1993-07-27I I
CITY OF MOUND ~H._~6~ION STATEMENT. 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.
AGENDA
CITY OF MOUND
MOUND, MINNESOTA
MOUND CITY COUNCIL - REGULAR MEETING
7:30 P.M., TUF~DAY, JULY 27, 1993
CITY COUNCIL CHAMBERS
1. PLEDGE OF ALLEGIANCE.
e
Se
Se
APPROVE THE MINUTES OF THE JULY 13, 1993,
REGULAR MEETING AND THE JULY 20, 1993, COMMITTEE
OF THE WHOLE MEETING. PG. 2480-2490
BID AWARD: GENERAL OBLIGATION WATER & SEWER REVENUE
BONDS - SERIES 1993B. PG. 2491-2504
BID AWARD: GENERAL OBLIGATION BUILDING REFUNDING
BONDS - SERIES 1993 C.
PG. 2505-2520
~ASE NO. 93-023: APPROVAL OF FINAL PLAT FOR
BALBOA ADDITION, DAKOTA RAIL, INC. NORTH OF
EXISTING BALBOA BUILDING EAST OF FAIRVIEW LANE AND
SOUTH OF LYNWOOD BLVD. PID #13-117-24 34 0068 &
0077 AND 13-117-24 43 0144. PG. 2521-2557
PROPOSED RENTAL HOUSING ORDINANCE. PG. 2558-2587
~ASE ~93-012: GARY & KATHLEEN SPAULDING, 5335 BAYWOOD
SHORES DRIVE, LOT 4, BLOCK 5, REPLAT OF HARRRISON
SHORES, PID #13-117-24 21 0069.
REQUEST: VARIANCE FOR ADDITION. PG. 2588-2623
CASE ~95-016: RICHARD & DARLENE SOLLIE, 4936 GLEN ELYN
ROAD, LOT 8, BLOCK 23, SHADYWOOD POINT PID #13-117-24
11 0083· '
REQUEST:
VARIANCE FOR ADDITION.
PG. 2624-2645
2478
0
10.
11.
12.
13.
GJ
~ JOSEPH & KIMBERLY RASMUSSEN, 5725 SUNSET
ROAD, PART OF LOT 68, MOUND ADDITION, PID #14-117-24
41 0038.
REQUEST: VARIANCE FOR GARAGE.
PG. 2646-2654
~ ROBERT & JUDITH HUTCHINS, 3054 BRIGHTON
COMMONS, N 1/2 OF LOT 22 AND 23, BLOCK 15, ARDEN, AND
TRACT D, RLS 1149, PID #24-117-24 43 0092.
REQUEST: VARIANCE FOR ADDITION.
COMMENTS & SUGGESTIONS FROM CITIZENs PRESENT. PG. 2655-2672
PAYMENT OF BILLS.
INFORMATION MISCELLANEous
Financial Report for June 1993 as prepared by
Gino Businaro, Finance Director.
Invitation from LMCD to attend annual public
officials lake tour & luncheon to be held
Saturday, August 7, 1993, with boarding at
Lafayette Club at 11:00 A.M. Please let
Fran know by Friday, July 30 1993, if you
want to attend. ,
LMCD MAILINGS.
PG. 2673-2680
PG. 2681-2682
PG. 2683
Letter dated July 17, 1993 PG. 2684
rental property in Lakewin~sfr°m an OWner of
Rental Housing Ordinance. re: Proposed
PG. 2685-2686
Invitation from Commissioner Emily Ann Staples to
attend a summer barbecue at her home. There
are three dates available. Please let Fran know
if you wish to attend and on what date. PG. 2687
News Release from the Minnehaha Creek Watershed
District re: lakeshor
contractors re~=~-~- e property as it relates to
due to the ~A~xng eroded beaches and banks
this year. recordbreaking rainfall experienced
Planning Commission Minutes of PG. 2688-2691
July 12, 1993.
PG. 2692-2707
2479
Il 1, !, !, it i
Mound City Council
July 13, 1993
MINUTES - MOUND CITY COUNCIL - JULY 13, 1993
The city Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 13, 1993, in the Council Chambers
at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, and Phyllis Jessen. Councilmember Ken Smith
was absent and excused. Councilmember Smith arrived at 8:35. P.M.
Also present were: City Manager Edward J. Shukle, Jr., City Clerk
Fran Clark, City Attorney Curt Pearson, City Planner Mark Koegler,
Building official Jon Sutherland and the following interested
citizens: Joanne Matzen, Pam Koring, Justine Guyot-Goode, Duane
Norberg, Joyce & Marvin Nelson, Duane Leisinger and Mark Jorland.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
1.1
MOTION made by Jensen, seconded by Johnson to approve the
Minutes of the June 2Z, 1993, as submitted. The vote was
unanimously in favor. Motion carried.
PRESENTATION OF BRUCE MILLER CANVASBACK PRINT BY THE NORTHWEST
TONKA LIONS
Mark Jorland and Duane Leisinger, representing the Northwest Tonka
Lions presented a print of Bruce Miller's Canvassbacks, the 1993
Duck Stamp Winner, to the City Council and the citizens of Mound.
The Council thanked the Lions for their participation and the gift.
1.2 REQUEST TO REMOVE NO PARKING RESTRICTIONS ON THE SOUTH SIDE OF
ALDER ROAD, FROM THE INTERSECTION OF COMMERCE BLVD. w~ST
APPROXIMATELY 300 FEET, MOUND EVANGELICAL FREE CHURCH
The city Manager introduced Mr. Duane Norberg, Trustee, for the
Mound Evangelical Free Church. He stated that they need the extra
parking mostly on Sunday mornings and Wednesday evenings. He has
contacted the Police Chief and he has no problem with removing the
no parking on the South side of Alder Road.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION #93-89 RESOLUTION TO REMOVE THE NO PARKING
RESTRICTION ON THE SOUTH SIDE OF ALDER
ROAD FROM THE INTERSECTION OF COMMERCE
BLVD. WEST APPROXIMATELY 300 FEET
The vote was unanimously in favor. Motion carried.
Mound City Council July 13, 1993
1.3 pUBLIC HEARING= gASE NO. 93-023: PRELIMINARY PLAT F O R
BALBOA ADDITION, DAKOTA RAIL, INC. NORTH OF EXISTIN~ BanBO~
UILDIN~ EAST OF FAIR¥~WLANEANDSOUTH OF LYNWOOD BLED. PI~
13-117-24 34 0068 & 0077 AND 13-117-24 43 0144
The City Planner explained the case. The staff recommendation was
approval subject to the following conditions:
1. Payment of park dedication fees shall be required in
accordance with Section 330:120 of the Mound Code of
Ordinances.
2. Newly created Parcels i and 2 shall be combined for tax
purposes, with existing parcel 76.
3. The Owner-Applicant shall provide the City with title
insurance for all easements and rights-of-way that are to
be dedicated to the City of Mound.
He stated that the Council can approve the preliminary plat with
these conditions and have the Park Dedication Fee clarified before
the final plat is approved.
The Mayor opened the public hearing.
Joanne Matzen, Attorney representing Welsh Companies, stated they
agree with the conditions except for the park dedication fee
requirement. She stated that this is not a typical platting.
There will not be further development and it does not cause
additional burdens on the community. She requested that the
Council delete the Park Dedication requirement in this platting.
The City Attorney stated that Park Dedication fees are required of
every new plat. He stated that he has discussed this with Ms.
Matzen and because they are paying an inflated amount for the
property the park dedication fee could be less than $22,000.00.
The City Attorney suggested that the Council can approve the
preliminary plat this evening and he and the Staff will continue to
negotiate on the park dedication fee before final plat approval on
August 10.
Ms. Matzen stated that timing is very important because the closing
on the property is set for August 16 and the property is in
receivership and any extra costs need to be approved by the court
prior to closing.
The Mayor closed the public hearing.
The Council indicated they would like the City Attorney to continue
to negotiate with Ms. Matzen and Mr. Hart about the Park Dedication
Fee and bring it to their Committee of the Whole Meeting next
Tuesday for discussion. This could then be acted upon on the next
! I ~, ! !, tt i
Mound city Council
July 13, 1993
city Council Meeting, July 27.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION %93-90
RESOLUTION TO APPROVE A PRELIMINARY PLAT
FOR "BALBOA ADDITION" INVOLVING LANDS
OWNED BY DAKOTA RAIL, INC. LOCATED NORTH
OF THE BALBOA BUILDING AT 5300 SHORELINE
DRIVE
Councilmember Jensen asked that #la. in the proposed
resolution be changed to read as follows: "Park dedication
fees shall be required in accordance with Section 330:120 of
the Mound Code of Ordinances." The Council agreed.
The vote was unanimously in favor. Motion carried.
1.4
CASE NO. 93-028: REQUEST FOR VARIANCE FOR A DECK, PAMELA
KORINGt 1701 AVOCET LANE, LOTS it 2, 3 BLOCK 8, DREAMWOOD, PID
~13-117-24 21 0021
The Building Official explained the request. The Planning
Commission recommended approval. Ms. Koring was present and agreed
with the proposed resolution.
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION %93-91 RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE AN EXISTING NONCONFORMING
PRINCIPAL STRUCTURE SETBACK TO ALLOW
CONSTRUCTION OF A CONFORMING DECK AT 1701
AVOCET LANE, PART OF LOTS 1, 2 AND 3,
BLOCK 8, DREAMWOOD, PID %13-117-24 21
0021, P & Z CASE #93-028
The vote was unanimously in favor. Motion carried.
1.5 CASE NO. 93-029: REQUEST FOR FENCE VARIANCE, DR. DONALD
SWEEN, 2028 ARBOR LANE, LOT 6, SUBD. OF LOTS i & 32, S & C
RAVENSWOOD, PID ~13-117-24 41 0035
The Building Official explained the request.
Commission recommended approval on a 7-1 vote.
present and agreed with the proposed resolution.
The Planning
Ms. Sween was
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION %93-92
RESOLUTION TO APPROVE A FENCE HEIGHT
VARIANCE FOR 2028 ARBOR LANE, LOT 6,
SUBDIVISION OF LOTS i AND 32, SKARP
LINDQUIST'S RAVENSWOOD, PID %13-117-24 41
0035, P & Z CASE %93-029
Mound City Council July 13, 1993
The vote was unanimously in favor. Motion carried.
1.6
CASE NO. 93-035 REQUEST FOR VARIANCE FOR A GAI~GE, ~VIN
NELSON, 2025 SHOREWOOD LANE, LOTS 5 & 6, BLOCK 8, 8HADYWOOD
POINT, PID ~13-117-23 32 0012
The Building Official explained the request.
Commission recommended approval.
The Planning
Jensen moved and Jessen seconded the following resolution:
RESOLUTION %93-93
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
FRONT YARD SETBACK TO ALLOW CONSTRUCTION
OF A CONFORMING DETACHED GARAGE AT 2025
SHOREWOOD LANE, LOTS 5 & 6, BLOCK 8,
SHADYWOOD POINTt PID %18-117-23 32 0012,
P & Z CASE %93-035
Councilmember Jensen asked that the following be added to the
proposed resolution: "7. Removal of existing shed." The
Council agreed and so did the applicant.
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.7 APPROVAL OF A RESOLUTION CALLING FOR REDEMPTION OF OUTSTaWDINC
BONDS OF THE $3,100,000 GENERAL OBLIGATION IMPROVEMENT BONDS
OF 1979 ISSUE
The City Manager advised that there is currently sufficient money
in the General Obligation Improvement Bond Fund of 1979 to pay the
balance due on these bonds.
Ahrens moved and Johnson seconded the following resolution:
RESOLUTION %93-94
RESOLUTION CALLING FOR REDEMPTION OF
OUTSTANDING BONDS OF THE $3,100,000
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1979 ISSUE
The vote was unanimously in favor. Motion carried.
1.8 APPROVAL OF A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING
BONDS OF THE $300,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF
1982 ISSUE
The City Manager advised that there is currently sufficient money
in the General Obligation Improvement Bond Fund of 1982 to pay the
11 1, ! !, I~ i
Mound City Council
July 13, 1993
balance due on these bonds.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION ~93-95
RESOLUTION CALLING FOR REDEMPTION OF
OUTSTANDING BONDS OF THE $300,000 GENERAL
OBLIGATION IMPROVEMENT BONDS OF 1982
ISSUE
The vote was unanimously in favor. Motion carried.
1.9
SET PUBLIC HEARING TO CONSIDER A FINAL PLAT REQUEST FOR THE
PROPOSED "BALBOA ADDITION" BY DAKOTA RAIL, INC., INVOLVING
LANDS NORTH OF THE BALBOA BUILDING AT 5300 SHORELINE DRIVE,
AUGUST 10, 1993, 7:30 PM
MOTION made by Ahrens, seconded by Jessen to set August 10,
1993, for a public hearing to consider a final plat request
for the proposed ,,Balboa Addition" by Dakota Rail, Inc.,
involving lands north of the Balboa Building at 5300 Shoreline
Drive. The vote was unanimously in favor. Motion carried.
1.10 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT FOR METROPOLITAN
COUNCIL TO PROVIDE TECHNICAL ASSISTANCE IN PROGRAM
REVIEW/ANALYSIS TO LAKE MINNETONKA AREA CITIES
The Mayor explained that this is a way for the lake communities to
study ways to cooperatively deliver services. Councilmember Jensen
stated this agreement will allow the Met Council staff to gather
data and crunch numbers. The Council will be updated as the study
continues.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #93-96
RESOLUTION APPROVING THE MEMORANDUM OF
AGREEMENT FOR METROPOLITAN COUNCIL TO
PROVIDE TECHNICAL ASSISTANCE AND PROGRAM
REVIEW/ANALYSIS TO LAKE MINNETONKA AREA
CITIES
The vote was unanimously in favor. Motion carried.
1.11 APPROVAL OF PUBLIC DANCE PERMIT AND TEMPORARY ON-SALE
NONINTOXICATING MALT LIQUOR PERMIT FOR INCREDIBLE FESTIVAL,
OUR LADY OF THE LAKE CHURCH
MOTION made by Ahrens, seconded by Jensen to approve a Public
Dance Permit and a Temporary On-Sale Nonintoxicating Malt
Liquor Permit for the Incredible festival, Our Lady of the
Lake Church. The vote was unanimously in favor. Motion
carried.
Mound City Council July 13, 1993
1.12 .~992 LIFT STATION IMPROVEMENTS - REQUEST FOR FINAL PAYMENT
THE AMOUNT OF $3,861.51
MOTION made by Jensen, seconded by Ahrens to approve Payment
Request #5 from Grldor Construction, Inc., for the 1992 Lift
Station Improvement Project in the amount of $3,861.51. The
vote was unanimously in favor. Motion carried.
1.17 PAYMENT OF BILL~
MOTION made by Jessen, seconded by Jensen to authorize the
payment of bills as presented on the pre-list in the amount of
$329,202.59, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. DEPARTMENT HEAD MONTHLY REPORTS FOR JUNE 1993.
Be
LMCD REPRESENTATIVE'S MONTHLY REPORT FOR JUNE, 1993.
LMCD MAILINGS.
D. LETTER FROM TRIAX CABLEVISION RE: JUNE SUBSCRIBER
STATEMENTS.
Ee
F®
He
Je
LETTER FROM ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM)
RE: SUMMER OUTREACH BREAKFAST SCHEDULED FOR WEDNESDAY, JULY
14, 1993, AT 7:30 AM, MINNETONKA RADISSON HOTEL,
(RIDGEDALE). PLEASE LET ME KNOW ASAP IF YOU WISH TO
ATTEND.
LETTER FROM LOCAL RESIDENT RE: MOUND CITY DAYS.
PRELIMINARY POPULATION AND HOUSEHOLD CHANGES AS OF 4-1-92, AS
PREPARED BY METROPOLITAN COUNCIL.
LMCD ADOPTED BUDGET FOR 1994.
THE SCHEDULE FOR THE WEST HENNEPIN HUMAN SERVICES PLANNING
BOARD FOR THE REMAINDER OF THE YEAR:
MEETING DATE
NO AUGUST MEETING
SEPTEMBER 7
OCTOBER 5
NOVEMBER 2
DECEMBER 7
MAYOR/CITY COUNCIL
LIZ
ANDREA
PHYLLIS
KEN
REMINDER: C.O.W., TUESDAY, JULY 20, 1993, 7:30 PM.
Mound City Council
K.
1.Z
July 13, 1993
PLANNING COMMISSION MINUTES OF 6-28-93.
RECONSIDER REQUEST TO REMOVE NO PARKING RESTRICTIONS ON THE
SOUTH SIDE OF ALDER ROAD, FROM THE INTERSECTION OF COMMEROm
BLVD. WEST APPROXIMATELY 300 FEET, MOUND EVANGELICAL FRE~
~HURCH
The Building official explained that he has spoken with the Fire
Marshal and he advises that a certain number of feet on the South
side of Alder Road needs to remain no parking because the Fire
Department would need to hook into the fire system on that side of
the Pond Arena if there were a fire.
MOTION made by Jensen, seconded by Johnson to reconsider Item
%1.2, Resolution %93-89, because new information has been
received. The vote was unanimously in favor. Motion carried.
The Council discussed the situation and Duane Norberg agreed that
an area to accomodate the Fire Department equipment should remain.
The Building official will contact the Fire Department and find out
how many feet from the corner of Commerce Blvd. and Alder Road that
will be required to stay no parking.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION %93-89 RESOLUTION TO REMOVE THE NO PARKING
RESTRICTION ON A CERTAIN SECTION OF THE
SOUTH SIDE OF ALDER ROAD
The vote was unanimously in favor. Motion carried.
Councilmember Smith arrived at 8:35 P.M.
EXECUTIVE SESSION
The City Attorney asked that he be allowed to present the Summons
and Complaint to the Council and visit with them to get direction
in Executive Session. He further related that the allegations made
in the complaint, essentially relate to a sign which is in front of
the House of Moy and it is the contention of the plaintiff that the
City, which has not taken action to get rid of the sign at this
point, is violating their freedom of speech and First Amendment
rights. The Attorney stated that it is unfortunate that the
materials that appeared both in the newspaper and on TV tonight
emphasize the crosswalk when the litigation basically relates to
the two signs that are in front of the House of Moy. Mr. Pearson
stated that he has spoken to Mr. Tanick, the attorney for the House
of Moy, and with direction from the Council, Mr. Pearson is hopeful
that they can work out a relatively quick settlement as it relates
to this matter.
Mound City Council July 13, 1993
The City Attorney also stated he needs to speak to the Council
about another litigation which relates to the Bluebird Lane
situation.
The Council adjourned into Executive Session at 8:45 P.M.
The Council resumed after Executive session at 9:25 P.M.
The City Attorney stated he has reported to the Council of the two
lawsuits. The first relates to the lawsuit that was served today
by the House of Moy vs. City of Mound and after discussion the
following action will be taken.
MOTION made by Ahrens mo~ed, seconded by Jensen directing the
City Attorney to negotiate with the plaintiff and
· their
attorney and indicating that the. Cl~y of Mound ha? no
intention of depriving anyone of their First Amendment rights
and that we shall try to resolve this lawsuit in a e~uitable
fashion as quickly as posslble with a minimum amount of
expense to both the Plaintiff and the City. The vote was
unanimously in favor. Motion carried.
The City Attorney reported that the second item that was discussed
related to a threatened lawsuit by 5 residents on Bluebird Lane
against the City of Mound. He reported that Mr. Shukle, and Mr.
Fackler and Mr. Pearson have been working on this for some extended
period of time. They have visited the site and have reported back
to the Council with various findings. The Plaintiffs have demanded
7 different remedies, of those we have previously indicated that we
don't think 5 of them are negotiable. There were 2 items that were
left open, one related to marking the Commons and the other related
to the number of dock sites.
MOTION made by Smith, seconded by Jessen directing the City
Attorney to respond to M~..Maynard ind%cating that the City
will put forward some minimal suggestions relating to the
demands, but in essence it is the consensus of the Council
that the dock sites are very important to the people in the
subdivision and there is not desire to make any change.
Counciimember Ahrens stated that she has always said that
there is room for some more movement so she cannot vote for
the motion as it was made.
The vote was 4 in favor with Ahrens voting nay.
carried.
Motion
COUNCIL SALARIES
The Mayor stated that he asked the City Manager to review what
Council salaries have been over the years. He reported that in
1966 the Mayor got $30.00/month and the Council got $10.00/month;
]1 1, i !, I~ ii
Mound City Council July 13, 1993
in 1969 the Mayor got $75,00/month and the Council got
$50.00/month; and in 1978 the Mayor got $150.00/month and the
Council $100.00/month. The 1978 salary is still in place. This
was food for thought. No action was taken.
MOTION made by Jessen, seconded by Ahrens to adjourn at 9:45
P.M. The vote was unanimously in favor. Motion carried.
Edward J. Shukle, Jr., City Manager
Attest: City Clerk
N~NUTES - CONNITTEE OF THE b'~IOLE - ~ULY ~0, ~993
The meeting was called to order at 7:30 PM. Members present:
Mayor Johnson, Councilmembers Jensen, Jessen, Smith. Absent and
excused: Ahrens. Also present: Mark Koegler City Planner and Ed
Shukle, City Manager. '
Mark Koegler, City Planner, entertained questions on the final
draft of the Nature Conservation Area (NCA) study that was done by
him in cooperation with the Parks and Open Space Commission. Some
minor changes were suggested and the City Council consensus was to
bring the final draft for discussion and approval to the August 10,
1993 regular meeting. It was also noted that the Parks and Open
Space Commission should be invited to attend that meeting and make
any comments with regard to the draft prior to adoption.
The Park dedication issue on the Balboa property was discussed.
City Manager Ed Shukle presented a letter dated July 20, 1993 from
Keith Rennerfeldt, Hennepin County Assessor, to Curt Pearson, City
Attorney, dealing with this issue. He suggested that based on his
analysis that the estimated market value on this area is
approximately $70,000. Using the Park Dedication Fee ordinance and
applying the 10% factor, the Park Dedication Fee would become
$7,000. The City Council consensus was to go forward with this
proposal at the August 10th final plat hearing.
City Manager Ed Shukle polled the Council as to whether or not they
were interested in having a fall cleanup. The answer was "yes".
They suggested charging at least 50 cents more per tire. There was
no interest in an admittance charge. Also suggested was perhaps
using the Welsh property to the east to assist in making easier
turn arounds should the clean up day be busy. The suggested date
for the fall cleanup is Saturday, October 16, 1993.
Public Works outdoor storage was briefly discussed. No action was
taken on this matter.
Council member Jensen presented some information relating to goal
setting. The City Council is to review this and make any comments
or suggestions at the next Committee of the Whole meeting.
Mayor Johnson and Ed Shukle, City Manager, updated the Council on
the results of the Duck Stamp event. They indicated that it was a
very positive event for the community. City Manager Ed Shukle
indicated that merchandise is still remaining to sell to offset
expenses incurred by the City for this project. He indicated that
he has made arrangements with the Incredible Festival and Crazy
Daze to sell the t-shirts, sweatshirts and prints that are left
over. He asked the Council to work at the Incredible Festival this
weekend if they were available.
Ed Shukle, City Manager, indicated that the Rental Housing
Ordinance will be placed on the City Council agenda for July 27th.
[11 1, ! !, u
AWARD:
SALE:
SPRINGSTED
PUBLIC FINANCE ADVISORS
Home Office
85 East Seventh Place
Suite 100
Saint Paul, MN 55101-2143
(612) 223-3000
Fax: (612) 223-3002
120 South Sixth Street'
Sutte 2507
Minneapolis, MN 55402-1800
(612) 333-9177
Fax: (612) 349-5230
16655 West Bluemound Road
Suite 290
Brookfidd, WI 53005-5935
(414) 782-8222
Fax: (414) 782-2904
6800 Coltege Boulevard
Suite 600
Overland Park, KS 66211-1533
(913) 345-8062
Fax: (913) 345-1770
1800K Street NW
Suite 831
$1,350,0OO Washington, DC 20006-2200
(202) 466-3344
CITY OF MOUND, MINNESOTA Fax: (202) 223-1362
GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 1993B
FBS INVESTMENT SERVICES, INC.
And Associates
July 27, 1993
Moody's Rating: A
Standard & Poor's Rating: A
Interest
Net Interest True Interest
Bldde.._._._~r
Rate.~s
cBS INVESTMENT SERVICES, INC.
,~loore, Juran and Company, Incorporated
Miller & Schroeder Financial, Inc.
CRONIN & COMPANY, INCORPORATED
American National Bank Saint Paul
3.00% 1995
3.30% 1996
3.60% 1997-
3.90% 1998
4.10% 1999
4.25% 2000
4.40% 2001
4.60% 2002
4.80% 2003
5.00% 2004
5.10% 2005
5.20% 2006
5.25% 2007
5.30% 2008
5.40% 2009
3.15% 1995
3.40% 1996
3.70% 1997
4.00% 1998
4.15% 1999
4.30% 2000
4.50% 2001
4.70% 2002
4.85% 2003
5.00% 2004
5.10% 2005
5.20% 2006
5.25% 2007
5.30% 2008
5.40% 2009
Price__ Cost
$1,335,150.00
Rate._._
$651,883.75 5.0499%
$1,332,585.00 $657,618.75 5.1034%
(Continued)
Bidder
Interest
Rate8
MILLER, JOHNSON & KUEHN, INC.
DAIN BOSWORTH INCORPORATED
DOUGHERTY, DAWKINS, STRAND &
BIGELOW, INCORPORATED
Craig-Hallum, Incorporated
3.10% 1995
3.30% 1996
3.70% 1997
3.90% 1998
4.10% 1999
4.30% 2000
4.45% 2001
4.60% 2002
4.75% 2003
4.90% 2004
5.10% 2005
5.20% 2OO6
5.30% 2007
5.40% 2008-2009
4.20% 1995
4.35% 1996-1999
4.375% 2000
4.50% 2001
4.70% 2002
4.95% 2003
5.00% 2004
5.05% 2005
5.10% 2006
5.15% 2007
5.20% 2008
5.25% 2009
DEAN WITTER REYNOLDS INCORPORATED 3.30% 1995'
PAINEWEBBER INCORPORATED 3.60% 1996
3.80% 1997
4.00% 1998
4.15% 1999
4.30% 2000
4.45% 2001
4.60% 2002
4.80% 2003
4.95% 20O4
5.10% 2005
5.20% 2006
5.30% 2007
5.40% 2008
5.50% 2009
PIPER JAFFRAY INC.
3.20% 1995
3.50% 1996
3.80% 1997
4.00% 1998
4.20% 1999
4.35% 2000
4.50% 2001
4.70% 2002
4.90% 2003
5.00% 2004
5.10% 2005
5.25% 2006
__Price
Net Intereet True Interest --Cost Rate
$1,331,100.00 $657,825.00 5.1055'
$1,331,105.85 $658,109.15 5.1245%
$1,331,235.00 $662,036.25 5.1388%
$1,333,800.00 $664,568.75 5.1519%
(Continued)
Interest
Net lnterest True Interest
Bidder
Rate~_..
5.35% 2007
5.45% 2008
5.50% 2009
NORWEST INVESTMENT SERVICES, INC.
3.25% 1995
3.45% 1996
3.80% 1997
4.O5% 1998
4.20% 1999
4.40% 2000
4.50% 2001
4.70% 2002
4.90% 2003
5.00% 2004
5.10% 2005
5.20% 2006
5.30% 2007
5.40% 2008
5.50% 2009
JOHN G. KINNARD & COMPANY
INCORPORATED
NATIONAL CITY BANK
3.10% 1995
3.50% 1996
3.80% 1997
4.00% 1998
4.2O% 1999
4.35% 2000
4.50% 2001
4.70% 2002
4.90% 2003
5.00% 2004
5.15% 2005
5.30% 2006
5.40% 2007
5.45% 2008
5.50% 2009
Price_
Cost Rate
$1,331,235.00 $665,167.50 5.1644%
$1,331,370.00 $668,985.00 5.1917%
These Bonds are being reoffered at par.
BBI: 5.61
Average Maturity: 9.54 Years
SPRINGSTED
PUBLIC FINANCE ADVISORS
Home Office
85 East Seventh Place
Suite 100
.Saint Paul, MN 55101-2143
(612) 223-3000
Fax: (612) 223-3002
120 South Sixth Street
Suite 2507
Minneapolis, MN 55402-1800
(612) 333-9177
Fax: (612) 349-5230
16655 West Bluemound Road
Suite 290
Brookfield, WI 53005-5935
(414) 782-8222
Fax: (414) 782-2904
6800 College Boulevard
Suite 600
Overland Park, KS 66211-1533
(913) 345-8062
Fax: (913) 345-1770
1800K Street NW
Suite 831
Washington, DC 20006-2200
(202) 466-3344
$540,000* Fax: (202) 223-1362
CITY OF MOUND, MINNESOTA
GENERAL OBUGATION BUILDING REFUNDING BONDS, SERIES 1993C
AWARD:
FBS INVESTMENT SERVICES, INC.
And Associates
SALE: July 27, 1993
Moody's Rating: A
Standard & Poor's Rating: A
Interest Net Interest True Interest
31dder Rates Price Cost Rate
FBS INVESTMENT SERVICES, INC. 3.30% 1996 $535,680.00 $150,260.00 4.4616%
Moore, Juran and Company, Incorporated 3.60% 1997
Miller & Schroeder Financial, Inc. 3.90% 1998
4.10% 1999
4.25% 2000
4.40% 2001
4.60% 2002
4.80% 2003
MILLER, JOHNSON & KUEHN, INC.
PARK INVESTMENT CORPORATION
3.30% 1996
3.70% 1997
3.9O% 1998
4.10% 1999
4.30% 2000
4.45% 2001
4.60% 2002
4.75% 2003
4.00%
4.10%
4.25%
4.40%
4.50%
4.75%
1996-1998
1999
2000
2001
2002
2O03
$535,140.00 $151,1 20.00 4.4910%
$535,140.00 $151,942.50 4.5209%
(Continued)
Intereet Net Interest True Interest
Bidder Rat_e_- Pr~-_---_- Coet Rate
CRONIN & COMPANY, INCORPORATED 3.40% 1996 $535,140.00 $153,378.75 4.5572'
American National Bank Saint Paul 3.70% 1997
4.00% 1998
4.15% 1999
4.30% 20O0
4.50% 2001
4.70% 2002
4.85% 2003
DAIN BOSWORTH INCORPORATED
DOUGHERTY, DAWKINS, STRAND &
BIGELOW, INCORPORATED
Craig-Hallum, Incorporated
3.40% 1996
3.70% 1997
3.90% 1998
4.20% 1999
4.35% 2O00
4.50% 2001
4.70% 2002
4.95% 20O3
$535,140.00 $154,275.00 4.5825%
These Bonds are being reoffered at par.
Subsequent to bid opening, the issue size was not changed.
BBI: 5.61
Average Maturity: 6.23 Years
I I ~, ! i, U I I
Minutes - Committec of thc ~o1¢ - Jul~ 20, 1~93 - P~¢ 2
Other business discussed was the LMCD and the issue of too man~:~
variances. The City Manager is to consult with the city planne~
and city attorney as well as the building official on this matter.
The next meeting of the Committee of the Whole is scheduled for
Tuesday, August 17, 1993, at 7:30 PM, at Mound City Hall.
Upon motion by Jensen, seconded by Smith and carried unanimously,
the meeting was adjourned at 9:30 PM.
pec. t fu~tted,
City Manager
ES:is
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF MOUND
HENNEPIN COUNTY, MINNESOTA
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Mound, Hennepin County, State of Minnesota, was
duly held at the City Hall in said City on Tuesday, the 27th day of July,
1993, at 7:30 p.m.
The following members were present:
and the following were absent:
The Mayor announced that the next order of business would be the
consideration of bids for the purchase of $1,350,000 General Obligation
Water and Sewer Revenue Bonds, Series 1993B.
The Finance Director then presented the bids which had been
delivered to him prior to the time specified in the terms of proposal and
said bids had been opened, examined and found to be as follows:
I I
City of Mound, Minnesota
G.O. Refunding Bonds, Series 1993C
IFull Crossover Advance Refunding of
G.O. Building Bonds of 1988
Even Annual Debt Service Structure
Issuer Funds Required: $0.00
Date of Bonds:
Delivery Date:
Refunded Call Date:
1st Callable Date:
08/01/93
08/30/93
02/01/95
O2/O 1/96
Comparison: Refunded Refunding
Principal: 510,000 540,000
Bond Years: 3,240.00 3,365.00
Avg. Maturity: 6.353 6.231
NIC: 6.8220/0 4.465%
Prepared: 07/27/93
By SPRINGSTED Incorporated
! !
C{ty of Mound, Minnesota
I. Refunding Bonds, Series 1993C
Annual Savings Analysis
Schedule E
Non-Refunded Refunding
Date Debt Service Debt Service
(1) (2) (3)
64,812.50
82,015.00 (3,274 18)
82,490 00
80,510 00
78,350 00
81,010 00
83,345 00
80,370 00
82,290 00
83,840 00
02/01/94
08/01/94
02/01/95
08/01/95
02/01/96
08/01/96
02/01/97
08/01/97
02/01/98
08/01/98
02/01/99
08/01/99
02/01/2000
08/01/2000
02/01/2001
08/01/2001
02/01/2002
0'~'01/2002
C 01/2003
Total New
Debt Service
(4)
64,812.50
78,740 82
82,490 00
80,510 00
78,350 00
81,010 00
83,345 00
80,370 00
82,290 00
83,840 00
Prepared: 07/27/93
By SPRINGSTED Incorporated
Existing
Debt Service
(5)
64 , 812 . 50
82, 015.00
84,315.00
86,215 00
82,695 00
84 , 120 00
85,100 00
85, 680 00
85,850 00
85, 600 00
Savings
or (Loss)
(6)
3,274.18
1,825.00
5,705 00
4,345 00
3,110 00
1,755 00
5,310 00
3,560 00
1,760 00
Tot~ls
146,827.50
Present Value Rate...:
Present Value Savings:
As % of P.V. Ref. D/S:
648,930.82
4.31320%
25,094.77
4.72%
795,758.32 826,402.50
Excess Proceeds ...... :
Funds to Sinking Fund:
Total Net Savings .... :
30,644.18
30,644.18
After due consideration of said bids, Member
introduced the following resolution and moved its adoption: RESOLUTION NO.
RESOLUTION AWARDING THE SALE OF $1,350,000
GENERAL OBLIGATION WATER AND SEWER REVENUE
BONDS, SERIES 1993B; FIXING THEIR FORM AND
SPECIFICATIONS; DIRECTING THEIR EXECUTION AND
DELIVERY; AND PROVIDING FOR THEIR PAYMENT.
BE IT RE$OLVED, By the City Council of the City of Mound, Minnesota,
as follows:
1. The bid of
to purchase $1,350,000 General Obligation Water and Sewer Revenue Bonds,
Series 1993B of the City described in the terms of proposal is hereby found
and determined to be the highest and best bid received and shall be and is
hereby accepted, such bid being to purchase such bonds at a price of
$_ plus accrued interest to date of delivery, such bonds
to bear interest as follows:
The sum of $_ ~jO ~O , being the amount bid in excess of $1,331,160,
shall be credited the bond sinking fund hereinafter created. The City
Clerk is directed to retain the good faith check of the successful bidder
pending completion of the sale and delivery of the bonds. The City Clerk is
directed to return the checks of the unsuccessful bidders forthwith.
2. The City of Mound shall forthwith issue and sell its General
Obligation Water and Sewer Revenue Bonds, Series 1993B (the "Bonds") in the
principal amount of $1,350,000, dated August 1, 1993. The printed, fully
registered Bonds shall be in the denomination of $5,000 each or higher
multiples thereof for any single maturity, bearing interest as above set
forth, all interest payable August 1, 1994, and semiannually thereafter on
February 1 and August 1 in each year, and which bonds mature serially on
February 1 in the years and amounts as follows:
YEAR
AMOUNT
YEAR AMOUNT
1995 $35,000 2003 $ 95,000
1996 70,000 2004 100,000
1997 70,000 2005 100,000
1998 75,000 2006 110,000
1999 80,000 2007 115,000
2000 80,000 2008 120,000
2001 85,000 2009
2002 90,000 125,000
The City may elect on February 1, 2001, and on any day thereafter, to prepay
Bonds due on or after February 1, 2002. Redemption may be in whole or in
part and if in part, at the option of the City and in such order as the City
shall determine and within a maturity by lot as selected by the registrar.
All prepayments shall be at a price of par plus accrued interest.
3. Both principal of and interest on the Bonds shall be payable at
and the City of Mound shall pay the reasonable charges of said bank for its
services as paying agent.
4. The Bonds shall be in substantially the following form:
(Face of the Bonds)
UNITED STATES OF AMERICA
STATE OF NINNESOTA
HENNEPIN COUNTY
CITY OF MOUND
GENERAL OBLIGATION WATER AND SEWER REVENUE BOND, SERIES 1993B
Rate Maturity
Date of Original Issue
August 1, 1993
CUSIP
$
KNOW ALL MEN BY THESE PRESENTS that the City of Mound, Hennepin
County, Minnesota, a municipal corporation, (the City), acknowledges
itself to be indebted and, for value received, hereby promises to pay to
or registered assigns, the principal sum of
on the maturity date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on February 1 and August
1 in each year, commencing August 1, 1994, to the person in whose name this
Bond is registered at the close of business on the 15thday (whether or not a
day) of the immediately preceding month. The interest hereon
business presentation and surrender hereof at the principal office of the
and, upon
Bond Registrar hereinafter designated, the principal hereof are payable in
lawful money of the United States of America by check or draft of the
in , Minnesota, as Bond Registrar, Transfer Agent and Paying
Agent (the Bond--Registrar), or its successor designated under the
Resolution described herein.
Additional provisions of this Bond are contained on the reverse
hereof and such provisions shall for all purposes have the same effect as
though fully set forth hereon.
This Bond shall not be valid or become obligatory for any purpose or
be entitled to any security or benefit under the Resolution until the
Certificate of Authentication hereon shall have been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
IN WiTNESS WHEREOF, the City of Mound, Hennepin County, Minnesota,
by its City Council, has caused this Bond to be executed by the facsimile
signatures of the Mayor and the City Manager, and has caused this Bond to be
dated as of the date set forth below.
Dated:
(Facsimile Signature)
City Manager
(Facsimile Signature)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
as Bond Registrar and Paying
Agent
By_
Authorized Representative
(Reverse of the Bonds)
This Bond is one of an issue in the aggregate principal amount of
$1,350,000 (the Bonds), all of like date and tenor except as to serial
number, denomination, interest rate, maturity date, and redemption
privileges, issued pursuant to a resolution adopted by the City Council on
July 27, 1993, (the Resolution), to finance the construction of
improvements to the water and sanitary sewer systems of the City pursuant to
Minnesota Statutes, Chapter 444, and is issued pursuant to and in full
conformity with the provisions of the Constitution and laws of the State of
Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475.
This Bond is payable primarily from net revenues of the water and sanitary
sewer systems of the City which are credited to the General Obligation Water
and Sewer Revenue Bond, Series 1993B Fund (the Bond Fund) of the City, but
the City is required by law to pay maturing principal hereof and interest
hereon from any available funds of the City if moneys on hand in the Bond
Fund are insufficient therefor. The Bonds are issuable only as fully
registered bonds, in denominations of $5,000 or any multiple thereof, of
single maturities.
The City may elect on February 1, 2001, and on any day thereafter,
to prepay Bonds due on or after February 1, 2002. Redemption may be in
whole or in part and if in part, at the option of the City and in such order as
the City shall determine and within a maturity by lot as selected by the
registrar. All prepayments shall be at a price of par plus accrued
interest.
As provided in the Resolution and subject to certain limitations
set forth therein, this Bond is transferable upon the books of the City at
the principal office of the Bond Registrar, by the registered owner hereof
in person or by his attorney duly authorized in writing upon surrender
hereof together with a written instrument of transfer satisfactory to the
Bond Registrar, duly executed by the registered owner or his attorney; and
may also be surrendered in exchange for Bonds of other authorized
denominations. Upon such transfer or exchange, the City will cause a new
Bond or Bonds to be issued in the name of the transferee or registered owner,
of the same aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any tax, fee or
!1 1, i !,
governmental charge required to be paid with respect to such transfer or
exchange.
The City and the Bond Registrar may deem and treat the person in
whose name this Bond is registered as the absolute owner hereof, whether
this Bond is overdue or not, for the purpose of receiving payment and for all
other purposes, and neither the City nor the Bond Registrar shall be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions, and things required by the Constitution and laws of the
State of Minnesota to be done, to exist, to happen and to be performed
precedent to and in the issuance of this Bond in order to make it a valid and
binding general obligation of the City according to its terms have been
done, do exist, have happened and have been performed in regular and due
form as so required; that the City has pledged water and sanitary sewer
system revenues, and ad valorem taxes, collectible in the years and amounts
required to produce sums not less than five percent in excess of the
principal of and interest on the Bonds as such principal and interest
respectively become due, and has appropriated the same to the Bond Fund in
the manner specified in Minnesota Statutes, Section 475.61; that, in the
event of any accumulated or anticipated deficiency in the Bond Fund,
additional ad valorem taxes are required by law to be levied upon all
taxable property in the City without limitation as to rate or amount; and
that the issuance of this Bond does not cause the indebtedness of the City to
exceed any constitutional or statutory limitation.
The following abbreviations, when used in the inscription on the
face of this Bond, shall be construed as though they were written out in full
according to the applicable laws or regulations:
TEN C0M - as tenants UNIF TRANSFERS MIN ACT...Custodian ....
in common (Cust) (Minor)
TEN ENT -
JT TEN -
list.
as tenants
by the entireties
as joint tenants
with right of
survivorship and
not as tenants
in common
under Uniform Transfers to
Minors
Act ..... ~t~t~) ....
Additional abbreviations may also be used though not in the above
ASSIGNMEN~
For value received, the undersigned hereby sells assigns, and
transfers unto,
the within Bond and all rights thereunder, and does hereby irrevocably
constitute and appoint
attorney to transfer the within Bond on the books kept for registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: The assignor,s ~
signature to
this assignment must correspond with
the name as it appears upon the face of
the within Bond in every particular,
without alteration or any change
whatever.
Signature(s) must be guaranteed by a national bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless the
information concerning the assignee requested below is provided:
Name and Address
(Include information for all joint owners
if the Bond is held by joint account.)
PLEASE INSERT SOCIAL SECURITY NUMBER OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
5. The Bonds shall be issuable only in fully registered form.
The interest and principal amount thereof shall be payable by check or draft
issued by the Registrar described herein.
6. Dates; Interest Payment Dates. Each Bond shall be dated as of
the last interest payment date preceding the date of authentication to
which interest on the Bond has been paid or made available for payment,
unless (i) the date of authentication is an interest payment date to which
interest has been paid or made available for payment, in which case such
Bond shall be dated as of the date of authentication, or (ii) the date of
authentication is prior to August 1, 1994, in which case such Bond shall be
dated as of August 1, 1993. The interest on the Bonds shall be payable on
February 1 and August 1 in each year, COmmencing August 1, 1994, to the owner
of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business day.
7. Registration. The City shall appoint and shall maintain a
bond registrar, transfer agent, and paying agent (the Registrar). The
effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its
principal corporate trust office a bond register in which
the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred
or exchanged.
(b) Transfer of Bonds. Upon surrender for
transfer of any Bond duly endorsed by the registered owner
thereof or accompanied by a written instrument of transfer,
in a form satisfactory to the Registrar, duly executed by
the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by
the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth
day of the month preceding each interest payment date and
until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is
surrendered by the registered owner for exchange, the
Registrar shall authenticate and deliver one or more new
Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney
duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon
any transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When any
Bond is presented to the Registrar for transfer, the
Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate
instrument of transfer is legally authorized. The
Registrar shall incur no liability for its refusal, in good
faith, to make transfers which, in its judgment, it deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the
Registrar may treat the person in whose name any Bond is at
any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or
not, for the purpose of receiving payment of, or on account
of, the principal of and interest on such Bond and for all
other purposes, and all such payments so made to any such
registered owner or upon the owner's order shall be valid
and effectual to satisfy and discharge the liability of the
City upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer
or exchange of Bonds, the Registrar may impose a charge upon
the owner thereof sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be
paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds.
In case any Bond shall become mutilated or be lost, stolen
or destroyed, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such
mutilated Bond or in lieu of and in substitution for any
such Bond lost, stolen or destroyed, upon the payment of the
reasonable expenses and charges of the R
c~n~ection therewith; and, in the c ..... e~is~rar in
a~ or a Bond lost,
stolen or destroyed, upon filing with the Registrar
evidence satisfactory to it that such Bond was lost, stolen
or destroyed, and of the ownership thereof, and upon
furnishing to the Registrar an ap ro fiat
indemnitvin for~ ~..~-~ ..... P P e bond or
..... , ~uu~u~nce anG amount satisfactory to it,
in which bond the City and the Registrar shall be named as
obligees, all pursuant to the provisions of
Statutes, Sections 475.69 and 475.70. A1 Minnesota
surrendered to the Registrar shall be cancell~ Bonds so
evidence d by it and
of such cancellation shall be given to the City.
If the mutilated, lost, stolen or destroyed Bond has
already matured or been called for redemption in accordance
with its terms, it shall not be necessary to issue a new Bond
prior to payment.
8. Appointment of Initial Registrar. The City hereby appoints
as the initial Registrar. The Mayor and the City Manager are authorized to
execute and deliver, on behalf of the City, a contract with the Registrar.
Upon merger or consolidation of the Registrar with another corporation, if
the resulting corporation is a bank or trust company authorized by law to
conduct such business, such corporation shall be authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the
right to remove any Registrar upon thirt 3 ,
appointment of ~e~ ..... Y (0) days notice and
· a su .... ou~ Registrar, in whic upon the
~glstrar 3hall deliver all cash ~,~ ~-~- :~ ~ent the predecessor
successor ~e~istrar an~ ~ ~_~:_~..~_~u~_ ~n l~s possession to the
Registrar. On or before each principal or interest due date, without
..... ~ u~xxver ~ne Dong register to the successor
further order of this City, the City Clerk shall transmit to the Registrar,
from the General Obligation Water and Sewer Revenue Bond, Series 1993B Fund
described in paragraph 10 hereof, monies sufficient for the payment of all
principal and interest then due.
!1 t, i i, ,, ,'
9. Preparation and Delivery. The Bonds shall be prepared under
the direction of the City Clerk and shall be executed on behalf of the City
by the signatures of the Mayor and the City Manager, provided that the Mayor
and City Manager's signatures may be facsimiles thereof. In case any
officer whose signature, or a facsimile of whose signature, shall appear on
the Bonds shall cease to be such officer before the delivery of any Bond,
such signature or facsimile shall nevertheless be valid and sufficient for
all purposes, the same as if such officer had remained in office until
delivery. Notwithstanding such execution, no Bond shall be valid or
obligatory for any purpose or entitled to any security or benefit under this
resolution unless and until a certificate of authentication on such Bond
has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on
different bonds need not be signed by the same representative of the
Registrar. The executed certificate of authentication on each bond shall
be conclusive evidence that it has been authenticated and delivered under
this resolution. When the Bonds have been so executed and authenticated,
they shall be delivered by the City Clerk to the Purchaser upon payment of
the purchase price, and the Purchaser shall not be obligated to see to the
application of the purchase price.
10. The Bonds shall be payable from the General Obligation Water
and Sewer Revenue Bonds, Series 1993B Fund hereby created, and the proceeds
of the net revenues of the water and sanitary sewer systems are hereby
pledged to said fund. If any payment of principal or interest on the Bonds
shall become due when there is not sufficient money in said fund to pay the
same, the City shall pay such principal or interest from the general fund of
the City and such fund may be reimbursed for such advances out of proceeds of
net revenues of the water and sanitary sewer systems when collected.
11. The City Clerk is hereby directed to file in the office of the
County Auditor of Hennepin County, a certified copy of this resolution,
together with such other information as the County Auditor may require and
to obtain from the auditor a certificate that the Bonds have been entered
upon the bond register as required by Minnesota Statutes, Section 475.63.
12. The officers of the City are hereby authorized and directed to
prepare and furnish to the purchaser of the revenue bonds, and to the
attorneys approving the legality of the issuance thereof, certified copies
of all proceedings and records of the City relating to said bonds and to the
financial condition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts relating to
the legality and marketability of said bonds as the same appear from the
books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates and affidavits,
including any heretofore furnished, shall be deemed representations of the
City as to the facts stated therein. The Mayor and City Clerk are hereby
authorized and directed to certify that they have examined the terms of
proposal prepared and circulated in connection with the issuance and sale
of the bonds and that to the best of their knowledge and belief said
statement is a complete and accurate representation of the facts and
representations made therein as of the date of said terms of proposal.
13. When all revenue bonds issued under this resolution have beep
discharged as provided in this paragraph, all pledges, covenants and othe
rights granted by this resolution to the holders of the revenue bonds shall
cease, except that the pledge of the full faith and credit of the City for
the prompt and full payment of the principal of and interest on the revenue
bonds (and premiums, if any) shall remain in full force and effect. The
City may discharge all revenue bonds which are due on any date by depositing
with the Registrar for such bonds on or before that date a sum sufficient for
the payment thereof in full; or if any bonds should not be paid when due, it
may nevertheless be discharged by depositing with the Registrar a sum
sufficient for the payment thereof in full with interest accrued to the date
of such deposit. The City may also at any time discharge this issue of
bonds in its entirety by complying with the provisions of Minnesota
Statutes, Section 475.67, Subdivisions 4 to 12, except that the funds
deposited in escrow in accordance with said provisions may (to the extent
permitted by law), but need not be, in whole or in part, proceeds of advance
refunding bonds. The City may discharge revenue bonds as herein provided
without the consent of any bondholders.
14. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on
the Bonds to become subject to taxation under the Internal Revenue Code of
1986, as amended (the Code), and the Treasury Regulations promulgated
thereunder (the Reglations), and covenants to take any and all actions
within its powers to ensure that the interest on the Bonds will not become
subject to taxation under the Code and the Regulations. Bonds will b(
designated by the City as "qualified tax-exempt obli atioTnhse.
of the Tax Reform Act of 1986 It is also determined g for purposes
· that the Bonds are not
arbitrage bonds and are not private activity bonds.
15. The City has agreed to furnish to the purchaser the approving
legal opinion of Messrs. Wurst, Pearson, Larson Und
Minneapolis, Minnesota. an~ ~.,~ ^-:-:- . _ , . erwood, and Mertz, of
Clerk shall obtain a o~v n~ -~-~.'~ u_F_~n~o.n is ner_eDy requested· The Cit
c_=~ v_ oaxu approving legal opinion, which shall bey
complete except as to dating thereof, and shall cause said opinion to be
printed on each Bond, together with a certificate to be signed by the
facsimile signature of the City Clerk in substantially the following form:
I hereby certify that the foregoing is a
full, true and correct copy of the legal opinion
executed by the above named attorneys, except as
to the dating thereof, which opinion has been
handed to me for filing in my office prior to the
time of bond delivery.
Francene C. Clark
City Clerk
City of Mound
At the time of delivery, the City Clerk shall prepare a similar separate
certificate, and the City Clerk is hereby authorized and directed to
execute such certificate in the name of the City upon receipt of such
opinion and to file the opinion in the City offices.
!1
The motion for the adoption of the foregoing resolution was duly
_, and upon vote being taken
seconded by Member
thereon, the following voted in favor thereof:
and the following voted against:
whereupon said resolution was declared duly passed and adopted.
Approved this _____ day of July, 1993.
Mayor
Attest'
City Clerk
!1 t, i i,
16. The City Clerk is authorized and directed to instruct the
Bond Registrar and Paying Agent, , to receive
$ of the bond proceeds on the date of closing which represents
the costs of issuance of the bonds. The Bond Registrar and Paying Agent is
directed to pay from such proceeds the fees and expenses of the following
persons in the amount set forth opposite the name of such person as follows:
Person Service Performed Amount
Springsted Incorporated Fiscal Consultant $
Wurst, Pearson, Larson,
Underwood and Mertz Bond Counsel $
Rating Agency $
Registrar and
Paying Agent $
The motion for the adoption of the foregoing resolution was duly
seconded by Member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against:
whereupon said resolution was declared duly passed and adopted.
Approved this day of July, 1993.
Mayor
Attest:
City Clerk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF MOUND
I, the undersigned, being duly qualified and acting City Clerk of
the City of Mound, Minnesota, do hereby certify that I have carefully
compared the attached and foregoing extract of minutes of a regular meeting
of the City Council of the City of Mound, Minnesota, held on July 27, 1993,
with the original thereof on file and of record in my office, and the same is
a full, true and complete transcript therefrom insofar as the same relates
to the issuance of General Obligation Water and Sewer Revenue Bonds, Series
1993B of the City.
(SEAL)
City Clerk
City of Mound,
Minnesota
STATE OF MINNESOTA
COUNTY OF HENNEPIN
COUNTY AUDITOR'S
CERTIFICATE AS TO
TAX LEVY AND
REGISTRATION
I, the undersigned County Auditor of Hennepin County, Minnesota,
hereby certify that a certified copy of a resolution adopted by the
governing body of the City of Mound, Minnesota, on July 27, 1993, levying
taxes for the payment of $1,350,000 General Obligation Water and Sewer
Revenue Bonds, Series 1993B of said municipality dated August 1, 1993, has
been filed in my office and said bonds have been entered on the register of
obligations in my office and that such tax has been levied as required by
law.
WITNESS My hand and official seal this
__day of .-,
1993.
County Auditor
Hennepin County, Minnesota
(SEAL)
By
Deputy
EXT]~ACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF MOUND
HENNEPIN COUNTY, MINNESOTA
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Mound, State of Minnesota, was duly held at the
City Hall in said City on Tuesday, the 27th day of July, 1993, at 7:30 p.m.
The following members were present:
and the following were absent:
The Mayor announced that the next order of business would be the
consideration of bids for the purchase of $540,000 General Obligation
Building Refunding Bonds, Series 1993C as advertised for sale.
The City Finance Director then presented the bids which had been
delivered to him prior to the time specified in the terms of proposal and
said bids had been opened, examined and found to be as follows:
After due consideration of said bids, Member
introduced the following resolution and moved its adoption:
RESOLUTION NO.
as
RESOLUTION AWARDING THE SALE OF $540,000 GENERAL
OBLIGATION BUILDING REFUNDING BONDS, SERIES
1993C; FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY; AND
PROVIDING FOR THEIR PAYMENT.
BE IT RESOLVED, By the City Council of the City of Mound, Minnesota,
follows:
1. The bid of ~lb~
to purchase $540,000 General Obligation Building Refunding Bonds, Series
1993C of the City described in the terms of proposal is hereby found and
determined to be the highest and best bid received and shall be and is hereby
accepted, such bid being to purchase such bonds at a price of $~/A$O~
plus accrued interest to date of delivery, such bonds to bear interest as
follows:
YEAR RATE
YEAR RATE
1996 % 2000 %
1997 % 2001 %
1998 % 2002 %
1999 % 2003 %
The sum of $ ~-qO ., being the amount bid in excess of $535,140, shall
be credited ~o the bond sinking fund hereinafter created. The City Finance
Director is directed to retain the good faith check of the successful bidder
pending completion of the sale and delivery of the bonds. The City Finance
Director is directed to return the checks of the unsuccessful bidders
forthwith.
2. The City of Mound shall forthwith issue and sell its General
Obligation Building Refunding Bonds, Series 1993C (the "Bonds") in the
principal amount of $540,000, dated August 1, 1993. The printed, fully
registered Bonds shall be in the denomination of $5,000 each or higher
multiples thereof for any single maturity, bearing interest as above set
forth, all interest payable August 1, 1994, and semiannually thereafter on
February 1 and August 1 in each year, and which bonds mature serially on
February 1 in the years and amounts as follows:
YEAR
1996
1997
1998
AMOUNT
$60,000
60,000
60,000
YEAR AMOUNT
2000 $70,000
2001 70,000
2002 75,000
1999 65,000 2003 80,000
The City may elect on February 1, 2001, and on any day thereafter, to prepay
Bonds due on or after February 1, 2002. Redemption may be in whole or in
part and if in part, at the option of the City and in such order as the City
shall determine and within a maturity by lot as selected by the registrar.
All prepayments shall be at a price of par plus accrued interest.
3. Both principal of and interest on the Bonds shall be payable at
in _~~A~ sota, he City of Mound shall pay the
reasonable charges of said bank for its services as paying agent.
4. The Bonds shall be in substantially the following form:
!1 1, i !,
NO.
(Face of the Bonds)
UNITED STATES OF AMERICA
STATE OF MINNESOTA
HENNEPIN COUNTY
CITY OF MOUND
GENERAL OBLIGATION BUILDING REFUNDING BOND, SERIES 1993C
Rate Maturity Date of Original Issue
August 1, 1993
CUSIP
KNOW ALL MEN BY THESE PRESENTS that the City of Mound, Hennepin
County, Minnesota, a municipal corporation, (the City), acknowledges
itself to be indebted and, for value received, hereby promises to pay to
or registered assigns, the principal sum of
on the maturity date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on August 1 and February
1 in each year, commencing August 1, 1994, to the person in whose name this
Bond is registered at the close of business on the 15th day (whether or not a
business day) of the immediately preceding month. The interest hereon
and, upon presentation and surrender hereof at the principal office of the
Bond Registrar hereinafter designated, the principal hereof are payable in
lawful money of the United States of America by check or draft of
in , Minnesota, as Bond Registrar, Transfer Agent and
Paying Agent (the Bond Registrar), or its successor designated under the
Resolution described herein.
Additional provisions of this Bond are contained on the reverse
hereof and such provisions shall for all purposes have the same effect as
though fully set forth hereon.
This Bond shall not be valid or become obligatory for any purpose or
be entitled to any security or benefit under the Resolution until the
Certificate of Authentication hereon shall have been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
INWITNESSWHEREOF, the City of Mound, Hennepin County, Minnesota,
by its City Council, has caused this Bond to be executed by the facsimile
signatures of the Mayor and the City Manager, and has caused this Bond to be
dated as of the date set forth below.
Dated:
(Facsimile Signature)
City Manager
(Facsimile Signature)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
as Bond Registrar and Paying
Agent
Sy,~
Authorized Representative
(Reverse of the Bonds)
This Bond is one of an issue in the aggregate principal amount of
$540,000 (the Bonds), all of like date and tenor except as to serial number,
denomination, interest rate, maturity date, and redemption privileges,
issued pursuant to a resolution adopted by the City Council on July 20,
1993, (the Resolution), to finance the refunding of a bond issue previously
sold to finance construction costs of a public works facility, the callable
maturities of which issue will be paid from the proceeds of this issue, and
is issued pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto enabling,
including Minnesota Statutes, Chapter 475. This Bond is payable from an
Escrow Account and from ad valorem tax levies which will be credited to the
General Obligation Building Refunding Bonds, Series 1993C Fund
Fund) of the City, but the City is required by law to pay maturing (the Bond
principal
hereof and interest hereon from any available funds of the City if moneys on
hand in the Bond Fund are insufficient therefor
fully registered bonds, in denominations The Bonds are issuable
only as %f $5,000 or any multiple
thereof, of single maturities.
The City may elect on February 1, 2001, and on any day thereafter,
to prepay Bonds due on or after February 1, 2002. Redemption may be in
whole or in part and if in part, at the option of the City and in such order as
the City shall determine and within a maturity by lot as selected by the
registrar. All prepayments shall be at a price of par plus accrued
interest.
As provided in the Resolution and subject to certain limitations
set forth therein, this Bond is transferable upon the books of the City at
the principal office of the Bond Registrar, by the registered owner hereof
in person or by his attorney duly authorized in writing upon surrender
hereof together with a written instrument of transfer satisfactory to the
Bond Registrar, duly executed by the registered owner or his attorney; and
may also be surrendered in exchange for Bonds of other authorized
denominations. Upon such transfer or exchange, the City will cause a new
Bond or Bonds to be issued in the name of the transferee or registered owner,
of the same aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or
exchange.
The City and the Bond Registrar may deem and treat the person in
whose name this Bond is registered as the absolute owner hereof, whether
this Bond is overdue or not, for the purpose of receiving payment and for all
other purposes, and neither the City nor the Bond Registrar shall be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions, and things required by the Constitution and laws of the
State of Minnesota to be done, to exist, to happen and to be performed
precedent to and in the issuance of this Bond in order to make it a valid and
binding general obligation of the City according to its terms have been
done, do exist, have happened and have been performed in regular and due
form as so required; that the City has pledged funds in the Escrow Account
and ad valorem taxes, collectible in the years and amounts required to
produce sums not less than five percent in excess of the principal of and
interest on the Bonds as such principal and interest respectively become
due, and has appropriated the same to the Bond Fund in the manner specified
nesota Statutes, Section 475.61; that, in the event of any
in Min . . · · · Fund additional ad
ted or anticipated deficiency in the Bond , . .
ac~umul~ ........... ired bv law to be levied upon all taxable property in
valorem tax~ ~L= ~ ~
the City without limitation as to rate or amount; and that the issuance of
this Bond does not cause the indebtedness of the City to exceed any
constitutional or statutory limitation.
The following abbreviations, when used in the inscription on the
face of this Bond, shall be construed as though they were written out in full
according to the applicable laws or regulations:
TEN COM - as tenants UNIF TRANSFERS MIN ACT...Custodian ....
in common (Cust) (Minor)
TEN ENT -
JT TEN -
list.
as tenants
by the entireties
as joint tenants
with right of
survivorship and
not as tenants
in common
under Uniform Transfers to
Minors
Act ..... ~t~t~) ....
Additional abbreviations may also be used though not in the above
ASSIGNMENT
For value received, the undersigned hereby sells, assigns, and
transfers unto
the within Bond and all rights thereunder and does hereby irrevocabl
constitute and appoint '
attorney to transfer the within Bond on the books kept for registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: The assignor,s signature to
this assignment must correspond with
the name as it appears upon the face of
the within Bond in every particular,
without alteration or any change
whatever.
Signature(s) must be guaranteed by a national bank or trust company or bya
brokerage firm having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless the
information concerning the assignee requested below is provided:
Name and Address
(Include information for all joint owners
if the Bond is held by joint account.)
PLEASE INSERT SOCIAL SECURITY NUMBER OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
5. The Bonds shall be issuable only in fully registered form.
The interest and principal amount thereof shall be payable by check or draft
issued by the Registrar described herein.
6. Dates; Interest Payment Dates. Each Bond shall be dated as of
the last interest payment date precedin the d
which interest on the Bond ~=~ ~ ...... ~-~ .ate of authentication to
unless (il the d=~ ^~ ~,.~-~ ~n p~o o~ ~a~e available for paym t,
· ' '~ ~ ~u~~ca~on ~s an ~nterest payment date to w~ch
interest has been paid or made available for .
Bog? s~all be dated as of the date of a,.~ .... payment, in.which case such
uua~n~cat~on, or (ii) the date of
authentication is prior to August 1, 1994, in which case such Bond shall be
dated as of August 1, 1993. The interest on the Bonds shall be payable on
February 1 and August 1 in each year, commencing August 1, 1994, to the owner
of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business day.
7. Registration. The City shall appoint and shall maintain a
!1 t, i i, u ''
bond registrar, transfer agent, and paying agent (the Registrar). The
effect of registration and the.rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its
principal corporate trust office a bond register in which
the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred
or exchanged.
(b) Transfer of Bonds. Upon surrender for
transfer of any Bond duly endorsed by the registered owner
thereof or accompanied by a written instrument of transfer,
in a form satisfactory to the Registrar, duly executed by
the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by
the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth
day of the month preceding each interest payment date and
until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is
surrendered by the registered owner for exchange, the
Registrar shall authenticate and deliver one or more new
Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney
duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon
any transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When any
Bond is presented to the Registrar for transfer, the
Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate
instrument of transfer is legally authorized. The
Registrar shall incur no liability for its refusal, in good
faith, to make transfers which, in its judgment, it deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the
Registrar may treat the person in whose name any Bond is at
any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or
not, for the purpose of receiving payment of, or on account
of, the principal of and interest on such Bond and for all
other purposes, and all such payments so made to any such
registered owner or upon the owner's order shall be valid
and effectual to satisfy and discharge the liability of the
City upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer
or exchange of Bonds, the Registrar may impose a charge upon
the owner thereof sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be
paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds.
In case any Bond shall become mutilated or be lost, stolen
or destroyed, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such
mutilated Bond or in lieu of and in substitution for any
such Bond lost, stolen or destroyed, upon the payment of the
reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond lost,
stolen or destroyed, upon filing with the Registrar
evidence satisfactory to it that such Bond was lost, stolen
or destroyed, and of the ownership thereof, and upon
furnishing to the Registrar an a ro rlat
indemnity in form --~ ..... PP P ' e bond or
~ , ~uu~nce anG amount satisfa .
in which bond t ~ ~ .... ~ ...... ctory to it,
h_ ~ aHu ~ne ~eg~strar shall be named as
obligees, all pursuant to the provisions of Minnesota
Statutes, Sections 475.69 and 475.70. All Bonds so
surrendered to the Registrar shall be cancelled by it and
evidence of such cancellation shall be given to the City.
If the mutilated, lost, stolen or destroyed Bond has
already matured or been called for redemption in accordance
with its terms, it shall not be necessary to issue a new Bond
prior to payment.
8. Appointment of Initial Registrar
~...~~ · The City hereby appoints
of _ ~,
_, Minnesota, as the initial Registrar. The Mayor and
the City Manager are authorized to execute and deliver, on behalf of the
City, a contract with
as Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, such corporation shall be
authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Re i
performed. TheCitv r ..... ~ ...... g strar for the services
(30) days' notice ~ ese~.=o ~ z~gn~ ~o remove any Registrar upon thirty
and upon the appointment of a successor Registrar, in
which event the predecessor Registrar shall deliver all cash and Bonds in
its possession to the successor Registrar and shall deliver the bond
register to the successor Registrar. On or before each principal or
interest due date, without further order of this City, the City Finance
Director shall transmit to the Registrar, from the General Obligation
Building Refunding Bond Fund described in paragraph 10 hereof, monies
sufficient for the payment of all principal and interest then due.
9. Preparation and Delivery. The Bonds shall be prepared under
the direction of the City Manager and shall be executed on behalf of the City
by the signatures of the Mayor and the City Manager, provided that the Mayor
and City Manager's signatures may be facsimiles thereof. In case any
officer whose signature, or a facsimile of whose signature, shall appear on
the Bonds shall cease to be such officer before the delivery of any Bond,
such signature or facsimile shall nevertheless be valid and sufficient for
s the same as if such officer had remained in office until
all purpose.., ....... ~-- -uch execution, no Bond shall be valid_or
delivery. Notwltnstan~ln~ ~ '
obligatory for any purpose or entitled to any security or benefit under this
resolution unless and until a certificate of authentication on such Bond
has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on
onds need not be signed by the same representative of the
different b ........... ~ -..~ntication on each bond shall
Registrar. The executea certificate u~ ~u~.~
be conclusive evidence that it has been authenticated and delivered under
this resolution. When the Bonds have been so executed and authenticated,
they shall be delivered by the City Finance Director to the Purchaser upon
payment of the purchase price, and the Purchaser shall not be obligated to
see to the application of the purchase price.
10. The Bonds shall be payable from the General Obligation
Building Refunding Bonds, Series 1993C Fund hereby created, earnings on the
escrow account made available pursuant to the escrow agreement, and the
proceeds of ad valorem taxes hereinafter levied are hereby pledged to said
fund. If any payment of principal or interest on the Bonds shall become due
when there is not sufficient money in said fund to pay the same, the City
shall pay such principal or interest from the general fund of the City and
such fund may be reimbursed for such advances out of proceeds of any funds
available or future ad valorem tax collections.
The Finance Director shall deposit the proceeds of the Bonds, other
than any amounts set aside to pay expenses, in an escrow account withe bank
whose deposits are insured by the Federal Deposit Insurance Corporation and
whose combined capital and surplus is in excess of $500,000, and shall
invest such funds in securities authorized by Minnesota Statutes, Section
475.66, maturing on such dates as shall be required to provide funds
sufficient to redeem the principal amount of the General Obligation
Building Bonds of 1988 on February 1, 1995. Prior to and including said
dates, investment earnings on said escrow account shall be used solely to
pay interest on the Bonds and shall be remitted to the Registrar for said
purpose. The Mayor and City Manager are hereby authorized to enter into an
escrow agreement with said Bank establishing the terms and conditions for
the escrow account. The City Clerk is authorized and directed forthwith to
give notice of the redemption and prepayment of the General Obligation
Building Bonds of ~9~s Notice of the redemption shall be given in
accordance with the of the resolutions authorizing issuance of said
Bonds. The Escrow Agent is directed to cause notice of the call for
redemption for each issue being redeemed to be published and to republish
the notice of redemption not more than 90 days nor less than 45 days before
the date fixed for their redemption, in the manner provided in Minnesota
Statutes, Section 475.67, Subd. 7.
11. There is hereby levied upon all taxable property within the
corporate limits of the City, a direct, annual tax in an amount sufficient,
together with the earnings on the escrow account made available pursuant tn
pararaph 10, to pay and for the express purpose of paying the interest on t]
Bonds as it falls due, and also to pay and discharge the principal thereof au
maturity. This levy shall not be repealed or the collection of said tax
obstructed until all such payments have been made or provided for. Such
tax shall be from year to year carried on t
collected as other taxes are co~^-~-= ~ t~x r011 of the City and
· ~~ ro
carried on the tax roll m _ .P. vlaed that the amount o
· . . ay be reduced in the f tax
surplus ~n the s~nk~n fund _ . year by the amount of
g created as provided below. ~ .......... any
~..~ ~muu~L or saia
tax carried into the tax rolls prepared in each of the following years, for
collection in the ensuing year, shall be such that if fully collected it
will, together with the investment earnings on the escrow account
appropriated pursuant to paragraph 10 hereof, produce the aggregate amount
of such interest and principal, which is estimated for each of said
collection years as follows:
LEVY YEAR
COLLECTION YEAR
LEVY AMOUNT
There is hereby created a special sinking fund for the Bonds, separate from
every other fund, which shall be maintained until the indebtedness is fully
paid or otherwise extinguished. All moneys appropriated and collected as
provided in this paragraph shall be deposited in the sinking fund, and shall
be used only to pay the amounts of principal and interest becoming due and
payable on the Bonds in each year. The sinking fund shall be administered
in accordance with the provisions of Minnesota Statutes, Section 475.66.
Nothing herein stated shall affect the taxes levied in the Resolutions
selling the 1988 Bonds being refunded by this issue, but the City shall take
action to cancel any remaining levies on those Bonds when the Bonds have
been redeemed.
In order to ensure compliance with the Internal Revenue Code of
1986 (the Code), and applicable regula
allocation of any funds to the sinkingti°ns' the Finance Director, upon
fund, shall ascertain the balance
then on hand in the sinking fund. If it exceeds the amount of principal and
interest on the Bonds to become due and payable through the December 1 next
following, plus a reasonable carryover equal to 1/12th of the debt service
due in the following bond year, said excess shall (unless an opinion is
otherwise received from bond counsel) be used to prepay or purchase Bonds,
or invested at a yield which does not exceed the yield on the Bonds
calculated in accordance with the Code, based upon their issue price to the
public ( %).
12.
The City Finance Director is hereby directed to file in the
office of the County Auditor of Hennepin County, a certified copy of this
resolution, together with such other information as the County Auditor may
require and to obtain from the auditor a certificate that the Bonds have
been entered upon the bond register as required by Minnesota Statutes,
Section 475.63.
13. The officers of the City are hereby authorized and directed to
prepare and furnish to the purchaser of the refunding bonds, and to the
attorneys approving the legality of the issuance thereof, certified copies
of all proceedings and records of the City relating to said bonds and to the
financial condition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts relating to
the legality and marketability of said bonds as the same appear from the
books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates and affidavits,
including any heretofore furnished, shall be deemed representations of the
City as to the facts stated therein. The Mayor, City Manager, and Finance
Director are hereby authorized and directed to certify that they have
examined the terms of proposal prepared and circulated in connection with
the issuance and sale of the bonds and that to the best of their knowledge
and belief said statement is a complete and accurate representation of the
facts and representations made therein as of the date of said official
statement or prospectus.
14. When all refunding bonds issued under this resolution have
been discharged as provided in this paragraph, all pledges, covenants and
other rights granted by this resolution to the holders of the refunding
bonds shall cease, except that the pledge of the full faith and credit of the
City for the prompt and full payment of the principal of and interest on the
refunding bonds (and premiums, if any) shall remain in full force and
effect. The City may discharge all refunding bonds which are due on any
date by depositing with the Registrar for such bonds on or before that date a
sum sufficient for the payment thereof in full; or if any bonds or interest
should not be paid when due, it may nevertheless be discharged by depositing
with the Registrar a sum sufficient for the payment thereof in full with
interest accrued to the date of such deposit. The City may also at any time
discharge this issue of bonds in its entirety by complying with the
provisions of Minnesota Statutes, Section 475.67, Subdivisions 4 to 12,
except that the funds deposited in escrow biunt accordance with said
provisions may (to the extent permitted by law), need not be, in whole or
in part, proceeds of advance refunding bonds. The City may discharge the
refunding bonds as herein provided without the consent of any bondholders.
15. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on
the Bonds to become subject to taxation under the Internal Revenue Code of
1986, as amended (the Code), and the Treasury Regulations promulgated
thereunder (the Reglations), and covenants to take any and all actions
within its powers to ensure that the interest on the Bonds will not become
subject to taxation under the Code and the Regulations. The Bonds will be
designated by the City as "qualified tax-exempt obligations" for purposes
of the Tax Reform Act of 1986. It is also determined that the Bonds are not
arbitrage bonds and are not private activity bonds.
16. The City has agreed to furnish to the purchaser the approvin
legal opinion of Messrs. Wurst, Pearson, Larson, Underwood, and Mertz, o~
Minneapolis, Minnesota, and such opinion is hereby requested. The City
Clerk shall obtain a copy of said approving legal opinion, which shall be
complete except as to dating thereof, and shall cause said opinion to be
printed on each Bond, together with a certificate to be signed by the
facsimile signature of the City Clerk in substantially the following form:
I hereby certify that the foregoing is a
full, true and correct copy of the legal opinion
executed by the above named attorneys, except as
to the dating thereof, which opinion has been
handed to me for filing in my office prior to the
time of bond delivery.
Springsted Incorporated
Wurst, Pearson, Larson,
Underwood and Mertz
Francene C. Clark
City Clerk
City of Mound
At the time of delivery, the City Clerk shall prepare a similar separate
certificate, and the City Clerk is hereby authorized and directed to
execute such certificate in the name of the City upon receipt of such
opinion and to file the opinion in the City offices.
17. The City Clerk is authorized and directed to instruct the
Bond Registrar and Paying Agent
receive $... ,
of the bond proceeds on the date A~ _. . -f ti
represents the costs of ' u~ u~oslng wnicl~
issuance of the bonds. The Bond Registrar and
Paying Agent is directed to pay from such proceeds the fees and expenses of
the following persons in the amount set forth opposite the name of such
person as follows:
Person
Service Performed Amount
Fiscal Consultant
Bond Counsel
Rating Agency
Registrar and
Paying Agent
$
$_
The motion for the adoption of the foregoing resolution was duly
seconded by Member
, and upon vote being taken
thereon, the following voted in favor thereof:
16. The City has agreed to furnish to the purchaser the approving
legal opinion of Messrs. Wurst, Pearson, Larson, Underwood, and Mertz, of
Minneapolis, Minnesota, and such opinion is hereby requested. The City
Clerk shall obtain a copy of said approving legal opinion, which shall be
complete except as to dating thereof, and shall cause said opinion to be
printed on each Bond, together with a certificate to be signed by the
facsimile signature of the City Clerk in substantially the following form:
I hereby certify that the foregoing is a
full, true and correct copy of the legal opinion
executed by the above named attorneys, except as
to the dating thereof, which opinion has been
handed to me for filing in my office prior to the
time of bond delivery.
Francene C. Clark
City Clerk
City of Mound
At the time of delivery, the City Clerk shall prepare a similar separate
certificate, and the City Clerk is hereby authorized and directed to
execute such certificate in the name of the City upon receipt of such
opinion and to file the opinion in the City offices.
~ 17. The City Clerk is authorized and directed to instruct the
\~ to receive $ of
Agent '
Escrow ,
the bond proceeds on the date of closing which represents the costs
~fissuance of the bonds, and to use said proceeds to pay those costs. ~
The motion for the adoption of the foregoing resolution was duly 1
seconded by Member , and upon vote being taken/
thereon, the following voted in favor thereof: ~t~ ~
and the following voted against:
whereupon said resolution was declared duly passed and adopted.
Approved this .. day of July, 1993.
Mayor
Attest:
City Clerk
III i i
ESCROW AGREEMENT
THIS AGREEMENT, made and entered into by and between the City of
Mound, Minnesota, herinafter called the Issuer, and ,
in , hereinafter called the Agent;
WITNESSETH, that the parties hereto recite and, in consideration
of the mutual covenants and payments referred to and contained herein,
covenant and agree as follows:
1. The Issuer has duly issued and presently has outstanding the
following issue of bonds:
Title
G.O. Building
Bonds of 1988
Original Outstanding
Date of Principal Principal
Issue Amount Amount
5/1/88 $790,000 $600,000
and has issued its $540,000 General Obligation Building Refunding Bonds,
Series 1993C, dated August 1, 1993, (hereinafter called the "Refunding
Bonds"), to advance refund those outstanding bonds of the above issue
maturing in the years 1996 through 2003 (the "Refunded Bonds") in a
crossover refunding pursuant to Minnesota Statutes, Section 475.67, subd.
13.
2. The Issuer has also, in accordance with a resolution adopted
July 27, 1993, simultaneously with the execution of this Agreement,
transmitted proceeds of the Refunding Bonds in the amount of $
to the Agent to be used as follows:
(a) $ of the proceeds of the Refunding Bonds
to be used to purchase the $ principal amount of United
in · l, I i, t[ I I
States Treasury Certificates of Indebtedness and Notes - State and
Local Government Series, described in the attached Exhibit A; and
(b) $ of the proceeds of the Refunding Bonds
to be used to pay bond issuance expenses, and $ to be
returned to the Issuer for deposit in the debt service fund from
which the Refunding Bonds are payable.
In the opinion of , certified public
accountants, the federal securities designated in paragraph (a) mature at
such times and bear interest at such rates that the collections of principal
and interest thereon will produce the amounts shown on Exhibit B attached
hereto to be applied against the interest due on the Refunding Bonds to and
including February 1, 1995, (the Crossover Date"), and will be sufficient
to pay the principal amount of the Refunded Bonds on such date.
3. The Agent agrees to apply the funds received from the Issuer in
the manner and for the purposes set forth in Section 2 hereof and this
Section. The Agent acknowledges purchase and receipt of the federal
securities described in Section 2 and agrees that it will hold such federal
securities ina special escrow account (the "Escrow Account") in the name of
the Issuer, and will collect and receive on behalf of the Issuer all
payments of principal and interest on such secruties and, prior to and
including the Crossover Date, will remit from said Escrow Account to the
Registrar and Paying Agent for the Refunding Bonds, the moneys received
from time to time for the payment of interest thereon prior to and including
the Crossover Date as shown in Exhibit B. On the Crossover Date, the Agent
will remit to Norwest Bank Minnesota, N.A., in Minneapolis, Minnesota, or
its successor, as paying agent for the Refunded Bonds, the sum of $510,000
from the Escrow Account to pay the principal of the Refunded Bonds on the
! I l, ! i, I~ I I
Crossover Date. Any remaining funds in the Escrow Account after such
transfer shall be remitted to the Issuer. The Agent will also, not less
than 45 days nor more than 90 days prior to the Crossover Date, cause the
appropriate notice of the redemption relating to the Refunded Bonds to be
mailed to the Registrar with instructions that said notice be mailed to all
registered owners not less than 30 days prior to the Crossover Date and to be
published once in substantially the form set forth in the attached Exhibit
C, in a daily or weekly periodical published in a Minnesota city of the first
class, or its metropolitan area, which circulates throughout the state and
furnishes financial news as a part of its service, and to be mailed to the
paying agent for the Refunded Bonds.
4. In order to insure continuing compliance with the Internal
Revenue Code, and present Internal Revenue Service Regulations promulgated
thereunder, the Agent agrees that it will not reinvest any cash received in
payment of the principal of and interest on the federal securities held in
the Escrow Account. Said prohibition on reinvestment shall continue
unless and until an opinion is received from nationally recognized bond
counsel that reinvestments, as specified in said opinion, may be made in a
manner consistent with the Code and then existing Regulations.
5. The Agent also acknowledges receipt from the Issuer of the sum
of Dollars ($ ) as and for
full compensation for all services to be performed by it as Agent under this
Agreement, and the Agent expressly waives any lien upon or claim against the
moneys and investments in the Escrow Account.
6. In , 19__, and in of
each year thereafter until termination of the escrow for which provision is
herein made, the Agent shall submit to the Issuer a report covering all
! I ~, I I, II I I
money it shall have received and all payments it shall have made or caused to
be made hereunder during the preceding calendar year. Such report shall
also list all obligations held in the Escrow Account and the amount of money
existing in the Escrow Account on December 31 of such preceding year.
7. It is recognized that title to the federal securities and money
held in the Escrow Account from time to time shall remain vested in the
Issuer but subject always to the prior charge and lien thereon of this
Agreement and the use thereof required to be made by the provisions of this
Agreement. The Agent shall hold all such money and obligations in a special
trust fund and account separate and wholly segregated from all other funds
and securities of the Agent or deposited therein, and shall never commingle
such money or securities with other money or securites. It is understood
and agreed that the responsiblity of the Agent under this Agreement is
limited to the safekeeping and segregation of the moneys and securities
deposited with it in the Escrow Account, and the collection of and
accounting for the principal and interest payable with respect thereto.
8. This Agreement is made by the Issuer for the benefit of the
holders of the Refunding Bonds and the Refunded Bonds, as their interests
may appear, under and pursuant to Minnesota Statutes, Section 475.67, and
is not revocable by the Issuer, and the investments and other funds
deposited in the Escrow Account and all income therefrom have been
irrevocably appropriated for the payment of interest on the Refunding Bonds
prior to and including the Crossover Date and the payment and redemption of
the Refunded Bonds on said date, in accordance with this Agreement.
9. This Agreement shall be binding upon and shall inure to the
benefit of the Issuer and the Agent and their respective successors and
assigns. In addition, this Agreement shall constitute a third party
beneficiary contract for the benefit of the holders of the Refunding Bonds
and Refunded Bonds, as their interests may appear. Said third party
beneficiaries shall be entitled to enforce performance and observance by
the Issuer and the Agent of the respective agreements and covenants herein
contained as fully and completely as if said third party beneficiaries were
parties hereto.
10. Upon merger or consolidation of the Agent, if the resulting
corporation is a bank or trust company authorized by law to conduct such
business, such corporation shall be authorized to act as successor Agent.
Upon the resignation of the Agent, which shall be communicated in writing to
the Issuer, or in the event the Agent becomes incapable of acting hereunder,
the Issuer reserves the power to appoint a successor Agent. No resignation
shall become effective until the appointment of a successor Agent. Upon
appointment of a successor Agent, the Issuer shall cause notice thereof to
be published in a daily or weekly periodical published in a Minnesota city
of the first class or its metropolitan area, which circulates throughout
the state and furnishes financial news as a part of its service, within 30
days after said appointment, but failure to make such publication shall not
invalidate the appointment of said successor Agent.
IN WiTNESS WHEREOF the parties hereto have caused this instrument
to be duly executed by their duly authorized officers, on the _ _ day of
__, 1993.
City of Mound, Minnesota
By
Its Mayor
(SEAL)
And
Its City Manager
By¸
Its
(SEAL)
ti I 1, i I, B I I
EXHIBIT C
NOTICE OF REDEMPTION
$790,000 General Obligation Building Bonds of 1988
Dated May 1, 1988
City of Mound
Hennepin County, Minnesota
Notice is hereby given that the bonds of the above issue which mature on
February 1 in the years 1996 through 2003, and bear CUSIP numbers
through , are called for redemption and prepayment on February 1,
1995. The bonds will be redeemed at a price of 100% of their principal
amount plus accrued interest to the date of redemption. Holders of such
bonds should present them for payment to Norwest Bank Minnesota, N.A., in
Minneapolis, Minnesota, on or before said date when they will cease to bear
interest.
Dated , 19__.
BY ORDER OF THE CITY COUNCIL
City Clerk
City of Mound, Minnesota
lB · I, · m, I~ il
and the following voted against:
whereupon said resolution was declared duly passed and adopted.
Approved this day of July, 1993.
Attest:
Mayor
City Clerk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF MOUNDPARK
I, the undersigned, being duly qualified and acting City Clerk of
the City of Mound, Minnesota, do hereby certify that I have carefully
compared the attached and foregoing extract of minutes of a regular meeting
of the City Council of the City of Mound, Minnesota, held on July 27, 1993,
with the original thereof on file and of record in my office, and the same is
a full, true and complete transcript therefrom insofar as the same relates
to the issuance of General Obligation Building Refunding Bonds, Series
1993C of the City.
(SEAL)
City Clerk
City of Mound,
Minnesota
ti, I 1, i I, It i i
STATE OF MINNESOTA COUNTY AUDITOR'S
CERTIFICATE AS TO
COUNTY OF HENNEPIN TAX LEVY AND
REGISTRATION
I, the undersigned County Auditor of Hennepin County, Minnesota,
hereby certify that a certified copy of a resolution adopted by the
governing body of the City of Mound, Minnesota, on July 27, 1993, levying
taxes for the payment of $540,000 General Obligation Building Refunding
Bonds, Series 1993C of said municipality dated August 1, 1993, has been
filed in my office and said bonds have been entered on the register of
obligations in my office and that such tax has been levied as required by
law.
1993.
WITNESS My hand and official seal this__
day of ,
(SEAL)
By
County Auditor
Hennepin County, Minnesota
Deputy
PROPOSED RESOLUTION #~-..
RESOLUTION TO APPROVE A FINAL PLAT
FOR "'BALBOA ADDITION"
INVOLVING LANDS OWNED BY DAKOTA RAIL, INC.
LOCATED NORTH OF THE BALBOA BUILDING AT 5300 SHORELINE DRIVE
P&Z CASE #93-023
WHEREAS, the final for Balboa Addition has been submitted
in the manner required for platting of land under the City of Mound
Ordinance Code Section. 330 and under Chapter 462 of the Minnesota
Statutes and all proceedings have been duly conducted thereunder;
and
WHEREAS, said plat is in all respects consistent with the
City plan and the regulations and requirements of the laws of the
State of Minnesota and Ordinances of the City of Mound; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mound, Minnesota, as follows:
Plat approval Case #93-023, Balboa Addition is approved
upon compliance with the following requirements:
1. Per final plat Exhibit "A".
Per requirements set out in Resolution #93-90,
approving the preliminary plat of Balboa Addition.
The City Clerk is hereby directed to supply a certified
copy of this resolution to the owners and subdivider
after completion of the requirement of their use as
required by M.S.A. 462.358.
The Mayor and the City Manager are hereby authorized to
execute the Certificate of Approval on behalf of the City
Council upon compliance with the foregoing provisions.
This final plat shall be filed and recorded within 60
days of the signing of the hardshells by the Mayor and
City Manager in accordance with Section 330 of the City
Code and shall be recorded within 180 days of the
adoption date of this resolution with one copy being
filed with the City of Mound.
BE IT FURTHER RESOLVED that such execution of the
Certificate upon said plat by the Mayor and City Manager shall be
conclusive showing of property compliance therewith by the
Subdivider and City Officials and shall entitle such plat to be
placed on record forthwith without further formality, all in
compliance with M.S.A. 462 and the Ordinances of the City.
Ju.t 20 ,g5
12:U$ N0.UU$ P.U'2
HENNEPIN
ASSESSOR
A-2103 Government Center
300 South Sixth Street
Minneapolis, Minnesota 55487-0213
July 20, 1993
Curt Pearson
Mound City Attorney
1100 One Financial Pla~a
120 So. 6th Street
Minneapolis, MN 55402
Dear Mr. Pearson:
Re: Proposed Balboa Addition
MD. Jeanne Matzen called me on July'19 and requested an estimated
market value for the proposed ~alboa .Addition. ProPerty
Identifica%lon Number 13-117-Z4-34-0077 covers approximately one
half of the proposed addition's land area. This PIP has a 1993
*mt~mated market value of $35,000.
The proposed Balboa Addition plat Jeanne sent mc contains
approximately 100,000 ~guare feet. The estimated market value on
this area will be ~ppru~imut~ly $70,000.
Please call me at 34B-3046 if you have any que~tione.
Yours truly,
· R.nner .f~dt
Principal Appr~ z~er
KMR: jb
c¢: Ed Shukle
Joann~ Matzen
HENNEPIN COUNTY
un ~quol opportunity employer
MINUTES OF A MEE~G OF THE
MOUND ADVISORY PLANNING COMMISSION
JULY 12, 1993
Case//93-034; Dakota Rail Inc., "Balboa Addition",
PUBLIC HEARING,
FINAl, PLAT -
Building Official, Jon Sutherland, Reviewed the City Planner's
report. The request being heard is for the Final Plat for Balboa
Addition, tomorrow night the City Council will be holding a public
hearing for the Preliminary Plat. The Final Plat, as submitted,
addresses all of the planning and engineering concerns that have
been raised to-date. The issue of a park dedication fee has been
reviewed by staff resulting in a fee of approximately $22,000 in
accordance with the formula in the Mound ordinance. Approval of
the Final Plat is recommended by staff subject to the following
conditions:
1. Payment of park dedication fees shall be required in
accordance with Section 330:120 of the Mound Code of
Ordinances.
Newly created Parcels i and 2 shall be combined for tax
purposes, with existing parcel 76.
The Owner/Applicant shall provide the City with title
insurance for all easements and rights-of-way that are to be
dedicated to the City of Mound.
Joanne Matzen, Attorney for Winthrop & Weinstine, and a
Representative of Welsh Companies, informed the Commission that
they are in agreement with the recommendation of staff, with the
exception of the park dedication fee requirement.
11
! I ~, I I, I[ I :
Planning Commission Minutes
July 12, 1993
Matzen believes that this request is not a typical platting
situation as the land will not be developed, they are only trying
to acquire the fee title of the access that Balboa is already
leasing from Dakota Rail. She referred to the City Ordinance which
states, "In every plat, replat, or subdivision of land allowing
development for residential, commercial industrial or other . . ."
She believes this statement allows a park dedication fee to be
exacted for only those properties "allowing development," and this
request does not involve a development or and expansion of use. In
addition, she stated that there is case law which indicates there
must be a rational nexus between the dedication fee exacted and the
burden the subdivision places on the community.
The Planning Commission discussed the park dedication issue.
Mueller commented that there are no "new lots" being created
because the parcels will be combined with the existing Parcel 0076,
therefore three parcels will be combined into one.
Mueller also commented, that in his opinion, the Commitment to
Insure does not represent clean title and the City Attorney should
investigate.
Betsy Brady questioned the hours of operation for the trucks at the
Balboa building, she stated that they operate during all hours of
the night and she is very concerned. The Building Official
informed her that she could come into City Hall and discuss the
issue with staff. Sutherland added that the businesses in the
Balboa building are required to obtain an operations permit which
is reviewed by the City Council and notices are published in the
local paper when the Council reviews these applications.
Chair Meyer confirmed with staff that the platting of this property
is not intended to change the use of the building.
Mueller questioned if the Conditional Use Permit, which allows for
the issuance operation permits, is attached to the current legal
description; and does the Conditional Use Permit need to be updated
if the legal description changes?
Chair Meyer closed the public hearing.
MOTION made by Mueller, seconded by Clapsaddle to
recommend approval of the Final Plat for Balboa Addition
as recommended by staff with the exception of condition
#1 requiring payment of park dedication fees as no new
lots are being created. Motion carried 6 to 2. Those in
favor were: Meyer, Clapsaddle, Mueller, Jensen, ross,
Hanus, and Michael. Johnson and Weiland opposed.
12
Planning Commission Minutes
July 12, 1993
Johnson commented that he does not like second guessing the
attorney and he feels there is a possibility development could be
allowed for this property. Weiland agreed.
A public hearing will be held on July 13, 1993 by the City Council
for the Preliminary Plat. The City Council will review the request
for Final Plat on August 10, 1993.
HUL~INUIUN
lB · I B, I~ !
IbL l',lO.blZ-:dSb-31bU JUl. f,U5 l~:Sb
Hoisington Koegqer Group Inc.
! 111
PLANNING REPORT
TO: Mound Planning Commission and Staff
FROM: Mark Koegler, City Planner
DATE: July 7, 1993
SUBJECT: Final Plat - Balboa Addition
APPLICANT: Dakota Rail, Inc.
CASE NUMBER: 93-4P~ O~'
HKG FILE NUMBER: 93-10d
LOCATION: East of Fairview Lane, South of Lynwood Boulevard and North of the
Existing Balboa Building
EXISTING ZONING: Industrial (I-l)
COMPREHENSIVE PLAN: Industrial
BACKGROUND: The Planning Commission reviewed the preliminary plat of Balboa
Addition on June 14, 1993. The preliminary plat is scheduled for action by the City
Council on July 13, 1993. Since the Planning Commission meeting, staff prepared a
supplemental report for the City Council summarizing a number of issues. A copy of
the supplemental report is attached.
COMMENT/RECOMMENDATION: The Final Plat for Balboa Addition addresses all
of the planning and engineering concerns that have been raised to date. Approval is
recommended subject to the conditions identified in the Planning Report Supplement
dated July 7, 1993.
Land Use / Environmental ' Planning / Design
7300 Metro Boulevard/Suite 525 · Minneaplis, Minnesota 55439 · (612) 835-9960 ' Fax: (612} 835-3160
JUL--I$--9~ TUE 12 :$0 P. 02
WINTHROP & WEI NSTI N E
(612) 290-$546
July 13, 1993
Mr. Edward Shukle, Ir.
City Manager
City of Mound
534I Maywood Road
Mound, Minnesota 55364
BY FACSIMILE
Re: I~Icota Rail/Ba.lboa Addition
Dear l~'. Shuklc:
This office represents the receiver for the Balboa building located at 5300 Shoreline Drive in
Mound. In connection with the operation of this building, Balboa Minnesota Co., Inc. has
leased a portion of the adjacent railroad right of way to the rear of the building which provides
access to the loading docks. Control over this adjacent property, currently owned by Dakota
Rail, Inc., is critical to the operation of the Balboa property.
On May 27, 1993, Dakota Rail submitted an application for a major subdivision of land to
facilitate a sale of this portion of the railroad right of way to Balboa. The City of Mound, as
you know, does not allow a major subdivision of land without the creation of a plat. Therefore,
we have submitted the propo~ plat of 'Balboa Addition' to the City for approval.
In response to a suggestion made at the Planning Commission Hearing on the preliminary plat
of Balboa Addition, the City Planner recommended in his supplementary planning report of July
7, 1993, that a park dedication fee of $22,000 (10% of the purchase price for the land) should
be exacted. We question whether a park fee is appropriate under these circumstances. At its
hearing on the final plat on July 12, 1993, and after further consideration of the issue, the
Planning Commission voted to delete the park fee from the requirements for plat approval.
Il ~, I
JUL-- 1 ~ 9~ TUE 1 2 : ~O
I
Mr. Edward Shuklc, Ir.
1uly 13, 1993
Page 2
As noted above, the purpose of the Balboa plat is simply to enable litle to the subject property
to transfer. Virtually no development of this property is planned or even possible. Section
330:120 of the Mound Code of Ordinances reads in relevant part as follows:
In every plat...or subdivision of land allowing development for...commercial, industrial,
or other uses or combination thereof...a reasonable portion of such land and/or cash shall
be set aside and dedicated by the u-act owner or owners to the general public aa open
space for park and playground purposes...
(emphasis added).
Since this particular subdivision does not allow for development, it follows that no authority
exists for exaction of a park dedication fee. Minnesota caselaw, requiring a 'rational nexus'
between the exaction imposed and the n_,x_d created by the subdivision, is in accord. In ¢oll[s
v. City of Bloomington, 310 Minn. 5, I7-18, 246 N.W.2d tg, 26 (I976), the court interpreted
§ 462.358 of Minnesota Statutes which enables exaction of reasonable park fees. Recognizing
the possibility for arbitrariness and unfairness in the enforcement of such exactions, the court
A municipality could use dedication regulations to exact land or fees from a subdivider
far out of pro, trion to the needs created by his subdivision in order to avoid imposing
the burden of paying for additional services on all citizens via taxation. To tolerate this
situation would allow an otherwis~ acceptable exercise of police power to become 'grand
theft. '
Thus, the court stated that reasonableness of thc fe~ is measured by thc impact on thc
recreational needs of the community as a result of the subdivision. S~ also M[ddlemist v. City
of Plymouth, 38'7 N.W.2d 190 (1986).
The use to which this property will be put is thc same as its present use. No additional services
will be consumed; no additional needs will be created by the proposed subdivision. We,
therefore, respectfully request that the requirement of a park dedication fee be dropped from the
conditions for approval of the final plat.
In addition to the foregoing, since the l~lboa building is in receivership, the intended purchas~
must be approved by the court. The court has previously approved an expenditure of $220,000
for the subject property. The 10% park fcc essentially increases the purchase price to $242,000
necessitating a new court order authorizing the purchase. The purchase agreement between
Balboa and Dakota Rail calls for a closing on or before August 16, 1993. Since time is of the
essence in this transaction the need for court approval could cripple or kill this transaction.
JUL--l~--95 TUE 12:~1 P.04
Mr. Edward Shulde, Ir.
.~uly 13, 1993
Page 3
Assuming the City feels thc continued existence and use of the Balboa building is an economic
benefit to the community the exaction of park fees should be reconsidered.
On behalf of the purchaser we ask that you review this letter and the City ordinances and the
cases. If you would like to discuss any of the foregoing point~ in more detail, please feel free
to call us. We appreciate your consideration and again respectfully request that you advise the
council that the pazk dedication fees do not apply under the foregoing circumstances.
Very truly yours,
~OP & w~$~, P.A.
Ms. Denise Brown
Curtis Pearson, Esq.
Thomas Underwood, F~1.
Mz. Thomas M. Hart
I I
Hoisington Koegler Group Inc,
PLANNING,REPORT SUPPLEMENT
TO: Mound City Council and Staff
FROM: Mark Koegler, City Planner
DATE: July 7, 1993
SUBJECT: Preliminary Plat Approval - Balboa Addition
This report is intended to provide clarification a~d to update the City Council on several issues
relative to the proposed preliminary plat known as Balboa Addition (Case Number 93-023). This
case was on the Planning Commission's agenda on Tune 14, 1993. The original planning report
addressed a number of issues and identified other issues that were unresolved at that time. Since
the report was drafted and subsequent to the Planning Commission meeting, the City Engineer
and I have met with representatives of Balboa to review all outstanding issues. Thc following
is a commentary on some of the issues pertaining to this case:
· The preliminary plat identifies right-of-way being dedicated for Fairview Lane.
· NSP has a lease agreement with Dakota Rail for the overhead utility lines that n~n along
the north side of the building. The City of Mound does not need easements for utilities
in this axea.
· All City utility lines are located in the dedicated right-of-way areas for Fairview Lane.
Therefore, no other easements will be necessary.
Park Dedication - The initial planning report did not discuss park dedication requirements.
Section 330:120 of the Mound Code of Ordinances states, "In every plat, replat, or
subdivision of land allowing development for residential, commercial, industrial, or other
uses or combination thereof, or in a planned development area, or where a waiver or
variance is granted, a reasonable portion of such land and/or cash shall be set aside and
dedicated by the tract owner or owners to the general public as open space for park and
playground purposes..." Subdivision 3 of this section further states that, "At the City's
option, except for minor subdivisions as herein defined, the subdivider shall contribute
an equivalent amount of cash, in lieu of all or a portion of the land which the City may
require such owner to dedicate pursuant to Subd. 2 hereof, in accordance with the
schedule set by resolution of the Council which cash contribution shall be a minimum of
7300 Metro Boulevard / Suite 525
Land U~e / Environmental · Planning / Design
m Minneapolis, Mi,hecta 55439 m (612) 835-9960 · Fax:(612) 835-3160
Planning Report Supplement
July 7, 1993
Page 2
ten percent (10%) of the total fair market value of the land being divided. In no case
shall the dedication of cash be less than $500 for each lot being created."
In this particular case, two new lots are being created. The City's park needs in this area
are being adequately met by existing facilities and therefore, it is assumed that a cash
dedication is in order in lieu of a land dedication requirement. According to
representatives of Balboa, the sales price of the two lots is approximately $220,000. This
results in a park dedication fee of approximately $22,000 in accordance with the formula
in the ordinance.
The original staff report contained a recommendation that the newly subdivided lots be
combined for tax purposes with existing parcel 76. Parcel 76 includes the balance of the
property owned by Balboa. This clause was included to ensure common ownership of
all parcels, particularly since proposed Lots I and 2 individually are unsuitable for
conforming industrial structures. The City Attorney has further concerns regarding Title
issues pertaining to the subdivision. These concerns are addressed in the staff
recommendations.
RECOMMENDATION: Staff recommends approval of the preliminary plat for the Balboa
Addition subject to the following conditions:
Payment of park dedication fees shall be required in accordance with Section 330:120 of
the Mound Code of Ordinances.
Newly created Parcels I and 2 shall be combined for tax purposes, with existing parcel
76.
The Owner/Applicant shall provide the City with title insurance for all easements and
rights-of-way that are to be dedicated to the City of Mound.
! I 1, ! I, II I I
RESOLUTION g92-
RESOLUTION TO APPROVE A PRELIMINARY PLAT
FOR "BALBOA ADDITION"
INVOLVING LANDS OWNED BY DAKOTA RAII J, INC.
LOCATED NORTH OF ~ BALBOA B UHJDING AT 5300
SHORELINE DRIVE
P&Z CASE g93-023
WHEREAS, the preliminary for Balboa Addition has been
submitted in the manner required for platting of land under the
City of Mound Ordinance Code Section 330 and under Chapter 462 of
the Minnesota Statutes and all proceedings have been duly conducted
thereunder; and
WHEREAS, said plat is in all respects consistent with the City
plan and the regulations and requirements of the laws of the State
of Minnesota and Ordinances of the City of Mound; and
WHEREAS, the subject property is located within the I-1 Light
Industrial Zoning District.
WHEREAS, the Mound Advisory Planning Commission unanimously
recommended approval of the preliminary plat, with conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Mound, Minnesota, as follows:
To approve the preliminary plat for Balboa Addition as shown
on the attached Exhibit A, upon the following conditions:
ae
Payment of park dedication fees shall be required in
accordance with Section 330:120 of the Mound Code of
Ordinances.
Newly created Parcels 1 and 2 shall be combined for tax
purposes, with existing parcel 76.
The Owner/Applicant shall provide the City with title
insurance for all easements and rights-of-way that are to
be dedicated to the City of Mound.
The existing legal description of the property to be platted
is attached as Exhibit B.
Proposed Resolution
Page 2
Case #93-023
Balboa Addition
The proposed legal descriptions are as follows:
Parcel 1 (33,942 square feet): Ail that part of the Dakota
Rail, Inc., railroad right-of-way located in the South Half of
Section 13, Township 117 North, Range 24 West of the Fifth
Principal Meridian, Hennepin County, Minnesota described as
follows:
Commencing at the southwest corner of said Section 13; thence
North 2 degrees 43 minutes 32 seconds East along the west line
of the Southwest Quarter of said Section 13 a distance of
799.82 feet to the center line of said Dakota Rail, Inc.
railroad right-of-way; thence North 87 degrees 26 minutes 58
seconds East along said center line a distance of 1347.46 feet
to the east line of the Southwest Quarter of the Southwest
Quarter of said Section 13 said east line is also the center
line of Cedar Lane, formerly Ivy Street, extended southerly;
thence North 2 degrees 34 minutes 56 seconds East along said
east line a distance of 10.04 feet to a line parallel with and
10.00 feet northerly of, as measured at right angles to said
center line of the Dakota Rail, Inc. railroad right-of-way
which is the point of beginning of the land to be described;
thence continuing North 2 degrees 34 minutes 56 seconds East
a distance of 40.16 feet to a line parallel with and 50.00
feet northerly of, as measured at right angles to said center
line; thence North 87 degrees 26 minutes 58 seconds East
parallel with said center line a distance of 846.76 feet to
the southwesterly corner of Lot 22, Block 11, Abraham Lincoln
Addition to Lakeside Park; thence South 2 degrees 33 minutes
02 seconds East a distance of 40.00 feet to said line parallel
with and 10.00 feet northerly of, as measured at right angles
to, the center line of said Dakota Rail, Inc. railroad right-
of-way; thence South 87 degrees 26 minutes 58 seconds West
parallel with said center line a distance of 850.35 feet to
said point of beginning.
Parcel 2 (68,733 square feet): Ail that part of Dakota Rail,
Inc. railroad right-of-way located in the south Half of
Section 13, Township 117 North, Range 24 West of the Fifth
Principal Meridian, Hennepin County, Minnesota described as
follows:
Commencing at the Southwest corner of said Section 13; thence
North 2 degrees 43 minutes 32 seconds East along the west line
of the Southwest Quarter of said Section 13 a distance of
799.82 feet to the center line of said Dakota Rail, Inc.
i I 1, I i, tt i i
Proposed Resolution
Page 2
Case #93-023
Balboa Addition
railroad right-of-way; thence North 87 degrees 26 minutes' 58
seconds East along said center line a distance of 1347.46 feet
to the east line of the Southwest Quarter of the Southwest
Quarter of said Section 13, said east line is also the center
line of Cedar Lane, formerly Ivy Street, extended Southerly;
thence South 2 degrees 34 minutes 56 seconds West along said
east line a distance of 10.04 feet to a line parallel with and
10.00 feet southerly of, as measured at right angles to said
center line of the Dakota Rail, Inc. railroad right-of-way
which is the point of beginning of the land to be described;
thence continuing South 2 degrees 34 minutes 56 seconds West
a distance of 40.16 feet to a line parallel with and 50.00
feet southerly of, as measured at right angles to said center
line; thence North 87 degrees 26 minutes 58 seconds East
parallel with said center line a distance of 1586.25 feet to
the west line of Lot 10, Block 2, "L.P. Creivers Subdivision
of Lot 36, Lafayette Park"; thence North 1 degree 08 minutes
52 seconds East along said west line of Lot 10 a distance of
8.77 feet to the northwest corner of said Lot 10; thence South
89 degrees 51 minutes 08 seconds East along the North line of
said lot 10 and its easterly extension a distance of 144.02
feet to the center line of Fairview Lane; thence North 1
degree 08 minutes 52 seconds East along said center line of
Fairview Lane a distance of 41.93 feet to a line parallel with
and 10.00 feet southerly of, as measured at right angles to,
said center line of the Dakota Rail, Inc. railroad right-of-
way; thence westerly, parallel with said center line a
distance of 140.37 feet, along a non-tangential curve, concave
to the south having a radius of 8584.37 feet, a central angle
of 0 degrees 56 minutes 13 seconds and a chord that bears
South 87 degrees 56 minutes 13 seconds West; thence South 87
degrees 26 minutes 58 seconds West continuing parallel with
said center line and tangent to said curve a distance of
1589.10 feet to said point of beginning.
BALBOA ADDITION FINAL PLAT
RESOLUTION ~93-
EXHIBIT A
Il ~, ! I, t
m
RlgSOLU'rlON {93-
~IBIT B
EXHIBIT "A"
All that portion of Burlington Northern Railroad Company's ~ayzata to
Hutchinson, Minnesota Branch Line right-of-way, varying in width on each side
of the Main Track centerline as originally located and constructed upon, over
and across Hennepin County, Minnesota, described as follows, to-wit:
All that portion of said Railroad Company's lO0-foot wide right-of-way
being SO feet wide on each ~tde of. the hereinafter described Main Track
centerline as originally located and constructed upon, over and across the
SWINE{, StNW{, NtSW{ of Section ], NiSEi, NE~SW{, Government Lots 3 and 4 of
Section 2, Government Lot I of Section 11, Government got 1, W{NE¼, Government
Cots 6, 3 and 4 of Section 10, Government Lots 1 and 2, Section XS and a
portion of Government Lot 7 of Section 16 all .in TllTN, R23W, ;th P.M..
Hennepin County, Minnesota, lying between the Southwesterly line of Brantor's
Minneapolis to Willmar 150 Toot wide right-of-way and the Southerly extension
of the Westerly line of Lot 78 of the original plat of Minnetonka Beach on
file and of record in th~ Office of the Register of Deeds in said Hennepin
County.
MAIN ll~ACK CENTERLIN£ DESCRIPTION
Co~m~encing at a point on the East line of said Section 1 distant 223,0~
feet South of the Ei corner of said Section 1, said point being on the
centerltne of said Minneapolis to Willmar 150 foot wide right-of~way; thence
Westerly at an angle of 89°3g' as measured f~om North to West for a distance
of 196,I feet; thence Northwesterly along a tangential curve to the right
having a radius Of 6,177.36 feet (delta angle 5°1Z') for a distance of 556.3
feet; thence continuing Northwesterly along a c~pound curve to the right
having a radius of 2,938.39 feet (delta an~le 7°48') for a distance of 400
feet; thence continuing Northwesterly along a compound curve to the right
having a radius of 3,437.87 feet {delta angle I3' 00') for a distance of 777.0
feet to the end of said compound curve; thence Northwesterly tangent to the
last described curve a distance of 29.3 feet to the Point of Beginnin~ of the
Main Track centerltne to be described; thence along a tangential curve to the
left concave Southerly having a radius of 1,910.08 feet (delta angle 37° 05')
for a dtstmnce of 1,236 feet; thence Southwesterly tangent to the last
described curve 3,814 feet; thence along a tangential curve to the left
concave Southeasterly haying a radius of 2,864.93 (delta of 18° 00') a
distance of gOO feets thence Southwesterly tangent to last described curve a
distance of 1,400 feet; thence along a tangential curve' to the left concave
Southeasterly having a radius of 5,729.65 feet (delta angle 4° 34') a distance
of 456.7 feet; thence Southwesterly tangent .to last described curve 3,244.3
feet; thence along a tapgenttal curve to the left concave Southeasterly having
a radius of ~,864.93 (delta angle 14° 08') a distance of 706 feet; thence
Southwesterly tangent to last described curve 863 feet; thence along a
tangential curve to the left concave Southeasterly having a radiu~ of 2,864.93
feet {delta 24° 47') a distance of 1,240 feet; thence'Southwesterly tangent to
last described.curve a distance of 4,500 feet; thence along a tangential curve
to the right concave Northwesterly having a radius of 1,637.2B feet {delta
angle 79" 20') a distance of 2,266.5 feet and there terminating.
-1-
All that portion of said Railroad Company's property at Mtnnetonka Beach on
said Branch Line situated in ~overnment Cots 7, 6 and 5 Section 16, TllTN.
R23W of the 5th P.M., described as follows:
Begtnniqg at the point of intersection of the North line of Lot gO of
said original plat of Minnetonka Beach and said Southerly extension of the
Westerly line of Lot 78 of the original plat of Mtnnetonka Beach; thence
Westerly along the North lines of said Lots 20 through ! inclusive, said
original plat of Minnetonka Beach and the Westerly extension thereof to the
centerline of vacated Lafayette Place: thence Southerly at right angles to the
last described course 20 feet; thence Westerly parallel with and 50 feet
Southerly as measured at right angles to said Main Track canto,line to the
Easterly line of Northview Road; thence North along said Easterly line 20
feet~ thence Westerly along the Northerly line of 45 foot wide Westwood Road
to the East line of Lake Street according to said recorded plat of Mtnnetonka
Beach; thence Northerly along said East line of Lake Street to a point $0 feet
Northerl~ and at right angles from said Main Track centerline~ thence Easterly
in a straight line to a point in the Northwesterly line of Cottage Place 8g.4
feet distant Northeasterly measured along said Northwesterl line from
Main Track canto,line, thence continuing Easterly along satdYstraight lin[a[~
the Southeasterly line of said Cottage Place at a point 75 feet Northerly and
at right angles to said Main Track canto,line; thence Easterly parallel with
said Main Track canto,line to the canto,line of said vacated Lafayette Place;
thence South along said centerltne 25 feet; thence Easterly 30 feet to the
Southwest corner of Lot -101 said original plat of Minnetonka Beach; thence
continuing Easterly along the South lines of said Lots 101, 202, 8g, 87, 85,
85, 84, 83, 8~, 81, 80 and 79 a distance of 1,1g2.4 feet to the Southwest
corner of said Lot 78; thence Southerly along the Southerly extension of the
esterly line of said Lot 78; a distance of ~00 feet to a point on the North
ina of said Lot 20; thence Westerly along said North line to the. Point of
Beginning: also,
All that portion of said Railroad Company's I00 foot wide right-of-way
being 50 feet wide on each side of the hereinafter described Main Track
canto,line upon, over and across government Lots 4 and 5, Section 25, and
Government Lots 6. 5 and 8 and the SENSE¼ of Section 17, T~17N, R23W, lying
~esterly of the Westerly line of said Lake Street; also,
An additional parcel of land being $0 feet wide and lying adjacent to and
Southerly of the hereinabove described ~00 foot wide right-of-way situated in
said Government Lot 8 of said Section 27, Tl17N. R23W, lying between two lines
drawn parallel with and distant respectively 50 feet and 100 feet Southerly
measured at right angles and radially to the hereinafter described Main Track
canto,line and bounded on the Northeasterly side by a 'line drawn at right
angles and radially to said hereinafter described Main Track canto,line
distant 697 feet Easterly from the West line of said ~overnment Lot 8 as
measured along said parallel line distant [00 feet Southerly and parallel with
said hereinafter described Main Track centerline, bounded on the West by the
West line of said Government Lot 8.
EXCEPTING T~EREFROM, the following five parcels .of land situated in
Government Lot ~, Section ~6, and Lot 6, Section 17, T1L7N, R23W. described as
follows:
-2-
Il
PARCEL I
Beginning at the Southwesterly corner of Lot 26, Block I, Townsite of
Langdon Park; thence Southerly on a Southerly extension of the Westerly line
of said Lot 26, a distance of 18 feet; thence Easterly along a line parallel
with the Southerly line oT said Lot 26 to its intersection with a line which
is parallel with and distant 118 feet Easterly from the Westerly line of said
Lot 26; thence Northerly parallel with said Westerly line of Lot 26 a distance
'of 18 feet to a point on the Southerly line of said Lot 2; thence Westerly
along the Southerly line of Lot 26 to the Point of Beginning.
PARCEL I~I
Beginning et the Southwesterly corner of Tract B, Registered Land Survey
No. 171, Files of Registrar of Titles, Nennepin County, Minnesota; thence
Southerly on a Southerly extension of the Westerly line of said Tract B, a
distance of 10 feet; thence Easterly along a line parallel with the Southerly
line of said Tract B to its intersection with a Southerly extension of the
Easterly line of said Tract B; thence Northerly along said extension of said
Easterly line to the Southeasterly corner of said Tract B; thence Westerly
along the Southerly line of said Tract B to the Point of Beginning.
PARCEL III
Beginning at the Southeasterly corner of Tract B,. Registered Land Survey
No. 171, in Lot 27, Block 1, Townsite of Langdon Park, thence Southerly on a
Southerly extension of the Easterly line of said Tract B, to the point of
intersection with a line drawn parallel with and distant I0 feet Southeasterly
measured radially to the South line of said Lot 27; thence Northeasterly along
said line drawn parallel with and distant 10 feet Southeasterly measured
radially to the South line of said Lot 27 a distance of 115.S feet; thence
Northwesterly on a line drawn radially from the last described course to the
point of intersection with said South line of said Lot 27; thence
Southwesterly along said South line of said Lot 27 to the Point of Beginning.
PARCEL IV
That part of Government Lot 6, Section 17, Tll7N, R23W of the 5th P.M.,
described as follows: Beginning at the most Southerly corner of Lot 7,
Wallace's Addition to the Village of Minnetonka Beach; thence on an assumed
bearing of NS4°E along the Southeasterly line of said Lot 7 to the most
Easterly corner of said Lot 7; thence S2g°E a distance of 16.67 feet; thence
S58°W to an intersection with a line bearing S29°E ~hrough the Point of
Beginning; thence NLm3°W to the Point of Beginning.
PARCEL V
A strip or piece of land 5 feet wide and 150 feet long being all that
part of the right-of-way of the railway of the former Great Northern Railway
Company {now Burlington Northern Railroad Company), in Government Lot 6,
Section 17, TlITN, R23W of the 5th P.M., lying parallel with.and adjoining the
Southeasterly lines of Lots 2, 3 and 4 in Wallace's Addition to the Village of
Minnetonka Beach, Hennepin County, Minnesota. according to the recorded plat
thereof.
_/Z1A~ TRACK CENTERLINE DESCRIPTION
Beginning at the point of temlnatton of the herelnabove described Main
Track centerltne ?scriptton; thence Westerly tangent to the last descrJbed
curve go993.5 feet, thence Southwesterly along a tangential curve to
hart.n9 a radius of 2,910.08 feet (delta angle 42° 00') a distance the left
· of 1,400
feet t~ence Southwesterly tangent to the last described curve l,O00 feet;
thence Southwesterly along a tangential curve to the right having a radius
of 2,292,01 feet '(delta angle 20° 00') a distance of 800 feet; thence
Souttnvesterly along a tangential, compound curve to the right having a radius
of 2,657,28 feet (della angle. 17 28') a distance of 499 feet; thence Westerly
tangent to tahe last described curve 698.1 feet; thence Westerly along a
tangential curve to the left having a radius of 2,864.93 feet (delta angle
I3° 40') a distance of 683.3 feet; t~enc
described curve 1 4 - e South~esterl tan en
right havtn a , 57 fee:, thence Wes.terly alone a tal~n---*?~e~ t_.t_o Th? 1.a.st
·eec and there terminating; als~ ':"~ ~ae~a angle I6° $6') a distance of 830
All that portion of said Railroad C ,
.b~e~ng. 40.fee_t ~de on the North s,a- ..?m?~a~n~.' s .240..foot wide right-of-way,
cna nere~nal~ter described Mai- ~'-'-~-~'-~,_,_~_).uU..Teec mae on the South s~de of
constructed u on ov - ~raG~ cen:erllne, as ori ina11
P · er and acros g Y located and
lying Easterly of the Sout~...+~-~s.-$,°_.v_e_rnment Lot 6_, Section 18 Tl17 .
, ., ,,v~,, -u. az ~bunse: urive);
All that portion of said Ratlroad Company's station ground property at
Spr~ng Park~ H~nne~ota, varying ~n width on each stale of said hereinafter
described Ha~n Track centerline, as origtnall.v located and constructed upon,
ove~ and across Government Lots ~, 8, ? and 6~ Section 18, TiZTN,
described as follows, to-wit:
Beginning at a point on the Northwesterly llne of said :ounty Road No, 52
distant 52 feet North and at r~ght angles to sa~d hereinafter described Main
Track cen:erline; thence l~esterly parallel with said Hain Track centerline to
the intersection of a 11ne drawn at right angles to sa~d Main Track centerline
distant 896 feet i~est as ~easured alon sa -
.East line of said Section g id Ma~_n Track center]the fr
centerline 104 feet-~en , -,=.u= Me~: parallel with said Ain
Main Track centerings, -~ Nor~ 1.5 feet as measured at -~, ---,-- - rrac~
..... · ~nence west a . -.v.~ .,,gmes :o saia
~nd S~ feet Northerly thereof to a .~~e[Ji~_~a)~ Mal~.Track centerline
· ownslte of Langdon Park, accordtn,~"C~"~ ~?c )~e ot ~t ~2, Block
~ -- ~-~ P,,~ :hereof- on file and of ~cord
in the Office of the Register of Oeeds, ~ennepin County; thence South Z feet'
measured ab right angles to said ~in Tr ·
~r~ll~l with, S0 feet ~or _ ack centeTl~ne; thence .Wes
cen:erllne to therly of and at Pfght an terly
~.~ ._ _ ~he West line of said S ~*~-- ~o..~ gl~ to said Main Track
:'"T_ ~ a point ~0 feet distant f~'~'L.t~L~n?ce ~o?h along said West
~ou:ner)~ of said Main Track ...... .~__., ~,~-aur~a a: _r~g~t angles to and
~e,~er~ne, :hence gasterly parallel with said
Main Track centerline to the point of intersection with the Southerly line of
vacated ~arren Avenue, Village of S ran .
Southerly line of vacat-a u ..... ,.._~. g Pa.rk,. ~e.nce Easterly ong said
~a~d Southerly line at ~' ~i'~":~v~ ~o ~. l l~e ?a,n at rightalangles to.
~ ,, aa~a ~ou~ner~y Pine which is 1,100 feet
we~ter)~ f~ the most Easterly boundary oF said Avenue; thence Northerly
I I
along said right angle line ~00 feet tO the Northerly line of said vacated
Warren Avenue; thence Easterly 'along said Northerly line to a line drawn at
right angles to said Main Track centerltne at a point 220 feet Westerly,
measured along said Main Track centerltne, from the East line of Lot 22, said
Block 12, Townstte of Langdon Park; thence North along said line drawn at
right angles to said Main Track centerline to a point being 50 feet Southerly
of and at right angles to said Main Track centerltne; thence Easterl~ parallel
with said ~4atn Track centerline to a line drawn at right angles to said Main
Track centerline distant 660 feet Westerly fr~m the East line of said
Section 18 as measured along, said Main Track centerline; thence South along
said line at right angles to said 'Main Track centerltne 25 feet; thence
Easterly parallel with said Main Track centerline 20 feet; thence South and at
right angles to the last described course ZS feet; thence East parallel with
and distant 100 feet Southerly of, as measured at right angles to, said Main
Track centerline to the intersection with said Northwesterly line of County
Road No. $1; thence Northeasterly along said Nor. thwesterly line to the Point
of Beginning; also,
EXCEPTING TFIEREF'ROH the following described parcel of land:
Commencing at a point on the South line of said Government Lot 8 distant
g32.4 feet West from the Southeast corner thereof; thence Northerly parallel
with said East line to the South line of vacated Warren Avenue, being the
Point of Beginning of the parcel of land to be described; thence continuing
.Northerly parallel to said East line to the Southerly right-of-wmy line of
Burlington Northern Railroad Company; thence Easterly along the Southerly
right-of-waY line to a line drawn parallel with said East line of Government
Lot 8 distant S~4,85 feet West of said East line as measured along the
Southerly line of said vacated Warren Avenue; thence Southerly parallel to the
East line of Government Lot 8 ta the South line of vacated Warren Avenue;
thence Westerly along the South line of vacated Warren Avenue to the Point of
Beginning.
All that portion of said Railroad Company's 100 foot wide Branch Line
right-of-way, being $0 feet wide on each side of said hereinafter described
Main Track centerline, as originally located and constructed upon, over and
across Government Lots 7 and B, Section 13, Tll7N, R24W, Sth P.)4., lying
Easterly of the East line of Block 2, LoI Pe Crevter's Subdivision of part of
Lot 36, Lafayette Park; also,
All of Lots 7, 8 and g, Block 2, said L. P. Crevier's Subdivision of part
of Lot 36, Lafayette Park; also, ·
All that portion of said Railroad Company's 100 foot wide Branch Line
right-of-way, being 50 feet wide on each side of said hereinafter described
Main Track centerline, upon, over and across that part of said Government
Lat 7, Government Lot $ and the SW¼SW~ of said Section 13; Government Lots 8,
9, 10 and 1I of Section 14; Government Lot 4, Section 23; the NE¼, S½N~ and
N~¼SW~ of Section Z2~ the SE¼ of Section Z~; the NW¼~W4NE¼ and the ~W~ of
Section 28; the SE¼SE¼NE~, the SE¼ and. the SE¼SE¼SW¼ of Section 29; the NW)
and the NWJNW¼SW¼ of Section 32~ and the SE¼ and the SE¼S£¼SW~ of Section 31~
all in Tl17~, R24W, 5th P.M., lying between the West line of said Block 2,
L. P. Crevier's Subdivision of part of Lot 36, Lafayette Park and the South
line of said Section 3~, Tl17N, R24W, being the South line of Hennepin Countyk
also~
Ail that Portion of .'aid ~Wt~l~.~NEi of Section 28, TllTH,
~or~h~eS~erly Of and ad~acen~ to ;he heretnabove described ]00 foot ~lde
rlght-of-we~; al;o,
All that PO~on of said Railroad Compan '~
Hound, N1nnasota ] Y station ground ~ err
Beginning at a point 50. feet Southerl~ of and a r
heretna~te~ described Ma~n Track e,~,..~.. ~,..._~t .~h~ ~ngles to sa~d
r~aht an~le- :- *-,~ L_~'':";~ ",~¥~ ~a~n: SO fee: ~OUtherl fro
. = . ~v aa~u ~aln /r&cx centerl~ne from th Y m and at
25 ~eet of sa~d S~S~t- then _ e ~esterT~ ltn~.of the East
cen:er]~ 40 feet. ,~:--- ?-~~]~ ~ rts~. ang]qs from sa~d aeon Track
tO I ~ v,,;,,~c ac~=rl7 ~ra/iel ~:n said Math Track centerl~ne
point dls~nt S~O ~ee: Yester17 as ~asured along said parallel l~ne
feet Southe~17 of said Math Track center11~e from the East line of said
S~tS~; t~nce due Sou~ ~ feet; thence ~esterl7 tn a straight 11ne 208
~re Or less, :o a potnt ~00 fee: Sou:her17, ~asured a: r~ght angles,
sa~d Ha~n Tract centerl~ne distant ~g5.~ feet E~s:ee17~ ~easured along a
parallel ~:R~ ~00 feet Souther17 from and at r~ght angles to satd ~a~n r ck
centerlfne ~ the ~est 11ne of sa~d S~; thence ~estpr17 ~n a s:ratght
11ne b~3.7 ~eet~ more or ]ess~ to a point on sa~d ~est 1~ of ~e
dls~ant &g.47 feet South measured along said Ees: 11ne f~m said r~tn Tra:k
centerl~n~ ~ence No~h along satd Res: ltne o~ the ~S~t to a point d~s~nt
50 feet Sou~erly f~m, ~a~ured at r~ ht
center]Ina, the g '~ng]es :o, sa~d ~a~n Track
cn ~ ..... ~ . ncc. EaSter~~ ~ral~el w~th sa~d ~n r~ae~ centeeline
~v ,~e~ :nereTrom :o the Potnt of Begfnn~ng~ also,
A~l that port~on of said R~tlro~d.Co~,s ~tat~on ground proper~ at
~ound, ~tnnesota lyfng adjacent co ane ~or:nerly of the herefnabove described
~00 foot wtde Branch L~ne right-of, way s~tuated tn the S~S~ of sa~d
~ect~on 13, TI]TN, Rgq~, l~ng bet~en t~o ~tnas dr~wn parallel ~th ~nd
d~stant respectively 50 Feet and ~50 fe~t ~o~her~ ,
~,_~afd ~n Track centerl~ne: bound, a ,, +~- e.~ measured at n~ght angles
............ ~ ~a~ s~de by a line dra~n
r~gnt angles to sa~d gain Track ~nter~ne d~stan: 8~ fee: Easterl~ of the
st ~ne of sa~d S~i as ~asured along said Hain Tr~ck Center]tne, bounded
the ~es: by safd ~est line of the ~WiS~i of Section ~3;
A11 that portion of said Railroad Company's statton g~und p~per~ at
St. Bontfac~us, ~tnnesota, lytng ~djacent to and Northwesterly of the
heretna~ve d~cribed 100 fOOt ~fde Branch L~ne ~'~ght-of-~ay s~tuoted in ~atd
~ of Section 32, TIIT~, R24~, lytng between'two 11nas drawn parallel
and dtstant respectively 50 feet and lO0 feet ~orthwesteely, ~easured at
angTes to, sa~d herinafter described ~atn ~rack centerlfne; bounded on.the
~outhwest sl~e by a I~ne drawn a: rtgh: an les
~ain 7r~ck centerttne dl ~ , g _ to sa~d.~m~l,afLer
st~n~ ~00 feet ~ortheasterly of the-~outh l~ne of
~ as measured along sa~d ~aln Track center]fha; bounded on the
sfde by a ]1ne dra~n at r~ght angles to satd Hafn Track cantcrltne distant 4~9
feet Sout~est. or the ~orth 11ne of sa~d ~;
I
.£
All that portion of said Railroad. Company's statlon ground property at
St. Bonifacius, Minnesota, lying eSjac~nt to and Southeasterly of the
heretnabove described lO0 root wide Branch Line right-of-way situated in said
~W~, Section 32, Tll/~, R24W, lytng between two lines drawn parallel with and
d!s~ant, respectively, 5U feet and 200 feet Southeasterly of, measured at
right angles to, said hereinafter described Hafn Track centerline; bounded on
the Southwest sfde by a line drawn at right angles to sa~d ~ain Track
centerline distant &O0 feet Northeasterly of the South line of said ~ as
measured along said Main Track centerljne; bounded on the No~heas: by a line
running due North from a point.~,2S6.S feet South and 375.375 feet West of the
Northeast corner Of said N~t. .
RAIN TRACK CE~TERLINE DESCRIPTION
Beginning at the point of termination of the hereinabove described Main
Track centerltne description; t~ence Westerly tangent to the last described
curve 6,70g.b feet; thence Westerly along a tangential, curve to the left
having a radius of 8,~94.4~ feet {delta angle 6° 18') a d~stance of g45 feet;
thence Southwesterly tangent to the last described curve 4,16g.7 feet; thence
Southwesterly tangent to the last described curve 4,16g.7 feet; thence
Southwesterly along a tangential curve to the left having a radius of 3,819.83
feet (delta angle 16e 09') a distance of 1,076.7 feet; thence Southwesterly
tangent to the last described curve 5,131 feet; thence Southwesterly along a
tangential curve to the left having a radius of 2,854.g3 feet {delta angle
lge ~0°} a distance of 966.7 feet; thence Southwesterly tangent to the last
described curve 10,123.9 feet,'passing a point on the West line of Section 28,
Tl17N, R~4W, distant 2,27~ feet South of the Northwest corner thereof; thence
along a tangential curve to the left hav!ng a radius of 7,639.49 feet (delta
angle ~3° 21') a distance of 1,779.4 feet, thence Southwesterly tangent to the
last described curve 5,7)0.6 feet; thence Southwesterly along a tangential
curve to the right hav~ng a red(us of S,7~9.65 feet (delta an le 10° 27') a
distance of 1,04S feet, thence Southwesterly tangent to the last described
curve 3,193 feet to a point on the South line of Section 3I, Tl17N, R24W, and
there terminating.
]OA. EX~. 142
-7-
CIT' ' of MOUND
534' !.~AY'A'OOD r-C-' D
'.JND '.' ';NESOTA 55~,!z '7.-.-
~.'2 472-0600
FA) .2~,2~ ~'T2 0621
PUBLIC HEARING NOTICE
CITY OF MOUND
MOUND, MINNESOTA
CASE NO. 93-023
NOTICE OF A PUBLIC HEARING TO CONSIDER A
PRELIMINARY PLAT REQUEST FOR THE PROPOSED "BALBOA ADDITION"
BY DAKOTA RAIL, INC.
INVOLVING LANDS NORTH OF THE BALBOA BUILDING AT
$300 SHORELINE DRIVE
NOTICE IS HEREBY GIVEN, that the City Council of the City of
Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood
Road, at 7:30 p.m. on Tuesday, July 13, 1993 to consider a request
for Preliminary Plat involving land located north of the Balboa
building for lands owned by Dakota Rail, Inc. The subdivision will
result in the creation of two new parcels, generally located in the
following described property:
All that part of the Dakota Rail, Inc., railroad right-of
way located in the South Half of Section 13, Township 117
North, Range 24 West of the Fifth Principal Meridian,
Hennepin County, Minnesota.
A copy of a plat map showing the location of the proposed
subdivision is attached for your reference. All persons appearing
at said hearing with reference to the above will be given the
opportunity to be heard at this meeting.
'n ene ~. ]21ark, City Clerk
Published in "The Laker" June 28, 1993, and mailed to property
owners within 350' on June 25, 1993.
! I l, ! i, t~ I
June 22, 1993
RECEIVED
FROM: M.E. Peterson, Community Service Mgr.
NSP Co., Minnetonka Area
TO: Peggy James, Planning & Inspeclion
City of Mound
SUBJECT: Dakota Rail Replat Le~e Agreement
with Northern States Power Co.
Northern States Power Company
Mlnnetonka Divlfion
5505 County Road 19
P.O. 8ox 10
[x¢01$ior, Minno~oIo 55301
Toleprtono (612)
Dear Peggy:
' 1:15 PM on Tuesday June 22, 1993 I had a conversation with the l'resident of
...akota Rail, Mr. Elli Mills in regard to the above subject. He informs me that
Northern States Power Co. has a 5 year lease agreement with Dakota Rail for their
facilities within the Railroad Right of Way and that wc do not need to draw up a
new Easement due to the above mentioned re-plat.
Sincerely,
M.E. Pctcrson
~ OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMI,qSION
JUNE 14, 1993
~ Dakota Rail, Inc.. North of the Existing Balboa Building East of
Fairview Lane and South of Lynwood Blvd.. PID//13-117-24 34 0068 & 0077 and 13
117-24 43 0144. PRELIMINARY PLAT FOR BALBOA ADDITION - PUBLIC
Building Official, Jon Sutherland, reviewed the Planning Report written
by Mark Koegler. The applicant is requesting approval of a preliminary
plat to create two new parcels located on the north side of the existing
Balboa Building. Parcel 1 totals .78 acres and Parcel 2 has a total
area of 1.58 acres. Most of Parcel 1 is currently used for employee and
truck parking. Parcel 2 contains the loading dock area on the north
side of the building and the access drive off of Fairview Lane. The
parcels will continue to be used in the future as they are currently
used today.
At the time the report was written, a revised survey had not been
submitted, and staff noted the following items that needed to be
addressed:
1. Right-of-way needs to be dedicated at Fairview Lane.
2. An easement needs to be established along the north side of the
building in Parcel 2 to accommodate NSP's overhead utility lines.
3. Ail local utility lines need to be added to the plat.
4. The plat needs to contain a name.
Staff recommended approval of the preliminary plat for the proposed
division by Dakota Rail subject to the following conditions:
1. Easements shall be established for all water service and storm
sewer crossing points along the railroad tracks.
2. Newly created Parcels 1 and 2 shall be combined for tax purposes,
with existing Parcel 76. Parcel 76 includes the balance of the
property owned by Balboa.
It was clarified that the survey received by the Planning Commission in
their packet was an updated survey dated June 9, 1993 which should
reflect changes to address staff's concerns.
The Building Official further explained that because the City Planner
was unable to attend the meeting, the Planning Commission should voice
any concerns they may have regarding the application and they will be
addressed at the City Council's Public Hearing.
Vice Chair Michael opened the public hearing.
Darlene Bjork who resides on Fairview expressed a concern about the
amount of truck traffic and wants to make sure this subdivision will not
increase this use. The Commission confirmed that no change is use is
proposed. The Building Official stated that if a change in use is
proposed it would be required to follow the procedure for a Conditional
Use Permit and the neighbors would be notified.
Vice Chair Michael closed the public hearing.
Planning Commission Minutes
June 14, 1993
Mueller expressed the following:
1. Should a Park Dedication Fee should apply? Staff will verify this.
2. Is there any sanitary sewer easements for this area?
Why is it recommended that Parcels 1 and 2 be combined into one tax
parcel? Can you combine parcels that are divided by another
property (the railroad right-of-way)? He would rather not see them
combined for tax purposes.
MOTION made by Mueller, seconded by Hanus, to recommend
approval of the Preliminary Plat for Balboa Addition according
to the most recent survey with a revised date of June 9, 1993,
upon the following conditions:
1. Right-of-way needs to be dedicated at Fairview Lane·
Proper easements be established for NSP's overhead utility
lines.
3. Easements be established for all local utilities.
Verify that there is no sanitary sewer at crossing points
along the railroad tracks, but that easements for water
services and storm sewer be established and granted to the
City.
A Park Dedication Fee be collected as determined by the City
Council·
Motion carried unanimously.
This request will be heard by the City Council on July 13, 1993.
Hoisington Koegier Group Inc.
mil
PLANNING REPORT
TO: Mound Planning Commission and Staff
FROM: Mark Koegler, City Planner
DATE: June 9, 1993
SUBJECT: Preliminary Plat Approval - Balboa Addition
APPLICANT: Dakota Rail, Inc.
CASE NUMBER: 93-023
HKG FILE NUMBER: 93-93-10d
LOCATION: East of Fairview Lane, South of Lynwood Boulevard and North of the Existing
Balboa Building
EXISTING ZONING: Industrial (I-l)
COMPREHENSIVE PLAN: Industrial
BACKGROUND: The owner (and applicant) is requesting approval of a preliminary plat to
create two new parcels located on the north side of the existing Balboa Building. Parcel 1 totals
.78 acres and Parcel 2 has a total area of 1.58 acres. Most of Parcel 1 is currently used for
employee and truck parking. Parcel 2 contains the loading dock area on the north side of the
building and the access drive off of Fairview Lane.
COMMENT: This report is a compilation of comments from both the city planner and city
engineer. At the time of the writing of this report, the preliminary plat drawing is incomplete.
The surveyor is currently modifying the drawing to reflect Mound's platting requirements.
Specific items that need to be addressed include:
1. Right-of-way needs to be dedicated at Fairview Lane.
An easement needs to be established along the north side of the building in Parcel
2 to accommodate NSP's overhead utility lines.
Land Use/Environmental, Planning/Design
7300 Metro Boulevard: Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160
i · 1, i I, I,t I I
Dakota Rail Preliminary Plat Planning Report
June 9, 1993
Page Two
3. All local utility lines need to be added to the plat.
4. The plat needs to contain a name.
As was stated earlier, it is our understanding that the Owner's surveyor is currently modifying
the preliminary plat drawing to include these items. Staff will update the Planning Commission
at the meeting as to the Owner's compliance with the preliminary platting requirements.
The proposed division does not present any major planning or engineering issues excepts as
noted above. The parcels will continue to be used in the future as they are currently used today.
RECOMMENDATION: Staff recommends approval of the preliminary plat for the proposed
division by Dakota Rail subject to the following conditions:
1. Easements shall be established for all water service and storm sewer crossing points
along the railroad tracks.
2. Newly created Parcels 1 and 2 shall be combined for tax purposes, with existing Parcel
76. Parcel 76 includes the balance of the property owned by Balboa.
JVN-- I 0--95 THU ? : 48
June 10, 1993
Mr. John Su~herland
City of Mound
5341 Maywood Rd.
Mound, MN S5364-1687
RECEIVED
JUN 1 0 1993
MOUND PLANNING & INSP.
P.02
Northern States Power Company
Mlnnotonke Divlelon
5505 Coum¥ IRoacl 19
P.O, Box ~0
Excelsior, MInno$ol~ $5337
Telephone (612) 474-8861
Subject: Major Subdivision request by Dakota Rail, Inc.
Involving lands North of the Balboa Building
at S300 Shoreline Drive.
Dear Mr. SuCherland;
Northern States Power Company has an overhead faader line running
within the property now owned by Dakota Rail Inc. which serves the
Mound Area. This was previously owned by Great Northern Railroad.
N.S.P. Co., currently holds permins which ~iv¢ us the right to be
in this area.
We would like to reserve this right of way in its entire~y for
easement rights to continue to serve ~he CJ.~y of Mound. I would
like to have a copy of the new Plat map fo~.' any new d~vclopment
which may require new electrical service oz' ~he re-routing of
present facilities.
Sincerely,/?
M.~. Peter$on
Manager, Community Services
470-3305
! I 1, i I, ti I I
CIT' of X IOUND
PUBLIC HEARING NOTICE
CITY OF MOUND
MOUND, MINNESOTA
CASE NO. 93-023
NOTICE OF AN INFORMAL PUBLIC HEARING TO CONSIDER A
MAJOR SUBDIVISION REQUEST
BY DAKOTA RAIL, INC.
INVOLVING LANDS NORTH OF THE BALBOA BUILDING AT
5300 SHORELINE DRIVE
NOTICE IS HEREBY GIVEN, that the Planning Commission of the
City of Mound, Minnesota, will meet in the Council Chambers, 5341
Maywood Road, at 7:30 p.m. on Monday, June 14, 1993 to consider a
major subdivision of land located north of the Balboa Building for
lands owned by Dakota Rail, Inc. The subdivision will result in
the creation of two new parcels, generally located in the following
described property:
Ail that part of the Dakota Rail, Inc., railroad right-of
way located in the South Half os Section 13, Township 117
North, Range 24 West of the Fifth Principal Meridian,
Hennepin County, Minnesota.
A copy of a plat map showing the location of the proposed
subdivision is attached for your reference. All persons appearing
at said hearing with reference to the above will be given the
opportunity to be heard at this meeting.
Mailed to property owners within 350' on June 3, 1993.
3JO
SHERMAN WINTHROP
ROBERT R. WEINSTINE
RICHARO A. HOEL
ROGER Do GORDON
STEVEN C. TOUREK
STEPHEN J. SNYDER
HART KULLER
DAVID P. PEARSON
THOMAS M. HART IV
DARRON C. KNUTSON
JOHN A. KNAPP
MICHELE D. VAILLANCOURT
DAVID E. MORAN,JR.
DONALD J. BROWN
WINTHROP & WEINSTINE
A PROFESSIONAL ASSOCIATION
JON J. HOGANSON
SANDRA J. MARTIN
GARY W. SCHOKMILLER
TODD B.URNESS
SCOTT J.DONGOSKE
PETER J. GLEEKEL
EDWARD J. DRENTTEL
JEFFREY R. ANSEL
LAURIE A. KNOCKE
LLOYDW. GROOMS
JULIEK. WILLfAMSON
BETSY J. LOUSHIN
MARK T. JOHNSON
JENNIFER WIRICK BREITINGER
BROOKS F. POLEY
ATTORNEYS AND COUNSELORS AT LAW
3200 MINNESOTA WORLD TRADE CENTER
30 EAST SEVENTH STREET
SAINT PAUL~ MINNESOTA S5t01-4901
TELEPHONE (612) 290-8400
FAX I612} 292-9347
DIRECT DIAL
(612) 290-8546
JULIE WIDLEY SCHNELL
THOMAS H. BOYD
JOSEPH C. NAUMAN
DANIEL C. BECK
ERIC J. NYSTROM
KRISTIN L. PETERSON
JOANNE L. MATZEN
WILLIAM L.WINSON
EVAN D. COOBS
THOMAS A* WALKER
GINA M. GROTHE FOLLEN
PATRICK W. WEBER
CHARLES A. DURANT
CRAfG A. BRANDT
DAVID A. KRISTAL
KAR~L A.WEBER
JONATHAN D. CRAN
TOMAS L.STAFFORD
CARLA J- PEDERSEN
JAMES W. DIERKING
CATHERINE A. DOMINGUEZ
CHRISTOPHER W. MADEL
SUZANNE M. SPELLACY
JOSEPH S- FR~EDBERG
OF COUNSEL
DANIEL W. HARDY
OF COUNSEL
June 8, 1993
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
HAND DELIVERED
Re: Dakota Rail, Inc./Balboa Minnesota Co., Inc.
Dear Sir or Madam:
With this letter, please find enclosed the original signed Application For Major Subdivision of
Land by Dakota Rail, Inc. A copy of the signed Application was sent to you with my letter of
May 27, 1993. You should soon be receiving, if you have not already received the revised
Preliminary Plat from Egan Field & Nowak.
Please call me if you have any questions about this Application.
Very truly yours,
WINrl~ROP & WEINSTINE, P.A.
By'
JLM: sic
Enclosure
!1 1.
! I, Ii
I I
JUbi-- 8--9:~; TUE 1! :02
(Revised 12/8/92)
R CEiVED -=
JUN 8 1993
Application for PLANNING & INSP.
Cit~, og Hound
$341 MeT'wood Road~ Mo~d, ~ 55364
Phone: 472-0600t ~ax: 472-0620
CLky Council Date:
~oning sheet Completed;
Copy to c£t¥ Planner:
copy to Public Works=
Copy to City Engineer:
Other:
C&Be ~0,'
Sketch Plan Reviews.
Preliminary Pla~:,
r£nal Plak[..
Escrow De~os£t:
SISO.O0
~ls9.oo
SXO0,,00 ·
S1.000.00
Delinquent Taxes?
VARZANC8 P.T~U IRtD?
Address of Subject Pcope=t¥ , Mound, MN
Owner's Name Dakota Rail, Inc.
Day Phone (813) 585-4727
Owner's Addresa..~25 Adams Street North, Hu~ch~pn, MN 55350
Appl£can¥/~aame (if other ~han ~ner)~_lboa M/nneeota Co., Inc./Dakota Rail, Inc.
Denise Brown, Welsh ~ompanxes,-~n~. '
~ddreas__8 Pine ~ree Drive, Ste. 240, Arden Hills, MN 55112 Day Phone_ !612) 484-4~34
~ame of Surveyor= Jack Bolke, c/o Sgan Field & Nowak, Inc. Day Phone (612) 546-6837
Name of Engineer~ Ja¢~ Bolke. c/o Eq~_Field & Nowak, Inc. Day Phone (612) 545-$857
EXZSTING LEGAL DESCRIPTION;
Lot See Exhibit A attached
Block
RoR. 13-117-24-34-006-8
.... PZD Mo. 1~-117-24-43-014-4
Leasehold PID No. 13-117-24-34-00~7
Use of Property; Railroad_Track/Access ~o ~oading Dock
Add£tion
PROPOSED PLAT HAME:
Has an application eve= been made for zoning, variance, conditional use permit, of other
zoning procedure for th£a property? ( ) yes, (x) no. If ~ee, list data(s) of application,
action ~aken, resolution number(s) and provide copies of resolutions.
This application must be signed by ~ owners of the sub, eat property, or an
ex~plana=ionog%ven why this is not the case.
~i~a~ure of Owner O,a'te
ignature of Owner
Date
Application for
M IOR__SUBDIX(ISiON OF /
tit7 of Mound
~bO~e~ 472-0600~ F~Xl
Site Visi~ Scheduled:
cody
Copy to Public ~ork~:' ~, .......
COpy
Sketch Plan Rev£ew:
Final Pla~:
..--_Escrow Deposit= .... ~1~OOO.00
Deficient Unit Charges?
Delinc~uent Taxes?
VARIANCE REQUIRED?
~lease type or prier the followiag £nformation:
Address of Sub,eot Property, , Mound, MN
Owner's Name Dakota Rail, Inc. Day Phone (813) 585-4727
Owner's Address 25 Adams Street North, Hutchinson, MN 55350
Applicant's ~amK (1% othet than ownet) Balboa Minneso%a Co., InC./Dakota Rail, Inc.
c/o uenzse erown, Welsh Compa~le~, znc. ' ........
Address 8 Pine Tree Drive, Ste. 240, Arden ~ills, MN 55112 Day Phone (612) 484-4334
Name of Surveyor= Jack Polka, c/o Egan Pield & Nowak, Inc. Day Phone (612) 546-6837
Name of Engineer= Jack BoOks ~-¢Zo Eqan Field & NDwak. t Inc. Day Phone (612) 546-6837
EXISTING LEGAL DESCRIPTION:
Lot See Exhibit A attached
Addition
Soning District Z-1
PROPOSED PLAT NAME=
glcck
R.R. 13-117-24-34-006-8
PID No. 13-117-2.~.r. 4.3-014-4
Leasehol~ PID No.
Use of Proper~y: Railroad Track/Access tO Loading Dock
Has an application eve= been made for zoning, variance, conditional use permit, or other
zoning procedure fo~ this property? ( ) yes, (x) no. l~ ~ee, last date(s) of applica~ion,
ac:ion ~aken, resolution number(s) and provide copies of resolu=£ons.
This application must be signed by all owners of the subject property, or an
why this is not the case.
Signature of Owner
Date
i · 1, I I, I~ I I
~ "~ERMAN WINTHROP
~BERT R. WEINSTINE
RICHARD A. HOEL
ROGER O. GORDON
ST£VEN C.TOUREK
STEPHEN J. SNYDER
HART KULLER
DAVID P. PEARSON
THOMAS H. HART IV
DARRON C. KNUTSON
JOHN A. KNAPP
MICHELE D. VAILLANCOURT
DAVID E. MORAN, JR.
DONALD J. BROWN
WINTHROP ~. WEINSTINE
A PROFESSIONAL ASSOCIATION
JON J. HOGANSON
SANDRA J. MARTIN
GARY W. SCHOKMILLER
TODD B. URNESS
SCOTT J. DONGOSKE
PETER J. GLEEKEL
ROBERT S. SOSKIN
EDWARD J, DRENTTEL
JEFFREY R. ANSEL
LAURIE A, KNOCKE
LLOYDW. GROOMS
JULIEK. WtLLIAMSON
BETSYJ. LOUSHIN
MARK T. JOHNSON
ATTORNEYS AND COUNSELORS AT LAW
3200 MINNESOTA WORLD TRADE CENTER
30 EAST SEVENTH STREET
SAINT PAUL, MINNESOTA SSIOI
TELEPHONE (612) 290-8400
FAX {612} 292-9347
DIRECT DIAL
JULIE WIDLEY SCHNELL
THOMAS H. BOYD
JOSEPH C. NAUMAN
DANIEL C. BECK
ERIC J. NYSTROM
KRISTIN L. PETERSON
JOANNE L. MATZEN
WILLIAM L. WINSON
EVAN D. COOSS
THOMAS A.WALKER
GINA M. GROTHE FOLLEN
PATRICK W. WEBER
CHARLES A. DURANT
CRAIG A. BRANDT
(612) 290-8546
DAVID A. KRISTAL
KARL A. WEBER
JONATHAN D. CRAN
ALOK VIDYARTH I
TOMAS L STAFFORD
CARLA J. PEOERSEN
JAMES W. DIERKING
CATHERINE A. DOMINGUEZ
CHRISTOPHER W. MADEL
SUZANNE M. SPELLACY
JOSEPH S. FRIEDBERG
OF COUNSEL
DANIEL W. HARDY
OF COUNSEL
May 27, 1993
HAND DELIVERED
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
Re: Dakota Rail, Inc./Balboa Minnesota Co., Inc.
Dear Sir or Madam:
With this letter, please find enclosed for filing the Application for major subdivision of land
currently owned by Dakota Rail, Inc. Dakota Rail is in the process of selling a portion of its
property to Balboa Minnesota Co., Inc., which owns adjacent land.
Kindly review the enclosed documents, and call me or Tom Hart of our office if you require
further information. It is my understanding from prior conversations with Peggy that for a lot
split of this nature, it will not be necessary to create a formal plat with a distinct name. If I am
mistaken in my understanding, please advise immediately. As we discussed with Mark Kegler,
it is our hope that the requirement for a topographical map can be waived in this instance.
Very truly yours,
WINTHROP & WEINSTINE, P.A.
Joanne L. Matzen
JLM/gmh, o2s
Enclosure
cc: Denise Brown (w/encls.)
Jack Bolke
Thomas M. Hart
I. IJ
· !
i [ 1, i l, fl I I
Hoisington Koegler Group Inc.
May 4, 1993
Mr. Elli Mills, President
Dakota Rail, Inc.
801 West Bay Drive, Suite 800
Largo, Florida 34640
Dear Mr. Mills:
I am in receipt Of your letter dated April 27, 1993 regarding the potential subdivision of land
currently owned by Dakota Rail. When we discussed this issue on the telephone, the focus of
the conversation was on the form of the subdivision that would be required (plat versus metes
and bounds description). Your letter raises another issue, specifically, the conveyance of
property and subsequent subdivision by parties other than Dakota Rail.
As I generally stated on the telephone, the City of Mound requires subdivisions to take place
prior to the conveyance of land. The City's procedures require that Dakota Rail, as the land
owner, be the applicant on the subdivision application form. This is the same process that you
followed when you divided the Norwest Bank parcel. Therefore, in order to sell the subject
parcel to Mr. Royer, Dakota Rail will first have to submit an application and complete the
subdivision process.
Regarding the form of the subdivision that will be required, I am enclosing a copy of Section
330:20 of the Mound Code of Ordinances. As you can see, minor subdivisions involving the
creation of metes and bounds descriptions can only occur in cases of small scale residential
subdivisions. Therefore, in order to subdivide the subject site, you will need to comply with the
platting requirements found in the Code.
Sincerely,
R. Mark Koegler, RLA
Consulting City Planner
Enc.
cc:
Mr. Ed Shukle, City Manager
Mr. Curtis Pearson, City Attorney
[aMUse/Environmental' lrlanning / Design
7300 Metro Boulevard/Su,t¢ 525 · M]nneapolis. M,nnesota 55439 ' (612) 835-99(~o
~557
~'l~' ,' "9
O00aSSi~
0~'
~'~ ;/0 lb~J
¥1
I
SS]
JUL "7
Who's leading the charge?
Hey now, who's leading the
charge?
Do we have many religious
groups, welfare workers, H.U.D.
representatives, tennants' union's
officers' and oppressed renters
themselves pounding on the city
hall door and demanding a rental
housing licensure law? Or, do
we maybe just have one to three.
council members out front
leading that cha~ge with virtually
no one really following them?
How many renters have ever
petitioned our city government of
the people, by the people and for
the people for a rental licensing
law? How many have
demonstrated in the streets
because the city ignores their
basic housing needs?
A report of the June 23
council meeting stated:
1. "The purpose of the
ordinance is to maintain the
housing stock in the community
and have people live in a
habitable home." How can a
rental license law applying to
only ! 50 rental buildings result in
maintenance of all our 3,200 or
so housing stock and have all
10,000 of us Moundites living in
a habitable home?
2. "People who rent' units in'
this city have a right to a safe
place to live.. Mound has a
,:ur;lus of marginal housing and
thi~ ordinance is designed to
address that." Seems we only
wanl to require renters to live 'in
habitable and safe places. That's
unfair, we all should have the
right to pay $75 yearly to be told
if we're living in habitable and
safe housing or not.
The inspector's suggested fee
estimate figures out to be at least
.$26,025 yearly .to go to 150
rental buildings or houses and
look into 809 housing units. No~
too shabby, $26,000 for about
three weeks' work looking al an
average of 10 buildings per eight
hour day for 15 working days.
The second year's inspection
would take maybe half the first
year's time?
Lakewinds' 192 units were
constructed in 1970 and then
converted to condos and
completely refurbished (new
decorating, appliances, paint,
stain, carpeting, countertops,
electrical outlets, GFI circuits,
etc.) in 1984-86; the 106
Seahorse units were built about
1965; the 88 Grandview Terrace
units were built in 1970;
Westonka Estates was built in
1984; Westonka Villa was
completed in 1970;, all big rental
unit buildings built by
professional contractors, by
skilled tradesmen, with modern
materials according to current
building codes.
The problem housing in
Mound is not all these rentals,
it's the old houses built years ago
by w. ee.k~nd amateurs using old
materials and following few or no
building codes - old plumbing,
wiring, heating units, siding and
windows now beyond repair.
Why teU a landlord to fix up his
old house, but not tell the owner-
resident of a similar house right
next door to do the same fix-ups?
Will any of our council
people have the gall to demand
licensing of ali these newer
rental units, while continuing to
live in their own unlicensed,
uninspected houses originally
consU-ucted in 1918, 1930, 1930,
1947 and 19547
Ted Fox
Mound, MN
-. fF(
i · l, i I, I~ I
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
JUNE 28, 1993
RENTAL HOUSING ORDINANCE,
Geoff Michael referred to a letter written to the City Council from
the Rental Task Forced which was received by the City Manager on
5/25/93 and clarified that as a member of the task force and
liaison to the Planning Commission he did not sign the letter or
see it until after it was received by the City, and that it does
not represent the official position of the entire Task Force.
The Building Official, Jon Sutherland, briefly reviewed the changes
made to the Rental Ordinance by the Rental Task Force.
Liz Jensen clarified for the Commission that it was the direction
of the City Council for them to review the revised ordinance and
then forward a recommendation to the City Council. Vice Chair,
Michael, clarified that this is not a public hearing. Michael also
confirmed that it is the wish of the Rental Task Force that if this
ordinance is going to be approved, they would like this draft
approved.
Jim Bedell commented that he feels existing laws cover all of the
regulations in the proposed ordinance. The Building Official's
authority in enforcing existing state laws was discussed. The
Building Official commented that the purpose of having these
regulations in the City Code is to offer City staff direction and
to gather the laws into one document. Violations can then be cited
by City Code in conjunction with State Statute. It is more
effective to enforce state laws when the City adopts an ordinance
that establishes minimum requirements and references State
Statutes.
Clapsaddle thanked those task force members who were present and
added that the Planning Commission has no right re-writing
ordinances and that it is okay to refer to State Statutes. He
feels the ordinance is needed to simplify enforcement and the
ordinance is needed for some absent landlords.
Planning Commission Minutes
June 28, 1993
The Planning Commission reviewed the revised Rental Ordinance Draft
dated 5/18/93, page by page, and made the following comments and/or
changes.
Weiland suggested that the City Attorney develop language to use
for those sections which refer to a specific state statute that
allows for a current reference. In other words, what happens if
the state statute number is modified or changed? The language
could be modified to include, for example, "or such State Statute
as in affect at that time."
Those sections which contain this statement were addressed, "Shall
be installed according to the Building Code in effect at the time
the building was constructed.,, What if the building was
constructed in 1920 and there was no building code at that time,
what do you use for enforcement? It was suggested that a minimum
code be chosen, such as the 1945 Uniform Building Code to be
consistent with minimum standards.
The following statement, wherever it appears, was suggested to be
amended as follows: "Shall be constructed and maintained according
to the code in effect when the building was constructed.
On page 20 of the draft, the Commission agreed that Subd. 7.
relating to fire alarms remain in the proposed ordinance.
On page 21, Subd. 8, relating to Smoke Detectors, it was suggested
to modify this section as follows: "Shall be installed according
to State Statute ~ ~..:,~ .... ~ ~ ~
.... ~,, c~cc~ ~hen th~
building 'was constructA---~. ........ ~ ~d~ ~-
Page 21, Section 319:60 relating to Maximum Density, Minimum Space,
for Rental Units: there was discussion about allowing this section
to remain, but it was determined to leave it out for now.
Page 23, Section 319:80. Mueller would like this section to remain
as it requires "The materials used to secure the building shall be
painted a color which is consistent with the exterior color of the
structure and does not constitute a public nuisance." It was noted
that this requirement should apply to all secure, unfit, and
vacated dwellings and maybe this should be added to the current
City Code.
Page 23, Section 319:85 relating to Hazardous Building Declaration.
Mueller questioned why not leave this in if it doesn't do anything
different?
4
i · 1, i I, I~ I
nn£ng Commiss£on Minutes
June 28, 1993
Vice Chair Michael questioned where the Commission wants to go next
with this proposed ordinance. Mueller commented that there have
already been a couple of public hearings and he suggested the
proposed ordinance be moved forward to the City Council with the
Planning Commission's comments. Voss agreed. Johnson also agreed
to send the ordinance forward, however feels it is unfair to
proposed an ordinance only for rental property, it should be for
all properties.
Council Representative Jensen stated that it would be helpful if
the Planning Commission forwarded a recommendation to the Council,
not just comments.
Jensen commented, that as a landlord, this proposed ordinance would
not hurt her. In comparing the application of this ordinance to
owner occupied as well as renter occupied, she feels they are
trying to divide what someone chooses to live in as owner occupied
and what someone intends to do as a business owner. If she chose
to live in an inadequate house, that is her choice. However, as a
business owner, to put someone in an inadequate rental house and
when the tenant requests the inadequacies be fixed, they should do
so. This proposed ordinance gets into life and safety issues for
people that are in the "business" of a landlord.
Modifications to be recommended were discussed, as follows:
The City Attorney should develop language for those sections
which refer to specific state statutes to provide reference to
current laws, such as, "or such State Statute in affect at
that time."
Modify those sections which contain the statement "Shall be
installed according to the Building Code in effect at the time
the building was constructed.,, A minimum date should be set
to allow for older buildings to comply with a minimum building
code.
The Planning Commission could not achieve a concensus on these
issues, or how to recommend the changes.
MOTION made by Voss, seconded by Michael to recommend
approval of the Proposed Ordinance relating to Housing
Maintenance Regulations for Rental Housing as written in
the draft printed 5/18/93 with the exception that
Sections 319:60, 319:80, and 319:85 remain. Motion
carried 5 to 3. Those in favor were: Johnson, Michael,
Voss, Hanus, and Jensen. Those opposed were: Clapsaddle,
Mueller and Weiland.
5
ommission Minutes
June 28, 1993
Those Commissioners who voted in opposition clarified that they are
in favor of the proposed ordinance, however, did not vote in favor
of the motion because they want additional changes as previously
discussed.
Hanus stated that he is against the ordinance, but as a Planning
Commissioner he has been tasked by the City Council to write this
proposed ordinance to the best of his ability and he feels this has
been done.
MOTION made by Mueller, seconded by Clapsaddle, to
recommend to the City Council that all the regulations
outlined in this ordinance apply to all the housing in
Mound, not just rental. Motion carried ? to 1. Those in
favor were: Clapsaddle, Mueller, Weiland, Johnson,
Michael, Hanus, and Voss. Jensen opposed.
[ I J, ! I, tt ~ i
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 - Housinq Maintenance Requlations
for Rental Properties
Section ~19:00. 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:
8ubd. 1. To protect the character
residential areas within the City.
and stability of
8ubd. Z. 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 ventila~t~on necessary
to protect the health and safety 0~_ occupants ~ buildings.
Subd. 4. To prevent the overcrowding of dwellings.
8ubd. 5. To provide minimum standards for the maintenance of
existing residential buildings and to thus prevent substandard
housing and blight.
8ubd. 6. To preserve the value of land and buildings
throughout the City.
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
Revised 7/21/93
Sectfon 3~9:05. 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 ~-~ .i c-~~ c ~^. .~
.... ' c., ~d by £ ct.~n ~= of thc Cit~ ~ Code.
Section 319:10. Definitions. The following definitions shall
apply in the interpretation and enforcement of this ordinance.
Sttbd. 1. ~ccessor¥ Use or Structuren. A nonresidential use
or structure subordinate to, and serving the principal use or
structure on the same lot and customarily incidental thereto.
Subd. ~. A r~. 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. ~om~liance Official. The City Manager and his/her
designated agents authorized-to administer and enforce this
ordinance.
Su~d. ~. ~. 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. _Dwellin~, One-Family. A building designed
exclusively for and occupied exclusively by one (1) family.
Sttbd. 7. _Dwelling, Two-Family. A building designed
exclusively for or occupied by no more than two (2) families
living independently of each other.
Subd. ~. Dwelling, TWo-FamilyTwin Hom,',. A building designed
exclusively for or occupied exclusivel~ 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
Revised 7/21/93
2
i · ~, i I, I~ I
Proposed Ordinance - Section 319
Subd. 9. Dwellinq Unie. 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. Maintenanc________ge. Upkeep of property and equipment in a
safe working condition for which it was installed and/or
constructed.
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.
8ubd. 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
Revised 7/21/93
Proposed Ordinance - Section 319
Su~d. 21. Operator. 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.
Subd. 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
association, corporation,
organization of any kind.
individual, firm, partnership,
company or joint venture or
Subd. 25. Plumbing. Ail 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.
8ubd. 28. Refuse. As defined and regulated by Section 490 of
the City Code.
Subd. 29. Rental Dwelling. As used in this ordinance the term
"rental dwelling" shall mean 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
Revised 7/21/93
4
! I l, ! I, I~ I I
Proposed Ordinance - Section 319
8ubd. 30. ReDair. 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. Roominq 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. Paid for, furnished by, provided by or
under the control of the owner, operator, or agent of a
dwelling.
Subd. 39. Meaninq 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
Revised 7/21/93
Proposed Ordinance - Section 319
Section 319:~5. Responsibilities of Owners and Occupantz. 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. Storaqe 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. Responsibility for Storaqe and Disposal of Garbaq,%
and 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 an,l
Windows. 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 Exterminatio-. 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
Draft Printed 5/18/93
Revised 7/21/93
il 1, i I, ", ,
Proposed Ordinance - Section 319
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,
extermination thereof shall be the responsibility of the
owner.
Subd. 7. Rodent Harboraqes 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.
Subd. 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 Plumblng Fixtures and Facilities.
The owner or occupant of a dwelling unit shall maintain all
supplied plumbing fixtures and facilities therein.
Subd. 11. Minimum Heating Capability and Maintenance. 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~:~h~ of any
rental dwelling shall be responsible for the'""~6~'i""'°f 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.
Draft Printed 5/18/93
Revised 7/21/93
Proposed Ordinance - Section 319
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.
Subd. 14. ~aintenance of Drivinq and Parking Area~ . The owner
of a multiple family dwelling or dwellings shall be
responsible for providing and maintaining in good condition
paved a,nd dclincate~ parking areas and driveways for tenants.
Subd. 15. Owner/Occupant Responsibilities Define4. 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. Minimum Standards for Basic Equipment an,
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.
Draft Printed 5/18/93
Revised 7/21/93
ti · 1, i I, I1 I
Proposed Ordinance - Section 319
Subd. 3. Provide a stove or~.,.~-~-~- ~.~~"~- 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 -:-~ ~-
Jr ...... i~ dcvice~ need
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 ~
similar device 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. S. 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.
Subd. 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 Showe~. 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 319:2S. General Requirement-. No person shall let to
another for occupancy any dwelling or dwelling unit for the purpose
Draft Printed 5/~8/93
Revised 7/21/93
9
57O
Proposed Ordinance - Section 319
of living therein which does not comply with the following
requirements:
Su~d. 1. Foundations, Exterior Walls and Roof,. The
foundation, exterior walls and exterior roof shall be
substantially water tight and protected against vermin and
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 Screens. 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 Ceilings. 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.
Draft Printed 5/18/93
Revised 7/21/93
10
Proposed Ordinance - Section 319
Subd. 4. Rodent Resistant. 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·
ii h
impervlous .... t .... I.
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
Draft Printed 5/18/93
Revised 7/21/93
11
Proposed Ordinance - Section 319
Ce
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.
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.
6. No flight of stairs shall have rotting, loose, or
deteriorating supports.
7. Excepting spiral and winding stairways, the treads
and risers of every flight of stairs shall be
uniform in width and height.
8. Stairways shall be capable of supporting a live
load of two hundred (200) pounds per square foot of
horizontal projection.
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.
1. All 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.
Draft Printed 5/18/93
Revised 7/21/93
12
Proposed Ordinance - Section 319
.... h-fl h~.~ incorporated :- ~ -:- ·
th~ deslgn
~l~v effectlvcly .... -' -
.... t .... the fire ih
does occur.
Subd. 8. Facilities to Functio-. Ail equipment or utilities
required under City ordinances and every chimney and flue
shall function effectively in a safe working condition.
Subd. 9. ~rading and Drainag-. 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 Ceiling Height. 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 Through Sleeping Rooms and Bathroom~. 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
Draft Printed 5/18/93
Revised 7/21/93
13
Proposed Ordinance - Section 319
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.
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 openable from the inside without the
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 3~9:35. Minimum Standards for Liqht and 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. All 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 Fixtures. 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:
Draft Printed 5/18/93
Revised 7/21/93
14
Proposed Ordinance - Section 319
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
of one required electric outlet.
S~bd. 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. 5. 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 Standards.
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.
Draft Printed 5/18/93
Revised 7/21/93
15
Proposed Ordinance - Section 319
Subd. 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. Winterizinq. 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 Rules 4170.4100
S~a~u~e=.~G~=:~G.~.~.~-.~.,~ and this -- ~ .............. are
3 I t ii - - .......
Draft Printed 5/18/93
Revised 7/21/93
16
i · 1, I I, ti I
Proposed Ordinance - Section 319
openings `.- 4-u- ..... 4- `.-- env¢lopu
Adder ..... i
4170 ....
section a19: S~. ztre Protection.
~ I I k .... ~&&--~ ----~ ........ ~ .~&k~ ~.~ aft
"~-~ ~ .... -~--~-"-~-~ -~- ~ ~-~- ~~,,~ 1972~ ~-~
Euilding Code.
do
eo
' ' g i
activatln .... -- - -ddeJ
from 4-~A -- ~ ..... served.
.... opening ......... z
fo
Su~d. 2. Stair.Construction.
Draft Printed 5/I8/93
Revised 7/21/93
17
Proposed Ordinance - Section 319
C .... d "- ' i~, ........ p ght
..... rotectcd ~--
~z ~ tl
1
rating ~f
........................ t~t~d
th
~ -'t--~-I- d rk nship th
~- ~ ...... a ~t ..... ti~ clo==ng by
~ .... ,.~ d~t~-t~- ~- ~ ...~ ~,
.............. ~ ~ ........... ,,~,,,,~' .... St~t ..... d
1972 . "'~ .... '
Draft Printed 5/I8/93
Revised 7/21/93
18
II, · 1, · B, I& I
Proposed Ordinance - Section 319
total
' ...... th~.. doors, ~..~
..... d~ shall
be
fourths hour
fl~ '~-- "'- · ...... located
Ce
do
.......... ~-^4- and shall be
........
..dth --~ -~-- ~-~ ..... ~---~- shall ..~t ...... ~ ~" inches
floor opening ...... than ~- sta~r~-ay opening grcate~
Draft Printed 5/18/93
Revised 7/21/93
19
Proposed Ordinance - Section 319
~-~ '=~ f "~ serving
--- ~-~ ~, ......... ~ shall support a concentrated
ladders shall ~ at l~t~- 15~..~h~=-- ~' "=-~,~ located
......... ~ ...... ~ ....... f ...... ladders through
................... -- shall h~.~ -~-: ....
~ .... = .... ~ 30 inches by 3D inchos
constructed.
kept ~i ...... d .... b~t.~ted at all
Draft Printed 5/18/93
Revised 7/21/93
2O
Proposed Ordinance - Section 319
be
that when ~- iowez
detect.rs shall .... ~-,~ ~-~- ~-~ ........... from
...... theft
..... ~ rcgulat~d bz .... M ........ t~ ~-~ .... ~ ~ ~
.......... · ng Code.
Draft Printed 5/18/93
Revised 7/21/93
21
Proposed Ordinance - Section 319
Section 319=60. Maximum Density, Minimum Space, For Rental
Units. No person shall permit or let to be occupied any rental
dwelling for the purpose of living therein which does not comply
with the following requirements:
Subd. 1. Permissible Occupancy of Dwellinq Unit. The Maximum
permissible occupancy of any rental dwelling unit shall be
determined as follows:
For the first occupant, 150 square feet of habitable room
floor space and for every additional occupant thereof, at
least 100 square feet of habitable room floor space.
In no event shall the total number of occupants exceed
two times the number of habitable rooms, less kitchen, in
the dwelling unit.
Subd. 2. One Family Per Dwelling Unie. Not more than one
family except for temporary guests, shall occupy a dwelling
unit.
Section 319:69~. Enforcement and Inspection Authority. The City
Manager and h'is/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.
Section 319:75.
Unfit 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
Draft Printed 5/I8/93
Revised 7/21/93
22
i I l, I I, I~ I I
Proposed Ordinance - Section 319
facilities to the extent that the defects create a hazard to
the health, safety or welfare of the occupants or of the
P.U_b..~.~.C....~.~Y..~e. ~ec~.9~ unfit for human
~ ~ ';'~ ~'"~'"':~'"~'~' ..................
........ ~, ........ ~ ................ ~ ....... as bcen declared
............................,. , th~ ..... ~--~ ....... ~: .... off~ ~I shall
............. thl ........... bl~
""~ -". It shall ~ .... ~---~-,N
........ ~ ....... rOomlng unit.
Section 319:80. Secure Unfit and Vacate4 Dwellings. The owner
of any dwelling, dwelling unit, or rooming unit which has been
declared unfit for human habitation or which is otherwise vacant
for a period of 60 days or more shall make the same safe and secure
so that it is not hazardous to the health, safety and welfare of
the public. The materials used to secure the building shall be
painted a color which is consistent with the exterior color of the
structure and does not constitute a public nuisance. Any vacant
dwelling open at doors, windows, or wall opening, if unguarded,
shall be deemed to be a hazard to the health, safety and welfare of
the public and a public nuisance within the meaning of this
ordinance.
Section 319:85. Hazardous Buildinq Declaratio-. In the event
that dwelling has been declared unfit for human habitation and the
owner has not remedied the defects within a prescribed reasonable
time, the dwelling may be declared a hazardous building and may be
removed, razed or corrected pursuant to the provisions of Minnesota
Statutes, Sections 463.15 to 463.261.
Draft Printed 5/18/93
Revised 7/21/93
23
Proposed Ordinance - Section 319
copy
,,. ....4__ .-,,..~ ., h ii ~- th
...... ~ ti
...... upon the ...... ~--
....... z pos ng
~ ~- ~"=~ th
..... ff~cl~l ..... F~F~ of the
structure --~ ,,~t~d on ~ ..........
Section 319:95. Riqht 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 ~ ~i~i~i~i~ of the City Code. The
Planning Commission as an advi'~6~ ............ body shall forward their
recommendation to the City Council as the Board of Appeals and
Adjustments in the manner set forth in Section ~ ~67~i'~i~i~i
Such appeals must be in writing, must specify the grounds~:+~6~':':':~
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.
Draft Printed 5/18/93
Revised 7/2~/93
24
i · 1, i I, t I
Proposed Ordinance - Section 319
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
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.
Draft Printed 5/18/93
Revised 7/21/93
25
Proposed Ordinance - Section 319
Section 319:120. Severabilit¥ 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
Revised 7/21/93
26
[l, · l, i I, ~ I I
PROPOSED RESOLUTION #93-
RESOLUTION TO APPROVE A VARIANCE FOR
5335 BAYWOOD SHORES DRIVE, LOT 4, BLOCK $,
REPLAT OF HARRISON SHORES, PID #13-117-Z4 Zl 0069
P&Z CASE NUMBER 93-012
WHEREAS, the applicants, Gary and Kathleen Spaulding, have
applied for a 6.83' 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;
WHEREAS, the requested variance will allow construction of an
addition which includes an entryway, and;
WHEREAS, the City Council requested a Resolution of denial
for the original setback variance request of 7.5' at their meeting
on May 25, 1993, 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, the Planning Commission has reviewed the request and
recommended approval with 6 in favor and 2 opposed, with the
following Finding of Facts:
The 30 foot setback requirement to both streets on
this corner lot makes it difficult to construct a
conducive addition and less than a 30 foot setback
on one of the frontages is reasonable.
~. ~The original placeme~ of th~house D~ecludes the
\ / ~bil~Ry to/a~-on~/~ a~ti~eos~
d s the
pr perty.
3. The addition is more conducive to the neighborhood.
4. The addition will be an improvement to the
neighborhood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Mound, Minnesota, as follows:
Proposed Resolution
Case #93-012
Page 2
The City does hereby approve a 6.83' 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.
The City Council authorizes the alterations set forth below,
pursuant to Section 350:420, Subd. $ 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 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.
! I l, ! I, I~ I I
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
JULY 12, 1993
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 FOR ADDITION,
Building Official, Jon Sutherland, explained that this case has
previously been reviewed by the Commission and the applicant has
now returned with a clarified request. All the facts in the
request for an entryway and second story addition are essentially
unchanged with the exception of the setback being requested to
Baywood Shores Drive. The actual setback variance now being
requested is 6.8 feet, the previous request was 7.5'.
The Planning Commission's original recommendation was for approval
by a 5 to 3 vote citing these findings:
A practical difficulty exists due to the fact the house was
poorly placed on the corner lot.
Planning Commission Minutes July 12, 1993
The proposed entryway addition will create a more conducively
designed house for the neighborhood.
The City Council action was to deny the request, and a resolution
was prepared by staff and the applicants requested at the following
City Council meeting that the Council refer the case back to the
Planning Commission so they may submit a modified proposal. The
City Council's resolution for denial was included in the packet.
Staff recommended that if the Planning Commission finds the
reduction in the variance request is substantial enough that it may
alter the Council action, then a recommendation for approval should
be made. If it is found that the request is still not adequate as
detailed in the proposed resolution, a recommendation for denial
should be made based on the resolution.
Liz Jensen commented that the Planning Commission needs to look for
additional facts to support a recommendation for approval, or if no
additional facts can be found, then action should be made
accordingly.
Mueller suggested the request be moved forward and he reviewed what
he believes to be practical hardships being: the setback
requirements for corner lots precludes the ability to move the
footprint in different directions, and the placement of the house
is such that it didn't grant the applicant reasonable use of their
property. Mueller compared this request to Resolution 93-019 which
granted a lakeside setback variance for a corner lot. In that case
the house was placed such that it did not allow the deck to be
increased in any direction except towards the street, and even
though there was room to do such without a variance, a variance was
granted. He feels these requests are very similar because they are
in the same neighborhood, both corner lots, and the reason for
granting is due to the placement of a house on a corner lot which
he believes to be a practical difficulty.
Meyer commented that he is in favor of the request, but for
different reasons than Mueller. He feels it is irrelevant to
compare the neighbors deck variance with this request. Mueller
clarified that he did not vote in favor of the neighbors deck
setback variance.
Meyer commented that corner lots do suffer some setback problems in
Mound because of the two street frontage setback requirements.
Normally there is concern about what the improvement will do to the
neighbors or the neighborhood or other peoples views or to the
rules for those who conform, in this case he cannot find anything
! I 1, ! I, tt I I
Planning Commission Minutes
July 12, 1993
negative that this would bring to the community, he can only see
positive things.
Weiland commented that he has been trying to find something wrong
with this request, but feels there will be no negative impact; the
addition will not stick out or project in front of other houses,
the house would look very nice with the addition and would improve
property and enhance neighborhood without being obtrusive.
Hanus agrees with Meyer, and feels it is hard to argue that the
addition will not be a marked improvement, but practical difficulty
is a hurdle.
Meyer concluded there are only two houses on Baywood Shores on that
side of the street. Mueller stated that sometimes common sense
should prevail. You cannot write an ordinance for every property
and maybe this is a situation when the ordinance does not directly
apply. This is more important than the strict letter of the code
that was written for a lot of properties and not a specific
property in mind.
Mueller moved a recommendation for approval for the
variance to allow the 6.83 foot setback variance to
Baywood Shores Drive with the followlng findings of fact:
The 30 foot setback requirement to both streets on
this corner lot makes it difficult to construct a
conducive addition and less than a 30 foot setback
on one of the frontages is reasonable.
The original placement of the house precludes the
ability to add-on in a direction that makes sense
and does not interfere with the enjoyment of the
property.
3. The addition is more conducive to the neighborhood.
The addition will be an improvement to the
neighborhood·
Hanus seconded the Motion. Motion carried 6 to 2. Those
in favor were: Meyer, Clapsaddle, Mueller, Weiland,
Jensen, and Hanus. Johnson and Michael voted in the
negative.
Johnson and Michael commented that they feel nothing has changed
from the original request.
This case will be heard by the City Council July 27, 1993.
3
W.O. 89-055 63/5-7 Survey For: GARY & KATHY SPAULDING
SUNDE LAND SURVEYING, INC.
EDWARD H. SUNDE
9001 EAST BLOOMINGTON FREEWAY (35W) · BLOOMINGTON. MINNESOTA 55420 · 612-881-2455
Surveyor's Certificate
PROPERTY DESCRIPTION
Lot 4, Block 7, REPLAT OF HARRISON SHORES,
according to the recorded plat thereof,
Hennepin County, Minnesota.
Oo
'/ "' LOT
g$ ~/I
NOTES & LEGEND RECEIVED
~ JUL 1 2 1993
* Garage floor elevation = 938.0
* Top of block elevation : 938.4
* Basement floor elevation = 935.4
I hereby certify that this survey, plan or
IMPERVIOUS SURFACE CALCULATION report was prepared by me or unJer my direct
supervision and that I am a duly Registered
AREA OF HARD SURFACE: Land Surveyor under the laws of the Sta' o
(House, Garage & Driveway Mi nnesota.
& 50% of deck) = 3,366sq. ft.
TOTAL LOT AREA' = 13,200 sq, ft, Edward H. Sunde, R.L.S.
q<~ Date: Morch 16, 1950 Reg. NO..86___1_2
ERCENT IMPERVIOUS SURFACE: 25.5% REVISED: Morc, 20,19e9 (BId~. Ties)
REVISED April 14~1993 {Proposed Addilion)
I · ~, i I, I~ I I
CITY of MOUND
STAFF REPORT
534~ UAYWOOD ROAD
!/OU~,ID '.I N~E$OTA 55364 !687
· .~2 .!,72 060,,0
FAX 612) 472-0620
DATE:
Planning Commission Agenda of June 12, 1993
TO:
FROM:
SUBJECT:
Planning Commission, Applicant and Staff
Jon Sutherland, Building Official
Variance Request
APPLICANT:
Gary & Kathleen Spaulding
CASE NO. 93-012
LOCATION:
5335 Baywood Shores Drive, Lot 4, Block 5, Replat of Harrison
Shores, PID ~13-117-24 21 0069
ZONING:
R-1 Single Family Residential
BACKGROUND
The applicants have continued and clarified their variance request for an entryway and
second story addition onto the existing dwelling. All the facts in the case are
essentially the same, with the exception of the actual setback to Baywood Shores is as
noted on the latest survey. This clarification results in a slightly reduced variance
request of 6.83 feet to the required 30 foot front yard setback. The previous request
resulted in a 7.5' variance request.
The Planning Commission's original recommendation was for approval by a 5 to 3 vote
citing these findings:
A practical difficulty exists due to the fact the house was poorly placed on the
corner lot.
The proposed entryway addition will create a more condusively designed house for
the neighborhood.
The City Council action was to deny the request, and a resolution was prepared by staff
and the applicants requested at the following City Council meeting that the Council
refer the case back to the Planning Commission so they may submit a modified proposal.
The City Council's resolution for denial is included in the packet.
RECOMMENDATION
Staff recommends that if the Planning Commission finds the reduction in the variance
request is substantial enough that it may alter the Council action, then a
recommendation for approval should be made. If it is found that the request is still
not adequate as detailed in the proposed resolution, a recommendation for denial should
be made based on the resolution.
This case will be heard by the City Council July 27, 1993.
June
r'"lr. Jon
BL~ildir,,~
Cit_q ,:, f
r'.'l o ,- r, ,-I.,
L~ t h e r I ~ r, ,-!
in~pectom
r..I¢, u r, d
r'.1N 552:,64
DeAr r'.'ln. .,eu~.henlar, d:
Subject:
Variance Request For
5335 BagbJood Shores
[]lr.
kle ~Jould like to resubmit our variance
request to the Planning Commis sion s o
that ~Je mag modiFcj our proposal as
follou~s:
I ·
He b~ish to clariFg, t~e are
reques ting a 6.5' addition to the
entry~Jay (not 7.5") - using the
criteria that ~Je include the !.5'
cantilevered
point From ~Jhich
the setback (not
From the addition
end of the house
is reques ted.
overhang
bJe
the
a s the
measure
Foundation).
to the east
a 4' addition
In 1979 udhen the house udas built,
uJe understood our house uJas
conforming to city ordinance,
measuring From the Foundation.
II j 1, i J, I,J I I
The Surveyor's Certificate indi-
cates a 6.5' projection from the
cantilever~ houJever the addition
entryuJay uJili project 6.~5' and
the balance of the addition odill
pro ject 4".
m
The architect's draoding did not
shood or consider the i.5' canti-
levered overhang from odhich
point the proposed addition is
to be measured.
Therefore, the
entry~Jay to the street ~Jould
83.18'. Both the Survey & the
Elevation are being updated to
s hood this.
setback from the
be
!
Hardship
practical
to the Fact that the
poorly placed on the
In addition, the lot is
as previous ly s tated
difficulty exis ts due
the backyard is
to the Fact that
propert~j on the
placed exactly on
setback (over :30'
a 15' deck are on
What little back~jard
decor and drainage.
very
the
house odas
corner lot.
s haliot~ and
s hallouJ due
adjacent
north side is
the 10' side
of house plus
fha t line).
is left is for
In addition,~~
the lot is too Ioua in the north-
east corner For constuction.
The entryuaay is tiny, as toeil
the lower level bedrooms. The
propos ed improvements uaouId
enhance the value of the
house, update its appearance,
and compliment the neighborhood.
relation
lot. Ping
improve
Rlso, uae Feel the proposed land
use request appropriate due the
the location oF our property in
to the lake L~ our lagoon
steps toe can take to
the property's value
use toiil be to the betterment of
not onltj us, but to the neighbor-
hood and community as
Please also consider ttoo variances
granted uaithin the Harrison Shores
area: Resolution #86-82, Jultj 1986,
Recommendaton to approve a lot size
and variance For Lot 8, Block 4, Replat
o£ Harris on Shores ~ Res olution
Resolution to approve a lakeshore
setback variance to alloua construction
of a deck, expansion of existing non-
conforming deck, at Lot 4, Block 4,
Replat of Harrison Shores.
Required
~equest.
enclosures
Thank you
accompany our
for tjour time
and
tn · ~, I I, ~ I
cons ideration oF
this
variance request.
Gar~j and I~athleen SpauIding
5335 Bagt~ood Shores Drive
Mound, Mn, 4 ?;2-38;22
JUL 05 '93 10:11 9001E BLOOHIN6TOM 6la 888 95a6 P.a
W.O. 89-055 63/5-7 Survey For: GARY &.KATHy SPAULDING
SUNDE LAND SURVEYING, INC. EDWARD H, SUNDE
9001 EAST BLOOMINGTON FREEWAY (35W) · BLOOMINGTON, MINNESOTA 55420 · 612-881-2466
Surveyor's
PROPERTY DESCRIPTION
Lot 4, Block 7, REPLAT OF HARRISON SHORES,
according to the recorded plat thereof,
Hennepin County, Minnesota.
? "' LO7'
25 ~//
NOTES & LEGEND_ ' ~ ~ .
* Garage floor elevation = 938.0-
* Top of block elevation =--9'3-~'.4
* Basement floor elevation ~.4
IMPERVIOUS SURFACE CALCULATIO]~
AREA OF HARD SURFACE:
(House, Garage & Driveway
& 50% of deck) =
3r366sq. ft.
TOTAL LOT AREA: = ~
~(~PERCENT IMPERVIOUS SURFACE: 25.5%
I hereby certify that this survey, plan or
report was prepared by me or under my direct
supervision and that I am a duly Registe-~d
Land Surveyor under the laws of the Sta f
Minnesota.
Edward )~. Sonde, R.L.S.
Date: Morch 16 t 1989 Reg. No.. 8612
REVISED: Morch20.1989 (Brdg. Ties) ~
REVISED: April 14,1993 (Proooled Ad&finn)
tn · ~, i I, ~ I I
152
July 28, 1992
RESOLUTION %92-88
RESOLUTION TO APPROVE X LAKESHORE SETBXCK VARIANCE
TO ALLOW CONSTRUCTION OF A DECK
AT LOT 4t BLOCK 4t REPLAT OF HARRISON SHORES
(1701 BAYWOOD LA14E)
PID %13-117-24 21 0087
P&Z CXSB NUMBER 92-019
WHEREAS, the applicants, George and Cheryl Fougeron,
have applied for a 6 foot 1ak.shore setback variance to allow an
expansion to the
WHEREAS, the subject property is located within the R-1
Single Family Residential Zoning District which according to City
Code requires a minimum lot area of 10,000 square feet, a 30 foot
front yard setback_to Bay~ae, a-2~~o~ s~tDacK 2o
Th~-~-~P6'ints Blvd., and a 50 foot set~ to the Ordinary High
'Water elevati~on; and -
WHEREASv All other setbacks and lot area are conforming,
and~
WHEREAS, The Planning Commission reviewed the requested
variance and recommended approval with 6 in favor and 3 opposed.
Approval was recommended based on the fact that the request is
minimal in nature, that the deck addition is a reasonable use of
the property, and there exists a practical difficulty in the fact
that there is no other reasonable location for a deck expansion to
serve the property.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Mound, Minnesota, as follows:
The City does hereby approve a 6 foot lakeshore setback
variance to allow an extension to an existing nonconforming
deck at 1701 Baywood Lane, upon the condition that an as-built
survey be submitted prior to building permit issuance.
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.
It is determined that the ltvability 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:
152
% o3
I I I
July 28, 1992
Construction of 6' x 24' deck extension onto an
existing 6' x 47'8" deck.
This variance is granted for the following legally described
property;
Lot 4, Block 4, Replat of Harrison Shores. PID %13-117-
24 21 0087.
Se
This variance shall be recorded with the County Recorder or
the Registrar of Titles in Hennepin County pursuant to
Minnesota State Statute, Section 462.36, Subdivision (1).
This shall be considered a restriction on how this property
may be used.
The property owner shall have the responsibility of filing
this resolution with Hennepin County and paying all costs for
such recording. A building permit for the subject
construction shall not be issued until proof of recording has
been filed with the City Clerk.
The foregoing resolution was moved by Councilmember Smith ·
and seconded'by Councilmember Ahrens.
The following Counctlmembers voted in the affirmative:
Ahrens, Johnson and Smith.
The following Councilmembers voted
Jensen & Jessen.
Attest: City Clerk
in the negative:
153
Iii
!l:l
i · I I
July 8, 1986
RESOLUTION NO. 86-8:>
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE A LOT SIZE AND SETBACK
VARIANCE FOR LOT 8, BLOCK 4, REPLAT OF HARRISON SHORES,
PID ~13-117-2~ 22 00~6
P.e. CASE ~86-518
WHEREAS, Steven Coddon, owner of the vacant parcel of
land described as Lot 8, Block 4, Replat of Harrison Shores,
~13-117-24 22 0046, has applied for variances in lot size and
setback to the north Three Points Blvd. property line to allow'
construction of a single family dwelling with conforming side
yard and lakeshqre setbacka;.and
WHEREAS, the City Code requires a 10~000 square foot lot
in the R-1 Zoning District with a front yard setback of 30 feet;
and /
WHEREAS, the property described has a'Iot area of 9,640
square feet above the 929.50HW elevaton, requiring.a setback
variance to allow a structure within 20 feet of the north
property line abutting Three Points Boulevard; and
WHEREAS, the Planning Commission has reviewed the
request and does recommend the lot size and setback variances be
approved to afford the owner reasonable use of the property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mound, Minnesota, does hereby approve the lot size
variance and a 10 foot front yard setback variance, as the lot
size is within 90% of the required lot area ands_the hardship is
~ shallowness of the lot to allow the 20 f~
s~orJ~ot 8, BlOck 4, Replat of Hart so hores, ~l~J
~17-24 22 0046, to allow the construction of a single family
dwelling with conforming setbacks to the side lot line and the
lakeshore for lots of record.
The foregoing resolution was moved by Councllmember
Peterson and seconded by Councilmember Paulsen.
The following Councllmembers voted in the affirmative:
Jessen, Paulsen, Peterson, Polston and Smith.
The following Councilmembers
none.
Attest: City Clerk--
voted in the negative:
Mayor
MINUTES - MOUND CITY COUNCIL - JUNE 8v 1993
1.1
CASE ~93-012=
RESOLUTION OF DENIAL FOR GARY & KATHLEE~'
SPAULDING, 5335 BAYWOOD SHORES DRIVE, LOT 4m
BLOCK 5, REPLAT OF HARRISON SHORES, PID #13
~17-24 21 0069
The City Manager read a letter from the applicant asking that this
item be referred by to the Planning Commission so that they may
submit a modified proposal.
MOTION made by Jessen, seconded by Smith to refer Case #93-012
to the Planning Commission at the request of the applicant.
The Council also asked that the Planninq Commission be qiven
a copy of the resolution for denial for their information.
The vote vas un&nimously in favor. Motion carried.
June 8, 1993
Mr. Jon Sutherland, Building Inspector
City of Mound
Mound, MN 55364
Dear Jon:
SUBJECT: Request for Variance at 5335 Baywood Shores Drive
I am aware of the Mound City Council's action denying my
request for a variance.
We would like to ask the council to send the variance
request back to the Planning Commission so we may submit
a modified proposal.
Thank you for hearing this request.
Sincerely,
Gary Spaulding
5335 Baywood Shores Drive
Mound, MN 55364
WFLUM IbL: 53W-262b Jun 03,~3 14:42 No.O1U H.O2
RESOLUTION NO.
RESOLUTION TO DENY A VARIANCE FOR
5335 BAYWOOD SHORES DRIVE, LOT 4, BLOCK 5,
REPLAT OF HARRISON SHORES, PID ~13-117-24 21 0069
P&Z CASE NUMBER 93-012
WI~EREA$, the applicants, Gary and Kathleen Spaulding, have applied
for a 7.5 foot front yard setback variance to Baywood Shores Drive and to
recognize an existing nonconforming front yard setback to Baywood Lane to
allow construction of an addition, and
WBEREAS, 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
WTiEREA$, the City Councll, after thorough review of the facts
involved in this case, and the Mound City Code regulations regarding the R-!
Zoning District and specifically the 30 foot front yard setback requirement
has determined that the granting of the variance request is not consistent
with the criteria set forth in City Code Section 350:05 for variances, and
W~EREAS, in this case there has been insufficient showing of
hardship or practical difficulty to warrant granting a variance, and
WBEREAS, there is currently a .94 foot encroachment to the front
yard setback, and the proposed addition includes an entryway which would
result in further encroachment into the required 30 foot setback of 7.5
feet, and
WI~EREAS, when the applicants' house was constructed it was poorly
placed on the corner lot but substantially according to the setbacks
required at that time, and
WBEREAS, the applicants' case was presented to the Planning
Commission on April 12 and May 10, 1993, and the Commission recommended
approval with 5 in favor and 3 opposed,
NOW, TBEREFORE, BE IT RESOLVED By the City Council of the City of
Mound, Minnesota, as follows:
The City does hereby deny the request for a 7.5' front yard
setback variance to Baywood Shores Drive to allow
construction of an addition at 5335 Baywood Shores Drive
based upon the following findings:
There is at present a minor encroachment into the
front yard setback.
The request is to increase the encroachment to 7.5
feet (22.5 feet from the street).
WHLUM
! ·
I I ~
Jun US,~J5 14:42 No.U1U F.U.5
Variances are to be used in cases of hardship such
as lot size, lot shape, soils, topographic
conditions, and things of that nature. In this
case there is no showing of hardship but merely
for the property owners' convenience.
Allowing variances without true hardship or
extenuating circumstances would merely circum-
vent the ordinance setback requirements and
perpetuate the difficulties in getting
properties in the City to conform to current
ordinances.
The fact the existing house was poorly placed on a
corner lot does not provide justification for
varying the setback requirements.
The Council finds that the granting of the
requested variance would confer on the applicants
special privileges that are denied by the zoning
code to other owners of land in the same
residential district.
The granting of the variance would be detrimental to the
public welfare and injurious to other properties in the
area, since no hardship has been shown on the owners of
this property other than convenience to justify the
issuance of the variance.
The Council further finds that if general standards and
requirements are waived or relaxed for one property owner,
other property owners have the right to expect the same
type of treatment or their constitutional rights would be
adversely affected by failing to apply the equal
protection rules of the constitution for all citizens.
MINUTES - MOUND CITY COUNCIL - N~Y 25, 1993
1.2
~ABE ~93-012: GARY & KATHLEEN SPAULDING, 5335 BAYWOOD SHORES
DRIVE, LOT 4, BLOCK 5, REPLAT OF HARRISON SHORES, PID #13-117-
24 21 0069. REQUEST: VARIANCE.
Building Inspector Jon Sutherland explained this item. Staff had
originally recommended to the Planning Commission that if lack of
hardship or practical difficulty exists the request should be
denied. 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. The Planning Commission recommendation was approval
of the variance by a 5 to 3 vote.
MOTION by Smith, seconded by Ahrens to accept the Planning
Commission's recommendation to approve the variance. Motion
failed with of vote of 3 to 2, with Jensen, Jessen and Johnson
voting no. Motion failed.
MOTION by Johnson, seconded by Jensen to direct city attorney
to prepare a resolution of denial for the variance request on
case ~93-012, Motion carried, Ahrens voting no.
[l, I 1, i I, I~ I ~
PROPOSED RESOLUTION #93-
RESOLUTION TO APPROVE A VARIANCE FOR
5335 BAYWOOD SHORES DRIVE, LOT 4, BLOCK 5,
REPLAT OF HARRISON SHORES, PID #13-117-24 21 0069
P&Z CASE NUMBER 93-012
WHEREAS, 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;
WHEREAS, 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, Ail other setbacks, lot area and lot coverage are
conforming, and;
WHEREAS, The Planning Commission has reviewed the request and
recommended approval with 5 in favor and 3 opposed, with the
following Finding of Facts:
Practical difficulty exists due to the fact that the
house was poorly placed on the corner lot when
constructed.
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:
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 forth below,
pursuant to Section 350:420, Subd. $ 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 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.
! I 1, ! I, t I I
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
MAY 10, 1993
Case ~93-012: Gary & Kathleen Spauldinq, 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.
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), 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 5 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.
CITY of MOUND
STAFF REPORT
534' MAYWC3D ROAD
MOUNZ' MINNESZ.-A 55364-4687
6'2~
--&X 612 z-2-0620
DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
CASE NO.
Planning Commission Agenda of May 10, 1993
Planning Commission, Applicant and Staff
Sutherland, Building
Variance Request
Gary & Kathleen Spaulding
93-012
LOCATION:
ZONING:
BACKGROUND
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.
~ JO ] ~ ~ printed on recycled paper
MINUTFS OF A MEETING OF THE
MOUND ADVISORY PLANNING COI~L~HSSION
APRIL 12, 1993
CASE ~93-012: GARY it KATHLEEN 8PAULDING. 5335 BAYWOOD SHORE~
DRIVE, ~.OT 4, BLOCK 5, REPLAT OF HARRISON BEORESt PID ~13-117-24 21
0069. FARI~NCE.
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.
CITY of MOUND
5341 MAYWQOD
MZUhS !,"7',,r,,~ESOTA 55364
SAz
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:
5335 Baywood Shores Drive
Lot 4, Block 5, Replat of Harrison Shores
PID #13-117-24 21 0069
ZONING:
BACKGROUND
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.
pr~nted on recycled paper
i I ~, i I, tt I I
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
revised 4/2/92
VARIANCE APPLICATION
CITY OP HOUND
5341 Maywood Road, Hound, MN 55364
Phone: 472-0600, Pax: 472-0620
Planning Commission Date:
City Council Date:
Site Visit Scheduled:
Application Fee: $50.00
Case No. q~'OJZ
Zoning Sheet Completed:
Copy to City Planner:
Copy to Public Works: .,
Copy .t.o City ~,~eer: .4 ~,.~ c','2
........... ,._.,.,.., ....... f A .'~.-,.x~. 7'-.-t. ?. .....................................
Please print the following information:
s 2ect
Owner' s Address .~.~
Applicant's Name (if other than owner)..
Address Day Phone
LEGAL DESCRIPTION:
/_%- Il"/- ~-~-~ - oo~q
zoning,
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, numbe~
of stories, type of use, etc.): /~~~~~~//~~~
~ ' ~ .
· f V ~ _ ' · ~ ~
!1 1, ! I, ~ I I
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:
Rear Yard:
Lake Front: ( N S E W )
Side Yard: l(~~i
Side Yard: )
Lot Size:
Street Frontage
required requested VARIANCE
(or exis.~ing) A d ~ ~,,~,~F'~
ft. ft. . .
/~ ' ft. ft. ft.
ft. ft. ft.
j~' ft. ft. ft.
~' ft. ft. ft.
sq ft sq ft sq ft
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-conforming use:
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 ( ) existing
(~) too shallow ( ) shape ( ) other: specify
~lease describe: ~~ ~/~~~ ~ - ~~~
5. Was the hardship described above created by t~ef~ction of anyone havin~'
property interests in the land after the zoning ordinance was adopted
(1982)? Yes (), No ~. If yes, explain
revised 4/2/92
Variance Application
Page 3
Case NO. ~'~-'(~lc~
Se
Was the hardship created by any other man-made change, such as the
relocation of a road? Yes (), No (~Q. If yes, explain
e
Are the conditions of hardship for which you request a variance peculiar
only to the property described in this petition? Yes ~), ~). 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
ii~ll.o&~tl~~sting, maj~taining and removing s~.ch notices as ma~~e
i · ~, i I, u, I I
CERTIFICATE OF SURVEY
FOR:
%
%
\
o
x
1ooo ~1
DMx~el Iron monument
~ off.t mk.
DorK~# exbting
Dehorn Proposed .l.v.
Oenot~ lJrfK~ drllnnge
Propoled girlge floor
I~opo~l top of found~tion olev. -
BENCH MARK:
DEMAP~ · GABRIEL
I hereby c~rtlfy thet this Is I true end correct representation of o survey of
the boundaries of the Ibovl described lind end of the location of ill I~Jilding~.
If any, the~on, end all vllll~a encroachments, If any, from or on laid land.
File No,
Book - Pop
fBOffT8
IIDBs
LAJ~IHOI~II I
u · · v
SO' ~M&mured frc~ O.H.¥. ]
IXDII II I' ·
IIDBj II I ·
L,AJ~S#OP. II SOe I~fi&lUlred frills
A. BA.q t # ~
{d
I
(66) (58)
(5~)
:~0
~ 0
c
! I l, i I, tt I i
PROPOSED RESOLUTION #93-
RESOLUTION TO APPROVE A VARIANCE TO IMPERVIOUS SURFACE COVERAGE
AND A SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF AN
ADDITION AT 4936 GLEN ELYN ROAD
LOT 8v BLOCK 23~ SHADYWOOD POINTv PID #13-117-24 11 0083
PaS CASE NUMBER 93-016
WHEREAS, the applicants, Richard and Darlene Sollie, have
applied for a variance to impervious surface coverage and side yard
setback to allow construction of an addition consisting of a second
floor, a garage and an entry, and;
WHEREAS, there is an existing nonconforming garage that
substantially encroaches into the front yard setback that as a
result of this proposal will be removed and will represent a
substantial improvement to the property, and;
WHEREAS, the existing hardcover is at 35.1% and the proposed
hardcover is at 38.8%; the maximum allowed is 30%, and;
WHEREAS, drainage is a major concern for this property and
the adjacent property, and the proposed addition is expected to
improve the existing drainage problems, and;
WHEREAS, the setback variances requested include the
following:
SIDE WEST 1.6'
LAKESIDE O.H.W. 1.0'
WHEREAS, the subject property is located within the R-lA
Single Family Residential Zoning District which according to City
Code requires a lot area of 6,000 square feet, a 20 foot front yard
setback, 6 foot side yard setbacks for "Lots of record," and a 50
foot setback to the ordinary high water, and;
WHEREAS, the Planning Commission has reviewed the request and
recommended approval with 7 in favor and I opposed.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
city of Mound, Minnesota, as follows:
The City does hereby approve a variance to impervious surface
coverage of 517 square feet, or 8.<1%, a 1:.6' side yard
setback variance, and a 1' setback variance to the ordinary
high water from 'the existing deck, contingent upon the
following conditions:
The final grading plan be reviewed and
approved prior to building permit issuance by
the City Engineer and Building Official.
Proposed Resolution
Page 2
Case #93-016
A drainage plan for the property, specifically
at the east side of the dwelling, should be
reviewed and approved by staff.
Ce
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.
Ail setbacks be conforming on the east side of
the property, including the setback to the
addition.
The City Council authorizes the alterations set forth below,
pursuant to Section 350:420, Subd. $ 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 an addition.
This variance is granted for the following legally described
property:
Lot 8, Block 23, Shadywood Point.
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.
i I 1, ! I, I~ I I
Planning Commission Minutes
July 12, 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 FOR
ADD~
This case was previously tabled by the Planning Commission. The
applicants have modified their original variance to construct an
entry and attached garage by reducing the amount of hardcover. The
requested setback variances remain the same.
The existing hardcover is at 35.1% and the proposed hardcover is at
38.8% which is a minimal increase for the type of improvement. The
drainage is a concern and will need to be approved by the City
Engineer. The applicant proposed the bituminous driveway to drain
towards the street and the house gutters to drain towards the lake.
Staff recommended approval of the request to recognize existing and
proposed nonconforming setbacks and a variance of 234 square feet,
or 3.7 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.
Hanus confirmed that the applicant has no problem with condition #3
in the staff recommendation regarding the removal of the existing
garage.
The applicant reviewed the hardcover calculations and changes from
the original request, as follows:
Removal of a concrete pad (well room) at the west side of the
house.
2. Removal of the existing garage.
Originally the large deck at the lakeside was calculated at
100%, and is now calculated at 50%.
3. Decreased the size of the driveway.
Planning Commission Minutes July 12, 1993
4. The entry stairs have been changed from concrete to wood.
The applicant emphasized the hardship for this lot being the slope
and drainage concerns. Both him and his neighbor have water
problems in their basement and he believes his proposal will help
improve the drainage problems. He listed three options to relating
to the drainage concerns: 1) continue to drain water down towards
the house, 2) drain towards the street, or 3) install some type of
tiling to direct runoff. He further stated that the property needs
to be redeveloped and in order to do so they need some lee-way.
Mueller confirmed with the applicant that the proposed improvements
will positively affect the neighbors drainage concerns. The
Building Official commented that the applicant will need to provide
more information to ensure that the drainage will work.
Neighbor, Rosemary DeGuise restated her concerns as expressed at
the May 10, 1993 Planning Commission Meeting, including drainage
concerns and the fact that the survey is incorrect. Meyer reviewed
the motion made by the Planning Commission that the applicant was
to try and resolve the issue relating to the accuracy of the
survey. Staff reiterated that the applicant has submitted a survey
completed by a registered land survey and it would be the neighbors
responsibility to obtain an additional survey to verify there are
inaccuracies. It was noted that if evidence is received which
verifies the applicant's survey is incorrect it will change all the
setbacks, then the request would be brought back to the Planning
Commission and Council for review.
Mueller questioned the accuracy of the hardcover calculations, and
questioned the required setback to the stairway at the side of the
house, it is his understanding that the stairs should be setback 2
feet from the side property line. The Building Official understood
the stairway could be located up to the property line. It was
noted that there is 5.3' between the house and property line and if
the stairway is only 3' wide will comply to a 2' setback.
The setback variances being requested as outlined in the staff
report were confirmed and corrected by the Planning Commission, as
follows:
SIDE EAST .7'
SIDE WEST 1.6'
LAKESIDE O.H.W. 1.0'
Since there is only a .7' setback variance proposed at the east
side to the proposed garage, it was suggested that the proposed
garage be scaled back to allow for a conforming setback.
5
i I 1, i I, I~ I I
Planning Commission Minutes
July 12, 1993
MOTION made by Ranus to recommend approval of the
variance request as recommended by staff, including the
following conditions:
The final grading plan be reviewed and
approved prior to building permit issuance by
the City Engineer and Building Official.
A drainage plan for the property, specifically
at the east side of the dwelling, should he
reviewed and approved by staff.
All retaining walls greater than 4 feet in
height shall be properly engineered.
0
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.
All setbacks be conforming on the east side of
the property, including the setback to the
addition.
Compliance to condition #1 is stressed. Michael seconded
the motion. Motion carried ? to 1. Those in favor were:
Meyer, Clapsaddle, Johnson, Weiland, Jensen, Hanus, and
Michael. Mueller was opposed·
Mueller commented that his reason for not approving is that he
feels there is too much house proposed for the lot.
This case will be heard by the City Council July 27, 1993.
CERTIFICATE OF SURVEY
PreporeO for'
4,I
0t4,)
Total Lot ,'~rea = 63~(: s<~. I! .
( Above a. 2q.4)
HARD SURFACE COVERAGE:
Exlxtlng House
Existin,j Jeck
Proposed Addition
Prcposed steps & patios
Proposed driveway
Proposed Hard Cover
sq.
ft. -38.1 per cent
GENERAL NOTES
0 Denotes )ran m0numen~
'"' De,~ote$ cross ch,selecl m cc,ncrele
· 939.7 Denotes e~,st,ng spot elevot,on
~ Denotes Ixoposed spot elevot,on
· Denotes surface drainage
Dashed contour lib. es denotes proposed features
Solid contour hnes denotes ex,st,n9 features
,ALL-METRO LAND
SURVEYORS
2}40 Daniels Streef
Long Lake, Minnesota 55556
Ph. 475- 1433
Proposed topo! foundahon elevot;on =
Proposed basement f~oor elevoHon =
mropose~ garage floor e)evat,on :
BENCHMARK:
to,dsc, p, .~ ~,~,~ c,,,,,~, c~l¢. bY R. 5elh'~
I ~ereby cart,fy t~al thil lmvly, p~ o~ rlgo~f SCALE
was prepared ~ ~ o~ uncle, ~ d-Ici tu~rv,lson
and that I Gm · duly Reg,itered ~ Surveyor
~dlf fbi taWl of the State of M,nnesota
DATE OCT. S) l~8~ REG ~ 170~ FILE NO.
CERTIFICATE OF SURVEY
Prepored for'
RECEIVED
HAY 10 ~993
Exixting House 1050
Existing Jeck 369
Proposed Addition 705
Prcposed steps & patios 242
Proposed driveway 603
Proposed Hard Cover 2969 sq. ft. - 47 per cent
~ ~J~ ~ENERAL NOTES
,o t5
CITY of MOUND
STAFF REPORT
534.1 M~vWOOD ROAD
MOUND. MIN",E$OTA 55364-!687
/6~2 472-0600
FAX iE' 2: 472-0620
DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
Planning Commission Agenda of July 12, 1993
Planning Commission, Applicant and Staff
Jon Sutherland, Building Of ficial
ARC6.
Variance Request
Richard and Darlene Sollie
CASE NO.
LOCATION:
93-016
4936 Glen Elyn Road, Lot 8, Block 23, Shadywood Point, PID ~13-117-
24 11 0083
ZONING:
R-lA Single Family Residential
BACKGROUND
The applicants have modified their original variance to construct an entry and attached
garage by reducing the amount of hardcover. The requested setback variances remain the
same. Attached are two revised surveys labeled "existing" and "proposed" which details
the request.
The main issue is the increase in hardcover, originally proposed at approximately 47
percent. This has now been reduced to 38.8 percent total hardcover or an actual
increase of 3.7 percent. This slight increase would result in the removal of the
grossly nonconforming detached garage and a much improved and more functional entry and
garage for the property. The reduction in the area of driveway has improved the
conditions of impervious cover.
In staffs original recommendation it was noted the proposed garage is of minimal size
and is better suited to the property than the existing situation. In addition, the
topography and the need to provide easy access creates a practical difficulty when
considering placement and design of the improvements that are needed on this site.
RECOMMENDATION
Staff recommends approval of the request for variances to recognize existing and
proposed nonconforming setbacks and a variance of 234 square feet, or 3.7 percent to
the maximum 30 percent impervious coverage allowable by City Code with the following
conditions:
1. The final grading plan be reviewed and approved prior to building permit issuance
by the City Engineer and Building Official.
2. All retaining walls greater than 4 feet in height shall be properly engineered.
3. 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.
This case will be heard by the City Council July 27, 1993.
JS:pj
2 ~ ~1 ~ printed on recycled paper
! I 1, i I, I~ I I
PROPOSED HARD COVERAGE & DRAINAGE PLAN
4936 GLEN ELYN ROAD
Existing Hard Coverage:
Proposed Hard Coverage:
Increased Coverage:
2,239 sq.ft.
2,473 sq.ft.
234 sq.ft.
35.1%
38.8%
3.7%
Drainage as shown on Proposed Plan
Only bituminous drive drains to s%reet
House gutters will drain toward lake
RECEIVED
J tJt~t 3 0 1993
.CERTIFICATE OF SURVEY
Prepared for:
RICHARD SOLLIE
$ I
LEGAL DESCRIPTION:
Lot 8, Block 23, SHADYWOOD
POINT, according to the
recorded plat thereof,
Hennepin County, Minnesota.
O
2~'.0
GENERAL NOTES
. o Denotes iron monument
'+' Denotes cross chiseled in concrete
x 939.7 Denotes existing spot elevation
~] Denotes proposed spot elevation
( Denotes surface drainage
Dashed contour linee denotee proposed features
Solid contour linee denotes existing features
ALL-METRO LAND
SURVEYORS
2:540 Daniels Street
Long Lake, Minnesota 55556
Ph; 475-1453
Proposed top of foundation elevation =
Proposed basement floor elevation =
Proposed garage floor elevation =
BENCHMARK:
'~ herald)· certify that thll eurvey, plan or rlport
Wal prlpared by me o, under my direcl eu~rvieiofl
and that Z am a duly Regiltered ~nd Survl~of
under the Iaw~ of the Stale of Minnesota.
170~5
SCALE
I"'
BOOK
FILE. NO.
87 18Z-A
tn · i, I~ I I
CERTIFICATE OF SURVEY
Prepared for' R £CHARO
Total Lot A-rea = 6380 sq. t't.
(Above 929.4)
HARD SURFACE COVERAGE:
Ex[xting House 1050
Existing ~eck Ig[
Proposed Addition 705
Prcposed steps & pat2os
Proposed driveway
Proposed Hard Cover
sq.
ft. -38. Sper cent
GENERAL NOTES
o Denotes iron monument
'+' [)anDreS cross ch,seled m concrete
~939.7 Denotes extshng spot elevation
~ Denotes proposed spot elevation
( Denotes surface drainage
Dashed cor~o~Jr hnes denotes proposed features
Solid COntOur I~nes denotes ex,stm(j features
.ALL-METRO LAND
SURVEYORS
2340 Daniels Street
Long Lake, M,nnesota 55356
Ph. 475- 1433
Proposed lop of foundation elevation =
Proposed basement floor elevation =
Proposed garage floor elevation =
BENCHMARK:
Rt.,-hF,e, ~ ~ show
OCT.5;I987REG NO ~70~
?.3
NO.
i · I, i I, I~ I I
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
MAY 10, 1993
Case #93-015~ Richard and Darlene 9olli®, 4936 Glen g1¥~ Road, Lot'
~. Block 23, 8hady~ood Point, VID #13-117-24 11 0083. VARXANCB~
Building Official, Son 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:
Recm£r~ Kx£st£n~ Pro~x~ee~
FRONT 20' 20' 0'
SIDE ~AST 6' 10.1' 5.3' 4.7'
$IDN WEST 6' 4.4' __ 5.6'
LAF~SIDE OHW 50' 49' -- 1o
LOT COVERAGZ 30% (1914 sf) 4?% (2969 sf) 17% (1055
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:
1. The final grading plan be reviewed and approved prior to
building permit issuance by the City Engineer and Building
Official.
2. All retaining walls greater than 4 feet in height shall be
properly engineered.
3. 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.
1
It was noted that if the survey line is incorrect, it would change
the side yard setback and the hardcover percentage.
NOTION made by Voss, seconded by Wailand 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 receive comments from the
City Engineer relating to dr&inaga. ~otion carried
unanimously.
CITY of MOUND
534~ MAYWOOD ROAD
MOUND MINNESOTA55364-~687
~6~2~ 472-0603
FAX ~6121 472 0620
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
Planning Commission Agenda of May 10, 1993
Planning Commission, Applicant and Staff
Jon Sutherland, Building Official ~ ~J
Variance Request
APPLICANT:
Richard and Darlene Sollie
CASE NO. 93-016
LOCATION:
4936 Glen Elyn Road, Lot 8, Block 23, Shadywood Point, PID #13-117-
24 11 0083
ZONING:
R-iA Single Family Residential
BACKGROUND
The applicants are seeking variances to recognize existing nonconforming
setback to the dwelling of 4.4' to the west side, and __' to the
Ordinary High Water in order to construct an addition consisting of a
second story entry and garage. At the time this report was prepared, a
revised survey had not yet been submitted. Staff will detail the
accurate information to the Planning commission at the meeting. The
following information has been established:
Required Existing Proposed Variance
FRONT 20' --
SIDE EAST 6' 10.1' 5.3' ~-~'
SIDE WEST 6' 4.4' -- ~ ],~
LAKESIDE OHW 50' --
According to the applicant's calculations on lot area and hardcover, the
proposal is 41 percent total impervious surface or 11 percent over the
maximum 30 percent allowable (this information will be reviewed again
when the revised survey is received).
g ,37
printed on recycled paper
tn · i, · l, IJd I I
Staff Report
4936 Glen Elyn Road
May 10, 1993
Page
COMMENT
AS part of this proposal, 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 create 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.
RECOMMENDATION
Staff recommends approval of the request for variances to recognize
existing and proposed nonconforming setbacks and a variance of
square feet 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.
This case will be heard by the City Council May 25, 1993.
JS:pj
4/93
VARIANCE APPLICATION
CITY OF MOUND
5341 Naywood Road, Mound, MN 55364
Phone: 472-0600, Fax: 472-0620
APR 2 2
Planning Commission Date: ~10 --fi~
City Council Date:. -~-~--ZS~
Site Visit Scheduled:
Application Fee: $50.00
Case No. q~"~OI ~
Zoning Sheet Completed:
Copy to City Planner:
Copy to Public Works:
Copy to City Engine~r-
............. DN. ..... ......................................
Please type or print the following information:
Address of Subject Property ~ ~ Gte~ fL gO
Owner's Name ~QHARD +~LfWf 50a&l~ Day Phone ~7[-
Owner's Address ~3 ~ GL~ ~L y~ ~D ·
Applicant's Name (if other than owner)
Address
· Day Phone
LEGAL DESCRIPTION:
lock
Zoning Distriot~--~A Use of Property: ~~d~~'al -
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.
Detailed descripton of proposed construction or alteration (size, number
of stories, type of use, etc.):
~ DD l rl c l~ OF S~co~ ~
f%Tr¥ I'Z. f'X
Gq.r¢.¢~- ZZ.33 ×
4/93
Variance Application
Page 2
2. DO the existing structures comply with all area, height, bulk, and
setback r~ulations for the zoning district in which it is located? Yes
, No ~). If no, specify each non-conforming use (describe reason
variance request, i.e. setback, lot area, etc.)
SETBACKS:
Front Yard: ( N~E W )
Rear Yard: ( N S E W )
Lake Front:
Side Yard: S )
Side Yard: ( N S )
Street Frontage:
Lot Size:
Hardcover:
~ I
required requested VARIANCE
(or existing)
~0 ft. ZO ft. O~
ft.
ft. ft. ft.
' ~~~ ft. ~ '+/- ft. ~'~/-- ft.
ft. ~,~ ft. l~)~ ft.
~ ft. }O ft. ft.
ft. .~6~) ft. ~ ft.
-- sqft ~ sqft
_ q ~t'/q~m3 t ~sq ft 7 sq ft
sq
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:
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 ~) existing
( ) too shallow ( ) shape ) other: specify
Please describe:
0 boc,c l qz. q ,
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 O~. If yes, explain
4/~
Variance Application
Page 3
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 (), No ~. 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, or of posting, maintaining and removing such notices as may be
required by law.
Owner' s Signature ~J~/~9~ z/,///~ ~/~
Applicant's Signature
Date
Date
I · ~, I I, I~ I I
CERTIFICATE OF SURVEY
Prepared for: RICIIARD SALLIE
LEGAL DESCRIPTION:
Lot 8, Block 23, SHADYWOOD
POIMT, according to the
recorded plat thereof,
Hennepin County, Minnesota.
GENERAL NOTES
o Denotes iron monument
' +" Denotes cross chiseled in/concrete
x 939.7 Denotes existing spot eld, allan
[~9--] Denotes proposed spot elevation
( Denotes surface drainage
Dashed contour lines denotes proposed fealures
Solid contour lines denotes existing features
__A. LL-METRO LAND
_SURVEYORS
2340 Daniels Street
Long Lake, Minnesota 55356
Ph.;~
Proposed lop of foundolion elevalion =
Proposed basement floor elevalion =
Proposed garage floor elevation =
BENCHMARK:
I hereby csrlify thai Ihls survey, plan or report
was prepared by me or under my direct supervision
and that 7. am a duly Registered Land Surveyor
under the laws of the State of Minnesota·
DATE OCT. 5, 1987 REG. ,o.. 170Z5
~P~ 2.2
SCALE
FILE NO.
D
CERTIFICATE OF SURVEY
RICHARD SOLLIE
Prepared for'
-I
LEGAL DESCRIPTION:
Lot 8, Block 23, SHADYWOOD
POINT, according to the
recorded plat thereof,
Hennepin County, Minnesota.
GENERAL NOTES ,
i · 1, i i, I~ I I
HARDCOVER CALCULATIONS
EXISTING LOT AREA ~,t 3 ~ q~ ¥ SQ I~ X 30% =
EXISTING LOT AREA
SQ FYX 15% =
LENGTH WIDTH
HOUSE:
-3o x 35' =
/z.9
x /y :
X =
TOTAL HOUSE ...........
GARAGE:
DRIVEWAY:
DECK:
OTHER:
TOTAL G . .
2-0 X =
X
~ x
TAL DRIVEWAY
DECK ...........
T~AL DECK @ 50%
~___/ /o
TOTAL OTHER ...........
SQ FT
/
/¢¢
/ ¢ ,_/.
/
TOTAL PROPOSED HARDCOVER ..............
MEETS LOT COVERAGE REQUIREMENTS?
DATE
__YES ~ NO
GENERAL ZONLNG INFORMATION SI[EET
FRONT t
FRONT
SIDE:
IS THIS
WILL THE PROI~OSED X)(PROVKHII(T· CO#FORJ4? Il·
!
J
! I 1, i, I, I J, I I
PROPOSED RESOLUTION #93-
RESOLUTION TO APPROVE ~ VARIAI~CE TO IMPERVIOUS LOT COVEI~GE
TO ~LOW CONSTRUCTION OF A DETACHED G~,GE AT
5725 SUNSET ROAD, PART OF LOT 68, MOUND ADDITION,
PID $14-117-24 41 0038, P&Z CASE NUMBER 93-031
WHEREAS, the applicants, Joseph and Kimberly Rasmussen, have
applied for a variance to impervious lot coverage to allow
construction of a detached garage, and;
WHEREAS, total proposed hardcover is 50% @ 3,135 square feet
resulting in a variance request of 20% or 1,240 square feet, and;
WHEREAS, there is a shared driveway with the adjacent
property which compounds the problem of hardcover, and;
WHEREAS, the garage size is reasonable and the policy of the
City has been to promote garages to ease the accumulation of
clutter. It is difficult to place a garage on the site due to the
existing layout of the house; the natural placement of the garage
is in the rear and this results in a long driveway and an excessive
amount of hardcover. The proposed garage is not outside the normal
size range.
WHEREAS, the subject property is located within the R-2 Two
Family Residential Zoning District which according to City Code
requires a lot area of 6,000 square feet, a 20 foot front yard
setback, 6 foot side yard setbacks for "Lots of record," and a 15
foot rear yard setback, and;
WHEREAS, an existing nonconforming side yard setback of 5.8
feet resulting in a .2 foot setback variance is also requested,
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 with the following Finding of
Fact: the construction of a garage is a reasonable use of the
property in that a practical difficulty exists in the fact that
there is no other location available on the site, and the condition
of a shared driveway creates a hardship with respect to hardcover.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Mound, Minnesota, as follows:
The City does hereby approve a 20% (1,240 square foot) lot
coverage variance and a .2 foot side yard setback variance to
allow construction of an otherwise conforming detached garage
at 5725 Sunset Road.
Proposed Resolution
Page 2
Case #93-031
The City Council authorizes the alterations set forth below,
pursuant to Section 350:420, Subdivision 8 of the Zoning
Ordinance with the clear and express understanding that the
use remains as a lawful, nonconforming use, subject to all of
the provisions and restrictions of Section 350:420.
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 24' x 24' one story detached
garage.
This variance is granted for the following legally described
property:
That part of Lot 68, Mound, lying North of the South 20 feet
thereof.
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.
tn · I, i I, ~ I I
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
JULY 12, 1993
Case g93-031: Joseph & Kimberly Rasmussen, 5725 Sunset Road, Part of
Lot 68, Mound Addition, PID #14-117-24 41 0038. VARIANCE FO."_
Building Official, Jon Sutherland, reviewed the applicant's request
for a variance to the impervious surface requirements of the code
in order to construct a new garage. According to the hardcover
calculations this would result in a 50 percent or 3,158.5 square
foot variance. The fact that there is a shared driveway with the
adjacent property compounds the problem of hardcover.
The garage size is reasonable and the policy of the City has been
to promote garages to ease the accumulation of clutter. A
difficulty results in placing a garage on the site due to the
existing layout of the house. The natural placement of the garage
is in the rear and this results in a long driveway and the
excessive amount of hardcover. The only option to minimize the
hardcover is to reduce the size of the garage. As proposed, the
garage is not outside the normal size range.
Staff recommends the Planning Commission recommend approval of the
request for a variance to hardcover in order to construct an
otherwise conforming detached garage. Approval of the request will
allow the applicant more reasonable use of the property. It is
suggested the following finding of fact be incorporated into the
motion: The construction of a garage is a reasonable use of the
property in that a practical difficulty exists in the fact that
there is no other location available on the site, and the condition
of a shared driveway creates a hardship with respect to hardcover.
MOTION made by Clapsaddle, seconded
recommend approval of the variance as
staff. Motion carried unanimously.
by Jensen to
recommended by
This case will be heard by the City Council on July 27, 1993.
CITY of MOUND
MOUND MINNESOTA5536~ ~687
(612'~ 472-0600
STAFF REPORT ~AX {6~2~ 472-0620
DATE:
Planning Commission Agenda of July 12, 1993
TO:
FROM;
SUBJECT:
Planning Commission, Applicant and Staff
Jon Sutherland, Building Official ~
Variance Request
APPLICANT:
Joseph & Kimberly Rasmussen
CASE NO. 93-031
LOCATION:
5725 Sunset Road, Part of Lot 68, Mound Addition, PID ~14-117-
24 41 0038
ZONING:
R-2 Two Family Residential
BACKGROUND
The applicants are seeking a variance to the impervious surface requirements of
the code in order to construct a new garage. According to the hardcover
calculations this would result in a 50 percent or 3,158.5 square foot variance.
The fact that there is a shared driveway with the adjacent property compounds the
problem of hardcover.
The garage size is reasonable and the policy of the City has been to promote
garages to ease the accumulation of clutter. A difficulty results in placing a
garage on the site due to the existing layout of the house. The natural
placement of the garage is in the rear and this results in a long driveway and
the excessive amount of hardcover. The only option to minimize the hardcover is
to reduce the size of the garage. As proposed, the garage is not outside the
normal size range.
RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the request for
a variance to hardcover in order to construct an otherwise conforming detached
garage. Approval of the request will allow the applicant more reasonable use of
the property. It is suggested the following finding of fact be incorporated into
the motion: The construction of a garage is a reasonable use of the property in
that a practical difficulty exists in the fact that there is no other location
available on the site, and the condition of a shared driveway creates a hardship
with respect to hardcover.
This case will be heard by the City Council on July 27, 1993.
JS:pj
printed on recycled paper
! I 1, i I, t I I
4/93
VARIANCE APPLICATION
CITY OF NOUND
5341 Malr~ood Road, Mound, lin 55364
Phone: 472-0600, Fax: 472-0620
Planning Commission Date:
City Council Date:
Site Visit Scheduled:
Application Fee: $50.00
Case No. ~--0 ~]
Zoning Sheet Completed:
Copy to City Planner:
Copy to Public Works:
Copy to City
Please type or print the following information:
Address of Subject Property
Owner's Name 305C~h ~ ~01b~'J~ ~$;~it)~C~n Day Phone
Owner's Address '725 5u, t sct ou-d
Applicant's Name (if other than owner)
.ddress 5a~d
Day Phone
~45-2100 C k:,~-t)
g .SC P ON:
Block
Addition ~OUD~
Zoning District
PID No.
Use of Property:
IZl- 1{7-24 4l 00~
Has an application ever been made for zoning, variance, conditional use
permit, or other zoning procedure for this property? ( ) yes, (~) no. If
yes, list ~ate(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.): ~ ' ~ 2~' 0i1~ ~0 ~'~ +~C ~-~
4/93
Variance Application
Page 2
Case No. ~.~--~_~I
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
requested
(or existing)
VARIANCE
Front Yard: ( N S E W )
Rear Yard: ( N S E W )
Lake Front: (N S~i)
Side Yard: ( N S )
Side Yard: ( N S )
Street Frontage:
Lot Size:
Hardcover:
ft. ft. ft.
ft. ft. ft.
ft. ft. ft.
ft. 5-~ ft. , ~ ft.
ft. ft. ft.
ft. ft. ft.
sq ft sq ft sq ft
sq ft ~i~5 sq ft l~0 sq ft
Does the present use of the property conform to all regulations for the
zoning district in which it is located? Yes (X), No ( ). If no,
specify eachnon-conforminguse:
Which unique physical characteristics of the subject property prevent
its reasonable use for any of the uses permitted in that zoning
district?
(~) too narrow
( ) too small
( ) too shallow
( ) topography ( ) soil
( ) drainage (~) existing
( ) shape ( ) other: specify
Please describe:
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 (X)- If yes, explain
! I i, i I, I~ I I
4/93
Variance Application
Page 3
Case NO.
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 (), No Q<). 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.
[m · i, I l, i~ I
GENERAl, ZONING LNFOI~L~IATION SILEE'F
Survey on file? yes
Required Lot Width:
Existing L~t Width
no Date of survey. Lot of Record? yes no__ ?
(front&ge on an £mproved l~blic itreet}
, Depth
FRONT
FRONT
SIDE:
SIDE:
I~EAR:
/.AJ~SHOI~:
BXXBTXNG
FRONT
FRONT
$XDEi
SlDlt
· RONT
FRONT
SIDE:
SIDEr
PEARs
SO' tree&lured from O,fl,W,!
FRONT: N S I M
FRONT: N S E W
SIDE: N S E M
SIDE: N S I M
REAR= S S I
ACCKSSOR¥ BUILDING
Il THIS PROPERTY CONFOP~qIk~? YES
I¥:
?
WILL, TJ~ PROPOSED ZPLi:'RO~NTS CONIPOPJ4? YES
EL~ RD
V
(;
,~Q (
(s)
(?) f!
PROPOSED RESOLUTION #93-
RESOLUTION TO APPROVE A VARIANCE TO IMPERVIOUS LOT COVER, AND
TO RECOGNIZE NONCONFORMING
SIDE YARD SETBACKS TO THE PRINCIPAL DWELLING AND
A NONCONFORMING SHED TO ALLOW CONSTRUCTION
OF A CONFORMING ADDITION AT 3054 BRIGHTON COMMONS,
LOT 23 AND THE NORTH 1/2 OF LOT 22, BLOCK 15, ARDEN, AND
TP~%CT D, RLS 1149, PID #24-117-24 43 0092
P&Z CASE NUMBER 93-032
WHEREAS, the applicants, Robert and Judith Hutchins, have
applied for a variance to impervious lot coverage and recognition
of existing nonconforming setbacks to allow construction of a
addition onto the principal structure, and;
WHEREAS, the total proposed hardcover is 2,536 square feet
resulting in a variance of 18% or 388 square feet, and;
WHEREAS, the existing~~red~ have 10 foot side yard
setbacks and therefore recognition of a ~' variance to the north
~~-~c to the south is requested, and;
WHEREAS, the house setbacks were conforming at one time, but
a portion of the property was sold to the parcel to the south which
created a new lot line therefore changing ~he lot of record status
resulting in a required 10 foot side yard setback, and;
WHEREAS, the parcel across the street at the lake contains a
nonconforming shed which requires a 50 foot setback from the
ordinary high water. When the shed was constructed it was in
compliance with City Code provisions; the Shoreland Management
Ordinance had not yet been adopted, and;
WHEREAS, the shed is of sound construction and is used to
house a generator which provides power to raise their boat lift,
and;
WHEREAS, the subject property is located within the R-lA
Single Family Residential Zoning District which according to City
Code requires a lot area of 6,000 square feet, a 20 foot front yard
setback, 6 foot side yard setbacks for "Lots of record," and a 15
foot rear yard setback, and;
Proposed Resolution
Page 2
Case #93-032
WHEREAS, the Planning Commission has reviewed the request and
unanimously recommended approval of the variance as requested,
inclusive of the following Finding of Facts: It is reasonable to
expect the ability of having power on the lakeside parcel and it is
impractical to deliver power by any conventional means; the
presence of the shed provides the appearance of private property;
and the shed was recently constructed, was conforming at that time,
and was constructed with the knowledge of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Mound, Minnesota, as follows:
The City does hereby approve the following variances to allow
construction of an addition:
Required
Existing/
~roposed
Variance
Side
North
10' 8' ~,
Side South 10' , ~' ,
Shed to O.H.W. 50' -~7~ 46'
The City Council authorizes the alterations set forth below,
pursuant to Section 350:420, Subdivision $ 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 18' x 18' one story family room
addition.
This variance is granted for the following legally described
property:
Lot 23 and the North 1/2 of Lot 22, Block 15, Arden; and
Tract D, Registered Land Survey Number 1149.
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.
Proposed Resolution
Page 3
Case ~93-032
e
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
JULY 12, 1993
Case ,q93-0321 Robert and Judith Hutchins, 3054 Brighton Commons, N
1/2 of Lot 22 and 23, Block 15, Arden, and Tract D, RLS 1149, PID//24
!17-24 43 0092, VARIANCE FOR ADDITION
Building Official, Jon Sutherland, reviewed the applicant's request
for a variance to the impervious surface requirements of 388 square
feet, or 18%, and a north side yard setback variance of 2 feet to
the required 10 foot setback to construct a family room addition.
Jon pointed out that the house setback was conforming at one time,
but a portion of the property was sold to the parcel to the south
which created a new lot line therefore changing the lot of record
status. The sale of that portion of property did not go through
the subdivision process, and this was discussed with Mr. Koegler,
City Planner, who stated that this is behind us now and a
subdivision would not be required at this point. Due to the
splitting of this lot, both parcels lost their lot of record
status, therefore, the side setback went from an 8 foot to a l0
foot requirement.
A portion of the parcel is across the street and is private
lakeshore, staff has calculated both portions on the hardcover
worksheet. A revised survey was distributed to the Commission
showing the existing 8' x 8' shed on the lakeside parcel.
The lot area of the lakeshore parcel, Tract D, has been verified to
be by the surveyor. A revised survey showing the lot area and
lakeshore (O.H.W.) of the lakeside parcel was to be submitted
today, however, was not received.
The shed is now 9onconforming and recognition or removal of this
structure is an issue. When the shed was constructed it was in
compliance with City Code provisions; the Shoreland Management
Ordinance had not yet been adopted. Any decisions regarding this
shed will set a precedence for staff recommendations on future
cases. The shed is approximately 8' x 8' has 72 square feet in
roof area and is not attached to the ground.
9
Planning Commission Minutes July 12, 1993
The elevations of the house were verified by a surveyor to be in
compliance. The proposed family room is to be constructed over an
existing patio that is 144 square feet and therefore the actual
increase in hardcover is only 180 square feet.
Staff recommended the Planning Commission recommend approval of the
variance request with the condition that the shed be moved to a
conforming location on the property.
Mueller clarified that the shed is used to house a generator to
operate their boat lift. The applicants stated that they have
investigated other options to get power to their shoreline,
however, to install lines across Brighton Commons would require an
easement and the cost is extraordinary. Staff raised the fact that
a conforming lock box could be constructed to house the generator
according to the new Shoreland Management Ordinance, Section
350:125 b.
The applicants also stated that the shed helps give their lakeside
property the appearance of private property; they have had problems
with the public believing their shoreline to be commons.
The Planning Commission discussed the uniqueness of the property in
having a separate parcel at the lakeside and the need for a shed to
protect the generator. It was suggested that a precedence for all
sheds would not be established because of the uniqueness of this
property.
Michael questioned the hardship. Clapsaddle suggested that
practical difficulty exists due to the generator and the fact that
the property is so unusual. Johnson commented that it is
impractical to provide power to the shoreline because of the layout
of the land, and there is a practical difficulty that the presence
of the shed helps keep people off their private property.
Mueller questioned why the shed should be required to be removed
when it is of sound construction and was conforming when it was
built? The only reason it is nonconforming is because the rules
were changed.
Weiland noted that there is no concrete slab foundation for the
shed and he would like the shed recognized as a temporary
structure. It was discussed that since the shed is not a
substantial structure it will eventually go away.
The side yard setback from the house to the south property line was
questioned by Mueller. It was suggested that the applicant verify
this setback with a surveyor and if it is nonconforming it should
be recognized.
10
Planning Commission Minutes
July 12, 1993
MOTION made by Clapsaddle, to recommend approval of the
variance as recommended by staff with the exception that
the shed be allowed to remain and the setback to the
south side property line from the house be verified and
if the setback is nonconforming it be recognized as well.
Findings of fact for the shed include= It is reasonable
to expect the ability of having power on the lakeside
parcel and it is impractical to deliver power, by any
conventional means; the presence of the shed provides the
appearance of private property; and the shed was recently
constructed, was conforming at that time, and was
constructed with the knowledge of the City. Motion
seconded by Hanus. Motion carried unanimously.
This case will be heard by the City Council on July 27, 1993.
ns 5
CITY of MOUND
534! MAYWOOD
MOUND MINNESOTA
612i 472
FAX (612,472
STAFF REPORT
DATE:
TO:
FROM;
SUBJECT:
APPLICANT:
Planning Commission Agenda of July 12, 1993
Planning Commission, Applicant and Staff
Jon Sutherland, Building Official \(~'
Variance Request
Robert and Judith Hutchins
CASE NO.
LOCATION:
ZONING:
93-032
3054 Brighton Commons, N 1/2 of Lot 2A and 23, Block 15,
Arden, and Tract D, RLS 1149, PID $24-117-24 43 0092
R-lA Single Family Residential
BACKGROUND
The applicants are seeking a variance to impervious surface requirements of 388
square feet, or 18%, and a north side yard setback variance of 2 feet to the
required 10 foot setback to construct a family room addition.
This property is unique due to the fact that a portion of the parcel is across
the street and is private lakeshore. Staff has calculated both portions on the
hardcover worksheet. The lot area of the lakeshore parcel, Tract D, has been
verified by the surveyor (a revised survey will be submitted). Additional survey
work is required due to the fact that the proposed elevations show the garage
floor elevation at 932.8, the current minimum building elevation is 933 for Lake
Minnetonka.
Not shown on the survey, but existing on Tract D is a nonconforming detached
accessory structure used for storage. This structure is less than 120 square
feet and when constructed was in compliance with City Code provisions as the
Shoreland Management Ordinance had not yet been adopted. Recognition or removal
of this structure is now an issue. Any decisions regarding this will set a
precedence for staff recommendations on future cases. The shed is approximately
8' x 8', has 72 square feet in roof area and is not attached to the ground.
The proposed family room is to be constructed over an existing patio that is 144
square feet and therefore the actual increase in hardcover is only 180 square
feet.
RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the variance
request with the condition that the shed be moved to a conforming location on the
property.
This case will be heard by the City Council on July 27, 1993.
printed on recycled paper
4/93
VARIANCE APPLICATION
CITY OF MOUND
5341 Ma~ood Road, Mound, HN 55364
Phone: 472-0600, Fax: 472-0620
Planning Commission Date: July 12, 1993
City Council Date: July 27, 1993
Site Visit Scheduled:
Zoning Sheet Completed:
Copy to City Planner:
Application Fee: $50.00
Case No. q~O~Z
Copy to Public Works: , ~-Z~-fl'~ ~?/~5 ~,-~5 '~ i -
to - ,, *
Please t~e or print the following information:
Address of Subject Property. 3054 Brighton Co~ons, Mo~d ~ 55364
Owner's Name Robert ~udi th Hutchins Day Phone 937-4573/473-2352
Owner's Address ~54 Brighton Co~ons, ~d ~ 55364
Applicant's Name (if other than owner) N/A
Address Day Phone
LEGAL DESCRIPTION:
Lot The North 1/2 of Lot 22 and Lot 23,
Tract D, Registered Land Survey No. 1149
Addition
PID No.
Block 15, Arden
24-117-24 43 0092
Zoning District
Use of Property: Residential
Has an application ever been made for zoning, variance, conditional use
permit, or other zoning procedure for this property? ( ) yes, (X) no. If
yes, list date(s) of application, action taken, resolution number(s) and
provide copies of resolutions.
Detailed descripton of proposed construction or alteration (size, number
of stories, type of use, etc.): 18 x 18 Family Room, one story, over space
currently occupied by 12 x 12 patio~ in rear of house.
4/93
Variance Appl£cat£on
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
(X), No (). If no, specify each non-conforming use (describe reason
for variance request, i.e. setback, lot area, etc.)
SETBACKS:
required requested VARIANCE
(or existing)
Front Yard: ( N S E W )
Rear Yard: ( N S E W )
Lake Front: ( N S ~ W )
Side Yard: ( N S E ~ )
Side Yard: ( ~ S E W )
Street Frontage:-
Lot Size:
Hardcover:
20 ft. 30 ft. ft.
15 ft. 15 ft. ft.
ft. ft. ft.
8 ft. 8 ft. Ba2~ ft.
8 ft. 12 ft. ft.
ft. ft. ft.
6000 sq ft 6000 sq ft sq ft
1800 sq ft 2464 sq ft sq ft
all except ~ tt covered now
Does the present use of the property conform to all regulations for the
zoning district in which it is located? Yes ( ), No (x)' If
specify each non-conforming use: Coverage law has chanKed to 30 percenty
coverage of property without addition is 2,284. Coverage with addition would
be 2464 square feet.
Which unique physical characteristics of the subject property prevent
its reasonable use for any of the uses permitted in that zoning
district?
( ) too narrow
(XX) too small
( ) too shallow
( ) topography ( ) soil
( ~ drainage ( ) existing
( i shape ~X) other: specify
Please describe: water table is.too high for home ~o hove m b~.~ement. Commnn.~
1And adjacent to hous~ and lakeshorm. T,~I-,~ of ~rmen o~n ~narm addition wn~ld
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 (X). If yes, explain
Variance Appl£¢at£on
Page 3
Case No.
6. Was the hardship created by any other man-made change,
relocation of a road? Yes (X), No (). If yes, explain
in affect after the house was built.
such as the
New Total
7. 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?_ We have one
of the bigger yards in our neighborhood the water table has made it that the houses
- behind have basemencs buc none of the huu~e~ i~ uu~. -~.uu~ ,~,.~.~ ........ e
current 30 percent hardcover rule, we would all be over.
Comments: We have three children 6, 2 and 4 months. We have no basement and
with the three children we are finding that we do not have enough space in our kitchen
to put a table in so we can all eat together. The plan is to change the current family
room to a dining room area and then add on a 18 x 18 family room. We currently eat~
around a counter which there is only room for three people comfortably. We would
appreciate your consideration for this variance as we would like to continue to
live in Mound, but cannot afford to buy a bigger house at this time.
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. ~ ,
HARDCOVER CALCULATIONS
ADDRESS 3054 BRIGHTON CO}glONS MOUND MN 55364
NAME ROBERT AND JUDITH HIYlL~INS
EXISTING LOT AREA 6000
DOES NOT INCLUDE LAKE LOT
EXISTING LOT AREA
HOUSE:
LENGTH
SQ FF X 30%
SQ Frx 15%
WIDTH
X
X
X
TOTAL HOUSE ...........
1800 I
I
sQ FT
= 936
936
448
GARAGE:
21.2 X 21.1 =
X =
TOTAL GARAGE ..........
DRIVEWAY:
22 X 30 =
X =
TOTAL DRIVEWAY .........
DBCK:
14.3 X 13.4 =
X =
TOTAL DECK ...........
TOTAL DECK @ $0% ........
OTHER: Proposed
F~lyR~
18 X 18 =
X =
TOTAL OTHER ...........
MEETS LOT COVERAGE REQUIREMENTS?
BY Rnh~rt H'.t c'h'~ ng
I
DATE
448
660
660
192
192
96
324
324
464 I
YES X NO
I I
CITY OF MOUND
HARDCOVER CALCULATIONS
NAME:
ADDRESS:
EXISTING LOT AREA
"T'C~'/~'[... LOT AREA
SQFT X'~% = ~_/lZr~
HOUSE:
LENGTH
WIDTH
GARAGE:
TOTAL HOUSE
t t t t t t t t t t t t t t t t t t t
X =
X
DRIVEWAY:
TOTAL GARAGE ******************
X =
X =
TOTAL DRIVEWAY *****************
DECK:
(if impervious
surface under
deck = 100%)
TOTAL DECK
OTHER:
TOTAL DECK @ 50%******'~********
X
X _-
TOTAL OTHER **********,,********
TOTAL PROPOSEDHARDCOVER *******************
UNDER (OVER) *****************************
MEETS LOT C.OVERAGE REQUIREMENTS * * * ,. * * * * * * , , . ,
BY: ~ S' DATE:
, YES_z~_NO
Certificate of Survey
for Pa'u! Host
of Lots 22 and 23, Block 15, ARDEN
Hennepirl County, Minnesota
I hereby certify that this is a true and correct representation of
a survey of the boundaries of Lots 22 and 23, Block 15, ARDEN, and
the proposed location of a proposed house thereon. It' does not put'-
port to show any other improvements or' erlcr'oachments.
>caie 1" = 30'
Da:e : 4-12-88
o : Iron markeF
~.~¢j,.,, ; '. Spot elevation
COFFIN & ~RONBERG, INC.
Mark. S. ~ront)er~ LF¢. No. 12'7-5-5----
Engine,.ers, Land Surveyors, Piar~ners
Long Lake, Minnesota
~~ ~ /
0 ·
q "[[ BRIGHTON COMMON
z
,,, ~8
7-12-93
Mr. Robert Hutchins
3045 Brighton Commons
Mound, MN 55364
Dear Bob:
On July 9, 1993 we shot some elevations on your existing house
in Lots 22 and 23, Block 15, ARDEN, and found them to be as
follows:
Lowest Floor
Garage Floor
Top of Fndtn
934.5
933.75
934.9~ Siding cover~ blocks so
this could vary a little.
If you have any questions, please call.
Sincerely,
COFFIN & GRONBERG, INC.
Mark S. Gronberg
i I 1, I I, ~ I I
]
t
4~.r~
FAMILY ROOM
c" .... '~-J
-- -,L- _ :
LIVING ROOM
3
FIRST FLOOR PLAN
SCALE 1/4'= 1'-O
',%
I. O,t
.I
FAMILY ROOM
~1_ I0
--1I. 1(,,311
! I 1, i I, ~ I I
ADDRESS:
Survey on file? yes no Date of survey ·
Re~lred ~t ~idth: (frontage off
Existing ~t ~idth ~ Depth
FRONTs R · B If
· IDiOt # S s, If
LA~SHOR,E j
P'RON?: N · ·
FRO~ ~ N $ · If
SID~'f # · B If
I~AJt: # · ·
ACCESSORY BUXLDXN~
FROHT: · $ · W
SIDEr N S t
LA~ S HO#:
ACCESSORY BUILDI N~
I5 1~411PROPERTY C~NrOP. J4ING1' YES
BY:
NO 1'
MILL THI;PROPOSED II4PROV~N·NT· CONPOPJ47 yu'· RO e "
~.BI 'RL~....r.':'N'"T:"I'.. 1~4 .,~,r '-s..t~L
¢'47) ']
?
/
BILLS
July 27, 1993
BATCH 3072
TOTAL BILLS
$118,653.74
$118,653.74
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i I 1, i I, ti I I
RESOLUTION NO. 93-
RESOLUTION DIRECTING THE CITY OF MOUND STAFF
TO EXPLORE THE FEASIBILITY OF SHARING
A PUBLIC WORKS OUTDOOR STORAGE AREA
WITH THE CITY OF MINNETRISTA
WHEREAS, the City of Mound has been actively seeking an
alternative site to the existing Lost Lake site for Public Works
outdoor storage; and
WHEREAS, many sites have been studied throughout the past
several years; and
WHEREAS, none of the sites studied resulted in a
relocation of the Public Works outdoor storage; and
WHEREAS, recently the City of Mound contacted the City of
Minnetrista to discuss the possibility of sharing a Public Works
outdoor storage site; and
WHEREAS, those discussions have led to an understanding
whereby the City of Mound and the City of Minnetrista would jointly
pursue exploring the feasibility of a Public Works outdoor storage
area to be located on City of Minnetrista property; and
WHEREAS, this Public Works outdoor storage area is
located to the rear of the existing City of Minnetrista City Hall
and Public Works building; and
WHEREAS, the City of Minnetrista and the City of Mound
have already agreed to work on a study to cooperatively deliver
services with other cities around Lake Minnetonka utilizing the
Metropolitan Council for technical assistance; and
WHEREAS, exploring the feasibility of a joint Public
Works outdoor storage area fits within the concept of the project
currently underway with other Lake Minnetonka cities including the
City of Minnetrista and the City of Mound; and
WHEREAS, the feasibility study would be conducted
simultaneously with the other project; and
WHEREAS, a number of issues will be analyzed within the
Public Works outdoor storage feasibility study including, but not
limited to the following: site design, joint purchasing of
materials, sharing of equipment, stormwater management,
engineering, administrative and legal issues, etc.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the
City of Mound, Minnesota, that it directs the City of Mound staff
to undertake a feasibility study in conjunction with the City of
Minnetrista.
BE IT FURTHER RESOLVED, that the City Council authorizes
the expenditures for engineering, legal and administrative costs
associated with the feasibility study.
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Mayor
Attest: city Clerk
,-41
,'-¢
'4'
!
Z
O 0 O0 0 O0 0 ~ ~ O0 0
CITY OF MOUND
1993 BUDGET REVENUE REPORT
JUNE 1993
50.00%
GENERAL FUND
JUNE 1993 YTD
BUDGET REVENUE REVENUE
Taxes 1,21 7,590 0 0
Business Licenses 3,260 1,085 10,004
Non-Business
Licenses and
Permits 69,500 1 O, 113 29,737
Intergovernmental 860,500 5,000 35,140
Charges for
Services 48,750 1,122 5,482
Court Fines 65,000 6,018 24,972
Other Revenue 58,500 17,293 19,505
Charges to Other
Departments 12,390 1,216 7,947
PER CENT
VARIANCE RECEIVED
(1,21 7,590) 0.00%
6,744 306.87%
(39,763) 42.79%
(825,360) 4.08%
(43,268) 11.25%
(40,028) 38.42%
(38,995) 33.34%
(4,443) 64.14%
TOTAL REVENUE
2,335,490 41,847 132 787 {2,202,703) 5.69%
FIRE FUND
RECYCLING FUND
LIQUOR FUND
WATER FUND
SEWER FUND
CEMETERY FUND
DOCKS FUND
244,200 23,225 148,032 (96,168) 60.62%
113,550 31,235 61,449 (52,101) 54.12%
1,200,000 119,366 607,756 (592,244) 50.65%
350,000 34,614 157,528 (192,472) 45.01%
650,000 46,615 321,287 (328,713) 49.43%
4,200 455 3,275 (925) 77.98%
73,280 155 69,776 (3,504) 95.22%
07/16/93
rev-93
G.B.
I I 1, I I, E I I
CITY OF MOUND
1993 BUDGET EXPENDITURES REPORT
JUNE 1993
50.00%
JUNE 1993
BUDGET EXPENSE
GENERAL FUND
Council 57,500 1,587
Promotions 2,000 4,754
Cable TV 1,380 0
City Manager/Clerk 170,380 12,592
Elections 2,140 36
Assessing 46,550 19
Finance 145,900 11,273
Computer 24,000 2,850
Legal 79,000 4,039
Police 779,200 50, 818
Civil Defense 4,000 22
Planning/Inspections 138,440 9,279
Streets 406,750 18,109
Shop & Stores 17,100 857
City Property 97,160 3,637
Parks 174,340 11,062
Summer Recreation 33,100 0
Contingencies 10,000 32
Transfers 136,840 10,243
Y'rD PER CENT
EXPENSE VARIANCE EXPENDED
29,528
5,640
572
82,123
2,O45
314
70,526
17 329
37 773
361 921
1 251
59 684
167 880
2 035
47 767
88,249
0
1,090
61,460
6
41
417
2
78
238
27,972
(3,640)
808
88,257
95
46 236
75 374
671
227
279
749
756
870
15,065
49,393
86,091
33,100
8,910
75,380
51.35%
282.00%
41.45%
48.2O%
95.56%
0.67%
48.34%
72.20%
47.81%
46.45%
31.28%
43.11%
41.27%
11.90%
49.16%
50.62%
0.00%
10.90%
44.91%
GENERAL FUND TOTAL 2 325 780 141,209 1,037,187 1,288,593 44.60%
Area Fire
Service Fund 244,200 21,517 133,104 111,096 54.51%
Recycling Fund 99,350 9,832 68,614 30,736 69.06%
Liquor Fund 194,620 18,611 103,031 91,589 52.94%
Water Fund 358,190 25,685 175,732 182,458 49.06%
Sewer Fund 761,350 101,342 428,637 332,713 56.30%
Cemetery Fund 4,790 452 2,084 2,706 43.51%
Docks Fund 55,440 9,405 26,609 28,831 48.00%
exp-93
07/16/93
G.B.
BOARD MEMBERS
David H. Cochran, Chair
Greenwood
Tom Penn, Vice Chair
Tonka Bay
Douglas E. Babcock, Secretary
Spring Park
Scott Carlson, Treasurer
Minnetrista
Mike Bloom
Minnetonka Beach
Albert (Bert) Foster
Deephaven
James N. Grathwol
Excelsior
JoEIlen L. Hurr
Orono
William A. Johnstone
Minnetonka
Duane Markus
Wayzata
George C. Owen
Victoria
Robert Rascop
Shorewood
Tom Reese
Mound
Robert E. SIocum
Woodland
LAKE MINNETONKA CONSERVATION DISTRICT
900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEPHONE 612/473-7033
EUGENE R. STROMMEN, EXECUTIVE DIRECTOR
REC'D JUL 2 ! Lq83
YOU AND YOUR GUEST ARE INVITED
TO PARTICIPATE IN THE
PUBLIC OFFICIALS LAKE TOUR AND LUNCHEON
SATURDAY, AUGUST 7, 1993
ON
LAKE MINNETONKA
HOSTED BY THE
LAKE MINNETONKA CONSERVATION DISTRICT
All Aboard at 11:00 AM
Return to Port at 2:00 PM
at the
LAFAYETTE CLUB DOCK
2800 Northview Road, Minnetonka Beach
(please observe designated parking areas)
Please RSVP by Friday, July 30,
including guest's name, 473-7033
il l, i I, II I I
JUL ! 1993
The Lake Minnetonka Conservation District Board of Directors
announces the following MINIMUM WAKE RESTRICTION for Lake
Minnetonka effective as of July 17, 1993:
MINIMUM WAKE REQUIRED
DURING THIS DECLARED
HIGH WATER EMERGENCY
Minimum Wake Required 600 feet distance from shore and in the
following named bays: * Emerald Lake
* Libb's Lake
* Seton Lake
Echo Bay
* Bay St. Louis
* Black Lake
* Coffee Cove
* Big Island Passage
Robinson's Bay
Tanager Lake
Forest Lake
Veteran's Bay
* Carson's Bay
* Excelsior Bay
Old Channel Bay
Smithtown Bay
Priest's Bay
St. Alban's Bay
** Gray's Bay
Stubb's Bay
Harrison's Bay
Carman's Bay
Jenning's Bay
Smith's Bay
"Minimum Wake" means the wave moving out from a watercraft
and trailing behind in a widening "V" of insufficient size to
affect other watercraft or be detrimental to the shoreline.
VIOLATION IS SUBJECT TO
HENNEPIN COUNTY SHERIFF WATER PATROL CITATION
Your proper boat operation to preserve the shoreline of Lake
Minnetonka from further erosion and water pollution due in
large measure to boat wakes will be beneficial to all.
This Minimum Wake regulation will remain in effect until the
LMCD executive director determines that the Lake Minnetonka
lake level has been lowered to 929.8' mean sea level and so
publically announces.
THANK YOU!
* These bays are long-standing "Minimum Wake" areas
** This bay is a long-standing "Minimum Wake" area on
weekends
I
I I ~, ! I,, ~ I I
You Are Invited
To loin Other £1ec~ed Officials From Suburban Hennepin County
for a
SUMMER BARBECUE and DISCUSSION
at the home of
Hennepin County Commissioner
EMILY ANNE STAPLES
1640 Xanthus Lane, Plymouth
July 25 5:00 PM
August 4 6:30 PM
August 17 6:30 PM
Please RSVP for I of these 3 dates by calling 473-9120
II ~, I I, Iii I I
~ ~' 14600 Minnetonka Boulevard ,,~----~~
~ED~)w Minnetonka, Minnesota 55345-1597
office: (612) 939-8320 fax: (612) 939-8244 LAKE MINNETONKA
DISTRICT COORDINATOR: Ellen B. Klanderman R~ JUL ~ 2 1993
/
BOARD OF MANAGERS: C. Woodrow Love · John E. Thomas · Clarkson Lindley
Thomas Maple, Jr.. Thomas W, LaBounty · Martha S. Hartfid · Pamela' G, Blixt
Press Release
Shoreline Owners Protected by New Rule
For Immediate Release
July 19, 1993
With Minnesota's recordbreaking rainfall this year, people owning lakeshore property
are likely to consider repairing their eroded beaches and banks.
Shoreline improvement is especially likely in the large Minnehaha Creek Watershed
District, which contains Lake Minnetonka and 108 other lakes. However, in the past few
years the District noticed a rash of incompetent work from "fly-by-night" contractors, said
vice president Woody Love. "We had a bunch of inexperienced contractors going door to
door peddling cheap, ineffective work," like retaining walls that collapsed later.
In response, the District passed the enforceable "Rule M" this February, which
requires contractors to be licensed, insured, and bonded with the District before making
shoreline improvements.
Clarkson Lindley, a District board member who lives on Lake Minnetonka, explained,
"The boundary between the lake and land is a very difficult area to work in because of
varying water levels, waves, wind, snow, ice, and other forces of nature that meet there. It is
hard to work in a wet, amphibious environment and many contractors do not understand the
Shoreline Owners
--Cont.-- Page 1
forces involved." He believes his own erosion control project was a success because his
contractor could knowledgeably address conditions ranging from bluffs to shallow shore.
A lawyer by trade, Clarkson described other concerns with unlicensed contractors.
"We have had problems where the contractor has not verified the property boundary and
ended up doing work on the neighbor's property. There are also restricted areas such as
channels, bays, and sanctuaries, and we found that too often unlicensed contractors did not
know about them."
By requiring a license, the District is pressing contractors to understand not only
District rules but also the myriad of regulations from organizations like the Minnesota
Department of Natural Resources, the U.S. Army Corps of Engineers, the Lake Minnetonka
Conservation District, and municipalities. "When we license a contractor, we bestow our
blessing that we believe they can navigate through the alphabet soup of agencies," said
Clarkson.
Mike Panzer, District engineer, reported that the rule won approval from technical
staff from all 30 District communities, Hennepin and Carver counties, the Hennepin
Conservation District, the Minnesota Pollution Control Agency, and the Minnesota DNR.
"People no longer talk to unscrupulous siding salesmen or seal coating salesmen, but
they still get stuck with shoreline contractors who don't understand what they are doing," said
Clarkson. "Our rules help prevent competent, responsible contractors from being undercut by
the unscrupulous ones."
Shoreline Owners
--Cont.-- Page 2
a · ~, i I, tt I I
Who Is Affected? (see map)
The rule applies to contractors making shoreline improvements within the Minnehaha
Creek Watershed District, which covers 188 square miles in Hennepin and Carver counties.
All or portions of 30 communities are contained in the District: Chanhassen, Deephaven,
Edina, Excelsior, Golden Valley, Greenwood, Hopkins, Independence, Laketown, Long Lake,
Maple Plain, Medina, Minneapolis, Minnetonka, Minnetonka Beach, Minnetrista, Mound,
Orono, Plymouth, Richfield, St. Bonifacius, St. Louis Park, Shorewood, Spring Park, Tonka
Bay, Victoria, Waconia, Watertown, Wayzata, and Woodland.
The District covers a wide band along Minnehaha Creek from upstream of Lake
Minnetonka to the creek's outlet at Minnehaha Falls. Rule M applies to the creek, Lake
Minnetonka, and 108 other lakes. In Hennepin County, these include Calhoun, Cedar,
Christmas, Dutch, Forest, Gleason, Harriet, Isles, Katrina, Langdon, Little Long, Long, and
Nokomis lakes. In Carver County, they include Auburn, Lunsten, Marsh, Minnewashta,
Parley, Schutz, Stieger, Stone, Virginia, Wasserman, and Zumbra lakes. Many smaller lakes
are also covered by the shoreline rule.
For More Information:
Minnehaha Creek Watershed District Mr. Tom Maple, President · 474-4514 (H)
Mr. Woody Love, Vice President · 474-2533 (W)
Wenck Associates, Inc. (Consulting Environmental Engineering Firm) Mr. Mike Panzer, District Engineer · 479-4207 (W)
Mr. Pat Mulloy, District Lake Specialist · 479-4208 (W)
Shoreline Owners
--End--
Page 3
! i l, i I, I[ I I
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
JULY 12, 1993
Those present were: Chair Bill Meyer, Commissioners Geoff Michael,
Michael Mueller, Frank Weiland, Jerry Clapsaddle, Mark Hanus, and
Brian Johnson, City Council Representative Liz Jensen, Building
Official Jon Sutherland and Secretary Peggy James. Bill Voss was
absent and excused.
The following people were also in attendance: Tom Taylor, Jean
Sween, Richard Sollie, Kathleen Spaulding, Shannon Piper, Tim
Lovaasen, Joyce Lovaasen, Betsy Brady, Wende Brady, Mr. Rasmussen,
Kim Rasmussen, Judy Hutchins, Robert Hutchins, Joyce Nelson, Marv
Nelson, Gene Bristol, Jeanne Bristol, Rosemary DeGuise, Richard
DeGuise, and Jeanne Matzen.
MINUTES
The Planning Commission Minutes of June 28, 1993 were presented for
approval. Two changes were noted:
1. Page 3, 3rd paragraph should read July 23, 1993.
Page 5, 3rd paragraph should read, "Jensen commented, that as
a landlord, this proposed ordinance would not have hurt her."
Jensen is no longer a landlord.
MOTION made by Hanus, seconded By Mueller, to approve the
Planning Commission Minutes of June 28, 1993 as written.
Motion carried unanimously.
.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 FOR ADDITION,
Building Official, Jon Sutherland, explained that this case has
previously been reviewed by the Commission and the applicant has
now returned with a clarified request. All the facts in the
request for an entryway and second story addition are essentially
unchanged with the exception of the setback being requested to
Baywood Shores Drive. The actual setback variance now being
requested is 6.8 feet, the previous request was 7.5'.
The Planning Commission,s original recommendation was for approval
by a 5 to 3 vote citing these findings:
A practical difficulty exists due to the fact the house was
poorly placed on the corner lot.
Planning Commission Minutes July 12, 1993
The proposed entryway addition will create a more conducively
designed house for the neighborhood.
The city Council action was to deny the request, and a resolution
was prepared by staff and the applicants requested at the following
City Council meeting that the Council refer the case back to the
Planning Commission so they may submit a modified proposal. The
City Council's resolution for denial was included in the packet.
Staff recommended that if the Planning Commission finds the
reduction in the variance request is substantial enough that it may
alter the Council action, then a recommendation for approval should
be made. If it is found that the request is still not adequate as
detailed in the proposed resolution, a recommendation for denial
should be made based on the resolution.
Liz Jensen commented that the Planning Commission needs to look for
additional facts to support a recommendation for approval, or if no
additional facts can be found, then action should be made
accordingly.
Mueller suggested the request be moved forward and he reviewed what
he believes to be practical hardships being: the setback
requirements for corner lots precludes the ability to move the
footprint in different directions, and the placement of the house
is such that it didn't grant the applicant reasonable use of their
property. Mueller compared this request to Resolution 93-019 which
granted a lakeside setback variance for a corner lot. In that case
the house was placed such that it did not allow the deck to be
increased in any direction except towards the street, and even
though there was room to do such without a variance, a variance was
granted. He feels these requests are very similar because they are
in the same neighborhood, both corner lots, and the reason for
granting is due to the placement of a house on a corner lot which
he believes to be a practical difficulty.
Meyer commented that he is in favor of the request, but for
different reasons than Mueller. He feels it is irrelevant to
compare the neighbors deck variance with this request. Mueller
clarified that he did not vote in favor of the neighbors deck
setback variance.
Meyer commented that corner lots do suffer some setback problems in
Mound because of the two street frontage setback requirements.
Normally there is concern about what the improvement will do to the
neighbors or the neighborhood or other peoples views or to the
rules for those who conform, in this case he cannot find anything
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Planning Commission Minutes
July 12, 1993
negative that this would bring to the community, he can only see
positive things.
Weiland commented that he has been trying to find something wrong
with this request, but feels there will be no negative impact; the
addition will not stick out or project in front of other houses,
the house would look very nice with the addition and would improve
property and enhance neighborhood without being obtrusive.
Hanus agrees with Meyer, and feels it is hard to argue that the
addition will not be a marked improvement, but practical difficulty
is a hurdle.
Meyer concluded there are only two houses on Baywood Shores on that
side of the street. Mueller stated that sometimes common sense
should prevail. You cannot write an ordinance for every property
and maybe this is a situation when the ordinance does not directly
apply. This is more important than the strict letter of the code
that was written for a lot of properties and not a specific
property in mind.
Mueller moved a recommendation for approval for the
variance to allow the 6.83 foot setback variance to
Baywood Shores Drive with the following findings of fact:
The 30 foot setback requirement to both streets on
this corner lot makes it difficult to construct a
conducive addition and less than a 30 foot setback
on one of the frontages is reasonable.
The original placement of the house precludes the
ability to add-on in a direction that makes sense
and does not interfere with the enjoyment of the
property.
3. The addition is more conducive to the neighborhood.
0
The addition will be an improvement to the
neighborhood.
Hanus seconded the Motion. Motion carried 6 to 2. Those
in favor were: Meyer, Clapsaddle, Mueller, Weiland,
Jensen, and Hanus. Johnson and Michael voted in the
negative.
Johnson and Michael commented that they feel nothing has changed
from the original request.
This case will be heard by the City Council July 27, 1993.
Planning Commission Minutes July 12, 1993
Case g93-016: Richard and Darlene Sollie, 4936 Glen Elyn Road, Lot 8,
Block 23, Shadywood Point, PID #13-117-24 11 0083. VAR/ANCE FOR
ADDITION,
This case was previously tabled by the Planning Commission. The
applicants have modified their original variance to construct an
entry and attached garage by reducing the amount of hardcover. The
requested setback variances remain the same.
The existing hardcover is at 35.1% and the proposed hardcover is at
38.8% which is a minimal increase for the type of improvement. The
drainage is a concern and will need to be approved by the City
Engineer. The applicant proposed the bituminous driveway to drain
towards the street and the house gutters to drain towards the lake.
Staff recommended approval of the request to recognize existing and
proposed nonconforming setbacks and a variance of 234 square feet,
or 3.7 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.
Hanus confirmed that the applicant has no problem with condition #3
in the staff recommendation regarding the removal of the existing
garage.
The applicant reviewed the hardcover calculations and changes from
the original request, as follows:
Removal of a concrete pad (well room) at the west side of the
house.
2. Removal of the existing garage.
Originally the large deck at the lakeside was calculated at
100%, and is now calculated at 50%.
3. Decreased the size of the driveway.
4
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Planning Commission Minutes
July 12, 1993
4. The entry stairs have been changed from concrete to wood.
The applicant emphasized the hardship for this lot being the slope
and drainage concerns. Both him and his neighbor have water
problems in their basement and he believes his proposal will help
improve the drainage problems. He listed three options to relating
to the drainage concerns: 1) continue to drain water down towards
the house, 2) drain towards the street, or 3) install some type of
tiling to direct runoff. He further stated that the property needs
to be redeveloped and in order to do so they need some lee-way.
Mueller confirmed with the applicant that the proposed improvements
will positively affect the neighbors drainage concerns. The
Building Official commented that the applicant will need to provide
more information to ensure that the drainage will work.
Neighbor, Rosemary DeGuise restated her concerns as expressed at
the May 10, 1993 Planning Commission Meeting, including drainage
concerns and the fact that the survey is incorrect. Meyer reviewed
the motion made by the Planning Commission that the applicant was
to try and resolve the issue relating to the accuracy of the
survey. Staff reiterated that the applicant has submitted a survey
completed by a registered land survey and it would be the neighbors
responsibility to obtain an additional survey to verify there are
inaccuracies. It was noted that if evidence is received which
verifies the applicant's survey is incorrect it will change all the
setbacks, then the request would be brought back to the Planning
Commission and Council for review.
Mueller questioned the accuracy of the hardcover calculations, and
questioned the required setback to the stairway at the side of the
house, it is his understanding that the stairs should be setback 2
feet from the side property line. The Building Official understood
the stairway could be located up to the property line. It was
noted that there is 5.3' between the house and property line and if
the stairway is only 3' wide will comply to a 2' setback.
The setback variances being requested as outlined in the staff
report were confirmed and corrected by the Planning Commission, as
follows:
SIDE EAST .7'
SIDE WEST 1.6'
LAKESIDE O.H.W. 1.0'
Since there is only a .7' setback variance proposed at the east
side to the proposed garage, it was suggested that the proposed
garage be scaled back to allow for a conforming setback.
Planning Con~nission Minutes July 12, 1993
MOTION made by Hanus to recommend approval of the
variance request as recommended by staff, including the
following conditions:
The final grading plan be reviewed and
approved prior to building permit issuance by
the City Engineer and Building Official.
A drainage plan for the property, specifically
at the east side of the dwelling, should be
reviewed and approved by staff.
All 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.
All setbacks be conforming on the east side of
the property, including the setback to the
addition.
Compliance to condition #1 is stressed. Michael seconded
the motion. Motion carried ? to 1. Those in favor were:
Meyer, Clapsaddle, Johnson, Weiland, Jensen, Hanus, and
Michael. Mueller was opposed.
Mueller commented that his reason for not approving is that he
feels there is too much house proposed for the lot.
This case will be heard by the City Council July 27, 1993.
Case ~g93-030; Jack and Elly Pieper, 4872 Brunswick Road, Lots 7 - 11,
Block 23, Wychwood, PID//24-117-24 41 0196. MINOR SUBDIVISION
AND VARIANCE,
Building Official, Jon Sutherland, reviewed the applicant's request
for a minor subdivision to create two lots, both of which will be
conforming to lot area provisions of the code. The R-iA zone
requires a minimum of 6,000 square feet, Parcel A, with the
existing dwelling, is proposed to be 9,740 square feet, and Parcel
B is proposed to be 6,505 square feet.
Two variances also need to be recognized on the proposed Parcel A
for setbacks to the existing house. This subdivision, if approved,
will create a non-lot of record status resulting in the following
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Planning Commission Minutes
July 12, 1993
setbacks and variances:
Existing/
Required Proposed Variance
Side Yard West 20' 18.5' 1.5'
Side Yard East 10' 5.8' 4.2'
The hardcover shown by the proposed footprint on Parcel B is
approximate and at the maximum 30 percent. An exact footprint and
drainage plan must be provided at the time of building permit
application and any proposal must be conforming to all provisions
of the City Code.
The City Engineer's review is incorporated into staff's recommenda-
tion. Staff recommended approval of the minor subdivision and
variances subject to the following:
The sanitary sewer and water service locations
availability should be verified with Public Works.
and
This combination of five lots was only assessed one unit
charge when the streets were reconstructed in 1979. With this
proposed subdivision creating an additional building parcel,
a deficient unit charge of $1,768.45 should be collected.
The elevations of the property appear to be suitable for
construction of another single family home. Final approval of
a grading plan could be delayed until building permit
application.
A cash deposit in the amount of $500.00 should be required to
offset any direct outside City expenses.
Se
A park dedication fee be paid as required by the City Council
of $500.00 per lot being created.
Any future construction on Parcel B shall be conforming to all
provisions of the City Code, including impervious surface, and
special consideration shall be given to correct any drainage
problems onto the adjacent properties from this site.
The applicant expressed a concern regarding the deficient unit
charges. Meyer explained that the Planning Commission does not get
involved in deliberating charges such as these, and any concerns
should be directed to the City Council.
7
Planning Commission Minutes July 12, 1993
The setbacks as outlined in the staff report were corrected by the
Planning Commission as follows:
Existing/
Requ ired Proposed Variance
Side West 20' 19.3' .7'
(MaHbom
SAde East ~) 10' 7.0' 3'
SAde East ~ 6' 5.8' .2'
The issue of park dedication fees was discussed and it was
suggested that since one new lot is being created only one park
dedication fee of $500 should be collected.
MOTION made by Mueller, seconded Clapsaddle to recommend
approval of the minor subdivision as recommended by staff
with the exception that the City Council review the park
dedication fee and if possible charge only one fee, and
delay required payment of the deficient unit charges
until a building permit is issued because there is no
impact on the property until it is built upon. Motion
carried unanimously.
This case will be reviewed by the City Council on July 27, 1993.
Case//93-031: .loseph & Kimberly Rasmussen, 5725 Sunset Road, Part of
Lot 68, Mound Addition, PID //14-117-24 41 0038. VARIANCE FOR
GARAGE.
Building Official, Jon Sutherland, reviewed the applicant's request
for a variance to the impervious surface requirements of the code
in order to construct a new garage. According to the hardcover
calculations this would result in a 50 percent or 3,158.5 square
foot variance. The fact that there is a shared driveway with the
adjacent property compounds the problem of hardcover.
The garage size is reasonable and the policy of the City has been
to promote garages to ease the accumulation of clutter. A
difficulty results in placing a garage on the site due to the
existing layout of the house. The natural placement of the garage
is in the rear and this results in a long driveway and the
excessive amount of hardcover. The only option to minimize the
hardcover is to reduce the size of the garage. As proposed, the
garage is not outside the normal size range.
Staff recommends the Planning Commission recommend approval of the
request for a variance to hardcover in order to construct an
otherwise conforming detached garage. Approval of the request will
allow the applicant more reasonable use of the property. It is
!1 ~, ! I, II] I I
Planning Commission Minutes
July 12, 1993
suggested the following finding of fact be incorporated into the
motion: The construction of a garage is a reasonable use of the
property in that a practical difficulty exists in the fact that
there is no other location available on the site, and the condition
of a shared driveway creates a hardship with respect to hardcover.
MOTION made by Clapsaddle, seconded
recommend approval of the variance as
staff. Motion carried unanimously.
by Jensen to
recommended by
This case will be heard by the City Council on July 27, 1993.
Case//93-032: Robert and Judith Hutchins, 3054 Brighton Commons, N
1/2 of Lot 22 and 23, Block 15, Arden, and Tract D, ~ 1149, PID #24.
117-24 43 0092. VARIANCE FOR ADDITION
Building Official, Jon Sutherland, reviewed the applicant's request
for a variance to the impervious surface requirements of 388 square
feet, or 18%, and a north side yard setback variance of 2 feet to
the required 10 foot setback to construct a family room addition.
Jon pointed out that the house setback was conforming at one time,
but a portion of the property was sold to the parcel to the south
which created a new lot line therefore changing the lot of record
status. The sale of that portion of property did not go through
the subdivision process, and this was discussed with Mr. Koegler,
City Planner, who stated that this is behind us now and a
subdivision would not be required at this point. Due to the
splitting of this lot, both parcels lost their lot of record
status, therefore, the side setback went from an 8 foot to a 10
foot requirement.
A portion of the parcel is across the street and is private
lakeshore, staff has calculated both portions on the hardcover
worksheet. A revised survey was distributed to the Commission
showing the existing 8' x 8' shed on the lakeside parcel.
The lot area of the lakeshore parcel, Tract D, has been verified to
be by the surveyor. A revised survey showing the lot area and
lakeshore (O.H.W.) of the lakeside parcel was to be submitted
today, however, was not received.
The shed is now nonconforming and recognition or removal of this
structure is an issue. When the shed was constructed it was in
compliance with City Code provisions; the Shoreland Management
Ordinance had not yet been adopted. Any decisions regarding this
shed will set a precedence for staff recommendations on future
cases. The shed is approximately 8' x 8', has 72 square feet in
roof area and is not attached to the ground.
Planning Commission Minutes July 12, 1993
The elevations of the house were verified by a surveyor to be in
compliance. The proposed family room is to be constructed over an
existing patio that is 144 square feet and therefore the actual
increase in hardcover is only 180 square feet.
Staff recommended the Planning Commission recommend approval of the
variance request with the condition that the shed be moved to a
conforming location on the property.
Mueller clarified that the shed is used to house a generator to
operate their boat lift. The applicants stated that they have
investigated other options to get power to their shoreline,
however, to install lines across Brighton Commons would require an
easement and the cost is extraordinary. Staff raised the fact that
a conforming lock box could be constructed to house the generator
according to the new Shoreland Management Ordinance, Section
350:125 b.
The applicants also stated that the.shed helps give their lakeside
property the appearance of private property; they have had problems
with the public believing their shoreline to be commons.
The Planning Commission discussed the uniqueness of the property in
having a separate parcel at the lakeside and the need for a shed to
protect the generator. It was suggested that a precedence for all
sheds would not be established because of the uniqueness of this
property.
Michael questioned the hardship. Clapsaddle suggested that
practical difficulty exists due to the generator and the fact that
the property is so unusual. Johnson commented that it is
impractical to provide power to the shoreline because of the layout
of the land, and there is a practical difficulty that the presence
of the shed helps keep people off their private property.
Mueller questioned why the shed should be required to be removed
when it is of sound construction and was conforming when it was
built? The only reason it is nonconforming is because the rules
were changed.
Weiland noted that there is no concrete slab foundation for the
shed and he would like the shed recognized as a temporary
structure. It was discussed that since the shed is not a
substantial structure it will eventually go away.
The side yard setback from the house to the south property line was
questioned by Mueller. It was suggested that the applicant verify
this setback with a surveyor and if it is nonconforming it should
be recognized.
10
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Planning Commission Minutes
July 12, 1993
ROTION made by Clapsaddle, to recommend approval of the
variance as recommended by staff with the exception that
the shed be allowed to remain and the setback to the
south side property line from the house be verified and
if the setback is nonconforming it be recognized as well.
Findings of fact for the shed include: It is reasonable
to expect the ability of having power on the lakeside
parcel and it is impractical to deliver power by any
conventional means; the presence of the shed provides the
appearance of private property; and the shed was recently
constructed, was conforming at that time, and was
constructed with the knowledge of the City. Motion
seconded by Hanus. Motion carried unanimously.
This case will be heard by the City Council on July 27, 1993·
Case//93-033; Withdrawn.
Case//93-034; Dakota Rail Inc., "Balboa Addition". FINAL PLAT -
PUBLIC HEARING.
Building Official, Jon Sutherland, Reviewed the City Planner's
report. The request being heard is for the Final Plat for Balboa
Addition, tomorrow night the City Council will be holding a public
hearing for the Preliminary Plat. The Final Plat, as submitted,
addresses all of the planning and engineering concerns that have
been raised to-date. The issue of a park dedication fee has been
reviewed by staff resulting in a fee of approximately $22,000 in
accordance with the formula in the Mound ordinance. Approval of
the Final Plat is recommended by staff subject to the following
conditions:
1. Payment of park dedication fees shall be required in
accordance with Section 330:120 of the Mound Code of
Ordinances.
Newly created Parcels 1 and 2 shall be combined for tax
purposes, with existing parcel 76.
The Owner/Applicant shall provide the City with title
insurance for all easements and rights-of-way that are to be
dedicated to the City of Mound.
Jeanne Matzen, Attorney for Winthrop & Weinstine, and a
Representative of Welsh Companies, informed the Commission that
they are in agreement with the recommendation of staff, with the
exception of the park dedication fee requirement.
11
Planning Commission Minutes July 12, 1993
Matzen believes that this request is not a typical platting
situation as the land will not be developed, they are only trying
to acquire the fee title of the access that Balboa is already
leasing from Dakota Rail. She referred to the City Ordinance which
states, "In every plat, replat, or subdivision of land allowing
development for residential, commercial industrial or other . . ."
She believes this statement allows a park dedication fee to be
exacted for only those properties "allowing development," and this
request does not involve a development or and expansion of use. In
addition, she stated that there is case law which indicates there
must be a rational nexus between the dedication fee exacted and the
burden the subdivision places on the community.
The Planning Commission discussed the park dedication issue.
Mueller commented that there are no "new lots" being created
because the parcels will be combined with the existing Parcel 0076,
therefore three parcels will be combined into one.
Mueller also commented, that in his opinion, the Commitment to
Insure does not represent clean title and the City Attorney should
investigate.
Betsy Brady questioned the hours of operation for the trucks at the
Balboa building, she stated that they operate during all hours of
the night and she is very concerned. The Building Official
informed her that she could come into City Hall and discuss the
issue with staff. Sutherland added that the businesses in the
Balboa building are required to obtain an operations permit which
is reviewed by the City Council and notices are published in the
local paper when the Council reviews these applications.
Chair Meyer confirmed with staff that the platting of this property
is not intended to change the use of the building.
Mueller questioned if the Conditional Use Permit, which allows for
the issuance operation permits, is attached to the current legal
description; and does the Conditional Use Permit need to be updated
if the legal description changes?
Chair Meyer closed the public hearing.
MOTION made by Mueller, seconded by Clapsaddle to
recommend approval of the Final Plat for Balboa Addition
as recommended by staff with the exception of condition
$1 requiring payment of park dedication fees as no new
lots are being created. Motion carried $ to 2. Those in
favor were: Meyer, Clapsaddle, Mueller, Jensen, ross,
Hanus, and Michael. Johnson and Weiland opposed.
12
Planning Commission Minutes
July 12, 1993
Johnson commented that he does not like second guessing the
attorney and he feels there is a possibility development could be
allowed for this property. Weiland agreed.
A public hearing will be held on July 13, 1993 by the City Council
for the Preliminary Plat. The City Council will review the request
for Final Plat on August 10, 1993.
Case g93-035; Marvin Nelson, 2025 Shorewood Lane, Lots 5 & 6, Block
8, Shadywood Point, PID//18-117-23 32 0012. VARIANCE FOR GARAGE
Building Official, Jon Sutherland, reviewed the applicant's request
for a variance to allow construction of a conforming detached
garage. The principal dwelling is setback 3.7 from the front
property line resulting in a request for a 26.3 foot setback
variance.
Staff recommended the Planning Commission recommend approval of the
requested variance to recognize an existing nonconforming dwelling
in order to construct a fully conforming detached garage.
MOTION made by Weiland, seconded by Michael to recommend
approval of the variance as requested upon the condition
the existing shed be removed. Motion carried
unanimously.
This case will be reviewed by the City Council on July 13, 1993.
Case g93-036: Gene & .loAnne Bristol, 5140 Woodland Road, Lots 20 &
21, Block 5, Woodland Point, PID //13-117-24 12 02~.~.. MINOP_
SUBDIVISION,
The applicant has applied for a minor subdivision to divide Lots 18
& 19 from Lots 18, 19, 20 & 21. To-date a survey has not been
received therefore a report has not been written. This item has
been left on the agenda for discussion only until adequate
information is received.
The applicant briefly reviewed the history of the purchase of the
subject property and when it was combined with other lots and
separated in the past. At one time the applicant owned three
buildable parcels in the area. He does not understand why he needs
a survey as nothing has changed with the property and he is not in
favor of paying a park dedication fee.
Mueller summarized that the applicant has separated tax parcels in
the past and was not required to go through the process of a minor
13
Planning Commission Minutes July 12, 1993
subdivision. He feels a precedence was set because the properties
were originally purchased separately. The applicant did not
rearrange any 10t lines, when the lots where purchased they were
separate parcels, and the lots were only combined for tax purposes.
Meyer commented that there are questioned that need to be answered
however the City Council is the body to give the answers and the
City Council can determine if the subdivision process is required.
Sutherland commented that staff can research the history and
prepare a chronological for review.
Mueller clarified that, in his opinion, it is questionable whether
a minor subdivision is required or if the P.I.D. numbers can just
be changed. Sutherland stated that with a minor lot line
adjustment the subdivision process has to be followed.
Meyer suggested the applicant work with staff, and if a resolution
is unattainable then the issue should be forwarded to the City
Council.
Variation to Workrules
Mueller moved, and Hanus seconded a motion to waive the
requirement to conclude the meeting at 11:00 p.m. as
stated in the workrules. Motion carried unanimously.
Case g93-029: DR. DONALD SWEEN, 2028 ARBOR LANE, LOT 6,
SUBD, OF LOTS 1 & 32, S&L RAVENSWOOD, PID #13-117-24 41 0035.
VARIANCE FOR FENCE,
This item was added onto the agenda at the request of the
applicant. Jean Sween came to the meeting and when she realized
she was not on the agenda, she made it known that she received in
the mail a copy of the Planning Commission Minutes which stated at
the bottom "This case will be heard by the city Council on July 12,
1993." This was a typo, the date should have been July 13. In
addition, she said she did not receive a City Council agenda. Ms.
Sween added that she was advised not to appear at the June 28, 1993
Planning Commission Meeting at which her request was recommended to
be denied. She requested that she now be given the opportunity to
discuss her case with the Planning Commission.
The Building Official quickly reviewed the applicants request for
a 6 foot high fence extending to the lake resulting in a 3 foot
fence height variance and a see-through visibility variance. Staff
recommended approval of the request due to the fact that the busy
nature of the adjacent city property does present a negative
14
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Planning Commission Minutes
July 12, 1993
impact. A variance to Section 350:475 assists in alleviating this
condition, improves the use and enjoyment of the property, and is
reasonable in this case.
The applicant explained reasons for needing the fence, including:
1. Adjacent property is used for commons docks which creates
noise and commotion.
Adjacent property is used as dumping area for leaves, grass
and other debris.
There is a city pump station on the adjacent property which
has bright yellow posts and a red light on the top that
flashes and a siren goes off when the power goes out
Boaters trespass onto her property to relieve themselves,
asking for water, and to use their bathroom
There is excessive traffic on the adjacent Arbor Lane which is
used as a turn-around area and parking area. A daycare across
the street increases the amount vehicles turning around in
this area.
She explained that she would rather have hedges, however, the cost
is excessive and she feels the City should pay for hedges if she
cannot have a fence.
Tom Taylor, Ms. Sween's neighbor to the south, confirmed that the
activities at the end of Arbor Lane have gotten considerably worse
over the last ten years. He also believes the ground may be too
wet to grow trees along the subject property line.
MOTION made by Hanus, seconded by Johnson to reconsider
the motion made by the Planning Commission on June 28,
1993 relating to the request for a fence height variance
b~ Dr. Sween. Motion carried 7 to ~. Those in favor
vere: Meyer, Clapsaddle, Mueller, Johnson, Jensen, Voss,
Hanus, and Michael. Weiland opposed.
The height of the proposed fence was reviewed. The applicant
clarified that the height of the fence will taper down to 2 feet
high at the lake. Mueller suggested that a 6 foot high fence be
allowed to provide screening of the pump station, but the balance
be required to conform to the ordinance at 3 feet high.
15
Planning Commission Minutes July 12, 1993
MOTION made by Mueller, seconded by Clapsaddle to
recommend approval of the fence height variance to allow
construction of a $ foot high privacy fence along the
north side property line, up to the llft station, the
remaining portion of the fence extending to the shoreline
shall conform to the minimum of 3 feet high.
Clapsaddle commented that he would like to see the fence be a
temporary solution and have both the applicant and the City plant
trees to create a reasonable final solution to this issue.
MOTION carried ? - 1. Those in favor were: Meyer,
Clapsaddle, Mueller, Johnson, Jensen, ross, Hanus, and
Michael. Weiland opposed.
Weiland stated that he opposed because he feels it was a financial
based decision.
Hanus remarked that he did not like the potential height of the
trees which could be planted. Clapsaddle commented that the time
involved to develop appropriate plantings to provide the desired
screening is unreasonable.
This case will be reviewed by the City Council on July 13, 1993.
MOTION made by Clapsaddle, seconded by Johnson, to
adjourn the meeting at 11:36 p.m. Motion carried
unanimously.
Chair, Bill Meyer
Attest:
16
! 1, ! I, ~
--' ", MANSFIELD-'& ' TANICK'-
A PROleg,~IlO NAL
.. .'. A~or~ ~t ~ '" . ,
' t~GO IN~ZRNATIONA~ ~NTRE
' ' 9QO'S~COND AVEN~ GOUTH
'' ·: . :f . MINN'E~O~IS, MINNESOTA 5540~.3~.3 ,.
. '"
,S~YMOUR'd M~NS~I~D ? FAX iGI~) 33~-31GI
EAR~*H, COHEN .i' ,
.
ROBERT A. JOHNGON
'I~HARD J FULkER .. ..
SHOC~Y A, o~u~m JUly 26', '19'9~ , " '
' O/ Co.~l ' ' .. ' '
.
~de~oo~ A 'Me~tz ....
$~00 'F~r"2. Bank ~ac~ Wes~ .. ..
MSnn~a~O~,,. ~ ,,S~402
, · gncl'o~ed.[, .the docum~nta2~o' I' have ~e~red, Cone-stun2 ~:~'
Our ·discussion ~'he ocher ~ay'. : .- .-
'~lease gtve,~e a.call alter you ha~e a~'opPort~nitY. to'review
it, tf acce~.tabte,.,Z wiI1 'have ~he.'dooumen~e Si~ed and .~u~ni'sh
~hem to you-fbr exec~ion.,
-. Very:
33317 ...
.(
I l, !, I,
This Agreement is entered into on this_____day of July, 1993,
between Fi Yin Ng Moy, d/b/a House of Moy (hereinafter ."Moy") and
the City of Mound (hereinafter ,,the City).
In consideration of the mutual covenants set forth below, it
is hereby agreed as follows~
1. Moy shall cause to be dismissed, with prejudice, a
lawsuit entitled Fi Yin Ng Moy, d/b/a the Mouse of Moy v. The city
of Mound, a municipal corporation, File No. 93-11736, Hennepin
County District court, State of Minnesota, without award of costs
to either partY-
2. Moy may maintain, in front of her premises, the two signs
that are situated in front of the restauran~ in ~heir current form,
together with attached lights. Moy need not apply for any permit
or other authorization from the City to maintain the signs in their
current placement and condition.
3. The City acknowledges that City ordinances pertaining to
regulation o~ signage do not apply to these signs because they
constitute the expression o£ Political beliefs and statements under
the FirSt Amendment of the U.S. Constitution and Article I, § 3 of
the Minnesota State Constitution. Therefore, the City will take no
administrative, civil, or criminal action with respect to the signs
as long as they remain in their current condition and placement.
4. The city shall cause to be dismissed a criminal
proceeding brought against Moy, citation No. 393, relating to the
aforesaid signs, and agrees that it will not bring any other
I
administrative, civil, or criminal actions against Moy with respect
to those signs in their current condition.
5. Moy acknowledges that the City has warned her that the
color of the signs and the attached lights may be viewed by some
drivers or pedestrians as such traffic control devices and
potenuially pose a traffic hazard to vehicles and pedestrians, and
the City has asked that the colors be changed and lights removed at
the discretion of Moy. Moy shares the City's expressed concern for
safety of vehicles and pedestrians but, after consultation with an
independent expert, does not agree that the color, lights, or any
other aspects of the signage create any traffic hazards.
6. Nothing contained herein is intended to restrict either
party with respect to any other matters, and Moy and the City
preserve any and all rights with respect to any other matters
except as expressly set forth herein.
7. The parties have read %his Agreement carefully,
understand the terms and conditions, have consulted with their own
independent counsels, and sign this Agreement freely and
voluntarily with intent to be bound by these terms and conditions.
Dated: July ___, 1993 THE CITY OF MOUND
By,
Its
- 2 -
DateCl:
1993
July ~'
FZ y~N NG MOY, D/B/A THE HOUSE
3333.1
!1 1, ! I, [
I I
STATE OF MINNESOTA
COUNTY OF }{ENNEPIN
Fi Yin Ng Moy d/b/a the House
of Moy,
Plaintiff,
The city of Mound, a municipal
corporation,
Defendan=.
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Type of Case: Other
NOTICE OF DISMISSAL
Court File No. 93-11736
TO: Defendant City of Mound and its counsel:
PLEASE TAKE NOTICE that Plaintiff Fi Yin Ng Moy d/b/a the
House of Moy hereby serves Notice of Dismissal of the above action,
with prejudice, and without award of costs to any party. This
Notice is made pursuant to Rule 41.01(a)(1) of =he Minnesota Rules
of civil Procedure.
Dated: July __, 1993
MANSFIELD & TANICK, P.A.
By:
DRAFT
Marshall H. Tanick (#108303)
1560 International Centre
900 Second Avenue South
Minneapolis, MN 55402-3383
(612) 339-4295
33312
ATTORNEYS FOR PLAINTIFF FI YIN
NG M0Y B/b/& THE HOUSE OF MOY
CITY OF SPRING PARK
SPRING PARK, MINNESOTA
A RESOLUTION ALLOWING ALTERNATES VOTING POWER
ON LMCD ISSUES
RESOLUTION 93-14
WHEREAS, The Lake Minnetonka Conservation District has operated under
By-Laws adopted some time ago; and
WHEREAS, In said By-Laws there is no provision for a duly appointed
alternate to vote when the regular member is unable to attend; and
WHEREAS, Certain crucial issues arise where each City's voice should
be heard, and a duly appointed alternate should be able to vote when the
regular board member from the City is unable to attend.
NOW THEREFORE BE IT RESOLVED, That the City Counci! of the City of
Spring Park is recommending that the Lake Minnetonka Conservation District
Board of Directors consider an amendment to the By-Laws to a!!ow an alter-
nate representative to vote when the appointed representative is unable
to be present.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 19th DAY
OF July, 1993.
ATTEST-
APP VED:
Mayor
lerome P. Rockvam
47~-9515
Councilmembers
Wm. D. Weeks
471-7285
MaryAnn Thurk
471-9286
Harlyn Dill
47 J -8857
Mark Breneman
471-7555
IIF. L"O JUL 6 1993
July 23, 1993
TO: Al! Member Cities
Lake Minnetonka Conservation District
Dear Mayor & City Council:
The City Council of the City of Spring Park has adopted
the enclosed resolution regarding the ability to express
the City's view through an alternate representative when
the regular board member is unable to attend.
In the past, there have been times and issues that need
ail member cities' views to adequately express the actual
needs and perhaps the regular board member is unable to
be present. At these times there should be some means
for each city to have a vote even when the regular member
is not available.
!
S/ncerel-y-~. ~/xt
.oc ,
JCAYOR
P.O. BOX 452, SPRING PARK, MINNESOTA 55384-0452 · Phone: 471-9051 · Fax: 471-9055
ti I I In, I~ I I
JUL 2 6 1993
LAKE MINNETONKA CONSERVATION DISTRICT
Administrative Conmmittee
Meeting Notice and Agenda
FO
5:30 PM, Wednesday, July 28, 1993
Tonka Bay City Hall
Meeting report review of 6/23/93 meeting (to be mailed
7/26)
o
Board member Johnstone draft of an issues outline for
review with public officials addressing LMCD
organization, funding, fee structure, lake access
car/trailer parking and other points of concern;
Board terms to meet Management Plan objective for
staggered terms;
Nominating Commnittee for new officers, procedural
discussion;
5. Additional business recommlended by the committee;
6. Next meeting date confirmation, adjournment
ATTN ALL BOARD MEMBERS: (all board members are included in
the Administrative Committee meetings)
* Please confirm your plans to attend for food provision
planning; Regrets also needed;
* Bring copy of Management Plan and LMCD state enabling act
included in Code books, with update provided in past year;
Thank you
JUL 2 6
LAKE MINNETONKA CONSERVATION DISTRICT
BOARD OF DIRECTORS
AGENDA
7:00 PM - Public Hearings
7:30 PM - Regular Meeting
Wednesday, July 28, 1993
Tonka Bay City Hall, 4901 Manitou Rd (County Rd 19)
7:00 PM - PUBLIC HEARINGS
Revier Dock Use Area Variance Application, Carmans Bay, Orono
Cosentino Dock Length Variance Application, Lower Lake South, Deephaven
7:30 PM - REGULAR MEETING
CALL TO ORDER
ROLL CALL
CHAIR ANNOUNCEMENTS, Cochran
READING OF MINUTES - 6/23/93 Board Meeting, 7/15/93 and 7/17/93
Emergency Board Meetings
?UBLIC COMMENTS - From persons in attendance on subjects not on agenda
COMMITTEE REPORTS
WATER STRUCTURES, Chair Babcock
A. Approval of minutes, 7/10/93 meeting
Stocks Side Setback Variance application, Mound, Halsteds Bay;
recommend approval of the Findings and Order approving the side
setback variance application
Lakeside Marina license conditions, Maxwell Bay, Orono;
recommend proceeding with prosecution on the off-lake storage
violation, unless James Dunn, President of Lakeside Marina,
brings the facility into compliance by this meeting, and to
amend the license conditions to show that the records shall
include the MN number, or name and port of call for documented
boats, for identification of all boats stored on land, in lieu
of name, address and phone number as previously stated
De
Navarre Cove Homeowners Assoc., Carmans Bay, Orono; recommend
approving the revised Navarre Cove HOA site plan dated 6/8/93
changing the three stick docks from 25' to 44' for 6 BSU,
subject to LMCD receiving the Association's documentation of
boat storage rights
Ee
Excelsior Park Tavern amenities, Excelsior Bay, Excelsior;
recommend amendment to Excelsior Park Tavern license to reflect
a trade in amenities from the pool for swim lessons to the
provision of free charter boat rides to handicapped and under-
privileged community groups - which are of equal Code value
LMCD Board of Directors, Agenda, 7/28/93, Pg. 2
F. Additional business
LAKE USE AND RECREATION, Chair Foster
A. Approval of minutes, 7/19/93 meeting
B. High Water Level; recommend plan presented by the executive
director
C. Decibel Level Or4inance Amendment; changing the decibel level
limit on Lake Minnetonka from 82 to 80 decibels, with LMCD
Counsel's memorandum on legality of proposed ordinance
De
Special Events
1) New and renewal, informational per minutes
2) Deposit Refunds @ $100 each, recommending approval:
a) Minnetonka Bass Classic, 6/5/93
b) IN Bass Tournament, 6/6/93
c) Mound City Days Fireworks & Water Ski Show, 6/20/93
Ee
Hennepin County Sheriff's Water Patrol
1) Report of significant activity since 6/23/93 Board meeting
2) Charter Boat Inspection summary 4/28/93 - 7/10/93
F. Additional business
E~IRONMENT
A. Environment Committee, Chair Hurr (no meeting this month)
1) Draft proposal to contract for environmental planning,
implementation services
Eurasian Water Milfoil Task Force, Chair Penn
1) Report of 7/16/93 meeting
4. ADMINISTRATIVE COMMITTEE, Chair Carlson
A. Report of 7/28/93 meeting
FINANCIAL REPORTS, Treasurer Carlson
A. Financial Reports
B. Audit of Vouchers for Payment
EXECUTIVE DIRECTOR REPORT, Strommen
UNFINISHED BUSINESS
NEW BUSINESS
A. First Reading of Ordinance relating to mandatory (BWI) chemical
testing on Lake Minnetonka; amending Code Sect. 3.17, Subd.14
B. Appoint nominating committee and confirm Board member terms
ADJOURNMENT
7/22/93
JUL 6
I I
I~KE MINNETONKA CONSERVATION DISTRICT
In Re: Application for Variance of Thomms and Roma Stockm
FINDINGS
On Wednesday, May 26, 1993 at 7:00 p.m., pursuant to due notice, a public
hearing was held by the Water Structures Committee of the Board.
of Directors of the Lake Minnetonka Conservation District at Tonka Bay City Hull in
thc City of Tonka Bay, Minnesota. The hearing was held to consider tho appltemtion
of Thomas and Roma Stocks, the owners of property located on Halsteds Bay at 3032
Highview Lane, Mound, Minnesota.
The application of Mr. & Mrs. Stocks was for a variance from the setback
limitations provided by the LA{CD Code of Ordinances. Mr. & Mrs. Stocks appeared
at the hearing on behalf of tile application.
The subject lot was platted on December 3, 1974. It has 20 feet of shoreline.
Under the LMCD Code of Ordinances, lots platted after February 2, 1970 require a
10 foot setback from each extended lot line. Therefore, the subject property has no
dock use area without a variance. The board finds that this is a hardship within the
meaning of LMCD Code Section 1.07, subd. 1.
In determining whether to gTant a variance, the board must conclude not only
that there is a hardship, but that granting the variance, along with whatever
conditions are deemed necessary by the Board, will not adversely affect the
purposes of the LMCD ordinances, the public health, safety, and welfare, and
reasonable access to or use of the lake by the public or riparian owners. Under
Section 1.07, subd. 6, the Board may only grant variances when it is demonstrated
that such action is in keeping wSth the spirit and intent of the code.
The variance requested in this case is significant. There will be many cases
in which it is not appropriate to allow docks or boat storage on lots as small as 20 feet
CLL55199
LKllO-¢
wide. Here, however, the Board finds that there are a number of factovs which tend
to reduce the .impact of granting the variance request. Among those are the
following:
1. Halsteds Bay is a remote bay on Lake Mlrmetonka which tends to reduce
the impact of boat storage on the public as a whole.
2. The subject parcel is located along a concave shoreline which reduces
the effect of a somewhat higher boat storage density on the public and
the lake generally.
3. The parcel is on the north end of Halsteds Bay. This end o£ thc bay i:;
largely developed. Therefore, there is little reason to expect that
future development of this area, together with the effect of this
variance, will create too great a density of boat storage on this part of
the lake.
4. The subject lot is adjacent to larger lots. The adjacent lots to the west
and east are 79 and 160 feet in width respectively. Although there is
one other 20 foot lot in the same development, the reminder of the
shoreline has been developed at lot sizes which are substantially larger.
5. The District has determined that it is appropriate to g-rant the right to
somewhat greater boat storage in the case of single family residential
lots which are occupied by houses and where the watercraft are owned
by the residents of the site. See Code Section 2.02. In this case, the
site is occupied by a single faudly residence and the boats stored at the
site will be owned by residents of the site.
6. The variance preserves a 5 foot setback on each side. Thoro Is no
adjustment of extended lot Lines and lhere will be no encroachment of
either docks or boats across ex~ended lot lines or in~o neighboring dock
use aretl.q,
CLL5519g
LKIIO-4
7. The owners of adjacent dock use areas have stated that thoy have no
objections to the granting of the variance as long as it does not
encroach into their dock use areas. Additionally, there has been a
dock and boat on [his site since ]975. Neither of these facts is
dispositive of the question whether to grant a variance; however, both
are evide~]c~ th[~t constructing and maintaining a dock at this site has
not created any problems in the past, and therefore is not likely to do
so hi the future.
8. The 1973 Lake Use Study Boat Density Indoxes contained in the Boat
Density PoLicy Statement adopted by the Board on October 13, 1974
showed Halsteds Bay as one of tho few bays on the lake not considerc, d
to be in critical or potentially critical condition with respect to boat
density. It was one of the least crowded bays in terms of boats stored
per water acre and boats stored per mile of shoreline. Therefore,
granting the requested variance will not be contributing to substantial
overcrowding.
9. The restrictions imposed by the following order will help substantially
to reduce any potential adverse impacts. The dock allowed will be
small, and no canopy will be allowed. Additionally, the owner will be
Limited to storage of one watercraft of moderate size at tile dock.
On the basis of the foregoing, the Board concludes that there is a hardstlip
and that granting the variance requested will not have an adverse impact on the
purposes of the LMCD Code of Ordinances, the public health safety and welfare, or
reasonable access to or use of the lake by the pubLic or by o~her riparian owners.
The Board further finds that granting the variance is in keeping with the spirit and
intent of the code.
CLL55 ~99
LKllO-& 3
ORDER
On the basis of the foregoing, it is ordered that the variance requested be
granted subject to the following conditions and limitations.
1. The dock constructed at the site may be no more than 40 feet in length,
and must be a single straight dock with no "L", "T", etc. The dock may be no more
than 3 feet in width.
2. Only one boat or watercraft may be stored at the dock, and such
watercraft may not have a beam of more than 7 feet.
3. No canopy may be constructed in conjunction with the dock.
4. The dock and boat storage shall be so constructed, located, and
maintained that a 5 foot setback shall be maintained on each side of the subject
parcel.
The variance provided for herein shall grant no vested rights to the use of
Lake Mtnnetonka. Such use shah at all times remadn subject to regulation by the
District to assure the public of reasonable and equitable access to the lake.
By order of the Board of Directors of the Lake Minnetonka Conservation
District tkis __ day of , 1993.
ATTEST:
David Cochran, Chair
Douglas Babcock, Secretary
LKllO-4
IEC'D JUL 2 6
D ,AFT
LAKE MINNETONKA CONSERVATION DISTRICT
Regular Meeting
7:30 PM., Wednesday, June 23, 1993
Tonka Bay City Hall
CALL TO ORDER
The meeting was called to order by Chalr Cochran at 7~30 PM.
ROLL CALL
Members Present: David Cochran, Chair, Greenwood; Bert Foster,
Deephaven, James Grathwol, Excelsior; Wm. Johnstone, Minnetonka;
Mike Bloom, Minnetonka Beach; Scott Carlson, Treasurer, Minne-
trista; Thomas Reese, Mound; JoEllen Hurt, Orono; Robert Rascop,
Shorewood; Douglas Babcock, Secretary, Spring Park; Tom Penn,
Vice Chair, Tonka Bay; George Owen, Victoria. Also Present:
Charles LeFevere, Counsel; Lt. Esensten, Sheriff's Water Patrol;
Rachel Thibault, Administrative Technician; Eugene Strommen,
Executive Director.
Members Absent: Duane Markus, Wayzata; Robert Slocum, Woodland.
CHAIR ANNOUNCEMENTS
There were no announcements from the Chair.
READING OF MINUTES
Hurt moved, Orathwol seconded, to approve the minutes of the
5/26/93 meeting as submitted. Motion carried unanimously.
PUBLIC COMMENTS
There were no comments from persons in attendance on sub-
jects not on the agenda.
COMMITTEE REPORTS
1. WATER STRUCTURES, Chair Babcock
A. Approval of Minutes Foster moved, Grathwol seconded, to
approve the minutes of the 6/12/93 meeting as submitted. Motion
carried unanimously.
B. Gideons Point Homeowners Assn., Gideons Bay, Tonka Bay
At the 4/28/93 Board meeting, approval was given for a new
dock license for the Gideons Point Homeowners Association with
direction to the LMCD staff to prepare the Findings to allow a
112' dock on Outlot A and requiring 100' docks on Lots 1, 2, 3, 4
and 5, with a one year variance to be granted for the 120' docks
on Lots 4 and 5, with no variance on Lots 1, 2 and 3.
At the 5/26/93 Board meeting, the new dock license and
variance applications for Gideons Point HOA were tabled to the
Water Structures Committee. Staff and legal counsel were di-
rected to prepare a memorandum explaining (1) the advantages and
disadvantages of the various alternatives available to the LMCD
in response to the Gideons Point Homeowners Assn variance appli-
cations for Lots 1 - 5 and (2) the legal defensibility of those
alternatives.
LblCD BOARD OF DIRECTORS June 23, 1993
LeFevere submitted a letter, dated 6/4/93, indicating there
is sufficient factual basis on the record of the proceedings to
support approval or denial of the variances. The LeFevere letter
was accompanied by a memorandum and Findings supporting granting
the variances on the west end of the development, Lots I - 5, and
a memorandum and Findings supporting denial of the variances on
the west end.
The Board received a recommendation from the Water Struc-
tures Committee to reconsider the variance application and to ap-
prove the revised site plans dated 6/2/93 and 6/3/93 for the new
dock license and variance applications from the Gideons Point
Homeowners ASsociation, for 46 Boat Storage Units as outlined a
letter from the applicant, Thomas Wartman, dated 6/2/93, the
variance hardship being shallow water.
MOTION: Foster moved, Cochran seconded, to reconsider the
actions taken by the Board on 4/28/93.
VOTE: Notion carried, Rascop, Carlson, Bloom, Owen and
Babcock voting nay.
NOTION: Foster moved, Cochran seconded, to approve the site
plans dated 6/2/93 and 6/3/93 for the new dock license and vari-
ance applications from Gideons Point Homeowners Association, for
46 BSU as outlined in Wartman's 6/2/93 letter, the variance
hardship being shallow water.
DISCUSSION: Reese noted that the 112' dock on Outlot A has
been approved.
Hurr asked about the length of the currently installed docks
on Lots 4 and 5. At the Water Structures Committee meeting they
were informed the dock on Lot 4 is 125' and the dock oa Lot 5 is
108' There are no docks on Lots 1 - 3. Hurr questioned why a
variance to 128' is needed if the dock is installed at 108'
Don Trembly, 50 Gideons Point Road, is the owner of Lot 5
which has the 108' dock. He said this length is sufficient for
his current needs, but he or a future owner may want a larger
boat. He could see no reason to build the dock any longer than
108' until the need arises. Carlson said this points out that
there is no need to go out to 128' because of shallow water.
There is nothing unique about these locations.
Hurt asked for information on the dock going through the
wetlands. Bill ~erriam, 25 Gideons Point Road, said the 170'
dock portion beyond the wetlands will be taken out and put in
each year. The walkway dock through the wetlands will be left
in. Babcock said the LMCD does not want permanent, pile driven
docks in wetlands. Thomas Wartman said it will be a hand driven
dock as required by the L~CD and DNR. Thibault said the DNR
advises that docks in wetlands should be left in over the winter.
She referred to a letter from the ~nDNR dated 6/23/93 commenting
on the Gideons Point HOA variance application. She added that a
DNR permit is required for the dock on Outlot A. Penn said he
would like this information from the DNR in the variance find-
ings.
!i 1, ! I, tt I I
LMCD BOARD OF DIRECTORS
June 23, 1993
Bloom said he does not believe a hardship has been shown.
He thinks the long walkway/dock through the wetlands could be
avoided by angling the dock for Lots 1 and 2 from the end of
Pearl Street. He also does not believe the intent to acquire a
larger boat is a reason for having a longer dock.
Cochran said the LMCD has permitted docks to reach 4' of
water. Babcock said he has a problem with applicants coming in
with plans for what they want rather than what they need. Merri-
am responded that the HOA has been trying to meet LMCD require-
ments, the requests are reasonable, the variances are needed, and
a number of other alternatives have been considered. He believes
Babcock's comments are unfair.
Penn asked how the walkway/dock over the wetlands differs
from the long docks approved in Carsons Bay. Babcock said a
hardship existed across the entire frontage of the property in
Carsons Bay whereas in this case there is other frontage in the
HOA without the hardship. Penn recognized there is a hardship in
getting to the lake from the Lot 1 and 2 properties. Babcock
responded that the whole shoreline should be considered.
Jeff May, 20 Gideons Point Road, owner of Lot 2, was told by
the developer he could build a dock to get to navigable water.
Babcock explained that the dock rights belong to the HOA. Bab-
cock pointed out that the site plan approved in 1985 complied
with LMCD ordinances. The current request is for additional
consideration and variances over and above what the HOA was
granted in 1985.
Cochran said he supports approving the variances. The
original site plan approved was for each parcel to have individu-
al docks, except the combined dock for Lots 1 and 2. He does not
agree with the idea that the docks should be moved down the
shoreline. He said there is the problem of the 8' easement not
being filed. However, the attempt is to reach open water. There
is the matter of the cattail growth having moved lake access
further away from the land. The applicant has worked to re-
design the docks to make them more acceptable to the property
owners outside of the development.
Justin Holl, 30 Pearl Street, favors the proposed plan
presented by Wartman compared to the 1985 plan which places the
docks only 10' to 15' from Pearl Street. The proposed plan has
less impact on him. It places the dock more in front of Lots 1
and 2. He added that the Tonka Bay City Council has unanimously
approved the plan.
Penn said he believes the real issue is with how the de-
veloper originally handled this site. Penn believes the property
owners should have'-access to the Lake. He is not supportive of
how the development was put together but is supportive of the
people involved.
Thibault pointed out that the Tonka Bay City Council action
was to approve the setback variances between the properties. It
did not take any action on the dock length variances. Vern Haug,
Mayor, Tonka Bay, explained the city's ordinances speak only to
setbacks.
LMCD BOARD OF DIRECTORS June 23, 1993
Foster said his belief is that people are entitled to navi-
gable water. In this case, the properties are on an inside cor-
ner. He does not believe any water use is being taken away from
the general public.
LeFevere said care should be taken that all documents are
more descriptive of the actual property rights, that documents
are recorded before giving final approval and that covenants are
not changed without LMCD approval.
MOTION: Grathwol moved, Rascop seconded, to call the ques-
tion.
VOTE: Motion carried unanimously.
Before voting on the variance motion, LeFevere said there
would have to be an additional requirement in the Findings re-
garding the method of installing the dock in the wetlands.
VOTE: Foster, Grathwol, Cochran, Johnstone, and Penn voted
aye. Bloom, Carlson, Reese, Hurr, Rascop, Babcock, and Owen
voted nay. Motion failed.
Grathwol moved, Rascop seconded, to approve the Findings
denying the new dock license and variances. The motion was
withdrawn.
MOTION: Rascop moved, Reese seconded, to approve the 112'
dock on Outlot A 'and to deny any variances on Lots 1 - 5.
VOTE: Foster, Cochran, Johnstone, Bloom, Carlson, Reese,
Hurr, Rascop, Penn and Owen voted aye. Grathwol and Babcock
voted nay. Motion carried.
MOTION: Reese moved, Rascop seconded, to approve the Find-
ings, Order and memorandum for approval of the 112' dock on
Outlot A and denial of variances for Lots 1 - 5.
VOTE: Motion carried, Grathwol voting nay.
C. Stocks' Side Setback Variance Application, Mound, Halst-
eds Bay
The committee has recommended approval of a variance allow-
ing 5' setbacks for the Thomas and Roma Stocks property. 3032
Highview Lane, Mound, per the minutes of its 6/12/93 meeting.
MOTION: Hurt moved, Johnstone seconded, to grant a variance'
for 5' setbacks for the Stocks property because this use is
reasonable, a dock has existed at this site for 19 years, and
would not encroach on the neighboring dock use areas. Limita-
tions should be imposed restricting use to one 40' long "stick"
dock, with no canopy slip structure, except the small canopy type
used on boat lifts, for one restricted watercraft with a maximum
7' beam, to stay within a 10' dock use area.
DISCUSSION The Board received a letter from LeFevere. dated
6/18/93, in which he concludes the Board may grant the variance,
but should only do so if it is prepared to treat all similarly
situated applicants alike. Carlson said the Findings should be
specific to this one lot so a precedent is not set.
Babcock and Carlson expressed their concerns about other 20'
- 40' lots on the Lake. Hurr said the new shoreland regulations.
when adopted, will not allow platting of the small lots without
MnDNR approval.
! I ~, I I, iii I I
LMCD BOARD OF DIRECTORS
June 23, 1993
Commenting on his letter of 6/18, LeFevere said not all 20'
lots will be the same. The Findings which accompany any approval
should address the hardship existing for this lot in relation to
other 25'-30' lots. A question to answer is, is it a way to avoid
what the Ordinance intended. Is the variance reasonable in light
of the ordinance?
Cochran suggested conditions for approval could be based on'
the previous platting of the property, that there is an existing
house on the property, and the dock has been in existence for
many years.
LeFevere said the approval should be based on something that
distinguishes this small lot from others. Is there a reason,
affecting the Lake, why a house on the site makes a difference?
There has to be a rationale of how the use relates to the Lake as
a whole. This small lot is in the neighborhood of larger lots so
the shoreline isn't crowded.
Cochran said other items to consider are the position of
this lot among lots of much larger frontage and whether or not
this lot can be isolated from other small lots because the basic
policy is the same.
LeFevere added that as far as the Lake is concerned, it does
not matter how long the parties involved were ignorant of the
law. Rascop said this is a dangerous precedent to set as there
are hundreds of ye.fy small lots on the Lake.
Grathwol said he opposes this variance. He believes a
mistake was made in allowing the dock to remain over the years.
He used as an example of what could happen, a 40' lot, with four
owners, which could be divided into smaller lots. He believes
approval would be inviting people to create 20' or smaller lots.
This is an opportunity to take a position on small lots. Hurr
said the Stocks are asking for only 5'
Robert Humphrey, previous owner of the lot, said this lot'
was designed to provide for a dock and a boat at the time of
platting. He used the dock for 12 years and the Stocks have had
a dock for six years. He said there was never any mention that
the neighbors had any "say so" about where he put his dock. He
believes that there should be a method of advising lakeshore
buyers and sellers of LMCD requirements which would affect the
use of the property. Mrs. Stocks said there was only one inci-
dent of a neighbor raising an issue about the docks. The LMCD
did not inform her or her husband of the issue.
Robert Floeder. 3027 Bluffs Lane, said he has similar cir-
cumstances on his lot at the other end of the development and
will claim the same hardships. He, too, has been unaware of the
situation. Babcock said there should be some way buyers can be
made aware of LMCD restrictions on the use of lakeshore. Title
searches do not bring up the subject.
Humphrey said he understood the LMCD was involved in the
platting of the property. LeFevere responded that the LMCD has
no authority on land. It is possible the Minnehaha Creek water-
shed District (MCWD) might have looked at it. Mrs. Stocks said
she has checked the files and the only reference is to the MCWD.
LMCD BOARD OF DIRECTORS June 23, 1993
Johnstone said he is going to vote in favor of the variance.
He bases his approval on the size of the lot and its character in
relation to the neighboring lake frontages and that it has been
used for a substantial number of years.
Hurr said there are Findings of Fact that make this property
unique. It is only a 5' variance.
Bloom said the District provides a Code of Ordinances and in
approving this variance would be going against everything the
LMCD wants to accomplish. The Code is available to both the
seller and buyer of property. It will not be possible to distin-
guish this property from any other property of a similar size.
Johnstone responded that the essence of a variance means that
there is a departure from the Code. Variances are granted based
on the appropriateness of the circumstances. Bloom added that he
would like to see a sunset provision rather than having it grand-
fathered forever.
Babcock mentioned that one of the neighbors had previously
objected. Hurr said she does not believe in granting variances
based on what the neighbors say. Babcock said variances should
be based on uniform enforcement, not only when notified by a
neighbor that a problem exists. Mr. Stocks said the neighbor's
complaint was based on an encroachment into her dock use area and
that complaint was in 1987.
LeFevere recommended Findings be prepared before the final
approval is granted.
AMENDMENT TO MOTION: Hurr and Johnstone added to their
motion to include a direction to staff to prepare Findings of
Fact, based on the discussion, to support the approval of the
variance.
VOTE: Foster, Cochran, Johnstone, Reese, Hurr, Penn and
Owen voted aye. Grathwol, Carlson, Rascop and Babcock voted nay.
Bloom abstained from voting. Motion carried.
Stocks indicated a concern about the delay in final approv-
al, for approval of the Findings, because they are trying to
sell the property. Hurr said she does not believe the Board has
ever reversed a decision on a variance, once the Board has voted
to prepared Findings for approval. LeFevere suggested that if
they have a buyer they obtain a purchase agreement contingent on
final approval.
COMMENT FROM THE PUBLIC
Vern Haug, Mayor, City of Tonka Bay, asked the Board to
amend the agenda to consider the Tonka Bay City Council comments
on the budget. The Council feels the LMCD reserve funds are
adequate and more of the reserve funds should be used to reduce
the levies to the cities. Cochran said the comments in the Tonka
Bay Administrator's letter dated 6/16/93 will be considered when
the budget is discussed later in the meeting.
! I 1, ! I, t I I
LMCD BOARD OF DIRECTORS
June 23, 1993
D. Joseph Zwak, Boat Storage Violation Greenwood. St.
^lbans Bay
Joseph Zwak, 5165 Queens Circle, Greenwood, and three neig~-
bors are the owners of an unimproved lakeshore lot adjacent to
Zwak's off-lake residential property. They have 4 boats stored
at the lot in violation of LMCD Code Sect. 2.02, Subd. 2 which
restricts storage to 2 boats at that site.
The committee recommended holding back on criminal prosecu-
tion for further information from LeFevere. LeFevere, in a
letter dated 6/18/93, advised the Board it can amend the Code to
conform to Mr. Zwak's idea of the way it should read, or it can
attempt to require Mr. Zwak to come into compliance with the Code
through legal action. If the Board decides on legal action, it
may proceed either as a misdemeanor prosecution or as a civil
action. LeFevere's letter details the pros and cons of the two
different actions. LeFevere said there appears to be an unrecon-
cilable difference of opinion. Zwak or the District can start
proceedings. LeFevere recommends a civil action.
MOTION: Foster moved, Penn seconded, to institute a civil
action to require Joseph Zwak to bring the docks and boat storage
on his lakeshore lot into compliance with the LMCD Ordinances.
DISCUSSION: Bloom mentioned the City of Greenwood action to
delay any enforcement for a year to give time to study the situa-
tion. Bloom wondered if Zwak could apply for a multiple dock
license. Thibault pointed out that the Outlot does not have
enough lakeshore frontage.
VOTE: Motion carried unanimously.
Johnstone asked for an outline of the anticipated expenses.
E. Lakeside Marina, Maxwell Bay, Orono
At the Board meeting of 4/28/93 the Lakeside Marina 1993
Multiple Dock License was approved with a list of conditions as
outlined in a staff letter dated 3/26/93, subject to an appeal by
the applicant for a hearing on the conditions.
James Dunn, Owner, Lakeside Marina, and Ronald Zamansky,
attorney representing Mr. Dunn, were present. In a letter dated
6/1/93, LeFevere informed Zamansky that the Board would give Dunn
a hearing on 6/23/93 in response to the conditions placed on his
license.
Dunn said, prior to the drought years, Lakeside Marina was a
retail boat sales operation. Since then its boat sales have been
minimal and it is much more a storage and service' operation.
Zamansky apologized for an ad Lakeside Marina ran in the
newspapers, as a part of the spring boat shows, regarding unlim-
ited "in and out" access. They do not challenge the LMCD posi-
tion on "in and out" storage. They do object to the conditions
requiring maintenance of additional records. They object to the
public having knowledge of Dunn's customers and personal data.
They ask for removal of those conditions and request they be
treated as are other marinas.
LMCD BOARD OF DIRECTORS June 23, 1993
Hurr said she could understand a mistake in the 1993 ad but
this was also done in 1990 (as well as 1991 and 1992). Foster
said the LMCD records show that "in and out" storage has been
offered for four years in a row. Dunn has been informed, in
writing that this is a violation of his license for four years.
The District does not have a trust that Dunn will not flaunt the
rules again. Foster said as a business operation, there needs to
be a service ticket to indicate which boats are in for service,
what kind of "in and out" agreements are made with customers and
which boats are there for storage only.
The dialogue continued between the Board and Dunn and Zaman-
sky with the Board reinforcing its requirement that there be a
verifiable method of determining the reasons why each given boat
is there. Zamansky said Dunn will be available to answer any
questions, but what they consider personal information about
their customers, will be available only by a court order. He
questions the LMCD right to ask for the information.
Staff prepared a chronological summary of the enforcement
history going back to 1990 indicating a history of non-compli-
ance. The summary will be made a part of the record.
In LeFevere's letter to Zamansky he noted that Zamansky
stated, at a meeting with LeFevere, that Dunn has 8 watercraft
stored on land in violation of the LMCD Code. Those boats alone
are reason enough for revocation of the license. LeFevere said
there may nor may not be other boats in violation of the license.
He believes it would be less burdensome to make the records
available.
Dunn offered to make existing records available for staff
inspection but not copying.
Cochran said the purpose of this meeting is to give Dunn an
opportunity to be heard and no action is to be taken. Carlson
said the committee should review the comments and documents
available to it to determine whether the conditions should be
amended or the violations enforced. Carlson said he would not
consider removing the conditions until there is proof that the 8
"in and out" dry storage boats are removed.
2. LAKE USE AND RECREATION~ Chair Foster
A. Approval of Minutes. Foster moved, Reese seconded, to
approve the minutes of the 6/15/93 meeting as submitted. Motion
carried unanimously.
B. Intoxicating Liquor License Fees
The committee discussed whether the $3,000 fee charged for a
liquor license reflects the cost of issuing the license and the
inspection costs. It was its recommendation to reduce the fee to
$1,500.
MOTION: Foster moved, Reese seconded, to reduce the liquor
license fee to $1,500 in 1994, reflecting that figure in the 1994
budget.
i I 1, I I, i~ I I
LMCD BOARD OF DIRECTORS
June 23, 1993
DISCUSSION: 'The executive director said the budget to be
discussed later in the meeting does not reflect the fee reduc-
tion. He said the staff needs more time to determine whether
$1,500 is appropriate.
MOTION: Babcock moved, Hurt seconded, to table the liquor
license fee back to the committee.
VOTE: Carlson, Grathwol, Rascop, Johnstone, Hurt and Bab-
cock voted aye. Reese, Foster, Bloom, Penn and Cochran voted
nay. Owen abstained. Motion carried.
C. Special Events
For informational purposes, the committee submits the fol-
lowing:
New Special Events:
1) Operation Bass, Inc., Bass Tournament, 9/19/93, Minne-
tonka Boat Works, Wayzata
Renewal Special Events
1) Excelsior Chamber of Commerce 4th of July Fireworks
2) Minnetonka Challenge 5-Mile Swim, 8/7/93 and 8/23/93
3) Viking Bassmasters, Bass Tournament, 10/3/93
a. Personal Watercraft Practice Course
The Board discussed an application for permission to operate
a personal watercraft practice course on weekdays, under special
conditions, on Wayzata Bay between Sunsets Restaurant and the
Depot.
Foster said this is for motorized racing which is prohibited
under the Code. There is the additional problem of adhering to
the Code restriction limiting to thirty minutes in one area.
The executive director said the Code requires a permit for
placement of the buoy markers beyond 200' from shore. This would
require Board approval. The policy is for Water Patrol to ap-
prove the buoy marker placement before each use, as is done with
the water ski slalom courses.
Carlson said this would be a violation if the buoys were
permanent, not removed after each use. Thibault said it is not
an enclosed race course but is a set of unevenly placed buoys to
practice maneuverings. They would Like to use other areas in
addition to the area in front of Sunsets.
Penn said he is concerned about setting a precedent and is
opposed to any racing. The executive director said the staff
does not recommend this permit. He said enforcing the 30 minute
restriction would be burdensome on the Water Patrol.
In response to a question from Babcock as to whether this is
actually racing, the executive director said it has not been
presented as a racing activity and speed limits would be main-
tained. The executive director added that this activity could
interfere with other activities in Wayzata Bay such as fishing.
It also could lead ioa public perception that others can set up
slalom courses without knowing a permit would be required.
LMCD BOARD OF DIRECTORS
June 23, 1993
Reese said he does not see this as different than sail boat
racing which takes up a certain area of the Lake. The personal
watercraft are under 82 decibels, and the activity would be on
weekdays only. It is a reasonable request.
MOTION: Hurr moved, Penn seconded, to deny permission for a
personal watercraft practice race course.
VOTE: Motion carried, Reese voting nay, Babcock abstaining.
D. Decibel Test
The Board received a report of the 5/25/93 decibel test pro-
gram. The committee recommends that the decibel level limit on
Lake Minnetonka be reduced from 82 to 80 decibels.
Foster explained that a boat has to be at least 84 decibels.
2 more than the ordinance requirement of 82 decibels, before the
Water Patrol will issue a citation. Foster said his observation
at the test was that 84 decibels is loud. Lowerin~ the decibels
allowed to 80 and enforced at 83 decibels results in a more ac-
ceptable sound.
MOTION: Foster moved, Cochran seconded, to instruct the
LMCD attorney to prepare an ordinance change to reduce the deci-
bel level for boats on Lake Minnetonka to 80 decibels.
DISCUSSION: Lt. Esensten said he wants to point out that
the instructions to the Water Patrol Deputies to use the 2 deci-
bel variance are to make sure the citation will stand up in
court, as well as the public perception and what is tolerable by
the public. It is inaccurate to say that if the limit is changed
to 80 decibels they will enforce at 83. The Water Patrol always
retains the right to decide what their variance is in enforcing,
based on what the courts will find acceptable and what they see
as public perception.
Johnstone asked if there will be a public hearing before
adoption of the ordinance. Foster supported having a public
hearing. All Ordinance are reviewed as part of the Board public
process.
Babcock asked what basis was used by the committee in making
its recommendation. Foster said, after the test, the committee
felt that it would make sense as a response to complaints from
the public about noisy boats.
Penn said he believes this is an enforcement issue. The
District should make a public statement that the purpose is to
increase enforcement of what is a noise problem.
Babcock questioned how a boater is going to know what a
boat's decibel reading is. Bloom said the manufacturers are not
going to change. Babcock said he does not want to change his
exhaust system because of a change in the ordinance. He suggest-
ed all boats manufactured after a given date would have to com-
ply. He does not favor anything that would require retrofitin~.
Babcock added that Lake Minnetonka is one of the few lakes in the
state suitable for the larger power boats. He questioned having
the draft ordinance prepared before a public hearing and consid-
eration of all of the issues.
VOTE: Motion carried, Babcock voting nay.
!1 1, ! I, I[ I I
LMCD BOARD OF DIRECTORS
June 23, 1993
LeFevere said the draft ordinance preparation can be swift.
He believes there is a state pre-emption issue regarding adopting
stricter standards than the state. One reason is that boats move
from lake to lake. He wants to take a look at that issue before
the District sets itself up for a law suit brought by the indus-
try.
Cochran said he believes the District has to have the forti-
tude to set standards. The District did it before with regula-
tions on personal watercraft and snowmobiles. Cochran has the
impression that the Water Patrol does not enforce decibel levels
well enough. Cochran challenged the Water Patrol to enforce the
decibel levels set by the District. Esensten responded that the
Water Patrol does the best job it can within the 'parameters it is
given to work.
E. Water Patrol Report
Esensten reported as follows:
* There has been very little activity because of the weath-
'er.
* The Water Patrol is getting complaints about soil erosion
in the channels because of the high water.
* There have been 2 BWIs issued since the committee meeting
for a total of 10 for this season.
Esensten reported on the one BWI incident in which the
handcuffed violator jumped from the boat into Seton Channel. An
all night search was made. The next morning the Water Patrol was
advised the violator was safe. He was apprehended. The execu-
tive director asked that the LMCD office be notified when charges
are filed. Esensten replied the LMCD prosecutor, Steve Tallen,
has the paper work.
Carlson asked how the two radar guns the LMCD donated to the
Water Patrol are working. Esensten said they work very well,
especially in "quiet water" areas. He expressed appreciation for
the donation.
Hurr suggested the Water Patrol report be placed first on
the agenda. Esensten said they would appreciate not being tied
to the entire meeting. The deputy would stay through if there
were anything on the agenda involving the Water Patrol. He said
it is important that they be at the meeting to give the report
and answer questions.
Cochran asked the staff to make adjustments in the agenda to
place the Water Patrol early in the meeting.
Rascop suggested declaring the entire Lake a quiet water
area until the water goes down. Rascop's motion to that effect
was not seconded.
3. ENVIRONMENT
A. Environment Committee, Chair Hurt
Hurt reported there was no meeting in June.
LMCD BOARD OF DIRECTORS June 23, 1993
B. Eurasian Water Milfoil Task Force, Chair Penn
1) Rascop moved, Owen seconded, to approve the minutes of
the June 18, 1993 meeting as submitted. Motion carried unani-
mously.
Penn reported Robert Pierce has resigned as milfoil coordi-
nator effective June 30. Penn said the executive director has
taken over Pierce's responsibilities and assigned supervisory
duties to Todd Graham. Penn expressed appreciation to the execu-
tive director for his assistance. The executive director said
Pierce left because of an unexpected change in his plans. Pierce
would no longer have the hours available that the District needs.
The executive director added there has been good cooperation from
the LMCD and milfoil staff to aid him with his additional duties.
Penn said the milfoil program is all right from a staffing
position. The harvester operators have been trained. The har-
vesters are in the water. They have finished harvesting Phelps
Bay and will be moving to Carsons Bay, then Gideons Bay and from
there to St. Albans Bay. The extra fuel tanks are increasing
efficiency.
The SONAR enclosures are in place in St. Albans Bay and it
is understood the SONAR has been applied.
Reese said he understands there was a problem with a commer-
cial weed cutter dumping where the LMCD dumps milfoil. The
executive director said the matter has been investigated and it
has been corrected.
Reese noted that the DNR SONOR field enclosure test program
has been cut back. He questions whether this is a valid test.
Carlson asked whether there will be access treatment at
Kings Point and Harrisons Bay. The executive director said all
of the accesses have not been physically examined to determine
which ones will be treated. The treatment will be on an as
needed basis.
Hurr said there should be communication with the public when
and where the harvesting is going to be done. Penn said there
will be information in the newspapers as to where the harvesters
are working and where harvesting will take place. A news release
was submitted 6/21 on that subject.
Johnstone asked about harvesting in Libbs Lake. The execu-
tive director said the property owners have treated the entire
shoreline. There is not sufficient milfoil on the interior of
Libbs Lake to harvest at this time. The status will be moni-
tored.
Hurt asked how the areas to be harvested are selected. Penn
said it is based on observation of need. Staff is looking into
keeping the five harvesters together vs. splitting them up into
two teams. There is a better public perception of more work
being done if split up.
4. LMCD LAKE ACCESS COMMITTEE, Chair Grathwol
Grathwol distributed a report of the 6/15/93 meeting.
Grathwol said the District has to continue to work to get
the car/trailer parking agreements processed by the cities. The
access committee offers its assistance to any Board member in
making a presentation.
I I 1, ! I, L~ I I
LMCD BOARD OF DIRECTORS
June 23, 1993
5. ADMINISTRATIVE COMMITTEE, Chair Carlson A. Carlson submit-
ted the Fee Study Subcommittee report of its 6/8/93 meeting. He
said the marina operators are in favor of the dock use area
"envelope" concept. Carlson suggested referring the suggestion
to the Water Structures Committee for their input and its long
term impact. It woul.d lighten the licensing procedure. The next
meeting will be August 3, 1993.
MOTION: Carlson moved, Foster seconded, to refer the con-
cept of a dock Use area "envelope" to the Water Structures Com-
mittee.
VOTE: Motion carried unanimously.
B. Carlson submitted the report of the 6/8/93 Administra-
tive Subcommittee meeting. The purpose is to develop recommenda-
tions for any changes in the LMCD's organizational structure
which can be accomplished without legislative action and then
consider what recommendations might require legislative change to
the LMCD enabling act.
C. Carlson reported on the Administrative Committee meeting
of 6/23/93. The 1994 Preliminary Draft Budget was presented for
consideration. It contains suggestions following the executive
director's meeting with two city administrators and Mayor Duff,
Woodland. They suggested the $15,000 allocated in 1993 for a
part-time administrative employee, not used, be applied to Admin-
istration, and that an additional $10,000 be taken out of the
Reserve Fund.
Carlson said he believes a nine month operating reserve
should be maintained. The executive director polled several
cities, finding that those polled try to maintain a six month
reserve. A three to four month's reserve is often the case. In
the case of the LMCD there is a need for a larger reserve because
of the uncertainty of some funding sources.
The Board discussed the use of reserve funds, both for the
Administration Fund and the Milfoil Program. Carlson said it is
important to determine what will be an appropriate reserve for
milfoil. The $50,000 annual allocation for equipment acquisition
outside of the budget will have an effect on the milfoil reserve.
It is also noted that the milfoil equipment reserve is dedicated
to equipment acquisition from privately raised funds, and not
operations.
Carlson said Tonka Bay and Orono have expressed objections
.'to the proposed budget. Tonka Bay is concerned about the pro-
posed 4% salary increase. Victoria offered no objection to the
budget.
MOTION: Carlson moved, Hurt seconded, to approve 6/18/93
revised the 1994 draft budget with the following changes in the
revised draft:
Line 1LMCD Communities Admn. Levy + $25,000 to $103,500
Line 2 Reserve Fund Allocation - $25,000 to -o-
Line 9 c Milfoil Private Solicitations - $20,000 to $10,000
Line 9 d Milfoil Reserve Fund Allocation + 20,000 to $47,000
VOTE: Motion carried unanimously.
LMCD BOARD OF DIRECTORS June 23, 1993
Johnstone said a detailed explanation of the budget should
accompany the presentation to the cities. Penn said it should
include information about the lack of secure funding from Henne-
pin County and milfoil contributions. An analysis of the reserve
funds should be included. Carlson offered to develop an outline
with LMCD staff.
AGENDA AMENDMENT
Chair Cochran amended the agenda to consider new business.
Hennepin Parks - LCMR Grant Application
The executive director reported Hennepin Parks has submitted
a matching fund grant application to the Legislative Commission
on Minnesota Resources (LCMR). The funds will be used to monitor
surface water runoff from golf courses.
John Barten, Hennepin Parks Water Quality Manager, in a
letter dated 6/15/93, inquired about the LMCD interest in assist-
ing Hennepin Parks in reaching the matching funds. Barten was
present and said there will be cooperation from the Hennepin
Conservation District and Minnesota Golf Course Superintendents
Association.
MOTION: Hurr moved, Rascop seconded, to appropriate $2,500
from the Save the Lake Fund to be used by Hennepin Parks toward
the funds it needs to meet the requirements of the LCMR to match
a grant of $49,000 for monitoring surface water runoff from golf
courses.
VOTE: Motion carried unanimously.
FINANCIAL REPORTS, Treasurer Carlson
A. MOTION: Carlson moved, Hurt seconded, to accept the
Statement of Cash Transactions for March 1993 and order it filed.
VOTE: Motion carried unanimously.
B. MOTION: Carlson moved, Hurr seconded, to approve pay-
ment of bills in the amount of $25,711.22, Checks No. 9199
through 9282, and payroll checks No. 1059 through 1069, with
check #9198 voided.
VOTE: Motion carried unanimously.
EXECUTIVE DIRECTOR REPORT
A. The Special Event calendar for July was distributed.
B. The Meeting Schedule for July was distributed. The
executive director said the Lake Use and Recreation Committee has
suggested a change in meeting date.
The Board agreed to change the Lake Use and Recreation
Committee meetings to 5:30 PM, on the Monday at least 8 days
before the Board meeting. The Lake Access Committee will meet
following the Lake Use and Recreation Committee meeting when so
scheduled.
II 1, ! I, I~ I I
LMCD BOARD OF DIRECTORS June 23, 1993
ADJOURNMENT
Chair Cochran declared the meeting adjourned at 11:25 PM.
David Cochran? Chair
Douglas Babcock. Secretary
I I 1, I I, ,t i
JUL 2 6 1993
LAKE MINNETONKA CONSERVATION DISTRICT
Emergency Meeting
7:30 pm, Thursday, July 15, 1993
Norwest Bank Bldg., Rm 135
CALL TO ORDER:
The meeting was called to order by Vice Chair Penn at
7:40 pm.
ROLL CALL:
Members Present: Thomas Penn, Vice Chair, Tonka Bay;
Scott Carlson, Treasurer, Minnetrista; William Johnstone,
Minnetonka; Duane Markus, Wayzata; Robert Rascop,
Shorewood; Robert Slocum, Woodland; Staff Present: Legal
Counsel David Kennedy, Executive Director Gene Strommen,
Administrative Technician Rachel Thibault; Hennepin County
Sheriff's Water Patrol Deputy Chief Ovid Laberge, Sgt.
William Chandler.
Members Absent: David H. Cochran, Chair, Greenwood;
Douglas Babcock, Secretary, Spring Park; Mike Bloom,
Minnetonka Beach; Albert Foster, Deephaven; James Grathwol,
Excelsior; JoEllen Hurr, Orono; George Owen, Victoria; Tom
Reese, Mound;
CHAIR INTRODUCTION ON THE PURPOSE AND PROCEDURE FOR THIS
EMERGENCY MEETING: Vice Chair Penn announced that this
emergency board meeting was called to consider action
· appropriate to the extraordinary high water levels on Lake
Minnetonka to protect the shoreline and water structure
property from wake damage caused by boat speeds and certain
boat activities. The meeting procedure will invite comments
from representatives of municipalities, agencies and citizen
organizations, followed by individuals. The board will then
evaluate lake level conditions and problems identified at
this meeting in making a recommendation.
LMCD STAFF BACKGROUND ON THE CURRENT HIGH WATER PROBLEMS:
Strommen reviewed a Water Level report prepared 7/15/93
citing lake level readings from 5/3/93 to 7/13/93. Watershed
information and weather forecasts were included in the
report. A Six Month Precipitation Record prepared by the
Minnehaha Creek Watershed District was also presented with
readings through 7/14/93. Also provided the board and public
was a copy of a 7/6/93 City of Prior Lake Ordinance No. 93-20
amending High Water Speed Limitations to control boat wakes
on Prior Lake, limiting areas of the lake to snow/no wa]ce
speed as may be imposed by the sheriff.
PUBLIC COMMENT:
Tom LaBounty, Minnehaha Creek Watershed District, reviewed
the water flow over the Grays Bay earthen spillway at 75 cfs
and through the control structure at 75 cfs. Once the water
level ceases to flow over the spillway, the control structure
LMCD BOARD OF DIRECTORS, P. 2 July 15, 1993
flow will be increased up to 150 cfs, possibly more if the
downstream creek flow can safely handle the flow. The
spillway level is 930.00', with a small portion presently
eroded by foot traffic to 929.85' This low spot is set for
repair. Each of the three control gates can release a
maximum of 200 cfs. LaBounty notes that warm winds can
evaporate more water than the current flow rate. At the
present release rate, the lake will be lowered by 0.62' in
30 days. The lake level drop is also influenced by further
precipitation and run-off from wetlands and stream inflow
which presently are in a saturated/high-flow condition.
Nancy Check, Minnetonka Beach, presented a city council
resolution for minimum speed & wake off the eastern shore of
Huntington Point from the Arcola Bridge south along the shore
to the tip of Huntington Point with Slow, Minimum Wake buoys.
Jennifer Dotzenroth, Lake Minnetonka Lakeshore Owners Assn.,
(LMLOA), presented a resolution urging the board to adopt a
resolution declaring "high water conditions/elevation --
minimum wake" in effect.
David Dotzenroth, pilot, clear Air, Inc., reported seeing
twelve homes in the last 24 hours with water up to the door
in Tonka Bay and other areas. Evidence of soil erosion and
silting in lake shore waters was also observed.
Jerry Rockvam, mayor, Spring Park, presented a city council
resolution opposing a complete no-wake zoning of the entire
lake due to mechanics of control and enforcement.
Sgt. Bill Chandler reported the Water Patrol has one patrol
boat assigned to the Seton/Black Lake quiet waters area. The
patrol has a resource of up to ten boats available but it has
personnel for only five of them. Chandler expressed concern
for selecting areas for minimum wake which cannot be clearly
identified as to the area boundaries for enforcement.
Mark Brenneman, North Shore Drive Marina, pointed out that
the flood "level" for the lake is 931.5' with the water
level being more than a foot below that ~evel. It is
Brenneman's understanding that at the present 150 cfs release
rate at the dam the lake level will be lowered at the rate of
0.62' in 30 days. He believes that the need for emergency
action is not necessary, that wind action does as more shore
damage than boat wakes. He said accesses should be posted to
encourage voluntary boater cooperation with minimum wakes.
LaBounty continued that Grays Bay, already posted for minimum
wake on Saturdays and Sundays, is virtually ignored by most
boats. When the Water Patrol is present, compliance takes
place, but when they leave the open throttle begins again.
LMCD BOARD OF DIRECTORS, P. 3 July 15, 1993
James Mulvanny, Orono, cited a floating bog problem in North
Arm which he and neighbors try to keep from floating away.
Duane Markus raised a point of order on continuing the public
testimony on this subject if the board cannot take any action
due to a lack of quorum. Penn responded that the information
by persons present is still valuable and he believes the
board members should continue to hear their concerns.
Carol Laybourn, Tonka Bay, called the current lake level a
crisis situation. She believes Lake Minnetonka residents
should rally together to restrict lakes.
Ron Glesne, LMLOA, suggested that the money spent on milfoil
harvesting be used to fund new rip rap for lakeshore
properties.
LaBounty offered bICWD help in counseling with LMCD on lake
level conditions and on whatever restrictions the board deems
appropriate during the high water conditions. He added that
the control structure Operating Plan does not include fully
opening the flood gates (to the full 200 cfs per section).
Gabriel Jabbour, Tonka Bay Marina, suggested lake users be
educated as to the problem by hanging banners from channel
bridges asking their cooperation. He cited Big Island as
having considerable shore erosion, especially near the
Veterans Camp. Jabbour also called attention to a Weekly
News article which cites a DNR recommendation which calls for
making all lakes 500 acres or smaller minimum wake and for
larger lakes a 600' minimum wake shore zone.
Markus supported Jabbour's banner proposal, recommending
funding be found to purchase them. Jabbour offered to match
any amount raised for this purpose.
Chief Laberge cautioned that city sign ordinances be checked
before purchasing and installing banners on bridges or
elsewhere.
Rockvam as]ted if the open meeting law was being violated as a
result of the short notice under which this meeting was
called. Kennedy responded that as an emergency meeting, the
full requirements of the open meeting law have been met.
Ed Callahan, Orono mayor, spoke in support of an ordinance
which would cover the whole lake rather than parts of the
lake. This ~ould result in better public understanding-
Chandler resp6nded to the question of how the Water Patrol
would enforce a total lake minimum wake condition by
indicating their patrol boats would observe the minimum wake
LMCD BOARD OF DIRECTORS, P. 4
July 15, ]993
speed for routine enforcement purposes, exceeding it only for
emergency purposes -- namely public safety enforcement,
concerns.
Gary DeSantis, Sailor's World Marina, noted that the
displacement of 30' to 40' boats are most prone to producing
significant wakes. He offered his marina's cooperation to
assist the Water Patrol however needed.
Johnstone noted his favor for an ordinance making the entire
lake a no-wake zone. He would ask that staff get it
published it immediately. He further supports funding to
provide more patrol time for the Hennepin County Sheriff's
Water Patrol.
Kennedy responded to a question on the timing of enforcing a
new ordinance by citing state law which allows an ordinance
to be effective upon adoption.
Carlson recommended that the attorney be instructed to draft
two ordinance possibilities, one calling for minimum wake for
the entire lake, and another for minimum wake extending 600'
from shore, with a provision allowing the Water Patrol an
exemption from complying with the minimum wake restrictions.
Board members then discussed various public education means
to communicate the regulations which may be adopted, such as
signs at public and marina accesses, banners on bridges,
flyer hand-out at accesses and distribution at marinas, bait
shops and other boater outlets. Naegele may provide a
billboard at no charge. An audible "honk" on boat horns to
remind other boaters when their wake is not minimum.
ADJOURNMENT
Penn moved, Slocum seconded that this meeting be adjourned
until 7:30 am, Saturday, July 17, at the Norwest Bank
Conference Room !35, 900 E. Wayzata Blvd., Wayzata, b~N.
Motion carried unanimously at 9:35 pm.
David Cochran, Chair
Douglas Babcock, Secretary
JUL p. 6 1993
LAKE MINNETONKA CONSERVATION DISTRICT
Emergency Meeting
Continuation of July 15, 1993 Meeting
7:30 am, Saturday, July 17, 1993
CALL TO ORDER:
The meeting of the Board of Directors was called to
order by Chair Cochran at 7:35 am.
ROLL CALL:
Members Present: Chair David Cochran, Greenwood;
Treasurer Scott Carlson, Minnetrista; Mike Bloom, Minnetonka
Beach; Albert Foster, Deephaven; James Grathwol, Excelsior;
JoEllen Hurr, Orono; William Johnstone, Minnetonka; Duane
Markus, Wayzata; Robert Rascop, Shorewood; Tom Reese, Mound
Robert Slocum, Woodlund; Staff present: Legal Counsel David
Kennedy, Executive Director Gene Strommen;
Members Absent: Secretary Douglas Babcock, Spring Park;
George Owen, Victoria; Tom Penn, Tonka Bay
CHAIR INTRODUCTION. Cochran noted from the approximately 25
persons in the audience that public comments would again be
invited, some persons attending for the first time.
Jerry Rockvam, mayor, Spring Park, asked that the 7/15/93
minutes be corrected to show his statement as being that of
the city council based upon its resolution.
Nancy Check, council member, Minnetonka Beach, asked that the
reference to their resolution include placement of Slow,
Minimum Wake buoys in the channel along the east shore of
Huntington Point.
Jennifer Dotzenroth, Lake Minnetonka Lakeshore Owners Assn.,
reiterated the resolution presented at the 7/15 meeting.
Gabriel Jabbour, Orono, asked that the board consider the
capability of the Hennepin County Sheriff's Water Patrol to
enforce whatever form of ordinance it may adopt.
Robert Abdo, mayor, Minnetonka Beach, emphasized the high
water concerns of the neighboring city shoreline properties
and the urgency of the need for their wake protection.
Lee Fischbach, Orono, recommended that the public boat launch
accesses be closed during this high water period.
Mark Brenneman, North Shore Drive Marina, believes shoreline
owners have the responsibility to protect their shoreline.
He noted during a recent cruise on a 34' -- 14,000 pound
cruiser that its wake dissipated before reaching shore.
Foster asked if there was data to reinforce the 600' distance
from shore that the DNR recommended for wake control.
LMCD BOARD OF DIRECTORS, P. 2
July 17, 1993
Tom Maple, board of managers, Minnehaha Creek Watershed
District, pointed out that the current lake level of 930.30'
is not considered an emergency. Downstream problems on
Minnehaha Creek do exist. The level below 931.5' is in the
floodplain. Structures below 931.5' are subject to flooding
or water damage in the case of shoreline rip-rap or retaining
walls. Maple sees the future of Lake Minnetonka to be more
subject to high water levels and the need for protection of
property to the 931.5' floodplain level.
Maple continued that changes in the control structure level
and the related 929.4' ordinary high water level for the lake
would have to be done by the courts. He compared the present
control structure to draining a bathtub with a straw. He
reassured the audience that the dam is intact at Grays Bay
and the Mill Pond. Planning for high water in the future
will likely involve public and private money. Right now the
problem is for a short term program to protect the lake from
erosion.
Moore believes the lake shore has to be protected higher than
the 931.5' level due to wave action of large watercraft. He
sees rip rap up to 932.0' is being eroded at this time.
Kennedy reviewed the draft ordinance relating to the
operation of watercraft during periods of high water, with
options. Option 1 called for regulating the entire surface
area of the lake. Option 2 called for regulation of certain
named bays and portions of the lake and the surface area of
the lake within a distance of 600 feet of the shoreline.
Definitions, a general rule and high water declaration were
included.
Board members discussed the various aspects of the wake
problem, how it can best be enforced, and the pros and cons
of total minimum wake restriction vs. partial. The level at
which the high water emergency should be declared was also
discussed. Straw votes were taken on the various options
assisting the board in arriving at the following motions:
Carlson moved, Johnstone seconded to waive all readings and
adopt An Ordinance Relating to the Operation of Watercraft
During Periods of High Water, amending LMCD Code with the
draft Ordinance as presented by Kennedy, declaring High
Water as a lake elevation of 929.8' Mean Sea Level (MSL) and
identifying the Regulated Area to mean bays under 300 acres
and the surface area of the lake within a distance of 600
feet of the shoreline, the bays under 300 acres being Emerald
Lake, Libb's Lake, Seton Lake, Echo Bay, Bay St. Louis,
Black Lake, Coffee Cove, Big Island Passage, Robinson's Bay,
Tanager Lake, Forest Lake, Veteran's Bay, Carson's Bay,
Excelsior Bay, Old Channel Bay, Smithtown Bay, Priest's Bay,
II 1, I I .... '
LMCD BOARD OF DIRECTORS, P. 3 July 17, 1993
St. Alban's Bay, Gray's Bay, stubb's Bay, Harrison's Bay,
Carman's Bay, Jenning's Bay and Smith's Bay.
Upon discussion o~ the motion, the high water lake level was
questioned, but resolved as suitable at 929.6'
Moore moved, Rascop seconded, to amend the motion to include
in the regulated area the east shore of Huntington Point from
the channel buoys to the tip of Huntington Point to include
making the channel a minimum wake. The motion failed.
Hurr moved, Rascop seconded to authorize the executive
director to place temporary slow buoys in lake areas as
deemed necessary. The motion carried.
Rascop moved, Carlson seconded, to change the word "speed" to
"wake" in subd. 1, line 8; Subd., 4.a), line 2 and Subd. 4.c)
line 3. Motion carried.
Rascop moved, Carlson seconded, to include language from Code
Sec. 3.02, subd. 3 which exempts the Water Patrol and
seaplanes from the wake restrictions. Motion carried.
FUNDING. Johnstone moved, Rascop seconded to authorize the
LMCD chair to allocate $4,000 in Save the Lake funds for
expenditures relating to public information, education and
additional Water Patrol service during the period of the new
wake regulation.
The motion discussion resulted in a number of suggestions for
mailings, signs and symbols to help call the new regulations
to the boating public's attention. The executive director
made note of the ideas offered. Gabriel Jabbour, Orono,
offered to match the expenditures spent on information and
education.
The motion carried.
ORDINANCE EFFECTIVE DATE. Kennedy reaffirmed that this
ordinance is effective upon adoption at this time.
ENFORCEMENT. Staff was asked to monitor enforcement reports
as a result of this new ordinance.
ADJOURNMENT. There being no further business, Cochran
declared the meeting adjourned at 9:35 am.
David Cochran, Chair
Douglas Babcock, Secretary
Action Report:
Meeting:
il D JUL 2. 6 199
LAKE MINNETONKA CONSERVATION DISTRICT
DRAFT
Water Structures Committee
7:30 AM., Saturday, July 10, 1993
Norwest Bank Building, Wayzata. Room 135
Members Present: Douglas Babcock, Chair, Spring Park; James
Grathwol. Excelsior; Robert Slocum. Woodland. Duane Markus,
Wayzata and Robert Rascop, Shorewood, arrived as noted. Also
Present: Rachel Thibault, Administrative Technician; Eugene
Strommen, Executive Director.
1. Stocks Side Setback Variance Application, Halsteds Bay, Mound
The committee received the Findings of Fact and Order re-
garding the application for a variance from Thomas and Roma
Stocks. Babcock observed that the Findings and Order are com-
plete in explaining why this variance applies to this one site
only. Two corrections in typing will be made.
MOTION: Slocum moved, Grathwol seconded, to recommend to the
Board that the Findings and Order approving the variance for
Thomas and Roma Stocks, under the conditions in the Order, be
approved.
VOTE: Motion carried, Babcock voting nay.
A copy of the Findings and Order was supplied to Robert
Floeder, 3027 Bluffs Lane, owner of a similar lot in the develop-
ment.
Markus and Rascop arrived during the following discussion.
2. Lakeside Marina, Inc., Maxwell Bay, Orono
James Dunn, owner of Lakeside Marina, Inc. (Lakeside),
presented his comments regarding the conditions placed on Lake-
side's 1993 multiple dock license in light of the 6/23/93 Board
hearing. The Conditions require that the licensee shall maintain
books and records sufficient to establish that Lakeside launching
facilities are not being used in conjunction with any of the
watercraft parked or stored on land at the marina. That launch-
ing is referred to as "in and out"
Dunn asked the committee to come up with a more specific
definition of "in and out". He said there are a number of mari-
nas which have many boats being launched each day as the result
'of servicing, sales or dry storage. The most activity at Lake-
side is in the spring and fall. Dunn says he has limited park-
ing.
Dunn said it appears to him that the Board took the position
that he is in total violation. He said he has a portion of his
property in a "do it yourself" maintenance area which may also be
considered dry storage.
Babcock said the primary concern of the LMCD is the boats
being stored on land, overnight, for the purpose of being put in
and out of the Lake for the marina customer. The purpose of the
I I 1, ! I, ,1~ I I
WATER STRUCTURES COMMITTEE
July 10, 1993
dry stacking (off-lake Storage) ordinance is to control density.
In the case of Lakeside, the grandfathered density is more than
1:10' By adding in and out storage at the site, the density is
being increased. The District is not attempting to regulate the
boats there for service or winter storage, or the boat which is
launched but not kept over night. The LMCD concern, in the case
of Lakeside, is the boats being stored on land, all season, for
in and out use on the Lake.
Dunn said when Lakeside was actively involved in retail
sales the boat storage density on land was greater. Any boat for
sale could be in and out many times in a day for demonstration
purposes. Lakeside now is primarily a brokerage and service
operation and does not create the density of a public access or
"for pay" launch site.
Dunn said he has talked to the MnDNR and other marina opera-
tors regarding dedicating 5 - 10% of their parking to the public
for car-trailer parking. Marina operators are concerned about
the large number of boats accessing the lake at public launching
sites that are, in essence "in and out" by use of off-lake marine
operators. There is no control or management of those activi-
ties. It is his belief that the density at the on-lake marinas
can be regulated by allocating the available parking to service,
sales and slip customers.
Babcock agreed that the launching by off-lake commercial
operations is a problem to be addressed. The LMCD does not
control on shore parking, except as it relates to the number of
slips at a marina.
Dunn said he would like the same density as other marinas
licensed for off-lake storage, if he can satisfy the City of
Orono. The marinas with off-lake storage racks applied for
licensing at the time of "grandfathering", whereas the marinas
with dry storage in the parking lots did not. It is his under-
standing he is not allowed a variance because of his grandfa-
thered status.
The executive director asked Dunn where the Code is not
specific to his case. Dunn responded, it is not specific as to
what is allowed. Rascop said there should be no discussion of
other issues until the issue of the conditions is satisfied.
Babcock clarified the purpose of this meeting as 1) to
address the violation of the Code and 2) to review the conditions
placed on the Lakeside 1993 license. A less burdensome method of
monitoring could be discussed. The new concerns raised by Dunn
can be discussed in the future.
Grathwol said it is clear there is a need to obtain informa-
tion to show compliance without getting involved in proprietary
matters or the business operation. Reference was made to the
3/26/93 letter to Dunn outlining the conditions for verification.
Babcock suggested requiring that the books and records
available to the District contain the watercraft registration
number or name of the watercraft, if a documented boat, of all
boats stored on land.
WATER STRUCTURES COMMITTEE July 10, 1993
Dunn said he could walk the property right now with Thibault
and give her the status of each boat. He has already made ar-
rangements for the boats that the District would classify as "in
and out" to be moved to a neighboring operation.
MOTION: Grathwol moved, Rascop seconded, to recommend to the
Board to proceed with prosecution on the existing violation, sub-
ject to James Dunn being in compliance with the code by the
7/28/93 Board meeting and to amend the license conditions out-
lined in the District's 3/26/93 letter to Dunn, to show that the
records shall include the MN number, or name and port of call for
documented boats, for identification of all boats stored on land.
DISCUSSION: Dunn said he is in the process of obtaining addi-
tional financing. Putting restrictions on the Lakeside license
could present a problem. He feels this is not consistent with
licensing of other marinas.
Grathwol said the District is in an enforcement situation.
When Lakeside is in conformance with the Code, the restrictions
could be removed for next year.
VOTE: Motion carried unanimously.
Orathwol observed that Dunn has raised issues about off lake
marinas, dry stacking and about the use of public launch facili-
ties by private commercial interests to give advantages over
other private operators by free use of public facilities. Grath-
wol said the committee and Board should address those issues.
3. Gideons Point Homeowners Assoc., Gideons Bay, Tonka Bay
Babcock reviewed the Gideons Point Homeowners Association
(HOA) variance application and new dock license application. The
Findings and Order denying the variance on the east end of the
property was approved. The variance for a 112' on the Outlot on
the west end was approved subject to a site plan showing the dock
on the outlot and the docks on Lots 1 - 12. The applicant,
Thomas Wartman, has not submitted a site plan which conforms to
the dock configuration approved in this new Order. Babcock
suggested a time limit of thirty days be placed on submission of
a site plan conforming to the Board action.
Markus asked, if Wartman does not comply can the District
rescind the action on the 112' dock on the Outlot. Rascop be-
lieves if the site plan is not submitted the HOA does not have
the 112' dock, they are limited to what they had in 1985. Grath-
wol said there would have to be a reason to rescind the variance.
4. Navarre Cove Homeowners Assoc.,Carmans Bay, Orono
The committee received a memo from Thibault, dated 7/2/93,
explaining that the Navarre Cove Homeowners Association (HOA) is
licensed for six boat storage units at three "stick" docks 25'
long. The applicant has submitted a new site plan to change the
docks from 25' to 44' to reflect the dock lengths currently in
place.
! I 1, I I, ,t I.I
WATER STRUCTURES COMMITTEE
July 10, 1993
LMCD staff recommends appPoval of the change in length.
There are no canopies on the docks. The docks do not interfere
with navigation in the lagoon as the shoreline is concave at this
site. The docks are within the authorized dock use area for the
Outlot, as well as the entire shoreline under control of the HOA.
MOTION: Babcock moved, Rascop seconded, to recommend approval of
the Navarre Cove Homeowners Association revised site plan to
change three stick docks from 25' to 44' for 6 Boat Storage Units
as recommend by the LMCD staff, conditioned upon a copy of the
Association's documentation of its rights to the shoreline be on
file with the LMCD.
VOTE: Motion carried unanimously.
5. Unrestricted Watercraft Storage
The committee received a memo, dated 6/7/93, from Thibault
containing a proposal for regulating unrestricted watercraft at
commercial marinas or yacht clubs, where boat storage space is
rented. This is a follow up to the 5/21/93 memo to the Board
from the committee listing unrestricted watercraft ordinance
amendment options.
Babcock called for discussion on the recommendation that
unrestricted watercraft which provide a service to the public be
exempt from being counted at multiple dock licensed facilities.
The recommendation included an upper limit on how many unre-
stricted watercraft could be stored, suggested to be 1 boat per
10' of shoreline. Examples are the rental fishing boats used as
an amenity at Rockvam Boat Yards and the prams for the sailing
school at the Wayzata Yacht Club. The most probable place for
that type of activity would be an existing marina.
Markus said in his opinion density is density. There would
have to be restrictions on when the boats would be available for
use. He suggested weekdays only. Markus asked how the Universi-
ty of Minnesota sailboats at the Wayzata Yacht Club would fit in
as they are used by a private organization, not the general
public. Babcock said that use would be classified as education-
al. There would have to be an upper limit at any given site.
Babcock said if this were to be done there may be a limita-
tion to use on weekdays only. That would be an option open to
the Board on a case to case basis.
The committee discussed the unrestricted watercraft ordi-
nance amendment options forwarded to the Board from the committee
on 5/21/93.
Grathwol said. as amenities are only required for special
density licensees, a code amendment for unrestricted watercraft
required as an amenity could be exempt. This could also apply to
grandfathered licensees. Rascop said perhaps this increase in
density could bring grandfathered docks into conformity and
require they supply amenities. Babcock could not foresee any
grandfathered licensee coming in for a special density license.
Thibault said this ordinance review should also include off
lake storage, such as canoes on a rack, at commercial and resi-
dential properties.
WATER STRUCTURES COMMITTEE
July 10, 1993
Babcock said this is not intended as a method to increase
density. He suggested that for multiple dock licensed marinas
there could be allocated "x" number of boats on the lake. That
could also be done for municipalities and homeowners associa-
tions. That would supply a number for each classification to be
placed in a pool and allocated on existing numbers. If there is
a reduction in the number of any classification the pool would be
filled from the existing licensees on a lottery or drawing.
Rascop said that would require a pool for non-multiple dock
riparian land.
It was decided this would be a radical change. There would
be enforcement problems.
Babcock returned the discussion to the issue before the
committee. He recommended unrestricted boats be excluded from
the count if the applicant can show they are for a public use.
Rascop said that would require a definition of public use.
Rascop also questioned whether public use would have to be free.
Thibault wondered how boat clubs would fit into the definition.
Grathwol said he would be willing to recommend drafting an
Ordinance to make the changes in the 5/21/93 letter. Slocum
asked if the Chair would want another meeting of the sub-commit-
tee to review the concept and add to it.
Rascop suggested taking a percentage of the existing storage
and using that for a cap. Babcock said that would favor the
grandfathered docks. Rascop said there could be the 1 to 10'
requirement or a percentage of the existing storage, using the
lesser number. Babcock suggested a maximum of 25 unrestricted
watercraft or the 1 to 10' requirement if less than 25.
The committee accepted the executive director's suggestion
that staff be allowed to redraft a plan, going over the memo to
simplify it, looking at the long term effect on boat density.
Slocum suggested the 5/21 memo be the guideline.
6. Excelsior Park Tavern Amenities, Excelsior Bay, Excelsior
The executive director reported that an inspection shows
that the swimming pool amenity for public use is not in effect.
The four charter boats required as an amenity have not yet been
licensed.
The licensee says they have contacted the Water Patrol to
schedule inspections of the boats within the coming week. It is
believed the boats will be licensed by the July Board meeting.
The licensee has offered an alternative to the swimming pool
amenity. They would provide free charter boat excursions to
handicapped or under-privileged community groups as an exchange
of amenity. At the season end they will give the LMCD a written
summary of the excursion activity. This amenity has comparable
public value as the swimming lessons.
Rascop said he has observed that the dock at the Excelsior
Park Tavern is not in good repair. Ice damage has caused uneven-
ness. Thibault and Strommen said their inspections did not show
major problems but they will re-inspect it. Babcock said all
docks should be in good repair. He said there should be an
ordinance which governs them.
13./
WATER STRUCTURES COMMITTEE July 10, 1993
MOTION: Rascop moved, Markus seconded, to recommend the Board
direct staff to amend the Excelsior Park Tavern license to re-
flect the trade in amenities from the use of the swimming pool
for swim lessons, to the provision of free charter boat rides to
community groups, with a report of activity at the end of the
season.
VOTE: Motion carried unanimously.
7. Wakes
The executive director distributed a public information
release regarding the need to reduce wakes because of the high
water.
8. Boulder Bridge Homeowners Association
Thibault reported the new president of the Boulder Bridge
Homeowners Association does not want to make a new application.
Babcock said a letter should be sent to the association
advising them that the application has to be acted on in some
way. Renewal of the existing license does not close the matter.
Rascop asked that a copy of the letter be sent to the City
of Shorewood.
Adjournment
Chair Babcock declared the meeting adjourned at 9:50 AM.
FOR THE COMMITTEE:
Eugene Strommen, Executive Director
Douglas Babcock, Chair
Action Report:
Meeting:
JUL 2. 6 1993
LAKE MINNETONKA CONSERVATION DISTRICT
DRAFT
Lake Use and Recreation Committee
5:30 PM., Monday, July 19, 1993
Norwest Bank Building, Wayzata, LMCD Office
Members Present: Bert Foster, Chair, Deephaven: Mike Bloom,
Minnetonka Beach; James Grathwol, Excelsior; Tom Penn, Tonka Bay;
Robert Rascop, Shorewood. Also Present: Rachel Thibault, Admin-
istrative Technician; Eugene Strommen, Executive Director.
High Water Level
The executive director distributed the following:
* Copies of LMCD Ordinance No. 126, An Ordinance Relating
to the Operation of Watercraft During Periods of High Water;
Amending LMCD Code by Adding a Section, adopted by the Board on
7/17/93.
* A flyer announcing the Minimum Wake Restriction for Lake
Minnetonka effective as of July 17, 1993 with a map of the Lake
.showing the bays declared "Minimum Wake"
* A draft proposal of the costs involved in informing the
public of the temporary Minimum Wake restrictions.
The committee discussed the flyer. The flyer should be
printed on heavy paper stock. The Lake Minnetonka Lakeshore
Owners Association (LMLOA) members should be asked to assist in
distributing the flyers at launch areas. Strommen reported this
was done by LMLOA members Sunday, July 18. Investigate the
possibility of using the LMLOA mailing list for a direct mailing
to lakeshore owners. The bay identification numbers from the map
should be indicated on the flyer for the respective bays listed.
Denis Bailey, Hennepin County Lake Improvement, will deter-
mine how far out the channel markers could be moved to give
adequate deceleration space to meet the 600' requirement.
The proposed cost of $3,750 for Water Patrol supplemental
service is for extra full time licensed deputies at an overtime
rate of $37/Hour. Rascop suggested there may be some former
Water Patrol deputies who could be called into service if they
meet the Sheriff's requirements. Penn suggesting going all out
with the two extra boats/deputies for the first two weekends and
then cutting back if necessary. Rascop and Bloom suggested
having volunteer Special Deputies in boats at the Narrows and
Arcola Bridge to be an indication that the Sheriff's Water Patrol
is present.
The executive director said the Minnehaha Creek Watershed
District estimate is that it will take until at least early
August for the Lake to go down to 929.8', depending on precipita-
tion. '
Grathwol suggested keeping in touch with the Water Patrol to
obtain the reaction of the public to the minimum wake ordinance.
The executive director said he will stay within the $4,000
budget approved by the Board. If necessary a supplemental re-
quest for funds will be presented to the Board at the ?/28/93
meeting.
The committee decided aerial banner flights are not desira-
ble.
I ! 1, ! I, ,[ I ~
LAKE USE AND RECREATION COMMITTEE
July 19, 1993
The committee discussed various wordings for the signs to be
displayed at public accesses. The following wording was agreed
on:
SIGN COPY #1
High Water Emergency
Minimum Wake
600' From Shore
SIGN COPY #2
High Water Emergency
Minimum Wake
Entire Bay
MOTION: Foster moved, Grathwol seconded, to support the plan as
presented by the executive director with changes on the flyer as
noted, the LMCD Ordinance reference to be on the signs.
VOTE: Motion carried unanimously.
The executive director will follow through on Penn's sugges-
tion that affected Special Event licensees be advised of the
Ordinance.
2. Decibel Level Ordinance Amendment
The executive director reported Charles LeFevere, LMCD
Counsel, is preparing the amendment to the Code regarding decibel
levels on the Lake, as directed by the Board. LeFevere will
review the action to be sure it is not pre-empting any state
laws. The committee would like a memorandum from LeFevere re-
garding the ordinance's legality.
3. MnDNR Shore Fishing Site Improvement
The executive director reported the plan for a shore fishing
site at Coffee Cove has been presented to the Spring Park City
Council. The Mayor questioned the hard cover within 50' of the
shoreline. In reality, Strommen noted, the present use has at
least equal hardcover as the improvements proposed. The plan
will reduce the number of cars that will park in the area from
· about 20 to 14 to 16, making it orderly. There will be a level
area with a large rock wall at the shoreline. Handicapped will
be accommodated.
The Spring Park Council wants to look at the site before
taking action. MnDNR funds are committed to the project, cost
estimate being $30,000.
Rascop was excused.
4. 'Boat & Water Safety Education Program
Foster reported the administrative technician is re-working
the boat and water safety education program to meet requirements
of the county probation officer staff.
LAKE USE AND RECREATION COMMITTEE
July 19, 1993
5. Special Events:
A. New Special Events (Info only)
1) Bell Industries Dealer Fishing Tournament
Wednesday, 8/25/93
B. Renewal Special Events (info only)
1) Westonka MDA Bass Fishing Tournament
Sunday, 7/25/93
C. Deposit Refunds
MOTION: Penn moved, Bloom seconded, to recommend approval
of $100 deposit refunds to each of the following:
1) Minnetonka Bass Classic, June 5, 1993
2) IN Bass Tournament, June 6, 1993
3) Mound City Days Fireworks & Water Ski Show, 6/20/93
VOTE: Motion carried unanimously.
6. Sign up to Ride with Water Patrol Evening/Weekend Patrols
Thibault said committee members are to call the deputy on
duty, 471-8528, to make arrangements to ride with the Water Pa-
trol. Rascop, Bloom and Foster said they were ready to ride
during the high water emergency.
7. Water Patrol Report
The executive director reported the Water Patrol will no
longer have a representative at LMCD meetings.
A. Monthly Activity Report
The committee received a report of the significant activity
on Lake Minnetonka since the LMCD Board meeting of 6/23/93 and
the weekly charter boat update of inspections from 4/28/93
through July 10, 1993. The reports will be forwarded to the
Board.
Before leaving, Rascop said he has talked to Chair Cochran
about making an effort to solve any misunderstandings which have
arisen between the Water Patrol and the District. Penn said he
will encourage Cochran to arrange a meeting with Chief LeBerge
and other sheriff officials.
8. Adjournment
Chair Foster declared the meeting adjourned at 6:40 PM.
FOR THE COMMITTEE:
Eugene Strommen, Executive Director
Bert Foster, Chair
! ·
I, I~
JUL 6 1993
United States Deparunent of the Interior
FISH AND WILDLIFE SERVICE
Washington, D.C. 20240
AI)DRL%$ ONI,Y~E DI~(~OR
~SH AND ~ql~[~i SER~qCE
In Reply Refer To:
FWS/FDSP
= Fo
TA~E~
I
FWS/FDSP/93222
·
Mr. Edward J. Shukle, Jr.
City Manager
5341 Maywood Road
Mound, Minnesota 55364
Dear Ed:
May we extend our hearty congratulations for a job well done.
The July 1 event in Mound was a fine example of all elements of a
community pulling together toward a common goal. Having had
first-hand experience in the difficulties of staging these events
makes our appreciation all the more sincere.
Ed, we have had many positive reports on your total commitment
and involvement in the preparations, and we wanted to be sure to
thank you specifically. We feel we've made a new friend in the
city of Mound.
Thank you for your support of the Federal Duck Stamp Program and
our artist of the year, Bruce Miller. You never know when we may
be calling on you again; Bruce is a very gifted artist!
Robert C. Le~ino
Chief,
Federal Duck Stamp Program
I I ti
Who Is Affected? (see map)
The rule applies to contractors making shoreline improvements within the Minnehaha
Creek Watershed District, which covers 188 square miles in Hennepin and Carver counties.
All or portions of 30 communities are contained in the District: Chanhassen, Deephaven,
Edina, Excelsior, Golden Valley, Greenwood, Hopkins, Independence, Laketown, Long Lake,
Maple Plain, Medina, Minneapolis, Minnetonka, Minnetonka Beach, Minnetrista, Mound,
Orono, Plymouth, Richfield, St. Bonifacius, St. Louis Park, Shorewood, Spring Park, Tonka
Bay, Victoria, Waconia, Watertown, Wayzata, and Woodland.
The District covers a wide band along Minnehaha Creek from upstream of Lake
Minnetonka to the creek's outlet at Minnehaha Falls. Rule M applies to the creek, Lake
Minnetonka, and 108 other lakes. In Hennepin County, these include Calhoun, Cedar,
Christmas, Dutch, Forest, Gleason, Harriet, Isles, Katrina, Langdon, Little Long, Long, and
Nokomis lakes. In Carver County, they include Auburn, Lunsten, Marsh, Minnewashta,
Parley, Schutz, Stieger, Stone, Virginia, Wasserman, and Zumbra lakes. Many smaller lakes
are also covered by the shoreline rule.
For More Information:
Minnehaha Creek Watershed District
Wenck Associates, Inc. (Consulting Environmental Engineering Firm) Mr. Mike Panzer, District Engineer · 479-4207 (W)
Mr. Pat Mulloy, District Lake Specialist · 479-4208 (W)
Shoreline Owners
--End--
Page 3
II I I
MINUTES OF A MEETING
JULY 13, 1993
Brainstorming Session to Develop Draft Language
for Shoreland Management Ordinance
Those present were: Carl Zieman, City of Excelsior; Alan Brixius,
Northwest Associated Consultants, Inc., and consultant for City of
Spring Park; Mark Koegler, Hoisington Koegler Group, and consultant
for City of Mound; Ceil Strauss, DNR Area Hydrologist; Jon
Sutherland, Mound Building official; and Peggy James, Mound
Planning and Inspections Secretary.
The current and proposed ordinances for the City of Spring Park,
Excelsior and Mound were briefly compared. All these cities have
very small lots ranging from 5,000 square feet to 10,000 square
feet. The lots of record are especially small at an average of
6,000 square feet. Spring Park, Excelsior and Mound are virtually
completely developed.
Brixius noted that all platted lots in Spring Park, or lots of
record that have been provided with sewer and water stubs are
considered buildable lots regardless of the square footage, even a
2,500 square foot lot could be buildable, however, impervious
surface and setback regulations must be met.
Sutherland explained that Mound's current requirements of maximum
30 percent impervious surface has been creating many variances for
the smaller lots, and he would like to see modifications which
allow for the construction of garages without requiring a
variances, even though the amount of hardcover exceeds the 30
percent limit. It is Mound's position that garages are very
important as they provide storage for vehicles and other
miscellaneous equipment.
Strauss suggested that certain variances to hardcover be allowed to
be processed administratively within each city. The DNR has been
inundated with variance applications. Strauss referred to a letter
written by Edward L. Fick, Shoreland Hydrologist for the DNR which
stated:
"The DNR has agreed to grant flexibility to other Local
Government Units (LGU's) to increase impervious coverage
up to 75% for both residential and commercial land use
districts in cases were the LGU's have adopted a
stormwater management plan and the treatment facilities
are in place. In cities like Excelsior where many
smaller residential lots are already existing, I have
agreed that a suitable stormwater management plan for
those residential areas might address stormwater
treatment measures such as directing impervious runoff
i ! I, i I, ti I I
MINUTES OF A MEETING
JULY 13, 1993
SHORELAND MANAGEMENT DRAFT LANGUAGE
into more pervious grassed filter strips like lawns or
gardens. Runoff from storage buildings or garages might
be separated from other impervious areas with the roof or
driveways sloped towards pervious surfaces. Driveway and
sidewalks could also be sloped towards those areas. By
identifying these types of measures in a stormwater
management plan, a city like Excelsior could request that
impervious surface area requirements in residential land
use districts be made flexible enough to allow converge
to increase from 25% to higher numbers such as 35% or
higher, possibly as high as 50%."
Hardships for allowing garages was reviewed; some felt that having
no garage is a hardship. Koegler commented that the City of Mound
uses hardships or practical difficulty. In Minnesota garages are
needed because of the weather and for storage. Mound has granted
variances due to practical difficulty to allow garages as long as
they are of a minimal useable size, such as 24' x 24'. Strauss is
in favor of allowing more flexibility for garages and impervious
surface, as long as there is no further encroachment into the lake
setback. It was determined a list needs to be created indicating
those items which can be handled administratively by the cities.
The amount of impervious surface for decks was discussed and
Strauss clarified that the DNR will leave definitions of impervious
surface to the cities and will accept city decisions to not include
open patterned decks as impervious surface. Mound currently
calculates decks at 50%. The consensus was decks with no
impervious surface underneath should be at 0%.
Brixius suggested that a consistent figure be used for all the Lake
Minnetonka communities for impervious surface coverage, and
suggested 30% hardcover, and smaller lots may exceed 30% hardcover
but shall not exceed 3,000 square feet of impervious coverage.
Also, if lots exceed the 30% hardcover, they must conform to
certain stormwater management guidelines, such as crowning the
driveway, redirecting runoff with gutters to grassy areas, etc.
Strauss suggested that performance standards be developed for
residential lots exceeding the 30 percent maximum hardcover, and
conditions be developed in order to allow for administrative
permits and void variances or conditional use permits. For cities
like Mound who do not have a storm water management plan, the
performance standards can be included in their shoreland management
ordinance in the interim. Suggested standards are as follows:
1. Tilting or crowning of driveways and sidewalks.
2. Direct drainage onto grassy pervious surfaces versus the
street or driveway.
2
I I I I
MINUTES OF A MEETING
JULY 13, 1993
SHORELAND MANAGEMENT DRAFT LANGUAGE
Utilize gutters to direct water runoff or place roof in such
a direction to run water onto pervious surfaces.
Install pervious surfaces between impervious surfaces to
provide buffers.
Se
A possible alternative could be grass-crete or some other type
of pervious concrete type patio blocks.
Strauss also noted that Mound must provide for a permit process for
all site modifications to impervious surface such as driveways,
patios, etc.
Survey requirements were discussed. It was the consensus that it
is the applicants obligation to ensure that the proposed project is
going to work as planned.
Koegler discussed the need for flexibility for commercial and
industrial sites with possible separate regulations needed for
existing versus new. It was suggested that some type of criteria
for commercial and industrial properties be utilized until storm
water management plans can be adopted, such as:
Sloping·
Sumps, manholes, sedimentation basins, silt traps, sewer
inlets, etc.
Holding basins.
Replace existing impervious surfaces with pervious, such as
planting areas in parking lots or between building and
sidewalks, etc.
Insurance that rate of runoff will not increase.
With commercial and industrial properties there needs to be
feasible measures to improve sites; what percentage is acceptable?
It was suggested that properties could be required to meet one or
two of the performance standards to allow them to exceed the
impervious surface requirements, and if the standards cannot be
complied with they would be required to go through the variance or
CUP process as required by each individual city.
There was also discussion regarding what information the DNR needs
to see relating to variance and conditional use permit notices from
the cities and whether the DNR needs to see all the notices.
Ceil Strauss will draft DNR guidelines after review of these
minutes and distribute them to the Lake Minnetonka area cities with
a cover letter within two weeks.
COUNCIL PACKET ADD-ONS
FOR JUL Y 27.
1993