1995-04-11 AGENDA
CITY OF MOUND
MOUND, MINNESOTA
MOUND cITy COUNCIL - REGULAR MEETING
TUESDAY, APRIL 11, 1995, 7:30 P.M.
CITY COUNCIL CHAMBERS
1. PLEDGE OF ALLEGIANCE.
APPROVE THE MINUTES OF THE MARCH 28, 1995,
REGULAR MEETING.
PG. 1129-1140
PUBLIC HEARING..: TO CONSIDER THE MODIFICATION OF A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF
AND ADDITIONAL MINOR AUTO REPAIR BUSINESS KNOWN
AS GLASS PLUS AT 5533 SHORELINE DRIVE (ARCO
AUTO & MARINE) LOCATED IN THE B-1 CENTRAL
BUSINESS DISTRICT.
PG. 1141-1178
APPROVAL OF PROPOSED RIGHT-OF-WAY PLAN -
AUDITOR'S ROAD IMPROVEMENT PROJECT.
PG. 1179-1193
APPLICATION FOR PUBLIC LAND PERMIT.
DONALD AND GERALDINE SWENSON:
REQUEST: TRIM VEGETATION.
#43520,
PG. 1194-1227
.C~A~J~.:i!: JIM KOCH, 4849 ISLAND VIEW DRIVE,
LOT 3, BLOCK 14, DEVON, PID #25-117-24 11 0036.
REQUEST: VARIANCE FOR ADDITION.
PG. 1228-1240
BID A_..~WARD: FIRE TRUCK, TRIPLE COMBINATION
PUMPER.
PG. 1241
8. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
1126
10.
11.
REQUEST FROM SENIOR COMMUNITY SERVICES 1~:
LIFTING CAP ON CDBG ALLOCATION TO PUBLIC
SERVICE ACTIVITY PROJECT.
PAYMENT OF BILLS. (TO BE HANDED OUT TUESDAY EVENING)
INFORMATIONAL/MISCELLANEOUS
A. Department Head Monthly Reports for March 1995.
LMCD Representative's Monthly Report for
March 1995.
C. LMCD Mailings.
The Park & Open Space Commission has rescheduled
its Park Tour for Thursday, April 20, 1995,
6:00 P.M. Please make every effort to attend.
Minutes of the Planning Commission
Meeting of March 27, 1995.
Economic Development Commission Minutes of
March 16, 1995.
Attached is the following information RE:
S.F. 1570 (Property Tax Freeze Bill proposed by
DFL Caucus for 1996):
Memo dated March 31, 1995, from League of Minnesota Cities
regarding proposed tax freeze for 1996.
Letter written to Senator Gen Olson and Representative
Steve Smith regarding how a freeze does not make
any sense for cities.
Information compiled by the League of
Minnesota Cities on the impact such a
tax freeze would have on various cities
across Minnesota.
Gino and I attended a hearing on Tuesday,
April 4, 1995, at the Capitol. Senator
Roger Moe, DFL - Erskine, presented the bill to
Senate Tax Committee. A number of cities,
counties and school districts were represented.
The League testified against the bill and Jim
PG. 1242-1245
PG. 1246-1273
PG. 1274-1276
PG. 1277-1295
PG. 1296-1301
PG. 1302-1303
PG. 1304-1310
PG. 1311-1316
PG. 1317-1322
1127
Miller, Executive Director of the League; Karen
Anderson, Mayor of Minnetonka and 1st V.P. of LMC;
Frank Salerno, Mayor of Ely and 2nd V.P. of LMC;
carded the cities message that this bill would
have disastrous effects on municipal operations.
At the end of the testimony, the Committee voted
to approve the bill and it now moves through the
Senate process. Governor Carlson is likely to veto
it should it ever reach his desk. I have spoken
to both Senator Olson and Representative Smith.
Both oppose this bill and will work to help cities
and other local units of government. Governor Carlson
has proposed Local Government Aid (LGA) cuts in our
1995 LGA payments. This amounts to approximately
$60,000 or 7.5% of the City of Mound's total aid.
Governor Carlson is also proposing an additional
$20 million in LGA cuts in 1996. I don't know what
that figure is at this point. Whatever the final
decision is regarding property taxes or LGA, there
are going to be some cutbacks. Cities are again
being asked to take cuts in order for the State to
balance its budget. This is an annual occurrence
which eventually will, in the minds of Legislators,
force reform of the state/local finance system.
REMINDER: Committee of the Whole Meeting, Tuesday,
April 18, 1995, 7:30 P.M.
REMINDER: Annual Board of Review, Tuesday, April 25,
1995, 7:00 P.M. Enclosed are copies of Sales data
prepared by the County Assessor's Office. Regular Meeting
of April 25 will follow Board of Review.
We have scheduled Thursday, May 4, 1995, for the Open House on
the Mound Visions project. It will be held from 7:00 P.M. to
9:00 P.M. at City Hall. It will provide an opportunity for
all interested citizens to become familiarized with the
Lost Lake Dredging Project and the Auditor's Road Improvement
Project. Please mark your calendars for this event.
1128
Mound City Council Minutes March 28, 1995
MINUTES - MOUND CITY COUNCIL - MARCH 28, 1995
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
March 28, 1995, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Bob Polston, Councilmembers Mark Hanus, and Liz Jensen.
Councilmembers Andrea Ahrens and Phyllis Jessen were absent and excused. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson,
Building Official Jon Sutherland, Planner Bruce Chamberlain, and the following interested
citizens: Jon & Justine Goode, Dave Schmidt, Tom & Kathy Latcham, Ray Salazar, Donald
& Geraldine Swenson.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 ]VIINIJTES
The City Clerk submitted a replacement page for 979 with corrected ritles to three resolutions.
The Council accepted the page.
Councilmember Jensen questioned page i of the March 21, 1995, COW Minutes regarding the
make-up of the Commons Dock Task Force. That part of the minutes reads as follows: "....
Discussion then focused on the number of persons that could serve on the task force, the number
suggested was twelve, with five abutters that have shared docks, three abutters who do not share
docks, three non abutters and one person at large." After discussion the Council changed the
wording to:" ...... , the number suggested was twelve, with five abutters who have docks other
than their own in front of their property; three abutters who have only their dock in front of
their property; and three non abutters and one person at large."
MOTION made by Jensen, seconded by Hanus to approve the Minutes of the March
14, 1995, Regular Meeting and the March 21, 1995 Committee of the Whole
Meeting, as amended. The vote was unanimously in favor. Motion carried.
1.1 CASE//95-08: JONATHAN & JUSTINE GOODE, 5116 EDGEWATER DRIVE,
L.P. CREVIERS, .... LOT 2, BLOCK 1, PID//13-117-24 42 0002, VARIANCE FOR
SECOND STORY ADDITION.
The Council asked that the condition that the Planning Commission requested, be inserted into
the proposed resolution. It would read as follows: "7. Water towage from the roof be
contained within the site, to the satisfaction of the City Staff." The applicant agreed with the
condition.
Hanus moved and Jensen seconded the following resolution:
RF~OLUTION//95-34
RESOLUTION TO APPROVE A VARIANCE FOR A
SECOND STORY ADDITION AT 5116 EDGEWATER
DRIVE, LOT 2, BLOCK 1, "L.P. CREVIER'S
Mound City Council Minutes
March 28, 1995
SUBDIVISION OF PART OF LOT 36, LAFAYETTE
PARK", AND THAT PART OF VACATED LAKE
BOULEVARD, PID//13-117-24 42 0002, P & Z CASE
//95-08
The vote was unanimously in favor. Motion carded.
1.2
CASE g95-10: TOM & KATHY LATCHAM, 4711 ISLAND VIEW DR., LOT 3,
BLOCK 7, DEVON, Pm //30-117-23 22 0051, VARIANCE FOR DECK &
PORCH.
Jensen moved and Hanus seconded the following resolution:
RESOLUTION//95-35
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE EXISTING NONCONFORMING
SETBACKS TO CONSTRUCTION A CONFORMING
DECK AND PORCH AT 4711 ISLAND VIEW DRIVE,
LOT 3, BLOCK 7, DEVON, PID//30-117-23 22 0051,
P & Z CASE//95-10
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.3
APPOINTMENTS TO FILL UNEXPIRED TERMS ON MOUND HOUSING AND
REDEVELOPMENT AUTHORITY (I-IRA).
The City Manager reported that the following two persons have been interviewed by the City
Council to fill two vacancies on the HRA: James H. Baer, term to expire 8/96 and Donna
Christensen, term to expire 8/97.
Jensen moved and Hanus seconded the following resolution:
RESOLUTION//95-36
RESOLUTION APPOINTING JAMES BAER AND
DONNA CHRISTENSEN TO FILL VACANCIES ON
THE MOUND HOUSING AND REDEVELOPMENT
AUTHORITY
The vote was unanimously in favor. Motion carded.
1.4 RESOLUTION ESTABIJSHING A TASK FORCE ON COMMONS DOCKS.
The City Manager related the background on the item.
Councilmember Jensen stated that since the last COW Meeting, she is not comfortable with how
the Council is distributing the representation on the Task Force. She stated there are 517 people
Mound City Council Minutes
March 28, 1995
using the Dock Program, and 179 of those users abut Commons land, 11 abutters share a dock.
There are 190 people abutting Commons that are participating in the program, which leaves 32'1
people who use the program but do not abut Commons. 37 % of the users of the program abut
the Commons and 63 % of them do not abut and the way the distribution is on the Task Force
would be 42% for abutting users of the program which she did not think was a proper
representation on the Task Force. She stated that the Council needs to make sure that people
are fairly represented and she does not feel they have done that.
Councilmember Hanus stated that he thought the numbers chosen at the COW Meeting were
Councilmember Jensen's numbers. Councilmember Jensen stated that a lot of numbers were
discussed and the numbers chosen were to satisfy others in the room, based on what other people
in the room were willing to live with. They were not based on knowing there are 517 users of
the program and 63 % of them do not abut Commons. That was a detail the Council did not
have at the COW Meeting.
Councilmember Hanus questioned how many docks are actually used. No one had that answer.
He stated that it is his understanding that a lot of the 446 total docks are not used or are
unusable. Councilmember Jensen stated she does not have unused or unusable figures.
Councilmember Jensen stated she is still struggling with what ill we are trying to correct. She
stated that putting that aside, if this is use of Commons then you need to look at abutting people
who use the Commons, non-abutting people who use the Commons and a whole lot of people
who own the Commons but do not use it at all, and they only have one person representing them
on the Task Force as it is currently laid out.
Councilmember Hanus stated that he has a concern for everyone's interest in the system. He
stated he would like to include the Commons itself as a point of discussion or the possibility of
discussion for the group. However the primary focus of discussion is going to be the Dock
Program itself, and those that do not use a dock, don't fund the program and if we are only
affecting docks and they don't use a dock, what is their interest in docks? Councilmember
Jensen stated that as long as that is where the focus is, then she understood where he was
coming from. Councilmember Hanus stated that is where he sees the focus.
Councilmember Hanus then asked to add some language to the proposed resolution to include
the Commons because there are issues such as the use plan, classifications (how rules may or
may not be applied to different classifications) which may come up in discussion. So because
of those potential intertwining regulations and/or problems, he wanted to be careful not to
preclude the Commons as a possibility of discussion. He further stated that he sees most of the
problems that will be discussed are relative to the Dock Program itself. He stated he is not
looking to take anything away from anybody. He stated he questions how much concern people
have about how the Dock Program may be administered if they are not using the program and
are not funding it.
Councilmember Jensen shared the following thoughts:
"The City of Mound owns 4 miles, plus or minus, of lakeshore. In years gone past,
there was a scramble at ice out for people to put in a dock and over time as the
population grew and as certain locations became more contested for dock sites, it became
1131
Mound City Council Minutes
March 28, 1995
a problem. So the citizens of the community gathered together and found a way to bring
peace to the program and bring some fairness to the program. So we have a program
of putting private docks on public land."
"The City of Mound owns 4 miles, plus or minus, of lakeshore and we, as a community,
can do just about anything, within reason, that we want to do with the land. Right now
we are using this land to provide dock sites for people who would not otherwise have
dock sites. So we are in the business of providing dock sites and if we want to get some
feel for how our customers are responding to the service we are providing to them, that
is one thing. If we are going to talk about administration of this part of the public lands
that the City owns, that is another thing. So the people who fund it are the customers
for that service and if we want to find out how they are perceiving the product or service
that we are offering to them, that is all well and good. Administration of the public
lands may be something that should be looked at separately. Again, I'm not sure what
the ill is we are trying to correct. If there is a problem with the Dock Program, then we
can certainly get people who use it, in those different categories, together to discuss what
that problem is and bring that customer feedback to us. If it is something other than
that, then we may have to open it up to other people because it is the public's land and
they do have a right to say what happens to their land."
Councilmember Hanus:
"That's correct. But just so it's clearly understood, this body that we are looking at
forming is not a deciding body of any kind. What I am fishing for is ideas. I perceive
this as an idea group of people that are going to start kicking back ideas to us. The votes
that they take and the recommendations that they make are all well and good, but just as
important is the minutes and what is kicked around. Particularly if an item is pertaining
to the Commons, but probably Commons or Docks either one, I would suspect that
procedure would be to take those recommendations through the Park Commission and
then to the Council. Through all of those bodies there is all kinds of opportunity for the
public at large to provide input. I am looking for this core group to be idea people who
have problems. That's the group of people I am trying to get ideas from. Once we
identify what those problems are and get some recommendations, then we can start
getting input and start trying to piece some improvements together. That's what is going
on in my mind. '
Councilmember Jensen:
~Reacting to your statement that you want to get ideas. I think that's commendable, but
then you focus it down to people with problems. So do you want ideas or do you want
people to come in to grind an axe. If you are looking for ideas, then why not open this
up to a broader body. ~
Mayor Polston:
"My understanding of what was discussed at the COW Meeting was that we, in fact were
going to revisit something, system or program, that was started some 20 years ago and
invite a Task Force to look at, not only problems, but other aspects of the program and
4
J152.
Mound City Council Minutes
March 28, 1995
to get feedback from them, as our customers. The main thrust being to have the Task
Force look at and evaluate and make recommendations to the Park Commission and at
a public hearing with the City Council if there were changes that were going to be made.
I didn't understand or feel that there were any limitations of what the Task Force could
address, if they so choose to do so. My original recommendation was that 2 members
of the body be people at large from the City. The rest of the Councilmembers, that were
there, felt it should be restricted to people who were participating in the dock program.
I don't have a problem with that because there will be an evaluation by the Park
Commission and then a public hearing at the City Council, prior to any action to change
anything. With just cleaning up the resolution to reflect what was decided at the COW
Meeting, I would like to move ahead." Councilmember Hanus agreed.
Councilmember Jensen:
"I am still hung up on the distribution of the numbers. The original numbers that we
talked about at the COW Meeting for the Task Force were 4, 6 & 2. That was 4 who
abutted, 6 who did not abut, and 2 at large. Those were the original numbers that were
kicked around and around until everybody was happy. The decision in the minutes of
5, 3, 3, and 1 - and 5 people who have docks in front of their abutting properties are
42% of the 12 member Task Force, but they are only 37% of the whole (all users of the
program). 63 % of the users of the program do not abut the lands we are talking about,
yet they only represent 25% of the Task Force. I just don't think that is a fair
distribution or representation on the Task Force. I haven't cranked out the percentages
on the 4, 6 and 2 but I know those were the first numbers we looked at and one
Councilmember thought it should be 6, 4 and 2 (6 being abutters, 4 non abutters and 2
at large). I'm willing to go back to the 4, 6, and 2, at least it is a little better
representation, in terms of usage."
Councilmember Hanus:
"Here we go back to the same argument as before, the seriousness of the problems, the
magnitude of the problems, these different groups face and I think the most serious
problems that people face are the ones that abut that have other people's docks in front
of their property and there is actual trespassing on their property to access docks and
things of that sort. That's probably the most serious type of problem, as well as the
littering, etc. The problems such as, the type of mailings you get and that kind of thing
are far more minor. That type of problem is experience by everybody who uses docks."
Councilmember Jensen:
"You're looking for a group to generate ideas and I don't think we want to set up a
group that could put 63 % of the users of the program in an under-represented position
where we are trying to generate ideas. So if we are going to be looking at discussion
and minutes of discussion rather than recommendations, we get that with a group that
represents the users of the program. Even with 2 people at large, the owners of the
program could be considered under-represented, but they are potential users of the
program who could generate ideas on what could be done with this land, that we
wouldn't get without them being there."
5
Mound City Council Minutes March 28, 1995
Councilmember Hanus:
"My biggest problem with that comment is you rarely get ideas from people who do not
have a problem with something. You don't get corrective ideas for a problem from
people who don't have a problem."
Councilmember Jensen:
"I'm still trying to find the illness we are trying to fix."
Councilmember Hanus:
"Part of that's still trying to be identified too. That's part of their task is to identify what
those problems are."
Mayor Polston:
"We are having the same problem that we had at the COW Meeting, where we seesawed
back and forth on numbers and make-up and I really thought we had arrived at a
breakdown of the Task Force and everybody felt it was equitable at the time. In lieu of
the fact that one of the members of the Council is not here and left with the
understanding that we had reached a consensus, I will make a motion to adopt the
resolution with the 5, 3, 3, and 1 numbers, and any other changes that the Council would
like. '
Polston moved and Hanus seconded the following resolution:
RESOLUTION//95-37
RESOLUTION ESTABLISHING A TASK FORCE ON
THE COMMONS DOCK PROGRAM
Councilmember Jensen:
"I can't support that motion."
Councilmember Hanus offered a friendly amendment. The first "WHEREAS, the City
of Mound operates a municipal dock program known as the Commons Dock Program
that is operated upon public pro_t~ertv designated as Commons, and".
Councilmember Jensen:
"That is inaccurate. The Commons Dock Program utilizes other sites that are not
Commons."
Councilmember Hanus:
"Where I'm trying to go with this thing is, I'm trying to also get under the first,
'Be it further resolved, that the direction of the task force is to review the level
of frustration with the Dock Program and related Commons properties and
6
Mound City Council Minutes
March 28, 1995
develop recommendations on how the program can be improved.' I want to add
that as a possible discussion item, not that it will be but it could be and I don't
want to preclude the group from being able to discuss that. Because the problems
are intertwined and the rules may apply differently to one area than another and
it limits the kinds of suggestions they may be able to make. As far as the point
on the first Whereas, that doesn't have to be there, it was just to support what I
just said."
Mayor Polston:
"I couldn't accept the Whereas change, but I can accept the second change as a
friendly amendment."
The Mayor asked for any further discussion.
Councilmember Jensen:
"I still think that we have got misrepresentation and particularly have made that
misrepresentation worse by including Commons related properties, because now
you indeed have 37 % of the people representing 42 % of the Task Force. 63 %
of the users of the Dock Program do not abut Commons, and they represent 25 %
of the Task Force."
Councilmember Hanus:
"What if this group were talking about, i.e. applying a different set of rules to a
different classification of Commons because it may make more sense (maybe you
can do something on one type of Commons that you can't do on another). That
may affect the Commons properties as to their designation. There may a
recommendation from them, (because of problems in a particular area) to
redesignate a certain section of Commons. If you don't have that in here,
technically I don't think they can make that recommendation because they are not
allowed to talk about the Commons property."
Councilmember Jensen:
"Well, your intent then, with this resolution and what you've done by including
this, and I'm obviously in the minority here, you've already changed a resolution
that we said earlier all 4 of us had agreed to, and now we've changed that part,
but that's O.K. to move forward on. But when we find out that the numbers that
we reached on Tuesday (COW Meeting), result in such a lopsided representation,
that it's still O.K. to move on that. Regardless of what they do or don't talk
about, or whether you do or don't include that, the representation aspect of this
Task Force is still skewed. 37% of the users of the program, represent 42% of
the Task Force."
7
Mound City Council Minutes
March 28, 1995
Councilmember Hanus:
"If that were a determining body, I'd say it's skewed."
Councilmember Jensen:
"The recommendations have the potential to be skewed. Their discussion has a
potential to be skewed."
Councilmember Hanus:
"But the people who make the determination have the ability to get (will have to
get) regular public input and theoretically they are not skewed, the elected
officials or appointed officials on the Park Commission. That's not skewed.
That's supposed to be fair representation. There is no determination being made
by this group. I'm looking for ideas and you're not going to get ideas from
people who don't have a problem with a program."
Councilmember Jensen:
"But, might you get ideas from these people about how else the program could
be used and you've excluded them from even being a part of the idea generation?
So you're looking for ideas and you've made it clear that the ideas that you want
are from 37% of the users. Your idea generation body doesn't represent the
people in the community. We don't need to go into whether or not the Park
Commission is representative. Those people are appointed for a variety of
reasons."
Il3/,
Mayor Polston:
"We went around and around for several hours on the fine points of this thing.
I think the important thing is that we are going to revisit a system and invite
public participation through a Task Force, then through the Park Commission and
then though a public hearing at the City Council. I think we will provide
everybody that wants to an opportunity, to be heard and to listen and to make
decisions based upon the ideas that are brought forth by the public at large."
Councilmember Jensen:
"If, indeed, that's way this thing is going to go, then the folks who are here and
the folks who are watching, need to be aware of the fact that we have this skewed
Task Force that is going to be put in place and we need to do an outstanding job
of getting information out to the rest of the people as to when that Task Force is
going to be meeting so that they can get their input to those 12 people, as well
as well as when the Park Commission is going to be meeting and when this body
is going to be discussing it."
Mayor Polston agreed.
Mound City Council Minutes
March 28, 1995
Councilmember Jensen:
"The Task Force meetings have to be public meetings. They have to be
consistent at a time when other people can get to them because otherwise it's just
not going to work because it is still skewed. Floating locations, floating times
and floating days don't make it."
Councilmember Hanus:
"We did discuss this and agreed that the meeting will have to take place at City
Hall, and I would imagine they will be in the evening. We also agreed that City
Staff will attend and minutes will be kept. All of those things have been agreed
to already."
Mayor Polston:
"I absolutely agree that we should make an all out effort to make sure that
everybody who wants to be heard or participate has an opportunity."
The Council then changed the wording in the resolution regarding the make-up of the
Task Force to read as follows:
5 persons - abutters who have docks other than their own in front of their homes;
3 persons - abutters who have only their docks in front of their homes;
3 persons - non abutting; and
1 person - at large.
The vote was 2 in favor with Jensen voting nay. Motion carded.
1.5
UPDATE ON LOST LAKE DREDGING PROJECT - BRUCE CHAMBERLAIN,
ECONOMIC DEVELOPMENT COORDINATOR.
City Planner Bruce Chamberlain updated the Council on the Lost Lake Dredging Project and
reviewed his memo dated March 28, 1995. The following work (Round 1) has been
accomplished to date:
2.
3.
4.
5.
Understanding of permits and environmental reviews.
Collection of site data.
Biological survey.
Pollution and geotechnical testing.
Auditor's Road street alignment.
The next phase of work focuses on the preparation of preliminary construction plans, permits
and environmental reviews as well as resolving property acquisition and business relocation
issues. More detailed project plans will be presented to the community during this time. The
Planner stated they are planning an open house sometime in the Spring. He asked the Council
to share any ideas they may have on how to present this project creatively to the community.
9
11,.,3"I
Mound City Council Minutes March 28, 1995
The Mayor asked about MSA bonding capacity and capability that was discussed at the COW
Meeting. The City Manager stated that the City can borrow against future MSA construction
allotments, but you cannot borrow more than what the annual principal and interest payment
would be on the bonds. The amount will depend on how much is going to be borrowed, what
the interest rates will be and how the schedule is set up as far as the principal and interest
payments.
The City Engineer explained that the dollar limit is based on the payment, so the maximum you
can pay back is half of what your yearly MSA construction allotment is, which is currently
$157,000, or roughly $78,000. He stated he does not know what the going interest rate is at
this time, but if you took $600,000, it would take about 8 years to pay back at approximately
$80,000 per year.
The Mayor asked the City Attorney's opinion. The City Attorney stated he has not looked at
the statute but thought it was tied to the City's construction and maintenance accounts.
The City Engineer reminded the Council that all the items have to be State Aid eligible. In
other words, this has to be a State Aid approved project and everything has to be eligible. He
stated there are some things in the project which are not eligible. Anything not eligible would
have to be paid for from City funds, not bonding money. The City Engineer suggested the
Council get some projections on what the bond payments would be with interest.
The Mayor asked for an opinion from the City Attorney on the ability to borrow against State
Aid money, using the $2 million as a worst case scenario, where the City might have to go to
the bonding.
The City Engineer stated he can give the Council a list of the items that are not eligible for State
Aid, but they are making drastic changes in what is eligible, making things more eligible. The
Mayor stated that he feels the consensus of the Council is that before they go into the next
phase, they have all the necessary answers, financial and legal.
The City Attorney asked if Auditor's Road is on the State Aid System at this time. The
Engineer answered yes, but you still have to get the fight-of-way plan approved which hasn't
even been sent in yet. Before you can buy fight-of-way, you have to have construction plans
approved. The Mayor asked how close the City is to having plans and specifications approved.
The City Engineer stated they are not working on the construction plans, just the fight-of-way
plans. The Council has to approve the fight-of-way plan before it is submitted.
The City Manager explained that the fight-of-way plans will come to the Council for approval
in the near future, along with the answers to the other questions the Council had. The Manager
stated he is trying to set up a meeting with Hennepin County about getting this on their five year
Capital Improvement Program.
There was discussion on relocating County Road 15. The City Engineer explained that the
Auditor's Road project is not dependent on the relocation of County Road 15. The County Road
15 relocation is somewhere in the future and the fight-of-way plan would be shown with the new
location of County Road 15, but the construction plans will show a temporary connection to the
current location of County Road 15 that goes through the parking lot next to the Post Office.
10
Mound City Council Minutes
March 28, 1995
The Council asked that the whole package be presented at a future meeting, i.e. financial,
project, bonding, use of MSA funds, and results of the meeting with I-Iennepin County.
The Planner then presented the concept plan for the Lost Lake Greenway for which the City has
submitted an application for another ISTEA grant in addition to the Lost Lake Canal grant
already approved. The amount of the Lost Lake Oreenway grant would be about $400,000. In
this plan, Auditor's Road would become the Main Street of Mound with on-street diagonal
parking. There would be a greenway or trail that would go along the lake from County Road
110 to the docking facility.
The Planner will keep the Council updated.
The next two items were taken off the Agenda because they require 4/5 approval by the
City Council and there were only 3 members present at this meeting.
1.6
APPLICATION FOR PUBLIC LAND PERMITS. //41110, RAY SALAZAR:
REQUEST TO TRIM VEGETATION.
This item was postponed until the April 25, 1995, Regular Meeting at the applicant's request.
1.7
APPLICATION FOR PUBLIC LAND PERMITS. //43520, DONALD AND
GERAI.DINE SWENSON: REQUEST TO TRIM VEGETATION.
This item was postponed until the April 11, 1995, Regular Meeting at the applicant's request.
1.8
APPROVE AND AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN
EASEMENTS RELATING TO THE PURCHASE OF PARKING LOT LANDS
(DAKOTA RAIL) WITH METROPOLITAN COUNCIL WASTEWATER
SERVICES.
The City Manager explained that since the Dakota Rail settlement, the City Attorney has
negotiated the easements that were pertaining to the parking lots (across from the House of Moy
and next to the attorney's offices). These are sewer easements that the City needs to grant to
the Metropolitan Council for the interceptor that runs through these parking lots. The City will
be paid $45,000 for these easements.
MOTION made by Jensen, seconded by Hanus to authorize the Mayor and City
Manager to execute the easements to the Metropolitan Council and the City will
receive $45,000 for these sewer easements. The vote was unanimously in favor.
Motion carried.
1.9 PAYMENT OF BILLS
MOTION made by Jensen, seconded by Hanus to authorize the payment of bills as
presented on the pre-list in the amount of $162,601.24, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
11
Mound City Council Minutes
INFORMATIONAL/MISCELLANEOUS
A.
B.
C.
D.
Ee
March 28, 1995
February 1995 Financial Report as prepared by Gino Businaro, Finance Director.
Park and Open Space Commission Minutes of March 9, 1995.
LMCD Mailings.
REMINDER: Interview with Donna Christensen HRA Candidate, Tuesday, March 28,
1995, 7:15 PM, City Hall, prior to regular meeting.
Minutes of the Planning Commission Meeting of March 13, 1995.
MOTION made by I-Ianus, seconded by Jensen to adjourn at 9:00 P.M. The vote
was unanimously in favor. Motion carried.
Edward J. Shukle, Jr., City Manager
Attest: City Clerk
t1'-Io
12
APR 06 '95 0~:49PM MCCOMBS FRAMK ROOS P.~x3
ADril 5, 1995
RZSOLUTION APPROVING R/W PLAN
FOR AUDITORS ROAD & BELMONT LANE
WHEREAS, it appears to the City Council of the City of Mound
that the streets hereinafter described .as Auditors Road, and Belmont
Lane, should be improved with Municipal State Aid funds; and
WHERE~S, right-of-way glans for said streets showing proposed
alignment, grade and typical cross-section have been prepared.
NOW, THEREFORE, BE IT RESOLVED, by the City Council Of the
City of Mound that said right-of-way plans for Project No. SAP 145-109-
04, Auditors Road and Project No. SAP 145-108-02, Belmont Lane be in all
things approved.
u:O928/reso~4.5
APR 06 '95 O~:~gPM FRAMK ROOS
7:,:
Zg_.~
t--~- i--i-F--- F__T
I I I I I I I
I I I I I I I
P. 3/3
PROPOSED RESOLUTION #95-
RESOLUTION TO APPROVE A
SPECIAL PERMIT TO ALLOW TRIMMING OF VEGETATION
ON DEVON COMMONS
ABUTTING 4857 ISLAND VIEW DRIVE, LOTS 5 & 6, BLOCK 14, DEVON
PID #25-117-24 11 0038
DOCK SITE #43520
WHEREAS, Donald and Geraldine Swenson have applied for a Land Alteration
Permit to allow trimming of vegetation on Devon Commons, abutting their property
known as 4857 Island View Drive, and;
WHEREAS, the applicant requested permit approval for the "cutting and
removal of vines which are encroaching on trees."
WHEREAS, there is an existing stairway on the commons used to access the
applicant's dock site. It is procedure to update all existing encroachments on a site
when a new Public Lands Permit is applied for, and;
WHEREAS, the applicant states a handrail has been installed on the stairway,
and;
WHEREAS, City Code Section 320, requires City Council approval, by a
four-fifths vote, for Construction of any kind on any public way, park or commons, or
the alteration of the natural contour of any public way, park, or commons, and;
WHEREAS, the City's Shoreland Management Ordinance allows limited clearing
and trimming of vegetation on steep slopes to provide a view to the water from the
principal dwelling site provided that screening of structures is not substantially
reduced, and;
WHEREAS, trees are allowed to be trimmed in a manner appropriate for
removal of branches to benefit the trees. Healthy trees and plants with healthy root
systems must remain intact to prevent erosion of the steep slope, and;
WHEREAS, the Public Land Use Plan classifies this area of commons as
Shoreline Type C, and as a resident permit docking area, and;
WHEREAS, the Park and Open Space Commission reviewed this request and
recommended approval, with conditions and supervision by the Parks Director.
Proposed Resolution
Swenson
Page 2
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound,
Minnesota, to approve the following Public Land Permits for Donald and Geraldine
Swenson, Dock Site//43520, Devon Common, abutting 4857 Island View Drive, Lots
5 & 6, Block 14, PID #25-117-24 11 0038:
A Special Land Alteration Permit to allow the trimming of vegetation subject to
the following conditions:
The permit is a "one-time" permit.
The applicant must notify the City 48 hours prior to the trimming so staff
can meet on-site with the applicant to mark brush for removal.
All brush/vines that are trimmed have to be removed from Devon
Common at the owners expense.
Approval of a permit to allow the continuation of the stairway structure, subject
to the following conditions:
a. The permit shall expire five (5) years from the date of City Council
approval.
b. Repairs, if needed, shall be done according to code and as approved by
the Building Official.
In the event compliance with these conditions is not achieved within one
(1) year of the date of City Council approval, the applicants dock license
will not be issued until compliance is achieved.
MINUTES OF A MEETING OF THE
MOUND ADVISORY PARK AND OPEN SPACE COMMISSION
MARCH 9, 1995
REQUEST TO TRIM VEGETATION BY DONALD & GERALDINE SWENSON, DOCK SITE
#43520, DEVON COMMON, SHORELINE TYPE 'C', ABUTTING 4857 ISLAND VIEW DRIVE,
LOTS 5 & 6, BLOCK 14, PID #25-117-2411 0038.
The applicant requested permit approval for the "cutting and removal of vines which are
encroaching on trees." Along with the need to remove the vines, there is also a need for
removal of debris (i.e. concrete blocks, old dock sections) and other minor brush removal. The
applicant stated that he is interested in seeking a permit for the additional trimming and would
provide a general clean-up of the site.
There is also an existing stairway on the commons used to access this dock site. It is
procedure to update all existing encroachments on a site when a new Public Lands Permit is
being applied for. This allows a concurrent expiration date for each abutting area to limit time
spent for the abutting homeowner and City staff.
Staff recommended the following:
1. Approval of a permit to allow trimming, subject to the following:
The permit is a "one-time" permit.
The applicant must notify the City 48 hours prior to the trimming so staff can
meet on-site with the applicant to mark brush for removal.
All brush/vines that are trimmed have to be removed from Devon Common at
the owners expense.
Approval of a permit for the existing stairway subject to the following:
a. The permit shall expire five (5) years from the date of City Council approval.
b. Repairs, if needed, shall be done according to code and as approved by the
Building Official.
c. In the event compliance with these conditions is not achieved within one (1)
year of the date of City Council approval, the applicants dock license will not
be issued until compliance is achieved.
Photographs of the subject property were reviewed by the Commission. The applicant, Donald
Swenson, explained his request and stated that he agrees with staff's recommendation. He
explained that a handrail has now been installed on the stairway, and it is his understanding
that this was the only repair needed in order to be in compliance.
MOTION made by Ahrens, seconded by Meyer, to recommend approval of the
Land Alteration Permit to allow the trimming of vegetation, and approve a
permit for the stairway, as recommended by staff. Motion carried unanimously.
This request will be heard by the Council on March 28, 1995.
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
MARCH 27, 1995
Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank
Weiland, Bill Voss, Jerry Clapsaddle, Mark Hanus, Lisa Crum, Ed Surko, and Becky
Glister, City Council Representative Mark Hanus, Building Official Jon Sutherland and
Secretary Peggy James.
The following people were also in attendance: Jim Koch and Carl Glister.
MINUTES
The Planning Commission Minutes of March 13, 1995 were presented for approval.
MOTION made by Weiland, seconded by Clapsaddle, to approve the
Planning Commission Minutes of March 13, 1995 as written. Motion
carried unanimously.
CASE #95-11:. JIM KOCH, 4849 ISLAND VIEW DRIVE, LOT 3, BLOCK 14,
DEVON, PID #25-117-24 11 0036. VARIANCE FOR ADDITIONS.
Building Official, Jon Suthedand, reviewed the Staff Report. The applicant is seeking
a variance to recognize the existing nonconforming setbacks and hardcover as listed
below, in order to construct an attached garage and a second story addition on the
house. The second story addition will follow the existing footprint of the house. The
garage is proposed to extend into a nonconforming location as noted on the survey.
Sutherland noted that this is the second proposal reviewed by staff, the first proposal
included a 16' x 24' addition on the lakeside which cannot be constructed due to a
City utility easement. The original proposal also had the garage doors facing the
street.
I EXISTING I PROPOSED IREQUIRED IVARIANCE
FRONT 18' 3' 20' 17'
SIDE EAST 1' 3' 6' 3'
DECK 'A' GARAGE GARAGE GARAGE
SIDE (WEST) 3.4' 3.4' 6' 2.6'
HARDCOVER 2,071 SF 1,888 SF 1,600 SF 288 SF
72% 47% 40% 7%
There are four decks shown on the survey, as follows:
Deck A: May be setback 2 feet from the property line if it is reduced in size to 32
square feet or less.
Planning Commission Minutes
March 27, 1995
Deck B:
At second level on lakeside of house, is conforming to setbacks with the
exception of the west side which follows the existing line of the
dwelling.
Deck C: At first level on lakeside of house, planned to be removed.
Deck D: Detached from house at lakeside, planned to be removed.
Although the proposed garage is nonconforming to the required 20 foot front and 6
foot side yard setbacks, there does appear to be hardship and practical difficulty with
this site:
1)
The property has limited access and side yard area due to the location of the
dwelling.
2)
There is a City utility easement on the lakeside that limits the buildable
footprint.
3) There is no other reasonable location for a garage.
This proposal represents a substantial improvement to the property, and improves its
nonconforming status. It is unlikely the nonconforming setback to the dwelling can
be eliminated at this time. The amount of impervious surface cover, the impact to the
lake, and the use and function of the property are all improved. The City has
historically attempted to facilitate the construction of garages, and in this situation the
substantial variance seems the only practical solution to accommodate a garage. The
City has approved variances for other garages that have a similar setback to the
street, under similar restrictive site conditions.
Staff recommended the Planning Commission recommend approval of the variance
request to construct a second story and garage addition as shown on the survey dated
"Rev. March 16, 1995. This recommendation is conditioned on the removal of Decks
"C" and "D". A resolution of approval would incorporate the conditions as listed
within this report.
Sutherland noted that if either owner were to erect a fence to divide the two
driveways, it would make access to both garages difficult, and he suggested some
type of driveway easement may be a possible solution, and the City Attorney may
need to address this issue.
It was clarified that the proposed Deck "B" has a concrete patio below it. Staff noted
that if the applicant supplied a detailed cross section it would help clarify what is
being proposed. Mueller commented that he would like to see gutters and
downspouts to help direct the water run-off from the roof.
2
Planning Commission Minutes March 27, 1995
Weiland commented that the nonconforming use is being exaggerated.
Mueller confirmed that the roof line is proposed to be changed from a east/west peak
to a north/south peak. He also confirmed that the existing shed will be removed.
Clapsaddle commented that the plan as presented, with a 3 foot front setback, will
not work as a two car garage, it will only accommodate one car. He feels that if it is
the intent to have a two car garage, a I foot setback should be allowed.
The applicant clarified that it is his intent to request a I foot setback from the street
in order to accommodate a two car garage. The Building Official stated that City Staff
has no objection to allow the I foot setback subject to the overhang being limited to
I foot, and no ornamental devices or gutters shall be allowed. Staff confirmed that
the house to the west also has an attached garage located 1 foot from the front
property line. The Commission requested information relating to the neighboring
variance.
Hanus noted that there is approximately 920 square feet of green space on the
adjacent commons. He confirmed with staff that the existing terraced retaining walls
will help slow the drainage to the lake.
Weiland expressed a concern about snow removal and questioned if the City could be
liable if the garage was damaged by snow if the City gives permission for the location.
Weiland also expressed a concern about access to the lakeside of the property for fire
fighters
Mueller questioned if a survey was on file for the house to the east. Mueller noted
that the neighboring garage is lower than street level and this garage would be higher
which creates a taller wall and a greater impact.
Chair Michael announced a break to allow time for staff to obtain the information in
question.
Chair Michael reopened meeting. Staff confirmed that there is no survey on file for
the property to the east. The Building Official suggested that the applicant could
revise his survey to show the location of the garage on the lot to the east prior to the
City Council meeting.
Photocopies of Resolutions #89-33, 89-44, and 89-84 were distributed to the Planning
Commissioners for their review. The Resolution titles are as follows:
RESOLUTION 89-33
RESOLUTION TO RECOGNIZE A NONCONFORMING STRUCTURE AND
TO ALLOW THE ADDITION OF LIVING SPACE, STORAGE SPACE AND
DECKS FOR LOT 4, BLOCK 14, DEVON; PID #25-117-24 11 0037 (4853
ISLAND VIEW DRIVE; P&Z CASE #89-804
3
Planning Commission Minutes
March 27, 1995
RESOLUTION 89-41
RESOLUTION TO AMEND RESOLUTION #89-33 AND ALLOW
RECONSTRUCTION OF THE HOME IN THE SAME FOOTPRINT AND
GRANT VARIANCES FOR THE POSITIONING OF THE BOATHOUSE OFF
OF PUBLIC PROPERTY AND ONTO THE APPLICANT'S PROPERTY, LOT
4, BLOCK 14, DEVON; PID #25-117-24- 11 0037 (4853 ISLAND VIEW
DRIVE); P&Z CASE #89-804-
RESOLUTION 89-84
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO
ALLOW A FRONT YARD SETBACK VARIANCE FOR LOT 4, BLOCK 3,
SHADYWOOD POINT; PID #13-117-24 11 0135 (1766 SHOREWOOD
LANE); P&Z CASE #89-824
MOTION made by Clapsaddle, seconded by Crum, to recommend
approval of the variance request, as follows:
FRONT 18' 1' 20' 19'
SIDE (EAST) 3' 6' 3'
SIDE (WEST) 3.4' 3.4' 6' 2.6'
HARDCOVER 2,071 SF 1,948 SF 1,600 SF 348 SF
72% 49% 40% 9%
Subject to the following conditions:
Deck 'A' be reduced to 32 square feet in size and conform
to the required 2 foot side yard setback.
2. The portion of Deck 'B' which encroaches into the
easement shall be eliminated.
Gutters and downspouts shall be installed to maintain proper drainage
within the property, as required by staff.
4. Decks 'C' and 'D' shall be removed.
The setback to the garage on the property to the east shall be identified
in order to alleviate concerns relating to possible structural stress on the
adjacent garage.
4
Planning Commission Minutes
March 27, 1995
This recommendation shall be inclusive of the following findings:
1. Garages are normal and customary for residential properties.
No feasible alternative for a garage exists on the lot due to the width of
the parcel.
The property has limited access and side yard area due to
the location of the dwelling.
There is a City utility easement on the lakeside that limits
the buildable footprint.
Michael commented that it is his opinion that a single car garage is feasible. Mueller
commented that he would like to see a garage on this property, however, feels there
may be a better solution, such as creating a tuckunder garage. Weiland agreed that
the garage could be pushed southward.
Clapsaddle commented that variances were granted to other properties for the same
setback. Mueller noted that one variance was granted to recognize an existing
setback, and the other variance on Shorewood had 8 feet of boulevard from the
property line to the curb. Mueller commented that currently the property has an 18
foot front setback and a conforming east side setback, and this approval would make
both of those setbacks worse, it would be expanding a nonconforming situation.
MOTION failed 4 to 5. Those in favor were Clapsaddle, Surko, Crum and
Voss. Those opposed were Weiland, Michael, Glister, Mueller, and
Hanus.
Weiland expressed his concern about the City's liability if a I foot setback is
approved.
Crum emphasized that past variances have been granted and the applicant has shown
sufficient hardship for the variance.
Mueller feels that if this variance were approved it would be setting a bad precedent,
and he feels there are ways to make a garage work on this property.
Michael questioned how the garage at 4853 Island View Drive was approved to be
constructed in 19797
The Building Official confirmed that other I foot setbacks have been approved,
however, the boulevards have been larger.
5
Planning Commission Minutes
March 27, I995
MOTION made by Mueller, seconded by Weiland. to recommend denial
of the variance request, as amended by the applicant for a 1 foot front
yard setback. MOTION to deny carried 6 to 3. Those in favor were:
Mueller, Weiland, Michael, Glister, Hanus, and Clapsaddle. Those
opposed were Crum, Surko, and Voss.
Those opposed expressed the following comments:
Crum commented that she feels this is sending a negative message to the
residents of Mound.
Surko believes the applicant has shown a hardship and he should be able to
improve the property.
Voss feels the proposal is a reasonable use of the property.
This case is scheduled to be heard by the City Council on April 11, 1995. The
applicant commented that he thought it was to be heard the next night, March 28th.
Staff clarified that the City Manager would need to approve a request for this case to
be heard on March 28th.
DISCUSSION: ORDINANCE PROVISIONS FOR DRIVEWAYS
MOTION made by Mueller, seconded by Weiland, to table discussion on
this item due to the late hour. Motion carried unanimously.
The Building Official explained why this issue is being proposed by staff, and indicated
that both the Public Works Superintendent, Greg Skinner, and himself, have proposed
changes to the report prepared by Hoisington Koegler Group. He explained that the
planner took the standard ordinance approach. The Commission requested that the
Building Official prepare his comments and have them available for discussion at the
next meeting.
MOTION made by Voss, seconded by Crum, to adjourn the meeting at
9:57 p.m. Motion carried unanimously.
Chair, Geoff Michael
Attest:
6
R. CARDARELLE
-3031
Certificate Of Survey
"~ Su~ey For Douq Smith
4849 Island View Drive
l~ound, MN
Book
Page
Land Surveyor
Eden Prairie, MN 55344
File
MAR gl l{){~
Scale: 1"=20'
y
·
L~V.c 5ho,-¢ .. ~,~'"'- ' '-' -" -'.
Lot 3- Blk.14, ~von
~w---~. 24th ~ F.hr-e~y "'J'°~5 ' ~/ ~-'' ~ Frank R. Cardarelle
~ ,~ ~,. 2,. q ~ State ,....o. ~,o}A II
( ¢='r F.. F-T...T' F p.. o ¢ -r ')
527
November 13, 1979
Councilmember Withhart moved the followi, ng resolution,
RESOLUTION NO. 79 - 484
RESOLUTION TO CONCUR WITH THE RECOMMENDATION
OF THE PLANNING COMMISSION TO APPROVE THE
NONCONFORMING USE
WHEREAS, owner of property described as Lot 4, Block 14, Devon, Plat 37870, Parcel
5125, PID #25-117-24 11 0037 has request'ed expansion of a nonconforming
use, and
WHEREAS, existing nonconforming use pertains to a 6.89 ft street front variance
and a 5.47 west sideyard variance and request would enable owner to move
an existipg wall forward 7 ft between garage and structure for additional
storage space in a covered area.
NOW, THEREFORE, BE IT RESOLVED'BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND,
MINNESOTA:
That Council concurs with the recommendation of the Planning Commission
to recognize the existing nonconforming use of the street front and west
side yard variances and approve the request to allow expansion of 7 feet
between garage and house for additional covered storage space.
A motion'for the adoption of the foregoing resolution was duly seconded by Council-
member Polston and upon vote being taken thereon; the following voted in favor there-
of; Lovaasen, Polston, Swenson, Ulrick and Withhart, the following voted against the
same; none, whereupon said resolution was declared passed and adopted, signed by
the Mayor and his signature attested by the City Clerk.
Attend/c: CMC' ' y
49
March 28, 1989
RESOLUTION 89-33
RESOLUTION TO RECOGNIZE A NONCONFORMING STRUCTURE
AND TO ALLOW THE ADDITION OF LIVING SPACE,
STORAGE SPACE AND DECKS FOR LOT 4, BLOCK 14, DEVON;
PID %25-117-24-11-0037 (4853 ISLAND VIEW DRIVE);
P & Z CASE %89-804.
WHEREAS, the applicant has applied for a variance to
recognize existing nonconforming front and side yard setbacks and
allow expansion of the structure to include additional garage
storage space, additional living space on three different levels
and decks on two levels, collectively requiring the following
variances:
A variance from the requirements of Section 23.,404 (8)
to expand the first floor level (basement) northward a
distance of approximately 20 feet. This expansion will
not change the existing exterior dimensions of the
structure.
On the west side of the structure, expansion of the
garage, living space on levels two and three, and a
deck on level two, all within an approximate .5 foot
setback requiring a 5.5 foot variance.
Expansion of the third level of the structure to the
north within 18.4 feet of the property line requiring a
1.6 foot variance and the addition of a deck with an
approximate size of 8 feet by 8 feet on the southwest
corner of the structure.
Recognition of the existing front yard setback
(attached garage with doors perpendicular to street) of
1.11 feet resulting in a 18.99 foot variance; and,
WHEREAS, the property received a variance in 1979
(Resolution #79-484) to allow expansion of the garage on the
property; and,
WHEREAS, the Planning Commission reviewed the request
and recommends approval after finding that strict application of
the Mound Zoning Code would present practical difficulties to the
property owner in the use of his land.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Mound, Minnesota, as follows:
50
March 28, 1989
That the city does hereby authorize the variances as
noted in items 1 through 3 above at 4853 Island View
Drive; PID #25-117-24-11-0037.
The city Council authorizes the existing structural
setback violation identified in item 4 above and
authorizes the additions to the structure pursuant to
Section 23.404, Subdivision (8) with the clear and
expressed understanding that the use remains as a law-
ful, nonconforming use, subject to all of the provi-
sions and restrictions of Section 23.404.
It is determined that the livability of the residential
unit will be improved by authorizing the following al-
terations to a nonconforming use property due to the
narrowness and total size of the lot:
Expansion of the first level (basement) to the
north with approximate dimensions of 20 feet by
20.4 feet.
Expansion of the second level garage on the west
side totaling an area approximately 3.4 feet by
8.5 feet.
Expansion of second level living area on the west
side of the structure with approximate dimensions
of 7.6 feet by 8 feet and a deck on the south end
of the new construction with an approximate size
of 8 feet by 8 feet.
Expansion of the third level living areas within
an envelope generally defined as being 18.4 feet
from the north property line, .5 feet from the
west property line extending approximately 44 feet
from the north property line and over the existing
second level of the home with approximate dimen-
sions of 20.4 feet by 36.5 feet. Additionally, a
deck will be constructed at the southwest corner
of level 3 with an approximate dimension of 8 feet
by 8 feet as shown on Exhibits 1 and 2.
Relocate boathouse 4 feet onto applicants property
or remove the boathouse.
This variance is granted for the following legally
described property:
51
March 28, 1989
Lot 4, Block 14, Devon
PID #25-117-24-11-0037
This variance shall be recorded with the county re-
corder or the Registrar of Titles in Hennepin County
pursuant to Minnesota State Statutes, Section 462.3595,
Subdivision (4).
This shall be considered a restriction on the use of
this property.
5. The property owner shall have the responsibility for
filing this resolution with Hennepin County and paying
all costs for such recording. The building permit
shall not be issued until proof of recording has been
filed with the City Clerk.
The foregoing resolution was moved by Councilmember
Jensen and seconded by Councilmember Jessen.
The following Councilmembers voted in the affirmative:
Ahrens, Jensen, Jessen, Johnson and Smith.
The following Councilmembers voted in the negative:
none.
Ma~or
Attest: city Clerk
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66
April 25, 1989
RESOLUTION 89-41
RESOLUTION TO AMEND RESOLUTION %89-33
AND ALLOW RECONSTRUCTION OF THE HOME IN
THE SAME FOOTPRINT AND GRANT VARIANCES
FOR THE POSITIONING OF THE BOATHOUSE OFF OF
PUBLIC PROPERTY AND ONTO THE APPLICANT'S
PROPERTY, LOT 4, BLOCK 14, DEVON;
PID %25-117-24-11-0037 (4853 ISLAND VIEW DRIVE);
P & Z CASE #89-804.
WHEREAS, Resolution #89-33, adopted on March 28, 1989,
granted several variances to allow additions and remodeling to
the above described property; and
WHEREAS, the applicant began removing walls, etc.,
without a permit; and
WHEREAS, while demolishing some walls, the house caved
in and it was discovered that the house did not have proper frost
footings and the garage walls did not have any footings.
NOW,. THEREFORE, BE IT RESOLVED that the City Council of .
the City of Mound, Minnesota, does hereby amend Resolution #89-33
to read as follows:
WHEREAS, the applicant has applied for a variance to
recognize existing nonconforming front and side yard set-
backs and allow new construction of a structure in the same
footprint as the old structure to include garage storage
space, living space on three different levels and decks on
two levels, collectively requiring the following variances:
A variance from the requirements of Section 23.,404 (8)
to allow new construction of the first floor level
(basement) northward a distance of approximately 20
feet. This expansion will not change the old exterior
dimensions of the structure.
On the west side of the structure, new construction of
the garage, living space on levels two and three, and a
deck on level two, all within an approximate .5 foot
setback requiring a 5.5 foot variance.
New construction of the third level of the structure to
the north within 18.4 feet of the property line requir-
ing a 1.6 foot variance and the addition of a deck with
an approximate size of 8 feet by 8 feet on the
southwest corner of the structure.
67
April 25, 1989
Recognition of the existing front yard setback
(attached garage with doors perpendicular to street) of
1.11 feet resulting in a 18.99 foot variance; and,
WHEREAS, the property received a variance in 1979
(Resolution #79-484) to allow expansion of the garage on the
property; and,
WHEREAS, the Planning Commission reviewed the request
and recommends approval after finding that strict applica-
tion of the Mound Zoning Code would present practical dif-
ficulties to the property owner in the use of his land.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Mound, Minnesota, as follows:
1. That the City does hereby authorize the variances as
noted in items 1 through 3 above at 4853 Island View
Drive; PID #25-117-24-11-0037.
2. The city Council authorizes the existing structural
setback violation identified in item 4 above and
authorizes the new construction of the structure pur-
suant to Section 23.404, Subdivision (8) with the clear
and expressed understanding that the use remains as a
lawful, nonconforming use, subject to all of the provi-
sions and restrictions of Section 23.404.
It is determined that the livability of the residential
unit will be improved by authorizing the following new
construction to a nonconforming use property due to the
narrowness and total size of the lot:
Replacement of the first level (basement) to the
north within the footprint shown on Exhibit 1 & 2.
Replacement of the second level garage within the
footprint shown on Exhibit 1 & 2.
Replacement of second level living area and a deck
on the south end of the new construction with an
approximate size of 8 feet by 8 feet within the
footprint shown on Exhibit 1 & 2.
Replacement of the third level living areas within
an envelope generally defined as being 18.4 feet
from the north property line, .5 feet from the
west property line extending approximately 44 feet
from the north property line and over the existing
68
April 28, 1989
second level of the home with approximate dimen-
sions of 20.4 feet by 36.5 feet. Additionally, a
deck will be constructed at the southwest corner
of level 3 with an approximate dimension of 8 feet
by 8 feet as shown on Exhibits I and 2.
Relocate boathouse onto applicants property and
grant a 3 foot side yard variance and 4 foot rear
yard variance.
Upon further condition that the Registered Land
Survey included by updated to include the staking
of the utility easement.
This variance is granted for the following legally
described property:
Lot 4, Block 14, Devon
PID #25-117-24-11-0037
This variance shall be recorded with the county re-
corder or the Registrar of Titles in Hennepin County
pursuant to Minnesota State Statutes, Section 462.3595,
Subdivision (4).
This shall be considered a restriction on the use of
this property.
The property owner shall have the responsibility for
filing this resolution with Hennepin County and paying
all costs for such recording. The Certificate Of Oc-
cupancy shall not be issued until proof of recording
has been filed with the City Clerk.
The foregoing resolution was moved by Councilmember
Jensen and seconded by Mayor Smith.
The following Councilmembers voted in the affirmative:
Ahrens, Jensen, Jessen, Johnson and Smith.
The following Councilmembers voted in the negative:
none.
Attest: city Clerk
158
July 11, 1989
RESOLUTION 89~84
RESOLUTION TO CONCUR WITH T~E PLANNING COHHISSION
TO ALLOW A FRONT YARD SETBACK VARIANCE FOR LOT 4, BLOCK 3,
S~3tDYWOOD POINT; PID 913-117-24-11 0135
(1766 SHOREWOOD LANE); P&Z CAS~ 989-824
WHEREAS, the applicant has applied for a variance to
allow a two story addition containing a two car garage and living
space to the existing principal structure within one (1) foot of
the front property line for Lot 4, Block 3, Shadywood Point; PID
%12-117-24-11 0135; and
WHEREAS, The subject property is. located in the R-2
Single Family Zoning District according to the Mound Code of Or-
dinances, which requires a 20 foot front yard setback; and
WHEREAS, Section 23.404, Subdivision (8) of the Mound
Coae of Ordinances provides that alterations may be made to a
building containing a lawful nonconforming use which will improve
the livability thereof; and
WHEREAS, the Planning Commission reviewed the request
and found that the one story garage should be approved within one
(1) foot of the front lot line because no feasible alternative
for a garage exists on the lot due to the width of the parcel;
and
WHEREAS, the Planning Commission reviewed the request
for second story living quarters above the garage within three
(3) feet of the front lot line and found that such construction
would alleviate undue hardship due to practical difficulty.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Mound, Minnesota, as follows:
That the city does hereby authorize the applicant's request
to construct a garage and entry area on the first floor
within one (1) foot of the front lot line (19 foot variance)
for the' property at 1766 Shorewood Lane; PID #13-117-24-11
0135.
That the City does hereby approve the request for a 17 foot
variance to construct second story living quarters above the
first floor construction referenced in item #1 above due to
the finding that strict interpretation of the Mound Zoning
Code would impose practical difficulty upon the applicant.
159
July 11, 1989
The City Council authorizes the structural setback violation
and authorizes the alterations set forth below, pursuant to
Section 23.404, Subdivision (8) of the Mound Code of Or-
dinances 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 residential unit will be improved
to afford the owner reasonable use of his property by
authorizing the construction of a first floor garage and
entry area within one (1) foot of the front property line
and 2nd floor living quarters within three (3) feet of the
front property line.
This variance is granted for the followihg legally described
property: Lot 4, Block 3, Shadywood Point, PID #13-117-24-
11 0135. --
This variance shall be recorded with the County Recorder
with the Registrar of Titles in Hennepin County pursuant to
Minnesota State Statutes,' Section 462.3595, Subdivision (4).
This shall be considered as a restriction on how this
property may be used.
e
The property owner shall have the responsibility for filing
this resolution with Hennepin County and paying all costs
for such recording. The building permit shall not be issued
until proof of recording has been filed with the city Clerk.
The foregoing resolution was moved by Councilmember
Ahrens and seconded by Councilmember Jessen.
The following Councilmembers voted in the affirmative:
Ahrens, Jensen, Jess·n, Johnson and Smith.
The following Councilmembers voted in the negative:
none.
Attest: City Clerk
PLANNING REPORT
TO: Planning Commission and Staff
FROg: Mark Koegler, City Planner
DATE: June 5, 1989
SUBJECT: Variance (Front yard setback)
APPLICANT: Daniel P. Johnson
LOCATION: 1766 Shorewood Lane
CASE NUHBER: 89-~24
VHS FILE NUHBER: 89-310-A19-Z0
EXISTING ZONING: R-2
COHPREHENSIVE PLAN: Residential
BACKGROUND: The applicant is seeking approval of a 19 foot front
yard variance to construct a two car garage and second floor living
space addition. The existing home sits approximately 24 feet back
from the front yard property line. Proposed improvement plans call
for construction of a garage and entry area on the first floor and
a new bedroom on the second floor between the existing front of the
home and the front property line. Upon completion, the addition
to the home will be 1 foot from the front property line.
The subject property is a lakeshore lot with limited side yard
areas (6 feet and 9.6 feet). In the application, Mr. Johnson notes
that the "existing setbacks do not allow wide enough driveway
access for (the) garage to be on (the) lakeside." Because of the
limited side yard areas, staff feels that placement of the garage
in the rear yard is impractical and would result in a single car
width driveway abutting the south lot line. Because of this
situation, approval of a front yard variance for the garage seems
to be warranted in this case. Properties approximately one block
north of this site have garages very close to Shorewood Lane.
According to City Code, requested variances are to be "the minimum
variance which would alleviate the hardship." This section of the
ordinance impacts both the proposed garage and the second floor
living space that is proposed to be constructed above it.
3030 Harbor Lane North Bldg.ll, Suite 104 Minneapolis, MN. 55447-2175 6121553-1950
Regarding the garage, the applicant is proposing the construction
of a structure to house two vehicles. The proposed garage is 24
feet in width resulting in the I foot front setback. A 22 foot
wide garage will accommodate two vehicles but would reduce the
required variance to 17 feet.
The existing home presently has a rear yard setback of
approximately 78 feet from Lake Minnetonka. The City and the LMCD
require a 50 foot lakeshore setback for the principal structure.
Construction of additional living space at the rear of the home is
possible in conformance with the City's setback requirements.
Past actions by the Planning Commission and City Council have
recognized the need to allow variances for the construction of
garages when no feasible alternatives exist. Garages have been
found to be normal and customary parts of residential structures.
In all cases, the City has not allowed construction of living space
within one foot of a property line when feasible alternatives
exist, particularly when the construction will be two stories in
height.
R£COMM£NDATION: Staff recommends approval of a 19 foot front yard
variance for the construction of a new garage and entry area on the
first floor of the home. Second story construction within the 20
foot required setback area is specifically prohibited since other
alternatives for the construction of additional living space exist.
RESOLUTION NO. 95-
RESOLUTION REQUESTING THE US CONGRESS AND PRESIDENT
TO REMOVE THE 20% CEILING ON THE ALLOCATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
TOWARDS PUBLIC SERVICE ACTIVITY PROJECTS
WHEREAS, the City of Mound through execution of a Joint Cooperation
Agreement with Hennepin County, is cooperating in the Urban Hennepin County
Community Development Block Grant Program (CDBG); and
WHEREAS, the City of Mound developed a proposal for the use of Urban
Hennepin County CDBG funds made available to it, and held a public hearing to obtain
the views of the citizens and local needs and priorities; and
WHEREAS, the Westonka Senior Center using CDBG funds has for many
years provided valuable service to the elderly of our community; and
WHEREAS, the Federal mandate limiting the amount of Urban County
CDBG funds available for eligible services to only 20% of the total available has this
year created a major funding crisis for our local Westonka Senior Center and will see
a decline in services available; and
WHEREAS, the City of Mound understands local conditions and needs
better than HUD.
NOW, THEREFORE, be it resolved, that the City Council of the City of
Mound requests Congress and the President of the United States to remove the 20%
mandate or allow increased local flexibility in the percentage of CDBG funds allowed
to be allocated for services to eligible persons.
The foregoing resolution was moved by Councilmember and seconded
by Councilmember
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Mayor
Attest: City Clerk
TO:
FROM:
RE:
MAYOR, CITY COUNCIL AND CITY MANAGER
GINO BUSINARO, FINANCE DIRECTOR
MARCH FINANCE DEPARTMENT REPORT
Invest me nt activity
Bought:
CP Smith Barney
Matured:
CP Smith Barney
CP Smith Barney
Money Market Smith Barney
Money Market 4M
6.15%
5.76%
5.58%
778,452
(397,140)
(428,738)
(4,031)
(75,oo0)
Audit
Auditors from the CPA firm of Abdo Abdo & Eick were with us for
a full week this month. Their audit of the 1994 City financial activity
is progressing as scheduled. A report to the City Council will be
presented at the May 9, 1995 meeting.
Legislative Conference
On Thursday March 30th Ed and I attended the 1995 Legislative Conference.
Many legislative issues were discussed by the leadership of the League
of Cities and its staff. Two major areas of concern to us are the State Aid
to local governments and the property tax freeze.
Under the Governor's budget proposal the City of Mound would lose
$60,273 of state aid in 1995, which represents 7.5% of the total aid.
The property tax freeze as proposed by the State Senate (bill S.F. 1570)
would put serious strain to our 1996 budget. The City is limited in its
ability to control expenditure increases brought about by inflation.
At the same time drastic cuts were made in the past few years and any
additional cuts in expenditures would impair the ability to provide
essential services to the community.
MOUND VOLUNTEER FIRE DEPARTMENT
MOUND, MINNESOTA
FOR MONTH OF ~.IAPC~ lqq5
FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE
3/13 3/20 W~ IELRS }{IRS/ ~
1 JEFF ANDERSEN X X 2 19.00 4 47 6.00 282.00
2 GREG ANDERSON X X 2 19.00 8 48 6.00 288.00
3 PAUL BABB X X 2 19.00 2.5 38 6.00 228.00
4 DAVE BOYD X X 2 19.00 2 21 6.00 126.00
5 SCOTT BRYCE ~' ~7 0 -0- 14 28 6.00 168.00
6 DAVE CARLSON X X 2 19.00 2 29 6,0Q 174.00
7 ,3tt,~ CASEY ~ (~ 0 -0- 2.5 22 6,00 132.00
8 STEVE COT,13NS X X 2 19.00 2 22 6.00 132.00
9 BOB CRAWFORD X X 2 19.00 7 37 6.00 222.00
10 RAI~DY tiNc. F3,HART (~)/ (~ 0 -0- - 12 6.00 72.00
12 P~= ~sK Ct) CD o -o- o o 6.00 -o-
17 ~0~ ~so~ × ~ 2 1~.00 0 34 6.00 20~.00
1~' ~ON ~ x × 2 19.00 2 37 6.00 222.00
X X 2 19.00 2 21 6.00 126.00
19 JOHN NAFU,q
21 MARVIN NEt,.qON X ~ 2 19.00 4.5 31 6.00 ]86.00
22 BRET NICCUM X X Z 19.00 3.5 32 6.00 lq2.00,.
23 C, REG, PAI,M X X 2 19.00 4.5 28 6.00 168.O0
24 ~.IIKE PALM X X 2 19.00 2.5 33 6.00 198.00
25 TIM PAI2,1 X X ' 2 %9,00 2.5 40 6.00 240.O0
26 GREG PEDERSON X X 2 19.00 4 Z~ 6.00 126.O0
27 c}rjlIS POUNDER X X 2 19.00 7.~ 4~ 6.00 Z70.00
28 TQN~ RASMUSSEN X ('~ 1 9.50 1.5 27 6.00 162.00
29 MIKE SAVAQE X X 2 19.00 9 36 6.00 216.00
30 KEVIN SIPPI~F3,L X X 2 19.00 3 28 6.00 168.00
31 RON STALt;iA~N X X 2 19.00 6 21 6.00 126.00
32 BRUCE SVOBODA X X 2 19.00 2.5 40 6.00 240.00
33 TOM SWI~SON X X ~ 19.00 2.5 30 6.00 180.00
34 ED VANECEI< X X 2 19.00 2 33 6.00 198.00 _
~, RICK WILLIAMS X X 2 19.00 18.5 35 6.00 210.00
36 TII.i ~LLIAbIS (~ ~ 0 -0- 2 23 6.00 138.00
37 DENNIS WOYTCKE X X 2 19.00 1 41 6.00 246.00
32 31 63
80 77.5 157.5 598.50 135.5 1135 ~11{~ 6,838.50
157.5 l~lg 598.50
135.5 MAINI 1~167.00
2DTAL 8,604.00
MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT
MON~ MONT}{ TO DATEI TO DATE
~DIq~ OF M gRC,~
~0. OF CALLS 50 47 173 137
FIRE 1 3 7 43 20
~OUND
E~RGENCY' 15 19 29 63
MINNETONKA BEACH FIRE O 2 3 8
]~MERGENCY O .1 1 O
MINNETRISTA FIRE % Z 9
~M]~GENL'Y ?, Z 6 1 O
ORONO FIRE ? ] 6 7
EMERGENCY ? ? 8
SHOREWOOD FIRE 1 0 1 0
MMERGENCf 0 0 0 1
SPRING PARK FIRE 2 4 11 5
F~.~-'RGE~'Y 8 5 23 8
MUTUAL AID -' FIRE 1 1, 2 1
~MERGENCY 0 1 1 0
TOTAL FIRE CALLS 23 17 75 47
TOTAL EMERGENCY CALLS 27 30 98 90
COMMERCIAL 0 0 0 3
RESIDENTIAL ~ 4 , 20 9
n~X3STR~-AL Q 0 0 0
GRASS & MISCELLANEOUS ~ 1 15 6
AUTO Z 1 4 2
FALSE ALARM / FIRE ALARMS 9 lQ ~ 26
NO. OF HOURS FIRE 277 150 969 5O8
- MOUND ']R~IGEN~Y 367 ~7~ ~224 1273
TOTAL 644 525 Zlg~ 1781
FIRE 0 42 72 lZ0 -
- MTKA BEACH EMERC, ENCY (] 22 22
TOTAL (] 64 94 120
FIRE 7~ ~] ] 74 51
- M' TRISTA F~,~GENCY 52 33 127 %74
TOTAL ] 2,5 64 301 225
FIRE 51 23 132 178
- ORONO ]~MERGENCY ~2 42 211 ,~102
TOTAL 103 65 343 280
FIR~ Z~ 0 28 0
- SHOREWOOD m~ERGENCY O O O 22
TOTAL 28 0 28 ~2
FIRE 35 100 255 127
SP. PARK ]R~ERGENOY 177 105 47~
TOTAL 212 2Q~ 7~ ~78
FIRE 23 54 77 96
- MUTUAL AID EMERG~IqCY 0 17 17 0
TOTAL 23 71 94 96
TOTAL DRILL HOURS 160 14~% 460 480
TOTAL FIRE HOURS 4~7 4QQ ~ 7(]7 ]080
TOTAL EMERGENCY HOURS 648 594 ?,079 ] 7?,?,
/DTAL FIRE & ~iMERGENCY HOURS ll,~ qq4 2786
MUTUAL AID RECEIVED Q fl (]
MUTUAL AID ~VEN 1 ~ ~
DRILL REPORT.
Discipline and Teamwork
Critique of fires
Pre-plan and Inspections
Tools and Apparatus I~entify
Hand Extinguisher Ope~tion
Wearing protective,ClothiBg
Films
First Aid and Rescue Operation
Use of Self-Contained Masks
~OUND-FIRE-DEPARTMENT
Pumper Operations
Fire Streams & Friction Loss
House Burnings
Natural/Propane Gas Demos.
· Ladder Evolutions
Salvage O~erations
Radio Operations
House Evolutions
Nozzles & Hose'Appliances
Hours Training Paid :
~Excused
X' Unexecused
O .Present / Not Paid
Miscellaneous
~\~--J.Andersen
G.Anderson
P.Babb
!!Boyd
Bryce
Carlson
~icasey
.Collins
Crawford
Engelhart
.Erickson
P.Fisk
· Grady
P E R S'O N N E L
Henderson ~.% ~ T. R a s mu s s e n
.%~1~.H~ M.Savage
~_~.Larson .Sipprell
%~3~J.Maas R.Stallman
J.Nafus I___~B.Svoboda
J.Nelson ~ Swenson
M.Nelson E.Vanecek
~B.Niccum R.Williams
G.Palm ~.Williams
Palm D.Woytcke
Z_T.Palm
Pederson
DRILL REPORT
Discipline and Teamwork
Critique of fires
Pre-plan and Inspections
Tools and Apparatus I~entify
Hand Extinguisher Operation
~ear±n~ Protective,¢loth'~ng
Films
First Aid and Rescue Operation
Use of Self-Contained Mask's
MOUND--FIRE--DEPARTMENT.
Pumper Operations
Fire Streams & Friction Loss
House Burnings
Natural/Propane Gas Demos,
· Ladder Evolutions
Salvage O~erations
Radio Operations
House Evolutions
Nozzles & Hos~'Appliances
Hours Training Paid :
Excused X Une~ecused ' O .Present / Not Paid
Miscellaneous :
P E R S'O N N E L ', il
~\ J.Andersen ~
'G.Anderson ~
P.Babb
'd
.Bryce
L-D.Carlson
J.Casey
S,Collins
~' ' K.Grady.
].,'¢.Henders6r
,LarsOn
,Maas
J ,Nafus
J ,Nelson
M,Nelson
C,Pounder
T,Rasmussen
M,Savage
i,Sipprell
R,Stallman
B,Svoboda
,Swenson
,Vanecek
~.~R.Crawford ' . . B,NicCum ' R,Williams
,Engelhart " ' G,Palm ~ · .~,Williams
~S.Erickson ' M,Palm ~ .--~\ ; ~,Woytcke
~_P.Fisk . T,palm ~ '
~D.Grady ' ' ~Pederson ' · -~
DATE
MOUND FIRE DEPARTMENT
TOTAL MAINTENANCE FOR MONTH OF
MEN ON DUTY
~ J. ANDERSEN
~ G. ANDERSON
~7~' P. BABB
D. BOYD
/~/
So BRYCE
D. CARLSON
s. COLLINS
~ S.
O P; FISK
¥ ~. ~
~?~' r, GRADY
~ c. mmDERSON
J. i2tRSON
j. MAAS
~ J.
'l '/ ~ j. NELSON
TOTAL MONTHLY HOURS
~//~ M. NELSON
~/~- B. NICCUM
Pzf~l G. PALM
~,? ~L M. PALM
V ~. PmmsoN
?f~ c.~m
M. SAVAGE
K. SIP~L
R. S~LL~
B. SVO~DA
E. v~m
T. ~~
/
D. WO~
LEN HARRELL
Chief of Police
MOUND POLICE
5341 Maywood Road
Mound, MN 55364
Telephone 472-0621
Dispatch 525-6210
Fax 472-0656
EMERGENCY 911
TO:
FROM:
SUBJECT:
Ed Shukle
Chief Len Harrell
Monthly Report for March 1995
The police department responded to 768 calls for service during the month
of March. There were 20 Part I offenses reported. Those offenses
included 1 criminal sexual conducts, 1 aggravated assault, 16 larcenies, 1
vehicle theft, and 1 arson.
There were 55 Part II offenses reported. Those offenses included 6 child
abuse/neglect, 1 weapon, 1 narcotic, 11 damage to property, 1 DUI, 6
simple assaults~ 7 domestics (5 with assault), 8 harassment, 9 juvenile
status offenses, and 5 other offenses.
The patrol division issued 109 adult citations and 2 juvenile citations.
Parking violations accounted for an additional 46 tickets. Warnings were
issued to 54 individuals for a variety of violations.
There were 2 adults and 4 juveniles arrested for a felonies. There were 10
adults and 7 juveniles arrested for misdemeanors. There were an additional
7 warrant arrests.
The department assisted in 26 vehicle accidents, 1 with injuries. There
were 28 medical emergencies and 46 animal complaints. Mound assisted
other agencies on 17 occasions in March and requested assistance 11 times.
Property valued at 5,379 was stolen in March.
MOUND POLICE DEPARTMENT
MONTHLY REPORT - MARCH 1995
II.
INVESTIGATIONS
Inv. Truax worked on 5 child protection issues, 3 CSC's, 3 burglaries and a
narcotics case in March. Those cases accounted for 77 hours of
investigative time. Other cases investigated included their, assault, damage
to property, absenting, and adult protection issues.
A formal complaint was issued for possession of narcotics during the
month of March.
III.
Personnel/Staffing
The department used approximately 42 hours of overtime during the month
of March. Officers used 65.5 hours of comp-time, 120 hours of vacation,
58 hours of sick time, and 28.5 holidays. Officers earned 50 hours of
comp-time.
IV. IB. AIIfllIS_G
Officers attended 34 hours of mandated training in use of force, Haz-Mat
and blood born pathogens in the month of March. Officers also attended
24 hours of standard investigations. Inv. Truax has started the Wilson
Supervisory Leadership Series.
The reserves donated 147.75 hours during the month of March.
MOUND POLICE DEPARTMENT
F~RCH 1995
O~'~'~.~SES CLEARED EXCEPT- CLEARED BY ARRESTED
REPORTED UNFOUNDED CLEARED ARREST ADULT JUV
PART I CRIMES
Homicide
Criminal Sexual Conduct
Robbery
Aggravated Assault
Burglary
Larceny
Vehicle Theft
Arson
0 0 0 0 0 0
1 0 0 0 1 0
0 0 0 0 0 0
1 0 0 1 0 1
0 0 0 0 0 0
16 2 1 2 1 2
1 1 0 0 0 0
1 0 0 1 0 1
TOTAL
20 3 I 4 2 4
PART II CRIMES
Child Abuse/Neglect
Forgery/NSF Checks
Criminal Damage to Property
Weapons
Narcotic Laws
Liquor Laws
DWI
Simple Assault
Domestic Assault
Domestic (No Assault)
Harassment
Juvenile Status Offenses
Public Peace
Trespassing
All Other Offenses
6 3 0 0 0 0
0 0 0 0 0 0
11 0 2 1 1 0
t- 0 1 0 1 0
1 0 0 1 1 0
0 0 0 0 0 0
1 0 0 1 1 0
6 0 4 1 0 1
5 0 0 3 4 0
2 0 0 0 0 0
8 0 1 0 0 0
9 0 3 6 0 6
1 0 0 0 0 0
0 0 0 0 0 0
4 0 0 2 2 0
TOTAL
55 3 11 15 10 7
PART II & PART IV
Property Damage Accidents
Personal Injury Accidents
Fatal Accidents
Medicals
Animal Complaints
Mutual Aid
Other General Investigations
1
1
0
28
46
17
595
TOTAL
688
HCCP
Inspections
TOTAL
768
12
19
12 11
MOUND POLICE DEPARTMENT
CRIME ACTIVITY REPORT
MARCH 1995
GENERAL ACTIVITY SUMMARY
Hazardous Citations
Non-Hazardous Citations
Hazardous Warnings
Non-Hazardous Warnings
Verbal Warnings
Parking Citations
DWI
Over o10
Property Damage Accidents
Personal Injury Accidents
Fatal Accidents
Adult Felony Arrests
Adult Misdemeanor Arrests
Juvenile Felony Arrests
Juvenile Misdemeanor Arrests
Part I Offenses
Part II Offenses
Medicals
Animal Complaints
Ordinance Violations
Other Public Contacts
THIS
MONTH
72
37
11
37
58
46
1
1
1
1
0
2
18
4
7
20
55
28
46
19
595
YEAR TO
DATE
250
188
59
145
161
160
8
7
23
9
0
3
72
7
17
54
149
84
121
51
1,495
LAST YEA/~
TO DATE
144
140
64
122
201
120
21
17
34
8
0
11
76
20
11
67
132
66
237
75
2,531
TOTAL
Assists
Follow-Ups
HCCP
Mutual Aid Given
Mutal Aid Requested
1,059
79
39
2
17
11
3,063
1197
98
8
18
35
4,097
124
193
11
33
19
MOUND POLICE DEPARTMENT
MARCH 1995
DWI
More Than .10% BAC
Careless/Reckless Driving
Driving After Susp. or Rev.
Open Bottle
Speeding
No DL or Expired DL
Restriction on DL
Improper, Expired or No Plates
Stop Arm Violations
Stop Sign Violations
Failure to Yield
Equipment Violations
H&R Leaving the Scene
No Insurance
Illegal or Unsafe Turn
Over the Centerline
Parking Violations
Crosswalk
Dog Ordinances
Code Enforcement
Seat Belt
MV/ATV
Miscellaneous Tags
~OTAL
1
1
0
11
0
46
1
0
3
3
7
0
5
0
27
0
0
46
0
0
0
4
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
MOUND POLICE DEPD~I{TMENT
MARCH 1995
Insurance
Traffic
Equipment
Crosswalk
Animals
Trash/Derelict Autos
Seat Belt
Trespassing
Window Tint
Miscellaneous
TOTA~
WARRANT ARRESTS
Felony
Misdemeanor
2
11
17
1
1
12
0
0
1
5
50
2
1
1
0
0
0
0
0
0
0
Run: 28-Mar-95 11:18 PRO03
Primary ISN's onty: No
Date Reported range: 02/26/95 - 03/25/95
Activity codes: All
Property Status: All
Property Types: All
Property Oescs: All
Brands: ALL
Models: All
Officers/Badges: All
Prop Prop Inc no [SN Pr
Tp Desc SN
MOUND POLICE DEPARTMENT
Enfors Property Report
STOLEN/RECOVERED BY DATE REPORTED
Prop Date Rptd Stolen Date Recov~d Quantity Act
Stat Stolen Value Recov~d Value Code
0 Prop type Totals:
E Prop type Totals:
S Prop type Totals:
T Prop type Totals:
W Prop type Totals:
X Prop type Totats:
Y Prop type Totals:
**** Report Totals:
1,250 0 1.000
1 1 1.000
880 0 2.000
121 1 2.000
130 0 1.000
2,977 0 3.000
20 0 3.000
5,379 2 13.000
Brand
Model
Page
off-1 off-2
AssndAssnd
Run: 28-Mar-95 9:37 CFS08
Primary [SN's only: No
Date Reported range: 02/26/95 - 03/25/95
Time range each day: 00:00 - 23:59
HOW Received: AlL
Activity ResuLted: ALL
Dispositions: ALL
Officers/Badges: ALL
Gr~ds: ALL
Patrol Areas: ALL
Days of the week: ALL
MOUND POLICE DEPARTMENT
Enfors CaLLs For Service
INCIDENT ANALYSIS BY ACTIVITY COOE
ACTIVITY COOE NUMBER OF
DESCRIPTION INCIDENTS
9000 SPEEDING 46
9002 NO D/L, EXPIRED D/L 1
9014 STOP SIGN 7
9017 J-FAILURE TO YIELD 1
9018 EQUIPMENT VIOLATION 5
9034 STOP ARM VIOLATION 3
9035 J-NO PASSING 1
9040 NO SEATBELT 4
9100 PARKING/ALL OTHER 5
9140 NO PARKING/WINTER HOURS 41
9200 DAS/DAR/DAC 11
9210 PLATES/NO-IMPROPER-EXPIRED 3
9220 NO INSURANCE/PROOF OF 27
9300 LOST ARTICLES/OTHER 1
9301 LOST PERSONS 1
9312 FOUND ANIMALS/IMPOUNDS 4
9313 FOUND PROPERTY 3
9314 FOUND VEHICLES/IMPOUNDED 2
9315 UNCLAIME DESTROYED ANIMALS 3
9420 DERELICT AUTO 1
9430 PERSONAL INJURY ACCIDENTS 1
9450 PROPERTY DAMAGE ACCIDENTS 1
Page
Run: 28£Nar-95 9:37 CFS08
Primary [SN's onty: No
Date Reported range: 02/26/95 - 03/25/95
Time range each day: 00:00 - 23:59
HOU Received:
Activity Resutted: Att
Dispositions:
Officers/Badges:
Grids: Att
Parrot Areas: ALL
Days of the week: Att
MOUND POLICE DEPARTMENT
Enfors Carts For Service
INCIDENT ANALYSIS BY ACTIVITY CODE
ACTIVITY CODE NUMBER OF
DESCRIPTION INCIDENTS
9465 SNO~OBILE ACCIDENTS 1
9561 DOG BITE 1
9710 MEDICAL/ASU 2
97~0 MED]CALS 24
97~1 MEDICALS/DX 2
97~2 MEDICALS/CI 1
97~5 IOD INJURY 2
9740 MENTAL CASES 1
9800 ALL OTHER/UNCLASSIFIED 3
9801 DOMESTIC/NO ASSAULT 2
9810 LOITERING/LURKING 1
9900 ALL HCCP CASES 2
9904 OPEN DOOR/ALARMS 12
9920 INSPECTIONS DEPARTMENT 3
9930 HANDGUN APPLICATION 6
9945 SUSPICIOUS PERSON 1
9980 WARRANTS 8
99~0 MISC. VIOLATIONS 1
9992 MUTUAL AID/8100 6
9993 MUTUAL AI0/6500 8
~994 MUTUAL AID/ ALL OTHER 3
A0022 ASLT-UNK DEGREE-UNK ACT-FIREARM-ADLT ACQ 1
I &o
Page
Run: 28-~ar-95 9:37 CFS08
Primary ISN's onty: No
Date Reported range: 02/26/95 - 03/25/95
Time range each day: 00:00 - 2]:59
HOW Received: ^tl
Activity Resutted: Att
Dispositions: AIl
Officers/Badges: AIl
Grids: ALL
Patrol Areas: All
Days of the week: All
MOUND POLICE DEPARTMENT
Enfors Carls For Service
INCIOENT ANALYSIS BY ACTIVITY COOE
ACTIVITY COOE NUMBER OF
DESCRIPTION INCIDENTS
5
5
1
1
1
4
1
1
1
9
1
8
1
1
?
1
1
2
1
1
A5351 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM
A5152 ASLT 5-MS-INFLICT BO HRM-HANOS-ASLT-AC
A5154 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM
A5355 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ
D8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION
F1224 ARSON 1-UNINHB-NO WEA-OT RESID-$300-$2499
I]060 CRIM AGNST FAM-MS-NEGLECT OF A CHILD
dj500 TRAF-ACCIO-MS-DRIVE UNDER INFLUENCE OF LIQUOR
d]EO0 TRAF-ACC-MS-AL 10 MORE-UNK INd-UNK VEH
L5173 CSC 3-NO FRC-ACQUAINT-1~-lS-F
M5150 JUVENILE-RUNAWAY
N3070 DISTURB PEACE-MS-PUBLIC NUISANCE
N]190 OISTURB PEACE-MS-HARRASSING COMMUNICATIONS
Pl120 PROP OAMAGE-FE-PUBLIC-UN[ INTENT
P2120 PROP OAMAGE-GM-PUBLIC-UNK INTENT
P]110 PROP DAMAGE-MS-PRIVATE-UN[ INTENT
P3120 PROP DAMAGE-MS-PUBLIC-UNK INTENT
P3130 PROP DAMAGE-MS-BUSINESS-UNK INTENT
TC029 THEFT-501-2500-FE-BUILDING-OTH PROP
TC059 THEFT-501-2500-FE-YARDS-OTH PROP
TC999 THEFT-501-2500-FE-OTHER-OTH PROP
TG021 THEFT-LESS 200-GM-BUILOING-MONEY
Page 3
Run: 28-~ar-95 9:37 CFS08
Primary ISN's only: No
Date Reported range: 02726795 - 03725/95
Time range each day: 00:00 - 23:59
How Received: All
Activity Resulted: All
Dispositions: Alt
Officers/Badges: Att
Grids: All
Patrol Areas: All
Days of the week: All
MOUND POLICE DEPARTMENT
Enfors Calls For Service
INCIDENT ANALYSIS BY ACTIVITY COOE
ACTIVITY COOE NUMBER OF
DESCRIPTION INCIDENTS
TG051 THEFT-LESS 200-GM-YARDS-MONEY 1
TG059 THEFT-LESS 200-GM-YARDS-OTH PROP 2
TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP 3
TG189 THEFT-LESS 200-GM-FISHOUSES-OTH PROP 1
U1234 FRAUD-FE-LONG DIST PHON CALL-$301-$500 1
U3060 THEFT-MS-BY SWINDLE OR TRICK-UNK LOSS 1
U3288 THEFT-MS-SHOPLIFTING-200 OR LESS 1
VE021 VEH-200 OR LESS-MS-THEFT-AUTO 1
W3599 WEAPONS-MS-CARRY TRANS-OTHER-UNLAW PURPOS 1
X3200 CR1M AGNST ADM JUST-MS-GIVE FLSE NAM POL 1
**** Report Totals: 333
Page
Run: 28-Nar-95 15:27 OFF01
Primary IS#'s onty: No
Date Reported range: 02/26/95 - 03/25/95
Time range each day: 00:00 - 23:59
Dispositions: Att
Activity codes: Att
Officers/Badges: Att
Grids: ALt
ACT ACTIVITY
COOE DESCRIPTION
A0022
A5352
A5354
A5355
D8500
F1224
13060
J3500
J3EO0
L5173
M5350
N3070
N3190
Pl120
P2120
P3110
P3120
ASLT'UNK DEGREE-UNK ACT-FIREARM-ADLT ACQ
ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM
ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC
ASLT 5-1NFLICTS ATTEMPTS HRM-NANDS-CHLD-FAM
ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ
DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION
ARSON I-UNINHB-NO WEA-OT RESID-$300-$24~
CRIM AGNST FAN-MS-NEGLECT OF A CHILD
TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR
TRAF-ACC-HS-AL 10 MORE-UNK INJ-UNK VEH
CSC 3-NO FRC-ACQUAINT-13-15-F
JUVENILE-RUNAWAY
DISTURB PEACE-MS-PUBLIC NUISANCE
DISTURB PEACE-MS-HARRASSING COMMUNICATIONS
PROP DAMAGE-FEoPUBLIC-UNK INTENT
PROP DAMAGE-GM-PUBLIC-UNK INTENT
PROP DAHAGE-MS-PRIVATE-UNK INTENT
PROP DAMAGE-MS-PUBLIC-UNK INTENT
TC029 THEFT-501-2500-FE-BUILDING-OTH PROP
TC059 THEFT-501-2500-FE-YARDS-OTH PROP
TC999
TG021
TG051
THEFT-501-2500-FE-OTHER-OTH PROP
THEFT-LESS 200-GM-BUILDING-MONEY
THEFT-LESS 200-GM-YARDS-MONEY
MOUND POLICE DEPARTMENT
Enfors Offense Report
OFFENSE ACTIVITY DISPOSITIONS
OFFENSES UN- ACTUAL
REPORTED FOUNDED OFFENSES
PENDING
1 0 1 0
5 1 4 1
5 0 5 2
I 0 I 1
2 0 2 0
1 0 1 0
1 0 1 0
4 2 2 2
1 0 1 0
1 0 1 0
1 0 1 1
9 0 9 0
1 0 1 1
8 0 8 7
1 0 1 0
1 0 1 0
7 0 7 6
1 0 1 1
2 1 1 1
2 0 2 2
1 1 0 0
1 0 1 0
1 0 1 1
Page 1
..... OFFENSES CLEARED ....
ADULT JUVENILE BY EX- PERCENT
ARREST ARREST CEPTION TOTAL CLEARED
0 I 0 1 100.0
3 0 0 3 75.0
0 0 3 3 60.0
0 0 0 0 0.0
0 1 1 2 100.0
1 0 0 1 100.0
0 I 0 1 100.0
0 0 0 0 0.0
1 0 0 1 100.0
1 0 0 1 100.0
0 0 0 0 0.0
0 6 3 9 100.0
0 0 0 0 0.0
0 0 1 1 12.5
0 0 1 1 100.0
1 0 0 1 100.0
0 0 1 1 14.2
0 0 0 0 0.0
0 0 0 0 0.0
0 0 0 0 0.0
0 0 0 0 0.0
0 0 1 1 100.0
0 0 0 0 0.0
Run: 28-Nar-95 15:27 OFF01
Primary ISH~s only: No
Date Reported range: 02/26/95 - 03/25/95
Time range each day: 00:00 - 23:59
Dispositions: All
Activity codes: All
Officers/Badges: Att
Grids: Att
ACT ACTIVITY
COOE DESCRIPT[ON
TG059
TG159
T6189
U1234
U3060
U3288
VE021
U3599
X3200
THEFT-LESS 200-GM-YARDS-OTH PROP
THEFT-LESS 200-GM-MOTOR VEH-OTH PROP
THEFT-LESS 200-GM-F[SHOUSES-OTH PROP
FRAUO-FE-LONG DIST PHON CALL-$301-$500
THEFT-MS-BY SWINDLE OR TR[CK-UNK LOSS
THEFT-MS-SHOPLIFTING-200 OR LESS
VEH-200 OR LESS-MS-THEFT-AUTO
WEAPONS-MS-CARRY TRANS-OTHER-UNLAW PURPOS
CR[M AGNST ADM dUST-MS-GIVE FLSE NAM POL
MOUND POLICE DEPARTMENT
Enfors Offense Report
OFFENSE ACTIV[TY DISPOSITIONS
Page 2
..... OFFENSES CLEARED ....
OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT
REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEAREO
2 0 2 2 0 0 0 0 0.0
3 0 3 3 0 0 0 0 0.0
1 0 1 1 0 0 0 0 0.0
1 0 1 1 0 0 0 0 0.0
1 0 1 0 1 0 0 1 100.0
1 0 1 0 0 1 0 1 100.0
1 1 0 0 0 0 0 0 0.0
1 0 1 0 0 0 1 1 100.0
1 0 I 0 1 0 0 1 100.0
**** Report Totals: 70 6 64 33 9 10 12 31 48.4
MtNUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
MARCH 27, 1995
Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank
Weiland, Bill Voss, Jerry Clapsaddle, Mark Hanus, Lisa Crum, Ed Surko, and Becky
Glister, City Council Representative Mark Hanus, Building Official Jon Sutherland and
Secretary Peggy James.
The following people were also in attendance: Jim Koch and Carl Glister.
MINUTES
The Planning Commission Minutes of March 13, 1995 were presented for approval.
MOTION made by Weiland, seconded by Clapsaddle, to approve the
Planning Commission Minutes of March 13, 1995 as written. Motion
carried unanimously.
CASE #95-11: JIM KOCH, 4849 ISLAND VIEW DRIVE, LOT 3, BLOCK 14,
DEVON, PID #25-117-24 11 0036. VARIANCE FOR ADDITIONS._
Building Official, Jon Sutherland, reviewed the Staff Report. The applicant is seeking
a variance to recognize the existing nonconforming setbacks and hardcover as listed
below, in order to construct an attached garage and a second story addition on the
house. The second story addition will follow the existing footprint of the house. The
garage is proposed to extend into a nonconforming location as noted on the survey.
Sutherland noted that this is the second proposal reviewed by staff, the first proposal
included a 16' x 24' addition on the lakeside which cannot be constructed due to a
City utility easement. The original proposal also had the garage doors facing the
street.
I EXISTING I PROPOSED IREQUIRED IVARIANCE
FRONT 18' 3' 20' 17'
SIDE EAST 1' 3' 6' 3'
DECK 'A' GARAGE GARAGE GARAGE
SIDE (WEST) 3.4' 3.4' 6' 2.6'
HARDCOVER 2,071 SF 1,888 SF 1,600 SF 288 SF
72% 47% 40% 7%
There are four decks shown on the survey, as follows:
Deck A: May be setback 2 feet from the property line if it is reduced in size to 32
square feet or less.
Planning Commission Minutes
March 27, I995
Deck B:
At second level on lakeside of house, is conforming to setbacks with the
exception of the west side which follows the existing line of the
dwelling.
Deck C: At first level on lakeside of house, planned to be removed.
Deck D: Detached from house at lakeside, planned to be removed.
Although the proposed garage is nonconforming to the required 20 foot front and 6
foot side yard setbacks, there does appear to be hardship and practical difficulty with
this site:
1)
2)
The property has limited access and side yard area due to the location of the
dwelling.
There is a City utility easement on the lakeside that limits the buildable
footprint.
3) There is no other reasonable location for a garage.
This proposal represents a substantial improvement to the property, and improves its
nonconforming status. It is unlikely the nonconforming setback to the dwelling can
be eliminated at this time. The amount of impervious surface cover, the impact to the
lake, and the use and function of the property are all improved. The City has
historically attempted to facilitate the construction of garages, and in this situation the
substantial variance seems the only practical solution to accommodate a garage. The
City has approved variances for other garages that have a similar setback to the
street, under similar restrictive site conditions.
Staff recommended the Planning Commission recommend approval of the variance
request to construct a second story and garage addition as shown on the survey dated
"Rev. March 16, 1995. This recommendation is conditioned on the removal of Decks
"C" and "D". A resolution of approval would incorporate the conditions as listed
within this report.
Sutherland noted that if either owner were to erect a fence to divide the two
driveways, it would make access to both garages difficult, and he suggested some
type of driveway easement may be a possible solution, and the City Attorney may
need to address this issue.
It was clarified that the proposed Deck "B" has a concrete patio below it. Staff noted
that if the applicant supplied a detailed cross section it would help clarify what is
being proposed. Mueller commented that he would like to see gutters and
downspouts to help direct the water run-off from the roof.
2
Planning Commission Minutes
March 27, i995
Weiland commented that the nonconforming use is being exaggerated.
Mueller confirmed that the roof line is proposed to be changed from a east/west peak
to a north/south peak. He also confirmed that the existing shed will be removed.
Clapsaddle commented that the plan as presented, with a 3 foot front setback, will
not work as a two car garage, it will only accommodate one car. He feels that if it is
the intent to have a two car garage, a 1 foot setback should be allowed.
The applicant clarified that it is his intent to request a I foot setback from the street
in order to accommodate a two car garage. The Building Official stated that City Staff
has no objection to allow the 1 foot setback subject to the overhang being limited to
I foot, and no ornamental devices or gutters shall be allowed. Staff confirmed that
the house to the west also has an attached garage located 1 foot from the front
property line. The Commission requested information relating to the neighboring
variance.
Hanus noted that there is approximately 920 square feet of green space on the
adjacent commons. He confirmed with staff that the existing terraced retaining walls
will help slow the drainage to the lake.
Weiland expressed a concern about snow removal and questioned if the City could be
liable if the garage was damaged by snow if the City gives permission for the location.
Weiland also expressed a concern about access to the lakeside of the property for fire
fighters
Mueller questioned if a survey was on file for the house to the east. Mueller noted
that the neighboring garage is lower than street level and this garage would be higher
which creates a taller wall and a greater impact.
Chair Michael announced a break to allow time for staff to obtain the information in
question.
Chair Michael reopened meeting. Staff confirmed that there is no survey on file for
the property to the east. The Building Official suggested that the applicant could
revise his survey to show the location of the garage on the lot to the east prior to the
City Council meeting.
Photocopies of Resolutions #89-33, 89-44, and 89-84 were distributed to the Planning
Commissioners for their review. The Resolution titles are as follows:
RESOLUTION 89-33
RESOLUTION TO RECOGNIZE A NONCONFORMING STRUCTURE AND
TO ALLOW THE ADDITION OF LIVING SPACE, STORAGE SPACE AND
DECKS FOR LOT4, BLOCK 14, DEVON; PID #25-117-24 11 0037 (4853
ISLAND VIEW DRIVE; P&Z CASE #89-804
3
Planning Commission Minutes
March 27, 1995
RESOLUTION 89-41
RESOLUTION TO AMEND RESOLUTION #89-33 AND ALLOW
RECONSTRUCTION OF THE HOME IN THE SAME FOOTPRINT AND
GRANT VARIANCES FOR THE POSITIONING OF THE BOATHOUSE OFF
OF PUBLIC PROPERTY AND ONTO THE APPLICANT'S PROPERTY, LOT
4, BLOCK 14, DEVON; PID #25-117-24 11 0037 (4853 ISLAND VIEW
DRIVE); P&Z CASE #89-804
RESOLUTION 89-84
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO
ALLOW A FRONT YARD SETBACK VARIANCE FOR LOT 4, BLOCK 3,
SHADYWOOD POINT; PID #13-117-24 11 0135 (1766 SHOREWOOD
LANE); P&Z CASE #8g-824
MOTION made by Clapsaddle, seconded by Crum, to recommend
approval of the variance request, as follows:
VARIANCES EXISTING I PROPOSED I REQUIRED I VARIANCE
FRONT 18' 1' 20' 19'
SIDE (EAST) - 3' 6' 3'
SIDE (WEST) 3.4' 3.4' 6' 2.6'
HARDCOVER 2,071 SF 1,948 SF 1,600 SF 348 SF
72% 49% 4O% 9%
Subject to the following conditions:
Deck 'A' be reduced to 32 square feet in size and conform
to the required 2 foot side yard setback.
2. The portion of Deck 'B' which encroaches into the
easement shall be eliminated.
Gutters and downspouts shall be installed to maintain proper drainage
within the property, as required by staff.
4. Decks 'C' and 'D' shall be removed.
The setback to the garage on the property to the east shall be identified
in order to alleviate concerns relating to possible structural stress on the
adjacent garage.
4
Planning Commission Minutes
March 27, 1995
This recommendation shall be inclusive of the following findings:
1. Garages are normal and customary for residential properties.
No feasible alternative for a garage exists on the lot due to the width of
the parcel.
The property has limited access and side yard area due to
the location of the dwelling.
There is a City utility easement on the lakeside that limits
the buildable footprint.
Michael commented that it is his opinion that a single car garage is feasible. Mueller
commented that he would like to see a garage on this property, however, feels there
may be a better solution, such as creating a tuckunder garage. Weiland agreed that
the garage could be pushed southward.
Clapsaddle commented that variances were granted to other properties for the same
setback. Mueller noted that one variance was granted to recognize an existing
setback, and the other variance on Shorewood had 8 feet of boulevard from the
property line to the curb. Mueller commented that currently the property has an 18
foot front setback and a conforming east side setback, and this approval would make
both of those setbacks worse, it would be expanding a nonconforming situation.
MOTION failed 4 to 5. Those in favor were Clapsaddle, Surko, Crum and
Voss. Those opposed were Weiland, Michael, Glister, Mueller, and
Hanus.
Weiland expressed his concern about the City's liability if a I foot setback is
approved.
Crum emphasized that past variances have been granted and the applicant has shown
sufficient hardship for the variance.
Mueller feels that if this variance were approved it would be setting a bad precedent,
and he feels there are ways to make a garage work on this property.
Michael questioned how the garage at 4853 Island View Drive was approved to be
constructed in 19797
The Building Official confirmed that other 1 foot setbacks have been approved,
however, the boulevards have been larger.
5
Planning Commission Minutes March 27, I995
MOTION made by Mueller, seconded by Weiland, to recommend denial
of the variance request, as amended by the applicant for a I foot front
yard setback. MOTION to deny carried 6 to 3. Those in favor were:
Mueller, Weiland, Michael, Glister, Hanus, and Clapsaddle. Those
opposed were Crum, Surko, and Voss.
Those opposed expressed the following comments:
- Crum commented that she feels this is sending a negative message to the
residents of Mound.
Surko believes the applicant has shown a hardship and he should be able to
improve the property.
Voss feels the proposal is a reasonable use of the property.
This case is scheduled to be heard by the City Council on April 11, 1995. The
applicant commented that he thought it was to be heard the next night, March 28th.
Staff clarified that the City Manager would need to approve a request for this case to
be heard on March 28th.
DISCUSSION: ORDINANCE PROVISIONS FOR DRIVEWAYS
MOTION made by Mueller, seconded by Weiland, to table discussion on
this item due to the late hour. Motion carried unanimously.
The Building Official explained why this issue is being proposed by staff, and indicated
that both the Public Works Superintendent, Greg Skinner, and himself, have proposed
changes to the report prepared by Hoisington Koegler Group. He explained that the
planner took the standard ordinance approach. The Commission requested that the
Building Official prepare his comments and have them available for discussion at the
next meeting.
MOTION made by Voss, seconded by Crum, to adjourn the meeting at
9:57 p.m. Motion carried unanimously.
Chair, Geoff Michael
Attest:
6
MINUTES - ECONOMIC DEVELOPMENT COMMISSION - MARCH 16, 1995
The meeting was called to order at 7 AM. Members present: Paul Meisel, Mark
Brewer, Jerry Longpre, Dave Willette, Jerry Pietrowski and Councilmember Liz Jensen.
Absent and excused: Stan Drahos. Also present: Marge Friederichs, Westonka
Chamber; Sharon McMenamy Cook, Norwest Bank; Bruce Chamberlain, Economic
Development Coordinator; Gino Businaro, Finance Director and Ed Shukle, City
Manager.
On motion by Brewer, seconded by Longpre and carried unanimously, the Minutes of
the January 19, 1995 meeting were approved.
Bruce Chamberlain provided a progress report on the ISTEA grant project. He
presented a schedule of the project along with the Auditor's Road project in a graphic
form indicating the types of activities to be undertaken and the schedule for each of
those activities. Also, discussed was the upcoming permitting agency meeting to be
held following the EDC meeting at city hall. This meeting will have representatives
present from the Department of Natural Resources (DNR), U.S. Army Corps of
Engineers, the Minnesota Pollution Control Agency (MPCA), LMCD, Minnehaha Creek
Watershed District and consultants from Peterson Environmental and Braun Intertec.
The purpose of the meeting is to discuss the dredging of Lost Lake and to talk about
the environmental and biological ramifications of the project. Also to be discussed
were to be the soil tests and biological tests that have actually been performed so far
in the Lost Lake dredge project area. There was some concern expressed by the EDC
as it relates to publicity on the Mound Visions - ISTEA Project and that the public
relations task force needs to meet soon to be talking about publicizing the project
including the issue of the "buy a brick" program. The next item discussed was the
ISTEA grant application for 1998 - 2000, which is called the Greenway Plan. Bruce
reviewed the grant application. He described that the application pertains to an area
along the south side of the proposed realignment of Auditor's Road which will in
essence, become a greenway of park benches, special lighting, trash receptacles and
other amenities. The application was filed with the Metropolitan Council who will
review the application. The City should know on or about July 1st if it is going to
receive up to $394,000 in ISTEA funds.
City Manager Ed Shukle reviewed the schedule for the Auditor's Road Improvement
project, referring to the graphically described schedule prepared by Bruce Chamberlain.
He indicated that the right-of-way plan is currently being prepared by the City
Engineer's office and will be reviewed by the City Council within the next few weeks.
Assuming the City Council approves the right-of-way plan, negotiations will then begin
for acquisition of right-of-way from private property owners.
City Manager Ed Shukle provided an update on the Westonka Community Center Task
Force. At the previous meeting he had indicated that the task force had recommended
demolition of the existing community center and construction of a new community
center at the same location. This would involve an estimated cost of $13.5 million.
MINUTES - ECONOMIC DEVELOPMENT COMMISSION - MARCH 16, 1995, PAGE 2
He also indicated that this number will probably be scaled back since the task force
has been looking at ways to trim the proposed cost of the facility. He reported that
the City Council of Mound had agreed to participate in a public attitude survey
regarding such a project with the condition that a representative of the City Council
be allowed to participate in the development of the survey and that no funds be
released for the survey (up to $1500) until the cities of Spring Park and Minnetrista
have agreed to also participate. He indicated that Minnetrista had taken a vote not
to participate and he was trying to find out the rationale for this action. He noted that
the task force will be meeting on Tuesday, March 21 st, to discuss the status of the
project and what the next steps will be.
There were some comments related to the Arco Century Auto Body property relating
to the proposed realignment of Auditor's Road.
There being no other business, it was noted that the next meeting of the EDC is
scheduled for Thursday, April 20, 1995, 7 AM, city hall.
Upon motion by Brewer, seconded by Longpre and carried unanimously, the meeting
was adjourned at 8:20 am. Stan Drahos is scheduled to bring rolls at the April
meeting.
City Manager
ES:Is
3o3
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364-1687
(612) 472-0600
FAX (612) 472-0620
April 3, 1995
Senator Gen Olson
116 State Office Building
St. Paul, MN 55155
Fax # 296-9441
RE: Property Tax Freeze Proposal - 1996
Dear Senator Olson:
We have been informed by the League of Minnesota Cities that on Thursday,
March 30th, the Senate DFL Leadership introduced Senate File 1570, which would
freeze property taxes for all local units of government in 1996. The Bill's authors are
Majority Leader, Roger Moe (DFL-Erskine), Tax Committee Chair Doug Johnson (DFL-
Cook), Assistant Majority Leader Ember Reichgott Junge (DFL-New Hope), John
Hottinger (DFL-Mankato) and Len Price (DFL-Woodbury). This bill would be a disaster
for local governments.
It is my understanding that the Bill will receive its first hearing on Tuesday, April
4, 1995 at 4 PM, in room 15 of the State Capitoal. Gino Businaro, Finance Director,
and myself plan to attend this meeting on behalf of the City of Mound.
The LMC has indicated that the authors of the Bill say that its intent is to force
reform of the state/local finance system. To achieve this goal, the bill would not only
freeze property taxes for 1996, but also sunset local government aid and homestead
agricultural aid in 1998, as well as aspects of the education finance system. The
effect will be to destroy local finances.
To prevent property tax increases in 1996, cities and other local units of
government would be prohibited from certifying a 1996 levy greater than the amount
certified to the county auditor in 1995. The only exception is for debt service for
bonds issued before March 27, 1995. Cities would also be prohibited from incurring
any new debt after March 27, 1995 regardless of its impact on property taxes.
printed on recycled paper
SENATOR GEN OLSON
APRIL 3, 1995
PAGE 2
For property owners, property market values would generally be frozen at the
value determined as of January 1995 (for taxes payable in 1995). Property values
could decline due to abatements or revaluation. The only exception is for value of
new construction or improvements. This value would be added to the parcel's market
value.
The bill would provide additional aid to local units to assure that actual property
taxes paid by the taxpayers will not increase. This aid would compensate for tax base
reductions or levy increases due to debt issued on or before March 27, 1995. The tax
rate could only exceed the previous year level if tax base reductions occur or if debt
service levies increase for bonds issued before March 27, 1995.
To prevent large levy increases after the freeze expires, the bill would reimpose
levy limits for 1997. The limit would be equal to the lesser of the implicit price
deflator or 3%. A city could increase its levy beyond this level only if voters approve
the increase in a referendum.
This bill would be a disaster for cities. Once imposed, a property tax freeze or
strict levy limits would be difficult to repeal.
The City of Mound operates, as many cities do, in delivering essential services
to its citizens. These are services that protect the health, safety and welfare of the
citizens of the community, as well as services that citizens demand for their tax dollar.
Year after year the City of Mound has been able to levy property taxes at or below the
rate of inflation. Our budgets do not exceed the inflation rate and in most cases have
come in under inflation. We watch our expenses very carefully and are very
conscious of the citizen's concerns as they relate to property taxes. We realize that
people do not want more taxes. We attempt to provide services at a reasonable cost
and we believe we have been able to do that. We are, frankly, sick and tired of
having the State of Minnesota balancing its budget on the backs of local government
units. It is time for the State of Minnesota to realize that they have to watch their
budgets as closely as local government units do.
I urge you to oppose this property tax freeze. I would suggest that the State
of Minnesota study other alternatives in order to balance its budget.
SENATOR GEN OLSON
APRIL 3, 1995
PAGE 3
You can annually check the City of Mound's portion of the property tax. We
are consistently behind the school district and Hennepin County at roughly 17 to 20
cents on the dollar. Property tax freezes play well to the public but why doesn't the
state legislature quit playing games and look at the real problem - its own spending
policies?
Sincerely,
Shukle, Jr.
City Manager
ES:Is
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364-1687
(612) 472-0600
FAX (612) 472-0620
April 3, 1995
Representative Steve Smith
311 State Office Building
St. Paul, MN 55155
Fax # 296-8803
RE: Property Tax Freeze Proposal - 1996
Dear Representative Smith:
We have been informed by the League of Minnesota Cities that on Thursday,
March 30th, the Senate DFL Leadership introduced Senate File 1570, which would
freeze property taxes for all local units of government in 1996. The Bill's authors are
Majority Leader, Roger Moe (DFL-Erskine), Tax Committee Chair Doug Johnson (DFL-
Cook), Assistant Majority Leader Ember Reichgott Junge (DFL-New Hope), John
Hottinger (DFL-Mankato) and Len Price (DFL-Woodbury). This bill would be a disaster
for local governments.
It is my understanding that the Bill will receive its first hearing on Tuesday, April
4, 1995 at 4 PM, in room 15 of the State Capitol. Gino Businaro, Finance Director,
and myself plan to attend this meeting on behalf of the City of Mound.
The LMC has indicated that the authors of the Bill say that its intent is to force
reform of the state/local finance system. To achieve this goal, the bill would not only
freeze property taxes for 1996, but also sunset local government aid and homestead
agricultural aid in 1998, as well as aspects of the education finance system. The
effect will be to destroy local finances.
To prevent property tax increases in 1996, cities and other local units of
government would be prohibited from certifying a 1996 levy greater than the amount
certified to the county auditor in 1995. The only exception is for debt service for
bonds issued before March 27, 1995. Cities would also be prohibited from incurring
any new debt after March 27, 1995 regardless of its impact on property taxes.
printed on recycled paper
REPRESENTATIVE STEVE SMITH
APRIL 3, 1995
PAGE 2
For property owners, property market values would generally be frozen at the
value determined as of January 1995 (for taxes payable in 1995). Property values
could decline due to abatements or revaluation. The only exception is for value of
new construction or improvements. This value would be added to the parcel's market
value.
The bill would provide additional aid to local units to assure that actual property
taxes paid by the taxpayers will not increase. This aid would compensate for tax base
reductions or levy increases due to debt issued on or before March 27, 1995. The tax
rate could only exceed the previous year level if tax base reductions occur or if debt
service levies increase for bonds issued before March 27, 1995.
To prevent large levy increases after the freeze expires, the bill would reimpose
levy limits for 1997. The limit would be equal to the lesser of the implicit price
deflator or 3%. A city could increase its levy beyond this level only if voters approve
the increase in a referendum.
This bill would be a disaster for cities. Once imposed, a property tax freeze or
strict levy limits would be difficult to repeal.
The City of Mound operates, as many cities do, in delivering essential services
to its citizens. These are services that protect the health, safety and welfare of the
citizens of the community, as well as services that citizens demand for their tax dollar.
Year after year the City of Mound has been able to levy property taxes at or below the
rate of inflation. Our budgets do not exceed the inflation rate and in most cases have
come in under inflation. We watch our expenses very carefully and are very
conscious of the citizen's concerns as they relate to property taxes. We realize that
people do not want more taxes. We attempt to provide services at a reasonable cost
and we believe we have been able to do that. We are, frankly, sick and tired of
having the State of Minnesota balancing its budget on the backs of local government
units. It is time for the State of Minnesota to realize that they have to watch their
budgets as closely as local government units do.
I urge you to oppose this property tax freeze. I would suggest that the State
of Minnesota study other alternatives in order to balance its budget.
1315'
REPRESENTATIVE STEVE SMITH
APRIL 3f 1995
PAGE 3
You can annually check the City of Mound's portion of the property tax. We
are consistently behind the school district and Hennepin County at roughly 17 to 20
cents on the dollar. Property tax freezes play well to the public but why doesn't the
state legislature quit playing games and look at the real problem - its own spending
policies?
Sincerely,
City Manager
ES:Is
League of Minnesota Cities
3490 Lexington Avenue North
St. Paul, MN 55126-8044
THE IMPACT OF SF1STO ON SELECTED CITIES
City
If your 1996 levy were
identical to that for 1995,
how would your city be
affected?
If your city is prevented from
issuing any general obligation
debt until 1997, how would
your city be affected?
Browerville
Cannon Fails
Chanhassen
Cokato
Falcon Heights
Fridley
Golden Valley
Greenfield
Delay $10,000 for street
repair.
Cut staff or capital expenses
because of existing labor
agreements.
Close senior center.
Not open rec. center.
$500,000 payment to school
district would cease.
Equipment could not be
'replaced.
Some services may be cut.
Could not cover police
contract costs.
Draw down fund baiances by
$875,000.
Cut back on street
reconstruction program.
Decrease services such as
road maintenance.
No impact.
Defer capital projects - one will
probably not quaiify for tax exempt
status due to IRS rules.
Two county road projects not
built.
Delay sewer, water & storm
sewer improvements.
Jeopardizes $1,000,000 bond
sale for road improvements in
business district.
Defer all special assessment
improvement projects.
Delay purchase of major
equipment.
Delay joint sewer/water project
serving business district with
another city.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
(612) 490-5600 1-800-925-1122 plus your city code TDD (612) 490-9038 Fax (612) 490-0072
Hilltop
Little Canada
Service cuts because most
services are contracted.
Eliminate crime prevention
program.
Postpone capital improvements.
No impact.
No impact.
Long Prairie
Mankato
Minnetrista
Mound
New Brighton
Northfield
Oakdale
Perham
Cut services/capital
expenditures.
Reduce services.
Use reserves.
Reduce basic services - post-
pone seal coating.
Impacts contracts with other
cities.
Cash flow problems.
Potential strikes.
Forgo hiring police officer.
Defer infrastructure
improvements.
Cut services by $157,500
because of already signed
labor contracts and anticipated
wage increases.
Delay hiring additional police
officers.
Freeze payments to fire and
ambulance providers.
Jeopardizes "COPS Fast"
grant.
Delay $1.7 million street, sewer,
and water project needed to
eliminate sewer backups.
Delay bond issues for street
improvements and remodeling
city hall.
Defer water improvement
project that serves three schools.
No impact.
Defer $1 million in bonds for
street improvements.
Could not repay Street
Infrastructure Trust Fund -
street repair projects delayed.
Sold bonds 3/28/95 - issue in
jeopardy.
Several major reconstructions
could be affected.
Delays/cancels library expansion.
Cannot match/may lose $400,000
in federal funds for
sewer/water/road/rail improvements.
Plymouth
St. Louis Park
St. Paul Park
St. Peter
Sartell
Staples
Tonka Bay
Victoria
Waseca
Watertown
Watkins
Waverly
Reduced service levels - with
growth, difficult to "keep
even" with service demands.
Reduce services - levy has
been same for 5 years.
Cut back services/layoffs.
Jeopardize federal "COPS
Fast" grant.
Cut services because of
existing labor settlements.
Cancel federal "COPS Fast"
grant.
Postpone capital purchases.
Cut services.
Cut back in services.
Cut services.
Unable to address storm water
project to alleviate flooding.
Reduce services - cut
personnel.
Cut back on services such as
street overlays.
Delay purchase of police and
fire equipment.
Delay infrastructure
improvements.
Referendum scheduled for May 23,
1995 for open space and trails would
be delayed.
Postpone capital projects.
Planned to build 1st city hall.
Won't be able to issue planned
equipment certificates.
Delay ADA required sidewalk
improvements.
Delay repair of flood damage.
Delay subdivision improvements.
Could not meet capital needs created
by growth.
"Kill" street and utility projects.
Delay/prevent Hiway 210 project.
No current plans for debt.
No impact.
Capital projects severely limited.
Jeopardizes debt service for
water treatment improvements.
No debt anticipated currently.
Couldn't comply with federal
regulations to dechlorinate at
wastewater plant.
White Bear
Township
Woodbury
Zumbrota
Could not purchase equipment
previously deferred.
Cut services because of
existing labor settlement.
Cut services - has used
$500,000 last year to keep
tax rate the same.
Could affect new ambulance
service, street reconstruction,
park expansion.
Cut services.
Delay construction of new admin.
building - current facility is
convened dog kennel.
Eliminates reimbursement for $2.3
million storm sewer project - funds
already spent.
Jeopardizes $10 million in
improvement bonds.
Sewer and street improvements
deferred.
Subdivision not completed.
4/4/95
13 0