and Open Space Commission Meeting at 11:36 p.m. Motion carried unanimously. 15 MINUTES OF A lVlF ETING OF THE MOUND ADVISORY PLANNING COMMISSION MAY 10, 1993 Those present were: Chair Bill Meyer, Commissioners Geoff Michael, Michael Mueller, Bill Voss, Mark Hanus, and Brian Johnson, City council Representative Liz Jensen, Building Official Jon Sutherland and Secretary Peggy James. Jerry Clapsaddle was absent and excused. The following people were also in attendance: Kathleen Spaulding, Gary Spaulding, Dick DeGuise, Rosemary DeGuise, Mark Motzko, Ray and Sue Falls, Richard Sollie, Darlene Sollie, Jeff Ritenour, and Roxanne Ritenour. MINUTES The Planning Commission Minutes of April 26, 1993 were presented for approval. Brian Johnson requested that discussion pertaining to the Nuisance Ordinance be included in the minutes. It was determined that the Secretary will add this to the minutes and resubmit them for approval at the next meeting. Case ~93-012: Gary & Kathleen Spaulding, 5335 Baywood Shores Drive, Lot 4, Block 5, Replat of Harrison Shores, PID ~13-117-24 21 0069. VARIANCE. Building Official, Jon Sutherland, reviewed the status of this request. On April 12, 1993 the Planning Commission tabled this request until further information could be provided. Issues of hardship, reasonable use, and practical difficulty were discussed. It was noted the house was improperly set on the corner lot by not providing enough setback for an entryway. There was the impression that the entryway would create a more condusively designed house for the neighborhood and that other houses in the area also have entryways. The revised survey shows a setback of 22.5' from the proposed addition to Baywood Shores Drive, the required setback is 30'. The existing nonconforming setback to the south property line of 29.01' also needs to be recognized. All other setbacks and impervious surface coverage are conforming. Staff recommended that if lack of hardship or practical difficulty exists the request should be denied. If it is found that practical difficulty exists due to the fact the house was poorly placed on the corner lot and that it is reasonable to allow the further encroachment of 7.5' into the front yard, and further that the addition will create a more condusively designed house for the neighborhood, a favorable recommendation could be made. Planning Commission Minutes May 10, 1993 MOTION made by Hanus, seconded by Mueller to recommend approval of the 7.$' front yard setback variance to the south front property line (Baywood Shores Drive) to allow construction of an entryway addition, and to recoqnize the existing nonconforming front yard setback of 29.01' to the west front property line (Baywood Lane), including the following finding of facts: Practical difficulty exists due to the fact that the house was poorly placed on the corner lot. The proposed entryway addition will create a more condusively designed house for the neighborhood. Michael questioned what the difference is from the original request other than the proposed variance is only a half a foot less. Jensen also commented that she finds it difficult to believe that because the house was improperly placed creates a practical difficulty and that the house needs the additional space as it is already a fairly large house, it is hard to see the hardship. MOTION carried $ to 3. Those in favor were: Meyer, Hanus, Mueller, Voss and Weiland. Those opposed were: Johnson, Jensen and Michael. This case will be reviewed by the City Council on May 25, 1993. Case #93-014: Mark Motzko, 4882 Leslie Road, Lots 11, 12, & 13, Block 21, W¥chwood, PID 24-117-24 41 0178. VARIANCE. Building Official, Jon Sutherland, reviewed the applicant's request for a variance to recognize existing nonconforming setbacks in order to construct a fully conforming entry deck. The resulting variances are 13' to the north front (Monmouth) and 1' to the east side. The impervious surface coverage for both existing and proposed appears conforming to the maximum 30 percent allowed by City Code. Staff recommended approval of the request as the proposal is fully conforming to the applicable requirements of the City Code. Jensen questioned the Building Official's statement that the impervious surface "appears" conforming. The Building Official commented that according to the applicant's calculations the lot conforms to the lot coverage requirements. He also stated that there is existing impervious cover where the deck is proposed to be located so the amount of hardcover does not change. MOTION made by Hanus, seconded by Michael to recommend approval of the variance request as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on May 11, 1993. Planning Co~nission Minutes May 10, 1993 Case ~9J-015: Jeffrey Ritenour~ ~6~6 Bartlett Blvd.~ Lots 11 to 16, Block 9m Mound Bay Park, .PID ~23-117-24 14 0027. MINOR SUBDIVISION. Building Official, Jon Sutherland, reviewed the applicant's request for a Minor Subdivision to create two lots, both of which will be conforming to the minimum lot area requirement of 6,000 square feet. Parcel A is proposed with 8,451 square feet and Parcel B with 6,607 square feet. Parcel A has an existing nonconforming dwelling due to the front yard setback of 11.5' resulting in an 8.5' setback variance which was recognized by Resolutions #91-43 and $92-110. Staff recommended approval of the request for minor subdivision subject to the following conditions: Sanitary sewer and water services either be installed before the subdivision is recorded or some type of guarantee be provided, such as cash escrow or performance bond. 2. Provide entrance and utility installation permits from Hennepin County. e Final Grading and Erosion Control Plan to be approved by the City Engineer at time of building permit application. A park dedication fee be paid as required by City Code of $500 per lot being created. Weiland referred to the applicant's variance application where he stated, "Road was moved many years ago when Mound was first being populated, we found out by old residents". Weiland and Mueller both believed this statement to be untrue. Mueller questioned the amount of fill that will be brought in to construct the house on Parcel B and questioned if the Shoreland Management Ordinance (SMO) has a limit on the amount of fill. He also noted that the survey does not reflect proposed elevations. The Building Official commented that the SMO was reviewed and applied to the application. He suggested that a condition could be added requiring that all grading and filling must comply with the SMO. The Building Official added that the building permit includes grading and filling. Meyer questioned where the future owner of Parcel B will store his boat and other items, noting that with 10 foot side yard setbacks on each side and considering the elevations it would be difficult to store anything at the side of the house, there is not much open space except in the front yard. Hanus referred to condition $4 relating to park dedication and commented that he does not agree with how the ordinance is being interpreted, and feels only one unit should be charged. Weiland Planning Commission Minutes May 10, 1993 recalled that when the ordinance was originally written it was intended to charge a fee for each new lot only. It was determined to add this issue as a discussion item at the end of the agenda. Concern was expressed that the hardcover is maxed out and does not allow for future expansion, such as for a deck. MOTION made by Michael, seconded by Voss to recommend approval of the request for minor subdivision and variance recognition as recommended by staff, including the following conditions: Sanitary sewer and water services either be installed before the subdivision is recorded or some type of guarantee be provided, such as cash escrow or performance bond. Provide entrance and utility installation permits from Hennepin County. e Final Grading and Erosion Control Plan to be approved by the City Engineer at time of building permit application. Cash deposit in the amount of $500.00 be required to offset any direct outside City expenses. A park dedication fee be paid as required by City Code of $500 per lot being created. Motion carried 6 to 2. Those in favor were: Hanus, Johnson, Voss, Weiland, and Jensen. Mueller opposed. Michael, Meyer and This case will be heard by the City Council May 25, 1993. Case ~93-016: Richard and Darlene Sollie, 4936 Glen Elyn Road, Lot. 8, Block 23, Shadywood Point, PID #13-117-24 11 0083. VARIANCE. Building Official, Jon Sutherland, reviewed the applicant's request for a variance to the lot coverage requirements and to recognize existing nonconforming setbacks. A revised survey was received today and results in the following: Required Existing Proposed Variar~e FRONT 20' 20' 0' SIDE EAST 6' 10.1' 5.3' 4.7' SIDE WEST 6' 4.4' -- 5.6' LAKESIDE OHW 50' 49' -- 1' LOT COVERAGE 30% (1914 sf) 47% (2969 sf) 17% (1055 sf) 4 ! I 1, I I Ii I ! Planning Commission Minutes May 10, 1993 The request includes an addition consisting of a second story entry and garage. The applicants intend to remove the nonconforming detached garage and restore this area to green space. The proposed garage is of minimal size and is better suited to the property in its proposed location. The topography on this lot and the need to provide easy access creates a practical difficulty when considering design provisions for the updating that is needed on the home. It appears reasonable to allow some flexibility in the application of the impervious surface provisions of the City Code. Staff recommends approval of the request for variances to recognize existing and proposed nonconforming setbacks and a variance of 1,055 square feet or 47 percent to the maximum 30 percent impervious coverage allowable by City Code with the following conditions: The final grading plan be reviewed and approved prior to building permit issuance by the City Engineer and Building Official. Ail retaining walls greater than 4 feet in height shall be properly engineered. The nonconforming detached garage be removed prior to building permit issuance, or some type of guarantee be provided, such as cash escrow or a bond. Richard and Rosemary DeGuise of 4932 Glen Elyn Road, neighbors to the east, commented on the water problems caused by poor drainage due to the raising of the street when it was improved. They want to make sure that this drainage problem is corrected, or at least improved, if the proposed addition is allowed to be constructed. They also disagreed with the survey submitted by the applicant stating that the property line between them was improperly located because the survey used the wrong stake as an origin. The Building official commented that the City Engineer also expressed a concern with the elevations and drainage. Mueller expressed a concern regarding the amount of hardcover and commented that the front patio is too big and the deck is also very large, and these are items that affect run-off when there is too much hardcover. Mr. Sollie addressed the Commission and stated that the reason for the hardcover driveway is because they are proposing that the garage be elevated higher than the street and with the hardcover driveway will direct the drainage towards the street instead of down the hill to the houses. He agreed that the patio could be reduced in size. Mr. Sollie commented that this is their third set of plans as they have been trying to develop the best plan possible to help correct the drainage concerns. Planning Commission Minutes May 10, 1993 It was noted that if the survey line is incorrect, it would change the side yard setback and the hardcover percentage. MOTION made by Voss, seconded by Weiland to table the request to allow the applicant to try to resolve issue relating to the accuracy of the survey, to try and reduce the amount of hardcover, and to ~eceive comments from ~he City Engineer relating to drainage. Motion carried unanimously. Case ~93-017: Raymond and Suzanne Falls, 5503 Three Points Blvd., Lot 1, Block 1, Driftwood Shores, PID ~13-117-Z4 22 0001 VARIANCE. · Building Official, Jon Sutherland, reviewed the applicant,s request for a variance to construct a fully conforming deck onto the existing nonconforming dwelling. The dwelling is situated 5.76' from the side yard that requires a 10 foot setback. The original house was approved with the final inspection by the City Building Inspector in 1972. The lot area, according to the most recent survey by Paul Schoborg in 1990, and confirmed by my phone conversation, is 12,400 square feet +/-. Maximum impervious surface on the site at 30 percent is limited to 3,720 square feet. The applicant,s calculations show 3,248 square feet, including the proposed deck, which is conforming to the provisions of the ordinance. Staff recommended approval of the request as the proposed deck is conforming to the provisions of the City Code. MOTION made by Michael, seconded by Weiland to recommend approval of the variance as requested. Motion carried unanimously. This case will be heard by the City Council May 25, 1993. ~ITY COUNCIL REPRESENTATIVE'S REPORT Liz Jensen reviewed the City Council meeting minutes of April 27, 1993, and the agenda for May 11, 1993. The following issues were highlighted: Public Lands Procedure Manual, the establishment of a part-time Community Service Officer, the Preliminary Feasibility Report to issue Tax Increment Financing to Redevelop the Community Services Center property, the elimination of the House of Moy crosswalk, and allegations made by residents in the Woodland Point subdivision that their commons is private. Planning Commission M£nutee May 10, 1993 RENTAL HOUSING ORDINANCE Minutes of the Rental Task Force meeting of March 1, 1993 were included in the packet. Geoff Michael informed the commission that at their last meeting, just prior to tonights Planning Commission meeting, the Task Force reviewed the revised final draft of the rental ordinance which will be discussed at the May 25, 1993 City Council meeting. It was questioned what changes were made and if the ordinance will come back to the Planning Commission before it is acted upon. Sutherland commented that the changes include the removal of a lot of bulk relating to Fire Prevention requirements which was replaced with the statement "Shall be installed according to the code in effect at the time the building was constructed". The City Council will decide how to proceed with the ordinance. PARK DEDICATION FEE The Commission continued discussion on this issue and the general consensus was that on lot splits the fee should only apply to newly created buildable lots, and lots with houses existing on them should not be charged. Sutherland commented that he had discussed this issue with the City Planner from Prior Lake and they have criteria they use to determine fees based on the amount of park property existing in the area where the subdivision is proposed. He also commented that our ordinance may exceed the maximum 10 percent of the lot value we are allowed to collect by State law. MOTION made by Meyer, seconded by Hanus to inform the City Council that the Planning Commission is in favor of charging a park dedication fee only for newly created buildable lots. Motion carried unanimously. ADJOURNMENT MOTION made by Weiland, seconded by ross, to adjourn the meeting at 9:44 p.m. Motion carried unanlmously. Chair, Bill Meyer Attest: HENNEPIN May 21, 1993 DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 PHONE: [612] 930-2500 'FAX [612) 930-2513 TDD: (612) 930-2696 RECEIVED HAY 2 ~! 1993 ,~.:,.u, ,. ..... .; & .:?. Jan Sutherland Planning and Zoning City of Mound 5341Haywood Road Mound, MN 55364 Dear Hr. Sutherland: RE: Proposed Lot Division - 5656 Bartlett Boulevard CSAH 125, North side, approximately 250' east of CSAH 110 Section 23, Township 117, Range 24 Hennepin County No. 2065 Review and Recommendations We reviewed the above lot division and make the following comments: - No additional right of way required by Hennepin County at this time along this segment of CSAH 125. - The location of the proposed driveway to Parcel B is acceptable to Hennepin County. This access will require an approved Hennepin County entrance permit before beginning any construction. Contact our Permits Section at 930-2548 for entrance permit forms. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to driveway removal, drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way. Please direct any response to Les Weigelt. Sincerely, Thomas D. E. Transportation Planning Engineer TDJ / LDW: 1 w HENNEPIN COUNTY an equal opportunity employer