Loading...
1994-09-14 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING WEDNESDAY, SEPTEMBER 14, 1994, 7:30 P.M. CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE AUGUST 23, 1994, REGULAR MEETING. PG. 3580-3595 PROCLAMATION DECLARING SEPTEMBER 25 - OCTOBER 2, 1994, AS CITIES WEEK IN THE CITY OF MOUND. PG. 3596 PUBLIC HEARING: REQUEST TO VACATE A PORTION OF HILLSIDE LANE, CRANE BODINE, 5025 WREN ROAD, LOTS 1, 2, & 3, BLOCK 1, PID//13-117-24 13 0022; AND ROLAND BOETTCHER, 1780 HILLSIDE LANE, PART OF LOTS 5, 6 & 7, BLOCK 2, PID//13-117-24 13 0028; BOTH IN LINDEN HEIGHTS. PG. 3597-3625 SET PUBLIC HEARING TO CONSIDER ORDINANCE AMENDMENT, RE: SHORELAND MANAGEMENT. (SUGGESTED DATE: OCTOBER 11, 1994) PLEASE NOTE THAT DUE TO RECENT CHANGES IN THE SHORELAND MANAGEMENT ORDINANCE, OTHER CHANGES IN ORDINANCES NEED TO BE MADE TO REMAIN CONSISTENT WITH NEW CHANGES. REQUEST TO CONSTRUCT A RETAINING WALL AND FENCE ON PUBLIC DRAINAGE & UTILITY EASEMENT BY PHILIP HOFHERR, 4746 ISLAND VIEW DRIVE, LOTS 1 & 2, BLOCK 8, DEVON. PG. 3626-3639 REQUEST TO CONSTRUCT A RETAINING WALL ON PUBLIC DRAINAGE & UTILITY EASEMENT BY FERNANDO MAZONLENY, 4758 ISLAND VIEW DRIVE, LOTS 3, 4, & 5, BLOCK 8, DEVON. PG. 3640-3642 3577 10. 11. 12. 13. 14. 15. 16. 17. 18. PRESENTATION OF PROPOSED 1995 BUDGET; APPROVAL OF RESOLUTION APPROVING THE 1995 PRELIM/NARY GENERAL FUND BUDGET IN THE AMOUNT OF $2,408,340; SETTING THE PRELIMINARY LEVY AT $1,808,130; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $499,460, RESULTING IN A PRELIMINARY CERTIFIED LEVY OF $1,308,670; APPROVING THE PRELIMINARY OVERALL BUDGET FOR 1995; AND SETTING PUBLIC HEARING DATES. PG. 3644-3646 RESOLUTION CANCELLING THE LEVY OF THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,075.00. PG. 3647 RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING & REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1995. PG. 3648 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. B1D AWARD: PUBLIC WORKS STORAGE AREA - CITY OF MINNETRISTA/CITY OF MOUND JOINT PROJECT FOR CONSTRUCTION OF SITE AND ACCESS ROAD RECONSTRUCTION. (TO BE HANDED OUT WEDNESDAY EVENING) REAPPOINTMENT OF TOM REESE TO THE LMCD BOARD OF DIRECTORS. PG. 3649 RESOLUTION DETERMINING THAT BASED ON PUBLIC COMMENT TO THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), AN ENVIRONMENTAL IMPACT STATEMENT (EIS) IS NOT WARRANTED AND NO FURTHER STUDY IS REQUIRED FOR THE PELICAN POINT MULTI-FAMILY RESIDENTIAL DEVELOPMENT. SET PUBLIC HEARING TO CONSIDER VACATION OF A PORTION OF THE STREET KNOWN AS BAYWOOD SHORES DRIVE. (SUGGESTED DATE: SEPTEMBER 27, 1994) PG. 3650-3651 PG. 3652 APPROVAL OF PAYMENT REQUEST//3, WATER METER READ SYSTEM, SCHLUMBERGER, IN THE AMOUNT OF $64,781.45. PG. 3653-3654 APPROVAL OF FINAL PAYMENT REQUEST, PAINTING OF EVERGREEN WATER TOWER, ODLAND PROTECTIVE COATINGS, IN THE AMOUNT OF $6,102.50. PAYMENT OF BILLS. PG. 3655-3656 PG. 3657-3676 3578 19. INFORMATION/MISCEI J~ANEOUS: Department Head Monthly Reports for August 1994. LMCD Representative's Monthly Report for August 1994. LMCD Mailings. Letter from Tim Becker, owner of property on Three Points Blvd. to Representative Steve Smith in response to Smith's letter. Planning Commission Minutes of August 22, 1994. Committee of the Whole Meeting, Tuesday, September 20, 19947 (NOTE: Councilmember Jessen and City Manager will be absent). Do you still want to hold the meeting? NOTICE of Met. Council Regional Breakfast Meetings. Please let Fran know if you wish to attend and which session. PG. 3677-3703 PG. 3704-3708 PG. 3709-3723 PG. 3724-3728 PG. 3729-3732 PG. 3733 3579 MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 MINUTES - MOUND CITY COUNCIL - AUGUST 23, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 23, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Planners Mark Koegler and Bruce Chamberlain, City Engineer John Cameron, Building Official Jon Suthefland, and the following interested citizens: Bob & Sheila Smith, Tom Casey, Frank Weiland, Gerold Esselman, Steve Koch, LeeAnne Pederson, Michelle Olson, Karen Pedersen, Rita Pederson, Mike & Joyce Dupay, Tim Miller, Susan Culver, Bradley Curtis, William Michel, Michael & Susan Henning, Randall Morairty, Michael Kohler, John Blumentritt, John Boyer, Vince Forystek, Lisa Peterson and Alan Krepman. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Smith, seconded by Jensen to approve the Minutes of the August 9, 1994, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 CONTINUED PUBLIC HEARING: TO CONSIDER MODIFICATION OF SECTION 350:76 SUBD. 4 OF THE MOUND ZONING ORDINANCE WHICH REGULATES TRUCK PARKING IN RESIDENTIAL AREAS. The City Planner related the background of the proposed amendment. He explained that the Council wanted to clarify the current ordinance. The current ordinance reads as follows: Section 350:760. Parking. Subd. 4. Truck Parking in Residential Areas, No motor vehicle over one (1) ton capacity bearing a commercial license and no commercially licensed trailer shall be parked or stored in a platted residential district or a public street except when loading, unloading, or rendering a service. Recreation vehicles and pickups are not restricted by the terms of this provision. The Council explained that this ordinance has been a law for some time but needed clarification of commercial vehicles. The enforcement, the trucks allowed, and where they would be allowed MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 does not change. This amendment comes about because when the Code Enforcement Officer's were out looking for all types of nuisance violations and commercial trucks were something they came upon and wrote some tickets for them based on the current ordinance. The Council was then asked to define or change the commercial vehicle definition. The complaints were from the people receiving the tickets, thus the need for clarification. The proposed amendment would read as follows: Section 350:760. Parking. Subd. 4. Truck Parking in Residential Areas. Off-street parking facilities accessory to a residential use shall be utilized solely for the parking of licensed and operable passenger automobiles, pickup tracks, and recreational vehicles. Additionally, no more than one (1) commercial truck, bus, or trailer not to exceed the manufacturer's gross vehicle weight of twelve thousand (12,000) pounds nor a height of nine (9) feet nor length of twenty-six (26) feet shall be allowed. The Mayor opened the public hearing. The following persons spoke regarding the ordinance amendment: Vince Forystek, 3131 Inverness stated that he has walked around his neighborhood and does not see a problem with truck parking. He expressed concern that this type of ordinance could affect peoples income if they use the truck for business. The Planner explained that in the old ordinance, from a planning and legal perspective, there was concern about the term one (1) ton capacity and what it means. In one way or another that term needs to be tightened and the suggested language, from the prosecuting attorney, was to refer to the manufacturer's gross vehicle weight because that is definable by the plate on the door or on the vehicle. That was the benchmark. It depends on how you look at it whether it is more or less restrictive. The Council asked what trucks would this proposed ordinance allow that would not be allowed under the present ordinance? The Planner stated that if he were interpreting the existing ordinance, anything that has over a one (1) ton weight. The Council then discussed the weight of a vehicle and the amount of weight that truck could carry. Gerold Esselman, 5870 Lynwood stated that he is against the proposed amendment because it is less restrictive than the current ordinance. Tim Miller, Inverness - stated that he is against either of the ordinances because he drive a semi-truck and brings his tractor home. That is his transportation to and from picking up a trailer. He stated his stack would be 3 inches too high for the proposed ordinance and he would be 3,000 pounds too heavy. 2 MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 Robert Smith, 3232 Gladstone - stated his van truck is his store. It is licensed for 15,000 pounds, but he does not carry that much. The vehicle is gone from 8:00 A.M. to 8:00 P.M. Nobody has ever complained. He cannot park it in a public lot because of the merchandise in it that could be stolen. It is his sole income for his family. This ordinance would put him out of business. He has received 2 tickets. Mr. Smith stated he has a garage to keep his vehicle in. Presently even housing the truck in a garage is not legal. If the truck does not fall within the limits of either the existing or proposed ordinance, it is illegal. The Council discussed the pictures in the packet which were provided to show what is being parked in residential areas currently. The Planner stated the pictures were for information only. e Brad Curtis, 5967 Idlewood - stated he would like to see one (1) ton, not gross vehicle weight. Lisa Peterson, Vice President of Government Relations for the Minnesota Trucking Association - stated she misunderstood what the issue was tonight, but would like to clarify the gross vehicle weight issue. Safety laws are written around the gross vehicle weight rating (GVWR) which is a plate applied inside the door by either the manufacturer of the truck or the rebuilder of the truck. People can overload or underload a vehicle. The plate does not change. There is alSO the combination vehicle weight rating which will tell you not only how much the truck is allowed to carry but how much you could carry in a trailer as a combination vehicle with truck and trailer. The GVWR is a very standardized method of measuring what size a truck is and it is available to enforcement officers without having to weigh the truck by just looking inside the door at the plate. The Council asked how GVWR compares to capacity? Ms. Peterson stated that capacity is whatever someone can put into a truck and still make it move. The GVWR is what the manufacturer says you should be able to put into a truck and make it move. In order to obtain capacity you would have to subtract the weight of the vehicle. The Council asked about registered gross vehicle weight (RGVW). Ms. Peterson explained that registered gross vehicle weight is the taxing weight that you would choose to be taxed at. She stated a lot of people register with a lesser gross vehicle weight to pay less tax. The Council discussed "one (1) ton" as being ambiguous, and a totally subjective definition. Suggestions made were to use GVWR (gross vehicle weight rating). Also the proposed amendment should refer to on or off street regulation. 3 MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 The City Attorney stated that the whole reason for either of these ordinances is to preserve residential districts as residential, not commercial. Councilmember Jensen stated that as she recalled when the Planning Commission was discussing this proposed ordinance there was talk about more requests for housing of these types of vehicles and also that people would leave more stuff outside so that the truck could be housed inside. Mr. Miller asked if there is a grandfathered situation for trucks that have been there since before the current ordinance was adopted. The City Attorney stated that there is no grandfathering. Grandfathering is just another way of talking about a nonconforming use and this is a storage regulation, thus the truck storage would still be illegal. The Mayor closed the public hearing. The Council stated that the ordinance needs to refer to on-street as well as off-street parking and storage. They also discussed allowing commercial vehicles that are housed in a garage. The Council was split on that. The Council stated they are trying to visually clean up the town. MOTION made by Smith, seconded by Jessen to deny the ordinance amending Section 350:760, Subd. 4., relating to truck parking in residential areas. The Council discussed whether the proposed ordinance is clear on what vehicles would be kept out of residential areas. There needs to be more clarification. The City Attorney pointed out two things: He stated that if the ordinance were going to be voted upon it would take 4/5 to adopt it because it is part of the zoning ordinance. If the motion that is on the floor is not to adopt the ordinance as proposed, he offered the following language: "No motor vehicle shall be parked or stored in a platted residential district or public street which exceeds the manufacturer's gross vehicle weight rating of twelve thousand (12,000) pounds, nor a height of nine (9) feet, nor a length of twenty-six feet, except when loading, unloading, or rendering a service. Recreational vehicles and pickups are not restricted by the terms of this provision. ~ The Council again discussed how the GVW is determined. A vote on the motion was unanimously in favor. Motion approved. MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 The Council consensus was that this ordinance does need clarification. The Council decided to discuss this further at a Committee of the Whole Meeting to give the Planning Commission more direction before referring it back to the Planning Commission. 1.2 _PUBLIC HEARING: TO CONSIDER MODIFICATION TO THE SHORELAND MANAGEMENT ORDINANCE SECTION 350:1200 OF THE MOUND CITY CODE. - The City Planner reported that Mound adopted its Shoreland Management Ordinance and it was submitted to the DNR for their approval. There was a threshold issue that was presented by the Pelican Point project and as a result the DNR has moved the Mound ordinance to the "top of the pile". During the past couple of months staff has been working with representatives of the DNR to address questions and issues that have been raised pertaining to the ordinance. The Planning Commission has reviewed the proposed amendments and recommended approval of the following amendments: Section 350:310, Definitions of the Mound City Code of Ordinances are amended to read as follows: Subd. 65. Impervious Cover. Any surface impervious or resistant to the free flow of water or surface moisture. Impervious cover shall include but not be limited to all driveways and parking areas whether paved or not, tennis courts, sidewalks, patios, and swimming pools. Open decks (1/4" minimum opening between boards) shall not be counted in impervious cover calculations. Subd. 96. Ordinary_ High Water Level (OHWL). A level delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water level is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. The ordinary high water level for the lakes located in the City of Mound are as follows: Lake Minnetonka = 929.4, Langdon Lake = 932.1, and Dutch Lake = 939.2. Subd. 106. Public Waters. Subdivision 15, as amended. considered public waters. Waters defined in Minnesota Statutes, Section 103G.005, Lakes, ponds or flowage of less than 10 acres shall not be Subd. 147. W t_W.e.!!_.~l~d. Land which is annually subjected to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh. The delineation of wetlands shall be in compliance with the United States Fish and Wildlife Service, Circular 39. MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 Section 350:310 of the Mound City Code of Ordinances is amended by adding Subd. llSB, which shall read as follows: Subd. l18B. Semi-Public Use. The principal use of land or buildings involving the assembly or congregation of the general public in facilities that are owned either privately or by institutions. Such uses include churches, fraternal organizations, museums, etc. Section 350:1220, Subd. 2 of the Mound City Code of Ordinances is amended to read as follows: Subd. 2. l-and Use District Descriptions. Within the shoreland area, land use descriptions and allowable land uses therein shall be as identified in Sections 350:640 and 350:670. Public, semi-public, commercial and industrial uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal OHWL setback or be substantially screened from view from the water by vegetation or topography, assuming summer leaf-on conditions. Section 350:1225, Subd. 3 (A) 2. of the Mound City Code of Ordinances is amended as follows: 2. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: ~ Setback Unplatted Cemetery .......................... 50 feet Right-of-way line on federal, state or county highway, or local street ................................ 20 feet Top of Bluff: Existing lots of record or lots created through Minor Subdivisions (3 lots or less) consistent with Section 330:20, Subd. 1 of the City Code ................... 10 feet Major Subdivisions consistent with Section 330:20, Subd. 2 of the City Code ......... 30 feet MOUND CITY COUNCIL MINUTES Section 350:1225, Subd. 6 (B) 1 is amended to read as follows: AUGUST 23, 1994 Impervious surface coverage of lots in residential zones shall not exceed 30 percent of the lot area. On existing lots of record, impervious coverage may be permitted by a maximum of 40 percent providing that the following techniques are utilized as applicable. ae Impervious areas should be drained to vegetated areas or grass filter strips through the use of crowns on driveways, direction downspouts on gutters collecting water from roof arms, etc. be Dividing or separating impervious areas into smaller areas through the use of grass or vegetated filter strips such as the use of paving blocks separated by grass or sand allowing infiltration. Use grading and construction techniques which encourage rapid infiltration such as the installation of sand or gravel "sump" areas to collect and percolate stormwater. de Install berms to temporarily detain stormwater thereby increasing soil absorption. The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. Smith moved and Ahrens seconded the following: ORDINANCE NO. 69-1994 AN ORDINANCE AMENDING PORTIONS OF SECTION 350:310; SECTION 350:1220; AND SECTION 350:1225 OF THE MOUND CITY CODE RELATING TO SHORELAND MANAGEMENT The vote was unanimously in favor. Motion carried. 1.3 PELICAN POINT FINAL APPROVAL: A. ..ENVIRONMENTAL ASSESS WORKSHEET (EAW) APPROVAl, PROPOSED RESOLUTION GRANTING FINAL PLAT APPROVAL FOR .PELICAN POINT MULTI FAMILy RESIDENTIAL DEVELOPMENT. The Mayor stated there is an issue that has come up today regarding the ownership of the Pelican Point island. Thus, the Council will only be dealing with the EAW tonight and not the final plat approval. 7 MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 City Planner, Bruce Chamberlain, reported to the Council on the EAW. The staff recommends that based on comments to the EAW, further study of project impacts is not warranted and an Environmental Impact Statement (EIS) is not needed for this project. Based on public comments received, the City Council may want to consider adding any or all of the following conditions to the approval of the final plat. Revegetation of the storm drainage ditch at the north end of the site shall be accomplished using primarily native species conducive to growth in this location. Instructions to this effect shall be included in the construction documents submitted to the City Engineer. Construction and maintenance of the site shall adhere to MPCA Best Management Practices. Construction documents submitted to the City Engineer shall reflect said BMPs. de fe The Developer shall modify Section 9.5 of the Declaration of Covenants to eliminate the provision allowing improvements to the island to accommodate picnicking. The Developer shall prepare and submit to the City Attorney a conservation easement which establishes the island in Outlot C as permanently protected from any alteration or improvement. The Developer shall submit to the City Engineer, along with construction documents a tree protection plan prepared by an urban forester or arbor, st. In addition, an urban forester or arbor, st shall supervise construction to insure the proper protection of vegetation. The Developer shall prepare and submit to the City Attorney a conservation easement which establishes bluff areas as defined by the shoreland management ordinance as permanently protected from any alteration or improvement except the removal of deal or diseased vegetation. He reported that the DNR has a concern about a possible wetland on the interior of the site. The Developer is at this time having a professional wetland delinerator go to the site to determine if it actually is a wetland. If it is a wetland, there will be alterations to the plat that will have to be taken into account. He will keep the Council up-to-date on this item. There were comments to the effect that under the DNR shoreland management rules this project would qualify for an EIS, that the Council should require a mandatory ElS. Because of the action of the Council tonight on Mound's Shoreland Management Ordinance, if this falls under the jurisdiction of the local ordinance, it would not fall under the mandatory category for an ElS. The Council discussed the proposed additional conditions a-f. MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 The Planner suggested that since the final plat will not be approved tonight the above conditions can be decided at a future meeting. The real important issues that need to be dealt with this evening is whether or not an EIS is warranted and whether further study is warranted. The Council could approve the EAW with potential conditions to be reviewed at the time of final plat. The Council all agreed that an EIS is not warranted. The Council also agreed that further study is not needed. The Council asked that item E be deleted from the final plat approval. John Boyer of Boyer Building stated he is not in favor of Item F of the conditions because they would like to have this expanded to allow trimming for a view of the lake. The Planner stated this can be handled with language in the Shoreland Management Ordinance. Alan Krepman, RLK Associates, a registered landscape architect, who has been working on the project, stated that he would like to see a statement such as, "must comply with the standards established in the Shoreland Management Ordinance," and leave it at that instead of making it more specific. Mr. Krepman asked that item e. refer to a registered landscape architect instead of an urban forester or arborist. The Planner stated they will take all of this into consideration when the final plat resolution is prepared. MOTION made by Smith, seconded by Jensen regarding the Environmental Assessment Worksheet prepared for the Pelican Point multi-family residential development, the City Council f'mds that an Environmental Impact Statement (EIS) is not warranted and that no further study is required to make said determination. Information generated from the Environmental Assessment Worksheet (EAW) will be considered as part of the review of the final plat for Pelican Point. Therefore, the City Council directs staff to prepare a corresponding resolution for consideration at the next meeting. The vote was unanimously in favor. Motion carried. 1.4 CASE//94-54: WILLIAM AND DIANE MICHEL, 5865 GRANDVIEW BLVD.~ PART OF LOTS 85 AND 86, MOUND SHORES, PID#14-117-24 42 0107, VARIANCE - SCREEN PORCH The Building Official explained the request. The Planning Commission recommended approval subject to some existing impervious surface to be returned to green space. Staff and the applicant have worked together to come up with something close to the 132 square feet recommended by the Planning Commission. The Council agreed 1. in the resolution is to be modified to read: "1. The City does hereby recognize a 7 foot front yard variance and a variance to impervious surface coverage of 34 percent (total 64 percent, or 4,787.5 square feet of coverage), to allow construction of an 11' x 12' screen porch over an existing deck, subject to: approximately an equal amount (132 square feet) of existing impervious surface be returned to green space." Ahrens moved and Smith seconded the following resolution: 358 MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 RESOLUTION//94-112 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS AND HARDCOVER TO ALLOW CONSTRUCTION OF A PORCH AT 5865 GRANDV1EW BLVD., THAT PART OF LOTS 85 AND 86, MOUND SHORES, PID #14-117-24 42 0107, P&Z CASE//94-54 The vote was unanimously in favor. Motion carried. 1.5 CASE//84-55: BRADLEY CURTIS, 5967 IDt.EWOOD ROAD. LOT 8, BLOCK 10, PID 23-227-24 31 0011, VARIANCE - DECK AND DETACHED GARAGE The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Jensen seconded the following resolution: RESOLUTION g94-113 RESOLUTION TO APPROVE A HARDCOVER VARIANCE TO ALLOW CONSTRUCTION OF A DECK AND GARAGE AT 5967 IDLEWOOD ROAD, LOT 8, BLOCK 10, THE HIGHLANDS, PID #23-117- 24 31 0011, P&Z CASE//94-55 The vote was unanimously in favor. Motion carried. 1.6 CASE #9~56: SUSAN CULVER, 4701 SUFFOLK ROAD, LOTS 1, 2, 3, BLOCK 14, WYCHWOOD, PID#19-117-23 32 0148, VARIANCE - DETACHED GARAGE The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-114 RESOLUTION TO APPROVE SETBACK VARIANCES TO ALLOW CONSTRUCTION OF A DETACHED GARAGE AT 4701 SUFFOLK ROAD, LOTS 1, 2, & 3, BLOCK 14, WYCHWOOD, PID #19- 117-23 32 0148, P&Z CASE//94-56 The vote was unanimously in favor. Motion carried. 1.7 CASE/D~59: MICHAEL AND SUSAN HENNING, 5953 SUNSET ROAD, LOTS 22 & 23. MOUND SHORES, PID #14-117-24 42 0058, VARIANCE - GARAGE ADDITION l0 MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 The Building Official explained the request. The Planning Commission recommended approval. Ahrens moved and Jessen seconded the following resolution: RESOLUTION//94-115 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING DECKS TO ALLOW CONSTRUCTION OF A CONFORMING GARAGE ADDITION AT 5952 SUNSET ROAD, LOTS 22 & 23, MOUND SHORES, PID #14-117-24 42 0058, P&Z CASE//94-59 The vote was unanimously in favor. Motion carried. 1.8 CASE//94-60: RANDALL MORAIRTY, 4536 DENBIGH ROAD, LOTS 5. 6. AND SO. 1/2 OF 4, BLOCK 2, AVALON, PID #19-227-23 24 008, VARIANCE - FRONT YARD SETBACK The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-116 RESOLUTION TO APPROVE A VARIANCE TO ALLOW RECONSTRUCTION OF A PORTION OF THE DWELLING AND A DECK AT 4536 DENBIGH ROAD, LOTS 5, 6, AND NORTHEASTERLY 1/2 OF LOT 4, BLOCK 2, AVALON, PID #19-117-23 24 0008, P & Z CASE//94-60 The vote was unanimously in favor. Motion carried. 1.9 CASE//94-61: 17, BLOCK .SETBACKS MICHAEL M. KOHLER, 1744 AVOCET LANE, LOTS 15, 16, 9, DREAMWOOD, PID #13-117-24 24 0007, VARIANCE The Building Official explained the request. The Planning Commission recommended approval. Ahrens moved and Smith seconded the following resolution: RESOLUTION//94-117 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A DECK AT 1744 AVOCET LANE, LOTS 15, 16 & 17, BLOCK 9, DREAMWOOD, PID #13-117-24 24 0007, P P & Z CASE g94-61 11 MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 The vote was unanimously in favor. Motion carried. COIVIMENTS AND SUGGFSTIONS FROM CITIZENS PRESENT. There were none. 1.10 RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE; DOCK LICENSE FEES FOR 1995. The City Manager explained that the POSC held a public hearing regarding the dock license fees for 1995. There was no one present at the public hearing. The POSC recommended that the dock license fees remain the same for 1995 as they were in 1994 except that the LMCD fees have been reduced. MOTION made by Smith, seconded by Jessen to concur with the Park & Open Space Cornmi~ion recommendation that the Dock License fees for 1995 remain the ~me as in 1994, with the exception that the LMCD fees have been reduced. The vote was unanimously in favor. Motion carried. 1.11 RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE: WINTER DOCK STORAGE/REMOVAL1 REVIEW OF "NOTICE" - APPROVAL OF NOTICE. The City Manager explained that this was discussed at the POSC meeting. The Park Director suggested that this notice could be utilized to enforce the existing ordinance, and if a problem was found to exist this winter when the Dock Inspector does his rounds, the violator can then be given a second notice and then a third, and if compliance is not accomplished, their dock license can be revoked. Councilmember Ahrens stated that her concern is with the docks left in during the winter that receive damage from the ice and wind. Some of these float out in the spring or sink to the bottom and can be hazardous to all persons using the lake and the environment. She stated the Dock Inspector has prepared a list of where docks should and should not be allowed to be stored in the winter. She stated she feels the city should regulate where docks should be removed because they are polluting the lake. The City Manager stated that the POSC agreed to work with the notice they have on page 3472 which would be sent out this year and then monitor the number of problems they have this winter. That was their recommendation. Rita Peterson, Halstead Lane - representing several residents who live right across the street (level with) from Commons voiced concern about how they have to look through the docks and boat lifts that are stored in the Commons. The Council explained that according to the ordinance there is winter storage on most of the Commons. 3.2 MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 Mike Dupay, 5420 Breezy Road, stated that someone has a roll out dock and boat lift in front of his house. Mike Kohler, 1744 Avocet Lane, stated that he feels that the Commons has been there a lot longer than some of the people who chose to live in that area and people should be allowed to store their docks and boat lifts on Commons. The Council discussed how times have changed on the Commons i.e. bigger boats, boat lifts, etc. The Council asked the POSC to look at the winter storage section (Section 437:10, Subd. 10, a.4.) of the ordinance at their meeting in September and maybe have a hearing on this so that something can be done this winter. They also asked the Park Director and the Dock Inspector to see if the storage of dock, boat lifts, etc. can be done to the side of an area so that abutting properties do not have to look at it all winter. This may have to be done on a case by case basis. 1.12 RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE: .AMENDMENT TO THE PUBLIC LANDS PROCEDURE MANUAL ADDINC EXHIBIT "O" . GUIDELINES FOR ALLOWING PLANTINGS ON COMMONS/PUBLIC LANDS. The City Manager explained that the POSC has made some recommendations to amend the procedures manual to allow plantings on Commons or public lands. Basically the goal is to maintain and restore the natural look of the Commons by the use of more native vegetation. There is a listing of the types of species that would be acceptable. Refer to page 3486 and 3487 for the proposed resolution with the guidelines. The POSC is asking for consideration and approval. The Council asked about grass because there are areas that are like lawn. The Council questioned whether it is a goal to turn the Commons into a wild area or natural commons. They could understand the bluff areas being kept natural. The Council asked if these guidelines would be binding. The City Attorney stated that the guidelines all start with "shall not" which seems very mandating or directive. It is not law in the sense that we could prosecute anyone. The Council discussed changing the language to read "should or should not", to make it softer. This language was pointed out by City Planner Bob Day in his memo of August 3, 1994., but it was not reflected in the guidelines that are proposed. Councilmember Ahrens stated that the reason this has come about is that when the inventory was done, there were a variety of plantings found on the Commons. Therefore, a guideline was put together so that people would know what they could or could not plant on the Commons. The Council also discussed how people would be notified of these guidelines. They also discussed the goal. The Council felt that Mr. Day's goal on page 3491 which reads as follows was a better goal: ". .... the creation of an overall aesthetic appeal throughout the commons 13 MOUND CITY COUNCIL MINUTES AUGUST 23, 1994 which will still have the flexibility to absorb modifications in the future." The Council felt the POSC needs to recognize that certain types of commons have the look or appearance of lawn or park and they are going to be mowed. This does not seem to be reflected in the proposed guidelines, The Council asked that this be discussed at the next Committee of the Whole Meeting and then it will be sent back to the POSC for further consideration. 1.13 APPROVAL OF SALARY INCREASES FOR MAYOR AND CITY COUNCIL. The City Manager explained that the salaries of the Mayor and City Council have not been increased since 1979. Mound's Mayor and Council ranks as one of the lowest paid in their population category. The proposal is for the Mayor to .go from $1800/year ($150 month) to $4500/year ($375/month) and the Council from $1200/year ($100/month) to $3000/year ($250/month). These salaries would not go into effect until January 2, 1995. The Council pointed out that there is no per diem, and there are a lot of extra hours for preparation, litigation, etc, for which they are not paid. Smith moved and Ahrens seconded the following: ORDINANCE g'/0-1994 AN ORDINANCE AMENDING SECTION 155:35 OF THE CITY CODE RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS The vote was unanimously in favor. Motion carried. 1.14 DISCUSSION: CITY'S FINANCIAL SUPPORT TO MOUND CITY DAYS. The City Manager stated that at a previous meeting the Council asked that this be on the agenda tonight for discussion. Councilmember Smith stated that he feels Mound City Days is a very important event for Mound. The fireworks has become one of the biggest events on the lake. The cost of the fireworks is $10,000. It is becoming a problem for the Lions to continue to fund the fireworks because of the State's taxing structure on charitable gambling. He stated he does not feel the City should fund the entire fireworks, but a portion thereof. The City Attorney stated there are state statutes that govern what the City can or cannot do with community events. He stated he will look into this and find the appropriate statutes for the staff. The Council commended the Dons for all their volunteer hours and work in putting on Mound City Days. The Council directed that $4,000 be put in the budget for fireworks, if it is legal to contribute to this community event. 14 MOUND CITY COUNCIL MINUTES 1.15 DISCUSSION: "CITIES WEEK". AUGUST 23, 1994 The City Manager explained the League of Minnesota Cities "Cities Week". The Council reviewed the events and noted that a lot of the items are already being done in Mound. The Council thought the poster and essay contest would be a good item for the schools to participate in. The City Manager will follow-up on encouraging the school to participate in these contests. A proclamation for "Cities Week" will be prepared for approval at the next meeting. 1.16 APPLICATION FOR RENEWAL OF NON-INTOXICATING MALT LIOUOR LICENSE - MOUND LANFS. This item was acted upon at the June 18, 1994 meeting. No action was taken. 1.17 DISCUSSION: PROPOSED AMENDMENTS TO POLICIES AND SEPARATE RFSOLUTION . MINNEAPOLIS- DEC, 1-4, 199~.. NATIONAL MUNICIPAl, NLC CONFERENCE The City Manager stated that cities are invited to submit policy proposals and resolutions for consideration at the NLC's Congress of Cities in Minneapolis, December 1-4, 1994. The Council did not have any policy proposals. 1.18 APPROVAL OF FINAL PAYMENT REOUEST - 1994 SEALCOAT PROGRAM ALLIED BLACKTOP- $25,810.15. 1.19 MOTION made by Ahrens, seconded by Smith to approve the final payment request of Allied Blacktop for the 1994 Seal Coat Program, in the amount of $25,810.15. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $342,207.66, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: July 1994 financial report as prepared by Gino Businaro, Finance Director. Information on National League of Cities Conference to be held December 4, 1994, in Minneapolis. Early registration is due in September 19, 1994. If you are interested let Fran know ASAP. Mayor Johnson, Councilmembers Jensen and Jessen, and the City Manager asked to have their registrations submitted. 15 MOUND CITY COUNCIL MINUTES C. Letter of resignation from Pat Meisel re: HRA. appointment until after the first of January. Information from Rep. Steve Smith re: AUGUST 23, 1994 The Council decided to hold off on an Your questions on the state lottery proceeds. E. Planning Commission Minutes of August 8, 1994. Parks and Open Space Commission Minutes of August 11, 1994. REMINDER' Next regular Council Meeting is Wednesday September 14, 1994 rather than Tuesday, September 13, 1994 due to Primary Election. MOTION made by Ahrens, seconded by Jensen to adjourn at 11:20 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk 16 September 14, 1994 PROCLAMATION NO. 94- PROCLAMATION DECLARING SEPTEMBER 25 - OCTOBER 2, 1994, AT MINNESOTA CITIES WEEK IN THE CITY OF MOUND WHEREAS, Minnesota cities are where people live, raise a family, go to work, and enjoy recreation; and WHEREAS, Minnesota cities are a grass roots government system which represents a close relationship between elected officials and citizens; and WHEREAS, Minnesota cities are home to some 85 percent of the people in Minnesota; and WHEREAS, Minnesota cities provide the basic services necessary to ensure the health, safety, and well being of the people--services such as water, streets, and police and fire protection; and WHEREAS, Minnesota cites are essential to the protection and development of our lakes, rivers, land, and air; and WHEREAS, Minnesota city officials, city employees, and volunteers should be lauded for their efforts in providing for the economic growth, safety, and vitality of our communities. NOW, THEREFORE, BE IT RESOLVED, that the City of Mound proclaims the last week in September to be MINNESOTA CITIES WEEK in Minnesota and urges citizens to take this opportunity to learn more about city government and how they can become more involved. CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEA RING NO TICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 94-34 NOTICE OF A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF A STREET KNOWN AS HILLSIDE LANE NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Wednesday, September 14, 1994._ to consider a request to vacate a portion of Hillside Lane located between Blocks I and 2 in Linden Heights Addition, as shown on the plat map below. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, City Clerk Mailed to property owners within 350' by September 2, 1994. Posted by August 26, 1994. Published in "The Laker" on August 29, 1994 and September 5, 1994. printed on recycled paper PHONE NO. EPARTMENT OF NATURAL Region 6 Trails & Waterways, 1200 Warner Road, St. Paul, Minnesota {612) 772-7935 August 29, 1994 RESOURCES 55106 FILE NO. SEP 2 Planning and Inspections Department City of Mound 5341 Maywood Road Mound, MN 55364 Subject: REQUEST TO VACATE A PORTION OF HILLSIDE LANE LOCATED BETWEEN BLOCKS 1 AND 2, LINDEN HEIGHTS ADDITION. To Whom It May Concern: I have reviewed the information you provided concerning the above mentioned request. As far as I can determine the proposed vacation does not end at, or abut public water, and therefore the Department of Natural Resources does not have any jurisdiction in this matter. That being the case I have no comments at this time regarding the proposed vacation. Should you need any further information from the Department please feel free to contact me. I would be interested in knowing the final outcome of the request, and would appreciate it if you could send me a copy of any resolution(s) passed with respect to this issue. Sincerely, · ys P · cc: George Golden, Attorney General' s Office 412.631 STATUTORY CITIES 56 412.631 COMPOSITION OF COUNCIL. · In any city operating under Optional Plan B, the council shall, except as provided in sections 412.023, subdivision 4, and 412.571, be composed ora mayor and four or six council members. History: 1989 c 30 s 10 412,851 VACATION OF STREETS, The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition ora majority of thc owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, thc resg, l,~j,~ may be adopted only by a vote of four-fifths of all members of the council. ~,No such vacation Shall be mad_e unless it) ( appears in the interest oz thc public to do so 5ftcr a hearing preceded ""~'blished and posted notice, in addition, if thc street, alley, public grounds, public way, or any part thcrcoftcrminatcs at or abuts upon any public water, no vacation shall be made unless written not,ce of the pctilion or proposed resolution is served certified mail upon the commissioner of natural resources at least 30 days before thc hearing on the matter. The notice under this subdivision is for notification purposes only and does not create a right of intervention by the commissioner of natural, resources. After a resolution of vacation is adopted, the clerk shall prepare a notice of. completion &the proceedings which shall contain the name ofthe city. an identification &the vacation, a statement of the time of completion thereof and a description pt'the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in thc transfer records and note upon thc instrument. over official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings. History: 1989 c 183 s 4 date: 8-12-94 Mark Koegl~r ! to: from: Peggy Jame~r~ Mark, for your information, at the Park Commission Meeting last night, they asked that you be made aware of this statute. It is their opinion that the City does not need to give a reason not to vacate, but that it is the applicant's responsibility to show that it is in the public's interest to vacate. They denied the vacation application for Hillside Avenue. cc: Jon Sutherland Jim Fackler MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION AUGUST 12, 1994 STREET VACATION REQUEST BY CRANE BODINE AND ROLAND BOETTCHER TO VACATE "HILLSIDE AVENUE" Parks Director, Jim Fackler, reviewed the various staff reports, and informed the Commission that his recommendation is for denial of the vacation. The Chair asked if anyone present wished to speak on the issue. Applicant, Crane Bodine, recited and distributed a letter to the Commission, including the following requests: The site should be clearly marked with stakes accurately delineating the street proposed to be vacated. This action should be taken well in advance of the council meeting so that its members and all interested parties can view the site with an accurate understanding of its boundaries. The Parks Department should be willing to propose a reasonable, realistic plan for future usage of this "walkway". This plan should include privacy consideration for the abutting private property, safety of the users, and preservation of the nature and wildlife area. 3. A compromise is not proposed; however, if the Parks Department needed a walkway, would it be necessary to utilize a 30 foot strip? 4. The correct name of the property to be vacated should be established and used in all correspondence and hearings. 5. It is incumbent on the city to remove immediately tree stumps and debris left after their cutting a year or more ago. Carl Glister of 5008 Wren Road, spoke on behalf of himself and his neighbors who would like to keep the property public. Applicant, Scott Boettcher, asked that if the right-of-way is developed into a walkway he would appreciate advance notification. He is not in favor of a walkway on this property. The Parks Director clarified that it is the applicant's responsibility to locate the property irons. Casey cited Minnesota State Statute 412.851 relating to the vacation of streets, and questioned if it is not the applicant's responsibility to show that it is in the interest of the public to vacate this street. He does not believe it is the City's responsibility to provide a plan or a reason not to vacate. Darling stated that regardless of the future intention for this land, it is the Park Commission's charge to preserve open spaces for all to enjoy. The issue' relating to the deck encroachment was briefly discussed. MOTION made by Darling, seconded by Steinbring to recommend denial of the requested street vacation and that all private encroachments either be removed from public property or the applicant should submit an 'after the fact' application for improvements on public lands. Motion carried 6 to 1. Those in favor were: Darling, Steinbring, Byrnes, Geffre, Schmidt and Casey. Ahren$ abstained. Schmidt confirmed with the applicant that staff will investigate the proper street name, and will address the tree stump. This case will be reviewed by the City Council on September 13, 1994. August 11, 1994 RECEIVED AT P&OSC MTG 8-11-94. cC: JON SUTHERLAND MARK KOEGLER TO: The City of Mound Park and Open Space Con~m~ission and Staff FROM: Crane J. Bodine, Resident 5025 Wren Rd, Mound, MN This communication is in reference to my application requesting vacation of Hillside Avenue adjacent to my property. There seems to be a good deal of confusion regarding this matter. According to my survey, the proper designation is "Hillside Avenue", yet in the Parks Department memorandum, 'the si~e is referred to as "Hillside Lane". In the city planner's report, the site is designated as "Hillside Avenue"? In the public hearing notice, the site is re- ferred to as "Hillside Lane" as well as in the neighbor's letters. Additionally, the city planner's report alludes to mature trees that exist on this site. Some of the neighbors also have mentioned the trees. We believe there are no trees involved on the ci~ty prop- erty except on the east end. The matter of "future use" was raised at the Planning Commission meeting, Aug. 8, 1994, and that perhaps the site could be used for access to Crescent Park. That portion of Crescent Park to which the access leads is marsh and wildlife area now served very nicely by Sumach Lane with a nature path to the end of the point. It was men- tioned by a Planning Commission member that perhaps a bridge of some kind could be built over the marsh. Certainly that wouldn't be in your planl Fifteen people abreast could walk comfortably on 30 feet of land. Does that make sense? Additionally, do you perceive that children are going to make their way from the main park (Three Points Park) at Gull and Wren up the street to this access point ...and then enter the marsh? I submit that these cmncepts are not realistic. For 27 years, we have peacefully resided at 5025 Wren utilizing our cottage as a summer home. There is a possibility we may wish to have our son build a home on our lot abutting the side in question. If we proceeded with this idea, additional space would mainly serve the positioning of a structure not to build a larger home nor to dess- imate our property. It was stat--~ in the Planning Commission...that this was not enough reason on our part to*-acquire 15 more feed. I think such reasoning is 'specious. For our 27 years of residency, this property has been undeveloped by the city. There seems to be no real or reasonable plan by the city now. We have no plans to block this space nor to unnecessarily remove valuable trees. It appears that there are those who simply don't want us to acquire this site and wish no changes whatsoever at any time. Finally, to be fair to all parties involved including our neigh- bors, the Parks Department and Planning Commission should execute the page 2 following steps in timely advance of the council meeting: 1. The site should be clearly marked with stakes accurate- ly delineating the street proposed to be vacated. This action should be taken well in advance of the council meeting so that its members and all interested parties can view the site with an accurate understanding of its boundries. 2. The Parks Department should be willing to propose a re- sonable, realistic plan for future usage of this "walk- way". This plan should include privacy consideration for the abutting private property, safety of the users, and preservation of the nature and wildlife area. 3. A compromise is not proposed; however, if the Parks De-.: partment needed a walkway, would it be necessary to util- ize a 30 ft. strip? 4. The correct name of the property to be vacated should be established and used in all correstpondence and hear- ings. 5. It is incumbent on the city to remove immediately tree stumps and debris left after their cutting a year or more ago. I ask you to review and act on this matter as proposed. My re- quest to vacate is a perfectly legal action taken with the proper pro- cedures. I don't wish to be characterized as an adversary as I have no desire to harm the city or its citizens in any manner. pectfully submitted, Crane J. ~odine 5025 WreM Rd. Planning Commission The Mayor's Office Roland Boettcher MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION AUGUST 8, 1994 CASE #94-58: REQUEST TO VACATE A PORTION OF HILLSIDE LANE, BY CRANE BODINE OF 5025 WREN ROAD, LOTS 1,2,3, BLOCK 1, PID 13-117-24-13 0022; AND ROLAND BOETTCHER OF 1780 HILLSIDE LANE, PART OF LOTS 5, 6, & 7, BLOCK 2, PID 13- 117-24 13 0028, BOTH IN LINDEN HEIGHTS. PUBLIC HEARING, City Planner, Mark Koegler, reviewed his report. The applicants are requesting vacation of the unimproved Hillside Avenue between Hillside Lane and Crescent Road. The lot owned by Roland Boettcher has a deck that encroaches into the subject Hillside Avenue. The City needs to assess whether or not any current or future public purpose will be served by maintaining the property under public ownership. If no such purpose can be identified, an action to vacate the right-of-way can occur. This request will also be reviewed by the Park Commission, and their recommendation will be forwarded to the City Council. The City Engineer, Parks Director, and Public Works Director have reviewed this request. The Public Works Director, Greg Skinner, concluded that the right-of-way is not needed for either street or utility purposes, and if the vacation occurs, the maintenance of the sanitary sewer will become the responsibility of 1780 Hillside Road. The City Engineer and Parks Director both recommended denial and that the street be retained for a walkway leading into Crescent Park. Staff recommended denial. Depending upon the recommendations of the Commissions, the following comments should also be considered. If the recommendation is to deny the request for the proposed street vacation, all private encroachments should either be removed from public property or the applicant should submit an "after the fact" application for improvements on public lands permit. Such a permit could identify an allowable time frame for the removal of the encroachments (2 or 3 years?) and possible a clause escalating the time frame should the City desire the install a walkway through the Hillside Avenue right-of-way. If the recommendation is to approve the request for the proposed street vacation, it sh~)uld be conditioned upon the preparation of a conservation easement that would prohibit the owners from removing the mature trees that exist within the existing right- of-way. 5 Planning Commission Minutes August 8, 1994 Staff noted that a response from the DNR has not yet been received. Hanus questioned the location of the ordinary high water mark. The Building Official clarified that at the end of the road there is a wetland, however, he believes the ordinary high water to be at least 50 feet from the end of Hillside Avenue. The Commission reviewed the amount of property that would be gained by each abutting owner to be approximately 2,250 square feet. Mueller questioned the possibility of subdividing the adjacent property in Block 1. The City Planner noted that a subdivision may be possible, but a revised survey would need to be reviewed in order to determine the possibilities. Applicant, Crane Bodine, of 5025 Wren Road, informed the Commission that he is a 27 year summer resident. He stated that Hillside Avenue has no trees or significant vegetation on it, that all the trees are actually located on his property. He wants to maintain the integrity of the area. He stated that if it is important for the City to keep the property for park or recreational purposes he has no problem with it as long as the integrity of their lots are not harmed or their privacy is not disturbed. He explained that the Boettcher's maintain the right of way and cut the grass. If the street was vacated, he would not cut the trees. In the future, he plans to build a house for his son on his property. He would have no problem with the City having a walkway on the right of way. The Commission questioned what plans the Park Commission has for this property, and questioned how much width would be needed for a walkway. Mr. Bodine noted that there already is another access to Crescent Park and the wetlands. Chair Michael opened the public hearing. Carl Glister of 5008 Wren Road stated that he is not in favor of the vacation, and the he and his neighbors want to keep the open space. He commented on how Wren Road is wall to wall houses on the lake side and feels the open space is valuable to the community. Scott Boettcher, Roland's son, st~.ted that there is only about 15 feet from the end of Hillside Avenue to the water, and if there is a walkway installed on the right of way, it will not lead to anything. He stated that if the City does not approve this request, that is okay. Mueller addressed Scott Boettcher regarding the deck encroachment. Mr. Boettcher stated that the previous owner had a deck there, and they replaced it and expanded it a little. He estimated the life expectancy of the deck to be 2 or 3 years. Mr. Boettcher confirmed that the dog kennel is gone. Reasons .for the City to retain the right of way, and reasons for the applicant to want the street vacated were reviewed. Michael commented that he would like to see a plan for the use of this area from the park commission before he would recommend denial. Clapsaddle 6 Planning Commission Minutes August 8, 1994 does not agree that the City has to have reasons to not give up the land. MOTION made by Clapsaddle, seconded by Weiland to recommend denial of the street vacation, and to recommend that the deck encroachment either be removed or that the proper permits be obtained to allow the deck to remain. Voss does not feel there is a need to see a plan. Mueller questioned if the width of the right of way could be compromised, he does not feel 30 feet is needed for a walkway. Michael commented that he does not feel the property would be a good access, and the kind of property the access would lead to is not what he would consider a park. Crum agreed and added that she does not see a reason not to vacate. MOTION to deny carried 6 to 2. Those in favor were: Clapsaddle, Weiland, Surko0 Hanus, ross, and Mueller. Michael and Crum opposed. Hanus stated that he voted in favor to deny, but he agrees with Mueller in that he would like to see a plan to substantiate their decision to retain the property. Weiland commented that it is good the Parks Department has the foresight to want to keep this property and save it for the future. The Secretary informed the applicant's that this request will be heard by the Park and Open Space Commission on Thursday, August 11,1994 and by the City Council on September 13, 1994. Hoisington Koegler Group Inc. gO PLANNING REPORT TO: Mound Planning Commission, Park and Open Space Commission and Staff FROM: Mark Koegler, City Planner DATE: August 2, 1994 SUBJECT: Street Vacation APPLICANTS: Crane Bodine and Roland Boettcher CASE NUMBER: 94-58 HKG FILE NUMBER: 94-5w LOCATION: Hillside Avenue Between Blocks 1 & 2, Linden Heights Addition EXISTING ZONING: R-1 and R-lA COMPREHENSIVE PLAN: Residential BACKGROUND: The applicants are requesting vacation of Hillside Avenue between Hillside Lane and Crescent Road. Crescent Road is an unimproved right-of-way that is part of Crescent Park. At the present time, the lot owned by Roland Boettcher has a deck and dog kennel that encroaches into the existing right-of-way for Hillside Avenue. In the case of a street vacation request, the City needs to assess whether or not any current or furore public purpose will be served by maintaining the property under public ownership. If no such purpose can be identified, an action to vacate the right-of-way can occur. In most cases, the vacated right-of-way is split between abutting properties. Depending on the details of the original plat, other ownership transfers might also occur. This particular vacation request involves both planning issues and park issues. Accordingly, it is being reviewed by both the Planning Commission and the Park and Open Space Commission. Both bodies will forward their recommendations to the City Council for final action. The City Engineer, Park Director and Public Works Director have reviewed the proposed street vacation. The Public Works Director, Greg Skinner, concluded that the right-of-way is not needed for either street or utility purposes. He further states that if the vacation occurs, the Land Use/Environmental· Planning/Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Hillside Avenue Street Vacation Request August 2, 1994 Page 2 maintenance of 98 feet of 4 inch sanitary sewer line will become the responsibility of 1780 Hillside Road. Since this is the only utility line in the area, no utility easements would need to be retained should the vacation request be approved. Minnegasco has also responded that they do not have any facilities within the subject area. The City Engineer and Park Director both recommend that the vacation request be denied. Both of their comments relate to retaining the property as a walkway leading into Crescent Park. John Cameron points out that such a walkway could also be accommodated by an easement, however, outright ownership as right-of-way is preferable. RECOMMENDATION: The Planning Commission and 'Park and Open Space Commission have two options available, either approve the request or recommend that the City Council deny the request. The Staff recommendation is denial. Depending upon the recommendations of the commissions, the following comments should also be considered: If the recommendation is to deny the request for the proposed street vacation, all private encroachments should either be removed from public property or the applicant should submit an "after the fact" application for improvements on public lands permit. Such a permit could identify an allowable time frame for the removal of the encroachments (2 or 3 years?) and possibly a clause escalating the time frame should the City desire to install a walkway through the Hillside Avenue right-of-way. If the recommendation is to approve the request for the proposed street vacation, it should be conditioned upon the preparation of a conservation easement that would prohibit the owners from removing the mature trees that exist within the existing right-of-way. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors RECEIVED 3 199 MEMORANDUM TO: Planning and Inspections FROM: John Cameron, City Engineer DATE: July 28, 1994 SUBJECT: Street Vacation Request Hillside Lane - Case #94-58 MFRA #10798 It does not appear that this right-of-way would ever be needed for street or utility purposes; however, it could serve as another access point to Crescent Park, probably more likely for pedestrians rather then vehicles. The right-of-way could be vacated and a walkway easement retained, but then there is still the problem that the property owners envision this as totally their property, where they can do minor improvements such as plant trees, build storage sheds, construct retaining walls, etc. This is already evidenced by the encroachment of a deck and kennel on the existing right-of-way. It is also more difficult for the City to do improvements when they only have an easement rather than platted right-of-way. We do not believe that this street vacation would be in the City's best interest. An Equal Opportunity Employer CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: July 26, 1994 / Planning & Inspections . ~,, / ( \.zl ORi~q ~;;tk:;:rr' ~; rekel In reviewing the attached request to vacate a portion of Hillside Lane, one must look at the affect it will have on the adjacent Crescent Park. A portion of this park is being retained as a nature area, and a portion is utilized for city dock sites. At this time, little or no development as occured in Crescent Park, but I can foresee that development will happen and access will be a concern to both the nature area and the dock site locations. Currently there are three accesses to Crescent Park: Hillside Lane, Heron Lane, and Sumach Lane. Sumach Lane is being used as an access to Crescent Park. Heron Lane is located 233 feet to the west of Sumach Lane, and because of its close proximity to Sumach Lane, when development occurs at this park, it does not pose as high need for use as an access. On the other hand, when looking at Hillside Lane, in relationship to providing access, it is a direct link to Three Points Park, Wiota Commons, and the neighborhood to the west of Crescent Park. From viewing the surveys supplied by the applicants, it is apparent there is a deck encroaching onto the unimproved Hillside Lane. There is no evidence on file at City Hall that indicates an application was submitted to construct this deck within the right- of-way. Consideration should be given to its removal at this time. It is my belief that Hillside Lane is an important part of the future use of Crescent Park and should be retained by the City. Also, this application should be submitted to the Park and Open Space Commission for their recommendation. JF:pj printed on recycled paper CITY of MOUND MOUND. MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 .ira 2 8 ~ To: From Subject: Son Sutherland Building Inspector Greg Skinner Public Norks Request to Vacate Hillside Road I have reveiwed the request and made a site inspection t.o vacate Hillside Road. I see no reason that we would need to keep t. his unimproved road. However, there 'is 98' of 4" sanitary sewer line for ]780 Hillside Road that ~ould become the owners responsibility if the request is granted. printed on recycled paper 3 .t0 Glister, owner of 5008 Wren Rd. Mound, Mn 55364 3 August 1994 RECEIVED ' OUN & INSP. To Whom It )la)- Concern--including Mound Planning Commission and The Mound City Council RE: Vacation of the fire lane on Hillside Lane. between 5025 Wren Rd and 1780 Hillside. 'Dear' Sirs' We wish to raise several objections to the elimination of the fire ~'~'~ in favor of it ~eing given to the private 'oarties on either side. !. Each party already has in their possession 3 lots. if they wxsh to build additional buildings, it should be done the ~'~' ~ , _ ess ~cn~ines of what chex. already ~:~oss . ~ - fire laFJe ~. The oa:'~.5 ~.h~ ~ s request.~ng ~ne . ~.his t-;me was not in favor of it when ~Lc~,e other party wanted-to do · ' _ ' .. ~tv ~u~ent!y -~equesting ~. for hi~ own bu}]ding Froject. The.-,f.~ mo]'e land does not homestead the prcperty he is ~;ishing to add He ,cants mor. e land so cha~ he c:ar: ~i:e or sell. ~.omc of his land tc ,,n~, w~:=;a,_s to buil'd , without alte~i n~ :.he vl ew and ma~'ketable value of the ]and the ~ummer resident alread>' 3. if the land is given, it. will be filled, not. left open. As we know, ~' "e ~ - ' ' in the 3 Po'int. s ~.nez are ,~, open spaces remainxnE area. Not sp2ittJng it will insure at least 30 f% of open, non- ~ ~ ' this de. veloped space If given, a house will be bui utilizin~ space and one more lake view w]ll be destroyed. 4. Because this property abuts a wild life nature habitat, any building could have negative effects on ~he natural environment, somet'hing we would like to see preserved for' time to come. We would suggest an environmental impact statement be made regarding a~y building by any properZies that abut the marsh area, also to include ourrent residents of the non-homesteaded party. High density living is likely to negatively affect nature. 5. Adding addi,tional 'buildable property, will increase the mobile traffic in an already busy loop around Three Points Park. The corners on each side of Hillside Ln are ,already very dangerous. Likewise, whcn a home is bufli, because this land is donated, there will be more on street ',~arking done. Nct onlF will tibia make the road even more hazardous, but it. will continue to erode our view with the addition of ano~her lak~side par'l.~ino~ lot.. it has been our er~perience,in residing aZ our- t~,resent, location for a full. 15 ye&rs, zhat anytime a space becomes availaLle, it gets filled. Three Points is literally coming to be wall to ~a]l house. So; -any time there is & CHOICE and a CHANCE to _eave ~ s~oace open~ we can't help but work toward that end. Mound needs commons and open spaces or we might as we]] live in hi__o'k density :~]aces like .~[PLS. We want. %o keep a litt[e bit of countrF at, m¢~spher'e. Thank you., £c,r )-our consideration ~n this mat*-'~-~r. August 2, 1994 RECEIVED ' F'LAi' ; & INSP. Planning Commission City of Mound 5341Maywood Road Mound, MN 55364-1687 Re: Case No. 94-34 regarding a request to vacate a portion of Hillside Lane between Blocks 1 and 2 in Linden Heights Addition. Ladies and Gentlemen: We are writing this letter to express our opposition to the request to vacate the fire lane between Blocks 1 and 2 in the Linden Heights Addition. This property is currently owned by the City and is undeveloped in a natural state. It rum from Hillside Lane to Crescent Park which is also mainly undeveloped in a natural state. In this area of Mound, most residential lots are quite small. However, because the City owns parkland and other property such as this, the impact of this high density is lessened. If the City vacates this property, trees and bushes that are located on the property could be destroyed by the new owners. This would take away the natural barrier between the two lots which is presently enjoyed by the whole neighborhood as well as the two abutting owners. There is not much "open" land left in the neighborhood, in order to preserve as much of it as possible, the City should not vacate this property. Yours ~ Pam Rudy and Bob Rudy 5041 Wren Road Mound, MN 55364 $I, 13 RECEIYED Dar,, S inner ,%1¥ August 3, 1994 RECEIVED AU6 Ci'ty of Mound Maywood Road Mound, MN 55364 Gent 1 emen: We are writing in response to a notice "TO CONSIDER THE VACATION OF A PORTION OF A STREET KNOWN AS HILLSIDE LANE". We are against the vacation of this street, and the reasons are listed below. (We have been residents of 5001 Sparrow Road for 17 years and at 5108 Edgewater Drive the previous four years.) You don't need to make any changes in ownership of the lane as the property owners on both sides of the lane currently treat the area as their own property at this time. I'? they in%end to keep the land in the same condition as it is now, 'there is no reason to change the ownership. BUT, we have been told that the residents to the east of the lane plan to give the lot next to the lane and the lane he wants the city to give to him, to his son so his son can tear down the mature trees on the lane and build a house. Mr. Bodine wants the lane given to him so his soil can build a BIGGER house than he could without the extra footage. As you know, any vacant land near a lake is soon filled with a house. Mr. Bodine currently has three lots and owns lakeshore, I don't think the city should be giving away land just because a person asks for it. OPEN SPACES and nature areas are very important.for the city to maintain. If we weren't concerned with 'the feel and look of "country", we might as well live in Minneapolis. We want to see the trees left as they are. We also don't want to see a house where there now are beautiful trees, and a house would block the view that is there when the trees are not in leaf. 3. The lane also abutts a natural habitat area. Any changes in the lane area will most definitely impact the marsh and water negatively. If another house is shoehorned in the area, there will be even more traffic around the Three Points Park "loop". The current owners of the property east of the lane apparently don't like to park in their driveway and are always parked on the very sharp corner at Hillside and Wren. If a house is built next to the lane, the present driveway area would go with the new house and the occupants would have to park on the road. There will be even more on-street parking with an additional house. We don't think the city should give away land with the proposed use of being the extra square footage wished for to build a bigger house. The location of the house is across the street from a large park that is used by many, many children and families. We don't need any more traffic around this park. Please leave the area as it is now. Steve and Lauree Fegers 5001 Sparrow Road Mound, MN 55364 472-1500 ,6\\~e i~eo Cf es~en~ BAY¢ 23373 DR~VE h '1 I~ I CITY OF MOUND MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: July 26, 1994 Minnegasco GTE Public Works Department City Engineer Northern States Power Company Fire Department Police Department Parks Department DNR Planning and Inspections Department ~ REQUEST TO VACATE A PORTION OF HILLSIDE LANE BETWEEN BLOCKS I AND 2, LINDEN HEIGHTS ADDITION. LOCATED The City of Mound has received a request from the owners of 5025 Wren Road and 1780 Hillside Lane to vacate the unimproved Hillside Lane located between their properties. A copy of the public hearing notice is attached for your reference. Do you foresee a need for this street? Are there any utilities involved? Do you recommend denial? Please submit your comments or concerns in writing to Peggy James at Mound City Hall by 4:30 p.m. on Wednesday, August 3, 1994. This request will be heard at an informal public hearing by the Planning Commission on August 8, 1994. If you have any questions, you may call Peggy directly at 472-0607. Thank you for your time in reviewing this matter. pJ Enclosure cc: Mark Koegler, City Planner Jon Sutherland, Building Official printed on recycled paper CITY OF MOUND 5341 Maywood Road Mound, MN 55364 472-0600, fax: 472-0620 APPLICATION TO VACATE Case No. Application Fee: $150 LEGAL DESCRIPTION OF APPLICANT'S ABUTTING PROPERTY: ~.ot(s) I.) 2-, ,B Block Description of Street or Easement to be Vacated~ Reason for Re~est or In~resg in Property= ' Day Pho.e ~& Go~O~-' 15-11v-z4. 13 OOa2 PID No. ~4',"i/.s 7~ ~ Aue Is there a public need for the right-of-way to be retained for a public purpose? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removin9 such notices as may be required by law. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~]~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ FOR OFFICE USE ONLY Recommendations from Utilities: Recommendations from City Depts.: Police Chief Other NSP Minnegasco GTE Public Works Fire Chief Engineer OF MOUND 5341 Maywood Road Mound, MN 55364 472-0600, fax: 472-0620 APPLICATION TO VACATE I Case Date Filed Application Fee: $150 Applicant' s Name '~O(-~. ~ ~ /.--LA"~ tc.~_ ~O [ I~Ci4 ~ ~ Applicant's Address (~O H I~i~ ~, ~O~ LEGAL DESCRIPTION OF APPLIC~T'S ABUTTING PROPERTY: Lot ~[ ~Jfb Description of Street or Easement to be Vacated: Day Phone Reason for Request or Interest in Property: there a public need for the right-of-way to be retained for a public purpose? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintainin9 and removing such notices as may be required by law. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ FOR OFFICE USE ONLY Recommendations from Utilities: NSP Minnegasco GTE Recommendations from City Depts.: Public Works Fire Chief Engineer_ Police Chief Other L.~.~ L '~ESC. Rt LoT {%?_..~5d EE D AT ~'~CL.LADI~IG AL. LTNAT Poj~.TIo/',3 . ~ LY I~ ~ £o~T~u,~C~TCg--Lce OF TMC, ,.~ouwH U~0f.., oF sAi o PotZ'TH_ II FZZT OF L.oT ~' E.AC 14 o'T~4L~.. 9'6 ' I 11 3&~.y ,! $ (54) ?o ~ ~ ~?)~ C~E S C~F',IT PARK ol'o) )~ IB Oozz PROPOSED RESOLUTION #94- Coz RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING PORCH ADDITION AT 2612 WILSHIRE BLVD., LOT 2, REARRANGEMENT OF BLOCK 7, SHIRLEY HILLS UNIT B, PID #24-117-24 12 0009 P&Z CASE #94-62 WHEREAS, the owner, Larry Melsness, has applied for a variance to recognize an existing nonconforming front yard setback of 20 feet ( +/-) to the attached garage in order to construct a conforming 10' x 10' sunroom, and; WHEREAS, this property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to both Channel Road and Wilshire Blvd., and side yard setbacks of 10 feet. WHEREAS, the nonconforming garage is in good condition, was issued a permit to be constructed, and it is unlikely it will be removed at this time. WHEREAS, all other setbacks, lot area, and lot coverage are conforming, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval with the finding that the platted Channel Road is actually being utilized as a driveway, and therefore reduces the impact of the nonconforming setback. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: ., The City does hereby recognize the existing nonconforming front yard setback of 20 feet, resulting in a 10 foot variance to the required 30 foot setback, in order to construct a conforming 10' x 10' sunroom as shown on the survey dated May 10, 1961. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a conforming 10' x 10' sunroom. This variance is granted for the following legally described property: Lot 2, Rearrangement of Block 7, Shirley Hills Unit B. Proposed Resolution Melsness, #94-62 Page 2 This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 12, 1994 CASE #94-62: .LARRY MELSNESS, 2612 WILSHIRE BLVD., LOT 2, REARRANGEMENT OF BLOCK 7, SHIRLEY HILLS UNIT B, PID #24-117-24 12 0009. VARIANCE FOci CONFORMING PORCH. Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to both Channel Road and Wilshire Blvd., and side yard setbacks of 10 feet. The applicant is seeking a variance to recognize existing nonconforming setbacks to the attached garage in order to construct a 10' x 10' sunroom that is conforming. All other aspects are conforming. The nonconforming garage is in good condition, was issued a permit to be constructed, and it is unlikely it will be removed at this time. Staff recommended the Planning Commission recommend approval of a variance to recognize the existing nonconforming front yard setback of 20 feet, resulting in a 10 foot variance to the required 30 foot setback, in order to construct a conforming 1 O' x 1 O' sunroom as shown on the survey dated May 10, 1961. Concern about the accuracy of the survey was noted. The Building Official commented that since a permit was issued for the nonconforming garage, and proposed porch is totally conforming, he did not feel a new survey was necessary, in this case. The Commission noted that the platted Channel Road is actually being utilized as a driveway, and therefore, the impact of the nonconforming setback is reduced. MOTION made by Mueller, seconded by Hanus to recommend approval of the variance request as recommended by staff. MOTION CARRIED UNANIMOUSLY. This case will be heard by the City Council on September 14, 1994. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: Planning Commission Agenda of September 1 2, 1994 TO: FROM: Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~C~ ~ o SUBJECT: Variance Request APPLICANT: Larry Melsness CASE NO. LOCATION: 94-62 2612 Wilshire Blvd., Lot 2, Rearrangement of Block 7, Shirley Hills Unit B, PID #24-117-24 12 0009 ZONING: R-1 Single Family Residential BACKGROUND This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to both Channel Road and Wilshire Blvd., and side yard setbacks of 10 feet. The applicant is seeking a variance to recognize existing nonconforming setbacks to the attached garage in order to construct a 10' x 10' sunroom that is conforming. All other aspects are conforming. The nonconforming garage is in good condition, was issued a permit to be constructed, and it is unlikely it will be removed at this time. RECOMMENDATION Staff recommends the Planning Commission recommend approval of a variance to recognize the existing nonconforming front yard setback of 20 feet, resulting in a 10 foot variance to the required 30 foot setback, in order to construct a conforming 10' x 10' sunroom as shown on the survey dated May 10, 1961. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on September 27, 1994. printed on recycled paper · - .. ~.~.2612/WILS,~ IRE .BLVD.,:+ ,MOUN. D, .HN~.' , MELSNESS ADDIT.~ON PLAT:::'OF~ S 'liVEY ' "~" i : ' ' :':.: ~""~" ' -.,. ",: .... · .;: :,, .: ~ '.. . . -" · , · ' ':'~ :""',,-: ;;~14 ~: ~' :. '::: (" i hereby' c~ffy . ;':".': mad· a s~ay of ~e'~ location of the build~l~ '-' .on ~e a~ve descend prope~y l~ation :'. of ~( Idtn~ is shown on ::-.',::.;'i~_;,: ~1; ,, ~. :.., _ .... '.. :....: C:~:t, TLT1CATIC OF SURV'~'~ ~',. ~, ,, the p~opert¥ clasc~ib~d ~b6ve a,,d'that e~.... ' da~ Is & cor~e'ct'~ep~esentitlon o[ Planning Commission Date: City Council Date: VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 City Planner ~ Public Works City Engineer DNR Other Application Fee: $~50.00 ,:as,, $o.q44vL Please type or print the foHowlng information: Address of Subject Property Block Zoning District Owner's Name Owner's Address Use of Property: Day Phone ~ ~ / ~ :~..",'I: 1...' ,~., ..~/:/c/ /:.,.. ~ .... ..... Applicant's Name (if other than owner). Address Day Phone 1. Has an application ever been marie for zoning, variance, conditional use permit, or other zoning procedure ftr this property? (~es, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ,IS 9<//0 .~ ~.n ;,"' ,~0 ~ ? d~':' "-'- ' '~.'"' -- Variance Application (11/93) Page 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No.~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot areh, etc.): SETBACKS: required requested (or existing) VARIANCE Front Yard: S E W ) _~',-, ft. : ,"_. ft. ,,'-~, ft. Side Yard: ( N S E W ) ff. ff. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) ft. ft. ft. : (NSEW) ft. ft. ft. Street Frontage: ft. ft. ft. Lot Size: sq ft sq ft sq ft Hardcover: sq ft sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~J, No (). If no, specify each non-conforming use: o Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape Please describe: '" "~ ' ' ---- ( )soil ,Csff existing situation ( ) other: specify 7 Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No~. If yes, explain: Was~ ~e hardship created by any other man-made change, such as the relocation of a road? No~. If yes, explain: Yes (), Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No~.. If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature NAME: ADDRESS: EXISTING LOT AREA EXISTING LOT AREA CITY OF MOUND HARDCOVER CALCULATIONS SQ FT X 30% = -.- SQ FT X 15% = HOUSE: LENGTH WIDTH / / .6-4 x ~ ~ = X = X = GARAGE: TOTAL HOUSE DRIVEWAY: TOTAL GARAGE x X TOTAL DRIVEWAY ***************** DECK: (if impervious surface under deck = 100%) OTHER: ~' TOTAL DECK TOTAL DECK @ TOTAL OTHER TOTAL PROPOSEDHARDCOVER ******************* UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * · · BY: /""~' "'~?---~.-~ .~.-,~~.-~-----*."~-~ ... DATE: /',.,_ ? 6 BUILDING PERMIT APPLICATION CITY OF MOUND 5341 Maywood Rd., Mound, Minnesota OWNER ADDRESS LOCATION OF PROPOSED IMPROVEMENT TELEPHONE NO t./ STREET ADDRESS ..... ' ADDITION - ' '.' , .....~.~... .. , LOT ~ ~"' BLOCK COMPLETION DATE :"; '~ ",: '~)" APPLICATION REQUIREMENTS Survey. [] Energy Comp.. Plat Plan [] Elevations Structural Plan [] Watershed TYPES OF CONSTRUCTION NEW CONSTRUCTION [] Single Family Sq. [] Multi-Family Sq. Ft. Ft. [] Commercial Sq. Ft. [] Industrial Sq. Ft. []] Garage - Size -' Sq. Ft. Iii Deck - Size Sq. Ft. [] Patio - Size Sq. Ft. [] Fence - Size Ln. F... PERMIT FEE $. SURCHARGE. S.A.C... WATER CONN. FEE $ TAPPING FEE $ TOTAI, .. ' PLAT ' ESTIMATED VALUE ZONING ,L'~ ~. ? ? ~'?w PARCEL [] Heating Layou ~-t:;', ;~ [] Sewer-Water Locati~)'n' '~ ;'~ ~ County Drive~:.Pemp, REMODELING []:'Addition ~:, , ,~, Sq. Ft. [] Interior - Sq. Ft. [] Sub Level -Sq. Ft. [] Roofing -Sq. Ft.. [] Siding - Sq. Ft. [] Utility Bldg. - Size Sq. Ft [] Council Resolution No ERMIT APPROVAL . ~._~.~ OCCUPANCY CERTIFICATE DATE. PLUMBING PERMIT NEEDED: ~.. In case permit is granted, I hereby agree to do the proposed work in accordance with description above set forth and according to the provisions of all ordinances of the City of Mound and of all statutes of the State of Minnesota in such cases made and provided. DATE, APPLICANT,, ' ." // :4.3U~iD ~DVTg..',:;Y c.~ /S:; IIqG ' "'" ,. "" ',-, .... ~ City U~:l 53Li 7,:-y,';c,,:'d F'.~a.'::~ ;.~'~,m~, 7, tr:ne~:~:.a srrtved City In:~pector Uenry T:'u<.~lsen 'I · Dn. vLd Pe'Lcrscn, 50BO Sb~,:'aline Lot 5~ Koh'.'~'n~s Addition ).ccessoD' ~uildlng V:::'i. ance ~,~r. Peters,~n was not present st this 't.'t. me :::> lt~:,m ~ag ':c ~] ,::.'] ','.r'~:..~ [ i.;,t,:: tn meeting. Larry ;delsne?s~ .',.1;f , 'n ,-'- · ..,., . Let 2, Rearra:',::,:,:nc-nt of !qock 7, Shirley Hills Unit 3 Side la~ Variance Mr. ~elsness was neighbors a....~j~,~.eing t.o the 9 ',',c~ ~'.nl:--':-,,:;~ :r,,:r:,:, of bi~ ~;..~m": ~:~.,:. ~lr. & ~{rs. W. ~.. Pei, erson, 53.:t5 Ba:'tie~.'t b!vd,. Mr, & k;rs, Art Bert Otto, 5101 P~rtleb-t 3].vd. ~r. & ~rs. Frank ~at~:chek ~r. & ~rs. Terry D~nnis Ka,gtterh enry, Newel! moved and i~eiland seconded a motio. %0 d~ny the rc:~.;~e:.:t tcr a . Side yard variance (apr, roximate!y Di.~xcussed. The vo%e was: OberOeck~ Sewe2. l. and deny cerr'ied. and air a::d elsa fire ~,e:lan~. - Doesn't provlde ~noui/}-~ a,:;<:es~, ~ to ~,,-.'-,-,f~:<rty.... Jackson - Best use of ir, nd to Cklair Hesse arriveS. Os~x'in C. pFluq · Lots .~-.!I, ir;cl.~ r'ert of' Lots '~,'.,i~ Special U'~e Fez~:it for Cabinet GI£NEICkL ZONING LNFOI{]%L~kTION SIIEET I ADDREss: ~ ~ ~ .... ~ ............ ~ ~. ~ ~ ~ ~ ~ .... . ~ -z~. ~t Of Record? yes Required Lot Width. ~O {frontage on an lmp=oved public .trill) ~ no = Existin~ Lot .idth ~ ~ , Depth~ PRON?; N $ m H ' - -- N N S ~ZSTZNG ~/OR ~0~8~ 8~B~X8: ' FRONT: FRONT: N S SIDE: N S E -, ~) '. 6 FRONT: N $ E W eRONT: N s z w? ~ · SIDE: N 3 E SIDE: N S E W __4' 9~ 6' N S E W 4' LAKEs HOPE: FRONT: N $ E W FRONT: N S E W SIDE: N S E W SIDE: N S E N PEA~: N S g W LAKESNORE ~ :~4)' ........ ~_ co I; o o o .~? ,i) cr August 6, 1994 Dear Friends: Your support and encouragement was greatly appreciated during our fight for a shelter in Mound. Somehow all along, I felt that we would not be successful. Perhaps, the council had its mind made up from the beginning to deny us. From the very beginning I sensed this. Never the less, I have always kept my sights set for an alternative location. The week of the last public hearing I had a vision I could not shake. In fact, when the Mound Council denied us at our last public hearing and everyone was very depressed, I was feeling excited about this new vision. I was so excited that I made my husband Dan get up at 5:00 A.M. to see if there was potential for a shelter in this new location. When we arrived at the site and walked through the building, we immediately realized that this was a far better location and building than the convent we were trying to move. Have I aroused your curiosity yet? The location is in Navarre at the intersections of County Road 15 and County Road 19. It is the Grace Baptist Church which has been for sale for over two years. It will be a perfect shelter. I have a three-fold purpose to this letter. First, it is to sincerely thank you for your previous support. Second, it is to assure you that we are still moving ahead. Third, you guessed it is to ask you for your support in helping us to get the proposal through the City of Orono, where the building is located. We did learn a lot from our past failures with the City of Mound. Because of that experience and wisdom gained, we will be successful with the City ofOrono, rm asking that you send to me a new letter of support addres letter will be taken to the o;,,, m ........ , , sed. (To Whom it m~hYeCOncern~.sitT?s '--.-:-,-,-,,ers, t. ouncn, ana concerned neighbors oft propose Our first planning commission meeting will be held September 19, 1994 at the Orono City Hall located at Crystal Bay Road and U.S. Highway 12, Orono Minnesota. (612-473-7357) If you could attend this meeting it would be greatly appreciated. If you cannot be present please keep us in your prayers. Sincerely yours, Valerie J. Hessburg Executive Director 472-2141 · P.O. BOX 34 · MOUND, MINNESOTA 55364 September 9, 1994 Mayor Skip Johnson City of Mound 5341 Maywood Road Mound, Minnesota 55364 RECEIVE3 ' Mayor Jerome P. Rockvam City of Spring Park Spring Park, Minnesota 55384 Mayor Edward Callahan City of Orono 1335 S. Brown Road Orono, Minnesota 55323 Dear Mayors Johnson, Rockvam, and Callahan, I am hesitant to criticize because your community is not my community anymore -- though once it was. However, if you do not know how others feel about your community, how can you improve it? I grew up in Spring Park and Mound and spent my entire elementary and high school years there. My concern is your "main street" - the corridor between Navarre and Mound. It has evolved into a dreadful landscape in the last 30 years. It appears to be developing as one long, very ugly commercial strip. Land uses are physically, economically, and visually incompatible. The corridor presents a very unflattering view of the community. Unfortunately, it is the first thing that visitors and prospective residents see. Perhaps development is too far advanced to have redevelopment or a new vision make a difference. Perhaps three municipalities can not cooperate and coordinate their development. Perhaps you do not have a vision or can not agree on a vision for what your "main street" should be. Perhaps there is no political will to institute strong design controls on future development in the corridor. I hope that none of these are true and that you can collectively address this community problem. I urge all three of your municipalities to collectively think about a vision for the corridor and take regulatory and redevelopment steps to attain that vision. I think that the long range strength of your community depends on it. Sincerely yours, Perry Thorvig 3112 Townview Av. St. Anthony, Minnesota 55418 RECEIVED 3F_.P I 4 LAKE MINNETONKA CONSERVATION DISTRICT Monday, September 19, 19! Norwest Bank Bldg, 900 E. Wayzata (Elevator handicapped access, west entra 5:30 PM, PUBLIC HEARING establish a Quiet Waters Area, 5 mph s Minnetonka in the channel north of Ced 5:45 PM, LAKE USE AND RECREATION COMMITTEE MEETING AGENDA 'l. Evaluation of public hearing testimony and findings of the 5:30 pm public hearing for consideration of establishing a Quiet Waters Area, 5 mph speed limit, on Lake Minnetonka in the channel north of Cedar Point, Wayzata Bay, with findings and recommendations to the board; o Draft Ordinance amending Sect. 3.07 Watercraft for Hire, adding Coast Guard Safety Standards in new subdivisions 5 through 9, to consider recommending to the board approval of the second reading; 3. Draft Ordinance amending Sect. 3.09 Special Events, changing the licensing authority for special events to the Sheriff, and providing the Sheriff with criteria which may be considered in determining whether or not a special event license should be granted, to consider recommending approval to the board of the second reading; 4. INFORMATIONAL -- MN DNR proposal to change requirements for personal flotation devices (PFD's or life preservers) to meet the Cost Guard rule chaning federal requirements for lifesaving devices, comment being called for by Friday, September 16 -- conunittee/boar~ ~ember~ ~n Support pf or bavinq ~ goncern for this change are Dsked to call ~he. executive director b_~-10:00 am, FridayL o o Hennepin County Sheriff's Water Patrol significant activity report; Special events -- $100 deposit refunds: A. Antique & Classic Boat Parade, 8/14/94 B. Minnetonka Challenge 5 Mile Swim, 8/6/94 C. Limited Bass Predator Classic , Team & Individual Events, 7/9, 8/14 and 8/27-28/94 Additional Business CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Staff Report DATE' September 9, 1994 TO: FROM: City Council Jon Sutherland, Building Official <~;~-/~, Greg Skinner, Public Works Superintendent SUBJECT: REQUEST TO CONSTRUCT A RETAINING WALL AND FENCE ON A PUBLIC DRAINAGE & UTILITY EASEMENT BY PHILIP HOFHERR 4746 ISLAND VIEW DRIVE, LOTS I & 2, BLOCK 8, DEVON Background The applicants are seeking approval to install a retaining wall and fence within a city drainage and utility easement. A city water main is located within the easement. Work on the retaining wall and fence was started, but has not been completed. The contractor has agreed to discontinue the work until authorization is achieved. The contractor and owner have made every effort to work with city staff. The applicants are determined to make the improvements citing the need to improve the use and function of their yard. As noted by the applicant's 6-29-89 permit for retaining walls, the City has approved improvements over utilities in the past. Through experience, we have learned that allowing improvements under these conditions can create future problems when work is eventually done on the utility. In this case, due to the persistence of the applicant, staff offered an alternative in the form of a Retaining Wall Maintenance Agreement. The applicant's attorney drafted the agreement based on an example provided by staff. Our City Attorney reviewed the agreement document, and found the document itself is suitable, however, he recommended that the improvements not be allowed. printed on recycled paper Staff Report Hofherr Page 2 Comments It is not prudent to allow improvements within a utility easement that will at some point interfere with the utility or maintenance of it. This must be balanced with the right of the owner to use their land. In certain cases, improvements can be allowed if they will not interfere with the easement or there are no utilities within the easement. The intent of staff is to change the previous unregulated policy to one of examining each case and not allowing improvements that will interfere with easements. The decision of staff may be appealed to the City Manager and then the City Council if there is a unique circumstance. Staff has taken the position this policy change must take place after this case. Recommendation Staff recommends the City Council approve of the Retaining Wall Maintenance Agreement as amended to add the signature of the Mayor. This agreement shall be recorded at Hennepin County, and proof of filing submitted to the City Clerk prior to issuance of the building permit for the fence and retaining wall. JS:pj JS:pj RET~%INING ~FALL MAINTENANCE ]%GREEMENT THIS AGREEMENT, is made this /~ day of August, 1994, by and between Philip M. Hofherr and Sarah Hofherr (hereinafter "Hofherrs") and City of Mound (hereinafter "City"). RECITALS FIRST: Hofherrs are the owners of real estate located in Hennepin County, Minnesota, legally described as: Lots 1 and 2, Block 8, DEVON, Hennepin County, Minn~~h-d that part of adjacent, vacated Oxford Lane accruing thereto. SECOND: City is the owner of certain utility easements on the vacated street, Oxford Lane, between Hanover Road and Island View Road; THIRD: By Resolution #81-318 dated September 29, 1981, City allowed Hofherrs access over 1/2 of Oxford Lane. City granted said vacation of the undeveloped street, Oxford Lane, subject to utility easements. AGREEMENT The parties agree as follows: 1. Hofherrs, their successors and assigns, shall be solely responsible for the maintenance of the retaining wall over and across the portion of Oxford Lane subject to the utility easements. All necessary maintenance, repairs, operations and replacements of the retaining wall shall be borne by Hofherrs, their heirs, successors, assigns or subsequent purchaser, as their sole cost and expense. TAXPAYER SERVICES TRANSFER ENTERED IT 1994 2. The parties acknowledge that, at some point, the City may be required to perform maintenance of the utility easements lines located on its property. 3. All necessary repairs and/or replacements of the retaining wall necessitated by the City's work on its utilities shall be the sole cost and expense of Hofherrs, their heirs, successors, assigns or subsequent purchaser. 4. This Agreement shall be binding upon Hofherrs, their heirs, successors, assigns or subsequent purchaser. 5. That this Agreement will be filed for record with the Hennepin County Registrar of Titles. IN WITNESS WHEREOF, the parties have hereunto caused these presents to be executed the day and year first above written. Philip M.' Hofherr Sara~°fherr STATE OF MINNESOTA § COUNTY OF HENNEPIN § The foregoing instrument was acknowledged before me this day of August, 1994, by Philip M. Hofherr and Sarah Hofherr, husband and wife. Notary Public ~[~: g5 HENNEPIN COUNTY ~ ~~~,$s~on ex~ires 8-18-94 CITY OF MOUND Its: STATE OF MINNESOTA § COUNTY OF HENNEPIN § On this I 7 day of August, 1994, before me, a notary p.ub%ic, within and for said county, personally appeared City of Mound and that said instrument/was signed on behalf of the City and acknowledged said instrument to be the free act and deed of said City. PREPARED AND DRAFTED BY: Hutton and Kennedy 1925 Rand Tower 527 Marquette Avenue Minneapolis, MN 55402 Notary Public ConversatJor Record PHONE: ~///~//~///~////~////~/£//////////~/~//~/~/~////////////~///////////~/////~////// I I I I I II I Illl LJ A NOVC"'~ ~"~:~ - v--c~) 4Z,5 0 f-STORY F'R/: t-~TUCK UNDER GARAGE DW1 LLING ~ 4"/46 ,ORAINAGE. AND '" '" S',i~"oo'4~"w." SE. RVI CE. ROAD J zz 3 · oy \t ; <.x ~ u. SCALE: ONE INCH EQUALS 20 FEET JOEFN0.9. jEEN ROAD :_RS LANE) 2 io_SC£ S~4E£T 3~ ~O~ EXTeNSION. F. WATER ON HANO~R ROlO1 HANOVER L-60 15' PERMANENT EASEMENT .". :~ ROAD 7 14 I§' PERMANENT EASEMENT. D 'E 3/33 v 0 ' PERMANENT? EASEMENT 351 September 29, 1981 Councilmember Polston moved the following resolution. RESOLUTION NO. 81-318 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLUTION TO CONCUR WITH-THE PLANNING COMMISSION AND VACATE OXFORD LANE FBOM HANOVER ROAD TO ISLAND VIEW DRIVE AND RETAIN OUI~'UTILITY EASEMENT pursuant to due and proper not~.ce according to law, a public hearing was held by the City Cguncil ~'t' the City Hall in the City of Mound on September 29, 1981,'. ~at 7:3..~JP~M. to consider the vacation of that portion of Oxford"Lane fr~.m Han~ver'Road to Island View Drive, and '" " '" at such hearing all pe'bsbns d~iring'~',to:~e heard were given such opportunity after which said public hearing was declared closed by the Mayor, and this is an undeveloped parcel of land and has never been a street, as such, and after review by the City Staff, approval by the Planning Commission, and discussion by the Council there is not a public need for the undeveloped street and it is in the public interest to vacate said undeveloped street, but retain all utility easements, and one half of this vacated street be added to PID #30-117-23 22 0048 and one half to PID #30-117-23 22 0078. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That the undeveloped street, Oxford Lane, between Hanover Road and Island View Drive may be and hereby is'declared to be vacated, but utility easements are retained. That the City Clerk and City Attorney are directed to file a certified copy of this resolution with the Hennepin County Register of Deeds or Registrar of Titles, all in accordance with M.S.A. 412.851 and MSA 117.19. A motion for the adoption of the foregoing resolution was duly seconded by Councilm~mber Swenson and upon vote being taken thereon; the following voted in favor thereof: Polston, Swenson, Ultick and Lindlan; the following voted against the same: none; with the following being absent: Charon; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. BUILDING PERMIT APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, Minnesota 472-1155 LOCATION OF PROPOSED IMPROVEMENT PARCEL # ADDRESS ESTIMATED VALUE ZONING DISTRICT COMPLETION DATE PHONE NO. L~m? I I ~"'" ~ ZIP TYPES OF CONSTRUCTION - DESCRIPTION OF WORK BEING DONE: / 01-3151 PERMITFEE$ I,~' I~'~Z~, / 01-3151 PLAN CHECKFEE $. ,/ 01-2222 SURCHARGE $ PERMIT 78-2304 78-3774 S.A.C. $. 73-3155 WATERCONN. FEES FINAL INSPECTION 73-3744 TAPPING FEE $. 78-3158 SEWER CONN. FEES DATE. 73-3842 STATIONARY ROD FEE $. OCCUPANCY CERTIFICATE TOTALS !.~-_~ ~ DATE. ARE ADDITIONAL PERMITS NEEDED: ELECTRICAL PLUMBING HEATING !ermlt Is granted, I hereby agree to do the proposed work tn accordance with description above set forth and according to the provisions of ances of the City of Mound and of all statutes of tyre State of Minnesota in such cases made and provided. All building permits expire one er date of Issuance. · , /. , DATI= /, / ' ( APPLICANT '%,'~ v /, BUILDING PERMIT APPLICATION 5341 CITY OF MOUND Maywood Road, Mound, MN 55364 Phone: 472-0600 Fax: 472-0620 Tenant/Building Name The applicant is: '~_owner ~contractor ~tenent LEGAL Lot Block Addition DESCRIPTION PID# Plat OW.E. .ems Address ~ ~ ~ ~ ~ ~%~ Phone (H) ~- ~= {W) ~% -~&~, (M) John Phone (H) 'y~- ~o ~ - (W) (M) ARCHITECT Name &/OR Address ENGINEER Phone (H) (W) (M) CHANGE OF FROM: USE TO: PRINT APPLICANT'S NAME VALUATION I OF WORK: VALUE APPROVED: SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. TIME MMITS ON BUILDING COMPLETION. ALL WORK TO BE PERFORMED P~RSUANT TO A BUILDING PERMIT OBTAINED FOR NEV~ CONSTRUCTION. REPAIRS, REMODELING, AND ALTERATIONS TO THE EXIP_HIORS OF ANY BUILDING OR STRUCTURE IN ANY ZONING DISTRICT SHALL BE COMPLETED W1THIN ONE (1) YEAR FROM THE DATE OF PERMIT ISSUANCE. THE PERSON OBTAINING THE PERMIT AND THE OWNER OF THE PROPERTY SHALL BE RESPONSIBLE FOR COMPLETION. A VIOLATION OF THIS SUBDIVISION IS A MISDEMEANOR OFFENSE. THE CITY COUNCIL MAY EXTEND THE TIME FOR COMPLETION UPON WRITTEN REQUEST OF THE PERMITTEE. ESTABMSHING TO THE REASONABLE SATISFACTION OF THE CITY COUNCIl THAT CIRCUMSTANCES BEYOND THE CONTROL OF THE PERMITTEE PREVENTED COMPLETION OF THE WORK FOR WHICH THE PERMIT WAS GRANTED. THE EXTENSION SHAM. BE REQUESTED NOT LESS THAN THIRTY (30) BUSINESS DAYS PRIOR TO THE END OF THE ONE-YEAR PERIOD. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. APPLICANT'S SIGNATURE DATE ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: CONSTRUCTION TYPE: OCCUPANCY GROUP/DIV: MAX OCCUPANT LOAD I CO.ED ,~OV~ I ZONING BLDG SIZE (SO FT) · STORIES FIRE SPRINKLERS REOUIRED? I CITY ENGINEER ~U~ITI YES I NOI PUBLIC WORKS RECEIVED BY I DATE: .: · ' PLANS CHECKED BYe! :.::: APPROVED SYI DATEi::: :!:i:i:: I ASSESSING I -to TA-I..~- TIhcc~ ~trF ~ 'T'H£ &IT¥ I.OllJ~ To B6 Dc--STI~Y~, bo&aT -FI-~ ¥ 4746 Island View Drive Philip Hofherr Devon 37870 Lots 1-2-½ of va¢ Lane Block 8 30-117-23 22 0078' Survey. ~ R-2 ~H'ANOVER ISLAND VIEW DR CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-062O Staff Report DATE: September 9, 1994 TO: FROM: City Council Jon Sutherland, Building Official ~ 7- Greg Skinner, Public Works Superintendent SUBJECT: REQUEST TO CONSTRUCT A RETAINING WALL ON A PUBLIC DRAINAGE & UTILITY EASEMENT BY FERNANDO MAZOLENY, 4748 ISLAND VIEW DRIVE, LOTS 3, 4, & 5, BLOCK 8, DEVON Background The applicant is seeking approval to install rock retaining walls within a city drainage and utility easement as detailed on the attached survey. There is a public sewer line located within the easement that may need maintenance at some time in the future. Maintenance may cause the removal of the retaining walls. Staff has notified the applicant that we do not recommend the retaining walls be installed. This area can be graded to a slope to match the adjacent property and condition. Recommendation Staff recommends, if the Council approves :his request, that a Maintenance Agreement be provided by the applicant suitabie to the City Attorney and that the agreement be recorded at Hennepin County, and proof of filing submitted to the City Clerk. JS:pj printed on recycled paper RECEIVED ::L hr.I'~r...y o,~..~ :.'.., .,..,, :~ ..~ :; au:'%':... :'£ t~.~., t:,~u~:~:?'i;-,_~ o{' bo'~s j~ /.~ a~ 5: r,~n¢:i; ~,: b:,von~ ',oo.t~i&r. of' all ¢::':i::t!r," i~i;.,~.in.-.~ t~.,':l'e3r,. I% coos n:)t .~'~':cr% Scale: 1" = 30' Proposed descriptions: A. ~TJrdon ii. Colf'-i'~6a L~r.d :;u. rv.~yor -.nd Planner ','~::~ i,:..kr., .?.'.innesota Lot 5 and the kest 18 feet of Lot £, Block 8, Devon. 'Lot 3, and Lot 4 exceot the West 18 feet of said Lot 4, Block 8, Devon. PERMIT NO. CITY OF MOUND INSPECTI/J3 i NOTICE M T (.W/ TH F PHONE ITE INSPECTION RADING/EXCAV. 1-1 COMPLAINT [] FOLLOW-UP CONTRACTOR .... [] FOOTING [] PLUMBING ROUGH-IN [] FRAMING [] PLUMBING FINAL I'qINSULATION [] MECHANICAL [] WALLBOARD [] FIREPLACE AT THROAT [] PROGRESS [] FIREPLACE FINAL [] FINAL ~ [] DEMOLITION ~ [] CORRECT WORK & "R;OEED ' ' [] CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN [] STOP ORDER POSTED. CALL INSPECTOR [] INSPECTION REQUIRED. CALL TO ARRANGE ACCESS Call for the next Inspection 24 hours in advance. Owner/Contractor on site ' Inspector ~,. ~J~ ,_~~ / ~¥:rff'~-~jC...lJldj~:~l472-0600 Yellow Copy/Site No~ice White Copy/Inspector'. Fite Conversation Record CONVERSATION PHONE: September 14, 1994 RESOLUTION NO. 94- RESOLUTION APPROVING THE 1995 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $2,408,340; SETTING THE PRELIMINARY LEVY AT $1,808,130; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $499,460, RESULTING IN A PRELIMINARY CERTIFIED LEVY OF $1,308,670; APPROVING THE PRELIMINARY OVERALL BUDGET FOR 1995; AND SETTING PUBLIC HEARING DATES BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the following preliminary 1995 General Fund Budget appropriations: City Council 59,640 Promotions 4,000 Cable TV 1,380 City Manager/Clerk 184,000 Elections & Registration 2,670 Assessing 51,700 Finance 155,920 Computer 24,800 Legal 103,520 Police 833,350 Emergency Preparedness 4,610 Planning and Inspection 162,280 Street 400,860 Shop & Stores -0- City Property & Buildings 101,160 Parks 133,530 Recreation 28,960 Contingencies 15,000~ Transfers 140,960 TOTAL GENERAL FUND 2,408,340 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the County Auditor to levy the following preliminary taxes for collection in 1995: SPECIAL LEVIES Bonded Indebtedness Unfunded Accrued Liability of Public Pension Funds Total Special Levies TOTAL PRELIMINARY LEVY PRELIMINARY TOTAL TO BE LEVIED FOR 1995 Less Homestead Agricultural Credit Aid (HACA) Preliminary Certified Levy September 14, 1994 115,580 33.350 148,930 1.659.200 1,808,130 -499,460 1,308,670 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the preliminary overall budget for 1995 as follows: GENERAL FUND As per above 2,408,340 SPECIAL REVENUE FUNDS Area Fire Service Fund Capital Improvement Fund Capital Projects Fund Cemetery Fund Dock Fund Pension Fund 285,330 307,360 -0- 5,840 78,700 '0- TOTAL SPECIAL REVENUE FUNDS 677,230 ENTERPRISE FUNDS Recycling Fund Liquor Fund Water Fund Sewer Fund 118,590 345,720 371,690 1.019.480 2 TOTAL ENTERPRISE FUNDS SUMMARY General Fund Special Revenue Funds Enterprise Funds TOTAL ALL FUNDS September 14, 1994 1,855,480 2,408,340 677,230 1.855.480 4.941.050 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, hereby sets Tuesday, November 29, 1994 and Tuesday, December 6, 1994, as the public hearing dates for consideration of the 1995 Proposed Budget. September 14, 1994 RESOLUTION NO. 94- RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,075.00 WHEREAS, there is a Resolution #80-223 with the Hennepin County Auditor directing a levy of $4,075.00 for General Obligation Improvement Bonds of 1980; and WHEREAS, it appears thru there will be sufficient funds to cover the principal and interest due in 1995. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $4,075.00 for 1995 taxes payable for the General Obligation Improvement Bonds of 1980. ~ombs Fran___~k Roos Associates, Inc. 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors September 12, 1994 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Mound/Minnetrista Public Works Material Storage MFRA #10481 Dear Mayor and Council Members: On Thursday, September 8, 1994, bids were received and opened for the Site Grading and Access Road Reconstruction of the new Material Storage area in Minnetrista. Enclosed is a tabulation of the four (4) bids received. The low bidder is Imperial Developers of Bloomington, MN with a total bid of $140,167.00. The Engineer's Estimate was $135,420.00 and is included in the bid tab. The Feasibility Report prepared one year ago estimated the construction cost for this project at $118,400.00. As you are aware, this project was previously bid on July 29th at which time the low bid received was for $166,689.50. As was the case on the first bid, the project was divided into two parts, Section I - Material Storage Site Grading and Section II - Access Road Reconstruction. The rebid lowered the site grading by approximately $36,000 from $136,281.00 to $100,002.50, but on the road reconstruction, the price went up approximately $10,000.00 from $30,408.50 to $40,164.50. The net reSults show a savings of $26 522.50 by rebidding the project. , The low bidder, Imperial Developers ha projects throu h o . s contracted fo r' g ur company previously with s ..... r p lvate have also completed numerous municipal projects for such cities as Prior ~u~srac~ory results. They Lake, Plymouth and Eagan. We have checked their references by discussing previous projects with the different municipalities and find them to be a reputable contractor. Therefore, we are recommending that the City award Imperial Developers a contract in the amount of 8140,167.00 for the Mound/Minnetrista Public Works Material Storage Project. An Equal Opportunity Employer Honorable Mayor & Members of the City Council September 12, 1994 Page Two If yOU have any questions, will be available at the Council 1994. JC:3b Enclosures or require additional information, meeting on Wednesday, September 14, Very truly yours, MCCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron Ill September 14, 1994 RESOLUTION NO. 94- RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1995 WHEREAS, the City Council of the City of Mound is the governing body of the City of Mound; and WHEREAS, the City Council has received two resolutions from the Housing & Redevelopment Authority of the City of Mound: one entitled, "Resolution Approving the Mound Housing and Redevelopment Authority Budget for the Year 1995 Pursuant to MSA Chapter 469", and the other entitled, "Resolution Establishing the Tax Levy for the Mound Housing and Redevelopment Authority for the Year 1995; and WHEREAS, the City Council, pursuant to the provisions of MSA 469, must by resolution consent to the proposed tax levy of the Housing and Redevelopment Authority of the City of Mound. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, that a special tax be levied upon real and personal property within the City of Mound in the amount not to exceed $24,000. BE IT FURTHER RESOLVED, that the said levy, not to exceed $24,000 is approved by this Council to be used for the operation of the Mound Housing & Redevelopment Authority pursuant to the provisions of MSA 469, and shall be certified as a tax levy to the County Auditor of Hennepin County on or before September 15, 1994. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following voted in the affirmative: The following voted in the negative: Attest: City Clerk Mayor LAKE MINNETONKA CONSERVATION DISTRICT August 30, 1994 TO: FROM: SUBJECT: City Administrator for the Cities of: > Deephaven > Minnetonka > Minnetonka Beach > Mound > Tonka Bay > Wayzata Executive Director Gene Strommen · Board Member Terms Expiring in 1994 Our records indicate your board member's three year term expires this year. The customary appointment procedure is for new terms to be effective with the October (26th) board meeting. It is at this meeting that new board officers are elected. This is the board's anniversary month, which incidentally starts the District's 28th year. Your city council is invited to act upon your board member's reappointment effective with the October 26 board meeting. Please advise our office promptly if your records are not in agreement with this information. Thank you for processing this important appointment. 612-8~5-3160 HOISINGTON KOEGLER ?69 P02 SEP lB? '94 89:41 RESOLUTION #93-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND DETERMINING THAT, BASED ON PUBLIC COMMENT TO AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), AN ENVIRONMENTAL IMPACT STATEMENT (EIS) IS NOT WARRANTED AND NO FURTHER STUDY IS REQUIRED FOR TIlE PELICAN POINT MULTI-FA_MII.Y RESIDENTIAL DEVELOPMENT WHEREAS, acting as the Responsible Governmental Unit in accordance with the Minnesota Environmental Quality Board's Environmental Review Program Rules, Minn. Rules, parts 4410.0200 to 4410.7800, an Environmental Assessment Worksheet (EAW) has been prepared and approved by the City of Mound and WHEREAS, through published notice, the City of Mound has solicited public comment on the contents of the EAW report and WtHgREAS, written, public comment has been received from a number of parties and the Mound City Council has reviewed and considered these comments and WHEREAS, the comments received raise minor environmental concerns about Pelican Point Multi-Family Development. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Based on comments to the EAW, the City Council has determined that an Environmental Impact Statement is not warranted for the project. Based on the comments, no further study is required to make a determination on the Environmental Assessment Worksheet. Environmental concerns raised by comments (described below as optional conditions to final plat approval) will be considered by the City. Council at the time of final plat approval. Revegetation of the storm drain~e ditch at the north end of the site shall be accomplished using primarily native species conducive to growth in this location. Instructions to this effect shall be included in the construction documents submitted to the City Engineer. Construction and maintenance of the site shall adhere to MPCA Best Management Practices. Constxuction documents submitted to the City Engineer shall reflect said BMPs. 612-835-3168 HOISINGTON KOEGLER ?6? P03 SEP 8? '94 89:42 Co do co The Developer shall modify Section 9.5 of the Declaration of Covenants to eliminate the provision allowing improvements to the island to accommodate picnicking. The Developer shall prepare and submit to the City Attorney a conservation easement which establishes the island in Outlot C as permanently protected from any alteration or improvement. The Developer shall submit to the City Engineer, along with construction documents a tree protection plan prepared by an urban forester or arborist. In addition, an urban forester or arborist shall supervise construction to insure the proper protection of vegetation. The Developer shall prepare and submit to the City Attorney a conservation easement which establishes bluff areas as defined by thc shoreland management ordinance as permanently protected from any alteration or improvement except the removal of dead or diseased vegetation. CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEA RING NO TICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 94-68 NOTICE OF A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF A STREET KNOWN AS BAYWOOD SHORES DRIVE NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, September 27, 1994 to consider a request to vacate a portion of Baywood Shores Drive (10 feet of th£~ outer edge of the cul-de-sac), legally described as follows: That part of the 60 foot radius circle for Baywood Shores Drive as shown and dedicated in the plat of Replat of Harrison Shores which lies outside the circumference of a 50 foot radius circle having the same center as said 60 foot circle, except that portion of said circle lying easterly of the easterly line of the 50 foot radius circle, and lying between the westerly extensions of the 50 foot right of way for Baywood Shores Drive. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, City Clerk Mailed to property owners within 350' by September 13, 1994. Posted by September 13, 1 994. Published in "The Laker" on September 12, 1994 .and September 19, 1994 (pre-published). printed on recycled paper McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors September 7, 1994 Mr. Edward J. Shukle, City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound, Minnesota Water Meter Read System Payment Request No. 3 MFRA #10622 Dear Ed: Enclosed is Schlumberger's Payment Request No. 3 for work completed through August 13, 1994, on the subject project. The amount of this payment request is $64,781.45. We have reviewed this request, find that it is in order and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact us. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:pry Enclosures ~3~ ~"5 An Equal Opportunity Employer 09/07/94 11: 39 '~205 83 97 SCHLUMBERGER IND ~ 002/002 . ~ ~,_, 0~0 0 ~ . · . 0~0 o~u c m o ~ McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 5544%4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors September 7, 1994 Mr. Edward J. Shukle, Jr., City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound, Minnesota Painting Evergreen Water Tower Final Payment Request MFRA #9832 Dear Ed: Enclosed is Odland Protective Coatings Final Payment Request in the amount of $6,102.50 for painting the Evergreen Water Tower. Because this work is fully completed, we do not recommend that any amount be retained. We have reviewed this project with your Public Works Superintendent and find that the work has been completed in general accordance with the plans and specifications. It is our recommendation that the Contractor be paid in full for this project. Very truly yours, McCOMBS F~NK ROOS ASSOCIATES, ~NC. ~' ~--~-:~.,;~ *~---- John Cameron JC:pry Enclosures 5 (~ ~ ~ An Equat Opportunity Employer I ,IA 0 000 O0 000 o o.o. lo' ~ ° o,o 2j~ 000 O0 O0 000 .00 000 O0 O0 O0 ,.-,i (3) ~ 0 r- 0 ~ 0o~~ 0 0 ~ E E Z o ~-,,, e e BILLS ............. SEPTEMBER 14, 1994 BATCH 4083 $500,582.11 BATCH 4084 113,848.37 TOTAL BILLS $614,430.48 I I I I U I I I I IIIIIII/ II IIIIIIIIII I ,11 I I I I I I I I ._Ir-', OLd I ~ *.--, D.: ._1'5'-'-3 g. Z Z I 32 Z Lu CL' ~J I <:Z Z a:3 I ,< ..J I I o I ,IA C~ (~ O~ I I I I I I I rr Z U g II III III I I I I C' Z 0 I I I j._ --.,, {3.._J n z __,~ Q,- n Li .J U ~,, Z J 4 I oo o ~ °° ~oo~ g~oo~ ~o~ o~ oo~o~ooo~ I z I 's- I I ,0 I I c::> c> ! I s- ! ! I ,-I*-1,-.4 Z Z 0 Z C~ . ~ o oo ggo_. o oo II ! III Z 4 '' J ......... 4 '*' ZZZI L£J Z Z gg ::3 U I I III Z ,< o Z ._1 u.J I EL._./ n,.' Z O' O' On., 0 ~.. '-) C 0,. ;Z = ..... j ....... j4 ............ g ....... W Il ,11 ZZ C 0 I ~Z L~: o o Z I ,ii IIIIII I I III I IIIIII I I III I Z ~-- Z Un" 0 Z Z Z Z CD, r.n I ...J ZZ g ..4' ZZ On... Z x Z d oo ~ o L~J - ~ I ! I ,? L~J 2 .'r',. I ,,,-,, ._j Z Z '3:'3 Z Z _J Z n,.,- Z "3 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 Len Harrell Monthly Report for August 1994 The police department responded to 1,264 calls for service during the month of August. There were 36 Part I offenses reported. Those offenses included 3 criminal sexual conducts, 10 burglaries, 22 larcenies, and 1 arson. There were 74 Part II offenses reported. Those offenses included 1 child abuse/neglect, 5 forgery/NSF checks, 2 narcotics, 14 damage to property, 4 liquor law violations, 7 DUI's, 2 simple assault 10 domestics (3 with assaults), 9 harassments, 4 juvenile status offenses and 16 other offenses. The patrol division issued 115 adult citations and 0 juvenile citations. Parking violations accounted for an additional 23 tickets. Warnings were issued to 46 individuals for a variety of violations. There were 2 adults and 3 juveniles arrested for felonies. adults and 10 juveniles arrested for misdemeanors. additional 12 warrant arrests. There were 25 There were an The department assisted in 6 vehicle accidents, 2 with injuries. There were 35 medical emergencies and 80 animal complaints. Mound assisted other agencies on 14 occasions in August and requested assistance 16 times. Fifty-three ordinance violations were inspected. Property valued at $27,030 was stolen in August. MOUND POLICE DEPARTMENT MONTHLY REPORT - AUGUST 1994 II. INVESTIGATIONS The investigators worked on 3 criminal sexual conducts cases and 5 child protection issues in August, accounting for 56 hours of investigative time. Other cases investigated included burglary, narcotics, theft, arson, assault, forgery/NSF checks, deprivation of parental rights, trespass, runaway, and harassing communication. Formal complaints were issued for assault, driving after cancellation, indecent conduct, criminal sexual conduct, worthless check, possession of drug paraphernalia, GM DWI, dog at large and minor consumption. III. Personnel/Staffin~ The department used approximately 84 hours of overtime during the month of August. Officers used 145 hours of comp-time, 288 hours of vacation, 197 hours of sick time, and 1 holiday. Officers earned 44 hours of comp- time. We are currently short three officers with Hudson and Ewald out sick and Sgt. Grand at SPI in Louisville. The investigators have been used to cover some patrol shifts and limit the overtime where possible. IV. Officer Huggett and Rambo attended K-9 trials in August. Sgt. Grand is attending the Southern Police Institute for 3 months. The reserves donated 103 hours during the month of August. POLICE MONTHLY REPORT - AUGUST 1994 PART I CRIMES o ~ o ~ o o o ~ ADULT. JUV- Homicide Criminal Sexual Conduct 3 2 2 Robbery Assault Burglary 10 1 1 3 Larceny 22 2 Vehicle Theft Arson 1 TOTAL 36 3 3 2 3 PART II CRIMES Child Abuse/Neglect Forgery/NSF Checks ~ 1 1 1 Criminal Damage to Property 14 2 Weapons Narcotic Laws 2 1 1 1 Liquor Laws 4 4 3 2 DWI 7 7 7 Simple Assault 2 1 1 Domestic Assault 3 3 3 Domestics (No Assault) 7 Harassment 9 1 1 1 Runaway/Incorrigibility/Truancy 4 4 7 Public Peace trespassing, 411 Other Offenses 16 $ 8 · tOTAL 74 1 ~ 28 25 10 PART IIL];&OP~dtT IV Property Damage Accidents 4 Personal Injury Accidents 2 Fatal Accidents 0 Medicals 35 Animal Complaints 80 Mutual Aid 14 Other General Investisations 713 TOTAL- ' 848 ,Honn.o.~'2-~hiidProtection 2 Inspections '~: .. ~'-.'~ 15 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT AUG~JST 1994 GENERAL ACTIVITY SUMMARY THIS MONTH Hazardous Citations 42 Non-Hazardous Citations =-'-' Hazardous Warnings 17 Non-Hazardous Warnings 14 Ve~ba i Warnings 54 Parking. Citations ~-_,c'c' DWI 7 Over . 10 5 Property Damage Accidents 4 Personal Injury Accidents 2 Fatal Accidents 0 Adult Felony Arrests 3 Adult Misdemeanor. Arrests '-'~ duvenile Felony Arrests :':: duvenile Misdemeanor Arrests 11 Part I O~enses 3/_-. Part II O~=fenses 74 Medicals --,~ Animmal C~mplaints 80 Ordinance Violations ~--, Other Public Contacts 713 YEAR TO DATE 446 35:--: 1 :B 8 247 518 229 57 46 74 22 21 263 66 231 516 204 766 373 6 ~ 51'.'.? LAST YEAR TO DATE 42:B 10'.-.? 1:33 'F~44 260 51 40 57 16 0 1 :--:0 31 52 2:BO 4/_-,3 260 67/_-, 159 TOTAL 1 ~ 264 Assists 3/_-, Fol low-Ups 78 Henn. County Chiid Protect ion 2 Mutual Aid Given 14 Mutual Aid Requested 16 11~129 374 353 :34 95 63 10~ 505 338 223 38 87 19 MOUND POLICE DEPARTMENT AUGUST 1994 CITATIONS DWI More than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on [iL Improper~ Expired~ or No Plates Stop Arm Violation 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 Mi~eiianeo~s Tmgs ADULT 7 5 0 4 1 0 0 0 0 1 0 1 0 23 0 3 0 1 0 138 dUV 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 MOUND POLICE DEPARTMENT MONTHLY REPORT AUGUST 1994 WARNINGS No Insurance Tra¥~ic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Warrants Misdemeanor Warrants ADULT 1 14 13 0 7 0 0 0 2 45 1 1 0 JUV 0 1 0 0 0 0 0 0 1 0 1 Run: 30-Aug-94 14:21 PRO03 MOUND POLICE DEPARTMENT Page 1 Primary ISN~s only: No Date Reported range: 07/26/9~ - 08/25/94 Activity codes: ALi Property Status: AlL Property Types: ALL Property Descs: Brands: ALl ModeLs: AlL Officers/Badges: Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Inc no ISN Pr Oesc SN Prop Date Rptd StoLen Date Stat StoLen VaLue Recov~d Recov~d Quantity Act 8rand ModeL Off-1 Off-2 VaLue Cede Assnd Assnd 6 Prop type TotaLs: B Prop type Totals: O Prop type TotaLs: E Prop type Totals: J Prop type Totals: 0 Prop type TotaLs: P Prop type TotaLs: R Prop type Totals: S Prop type TotaLs: T Prop type TotaLs: Y Prop type Totals: **** Report TotaLs: 300 2,824 385 90 16,878 50 5O 4,393 200 1,420 440 27,030 0 1.000 750 7.000 0 3.000 0 2.000 0 4.000 0 1.000 0 1.000 50 14.000 0 1.000 5 7.000 0 17.000 805 58.000 Run: 30-Aug-g4 13:44 Primary ISN~s on[y: No Date Reported range: 07/26/94 - 08/25/94 7ange each day: 00:00 - 23:59 HOW Receive<~: All Activity Resulte<J: All Dispositions: ALl Officers/Badges: AIl Grids: ALL Patrol Areas: AIl Days of the week: Ali MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 9012 OPEN BOTTLE 9014 STOP SIGN 38 1 1 1 1 23 4 22 29 7 12 2 2 4 1 1 1 1 1 9018 EQUIPMENT VIOLATION 9024 ILLEGAL/UNSAFE TURNS 9040 NO SEATBELT PARKING/ALL OTHER DAS/DAR/DAC 9210 PLATES/NO-IMPROPER-EXPIRED 9220 NO INSURANCE/PROOF OF 9312 FOUND ANIMALS/IMPOUNDS 9313 FOUND PROPERTY 9314 FOUND VEHICLES/IMPOUNDED 9430 PERSONAL INJURY ACCIDENTS 9450 PROPERTY DAMAGE ACCIDENTS 9500 RECREATIONAL VEHICLE ACC/OTHER 9561 DOG BITE 9562 CAT BITES 9564 DOG BARKING ANIHAL ENFORCEMENT TICKETS 9567 DANGEROUS DOG 9700 HEDICAL/SU Page 1 Run: 30-Aug-94 13:44 CFS08 Primary ISN's only: No Date Reported range: 07/26/94 - 08/25/94 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: Alt Officers/Badges: AL[ Grids: Ail Patrol Areas: All Days of the week: MOUND POLICE DEPARTMENT Enfors Calls For Service INCIOENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9710 MEDICAL/ASU 1 9720 MEDICAL/DOA 2 9730 MEDICALS 31 9800 ALL OTHER/UNCLASSIFIED 11 9801 DOMESTIC/NO ASSAULT 7 9802 PUBLIC ASSIST 1 ~900 ALL NCCP CASES 2 9904 OPEN DOOR/ALARMS 7 9920 INSPECTIONS DEPARTMENT 15 9921 INSPECTIONS CITATION 1 9930 HANDGUN APPLICATION 2 9931 HANDGUN DENIALS 1 9944 UNWANTED GUEST 1 9945 SUSPICIOUS PERSON 1 9950 INFO/INT 2 9980 WARRANTS 12 9990 MISC. VIOLATIONS 7 9992 MUTUAL AID/8100 5 9993 MUTUAL AIO/6500 8 9994 MUTUAL AIO/ ALL OTHER 1 A5351 ASLT 5-INFLICTS 'ATTEMPTS HRM-HANDS-ADLT-FAM 3 A5355 ASLT S-INFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ 2 Page Run: 30-Aug-94 13:44 CFS08 Primary ISN's on[y: No Reported range: 07/26/94 - 08/25/94 'ange each day: 00:00 - 23:59 How Received: All Activity Resulted: Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Carts For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS B1264 B1294 B3394 B3434 B3494 B3734 C3212 D8500 DCSO0 F4275 I3060 J2500 J2900 J2EO0 J3500 J3EO0 L1023 L1053 BURG 1-OTC RES NO FRC-N-UN NEAP-CON THEFT BURG 1-OCC RES NO FRC-U-UN NEAP-CON THEFT BURG 3-UNOCC RES FRC-U-UNK NEAP-CON THEFT BURG 3-UNOCC RES NO FRC-D-UNK NEAP-CON THEFT BURG 3-UNOCC RES NO FRC-U-UNK NEAP-CON THEFT BURG 3-UNOCC NRES FRC-D-UNK NEAP-CON THEFT BURG 3-UNOCC NRES NO FRC-U-UNK NEAP-CON THEFT FORGERY-MS-UTT POSSESS PLACE-CHECK-BUSINESS DRUGS-SMALL AMOUNT MARIJUANA-POSSESS[ON DRUGS-DRUG PARAPH-POSSESS-UNK-UNK ARSON 3-MS-UNINHB-NO NEA-OT STRU-$299 LESS CRIM AGNST FAM-MS-NEGLECT OF A CHILD TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR TRAFFIC-GM-OTHER TRAF-ACC-GN-AL 10 MORE-UNK INJ-UNK VEH TRAF-ACCID-NS-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEIl CSC 1-UNK ACT-PARENT-13-15-F CSC 1-UNK ACT-POS AUTH-13-15-F CSC 4-UNK ACT'AC~UAINT-UNDER 13-F JUVENILE-ALCOHOL OFFENDER LIQUOR - OTHER 1 1 2 1 1 1 2 1 1 1 1 2 1 1 4 143OO1 M4199 Page 3 Run: 30-Aug-94 13:44 CFS08 Primary ISN~s on[y: No Date Reported range: 07/26/94 - 08/25/94 Time range each day: 00:00 - 23:59 How Received: ALL Activity Resulted: ALI Dispositions: ALL Officers/Badges: Grids: Patrol Areas: AIL Days of the week: MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS M5313 JUVENILE-CURFEW 3 M5350 JUVENILE-RUNAWAY 1 M8199 CRUELTY TO ANIMALS-OTHER 1 N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 9 03602 OBSENITY-MS-INDECENT-EXPOSURE-TO ADULT 1 P2110 PROP DAMAGE-GM-PRIVATE-UNK INTENT 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 12 P3120 PROP DAMAGE-MS-PUBLIC-UNK INTENT 1 TC021 THEFT-501-2500-FE-BUILDING-MONEY 1 TC159 THEFT-501-2500-FE-MOTOR VEH-OTH PROP 2 TF159 THEFT-201-5OO-GM-MOTOR VEH-OTH PROP 1 TG059 THEFT-LESS 200-GM-YARDS-OTH PROP 2 TG151 THEFT-LESS 200-GM-MOTOR VEH-MONEY 1 TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP 9 U1062 THEFT-FE-BY SWINDLE OR TRICK-$2501-$19999 1 U1493 THEFT-FE-B[CYCLE-#O MOTOR-501-2500 1 U1497 THEFT-FE-BICYCLE-NO MOTOR-201-500 3 U~018 THEFT-MS-BY CHECK-200 OR LESS 2 U'5028 THEFT-MS-ISSUE UORTHLESS CHECK-200 OR LESS 1 U'5498 THEFT-MS-B[CYCLE-#O HOTOR-200 OR LESS 1 Y2230 CRIM AGNST GOVN-G#-ESCAPE TAX-HTR YE# 1 **** Report Tote[s: 375 Page 4 Run: ~O-~ug-9~ 13:56 OFF01 Primary ISN~s on[y: Date Reported range: 'ange each day: Dispositions: Activity codes: Officers/Badges: Grids: No 07/26/94 - 08/25/94 00:00 - 23:59 Att Att AIl Ali MOUND POLIC£ DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING A5351 A5355 B1264 B1294 B3394 B3434 B3494 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAH ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ BURG I-OCC RES NO FRC-N-UN NEAP-CON THEFT BURG 1-OCC RES NO FRC-U-UN NEAP-COH THEFT BURG 3-UNOCC RES FRC-U-UNK NEAP-CON THEFT BURG 3-UNOCC RES NO FRC-D-UNK NEAP-CON THEFT BURG 3-UNOCC RES NO FRC-U-UNK NEAP-CON THEFT BURG 3-UNOCC NRES FRC-D-UNK NEAP-CON THEFT BURG 3-UNOCC NRES NO FRC-U-UNK NEAP-CON THEFT C3212 FORGERY-MS-UTT POSSESS PLACE-CHECK-BUSINESS D8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION DC500 DRUGS-DRUG PARAPH-POSSESS~UNK-UNK F4275 ARSON 3-MS-UNINHB-NO NEA-OT STRU-$2~ LESS CRIM AGNST FAM-MS-NEGLECT OF A CHILD TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR TRAFFIC-GM-OTHER TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH CSC 1-UNK ACT-PARENT-13-15-F CSC 1-UNK ACT-POS AUTH-13-15-F CSC 4-UNK ACT-ACQUAINT-UNDER 13-F JUVENILE-ALCOHOL OFFENDER ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED L7071 M3001 I3060 J2500 J2900 J2EO0 J3500 J3EO0 L102] 100.0 50.0 0.0 0.0 50.0 0.0 0.0 100.0 0.0 0.0 100.0 0.0 0.0 0.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 0.0 100.0 Run: 30-Aug-94 13:56 OFF01 Primary ISN's on[y: No Date Reported range: 07/26/94 - 08/25/94 Time range each day: 00:00 - 23:59 Dispositions: ALL Activity codes: AIl Officers/Badges: AIl Grids: At[ MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL AOULT JUVENILE BY EX- PERCENT COOE DESCRIPTION REPORTED FOUNOED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED ~4199 M5313 M5350 M8199 N3190 LIQUOR - OTHER JUVENILE-CURFEW JUVENILE-RUNAWAY CRUELTY TO ANIMALS-OTHER DISTURB PEACE'MS-HARRASSING CO~tMUNICATIONS 03602 OBSENITY-MS-INDECENT-EXPOSURE-TO ADULT P2110 PROP DAMAGE-GM-PRIVATE-UNK INTENT P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT P3120 PROP DAMAGE-MS-PUBLIC-UNK INTENT TC021 THEFT-501-2500-FE-BUILDING-MONEY TC159 THEFT-501-2500-FE-MOTOR VEH-OTH PROP TF159 THEFT-201-5OO-GM-MOTOR VEH-OTH PROP TG059 THEFT-LESS 200-GM-YARDS-OTH PROP TG151 THEFT-LESS 200-GM-MOTOR VEH-MONEY TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP U1062 THEFT-FE-BY SWINDLE OR TRICK-$2501-$19999 U1493 TNEFT-FE-BICYCLE-NO MOTOR-501-2500 U1497 THEFT-FE-BICYCLE-NO MOTOR-201-500 U3018 THEFT-MS-BY CHECK-200 OR LESS U3028 THEFT-MS-ISSUE WORTHLESS CHECK-200 OR LESS tr5498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS Y2230 CRIM AGNST GOVN-GN-ESCAPE TRX-MTR VEH **** Report Tote[s: 2 0 2 0 2 0 0 2 100.0 3 0 3 0 0 3 0 3 100.0 1 0 1 0 0 1 0 1 100.0 1 0 1 I 0 0 0 0 0.0 9 0 9 7 1 0 1 2 22.2 I 0 1 0 I 0 0 1 100.0 1 0 1 I 0 0 0 0 0.0 11 0 11 9 0 0 2 2 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 9 0 9 8 0 0 I 1 11.1 1 0 I 0 0 0 1 1 100.0 1 0 1 1 0 0 0 0 0.0 3 0 3 2 0 0 1 1 33.3 2 1 1 1 0 0 0 0 0.0 I 0 1 I 0 0 0 0 0.0 1 0 1 1 0 0 0 0 I 0 I 0 I 0 0 1 100.0 95 I 94 55 7.3 ' 8 8 39 41.4 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: September 9, 1994 TO: FROM: City Manager, Members of the City Council and Staff Jon Sutherland, Building Official ~"=~-~E-? - SUBJECT: August 1994 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 38 building permits issued in August for a value of ~1,472,347. This continued the increase in construction activity in both categories of Residential and Commercial. Year- to-date value is 6,060,861. There were 40 plumbing, mechanical, and miscellaneous permits issued for a total of 78 permits issued this month, and 519 year-to-date. PLANNING & ZONING The Pelican Point platting process is continuing. An ordinance amendment regarding truck parking has been referred back to the Planning Commission, and the Shoreland Management Modifications were approved by the Council. The Council acted on 8 miscellaneous zoning cases this month. COMMUNITY SERVICE OFFICER (CSO) ACTIVITY Total CSO contacts for the month of August was 53, in addition to assisting the Building Official with rental complaints and other issues. JS:pj printed on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: AU~ST Year: xg~  I HI5 MONTH YEAR TO DATE ~ VALUATION SINGLE FAMILY DETACHED ~ 3 455,086 15 1 853,898 SINGLE FAMILY ATTACHED (CONDOS) ""--'----- ' TWO FAMILY / DUPLEX MULTIPLE FAMILY (S OR MORE UNITS) TRANSIENT HSG. (HOTELS / MOTELS) SUBTOTAL 3 3 455,086 15 1,853,898 COMMERCI_.._.~L (RETAIL/RESTAURANT) ~OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL 8ID ~T TIONS PERMITS VALUATION ADDITIONS TO PRINCIPAL BUILDING ~ ~ 15,952 30 508,171 ~DETACHED ACCESSORY BUILDINGS 4 27,180 13 120,43 i DECKS 6 17,682 36 130,018 SWIMMING POOLS '------- ... · I 10,000 REMODEL - MISC RESIDENTIAL 19 48,260 135 447,495 REMODEL. MULTIPLE DWELLINGS 4 325,936 SUBTOTAL ~ 31 109,074 219 1,542,051 ~'"uul I I~J~IAL TERA TIONB VALUATION ' VALUATION COMMERCIAL (RETAIL/RESTAURANT) 7 113,350 OFRCE / PROFESSIONAL I 10,000 1 10,000 INDUSTRIAL 1 10,459 6 147,986 PUBLIC / SCHOOLS I 887,728 3 2,393 576 DETACHED ACCESSORY BUILDINGS ' SUBTOTAL 3 908,187 17 2,664,912 RESIDENT L DWELLINGS ~ 1 7 NON-RESIDENTIAL BUILDINGS TOTAL DEMOLITIONS 6 1 I 13 # PERMITS ~ UNITS VALUATION -'--------'---- ~ VALUATION TOTAL ~ ~ ~ *264 6,060,861 · BUILDING 38 264 FENCES a RETAINING WALLS 5 37 SIGNS 1 6 PLUMBING 10 9 , .MECHANICAL 15 83 GRADING 1 S&W, STREET EXCAV., FIRE, ETC. 8 31 519 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 September 8, 1994 TO: CITY MANAGER FROM: CITY CLERK RE: AUGUST MONTHLY REPORT The City had 2 regular Council Meetings, in September. 15 resolutions were prepared. There was Agenda preparation for each meeting and items to clear up after each meeting. I was busy inputting all the budget information into the computer. We have been getting ready for the Primary Election which will be held on Tuesday, September 13, 1994. All the ballots arrived. The ballots all have to be checked and put in the appropriate boxes for the correct precincts. The memory packs have been programmed by Hennepin County and all pack have been tested to verify that the programs are correct. This testing requires that I make up test decks of ballots with every different voting scenario possible to check the machines and make sure they are counting accurately~. There will be two ballots during the Primary (one optical scan and one paper) because of 4th District County Judge race for Judge Rice's seat. The Supreme Court determined that one of the candidates who filed for that seat was not eligible to run. The ballots had already been printed with that person's name. Thus, we have a supplemental paper ballot for that office. This is dejavu from the 1992 Governor's race. I would be happy if this never happens again. As you may recall in 1992 parts of Precincts 2 & 6 were in the 2nd and 6th Congressional Districts. The courts rectified this and Mound is now completely in Congressional District 3. Letters were sent to all election judges to notify them of an instructional meeting that was held on September 1, 1994. Absentee ballots have been available since the 13th of August. We have had a number of people request those. There were the usual calls, questions and research done on specific items during the month. printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Parks With summer coming to an end and staff beginning to be deleted, we are starting to prepare for fall and winter. The buoys at the beaches have been removed, cleaned and stored. Half of the picnic tables and garbage cans have been removed from the parks and stacked, the remaining will stay in the parks until the end of September or beginning of October. Garbage pick-up has been reduced to once a week rather than twice, and will end the first pan of October. Mowing is still taking up most of the maintenance time. The wet weather, along with the intermittent hot days provides excellent growing conditions. We should see mowing time being reduced by mid- September, then we can move on to repair projects that are needed. Docks Rounds are still being done to every dock site and compliance to regulations are being enforced for dock repairs and boat registration. With the end of summer here, people are beginning to remove boats and preparing to store their docks. The Dock Inspector has looked into the questions on winter dock storage and will be prepared to discuss them at up-coming meetings. Trees Three trees were scheduled for removal from city property, along with two areas in need of only trimming. Cemetery Staff has been able to keep up with the addition of the grounds up-keep at the cemetery with the additional help. I have talked to Phil Haugen who has done the caretaker work for the past few years, and we will be looking at how he feels next year about resuming his position. JF:pj printed on recycled paper City of Mound Monthly Report Utilities 09/08/94 Utility- 94 Month of: August 1994 No. of Customers: Water Sewer Residential Commercial Total 1,105 120 1,225 1,107 120 1,227 Water Used: (in 1,000 gallons) 16,514 4,623 Billing: Water $23,738 $4,992 Sewer $43,037 $12,516 Recycle $3,301 $20 Total $70,076 $17,528 Payments: Water $28,502 $3,416 Sewer $51,226 $9,611 Recycle $3,565 $15 Total $83,293 $13,042 21,137 $28,730 $55,553 $3,321 $87,604 $31,918 $60,837 $3,58O $96,335 CITY OF MOUND 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-O600 FAX (612) 472-0620 September 8, 1994 To: From: SubJect: Ed Shukle City Manager Greg Skinner~ Public Works August Activity Report Street Department Allied started Sealcoating on August 2 and finished on August 4. We swept up the buckshot the week of August 22. After this I had the City Hall parking lot striped. We removed the fence around the parking lot at 2020 Commerce blvd. Some of this fence may be used by the Parks at their shop. We received the backhoe attachment for the skid steer loader. Water Department The meter project is still going. At this time they have 2200 meters installed. I have sent the final notice to district ~1 and part of district ~2 and the second notice has been sent to district ~3 and the remainder of district ~2. I spoke with Frank Becket from Schlumberger about having two installers work from 12:00 pm. to 8:00 pm. They will start this in September. Sewer Department We installed a driveway apron and road to the L.S. on Lynwood Blvd. As for the L.S. project nothing has been done this month. Rice Lake is waiting for the pumps to arrive. printed on recycled paper MOUND VOLUNTEER FIRE DEPARTMENT M0UND, MINNESOTA FOR MONTH OF A]]~T~T lqq~ FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 3/8 8/12 ~s H~S mms Ra~ 1 .T~FF AN'DER,qEN X X 2 19.00 2 62 6.00 ~79 2 c-?EG Awr~k'~goN X ~ 1 9,)0 0 52 6.00 3 ,Tk-~RY BARB X X 2 19.00 3 l'~ 6.00 78.00 4 PAIl[, RABB X X 2 19.00 2 48 6.00 5 DAVE-~ BOYD X X 2 19.00 4 29 6.00 17~ 6 SCOT~f BRYCE X X 2 19.00 1 ] 5 6.00 qo 7 DAVE CARLSON X X 2 19.00 ~ 29 6.00 1 7A 8 JIM CASEY X X 2 19.00 '1 42 6.00 9 STEVE COLLINS X (~ 1 9.50 ?, 27 6.00 10 BOB CRAWFORD X X 2 19.00 Z 37 6.00 11 RANDY ENG'~,~4ART X X 2 19.00 % 32 6.00 lg2.OO 12 STEVE ERICKSON X X 2 19.00 0 53 6.50 ~4.50 13 P~IL FIS~ ~(~ (~ 0 -0- 4 ~4 6.00 204.O0 14 ~AN O~Y X X 2 19.00 0 59 6.00 354.00 15 KEVIN GRADY X X 2 19.00 2 43 6.00 258.00 16 c~i~ m~mSON x ~ I 9.50 3 29 6.00 174.00 17 PAUL HENRY X X 2 19.00 1 20 6.00 L20.O0 18 ~ASON MAAS X X 2 19.00 3 5~ 6.00 330.00 19 .~Om~ NA~S X X 2 19.00 0 29 6.00 174.00 20 ~A~ZS NmSO~ X. X 2 19.00 2 ~4 6.00 204.00 X X 2 19.00 2 17 6.00 102.00 21 MARV N~,qON Y X 2 19.00 6 47 6.00 282. O0 22 BRET NICCUM X 2 19.00 4 37 6.00 222.00 23 GREG PAlM X X 2 19.00 2½ 42 6.00 252.00 24 MIKE PALM X X 2 19.00 0 28 6.00 168.00 25 TIM PALM 26 GREG PEDERSON X X 2 19.00 0 42 6.25 262.50 27 CHRIS POUNDER X X 2 19.00 2 44 6.00 28 TONY RASbfOSSEN X ~ 1 9.50 2 20 6.00 l?m 29 MIKE SAVAGE X X 2 ,19.00 7½ ~4 6.00 30 KEVIN SlPPRE~L X X 2 19.00 1½ 4~ 6.00 25? CD 31 RON STALLMAN X X 2 19.00 ~ 2~ 6.00 32 TOM SW]~IS01q X X 2 19.00 2 30 6.00 33 BRUCE SVOBODA X X 2 19.00 ~% 39 6.00 X X 2 ,19.00 0 46 6.00 276_ (~l ___ 34 ED VANECEK .. X X 2 19.00 17 41 6.00 246-~ 35 RICK WILLIAMS 36 TIM WILLIAMS X E~ 1 9.50 1 32 6.00 192_00 X X 2 19.00 2% 39 6.00 234. CD 37 DENNIS WOYTuKE ~ 3~ 67 90 77½ 167½ 536.50 95{ 1348 14af~S _i 8,125.00 167½ ]~g 636.50 95½ MA~ 1,167.00 /Ur_AL 9,929.50 MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT MONTE MON~ TO DATE TO DATE DNIM OF AUGUST 1994 O. OF CALLS 65 68 420 409 [OUND FIRE .16 18 9Z 80 E~RGEN~Y 25 24 l~ 160 [INNETONKA BEACH ,FIRE 3 2 20 8 m~Gm~ 0 O ) 2 ~INNETRISTA ,FIRE 2 2 11 16 ~RONO FIRE ,3 ~ 2,6 EM]~GEhK~Y 3 2 1 6 22 ;HOREWOOD FIRE O f} f} 4 R~ERGENCY 0 1 4 1 ;PRING PARK FIRE 5 4 27 l ~UTUAL AID '' yi~ O ] 4 ~~ O 0 1 1 ~OlA5 FIR~ CALLS ~9 37 178 149 ~OTAL EMERGENCY CALLS 36 t6 7~7 D~CI~ I ~ 6 6 ~E ~ / FI~ ~ 1 5 7 69 ~. OF H~ FI~ %16 61/, 2073 ~ ~n/, - MOUND ~~ 4~2 5] 4 3296 296g ~T, 7fi6 978 53fiq A77q FIRM &q q& 337 q2 - MTKA BEACH ~G~ ~ ~ l l ~ bq RA ~ ~ 1 AA FI~ 37 59 20) ~5 - M' TRISTA ~.~G~ 67 90 572 464 ~ 1~ 149 775 769 FI~ 65 92 551 - ORONO ~G~ 65 24 261 %16 ~ 1~ 116 812 858 Fi~ o o o 8o - SHOREWOOD ~G~ 0 18 73 26 ~ 0 18 73 106 ~I~ 2~ 67 567 392 - SP. PARK ~G~ 90 90 488 906 ~ 299 157 1055 1298 FmE 0 15 166 149 - ~ ~ ~Gm~ 0 0 27 30 T~ 0 15 193 179 tOTAL DRILL HOURS 167~ 175 1345 1~7% tOTAL FIRE HOURS 674 681 3947 32~ tOTAL EMERGENCY HOURS 674 736 4~74 ~ F~E & ~G~ ~S 1~8 1417 8621 81~7 ~UTUAL AID RECEIVED 1 0 ~ tUTUAD AID ~%VgN Q I 5 DRILL REPORT MOUND-FIRE-DEPARTMENT' ipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : Excused X Unexecused O Present / Not Paid I PERSONNEL %\J~--J.Andersen G.Anderson J.Babb \ P.Babb D.Boyd \ S. DBryce jCarlson Casey %Z~_S.Collins \ B iR'crawf°rd . .Engelhart ~.EricksonFisk L\I~ D.Grady K.Grady C.Henderson %]_~_%=P.Henry J.Maas J.Nafus J.Nelson M.Nelson B. Niccum ~ Z\I~ G.Palm /' _'. ~ ~%~M.Palm ( '7~ J ~\l~_C.Pounder __ T.Rasmussen .Savage .K.Sipprell R Stallman %7.~_B.Svoboda T.Swenson E.Vanecek R.Williams .Williams .Woytcke MOUND--FIRE--DEPARTMENT, DRILL REPORT Discipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : ~Excused X Unexecused 0 Present / Not Paid · ~cellaneous : ~\~ J.Andersen __G.Anderson J.Babb ~P.Sabb ~D.Boyd ~;~-S.Bryce ~%; ~_~ D.Carlson J.Casey S.Collins B.Crawford R.Engelhart Erickson Fisk PERSONNEL D.Grady .Grady .Henderson ~[~_P.Henry J.Maas J.Nafus ~--J.Nelson M.Nelson B.Niccum .Palm .Palm ~2'T'Palm n~ ~3~_~.Pederso .Pounder .Rasmussen ~M,Savage %~7._K.'Sipprell B-Stallman .Svoboda ~T.Swenson .~/~E.Vanecek ~_R.Williams ~_T.Williams ~l/_D.Woytcke DATE /¢¢',/ MOUND FIRE DEPARTMENT TOTAL MAINTENANCE FOR MONTH OF J. ANDERSEN G. ANDERSON J-,-BABB P. BABB D. BOYD / S. BRYCE 3 ~. CASEY S. COLLINS B. CRAWFORD R. ENGELHART S. ERICKSON P. FISK D. GR~DY K. GRADY C. HENDERSON /" P. HENRY J. ~L~AS J. NAFUS MEN ON DUTY ,,¢,.f 7/~L M. SAVAGE r. ~ ~. SWENSON O E. VANECEK /?' R. WILLIAMS / T. WILLIAMS ~ D. WOYTCKE J. NELSON M. NELSON B. NICCUM G. PALM M. PALM T. PALM G. PEDERSON C. POUNDER T. RASMUSSEN TOTAL MONTHLY HOURS CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 September 7, 1994 TO: MAYOR, CITY COUNCIL AND CITY MANAGER FROM: JOEL KRUMM, LIQUOR STORE MANAGER ~"/~ SUBJECT: AUGUST 1994, MONTHLY REPORT The month of August 1994 will come to be known as the month of the "Strike". First of all, we had the railroad workers strike. How does this affect us? There are a few products, not many, that I cannot get because they are sitting in places like Chicago for example. They are normally shipped by rail. Not a big deal so far, but if it continues for a substantial amount of time we will see a few more items out of stock. Second, there was and still is the major league baseball players strike, You can imagine how this cuts into our business. People like to watch the games on TV, and if it is a hot day a few "brewskies" are naturally in order. Third, and something which hits closer to home, was the strike by the drivers and warehouse personnel of East Side Beverage Company in St. Paul. They handle Miller products. Miller is the number one selling beer in Minnesota. They went on strike Monday, August 22nd. By the weekend we were pretty much out of most of their products. This didn't hurt us that much because even loyal Miller drinkers will buy some other type of beer. Fortunately, everything was settled by Sunday, August 28th and on Monday, the 29th, we received a full shipment. In lieu of all this we still had a decent month in regards to sales. For the month, gross sales were $134,537.61. That's an increase of almost 2.75% over August of 1993 when sales were $130,940. The yearly update report looks like this: gross sales to the end of August are $968,541. Last year at the end of August we were at $940,218. So, for the year we are $28,323 ahead of 1993. I am expecting a better than normal September and December and probably an average October and November. If this projection holds true, then we are exactly on course of doing $1,350,000 in net sales as I predicted back in January. JK:ls pr~nted on recycled paper 07-Sep-94 TO: FROM: RE: MAYOR, CiTY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR AUGUST FINANCE DEPARTMENT REPORT Investment activity Balance: August 1, 1994 Bought: Money Market 4M - Income Reinvested 264 Money Market SB - Income Reinvested 136 Money Market 1st B - Income Reinvested 818 CD First Bank 4.10 99,508 CP First Bank 4.74 348,101 CP Smith Barney 4.75 198,734 CP Smith Barney 4.80 119,544 Money Market Smith Barney 100,000 Money Market First Bank 600,000 Money Market 4M 50,000 Matured: Money Market 4M (160,000) Money Market Smith Barney (98,734) Money Market First Bank (348,101) CD First Bank 8.46 (95,000) CP Dain Bosworth 4.27 (103,750) CP Smith Barney 4.37 (99,505) CP First Bank 4.49 (298,808) CP First Bank 4.45 (248,769) CP Smith Barney 4.20 (374,694) CP Smith Barney 4.53 (293,193) Balance: AUgust 31, 1994 ~901,993 1995 Proposed Bud .qet and Proposed Levy I worked with the City Manager to finalize the proposed budget and the proposed levy for 1995. Fiscal Future Committee In August I attended the meetings of the Fiscal Futures Committee, which is one of the many committees organized by the League of Cities in preparation for the 1995 session of the Legislature. Presentations on School Taxes and Taxes in general were given. Analyses on Local Government Aids and HACA were reviewed. Now we are finalizing the positions that the committee will present for consideration for adoption as positions for lobbying at the 1995 Legislature in the ama of fiscal matters. I also attended the meetings of the Task force on Deposits and Investments. We are reviewing each Statute on Deposits and Investments with the goal of proposing changes to the 1995 legislature. BOARD MEMBERS William A. Johnstone Chair, Minnetonka Tom Penn Vice Chair, Tonka Bay Douglas E. Babcock Secretary, Spring Park Robert Rascop Treasurer, Shorewood Mike Bloom Minnetonka Beach Albert (Bert) Foster Deephaven James N. Grathwol Excelsior Ronald Kline Minnetrista Duane Markus Wayzata Craig Moiler Victoria Thomas W. Reese Mound Herb J. Suerth Woodland Joseph Zwak Greenwood Orono 60% Recycled Content 30°1o Post Consumer Waste LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEPHONE 612/473-7033 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR -. RECE 9 SE? 8 TO: MOUND CITY COUNCIL DATE: SEPTEMBER 7, t994 FROM: TOM REESE, LMCD REPRESENTATIVE SUB JECT: AUGUST REPORT - LMCD 1.0 Eurasion Wa~]r~Ofoil Task Force. 1.1 The Haz~s~rs a,~l az¢~ eqvip~nt ~ been puled off tb~ ]~0m and are being main~ m preparaMon for winter storage. 2.0 Lake M~ement 2.1 When I met witch the P~Y~ ~ Open Sp~e Co~s~n ~t ~n~ ~m ~ sonm m~mst m see~ ~ w~ p~nt. I ~ a~ ~se doc~n~ for ~m. ~ ~ ~ co~ ~e: ~ n~ber of ~ b~ on mp~enm~ ~e~ da~. ~e ~ ~s~ of ~- c~ed ~ ~ f~ be~ out ~t ~m ~ ~z ~ boa~ ~w s~ boa~ ~ e~r, ~h pom~ out do ~t ~cess~ ~e ~ boa~, at M~t ~t on ~e~. ~n~n~n ~t ~ c~mg = ~ ~j~, ~ ~ ab~ ~ c~ ~t ~ go out w~n ~y s~ ~ed co~i~. S~I c~ m boat n~ber O~ ~ ~ gm~ of be~d Pemo~ Wa~m~t n~bem, ~m zero ~ 1 ~4. ~r c~e ~ ~ s~ ~ ~ ~ n~r of ~m ~ ~r of co~ ~t ~ ~ ~w ~m b~ m~ ~ ~er c~.. 3.0 General It~]~ 3.1 The W~¢zata Lake Walk proposal remsms with the Water Sl~ctures Com3nitt~. The draft ozdinmuce second draft ~ be ret.'ie3red th~ month with the ch~-je~ st~ggested m place. ~.~ 1;~hael Thibauit, Gene Slrommen's ]~ght harcl person has left the LMCD for a new posilion with an eleclzonics f~rn in Deep]raven. Her last day w~ September 2nd. She. ~ be sore~? mi~ as this position has a ]oz~g ra~p t~p time to it, and requires special skills and attributes. My feeliag is t~t we should improve the. salary of th~ posil~On, or we '~uql alwa)~ be a ~ ground for ot~r o~an~alions, eager to hire persons who have proven themselves in this demanding ~nt. 3.3 The Mayors' meeting is scheduled for 7.~0AM September 30th at the ffices ...... depart fi-om ............ ' ........ LMCD o w~ ~w ~,-,, to U~ UUJJ~UJ. i~I. UJ~ 3.4 Tom ~e~, t~. To~ Bay rep~~ ~ re=i~m.~t from t~ LMCD, ci~ng ~b pressures, effec~ve at the end of the month. He has been the Vice Chair 4.0 Mon~ ~pccific l~cm~ 4. ! Th~ PeBr~a Poia~ proposal ~ ~ ~n off ~ ~e~a of ~ ~ q~n ~ by ~ DNR ~ ~ o~p of ~ ~. 4.2 ~ ~n~n ~ Pe~ ~a~ o~ off ~ ~h ~ ~ ~ e~ of Coo~ Bay, ~ ~ ~ d~ ~ G~ ~nt o~ ob~u ~ ~t s~, ~h ~m at ~ ~h pub~ ~ce~ ~ ~ opera~ ~m for ~ at a ~. ~ ~~ w~ of ~ w~h ~ ~ ~ e~o~ by ~~ ~. 4.3 ~ ~p~nt ~ ~ s~d P~Bayco~ d~k~ht~ ~~. ~ P~ ~op~ s~ be comp~n~d. It s~ ~ c~ ~ do~. 3 Att~chr~nts · Shoreline BoatCo~t · Active Bo~t Cotmt Dam 1984-92 · Active Boat Count Dam 1994 Z ~0 zU OJ >Z ~Z UZ vO ZU O~ Zo 7~ JO Weekend/Holiday Afternoon Aerial Boat Counts 2500 20O0 1500 E Z 5OO 0 1836 2142 2252 Average Maximum 1829 1306 · I- + { 1984 1985 1986 1987 1988 1989 1990 1991 1992 .(N=6) (N---5) (N=6) (N=11) Year RECEIVED SEP g Igg( LAKE MINNETONKA CONSERVATION DISTRICT Eurasian Water Milfoil Task Force Agenda 8:30 am, Friday, September 16, 1994 Norwest Bank Bldg. Conference Rm 135, Wayzata 1. Introductions, Chair Tom Penn 2. Review, accept/amend minutes of 7/15/94 as previously mailed; 3. Preliminary report cn 1994 Lake Minnetonka mil~oil harvest, Gene Strommen; 4. Corps of Engineers/MN DNR report on Garlon 3A (triclopyr) test treatment in Phelps and Carsons Bays on Lake Minnetonka, per letter from CoE, Kurt Getsinger and as supplemented by Chip Welling, MN DNR; o 8. 9. 10. 11. MN DNR progress report on: a. State-wide milfoil infestation experience, new infestation discoveries; b. Prevention of spread control efforts at infested lakes through MN Conservation Corps monitoring; (Supervisor Tom Hagle report invited) c. Milfoil road check update; d. Sonar test treatment updates on Zumbra, E. Parkers Lakes; e. Additional priorities; Zebra Mussel and Exotics Action Plan Subcommittee report per meeting o~ 9/14/94 (preceding this meeting); Weed puller evaluation postponement to 1995 season; Hennepin Parks update, John Barten; Lake association reports and MN Lakes Association update; Additional business; Next meeting, October 14; 8/30/94 RECEIVED 3 1 LAKE MINNETONKA CONSERVATION DISTRICT TO: FROM: SUB JEST: City Administrators Hennepin County Dept. of Environmental Management Suburban Hennepin Regional Parks Planning and Engineering Executive Director Gene Strommen~~ Procedure for Interaction Among Representatives Responsible for Public Access Ramps The LMCD board adopted the attached procedure August 24. This procedure is intended to guide the LMCD and DNR staff as they coordinate with city, county and agency staff regarding public access plans and developments. LMCD and DNR staff request that they be notified when plans or developments are initiated by outside persons or groups or by the city/agency itself. The DNR contact for this purpose is: Larry Killien, Regional Supervisor DNR Trails and Waterways 500 Lafayette Rd St. Paul, MN 55155 Phone 297-2911 LMCD and DNR staff will continue coordinating the Car/Trailer Parking Agreements with cities/agencies as started during the Lake Access Task Force study. We will appreciate your assistance in continuing the development of these agreements. Thank you for your cooperation. cc: LMCD member city mayors LMCD board members Larry Killien, DNR Trails & Waterways $ ?to LAKE MINNETONKA CONSERVATION DISTRICT Procedure for Interaction Among Representatives of DNR, LMCD and Cities/Agencies Responsible for Public Access Ramps The Lake Minnetonka Conservation District Board of Directors at its 8/24/94 regular board meeting adopted the following procedure for interaction among representatives of DNR, LMCD, cities and agencies responsible for public access ramps. The purpose of this procedure is to clarify how contacts and arrangements will be handled among agency/city staff and contractors in conjunction with appropriate elected public officials. THE PROCEDURE ADOPTED IS THE FOLLOWING: Staff members from the DNR, LMCD and city or agency involved in public access operation would initially meet to evaluate the particular access program under consideration, subject to the standards and procedures contained in the 1992 Lake Access Task Force report. Examples: > Implementation of a lake access car/trailer parking agreement for an existing access ramp. > Modification for improvement or change of an existing access ramp, which may or may not affect car/trailer parking. > Exploration of potential new sites for public access. As the above evaluations move from staff review to presentation in a public forum, such as a public committee, commission or council meeting involving elected officials, representation from the LMCD city board member, Lake Use and Recreation chair, LMCD board chair and other interested board members would be activated by LMCD staff. Recommendations as a result of the above review would be brought back to the L%ke Use and Recreation /committee for review and recommendation to the LMCD board. The LMCD committee and board would be available to participate in negotiations. Adopted 8/24/94 57// Thursday 8 Saturday 10 Wednesday 14 15 Friday 16 Monday 19 Wednesday 28 Friday 30 RECEIVED -ua 3 1 19 ( LAKE MINNETONKA CONSERVATION DISTRICT 900 E. Wayzata Blvd., Suite 160 Wayzata, Minnesota 55391 473-7033 LMCD MEETING SCHEDULE SEPTEMBER, 1994 Save the Lake Advisory Committee 5:00 pm, LMCD Office, Wayzata Public Hearing Suburban Hennepin Regional Park Launch Ramp 8:00 am, #135 Norwest Bank Bldg., Wayzata Water Structures Committee 8:15 am, #135 Norwest Bank Bldg., Wayzata Zebra Mussel/Exotics Action Plan Subcommittee 8:30 am, LMCD Office, Wayzata Nominating Committee for New Board Officers 4:30 pm, LMCD Office, Wayzata Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Bldg., Wayzata Public Hearing Cedar Point-Wayzata Bay Proposed Quiet Waters Area 5:30 pm, #135 Norwest Bank Bldg., Wayzata Lake Use & Recreation Committee 5:45 pm, #135 Norwest Bank Bldg., Wayzata Administrative Committee 6:30 pm, Tonka Bay City Hall, Tonka Bay LMCD Board of Directors Regular Meeting 7:30 pm, Tonka Bay City Hall, Tonka Bay LMCD Report to Mayors 7:30 am, #135 Norwest Bank Bldg., Wayzata RECEIVED 3 1 LAKE MINNETONKA CONSERVATION DISTRICT SPECIAL EVENT CALENDAR SEPTEMBER 1994 THU, lST SAT, 3RD SUN, 4TH MON, 5TH THU, 8TH FRI, 9TH SAT, 10TH SUN, llTH SAT, 17TH SUN, 18TH SAT, 24TH SUN, 25TH 6:15 PM 10:00 AM 10:30 AM 10:00 AM 10:30 AM 1:30 PM 10:00 AM 12:00 PM 7:00 AM 7:00 AM 7:00 AM 10:00 AM 2:00 PM 2:00 PM 10:00 AM 1:30 PM 10:00 AM 2:00 PM 2:00 PM 6:30 AM 10:00 AM 1:30 PM 10:00 AM 2:00 PM 2:00 PM 7:00 AM 10:00 AM 11:00 AM WYC sailboat Race, Main Lower Lake MYC sailboat Race, Burton Cup Course WYC sailboat Race, Burton Cup Course MYC sailboat Race, Burton Cup Course UMYC sailboat Race, East Upper Lake Area WYC sailboat Race, Main Lower Lake MYC sailboat Race, Main Lower Lake UMYC sailboat Race, East Upper Lake Area Don Shelby U. S. Invitational, Mtka Boat Works Don Shelby U. S. Invitational, Mtka Boat Works Don Shelby, U. S. Invitational, Mtka Boat Works WYC sailboat Race, Main Lower Lake MYC sailboat Race, Big Island UMYC sailboat Race, West Upper Lake Area WYC sailboat Race, Main Lower Lake WYC sailboat Race, Main Lower Lake WYC sailboat Race, Main Lower Lake MYC sailboat Race, Main Lower Lake UMYC sailboat Race, East Upper Lake Area Operation Bass, Inc. Redman Tournament MYC sailboat Race, Main Lower Lake WYC sailboat Race, Main Lower Lake WYC sailboat Race, Main Lower Lake MYC sailboat Race, Big Island UMYC sailboat Race, East Upper Lake Area Wednesday Evening Bassin', Mtka Boat Works WYC sailboat Race, Main Lower Lake SYC sailboat Race, Big Island 8/23/94 LAKE MINNETONKA CONSERVATION DISTi(ICT ORDINANCE NO. 13 0 AN ORDINANCE RELATING TO STORAGE OF WATERCRAFT ON LAKE MINNETONKA AND ADJACENT PROPERTIES; AMENDING LMCD CODE SECTION 1.02, SUBDIVISION 41; · ADDING SUBDiVISiONS 10 AND 11 TO SECTION 2.05 AND SUBDIVISION 55. a) TO SECTION 1.02; AMENDING SEC"~iON 2.045, SUBDIVISION 3. a), SECTION 1.02, SUBDIVISION 6), AND SECTION 2.05, SUBDIVISION 9. THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) ORDAINS that the LMCD Code of Ordinances, be amended as follows: Section 1. LMCD Code Section 1.02, Subd. 41. is amended as follows: Subd. 41. "Restricted Watercraft" means any boat or vessel for use on or stored on the public waters of the Lake except for bc, at$ ,,, · ..... ~ .... ~:~ n~ , ~ ~,~, ~- ~ ' unrestricted watercraft as defined in this section. Section 2. LMCD Code Section 1.02 is amended by adding new Subdivision 55. a) as )WS: Subd. 55. M "Unrestricted Watercraft" means any boat or vessel for use on or stored on the public waters of the Lake which is: a) 16 feet or less in length and unmotorized; or b) 16 feet or less in length and which uses a motor of lO horsepower or less; or c) 20 feet or less in length and unmotorized, and which is propelled solely by human power. Section 3. LMCD Code Section 2.05 is amended by adding new subdivisions 10 and 11 as follows: Subd. 10. Special Rule for Unrestricted Watercraft at Non-Commercial Docks. Unrestricted watercraft, as defined in Section 1.02, shall not be counted for purposes of determining compliance with density limitations of this section at non-commercial docks provided such unrestricted watercraft are not stored on the water of the lake or on a mechanical lift.. Subd. 11. Special Rule for Unrestricted Watercraft at Commercial Docks. Unrestricted watercraft, as defined in Section 1.02, shall not be counted for purposes of determining compliance with density limitations of this section at commercial docks provided: a) the watercraft are not stored in the water of the Lake or on a mechanical lift, and. thc Board finds that either: 1) the watercraft are used for public rental, are under the exclusive control of. the rental organization, and do not number more than one such uncounted watercraft for each 25 feet of' shoreline at the site (unless a greater number is required by the Board as a public amenity): or 2) the watercraft are used for educational purposes, are under the exclusive. control of the educational organization, and do not number more than one such 'uncounted watercraft for each 15 feet of shoreline at the site (unless a greater number is required by the Board as a public amenity). Section 4. LMCD Code Section 2.045, Subd. 3. a) is amended as follows: Subd. 3. a) "Off-Lake Storage Facilities" shall mean any dock, mooring area or launching ramp used by any club, business or association in conjunction with the storage of boatr, or _restricted. watercraft off the water of Lake Minnetonka. Section 5. LMCD Code Section 1.02, Sabd. 6. is amended as follows: Subd. 6. "Boat Storage Units" means a space or facility available for mooring, docking or storing a watercraft to be used on the Lake. Boat storage unit does not include. such a s ace or facilit located on land unless it is used in con'unction with a commercial dock. Section 6. LMCD Code Section 2.05, Subd. 9. is amended as follows: Subd.'9. Non-conforming Mooring Areas or Structures. Except as otherwise provided in this subdivision, this section shall not apply to mooring areas or structures which are licensed or lawfully in' existence on March 31, 1982. No change in the configuration of the mooring area or structure which results in an increase in slip size or Boat Storage Units may be made without first securing a license under this section. For ur oses of this subdivision the addition of unrestricted watercraft which are not counted for u oses of determm~n corn hance w~th dens~t hm~tauons ursuant to subdivisions 10 and 11 are not considered to be an increase in Boat Stora e Units. When acting on such a license application, the Board shall not limit its consideration to changes or additions to the facility, but shall consider the entire facility of the applicant. This enactment is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of' an ordinance. Adopted by the LMCD Board of Directors this 23 day of March Published April 14, 1994 William Johnstohe, Chair _, 1994. Douglas E. l~abcock, Secretary P. ECEIVEEI SEP 6 'LAKE NIINNETONKA CONSERVATION DISTRICT ORDINANCE NO. 121 AN ORDINANCE RELATING TO QUIET WATERS AREAS ON LAKE MINNETONKA; ADDING SUBDIVISIONS 14 AND 15 TO LMCD CODE SECTION 3.02 THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) ORDAINS that the LMCD Code of Ordinances, is amended as follows: LMCD Code Section 3.02 is amended by adding new subdivisions 14 and 15 as follows: Subd. 14. That part of the channel in the Lower Lake North lying northeast of Huntington Point and southeast of the Areola Bridge. Subd. 15. The channel south of Huntington Point between Lafayette Bay and the Lower Lake North. This ordinance is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the Lake Minnetonka Conservation District Board of Directors this 25th day of May, 1994. /s/ William Johnstone William Johnstone, Chair ATTEST: /s/Douglas E. Babcock Douglas E. Babcock, Secretary Published June 2, 1994 CLL69740 LKl10-13 RECEIVER § LAKE MINNETONKA CONSERVATION DISTRICT ORDINANCE NO. 132 AN ORDINANCE RELATING TO DOCKS USED IN CONJUNCTION WITH THE SALE OF FUEL; AMENDING LMCD SECTION 2.12, SUBDIVISION 12 AND 2.03, SUBDIVISION 11 THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) ORDAINS that the LMCD Code of Ordinances, is amended as follows: Section 1. LMCD Code Section 2.03, subdivision 11 is amended as follows: Subd. 11. Service Consoles and Shelters. The Board may authorize the construction and maintenance of service consoles or shelters as part of an annual multiple dock license under this section subject to the following limitations: a) the construction and maintenance of consoles or shelters may only be authorized for use in conjunction with the sale of fuel to the public; b) the size of thc service consoles may not exceed four and one-half feet in height, three feet in width and six feet in length, er such smmllcr dimcnsicnc m~ may ~' ~p~'"~r~-~ by +~'~ B""~' The size of-shelters may not exceed six feet in width, six feet in length and eight feet in height. The Board may further restrict dimensions of consoles or shelters for aesthetic o~~ safety reasonsl c) the size, configuration, design and location of service consoles and shelters may be specified by the Board. The Board -,will make its decision on the basis of considerations set forth in Subd. 3 of this section and on the applicant's demonstrated need for a service console or shelter for the storage of such items as fire and safety equipment, motor oil, and credit card machines. Shelters will be permitted only when necessary to shelter electronic equipment used in conjunction with the sale of fuel or oil; d) Upon application, the Board may authorize as a part of a service console, the construction of a canopy for protection from the elements of the console and personnel engaged in related sales of gasoline and motor oil. The size, configuration, design and location of such canopy may be specified by the Board; but in no case shall a canopy; 1) include an opaque vertical surface other than poles and rigging needed to support the canopy, or 2) have any horizontal dimension greater than 8 feet, or 3) have a greater horizontal surface area than 36 square feet, or CLL72488 LKl10-13 i -' 4) be used for advertising. e) No service consoles or shelters shall be used for the display or sale of any goods or merchandise other than fuel and oil. f) The location~ design, material~ and color of service consoles and associated canopies and of shelters are subject to approval as a part of thc, annual license required by this section. The color of such facility shall ba neutral and unobtrusive so as to blend into the surroundings. g) Consoles: shelters and associated facf!fties and equipment shall be eonstruct'ed in compliance with all applicable fire: safety and building codes. h) Advertising and lighting shall conform to all applicable codes. No sign shall use internal lighting. i) The Board may impose any additional conditions to construction and maintenance of consoles and shelters which it deems necessary or appropriate in the interests of the public health~ safety or welfare and protection of Lake Minnetonka. Conformance to approved design and any such additional conditions are conditions to the license issued under this section. Section 2. LMCD section 2.12, subdivision 12 is amended as follows: Subd. 12. Dock Dimensions. A dock may exceed six feet, excluding posts, in either its length or width, but not both+. In connection with issuance of a license under section 2.03: the Board may authorize the construction and maintenance of docks used in conjunction with the sale of fuel to the public of up to ten feet in width to the extent deemed necessary by the Board for safe and efficient fuel sales activities, provided, ..v" ......... .. ~. ~ , +~-~+...~. 4Docks which aro were in existence on June 30, 1982 and which are in compliance with all the provisions of the LMCD Code other than this section shall be allowed to continue in their present form without expansion or modification until such time as such docks are replaced or until 50% or more of any such dock is damaged or destroyed. This ordinance is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the LMCD Board this 27th day of July, 1994. William Johnstone, Chair ? ~ Published August 11, 1994 Douglas E. Ba.b~ock, Secretary CLL72488 LKl10-13 RECEIVEB 6 LAKE MINNETONKA CONSERVATION DISTRICT ORDINANCE NO. 1 3 3 AN ORDINANCE RELATING TO MARINE TOILETS; AMENDING LMCD CODE SECTION 3.04, SUBDIVISION 7 THE BOARD OF DIRECTORS OF THE LAKE MIIqNETONKA CONSERVATION DISTRICT (LMCD) ORDAINS that the LMCD Code of Ordinances, is amended as follows: Section 1. LMCD Code Section 3.04, subd. 7 is amended as follows: ...... ~, ........... r. ingcr 2pct..ting Subd. 7. Marine 'l'Olle~s. ~,v ~ ........... of +~ c+~+~ ~ "~ ..... +- M~ine toilets must ~n w~~~ i ment on the wa~ercra~~ um in usm e u . _ ~~ · = ~~ water o~ the including overflow drmns. No per Lake~ directly or indirectly~ from a watercraft, any treated or untreated sewage or other wastes, nor shall any eontEner of untreated ~ge or other wastes be placed, left, discharged, or caused to be placed, left or discharged in or near any waters of the Lake from a watercraft in such a manner quantity as to create a nuisance or health hazard or pollution of such waters~ by any person or persons at any time whether or not the owner~ operator~ ~est or occupant of a watercraft or other marine conveyance. Section 2. This ordinance shall be effective on the day following its publication. Adopted by the LMCD Board of Directors this 27 day of July , 1994. William Johnstone,l Chair ATTE~ ~- ~; Douglas E. Ba~.c~ock, Secretary Published August 11, 1994 CLL68612 3 LAKE MINNETONKA CONSERVATION DISTRICT August 31,. 1994 .. RECEIVED TO: FROM: SUBJECT: Commercial and Municipal Marinas and Multiple Dock Executive Director Gene Strommen Resolution No. 93 Re. Moratorium on Installation of New Dolphin Poles at Multiple Docks A Resolution to Place a Moratorium on the Installation of New Dolphin Poles at Multiple Docks was adopted by the Lake Minnetonka Conservation District board of directors on 8/24/94. Resolution No. 93 is being forwarded for your information and guidance as it relates to the use of poles to tie on watercraft moored in slips. Please note the fourth paragraph of the resolution which identifies dolphin poles as part of the dock structure. Dolphin poles will be addressed as part of the 1995 multiple dock license renewal applications. Thank you for your cooperation during this moratorium. LAKE MINNETONKA CONSERVATION DISTRICT RESOLUTION NO. 93 RESOLUTION TO PLACE A MORATORILTM ON THE INSTALLATION OF NEW DOLPHIN ~OLES AT MULTIPLE DOCKS WHEREAS, the Lake Minnetonka Conservation District Board of Directors has appointed a subcommittee to study an "envelope" concept for multiple docks; and WHEREAS, the "Envelope" concept subcommittee is looking at ways to allow changes to slip sizes within the envelope of a facility, as long as the total square footage of the slips does not increase; and WHEREAS, there is a question on how to measure existing slip sizes where there are dolphin poles placed beyond the end of the slip, allowing tie-on of a larger boat; and WHEREAS, dolphin poles are a part of the dock as defined by LMCD Code, Section 1.02, Subd. 15 and therefore are unlawful at multiple docks unless approved as a part of the ~ultiple dock license; NOW, THEREFORE, BE IT RESOLVED that the Lake Minnetonka Conservation District Board of Directors is declaring a one year moratorium on the installation of new dolphin poles at multiple dock facilities. During the period of this moratorium the Board will not approve installation of dolphin poles which have not been previously licensed. This moratorium shall be effective the day following its adoption. Adopted by the Lake Minnetonka Conservation District Board of Directors this 24th day of August, 1994. Attest: /s/ William A. Johnstone William A. Johnstone, Chair /s/ Euqene R. Strommen Eugene R. Strommen, Executive Director PROFWR!TE:DOLPHIN.RES RECEIVED 6 LAKE MINNETONKA CONSERVATION DISTRICT Saturday, September 10, 1994 Norwest Bank Bldg, 900 E Wayzata Blvd, Rm 135 (Elevator handicapped access, west entrance, Wayzata Blvd) 8:00 AM PUBLIC HEARING 1. Suburban Hennepin Regional Park District, New Launch Ramp Application for the Lake Minnetonka Regional Park, West Upper Lake, Minnetrista 8:15 AM WATER STRUCTURES COMMITTEE AGENDA 1. Suburban Hennepin Regional Park District, New Launch Ramp Application for the Lake Minnetonka Regional Park, West Upper Lake, Minnetrista pv~-muTtipl 2.--Boyer--Bui-l~ing--~or e dock ~cint Duvcl'cpmcn%7-M°un~r-Spz~ng~aTk-B~y'~-P'ub{-i~-He~ng-4%ep°r~- and Findings- ITEM WITHDRAWN AT REQUEST OF APPLICANT Wayzata Lakewalk; second draft of PUD ordinance as amended by committee, presented by Scott Richards, Northwest Associated Consultants, Inc. Baycliffe Homeowners Association, Minnetrista, South Upper Lake; New Dock License Application for minor change in dock configuration Ordinance amending sect. 2.07 Temporary Structures; review for second reading e Pending issues before the committee (not ready for action): A. Minnetonka Yacht Club, Deephaven, Carsons Bay; new multiple dock license application pending resolution of issue regarding shoreline ownership B. Minnetonka Boat Works, Wayzata, Wayzata Bay; new multiple dock license, special density license and dock length variance applications; Pending revised site plan with structures within 200' c. ,,Envelope" Subcommittee recommendations 7. Additional business Date: August 31, 1994 RECEIVED SE? 6 199% Mr. Steve Smith State Representative Minnesota House of Representatives 2710 Clare Lane Mound, Minnesota 55364 Re: Response to your letter dated August 18, 1994 addressed to Ellen Sones of the Minnehaha Creek Watershed District regarding my shoreline improvement project. Dear Mr. Smith, I am writing to respond to your letter dated August 18, 1994 addressed to Ms. Ellen Sones of the Minnehaha Creek Watershed District regarding the shoreline improvement project located on Three Points Boulevard in Mound, Minnesota. I am very concerned with the actions that some local residents have taken against me and I am very surprised that you as a State Representative not only support, but have participated in this group by organizing some of their actions. I have owned this property for over eight years and was very excited to make land improvements so I could use my land for its intended purpose. I believe the City of Mound is a great community in which to live. I decided to improve my property by placing rip rap on the shoreline, clearing and grubbing overgrown vegetation and removing trash and debris deposited by a few local residents. My plan was to clean up my property and sell at least one lot so I could proceed with building on another lot in the future. I was amazed at what occurred after word apparently got out that I was showing one of my lots to a minority couple. Several neighbors stopped by the property to ask "What are you going to do with this property?" and "Who are you going to sell these lots to?" This coincidence leaves me with questions about the motive of those who have been trying to stop my project. You and your small group of local residents took action to stop the development of my property. The result of your actions was very costly to me. Many of these actions were in violation of state and federal laws. My land had become a defacto nature preserve for some and a convenient dump for others. A local resident trespassed on my property and tried to stop my workers by claiming to be a DNR agent. The DNR is investigating this event because impersonating a DNR official is a felony. The same local resident trespassed and threatened.that "You will never live here and I will do what ever it takes to see that you can't develop your land" and that "You are messing with the wrong guy!" After being harassed by some neighbors I installed a temporary construction fence and posted permits and "PRIVATE PROPERTY - NO TRESPASSING" signs to protect local residents and my workers. All Permits and signs were stolen and my temporary fence was removed and thrown on my property. Other acts of vandalism included removing survey stakes, removal and damage to my silt fence, and the workers' vehicles and equipment was vandalized during construction. Another local resident "borrowed" rip rap from me and installed it on their property without permission from myself or the Minnehaha Creek Watershed District. This resident has failed to return the "borrowed" rip rap. . .-' Many trespassing violations occurred prior to my beginning this project. Over nine trees that I planted were cut down by local residents. One local resident adjacent to my property had just cut down a blue spruce pine tree that I planted seven years ago and she admitted that her husband cut this tree down. According to the DNR, this is a violation known as "timber theft ". Local residents stored fire wood and boat trailers on my property without permission. Local resident's docks encroach over my property line and will, have to be removed. One local resident constructed a raised timber garden near the lake on my property without my permission or a permit from the DNR. This garden contained about 120 square feet of black dirt. The resident removed his timbers, and I removed the black dirt during this project. It occurs to me that you and your group's holy crusade to stop my project under the guise of protecting ~e environment and their property fights becomes rather tarnished when these and other facts are examined. Particularly when one of the main benefits of the project is to prevent shoreline erosion and maintain water quality. Many of these violations have been reported to the DNR and the Mound Police Department and are under investigation. Here are the facts as I see them. The project was conducted and completed within all permit regulations. This project received a significant amount of attention resulting in several site meetings and site inspections involving the DNR, the Minnehaha Creek Watershed District and the City of Mound. Ellen Sones ( Minnehaha Creek Watershed District Administrator) and Jon Sutherland ( Mound Building Inspector) did a great job with the site inspections to assure that the work was being completed in accordance with all regulations. Contrary to your claim, I did not place, "on average, 8 feet of fill, out into the lake..." I did not place any fill in the lake and, therefore there is none to remove. The fill placed to stabilize the shoreline while work was conducted for safety reasons has been removed. Site restoration has been completed, and this project is finished. I have some questions for you. Do you, as a State Representative, represent only residents, or do you represent all tax paying property owners in your district? My father and I own homes in Minnesota, and we also have owned four lots in your District for over eight years. Are you interested in using your office as a tool to build consensus and seek resolutions to disputes or do you intend to use your office as leverage to address concems of the most vocal or politically advantageous group or your own self interest? I belie, de that you failed to do your job as'a State Representative because you should have i,stened to the concerns of all people before becoming involved and hurling accusations with only hearsay as evidence. Before becoming involved I expect that you would seek to understand both sides of a dispute. For your information, every dispute has at least two sides. And then once involved, your mission should center on seeking resolution and cooperation. I Sincerely, Timothy Becker Property Owner- District 34A CC: State Representative- Edina District Minnehaha Creek Watershed District Members Minnehaha Creek Watershed District Attorney Mound Mayor and Council Members Mound City Manager and Building Inspector Mound Chief of Police and' DNR Lieutenant Steve Smith. State Representative District 34A Hennepin and Wright Counties Minnesota House of Representatives COMMITTEES,' COMMERCE AND ECONOMIC DEVELOPMENT; HOUSING; INTERNATIONAl- TRADE AND TECHNOLOGY; JUDICIARY; JUDICIARY FINANCE DIVISION MINNI~HAHA O. mE. EI< August 18, i~9~EP, BHEO [~;~TF~ICT AU$ 2 3 Administrator RECE." Ms. Ellen*Sones, . Minnehaha Creek watershed District 14600 Minnetonka Blvd Minnetonka, MN 55345-1597 RE: Rip-rap on that portion of Harrison's Bay lying between Jones L~ne and Baywood Lane on property owned by Tim Becket. Dear Ms. Sones: Some' days ago I was informed by several of the local residents of Mound who own ou%lots on the above "lagoon that fillihg of the permit. During my telephone discussion with you, you told me that Mr. Becket was issued a permit by the Minnehaha Creek Watershed District to proceed only with laying down rip-rap on top of the old rip-rap but was not authorized to do anything else, specifically, Since I have friends and constituents who own outlots on this particular piece of water, I'Ve had occasion almost weekly to view Mr. Becket's shoreline for ~ears. After being informed by residents and seeing that Mr. Becket was dumping fill into the lake, I discussed the matter with you and I was assured that a stop work order had been issued and that Mr. Becket would be required to do the following: ,,remove all fill and put the shoreline back to its original earth lin=". Then, and only then, would Mr. Becket be allowed to proceed with rip-rapping pursuant to original permit. Last Friday, I telephoned you and you said that he had' removed "most of the fill" and that only .incidental fill" remained. And therefore the last thing to be done would be seeding, and then the matter would be "totally resolved." The same residents, after your phone call, informed me that the 2710 Cl,re Lane. MRu_nd, MInnasota 55384 State Office Building. St. Paul. Minnasota 55155 IR FAX (612) 296-3949 (§12) 472-7664 (612) 298-9188 matter was not resolved. That there is, on average, 8 feet of fill, out into the lake. remaining along the entire shoreline. ThaU in fact Mr. Seeker had removed none of the fall. I subsequently inspected the area and was surprised to see that, despite your assurance that the fill had been removed, in fact none 9f it has been removed. The shoreline has been dramatically changed. the water has been significantly diminished. been totally changed. The surface area of The earth line has I am aware that a survey was conducted in 1988 when a dredging was permitted. 'Certainly a survey can again be made and they can be compared ~nd it will be shown to your satisfaction and the members of the Minnehaha Creek Watershed District that your "assurance,, that the matter is "resolved,, is definitely not the case. This matter is not resolved and I want to know immediately what the District is going to do about it. Surely the residents, of Mound deserv~ more than this abuse by Mr. Becker with your permission. This goes beyond a deprivation of the rights of the owners of the outlots surrounding the above body of water, but it also directly adversely affects the environmental quality of the lake itself. At least that is my opinion. What i= not my opinion i~ that this matt~ has not been resolved and I expect and herewith demand that the governmental body that has issued Mr. Becket his permit to "rip-rap,, immediately see to it that the fill is removed, the earth line is restored, and the lake is restored to its original quality. Please advise your inten;ions. cc: Minnehaha Creek Watershed District members Minnehaha Creek Watershed District Attorney Lake Minnetonka Conservation Director and Members Mound Mayor and Councilmembers Mound City Manager and Building Inspector Area Residents MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION AUGUST 22, 1994 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Jerry Clapsaddle, Mark Hanus, Lisa Crum, and Ed Surko, City Council Representative Liz Jensen, Building Official Jon Sutherland, and Secretary Peggy James. Commissioner Bill Voss was absent and excused. The following people were also in attendance: Mark Morairty, Don Bonnicksen, and Michael Kohler. MINUTES The Planning Commission Minutes of August 8, 1994 were presented for approval. A correction was noted on Page 7, 7th paragraph, first paragraph after the second motion, should read that Hanus agreed with "Michael", not "Mueller'. MOTION made by Clapsaddle, seconded by Hanus to approve the Planning Commission Minutes of August 8, 1994 as amended. Motion carried unanimously. CASE #94-60: RANDALL MORAIRTY, 4536 DENBIGH ROAD, LOTS 5, 6 AND SOUTH 1/2 OF 4, BLOCK 2, AVALON, PID #19-117-23 24 0008. VARIANCE FOP, RECONSTRUCTION OF A PORTION OF THE DWELLING AND A DECK. The applicant is seeking an after-the-fact variance to recognize the existing nonconforming front yard setback of 4.72 feet, resulting in a variance of 15.28 feet, to re-construct portions of the dwelling. A 10' x 20' two story area at the rear was dilapidated, and it has seen removed and reframed. New roof trusses have been installed over 31 feet of the rear portion of the home. The applicant is also requesting approval to construct two decks within the bluff impact zone. The upper deck is proposed to be 6' x 20', and the lower deck is proposed to be 15' x 20'. Building permits have been issued for interior remodeling. Permits have not been issued for reconstruction of the exterior walls or the roof truss modification. The contractor has stated that during the remodeling process, after the removal of the interior wall surface, they discovered the extremely poor construction and condition of the exterior walls. The footprint has not changed, and during construction, vegetation on the steep slope has not been disturbed. The buildable footprint of this property is limited by the bluff and the required setbacks. Planning Commission Minutes August 22, 1994 The original dwelling was constructed in 1920. There appears to be a practical difficulty and hardship in this case in order to maintain reasonable use of the property. A variance of some sort is needed to maintain a functional and buildable lot. The setback requirements are partially established for aesthetic reasons, to prevent erosion and disturbance of the bluff. One option would have been to pull back the once dilapidated portion of the structure to the east side and not have an after-the-fact situation. However, due to typical construction techniques this would cause a greater disturbance to the bluff than the existing situation where everything remains intact. Any further expansion into the bluff by the deck should not be permitted. Staff recommended the Planning Commission recommend approval of the reconstruction as shown on the survey dated August 16, 1994. This is limited to the existing footprint and does not include the proposed deck expansion. The applicant, Randall Morairty, confirmed that on the upper level, when it was reconstructed, the joists were cantilevered out 4 feet to allow for a future deck. Originally, there was no door on the upper level. Contractor, Don Bonnicksen, reviewed the history of the project. Mueller suggested the deck be constructed to the east of the house. Crum commented that the appearance of the house has already improved, and she feels that the house would look better from the lake with decks, and that it would look odd without decks. She also commented on the dense vegetation and the fact that the house will be somewhat screened from the lake. Hanus was in favor of allowing some deck to extend the livability of the house. The small building footprint on the lot was noted. Clapsaddle noted that he is in favor of a deck, but is concerned about erosion. The applicant confirmed that no stairs are proposed from the upper deck. MOTION made by Clapsaddle, seconded by Hanus, to recommend approval of the variance, as recommended by staff, with the exception that decks be allowed as follows: Lower Deck: maximum 10' x 20' deck with not more than 3 piers. Upper Deck: project a maximum of 4 feet from the house, with the corners cut off at 45 degree angles. 2 Planning Commission Minutes August 22, 1994 Findings of fact are: - The appearance from the lake will be enhanced by the decks. The buildable footprint between the road and the top of the bluff is very shallow. Dense vegetation to the east of the house discourages construction of an addition or a deck in that location. Motion carried unanimously. This case will be heard by the City Council on August 23, 1994. CASE #94-61: MICHAEL M. KOHLER, 174~ AVOCET LANE, LOTS 15, 16, AND 17, BLOCK 9, DREAMWOOD, PID #13-117-2424 0007. VARIANCE FOR A DECK. The applicant is seeking a variance to recognize an existing nonconforming dwelling and deck in order to rebuild and slightly modify the deck. The proposed modifications are slightly nonconforming to the front yard setback. There is no further encroachment as the deck follows the existing footprint and setback. This request results in variances of 1.2 feet to the required 20 foot front yard setback and 3.4 feet to the required side yard setback. All other aspects are conforming to the zoning ordinance. The proposal is a logical expansion of the deck and the corner is cut back to minimize the impact to the nonconforming setback. Staff recommended the Planning Commission recommend approval of the request as the encroachment is minimal, it follows the existing footprint, and it is a reasonable use of the property. MOTION made by Mueller, seconded by Weiland, to recommend approval of the variance as recommended by staff, and approval be based on the modified survey submitted with the application. Motion carried unanimously. This case will be heard by the City Council on August 23, 1994. CITY COUNCIL REPRESENTATIVE'S REPORT Liz Jensen reviewed the City Council Minutes of August 9, 1994, and the agenda for the August 23, 1994 meeting. 3 Planning Commission Minutes August 22, 1994 ELECTION FOR VICE-CHAIR Clapsaddle nominated Michael Mueller for Vice Chair. Weiland seconded the nomination. Weiland moved to close the nominations. Clapsaddle seconded. Motion to close nominations carried unanimously. Commissioner Michael Mueller was elected Vice-Chair. MOTION made by Weiland, seconded by Crum, to adjourn the meeting at 8:40 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 4 ~ Metropolitan Council Advocating regional economic, societal and environmental issues and solutions REGIONAL BREAKFAST MEE TINGS F OR L 0 CAL OFFICIAL S IN HENNEPIN COUNTY Metropolitan Council Chair Dottie Rietow invites you to attend your choice of two regional breakfast meetings for local officials in Hennepin County. These meetings will provide an opportunity to talk about issues the Council is working on, and a time for you to express your ideas about the Council and your region's concerns. Chair Rietow will discuss the Council's new Regional Blueprint, as well as some of the metropolitan issues the Council thinks the legislature may address in 1995. Your input is an important component of the discussion regarding matters in Hennepin County. Please plan to attend one, or both, of the following meetings: NORTH HENNEPIN: SOUTH HENNEPIN: Monday, September 19 7:30 - 9:00 a.rn. Holiday Inn -- Plymouth 3000 Harbor Lane, at 1.494/Hwy 55 Cost: $4.65 Tuesday, September 27 7:30 - 9:00 a.m Hennepin County Government Center Dining Room, Lower Level Cos~' $3.90 Cost includes continental breaicfas~ tax and gratuity RSVP: To register, please call the Council's Executive offices at 291- 6554, by September 15. Meats Park Centre Recycled Paper 230 ~;ast Fifth Street St. Paul, Minnesota 55101-1634 612 291-6359 An Equal Opportunity Employer Fax 291-6550 TDD 291-0904 This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (1992). PI~i()i~T{) i~.1~ ~ ~, ,> ' - Hennepin County Forsberg, Judge District Court File No. 91-5671 Dakota Rail, Inc., Respondent, vs. Jeffrey R. Brauchle Diane L. Drays Oppenheimer, Wolff & Donnelly 3400 Plaza VII Building 45 South Seventh Street Minneapolis, MN 55402 City of Mound, Appellant. Allen D. Barnard Caryn S. Glover Best & Flanagan 4000 First Bank Place 601 Second Avenue South Minneapolis, MN 55402 Filed September 6, 1994 Office of Appellate Courts Considered and decided by .Davies, Presiding Judge, Lansing, Judge, and Forsberg, Judge. UNPUBLISHED OPINION FORSBERG, Judge Appellant challenges the district court's grant of summary jud97nent for respondent on a breach of contract claim. We affirm. FACTS In October 1990, appellant City of Mound (Mound) exercised a $235,000 option to purchase land from respondent Dakota Rail, Inc. When extensive negotiations among Dakota Rail, Mound, and the land's mortgagee Minnesota Department of Transportation (MnDOT), did not produce a release of MnDOT's mortgage, Dakota Rail declared the agreement null and void under its seventh paragraph. Mound rejected Dakota Rail's declaration. Dakota Rail sued Mound in a quiet title action. Mound counterclaimed for breach of contract. Mound later condemned land including that involved in the quiet title action. The condemnation commissioners awarded Dakota Rail $429,000. Mound appealed that award to district court. The same district court heard both the quiet title and condemnation actions. Both parties moved for summary judgment in the quiet title action. Mound alleged Dakota Rail was obliged to transfer marketable title under the agreement. In December 1993, the district court ruled that Dakota Rail did not breach the agreement and granted Dakota Rail's motion for summary judgment. Mound appeals from the summary judgment. On January 21, 1994, this court granted Mound's petition to stay the condemnation proceedings pending this appeal. DECISION On appeal from summary judgment, appellate courts view the evidence in the light most favorable to the party against whom summary judgment was'granted, and determine whether there is a genuine issue of material fact or whether the district court erred in applying the law. Offerdahl v. University of Minn. Hosps. and Clinics, 426 N.W.2d 425, 427 (Minn. 1988). Mound claims it is entitled to summary judgment on its breach of contract claim because Dakota Rail did not produce marketable title. Paragraphs 7 and 9 of the agreement address Dakota Rail's duties. Under paragraph 9, "[a]t closing, [Dakota Rail] shall deliver to [Mound] a quitclaim deed conveying title." Quitclaim deeds do not guarantee the condition of title. Brame v. Towne, 56 Minn. 126, 128, 57 N.W. 454, 455 (1894). Under paragraph 7: [Mound] shall have ten (10) days after receipt of the [title insurance commitment] within which to determine the marketability of title to the Property and to make reasonable objections ("Objection") thereto, if any, which Objection shall be made in writing. If the title to the Property is found to be unmarketable, [Dakota Rail] shall have thirty (30) days to cure the Objection. If the Objection is not so cured or waived by [Mound], then this Agreement shall be null and void and all earnest money shall be r~funded to [Mound] upon demand. Here, Mound objected to MnDOT's mortgage, Dakota Rail did not cure the objection, and Mound did not waive the objection. Thus, paragraph 7 rendered the agreement "null and void." Lucas v. Independent Sch. Dist. No. 284, 433 N.W.2d 94, 97 (Minn. 1988), states that "implicit in the requirement that the seller furnish an abstract of title is the representation that the abstract is proffered to demonstrate the marketability of the seller's title." Mound alleges t~hat Lucas, combined with paragraph 7's requirement that Dakota Rail provide a title insurance commitment~, entitles Mound to summary judgment because Dakota Rail did not produce marketable title. While such a ruling would be consistent with the result in Lucas, the relevant language in Lucas made the agreement null and void "at Purchaser's option." Id., 433 N.W.2d at 96. Here, however, the application of the "null and ~ Mound alleges that the title insurance commitment required by paragraph 7 is the functional equivalent to an abstract of title. Dakota Rail does not object to this assertion. void" clause is mandatory. To adopt Mound's argument would be to rewrite the parties' agreement, improperly ignoring the mandatory nature of the "null and void" clause. See Cherqosk¥ v. Crosstown Bell, Inc., 463 N.W.2d 522, 526 (Minn. 1990) ("[b]ecause of the presumption that the parties intended the language used to have effect, [courts] attempt to avoid an interpretation of the contract that would render a provision meaningless"). In a case involving a similar "null and void" clause, the supreme court ruled that the vendors were liable for breach of contract where they did not preserve their ability to tender marketable title and created a title defect after entering the purchase agreement. SDace Center, Inc. v. 451 CorD., 298 N.W.2d 443, 450 (Minn. 1980). While Mound claims Space Center applies here, the case is distinguishable. Here, MnDOT's mortgage predated the parties' agreement, and Mound knew about MnDOT's mortgage before entering the agreement. Dakota Rail's letter of October 12, 1990 states that Mound's title objections "will be clea~ed at the closing." While this letter might have addressed Dakota Rail's duty to produce "marketable title," it did not address the consequences of Dakota Rail's failure to do so. Also, the parties did not follow the procedure set out in their agreement for altering the agreement or waiving rights thereunder. Thus, the "null and void" clause, which addressed Dakota Rail's failure to produce marketable title, remained in effect after Mound received Dakota Rail's letter and rendered the agreement "null and void" when Dakota Rail did not provide marketable title. The parties disagree on the effect the instant appeal will have on the stayed condemnation proceeding. We decline to address this issue for several reasons, including the parties' inability to agree whether the land involved in the two proceedings is identical. Kucera v. Kucera, 275 Minn. 252, 254, 146 N.W.2d 181, 183 (1966) (" [i]t is not within the province of [appellate courts] to determine issues of fact on appeal"). Affirmed. RECEIVED LAKE MINNETONKA CONSERVATION DISTRICT Monday, September 19, 1994 Norwest Bank Bldg, 900 E. Wayzata Blvd., Rm 135 (Elevator handicapped access, west entrance, Wayzata Blvd) 5:30 PM, PUBLIC HEARING Wayzata Bay, Cedar Point marked channel, proposal to establish a Quiet Waters Area, 5 mph speed limit, on Lake Minnetonka in the channel north of Cedar Point. 5:45 PM, LAKE USE AND RECREATION COMMITTEE MEETING AGENDA · 1. Evaluation of public hearing testimony and findings of the 5:30 pm public hearinq for consideration of establishing a Quiet Waters Area, 5 mph speed limit, on Lake Minnetonka in the channel north of Cedar Point, Wayzata Bay, with findings and recommendations to the board; 2. Draft ordinance amending Sect. 3.07 Watercraft for Hire, adding Coast Guard Safety Standards in new subdivisions 5 through 9, to consider recommending to the board approval of the second reading; 3. Draft Ordinance amending Sect. 3.09 Special Events, changing the licensing authority for special events to the Sheriff, and providing the Sheriff with criteria which may be considered in determining whether or not a special event license should be granted, to consider recommending approval to the board of the second reading; 4. INFORMATIONAL -- MN DNR proposal to change requirements for personal flotation devices (PFD's or life preservers) to meet the Cost Guard rule chaning federal requirements for lifesaving devices, comment being called for by Friday, September 16 -- committee/board members in support of .or having a concern for this change are asked to. call the executive director ~ 10:00 am,. Friday, September 16. 5. Hennepin County Sheriff's Water Patrol significant activity report; 6. Special events -- $100 deposit refunds: A. Antique & Classic Boat Parade, 8/14/94 B. Minnetonka Challenge 5 Mile Swim, 8/6/94 Team & Individual C. Limited Bass Predator Classic , Events, 7/9, 8/14 and 8/27-28/94 7. Additional Business