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1994-10-25 ~rovides at a needs of all: citizens AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, OCTOBER 25, 1994, 7:30 P.M. CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE OCTOBER 11, 1994, REGULAR MEETING AND THE OCTOBER 18, 1994, COMMITTEE OF THE WHOLE MEETING. PUBLIC HEARINGS: A. CBD ASSESSMENT B. UNPAID MOWING CHARGE C. DELINQUENT UTILITY BILLS (THESE RESOLUTIONS WILL BE HANDED OUT TUESDAY EVENING) CASE_ //94-71: PATRICIA OSMONSON, 4784 WILSHIRE BLVD. & 2745 TYRONE LANE, LOTS 10-16, BLOCK 28, SETON, PID #19]'117-23 23 0101 & 0102. REQUEST: MINOR SUBDIVISION. REQUEST FOR MINOR REVISION TO FINAL PLAT FOR PELICAN POINT, BOYER DEVELOPMENT CORP., RE: RIGHT-OF-WAY. REQUEST FOR PUBLIC GATHERING PERMIT, N.W. TONKA LIONS AT MOUND BAY PARK - SLED DOG RACE (WINTERFEST), JANUARY 13, 14 & 15, 1995. APPROVAL OF PAYMENT REQUEST NO. 4, SCHLUMBERGER INDUSTRIES IN THE AMOUNT OF $106,378.15. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. PG. 4043-4050 PG. 4051-4065 PG. 4066-4068 PG. 4069-4070 PG. 4071 4040 10. 11. 12. 13. 10. DISCUS.__~SION: CSAH 110 (COMMERCE BLVD.,) AND THREE POINTS BLVD. - TRAFFIC SIGNAL WARRANTS. PG. 4072-4075 BID AWARD: CBD SNOWPLOWING BIDS - 1994-95. PG. 4076-4077 BID AWARD: RECYCLING CONTRACT 1995-1997. PG. 4078-4079 CANCELLATION OF DECEMBER 27, 1994, CITY COUNCIL MEETING. PAYMENT OF BILLS. PG. 4080-4100 INFORMATION/MISCELLANEOUS: Financial Report for September 1994 as prepared by Gino Businaro, Finance Director. PG. 4101-4102 B. LMCD mailings. PG. 4103 Park & Open Space Commission Minutes of October 10, 1994. PG. 4104-4106 Do Planning Commission Minutes of September 10, 1994. PG. 4107-4112 Letter from St. Olaf's Catholic Church, Minneapolis, RE: special meeting to discuss the growing disparity between the cities and the suburbs. Meeting is November 3, 1994, 7:00 - 9:30 P.M. at St. Olaf's. PG. 4113 Changes to proposed 1995 Legislative Policies and Priorities - AMM. PG. 4114-4115 G. REMINDERS: Tree Lighting Ceremony, Tuesday, November 8, 1994, 6:30 P.M. AMM Annual Policy Adoption Meeting, Thursday, November 3, 1994, Royal Cliff Conference Center, Eagan, 5:30-9:00 P.M. City Council Meeting - Rescheduled from November 8 to November 9 due to General Election. Veteran's Day Holiday, Friday, November 11, 1994, City Offices closed. COW Meeting - Tuesday, November 15, 1994, 7:30 P.M. 4041 Economic Development Commission Minutes of September 15, 1994. LMC Policy Adoption Meeting, Friday, November 18, 1994, Best Western N.W. Inn, Brooklyn Park - 8:30 A.M. - 3:00 P.M. Budget Hearing - Tuesday, November 29, 1994, 7:30 P.M. NLC Conference, December 1-4, 1994, Minneapolis Convention Center. Continued Budget Heating (if necessary), Tuesday, December 6, 1994, 7:30 P.M. Annual Christmas Party, Friday, December 9, 1994, American Legion. PG. 4116-4117 4042 MINUTES - MOUND CITY COUNCIL - OCTOBER 11, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 11, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Ken Smith. Councilmember Phyllis Jessen was absent and excused. Also present were: City Manager Edward J. Shulde, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Planners Mark Koegler and Bruce Chamberlain, City Engineer John Cameron and the following interested citizens: Alex Bussey, Brian Cathers, Dana McVay, Becky McVay, Andy Shulde, Tom Cathers, Stacy Cathers, Sue & Steve Cathers, Mark Locken, Jackie Locken, Sarah Locken, Tony Locken, Mark & Meaghan Bussey, Tom Reese, John Boyer, John Blumentritt, Judd Broyer, Ron Johnson, Trude Turnquist, and Everett Junge. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 PRESENTATION TO BRIAN CATHERS Sergeant John McKinley stated that because of eleven year old Brian Cather's quick thinking and calm response, a catastrophe was avoided when seven year old Tony Locken fell from a tree and became impaled four feet off the ground on a post. The City Council commended Brian Cathers and presented him with a Certificate of Recognition. 1.1 INTRODUCTION OF NEW POLICE OFFICER Sergeant John McKinley introduced the newest Police Officer, Sam Nelson. 1.2 MINUTES MOTION made by Smith, seconded by Jensen to approve the Minutes of the September 27, 1994, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.3 PUBLIC HEARING: TO CONSIDER MODIFICATIONS TO THE ZONING ORDINANCE, SECTION 350:645, RELATING TO THE RECENT CHANGES IN THE SHORELAND MANAGEMENT ORDINANCE Mark Koegler, City Planner, explained that when minor changes were made in the Shoreland Management Ordinance there was a change in impervious cover. Impervious cover restrictions are also found in Section 350:645 of the Zoning Code and this provisions needs to be modified for consistency with the Shoreland Management Ordinance (Section 350:1225, Subd. 6 (B) 1. Current language reads as follows: Subd. 1. Lot Coverage. Impervious surface coverage of lots shall not exceed 30 percent of the lot area. Open patterned decks and stairways shall be counted as 50 percent impervious cover providing that they are installed over a permeable surface. Those constructed over an impermeable surface or are impermeable themselves shall be counted as 100 percent impervious cover. The above would be omitted and replaced with the following: Subd. 1. LOt Coverage. 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 to up to a maximum of 40 percent consistent with the provisions identified in Section 350:1225, Subd. 6 (B) 1. Ahrens moved and Smith seconded the following: ORDINANCE//71-1994 AN ORDINANCE AMENDING SECTION 350:646, SUBD. 1, RELATING TO CONSISTENCY WITH THE SHORELAND PROVISIONS IN SECTION 350:1225, SUBD. 6 (B) 1 The vote was unanimously in favor. Motion carried. 1.4 CASE//94- : APPROVAL OF FINAL PLAT FOR PELICAN POINT, BOYER DEVELOPMENT CORP. City Planner, Bruce Chamberlain, reviewed his report and recommendations, dated October 5, 1994. Alan Kretman, from RLK Associates representativing Boyer Building Corp., spoke about study on the two wetlands and stated that a professional wetland consultant has investigated the site and prepared a report which will be submitted to the Minnehaha Creek Watershed District for the review. John Blumentritt, representative of Boyer Building Corp., spoke about the boat dockage issue with the LMCD. He presented 5 different plans for the 40 docks they are requesting. He stated this was done for the LMCD as options. The Council stated they would continue to support the Developer in his request for 40 docks off the mainland. The Council asked that the City Attorney and the Developer take some time tonight and redo parts of the final plat resolution to include some of the options for the dockage so that the LMCD has a clear picture of what is being approved. The Council moved on to the next item on the Agenda and will return to this item later in the meeting. COMMENTS & SUGGEgTIONS FROM CITIZENS PRESENT. There were none. 1.5 RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 IN THE AMOUNT OF $11,633.00. The City Manager explained that there are sufficient funds to cover the principal and interest due in 1995 so this levy can be cancelled. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-137 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 IN THE AMOUNT OF $11,633.00 The vote was unanimously in favor. Motion carried. 1.6 RESOLUTION APPOINTING ADDITIONAL EI.ECTION JUDGE~. Smith moved and Johnson seconded the following resolution: RESOLUTION//94-138 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES AS RECOMMENDED FOR THE GENERAL ELECTION, NOVEMBER 8, 1994 The vote was unanimously in favor. Motion carried. 1.7 PAYMENT OF BILLS MOTION made by Jensen, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $67,180.27, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS, A. Department Head Monthly Reports for September 1994. B. L.M.C.D. Representative's Monthly Report for September 1994. C. LMCD mailings. Do LMCD - Ordinance Relating to Shoreline Requirements and Calculations of Boat Storage Density on Lake Minnetonka. E. Final Report of the 1992 Lake Minnetonka Lake Access Task Force - LMCD. Fe REMINDER: Committee of the Whole Meeting, Tuesday, October 18, 1994, 7:30 P.M. 1.4 CASE //94- : APPROVAL OF FINAL PLAT FOR PELICAN POINT, BOYER DEVELOPMENT CORP. The City Attorney and returned and presented the amendments to the final plat resolution for Pelican Point. The NOW, THEREFORE, BE IT RESOLVED portion of the resolution will now read as follows: A. Final plat approval is hereby granted for Pelican Point Multi-Family Residential Subdivision under PDA requirements, as requested by Boyer Building Corporation subject to compliance with all of the conditions found in the City Engineer's report dated August 18, 1994, set forth and incorporated herein as part of the document, all the conditions of the preliminary plat approval (Resolution t/94-78) set forth and incorporated herein as part of the document and the following conditions; The Developer shall secure all applicable permits as defined by the City Engineer from all entities with jurisdiction over this project. Permits for docks shall be obtained from the DNR and LMCD for the construction of 40 docks to serve the development. The City strongly favors Plan "A" which has been presented to this City Council and which results in the construction of 40 dock slips off the mainland, a copy of which is attached hereto and made a part of this resolution. It is understood that dock density is being used from that part of Outlot C which is called, "the island", to complete the 40 dock slips. In the event the DNR or the LMCD do not approve Plan "A", the Council approves Plan "B", a copy of which is attached. This would result in 28 docks being constructed off the mainland and would allow the construction of 12 dock slips off the most northerly part of that part of Outlot C, referred to as "the island". In either event, a Conservation Easement shall be prepared and dedicated to the public which keeps that part of Outlot C, which is referred to as "the island", in a natural state and will prevent all construction of any structures on that part of Outlot C, called "the island", except the limited area necessary to access the 12 dock slips if Plan B is necessary. The Council is approving 40 dock slips and strongly requests the DNR and the LMCD to approve Plan A. The applicant has argued that the land would allow 57 dock sites off the mainland and the island and the Council is not precluding an application for more than 40 dock sites if Plan A or Plan B are not approved by the DNR and the LMCD. Park dedication fees shall be collected in the amount of $124,000 prior to filing of the final plat. o No construction activity shall occur on the site until all applicable provisional or final permits have been issued by the Minnehaha Creek Watershed District and other applicable agencies. Il ~1, October 11, 1994 e 10. 11. 12. The Developer shall provide the City Attorney with Homeowner's Documents and Declaration of Covenants for his review and approval. The Developer shall also provide the City Attorney with information necessary to conduct a title search and make a clear title opinion, all prior to filing of the final plat with blennepln County. Lot 8, Block 2 on the final plat shall reflect a modification to the utility easement as defined by the City Engineer. 13. Prior to any work on the site, the Developer shall sign a development contract furnished by the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within a specified period of time and shall require compliance with all City Codes not modified by this resolution. As part of the development contract, the Developer shall furnish the City with a performance bond, an irrevocable letter of credit, or other form of security approved by the City Attorney in the amount of 125 % of the cost of all applicable public improvements necessary to be completed prior to filing the final plat. The Developer shall also provide the necessary escrow funds required in Section 330:30 of the City Code. The Declaration of Covenants shall be amended to include a description of bluff area limitations as stated in the Mound Shoreland Management Ordinance. The Covenants shall also include a map showing designated bluff areas. The plat shall be filed with Hennepin County within 240 days of the City Council approving the final plat (October 11, 1994). Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Fire Chief and Building Official. 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. 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. October 11, 1994 BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the City of Mound Code of Ordinances. Smith moved and Ahrens seconded the following resolution: RESOLUTION g94-13~ RESOLUTION GRANTING FINAL PLAT APPROVAL FOR PELICAN POINT MULTI-FAMILY RESIDENTIAL DEVELOPMENT UNDER PLANNED DEVELOPMENT AREA (PDA) REQUIREMENTS The vote was unanimously in favor. Motion carried. MOTION made by Smith, seconded by Ahrens to adjourn at 9:05 P.M. was unanimously in favor. Motion carried. The vote Edward J. Shukle, Jr., City Manager Attest: City Clerk MINUTES - COMMITTEE OF THE WHOLE - OCTOBER 18, 1994 The meeting was called to order at 7:30 PM. Members present: Mayor Johnson, Councilmembers Ken Smith, Liz Jensen, Phyllis Jessen, Andrea Ahrens. Absent: none. Also present: City Manager Ed Shukle. An ordinance amending Section 350:760. Subd. 4 of the City Code relating to truck parking in residential areas was discussed. The City Manager explained that this item had been on the August 23, 1994 regular City Council meeting agenda and was sent to the Committee of the Whole for further discussion to clarify the direction that the City Council was to give to the Planning Commission. The Council consensus was to have the Planning Commission review the photos that had been submitted as part of the packet material for August 23rd, giving the examples of the different types of truck vehicles, and to run through those and determine which types of vehicles were acceptable. Discussion also focused on garaging of commercial vehicles in residential areas, looking at no more than one vehicle per property. Councilmember Jensen was directed to bring this matter to the Planning Commission for further discussion. Guidelines for allowing plantings on commons/public lands were briefly discussed. Direction to Councilmember Ahrens to take to the Park and Open Space Commission was that the commission ought to take into account all of the commons areas and that the word "shall" really means "must". Guidelines would mean "should" which softens these standards into guidelines. Ed Shukle, City Manager, reported on the Westonka Community Center Task Force. The purpose of the task force, as defined by the Westonka School District Board of Education is: "...shall be to determine the best use of the Westonka Community Center and the wisest expenditure of funds to provide for the required code upgrades, necessary maintenance and desired building modifications to meet school district and community needs." He informed the Council that the task force would be meeting between now and January 9, 1995 to come up with recommendations to the school board on whether the present facility be retained and upgraded according to the direction of voters on the 1993 referendum, demolish the building and build a new community center or modify the existing building to accommodate programs and activities along with the facilities being brought up to proper code as defined by the Uniform Building Code and the State Fire Marshal. The City Manager wanted to inform the City Council of the task force and its purpose and to solicit any input from the City Council as to their thoughts and ideas on this matter. The City Council suggested that the cities of Spring Park and Minnetonka Beach be invited to sit on the committee as well. There was some interest by the Council in eliminating the pods that exist within the community center facility presently, and also to consider demolishing the building. The City Manager will keep the Council informed as to the task force's work. Goal Setting was discussed and briefly reviewed. Minutes - Committee of the Who~e - October 18, 1994- Page 2 The old SuperAmerica update was given by the City Manager. He indicated that he was told by Norwest Bank, Wayzata, that plans were to sell the facility to a local resident who is interested in purchasing the property for a commercial purpose. The City Manager reported that he was told that the property would close within the next 30 to 45 days. He also explained to the City Council that he had informed Norwest Bank, Wayzata, that if this particular sale did not come about, that the City of Mound may be interested in purchasing the property. The City Manager also reported on the speed reduction that was issued by the Minnesota Department of Transportation for County Road 110 between 350 feet north of Three Points Blvd. and County Road 151. Authorizes a speed limit of 45 miles per hour between 350 feet north of Three Points Blvd. and Eastview Avenue, which is a reduction from the present 45 mile per hour speed limit. The authorization of 45 miles per hour between Eastview Avenue and County Road 151 represents no change in the existing speed limit. The City Manager also reported that traffic signal warrants have been met at the intersection of Commerce Blvd. (County Road 110) and Three Points Blvd. He explained that a traffic signal estimated cost is $80,000. Hennepin County's policy is now to only pay 25%, with the remainder of 75% being paid for by the City. The City Council asked that this item be placed on the October 25, 1994 regular meeting agenda for direction by the Council. The City Manager explained that any construction of a traffic signal in this area would not take place until at least 1996, since Hennepin County has not budgeted for it in 1995, but would consider it in 1996. A list of reminders was reviewed by the Manager and the City Council. Also discussed was whether the City Council should have a City Council meeting on Tuesday, December 27, 1994. The consensus was to cancel it. Other business included a report from the City Manager that the Minneapolis Star Tribune Home Section will be doing a spotlight on the City of Mound in the October 22, 1994 issue. Other discussion focused on domestic shelters and whether the city planner has discussed this matter any further with the Planning Commission. The City Manager will follow up on this. Also discussed was Teal Pointe and its status. The City Manager will follow up on this matter item as well. There being no other business, it was noted that the next meeting of the COW is scheduled for Tuesday, November 15, 1994 at 7:30 pm at Mound City Hall. Upon motion by Smith, seconded by Jensen and carried unanimously, the meeting adiourned at 10 PM. ctfully submitted, Ed Shukle City Manager ES:Is I ~ II October 25, 1994 RESOLUTION NO. 94- RESOLUTION ADOPTING 1994 CBD PARKING MAINTENANCE ASSESSMENT ROLL IN THE AMOUNT OF $11,384.94 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY//13228 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following improvements, to-wit: 1994 CBD PARKING MAINTENANCE FROM JULY 1, 1993 TO JUNE 30, 1994 IN THE AMOUNT OF $11,384.94. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments as follows: INT. LEVY # IMPROVEMENT RATE YEARS 13228 1994 CBD PARKING MAINTENANCE 8% Payment in full with no interest charges may be made within thirty (30) days (November 29, 1994) from the date the City Council adopts the assessment roll. Payments should be made to the City Treasurer at the Mound City Hall. Partial prepayment of the assessment has been authorized by ordinance (Section 370). If you wish to make a partial payment, the payment must be in $100.00 increments. If the total assessment is under $300.00, no partial payment will be accepted. If payment is made after thirty (30) days (November 29, 1994), interest will be charged to December 31, 1994. ge October 25, 1994 If the assessment is not paid on or before November 29, 1994 the amount will be spread over the assessment period (1 year). That payment will include interest for fourteen (14) months (November through December of 1994, and all of 1995). Payments will become due with your real estate taxes. All payments thereafter shall be in accordance with the provisions of M.S. 429.061, Subd. 3. The rate of interest to be accrued if the assessment is not prepaid within the required time period is eight percent (8%). The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. NNNNNNNNNNNNNNNNNNNNNNNN October 25, 1994 RESOLUTION NO. 94- RESOLUTION ADOPTING DELINQUENT WATER & SEWER ASSESSMENT ROLL IN THE AMOUNT OF $39,526.47 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST ~ LEVY//13229 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following improvements, to-wit: DELINQUENT WATER AND SEWER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments as follows: PID// IMPROVEMENT INT. AMOUNT YEARS RATE LEVY 12-117-24 43 0038 13-117-24 21 0092 13-117-24 12 0123 13-117-24 12 0052 13-117-24 12 0220 13-117-24 12 0119 13-117-24 12 0103 13-117-24 11 0131 13-117-24 11 0056 13-117-24 14 0040 13-117-24 12 0106 13-117-24 11 0076 13-117-24 11 0139 18-117-23 23 0004 18-117-23 23 0012 13-117-24 11 0122 13-117-24 11 0102 Del. Sewer & Water 153.62 1 8% 13229 Del. Sewer & Water 338.47 1 8% 13229 Del. Sewer & Water 156.99 1 8% 13229 Del. Sewer & Water 318.72 1 8% 13229 Del. Sewer & Water 226.60 1 8% 13229 Del. Sewer & Water 237.44 1 8% 13229 Del. Sewer & Water 216.11 1 8% 13229 Del. Sewer & Water 126.80 1 8% 13229 Del. Sewer & Water 142.60 1 8% 13229 Del. Sewer & Water 296.39 1 8% 13229 Del. Sewer & Water 228.04 1 8% 13229 Del. Sewer & Water 161.74 1 8% 13229 Del. Sewer & Water 408.85 1 8% 13229 Del. Sewer & Water 446.73 1 8% 13229 Del. Sewer & Water 279.83 1 8 % 13229 Del. Sewer & Water 262.96 1 8% 13229 Del. Sewer & Water 217.74 1 8% 13229 13-117-24 11 0039 13-117-24 11 0053 13-117-24 22 0246 14-117-24 42 O110 14-117-24 41 0025 14-117-24 42 0095 14-117-24 42 0016 14-117-24 42 0028 14-117-24 42 0041 14-117-24 31 0058 14-117-24 31 0031 14-117-24 34 0041 14-117-24 44 0007 14-117-24 44 0031 14-117-24 42 0002 14-117-24 42 0043 14-117-24 32 0054 13-117-24 32 0056 13-117-24 32 0016 13-117-24 32 0108 13-117-24 32 0107 13-117-24 32 O115 13-117-24 32 0155 13-117-24 32 0152 13-117-24 32 0153 13-117-24 31 0052 13 - ! 17-24 310040 13-117-24 43 0068 13-117-24 43 0121 13-117-24 43 0052 13-117-24 43 0060 13-117-24 43 0090 13-117-24 41 0042 13-117-24 41 0011 13-117-24 42 0014 13-117-24 43 O118 13 - 117-24 42 0022 13 - 117-24 44 0090 18-117-23 33 0027 18-117-23 33 0026 13-117-24 43 0038 24-117-24 12 0046 23-117-24 41 0018 23-117-24 44 0008 Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Sewer & Water 145.08 Water 219.82 Water 233.77 Water 158.80 Water 394.86 Water 273.45 Water 484.21 Water 291.64 Water 330.53 Water 191.64 Water 508.28 Water 324.27 Water 200.75 Water 277.75 Water 252.50 Water 344.48 Water 336.26 Water 265.91 Water 220.70 Water 353.83 Water 409.56 Water 262.50 Water 203.44 Water 549.93 Water 261.56 Water 136.22 Water 117.02 Water 305.42 Water 130.91 Water 89.15 Water 194.05 Water 653.93 Water 308.35 Water 172.30 Water 205.68 Water 144.74 Water 127.56 Water 206.96 Water 254.29 Water 164.28 Water 133.91 Water 106.13 Water 132.88 Water 359.39 October 25, 1994 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 23-117-24 23-117-24 23-117-24 23-117-24 23-117-24 23-117-24 23-117-24 23-117-24 23-117-24 23-117-24 23-117-24 23-11%24 23-117-24 23-117-24 23-117-24 23-117-24 22-117-24 14-117~24 23-117-24 23-117-24 24-11%24 13-117-24 24-117-24 19-117-23 19-117-23 19-117-23 24-117-24 24-11%24 24-117-24 19-117-23 19-117-23 19-117-23 19-117-23 19-117-23 24-117-24 24-117-24 24-117-24 24-117-24 19-117-23 19-117-23 19-117-23 19-117-23 19-117-23 19-117-23 43 0004 42 0073 41 0020 42 0018 42 0020 42 0045 43 0008 42 0044 34 0090 34 0101 23 0012 34 0066 34 0065 23 0095 23 0056 32 0043 44 0018 31 0050 11 0026 14 0047 21 0006 43 0022 12 0020 23 0082 31 0125 31 003O 41 0064 14 0044 13 0032 24 0024 24 0008 24 0053 31 0004 31 0017 41 0042 41 0095 41 0098 41 0148 31 0093 32 0101 31 0062 32 0076 32 0077 32 0086 Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Del. Sewer & Water 142.60 Sewer & Water 632.10 Sewer & Water 258.52 Sewer & Water 219.89 Sewer & Water 375.93 Sewer & Water 137.42 Sewer & Water 319.89 Sewer & Water 145.77 Sewer & Water 283.91 Sewer & Water 152.05 Sewer & Water 277.36 Sewer & Water 414.42 Sewer & Water 162.83 Sewer & Water 458.63 Sewer & Water 304.93 Sewer & Water 256.01 Sewer & Water 245.65 Sewer & Water 183.79 Sewer & Water 212.42 Sewer & Water 156.86 Sewer & Water 267.96 Sewer & Water 270.49 Sewer & Water 305.37 Sewer & Water 342.97 Sewer & Water 189.68 Sewer & Water 262.29 Sewer & Water 174.84 Sewer & Water 239.82 Sewer & Water 331.34 Sewer & Water 268.32 Sewer & Water 192.81 Sewer & Water 258.61 Sewer & Water 211.09 Sewer & Water 220.24 Sewer & Water 205.79 Sewer & Water 228.75 Sewer & Water 246.71 Sewer & Water 307.94 Sewer & Water 424.87 Sewer & Water 506.13 Sewer & Water 185.72 Sewer & Water 283.21 Sewer & Water 312.77 Sewer & Water 345.44 October 26, 1993 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 8% 13229 October 26, 1993 19-117-23 32 0110 24-117-24 41 0162 19-117-23 34 0064 25-117-24 11 0133 25-117-24 ll 0068 25-117-24 11 0125 24-117-24 44 0021 19-117-23 33 0220 19-117-23 33 0184 19-117-23 33 0129 24-117-24 44 0081 24-117-24 44 0038 24-117-24 44 0050 24-117-24 44 0061 24-117-24 44 0062 24-117-24 44 0182 24-117-24 44 0146 25-117-24 11 0014 24-117-24 41 0022 24-117-24 41 0102 24-117-24 42 0016 24-117-24 42 0007 24-117-24 43 0015 25-117-24 12 O112 25-117-24 21 0025 25-117-24 11 0152 25-117-24 12 0102 30-117-23 22 0036 25-117-24 12 0219 25-117-24 11 0023 30-117-23 21 0007 30-117-23 22 0049 25-117-24 11 0028 25-117-24 11 0115 25-117-24 21 0012 25-117-24 12 0134 25-117-24 21 0142 25-117-24 21 0078 25-117-24 21 0077 25-117-24 21 0080 13-117-24 44 0051 13-117-24 33 0024 13-117-24 33 0076 13-117-24 33 0014 Del. Sewer & Water 194.91 Del. Sewer & Water 305.25 Del. Sewer & Water 624.07 Del. Sewer & Water 246.66 Del. Sewer & Water 196.59 Del. Sewer & Water 300.06 Del. Sewer & Water 296.52 Del. Sewer & Water 474.06 Del. Sewer & Water 351.85 Del. Sewer & Water 372.98 Del. Sewer & Water 258.72 Del. Sewer & Water 300.43 Del. Sewer & Water 182.09 Del. Sewer & Water 493.86 Del. Sewer & Water 218.28 Del. Sewer & Water 192.38 Del. Sewer & Water 259.48 Del. Sewer & Water 136.91 Del. Sewer & Water 208.95 Del. Sewer & Water 219.76 Del. Sewer & Water 293.89 Del. Sewer & Water 231.71 Del. Sewer & Water 285.16 Del. Sewer & Water 275.29 Del. Sewer & Water 159.32 Del. Sewer & Water 98.26 Del. Sewer & Water 209.23 Del. Sewer & Water 211.02 Del. Sewer & Water 249.79 Del. Sewer & Water 266.28 Del. Sewer & Water 297.95 Del. Sewer & Water 516.60 Del. Sewer & Water 231.14 Del. Sewer & Water 367.69 Del. Sewer & Water 443.47 Del. Sewer & Water 251.42 Del. Sewer & Water 85.41 Del. Sewer & Water 179.17 Del. Sewer & Water 211.13 Del. Sewer & Water 201.11 Del. Sewer & Water 199.92 Del. Sewer & Water 186.53 Del. Sewer & Water 543.04 Del. Sewer & Water 115.67 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 8% 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 13229 October 26, 1993 Payment in full with no interest charges may be made within thirty (30) days (November 29, 1994) from the date the City Council adopts the assessment roll. Payments should be made to the City Treasurer at the Mound City Hall. Partial prepayment of the assessment has been authorized by ordinance (Section 370). If you wish to make a partial payment, the payment must be in $100.00 increments. If the total assessment is under $300.00, no partial payment will be accepted. If payment is made after thirty (30) days (November 29, 1994), interest will be charged to December 31, 1994. If the assessment is not paid on or before November 29, 1994 the amount will be spread over the assessment period (1 year). That payment will include interest for fourteen (14) months (November through December of 1994, and all of 1995). Payments will become due with your real estate taxes. All payments thereafter shall be in accordance with the provisions of M.S. 429.061, Subd. 3. The rate of interest to be accrued if the assessment is not prepaid within the required time period is eight percent (8%). The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. illlJllJJl~...--..J,,~, ~, , I~, I ~1 J i Il ' ::r-'JctZ - 3 t5 October 25, 1994 RESOLUTION NO. 9~ RESOLUTION ADOPTING UNPAID MOWING ASSESSMENT ROLL IN THE AMOUNT OF $65.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY//13230 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following improvements, to-wit: UNPAID MOWING CHARGES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: 1. Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments as follows: PID// IMPROVEMENT AMOUNT 13-117-24 12 0176 UNPAID MOWING CHARGES $65.00 INT. YEARS RATE LEVY 1 8% 13230 Payment in full with no interest charges may be made within thirty (30) days (November 29, 1994) from the date the City Council adopts the assessment roll. Payments should be made to the City Treasurer at the Mound City Hail. Partial prepayment of the assessment has been authorized by ordinance (Section 370). If you wish to make a partial payment, the payment must be in $100.00 increments. If the total assessment is under $300.00, no partial payment will be accepted. If payment is made after thirty (30) days (November 29, 1994), interest will be charged to December 31, 1994. o o October 12, 1993 If the assessment is not paid on or before November 29, 1994 the amount will be spread over the assessment period (1 year). That payment will include interest for fourteen (14) months (November through December of 1994, and ail of 1995). Payments will become due with your real estate taxes. All payments thereafter shall be in accordance with the provisions of M.S. 429.061, Subd. 3. The rate of interest to be accrued if the assessment is not prepaid within the required time period is eight percent (8%). The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR 4784 WILSHIRE BLVD. AND 2745 TYRONE LANE, LOTS 10 - 16, BLOCK 28, SETON, PID #19-117-24 23 0101 & 0102 P&Z CASE #94-71 / WHEREAS, the owner of 4784 Wilshire Blvd., Pat Osmonson, has submitted a request for a Minor SubdivisiOn in the menner required by the Mound CiW Code, Section 320 and Minnesota State S~atute, Chapter 462, and all proc~dings heve been duly c~nducted.thereu~der~"~and; WHEREAS, property i~ located w~th~n the R-2 One and Two Family Residential Zoning District which according to City Code requires for two family dwellings (duplexes) a minimum lot area of 14,000 square feet, a 20 foot front yard setback, 10 foot side yard setbacks for non-lots of record, and a 15 foot rear yard setback, and; WHEREAS, the proposed Parcel A has a lot area of 12,804 square feet, resulting in a lot area variance of 1,196, and the proposed Parcel B has a lot area of 10,257, resulting in a lot area variance of 3,743 square feet, and; WHEREAS, the following variances to setbacks also need to be recognized: Parcel A (2745 Tyrone Lane) Duplex: Side Yard Setback 6.3' Required 10' Variance 2.7' Garage: S. Side Setback 3.3' Required 4' Variance .7' Parcel B (4784 Wilshire Blvd.) Duplex: N. Side Setback 4.2' Required 6' Garage: N. Side Setback 2.1' Required 4' Variance 1.8' Variance 1.9' WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with conditions NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby approve the minor subdivision establishing Parcels A and B from Lots 10 - 16, Block 28, Seton, as shown on the attached Exhibit A, subj CtTo'"t i. Proposed Resolution Case//94-71, Osmonson Subd. Page 2 of 2 The Minor Subdivision is approved according to the following proposed legal descriptions and according to attached Exhibit A: Parcel A (2745 Tyrone Lane): Lots 10 and 16; That part of Lots 11 and 15 lying north of the south 13,00 feet of said lots; And the east half of that part of Devon Road originally dedicated on the recorded plat of "SETON" and now vacated which lies between the westerly extension of the north line of said Lot 16 and the southerly line of Lot 14, Block 28; All in Block 28, "SETON," according tot he recorded plat thereof, Parcel 2 (4784 Wilshire Blvd.): Lots 12, 13 and 14; And the south 13.00 feet of Lot 11 and 15; All in Block 28, "SETON" according to the recorded plat thereof. The City does hereby approved recognition of the following setback variances: Parcel A (2745 Tyrone Lane) Duplex: Garage: Side Yard Setback 6.3' Required 10' S. Side Setback 3.3' Required 4' Variance 2.7' Variance. 7' Parcel B (4784 Wilshire Blvd.) Duplex: N. Side Setback 4.2' Required 6' Garage: N. Side Setback 2.1' Required 4' Variance 1.8' Variance 1.9' It is determined that the foregoing subdivision will constitute a desirable and stable community development and it is in harmony with adjacent properties. The City Clerk is authorized to deliver a certified copy of this resolution to the applicant upon compliance with all conditions contained herein. The applicant shall have the responsibility of filing this resolution in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulations of the City The applicant shall also have the responsibility to pay all costs associated with such recording. This lot subdivision is to be filed and recorded within 180 days of the adoption date of this resolution. PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR 4784 WlLSHIRE BLVD. AND 2745 TYRONE LANE, LOTS 10 - 16, BLOCK 28, SETON, PID//19-117-24 23 0101 & 0102 P&Z CASE//94-71 WHEREAS, the owner of 4784 Wilshire Blvd., Pat Osmonson, has submitted a request for a Minor Subdivision in the manner required by the Mound City Code, Section 320 and Minnesota State Statute, Chapter 462, and all proceedings have been duly conducted thereunder, and; WHEREAS, the subject property is located within the R-2 One and Two Family Residential Zoning District which according to City Code requires for two family dwellings (duplexes) a minimum lot area of 14,000 square feet, a 20 foot front yard setback, 10 foot side yard setbacks for non-lots of record, and a 15 foot rear yard setback, and; ". ,~. ^,~~ WHEREAS, the proposed Parcel A has a lot area of 12,804 square feet, resulting in a lot area variance of 1,196, and the proposed Parcel B has a lot area of 10,257, resulting in a lot area variance of 3,743 square feet, and; WHEREAS, the following variances to setbacks also need to be recognized: Parcel A (2745 Tyrone Lane) Duplex: Garage: Side Yard Setback 6.3' Required 10' S. Side Setback 3.3' Required 4' Variance 2.7' Variance .7' Parcel B (4784 Wilshire Blvd.) Duplex: N. Side Setback 4.2' Required 6' Garage: N. Side Setback 2.1' Required 4' Variance 1.8' Variance 1.9' WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with conditions NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby approve the minor subdivision establishing Parcels A and B from Lots 10 - 16, Block 28, Seton, as shown on the attached Exhibit A~ u ' e folio 'n '' Proposed Resolution Case #94-71, Osmonson Subd. Page 2 of 2 The Minor Subdivision is approved according to the following proposed legal descriptions and according to attached Exhibit A: Parcel A (2745 Tyrone Lane): Lots 10 and 16; That part of Lots 11 and 15 lying north of the south 13.00 feet of said lots; And the east half of that part of Devon Road originally dedicated on the recorded plat of "SETON" and now vacated which lies between the westerly extension of the north line of said Lot 16 and the southerly line of Lot 14, Block 28; All in Block 28, "SETON," according tot he recorded plat thereof. Parcel 2 (4784 Wilshire Blvd.): Lots 12, 13 and 14; And the south 13.00 feet of Lot 11 and 15; All in Block 28, "SETON" according to the recorded plat thereof. The City does hereby approved recognition of the following setback variances: Parcel A (2745 Tyrone Lane) Duplex: Garage: Side Yard Setback 6.3' Required 10' S. Side Setback 3.3' Required 4' Variance 2.7' Variance. 7' Parcel B (4784 Wilshire Blvd.) Duplex: N. Side Setback 4.2' Required 6' Garage: N. Side Setback 2.1' Required 4' Variance 1.8' Variance 1.9' It is determined that the foregoing subdivision will constitute a desirable and stable community development and it is in harmony with adjacent properties. The City Clerk is authorized to deliver a certified copy of this resolution to the applicant upon compliance with all conditions contained herein. The applicant shall have the responsibility of filing this resolution in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulations of the City The applicant shall also have the responsibility to pay all costs associated with such recording. This lot subdivision is to be filed and recorded within 180 days of the adoption date of this resolution. 0ST--21--94 FR I 9:38 · P. 02 GCHOELL & MAnSON, INC. ENGINEEi~ · SURVEYORS · I=LANNERS ~)IL TESTING · ENVlRONM~NTAL SERVICES October 21, 1994 Ms. Patricia Osmonson 5100 Edgewater Drive Mound, MN 55364 Subject: Boundary Survey and Division in Block 28, Seton Our File No. 52360-001 Dear Ms. Osmonson: At the request of the City of Mound, we submitted this letter prior to the completion of the survey. The area of your property, which is Parcel B, is 10,257 square feet, and the area of Parcel A is 12,804 square feet. The descriptions of the parcels will be as follows: PARCEL A Lots 10 and 16; That part of Lots 11 and 15 lying north of the south 13.00 feet of said lots; And the east half of that part of Devon Road originally dedicated on the recorded plat of "SETON" and now vacated which lies between the westerly extension of the north line of said Lot 16 and the southerly line of Lot 14, Block 28; All in Block 28,"SETON," according to the recorded plat thereof. ~ARCEL B. Lots 12, 13 and 14; And the south 13,00 feet of Lot 11 and 15; Ail on Block 28, "SETON" according to the recorded plat thereof, OST--2 I --~4 FR I 9 : $$ - P . 05 ~CHOELI. & MADSON~ INC, Ms. Patricia Osmonson 2 October 21, 1994 The survey will be sent to you as soon as it is completed, but there are a couple of setbacks which may be of interest to the City of Mound. The duplex at 4800 to the west is 6.3 feet from the property line. The garage on your property, Parcel B, is 2.1 feet from the newly created division line, and the garage on Parcel A is 3.3 feet from the newly created division line. The house on Parcel B is 4.2 feet from the newly created division line and the house on Parcel A is 11,9 feet from the newly created division line. Should you have any questions, please give us a call. Very truly yours, $CHOELL & MADSONLII~, Theodore D, Kemna TDK/cj cc: Peggy James MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION OCTOBER 10, 1994 CASE #94-71: PATRICIA OSMONSON, 4784WILSHIRE BLVD. & 2745TYRONE LANE, LOTS 10- 16, BLOCK 28, SETON, PID #19-117-23230101 & 0102. MINOR SUBDIVISION. Building Official, Jon Sutherland, reviewed the City Planner's report. In 1972 the subject division was proposed by an Attorney for Ms. Osmonson who also sold her the property. The Attorney sent the division to the County, and the County sent the division to the City for approval, however, the City apparently never responded to the request. The County sent a Title to Ms. Osmonson and she thought the issue was settled. Subsequently, during the recent sale of her property, it was realized that the division was never recorded. Basically, the subdivision is the only reasonable way to resolve the problem. It may be possible that the lot line between parcels 1 and 2. could possibly be shifted to provide a conforming setback to one of the detached garages. It is evident that variances will need to be granted. The applicant is in the process of getting an updated survey. Staff recommended that the Planning Commission recommend approval of the proposed minor subdivision subject to the following conditions: The lot line separating Parcels 1 and 2 shall be located in a manner that results in conforming setbacks for the lot containing the two family home and detached garage (Parcel 2). Variances are hereby approved for the required side yard setback for the single family home and garage on Parcel 1. The applicant clarified that the house on Parcel 1 is also a duplex. The location of the line separating Parcels 1 and 2 was discussed. It was suggested that it may be better to have an equal amount of space between the lot line and the garages, such as 3' and 3', versus one garage having a conforming 4' setback, and the other garage having only a 2' setback. It was clarified that each parcel will probably be nonconforming regardless, due to lot area. The Building Official suggested that the statement "If possible" be added to the beginning of condition #1 in the staff recommendation. Jensen commented that she would like to see Parcel 2 without variances, if possible. MOTION made by Mueller, seconded by Hanus, to recommend approval of the proposed minor subdivision subject to the following conditions: If possible, the lot line separating Parcels 1 and 2 shall be located in a manner that results in conforming setbacks for the lot containing the two family home and detached garage (Parcel 2). e Variances are hereby approved for the required side yard setback for the two family home and garage on Parcel 1. Motion carried unanimously. This request will be reviewed by the City Council on October 25, 1994. Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: October 5, 1994 SUBJECT: Minor Subdivision APPLICANT: Patricia Osmonson CASE NUMBER: 94-71 HKG FILE NUMBER: 94-5z LOCATION: 4784 Wilshire Boulevard and 2745 Tyrone Lane EXISTING ZONING: Two Family Residential (R-2) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is seeking approval of a minor subdivision to correct an existing lot configuration problem. At the time of the preparation of this report, the only survey information available is from a photocopy of a 1972 survey. The survey shows that the single family home and detached garage at 4784 Wilshire Boulevard substantially encroach onto the property to the north which contains a two family dwelling and detached garage. Both properties were expanded in the past as a result of the vacation of Devon Road which abutted the original lots on the west end. To further complicate matters, the driveway that serves the garage for the two family home uses the old Devon Road right-of-way to gain access to Wilshire Boulevard. In doing so, it passes over the property to the south owned by Ms. Osmonson. COMMENT: The purpose of the proposed subdivision is to establish a new lot line which places the single family home and garage on one parcel and the two family home, garage and driveway on the other parcel. In order to accomplish this goal, the existing northern lot line of the applicant's parcel will be shifted 13 feet to the north. Additionally, the entire eastern half of the vacated Devon Road right-of-way will become part of the parcel to the north. Approval of the proposed minor subdivision will need to encompass a number of variance approvals. Hardcover calculations were not available at the time of the preparation of this report. Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 ' Fax: (612) 835-3160 [I I , IliJ, Il il Osmonson Minor Subdivision Planning Report October 5, 1994 Page 2 Variances that are required are based on scaled dimensions from the 1972 survey. Prior to adoption of a final resolution on this case by the City Council, the variance dimensions should be verified by a more accurate survey. For the purposes of discussion, the southern parcel containing the applicant's single family home will be referred to as Parcel 1. The parcel to the north containing the two family home will be referred to as Parcel 2. Location of the lot line as proposed separating Parcels 1 and 2 will result in the following setbacks and variances: Parcel 1' The existing home is required to observe a 10 foot side yard setback (north side) because as a result of this subdivision, it is no longer a lot of record. The setback resulting from the lot line placement is approximately 4 feet requiring a 6 foot variance. The existing detached garage on Parcel 1 is required to have a side yard setback of 4 feet. As a result of the relocation of the line, it has a setback of approximately 2 feet resulting in a 2 foot variance. Parcel 2: The existing two family dwelling on Parcel 2 meets setback requirements. The detached garage is required to have a 4 foot setback. From information scaled from the survey, it appears that the resulting setback will be 3.5 feet resulting in a .5 foot setback variance. The proposed subdivision is the only reasonable way to solve current problems related to these two lots. The placement of the new lot line separating Parcels 1 and 2 could be shifted in such a manner as to make all of the structures on Parcel 2 conforming. This would result in only Parcel 1 being non-conforming and in need of variances. RECOMMENDATION: Staffrecommends that the Planning Commission recommend approval of the proposed minor subdivision subject to the following conditions: The lot line separating Parcels 1 and 2 shall be located in a manner that results in conforming setbacks for the lot containing the two family home and detached garage (Parcel 2). Variances are hereby approved for the required side yard setback for the single family home and garage on Parcel 1. CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 October 3, 1994 Ms. Patricia Osmonson 5100 Edgewater Drive Mound, MN 55364 SUBJECT: Minor Subdivision Request by Pat Osmonson 4784 Wilshire Blvd./2745 Tyrone Lane Dear Ms. Osmonson' Please find enclosed a reduced copy of the survey you submitted for the subject subdivision. I have highlighted the proposed dividing lines as I understand them to be. If the proposed parcels are shown incorrectly, please let me know as soon as possible. I felt it was important to clarify what the City needs on the survey in order to process this subdivision in a timely manner. Please find enclosed a list of the survey requirements. This request will be reviewed by the Planning Commission on Monday, October 10, 1994. If possible, we would appreciate receiving the revised survey before this meeting. If you have any questions, please do not hesitate to call Jon Sutherland, Building Official, or myself. Planning & Inspections Secretary pJ Enclosures cc: aOn. Ted Kemma, Schoell & Madson Inc., 10580 Wayzata Blvd., Minnetonka, MN 55343 Sutherland, Building Officialj ~; t~ k Koegler, City Planner prtnte~ff on ,ecycled paper L;.i .76/,o w3'7..y /x-ox. / C 1/4 0 S Ad 0~4 ~ 0 h4 NORTH.. .... 09/22/94 16:33 FAX 612 472 0620 CITY OF MOUND Application for SI~ 2 31JIM /~ O.gO. o o /~ .}H-IN, OR SUBDIVISION OF LAND City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0(R)0, Fax: 472-0~20 [~004 Pl&nning Commission Datel city council cate, Public Works City Engineer DNR Other Application Fee: Escrow Deposit I Deficient Unit Charges? $~0.00 Delinquent Taxes? /~ VARIANCE REQUIRED? /~O !~ type or print the followinf inform~iou: Address Of Subject Property .ot '/% - Zoning District Use of Property Applicant ' s Name (ifotherthan owt~r). Block Day Phone Day Phone Day Phone conditional y- ~'~ - 7do I use permit, or other Address Name of Engineer '~J '/~f/"'/,,",,r,,, r~l C. Has an application ever been made for zoning, variance, zoning procedure for thi~ property? ( ) yes, ~_ no. If ~es, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. This application must be signed by a~ owners of the subject property, or an explanation given why this is not the case. Signature of Owner Signature of Owner Date MTNOR SUBDIVISION APPLICATION city of Mound, 5341 Maywood Road, Mound, MN Phone: 472-0600~ F~X: 472-6020 55364 Any division of land creating not more than three residential lots. Such lots must conform to all the following: Have frontage on an existing public road. Not require the construction of any new public facilities or public improvements. There will be no advers~ effect on remaining or adjoining properly. There is no conflict with the Compreheasive Plan, Zoning Ordinance or Official Map. The relocation of the boundary line between two abutting, existing parcels of proper~y; such relocation not causing the creation of a new parcel or parcels and such relocation not violating the Zoning Ordinance. Prior to submitting a formal application, a sketch plan of the proposed subdivision and a drainage plan may be submitted for review by the Building Official and/or Planning Staff in order to be made fully aware of all applicable ordinances, regulations and plans in the area to be subdivided. The following information must be included with your formal application for a minor subdivision: Accurately completed application form, including name, address and day phone of applicant and owners. Verify correct address and existing legal description of subject property. Certificate'of Survey showing: a) Existing and provosed dividing lines showing all dimensions and area of each new parcel measured ~bove the Ordinary High Water Mark, and ex~st~ng and orovosed legal descnpUo s. __-- · I ~- I - b) Drainage plan with existing and proposed elevations· c) d) ~ and proposed ~ ~, and off-street parking space_rt. Distance b,etween existing and proposed structures to all propert~ lines including the OHW. ~'he distafice between principal building ~d principaWouildings on adjacent lots must also be shown. Location of signs, ~ underground utilities, existing _sew_e_r and water.., location~, etc. Any additional information as may be reasonably required by the Administrator and applicable sections of City Code Section 330. Hardcover Calculations for each proposed parcel. If scaled plans or survey are larger than 11" x 17", then 16 copies must be submitted with application. One 8-1/2" x 11" size copy of plans and survey must be submitted with application (may be reduced). Fees: $50 application fee and $;t,000 escrow deposii to be collected at time of application. Park Dedication fee of $500 for each new lot created to be paid after City Council approval. If any of the above mateda_! ks not submitted by the deadline date, you will not be placed on the agenda .for that month. ~0~/ _/9r"a, poract / C/,~ 0 S/~'7 0 _~CHO~L t NORTH,, I hereby certify that this is a true and correct representation of a survey of the boundaries of: ~A,~CEL A Lots 12, 13 and lZ*, t~iock 28, "$eton", occord~n9 to the plat thereof on file or of record in the office of the Registrar of TitLes in and for said County, excluding any part of the adjoining vacated Devon Road. The South 13.00 feet of Lots 11 ~znd 15~ 3Lock 28, "$eton", according to the plat thereof on file or of recurd in the office of the hegistrar of l~t~es ~n ~nd for s~id County, exc~ud~n9 any part of the adjotnin9 vacated Dewn Road. r-,'u~t.L. C ~hat part of the East fla~f of vacated Devon Noad iy~ng bet~en ~he north i[ne of ~itsh~re BouLevard and the westerly extension of the north Line uf Lot ?¢, 3Lock 28, "$eton", according to the plat thereof on file or of record in the off,ce of the Registrar of lilies in and for Nennep~n County, ~innesota. And of the Location of aLL buildings, thereon, and ail visible encroachments, if any, fro~ or on said Land. As surveyed by ~e this ?5th day o! December, 1~72. Land .Surveyor, Hinn. Reg. Ira. ~37~, GENEItaL ZONING IA'FORMATION SIIEET 2--~ ~'~'"~ ............................................... Required Lot W~dth., ~ -- (frontage on an.improved p~blic s~ree~) ~ SETBACKS REQUIRED: PRINCIPAL BUILDINg ;:::;--' ~$HO~= 50' Imeasure~ fro~ O.H.w, ) EXISTING AND/OR PROPOSED SETBACKS= )FRONT: N $ E W J.~ONT: N S E W SIDE: N S E W SIDE{ N S E W REAR: N S E W LAKESHORE 1 ACCESSORY BUILDING 4' Or 4' or 9' · $0' tmeasured~rom O.H.W,} [~ PRINCIPAl, BUILDING { ACCESSORy BUILD N~ SIDE: N S g W TY CONFO~ING? YES, NO WILL THE PR~SED IMPROVE~TS ~NFO~?YES, NO . ¢{4o 4~,{ ( "'"' S'JF F,:'L'~ 5 5 ~D __ GOVT LOTS 3 & 4 ~(~)i (~) -.. / / / Required Lot Width: Existing Lot Width SETBACKS REQUIRED: FRONT ~ N S ~ W SIDE~ SIDE: N PEAR ~ N S E ~SHO~ 50' Imeasured from o.H,w.] Lot of Record? yes (frontage on an improved pubXlc etreet) , Depth FRONT: N S E W N S E W N S E W SIDE: N S E W PEAR: N S E W LAKESROPE ~ ACCESSORY BUILDING 4' Or 50' (measur~ from ~0 10 EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDIN~ FRONT: N S FRONT: N S E W SIDE: N S E W i LA~SHO~EI IS T~PERTY CONFORRI NG ? YES NO ACCESSORY BUILDIN~ FRONT: N S E W SIDE: N E W SIDE: N S E W REAR: N S E W LAKESHORE NO GOVT LOTS 5 & 4 ~1~-8~5-~160 HOISINGTON KOEGLER 87~ P02 OCT ~1 '94 08:0~ Ho'~ington Koegler Group Inc. MEMORANDUM October 20, 1994 To; Mound City Council From: Bruce Chamberlain, Planning Consultant Re: Pelican Point final plat modification. Upon field staking at Pelican Point, the developer has determined that several significant trees can be saved with slight alterations to the street alignment. Alterations of this nature require City approval and a formal change to the final plat. Therefore, the developer is requesting modifications to the final plat at this time. The modifications are relatively minor. No lots are impacted. The entry drive off of Tuxedo Blvd. would be shifted approximately 8 feet to the south and the intersection of Pelican Point Circle and Pelican Point Court would be shifted roughly 20 feet northwest. The Developer has provided a modified final plat showing the proposed changes. The City Engineer and City Planner have reviewed the proposed alterations and recommend approval of final plat modifications. Enclosed is a resolution to this effect. If you have any questions, staff will be available at the meeting. PELMOD~EM Land Use/Environmental ~ Planning/12~ign 7300 Metro Boulevard / Suite 525 * Minneapolis, Minneuata 55439 · (6123 835-9960 * Fax: (6123 83%3160 61~-8~5-~160 I I, HO I S I NGTON KOEGLER i 8?3 PO~ OCT 21 '94 08:03 RESOL~ON ~94-~.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND MODIFYING THE FINAL PLAT FOR PELICAN POINT RESIDENTIAL DEVELOPM'F..NT WHEREAS, approval of the final plat of Pelican Point has been granted by the City Council with conditions under Resolution 94-136; and WHEREAS, upon field staking of thc project, the developer has determined that the alteration of street alignment will allow several significant trees to be preserved; and WHEREAS, a conditional use permit has been issued for the project to create a Planned Development Area (PDA) and one of the benefits of a PDA is to allow the development flexibility to preserve vegetation. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The final plat drawing for Pelican Point Residential Development shall be amended from tha~ originally approved by Resolution 94-136 to conform with Exhibit A attached. The Developer shall modify construction documents and the site plan to be in accordance with the changes made in Exhibit A. Thc modified plans shall replace the previous ones as the legal documentation of project approval. Z Z I.U ~ 0 0 ~ U 0 0 H C) 0 I~ 0 ~] ~. ~ 0 i 11, u 0 0 ~ ~ ~ o ! t I /~ , ~' /'% t ! I-.-, I-h 0 I-hi: 0 ~ ~o~o ~'~0~0~ ~0~ ~-D 0 D ~ 0 0 ~ ~ 0 0 0 Lr ..... ~'] .......... - -19 / t Lot / Lot 26 Lot 2 ot 23 1 / ! u,,xAI Nt--',~,- AND UTIL~ EASEMENT LITY AND · )SS ,EME~ /.,. ~, ,~ .,--,'.'? ', i October 11, 1994 RESOLUTION NO. 94-136 RESOLUTION GRANTING FINAL PLAT APPROVAL FOR PELICAN POINT MULTI-FAMILY RESIDENTIAL DEVELOPMENT UNDER PLANNED DEVELOPMENT AREA (PDA) REQUIREMENTS WHEREAS, the final plat of Pelican Point has been submitted in the manner required for platting of land under the City of Mound Ordinance Code, Section 330:00 and under Chapter 462 of the Minnesota State Statutes and all proceedings have been duly conducted thereunder; and WHEREAS, the City Council, on May 23, 1994 and June 14, 1994, held a public hearing pursuant to Section 330:00 of the Mound City Code of Ordinances, to consider the approval of the preliminary plat of Pelican Point Subdivision located on property described as: A tract of land comprising Lots 35, 36, 37 and 38, "Phelps Island Park, First Division"; those parts of the abandoned street and alley in "Phelps Island Park, First Division" designated on said plat as Private Street and Private Alley; and a part of Government Lot 5, Section 19, Township 117, Range 23; all described as follows: Beginning at the intersection of the Westerly line of said Private Alley with the Northwesterly extension of the Southwesterly line of Lot 38, "Phelps Island Park, First Division"; thence Northwesterly along the extension of said Southwesterly line 200.00 feet; thence Northeasterly 200.00 feet, more or less, to a point on the Northwesterly extension of the Northeasterly line of Lot 35, "Phelps Island Park, First Division", distant 266.80 feet Southeasterly from the intersection of the Northwesterly extension of said Northeasterly line with the Southeasterly line of Tuxedo Boulevard dedicated in the plat of Avalon as Tuxedo Road; thence Northwesterly along said extension 266.80 feet to the Southeasterly line of said Tuxedo Boulevard; thence Northeasterly along the Southeasterly line of said Tuxedo Boulevard to its intersection with a line which is parallel with and 20.00 feet Northeasterly from the Northwesterly extension of the Northeasterly line of said Lot 35; thence Southeasterly along said parallel line 286.80 feet; thence Southwesterly, parallel with the Westerly line of said Private Alley, 20.00 feet to the Northwesterly extension of the Northeasterly line of said Lot 35; thence Southeasterly along said extension and along the Northeasterly line of said LOt 35 and its Southeasterly extension to the shore line of Lake Minnetonka; thence Southwesterly along said shore line to its intersection with the Southeasterly extension of the Southwesterly line of said Lot 38; thence Northwesterly along said extension and along the Southwesterly line of said LOt 38 and its Northwesterly extension to the point of beginning. 281 October 11, 1994 A tract of land comprising Lots 19 through 34 inclusive, "Phelps Island Park, First Division"; those parts of abandoned alleys and streets, "Phelps Island Park, First Division", designated on said plat as Private Alley and Private Streets; and a part of Government Lot 5, Section 19, Township 117, Range 23; all described as follows: Beginning at the most Westerly comer of Lot 34, "Phelps Island Park, First Division"; thence Southeasterly along the Southwesterly line of said Lot 34 and its extension to the shore line of Lake Minnetonka; thence Northeasterly along said shore line to the Westerly line of Lot 73, "Phelps Island Park, First Division"; thence Northerly and Northeasterly along the Westerly and Northwesterly lines of said Lot 73 to the shore line of Lake Minnetonka; thence Northwesterly and Northerly along said shore line to its intersection with the Southeasterly extension of the center line of the Private Street adjoining the Northeasterly line of Lot 19 "Phelps Island Park, First Division"; thence Northwesterly along said extension and along said center line and its Northwesterly extension to the Westerly line of said Private Alley; thence Southwesterly along said Westerly line to its intersection with the Northwesterly extension of the Northeasterly line of said Lot 19; thence Northwesterly along said extension to the Southeasterly line of Tuxedo Boulevard dedicated in the plat of Avalon as Tuxedo Road; thence Southwesterly along the Southeasterly line of said Tuxedo Boulevard to its intersection with a line which is parallel with and 20.00 feet Northeasterly from the Northwesterly extension of the Southwesterly line of said Lot 34; thence Southeasterly along said parallel line 286.80 feet; thence Southwesterly, parallel with the Westerly line of said Private Alley, 20.00 feet to the Northwesterly extension of the Southwesterly line of said Lot 34; thence Southeasterly along said extension to the point of beginning. Lot 73, "Phelps Island Park, First Division". Subject to the proprietary and sovereign rights of the State of Minnesota in all that portion of the land lying below the natural ordinary high watermark thereof; not intending, however, to deprive the fee owners of the usual riparian rights that attach to the land riparian to a navigable public body of water incident to the ownership thereof. WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota; 282 FT-T- i"T T Tlr October 11, 1994 A. Final plat approval is hereby granted for Pelican Point Multi-Family Residential Subdivision under PDA requirements, as requested by Boyer Building Corporation subject to compliance with all of the conditions found in the City Engineer's report dated August 18, 1994, set forth and incorporated herein as part of the document, all the conditions of the preliminary plat approval (Resolution ~4-78) set forth and incorporated herein as part of the document and the following conditions; The Developer shall secure all applicable permits as defined by the City Engineer from all entities with jurisdiction over this project. Permits for docks shall be obtained from the DNR and LMCD for the construction of 40 docks to serve the development. The City strongly favors Plan "A" which has been presented to this City Council and which results in the construction of 40 dock slips off the mainland, a copy of which is attached hereto and made a part of this resolution. It is understood that dock density is being used from that part of Outlot C which is called, "the island", to complete the 40 dock slips. In the event the DNR or the LMCD do not approve Plan "A", the Council approves Plan "B", a copy of which is attached. This would result in 28 docks being constructed off the mainland and would allow the construction of 12 dock slips off the most northerly part of that part of Outlot C, referred to as "the island". In either event, a Conservation Easement shall be prepared and dedicated to the public which keeps that part of Outlot C, which is referred to as "the island", in a natural state and will prevent all construction of any structures on that part of Outlot C, called "the island", except the limited area necessary to access the 12 dock slips if Plan B is necessary. The Council is approving 40 dock slips and strongly requests the DNR and the LMCD to approve Plan A. The applicant has argued that the land would allow 57 dock sites off the mainland and the island and the Council is not precluding an application for more than 40 dock sites if Plan A or Plan B are not approved by the DNR and the LMCD. o Park dedication fees shall be collected in the amount of $124,000 prior to filing of the final plat. No construction activity shall occur on the site until all applicable provisional or final permits have been issued by the Minnehaha Creek Watershed District and other applicable agencies. The Developer shall provide the City Attorney with Homeowner's Documents and Declaration of Covenants for his review and approval. The Developer shall also provide the City Attorney with information necessary to conduct a title search and make a clear title opinion, all prior to filing of the final plat with Hennepin County. 283 I- [11- October 11, 1994 e Lot 8, Block 2 on the final plat shall reflect a modification to the utility easement as defined by the City Engineer. Prior to any work on the site, the Developer shall sign a development contract furnished by the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within a specified period of time and shall require compliance with all City Codes not modified by this resolution. As part of the development contract, the Developer shall furnish the City with a performance bond, an irrevocable letter of credit, or other form of security approved by the City Attorney in the amount of 125 % of the cost of all applicable public improvements necessary to be completed prior to filing the final plat. The Developer shall also provide the necessary escrow funds required in Section 330:30 of the City Code. The Declaration of Covenants shall be amended to include a description of bluff area limitations as stated in the Mound Shoreland Management Ordinance. The Covenants shall also include a map showing designated bluff areas. o The plat shall be filed with Hennepin County within 240 days of the City Council approving the final plat (October 11, 1994). 10. Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Fire Chief and Building Official. 11. 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. 12. Construction and maintenance of the site shall adhere to MPCA Best Management Practices. Construction documents submitted to the City Engineer shall reflect said BMPs. 13. 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. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the City of Mound Code of Ordinances. 284 October 11, 1994 The foregoing resolution was moved by Councilmember Smith and seconded by Councilmember Ahrens. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Johnson and Smith. The following Councilmembers voted in the negative: none. Councilmember Jessen was absent and excused. SS/SKIP JOHNSON Mayor Attest: City Clerk 285 U'T-T- ¥1-T ............ r Tll PUBLIC GATHERING PERMIT Use of a public park or commons by any group consisting of 15 or more ,individuals. Use is not to interfere wi~h traffic and general use of the park or commons or to be beyond.the ability of the police in maintaining order. NO LIQUOR MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS ~.¢~,'¢,~ Group is to remove all litter and trash 'and provide a<desopi~to insure cleaning up of the park area. ~ Deposit Date of Use ~- /'~,, //~l J'~// jE~ ~,.~- Area to be Used ~ICiA~ ~(~o~ ¢~ Time Frame V,' ~3 ,~ ~ ~ '~ ~ ~' Intended Use ~~ ~)~ ~~ Expected Attendance ~ ~ ~ Organization ~~ ~f¢[¢~ ~ ~;' ~' ~~ Representatives Name ~'~ ~'~ Address ~ ~V ~~~~ ~ Telephone No. Home: ~'~ -~ ~ Work.: Drivers Lic. No. DEPARTMENT APPROVAL City Manager Police Dept. Park Dept. Section 615 - Clt~ Parks Section 615:00. Park Hours. To protect the peace and quiet of persons residing near public parks and to protect public property fro,, vandalism, all public parks shall be closed to public use from 10:00 o'clock p.m. until $:00 o'clock a.m. the next day. Public parks shall be open for public use from 5:00 o'clock a.~. until 10:00 o'clock p.m. of each day. Any person convicted of violating this Section 615:00 shall be guilty of.a ~tsdemeanor. Section 615:05. Public Catherinls - Permit Required. Use of a public park or co-,mona by any group consisting of 15 or ~ore indiv~duals gathering together or by any organization which brings 15 or more persons on to public lands to meect picnic, or conduct a group activity shall ~'eouire a p.ermit from the Clt~ Manager. The City ~lanager may issue said permit if he or she determines that the area be used for said meeting or group activity is available and that its collective use will not interfere with traffic and general use of the park or commons, and that said activity is not beyond the ability Of the police in maintaining order. The City Hanager may impose other reasonable' conditions including a require~ent that said group remove all litter and trash and provide a cash deposit to up the park area, and he or she ~ay obtain the advice of the Police Chief and other staff personnel before issui.n.g said permits.. The City Hanager ~ay deny said permit or refer it to the City Council for consideration. Any per,its issued by the City Beringer or the City Council shall be subject to reasonable conditions to protect the publicts investment in its public parks and to protect the general public's ' use of their park and con,on areas. Section 810:50. Restrictions on Purchase and Consu~ptio~. Subd. 1. Age Ktsrepresentation. No ~lnor shall misrepresent his or her age for the purpose of obtaining beer. Subd. 2. Inducing Purchase. No person shall induce a per'sin under age 19 to purchase or procure beer. Subd. 3. P~rocure=ent. No person other than the parent or legal guardian.shall ~rocure beer for any person under the mini~u~ age allowed by Chapter 340A of Minnesota Statutes. Subd. 4. Possession. No person under the mini~ta age allowed by Chapter 340A of Minnesota Statutes shall have beer in his or her possession with the intent to consume it at a place other than the household of his or her parent or guardian, Subd. 5. Consu=ptio~n. No minor shall'consume beer on any licensed prenises. Subd. 6. Consumption Prohibited - ~her~. Except as provided in Section Subd. 3, no beer shall be consumed in any theater~ recreation hall or center~ dance ha11~ ball park, or other place of public ~athering used for the purpose of entertainment, amusement~ or playing of games~ except bowlin$ alleys. Except as.provided in Section 810:05~ Subd. 3, no person shall consume beer on a public highway, public park~ or other public pl&ce. Subd. 7. Liquor Consumption and Display. No person shall consmne or display any intoxicating liquor on the premises-of a licensee who is not also licensed to sell intoxicating liquors or who does not hold a consu~tion and display permit. -H Z 0 U 0 0 0 0 0 ,,~ ' . 0 ~ 0 0 00~ O0 O~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~ 0 ~J~ 0 ~) E {0 0 E 0 0 :> 0 0 ~ 0 ~ 0 O~ 0 Z Z d d RESOLUTION #94 - RESOLUTION REQUESTING HENNEPIN COUNTY TO INSTALL A TRAFFIC SIGNAL AT COUNTY ROAD 110 (COMMERCE BLVD.) AND THREE POINTS BLVD. IN THE CITY OF MOUND WHEREAS, the City of Mound is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Mound is concerned with the health, safety and welfare of the City; and WHEREAS, the housing density and traffic has increased on Hennepin County Road 110 North and Three Points Boulevard; and WHEREAS, traffic studies have been conducted by the Minnesota Department of Transportation (MNDOT) which indicate that the amount of traffic at this location has increased over the years; and WHEREAS, Hennepin County's traffic signal ranking system, which reflects traffic volumes and accident susceptibility and severity, has indicated that the intersection has a priority factor of 37; and WHEREAS, the County will not normally install, or allow to be installed, traffic signals at intersections with a priority factor of less than 30; and WHEREAS, this location does meet Hennepin County's traffic signal criteria for a traffic signal; and WHEREAS, it is the City of Mound's understanding that the earliest Hennepin County could have the traffic signal installed would be 1996; and WHEREAS, design work by Hennepin County would have to be done in 1995; and WHEREAS, it is the City of Mound's understanding that Hennepin County would pay ,.,, WHEREAS, the City of Mound would pay for'75% of this estimated cost. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, hereby requests that Hennepin County install a traffic signal at the intersection of County Road 110 (Commerce Boulevard) and Three Points Boulevard in 1996. BE IT FURTHER RESOLVED that Hennepin County include this project in its 1996 transportation budget. BE IT FURTHER RESOLVED that the City of Mound will set aside the appropriate monies in 1995 and 1996 to pay for its share of the cost for the traffic signal, to be constructed in 1996. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk FI 'O'D S£P 1_ 9 '94 Hennepin County An Equal Opportunity Employer September 15, 1994 Mr. Edward J. Shukle, Jr. City Manager City of Mound 5341Maywood Road Mound, MN 55364 RE: CSAH 110 (Commerce Boulevard) at Three Points Boulevard Cities of Mound and Minnetrista Dear Mr. Shukle: As per our conversation on September 14, 1994, I am forwarding a copy of correspondence pertaining to the referenced location. In addition, a review was made of the traffic accident history at this intersection for the three year period from 1990 through 1992. There have been a total of 17 motor vehicle accidents during this period, of which seven were right angle crashes. This results in a 1990-92 three year accident rate of 1.57 accidents per million vehicles (ACC/MV) entering the intersection. The three year (1990-92) county average for a tee intersection is 0.48 ACC/MV. In accordance with Hennepin County's Traffic Signal Ranking System, which reflects traffic volumes and accident susceptibility and severity, this intersection has a priority factor of 37. As a general policy, the County will not normally install, or allow to be installed, traffic signals at intersections with a priority factor of less than 30. This location does meet our criteria. If you have any questions, please call me at 930-2680. Sincerely, Thomas D. Johnson, P.E. Transportation Planning Engineer TDJ/DAL:gk Attachment Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8468 (612) 930-2670 FAX:(612) 930-2513 TDD:(612) 930-2696 Recycled P, MEMORANDUM DATE: March 5, 1992 TO: FROM: SUBJECT: Patrick B. Murphy Dennis L. Hansen CSAH ilo at Three Points Boulevard City of Mound A traffic study taken at the intersection of CSAH 110 and Three Points Boulevard on February 11 and 13, 1992, has identified a traffic signal warrant. The intersection exceeded the requirements of Warrant Number 9, Four Hour Volume. Copies of the signal warrant review and 16 hour turning movement study are attached. Accidents have not presented a pressing problem at this intersection although the frequency and rate are somewhat higher than one would normally expect. Seven accidents occurred in 1988, four in 1989, four in 1990 and three in the first six months of 1991. This results in a 1988-90 three year accident rate of 1.47 accidents per million {Acc/MV} entering the intersection. County average for a tee intersection with similar traffic contact is 0.55 Acc/MV. Ten of the 18 accidents that occurred during the three and one half year study period were right angle crashes. Copies of the accident diagrams and summary are attached. On March 3, 1992 I spoke with Mr. Ed Shukle, Mound City Manager, concerning the city's interest in a traffic signal at CSAH ilo and Three Points Boulevard. Ed indicted that the city had received a few complaints about traffic conditions at this location. However, his opinion was that the city does not consider more stringent control as a pressing need. If a traffic signal is to be installed he does not know where the city will find the money to participate (city obligation would be 75% of the estimated cost of $80,000). He is not certain what the city council's position would be. This location will be included in the traffic signal priority listing currently being developed by the Transportation Planning Section. 'We anticipate the priority list will be available within two weeks. The traffic study was prompted by an inquiry from Commissioner Tad Jude as to the feasibility of traffic signal installation at this intersection. DLH:gk Attachments WlDMER INC. P.O. Box 219 ST. BONIFACIUS, MINNESOTA 55375 Phone 446-1495 FAX 446-1836 Page No. 1 of Pages PROPOSAL SUBMITTED TO City of Mound STREET 5341 Maywood CITY. STATE AND ZIP CODE Mound, MN 55364 ARCHITECT DATE OF PLANS PHONE I DATE 472-1251 9-27-94 JOB NAME snowplowinq JOB LOCATION JOB PHONE We hereby submit specifications and estimates for: 966E Cat (5 yd) -$95.00 per hr. 66...Ka~asaki..(4 yd) $85..00 per hr. 950 Cat (3-3.5 yd) $82.OO per hr. 309 Komatsu (3.. yd.) :$8.2~00 per .hr, 140G Cat .......... ---$85.00 per hr. 99E cat::::::'-:::,, :-:::r~.73.00 per hr, Trucks with plow & spin sanders --$60.00 per hr. 4...X 4 Pickups ,:$53.00 per hr. 1845 Case Skid Loaders with or w/o broom ...... $65.00 per hr, Tandem DUmps ( fqr hau!in.g.) ,$53. 00 per hr. Salt-Sand Delivered ---$40.00 per ton We reserve the. right to file a' Mechanics Lien-if bill is not paid' within the length of tinle' prescribed bylaw;You agree to" pay-ell-cost incu~.red .l~.rtaining t° lien. we wi!l not be responsible ~Or any underg~0und utilities that can.r~0t be 10ca~ed...by th.e...~t!!!ty..~0nlpa!~!es or the homeowner. Normal clean-up is included in this proposal. There is no sod figured in this proposal. We will not assume the responsibility for water pipes, trees, tree roots, sprinkler systems, etc. unless notified to exact location prior to excavating. Frost ripping extra charge; it'is expressly stipulated and agreed that the undersigned shall not be held liable for damages to grass, trees, shrubs and any underground obstructions, including pipes, electrica w r ng and etc In bidd ng job we figure soil to be dry. If wet, there will be extra charges based on time and material. ~lle ~Iropose hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: PER HOUR RATES dollars ($ ). Payment to be made as follows: WITHIN 30 DAYS UPON BILLING A finance charge of 1.5% per month (18% annual rate) will be charged on past due accounts. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices, Any alteration or deviation from above specifica- tions involving extra costs will be executed only uDon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire. tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorized Signature Note: This proposal may be withdrawn by us if not accepted within 15 days ro osa,-,heabove prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature J 41, CITY OF MOUND MOUND, MINNESOTA NOTICE OF ADVERTISEMENT FOR BIDS SNOW REMOVAL FROM PARKING LOTS IN CENTRAL BUSINESS DISTRICT MOUND, MINNESOTA The City of Mound will receive bids at 5341Maywood Road, Mound, Minnesota until 11:00 AM on Monday, October 17, 1994 for snow removal from the Central Business District parking lots and other areas as designated. The successful bidder will be required to post a Performance Bond or Certified Check in the amount of $500.00. The successful bidder must furnish liability of not less than $200,000 for each individual, $600,000 for each occurrence, and against liability for property damage of not less than $50,000 for each occurrence. The City reserves the right to reject any' and all bids and waive any informalities. Bid forms may be obtained from Public Works, 5341Maywood Rd. Mound, Mn. Francene C. Clark City Clerk CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 October 20, 199/4 TO; FROM; Ed Shukle City Manager Joyce Nelson ~' Recycling Coordinator SUBJECT; Curbsi¢le Recycling Bids Request for Proposal for curbside pickup of recyclables were received on October 11, 1994. Listed below are the companies that sent in proposals with charges per household per month. BFI - $2.71 per household Randy's Sanitation - $2.85 per household Waste Management - $2.00 per household E-Z Recycling - $1.85 per household As of the present we ate paying Knutson Recycling $1.90 per household per month, but they did not submit a proposal. These bids are for 3 years and after that time we can extend the contract or go out for new proposals. It was decided by the Lake Minnetonka Solid Waste Management Group (Cities of Mound, Wayzata, Shorewood, Excelsior, Spring Park and Minnetonka Beach) that we would recommend E-Z Recyclir, g's proposal. E-Z Recycling has the contract for the cites of Long Lake, Maple Plain, Medina, 6reenfield, Independence and Orono. E-Z Recycling does recycling only and no garbage pickup. The City of Wayzata accepted E-Z Recycling's proposal on Tuesday, October 18. printed on recycled paper ,..~, Jl l... IJJ, I ~I. I ~ hi '~'474,.0128 I~E oct. 20, 1994 G10:09AM L32/2 [.;{ty ol ~5~orewoocl To: From: Date: Re: Mayor and City Council James c. ~urm, city Administrator October 19, 1994 Recycling Contract Please find enclosed a copy of a Request for Proposal (RFP) for recycling services. Paragraph one of page one will detail our purposes. The Lake Minnetonka Recycling Group (LMRG) has met on several occasions to consider the need for and the scope of a new contract for recycling services. A comprehensive proposal was developed after meetings with five separate service providers to advise us of collection methodology and market availability for various products. We received four (4) proposals. Listed on the following page are the costs for services and costs for revenue sharing for each proposal. At our last meeting on October 12, the consensus of the L~RG was to recommend to the various City Councils that contracts be awarded to E-Z Recycling Inc. E-Z currently has contracts with New Brighton, Arden Hills, St. Paul NEC, Orono, Medina, Maple Plain, N. St. Paul, Spring Lake Park, Loretto, Independence, Long Lake, Dayton, Corcoran, Falcon Heights, and the West Hennepin Recycling Group. The coordinators for 9 of their programs have been called. We received glowing reports from each one. enclosed: RFP E-Z Recycling Proposal BILLS .October 25, 1994 Batch 4093 Batch 4102 Total Bills $244,912.96 153,447.76 $398,360.72 oo '= o° ~ -_j ° ~ ° Z Z Z J ~ 0 t.,- Z On-, u r~ ~.~ 0 I Ill I CD ,0 .o × ~ I t~ IIII I IIIIII I I C3 U i --J 13. --.I 0 u.J ,"'~ I I CD.._; U ~ ..JO. J U~ t,kJ I I I tllllll I I II CZ) ~ ~oo , ! 111 October 25, 1994 RESOLUTION NO. 9~ RESOL~ION APPROVING THE SUBi~IITTAL OF THE 1995 MI3NICIPAL RECYCLINNG GRANT APPLICATION TO HENNEPIN COUNTY NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby approve the submittal of the 1995 Municipal Recycling Grant Application to Hennepin County. This grant application will be in effect from January 1, 1995 to December 31, 1999. MUNICIPAL RECYCLING GRANT APPLICATION Hennepin County Residential Recycling Program January 1, 1995 - December 31, 1999 MOUND City"-'~ Please provide a brief description of your city's recycling program within the space below. Include information on promotional and waste reduction activities, material collected, special collections, etc. Note any major program changes planned or anticipated during this Period. A resolution passed by your Council/Board/Commission approving submittal of this application must be attached. The City of Mound will continue with the newsprint, gia&s, metal, ma azin Curbside pick-up of recycles, to include will also co ' g es, phone boo ncentiv~ for recycling. ntznue the Westo ~: n_~_ ks, plastzcs with a n n .... v~-ars as an i-- - eck. The City also continue the have the Special Recycling Day. We will ~:~: "~'"'"/~ "::~:"'""':'"'""~'~-" ....... "~"~'. ............. ~-..~'-~& :~' ' &~%' ~'~- · ~---~-x - - . .................................................. General Fund: ~ Yes ~. Curbside ~lle~ion ~ntr~ior: ~_Z Rec~l~n~ C. Cont~ Date~e~: ~995-~997 o. Coll~ion ~ HH/MO: $. 1.8S E. Retie and Rec?cling ~ll~ed ~me D8~: ~ Yes ~ No F. Collection Frequency: j~ Weekly 0 Bi-weekly ~ Twice Monthly G, No. of Households with Curbside Collection ~ ~ ? ? H. Method Used to Determine # of Householda Served (check all that apply): Property Tax Records E] Utility Billing Records'Sll Building Permits i~ Other(specify) .... · ................................................... <.-..-.'-, :~<:~.--'~...~::.-: < ~...:.:-.:..-::'.'.<~: A. Program Administration $ B. Proi~otional Activities ~n_ nnn · $ 3,000 C. Collection Curbside Drop-Off $ 360,000 $ so,ooo D. Curbside Collection Containers $ ~$,000 i/:::.?:: :i .::':.' :....!: .i:: :::'~::i::::i'!:?.i:ii.::.::.. Total Exbenditures : iiii ¥.:.: ' : ': Sale: of RecYClableS 0~0: ~. ;i :!' ." ': .. Anticipated.RevenUeS from ~:.... : i:": A. Residential Source-Separated Collections Curbside Drop-Off I Multi-Housing ¢Ootlonal) Total Tons PAPER: 3,000 160 3,160 METAL: 400 500 20 920 GLASS: 800 40 840 PLASTIC: 150 10 160 OTHER: Corrugated 180 25 205 80 80 : ReCycling %1. :: (Total Tons divided bY Res: Waste:Genii:; ;? iiiili ;; ! ii i !: i :: :::i ~ii i: CITY OF MOUND BUDGET REVENUE REPORT Sept. 1994 75.00% GENERAL FUND Taxes Business Licenses Non -Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Charges to Other Departments Sept. 1994 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED 1,231,780 0 611,71 0 (620,070) 49.66% 9,450 20 7,789 (1,661) 82.42% 59,850 9,828 80,753 20,903 134.93% 884,960 2,600 501,41 4 (383,546) 56.66% 49,500 950 9,905 (39,595) 20.01% 65,000 3,913 39,403 (25,597) 60.62% 60,800 632 26,966 (33,834) 44.35% 15,000 162 8,701 ¢6,299) 58.01% TOTAL REVENUE 2,376,340 18,105 1,286,641 ¢1.089,699) 54.14% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND 308,817 28,838 237,819 (70,998) 77.01% 1 08,000 3,267 87,808 (20,192) 81.30% 1,300,000 113,153 1,003,459 (296,541) 77.19% 380,000 35,109 258,563 (121,437) 68.04% 680,000 58,015 505,602 (174,398) 74.35% 5,650 600 1,905 (3,745) 33.72% 72,000 1 O0 72,678 678 100.94% 10/16/94 rev94 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT Sept. 1994 75.00% Sept. 1994 YTD BUDGET EXPENSE EXPENSE GENERAL FUND Council 63,130 7,647 Promotions 2,000 0 Cable TV 1,380 0 City Manager/Clerk 1 80,330 19,544 Elections 11,320 4,464 Assessing 48,350 17 Finance 1 51,080 16,048 Computer 24,200 2,007 Legal 81,500 11,778 Police 795,240 76,503 Civil Defense 5,400 (86) Planning/Inspections 157,850 16,124 Streets 397,520 35,380 City Property 102,860 6,110 Parks 136,620 14,993 Sum mer Recreation 33,930 0 Contingencies 40,000 1,313 Transfers 134,240 10,026 43,710 0 621 131,215 8,222 50,180 110,213 15,783 70 485 557 373 I 302 108 539 265 739 67 804 1 O0 630 475 5,187 90,240 VARIANCE 1 9,420 2,000 759 49,115 3,098 (1,830) 4O 867 8 417 11 015 237 867 4 098 49.311 1 31 781 35 056 35 990 33,455 34,813 44,000 PERCENT EXPENDED 69.24% 0.00% 45.00% 72.76% 72.63% I O3.78% 72.95% 65.22% 86.48% 70.09% 24.11% 68.76% 66.85% 65.92% 73.66% 1.40% 12.97% 67.22% GENERAL FUND TOTAL 2~366~950 221~868 1~627~718 739~232 68.77% Area Fire Service Fund 240,190 26,859 158,841 81,349 66.13% Recycling Fund 104,330 10,197 102,641 1,689 98.38% Liquor Fund 190,840 19,017 145,775 45,065 76.39% Water Fund 834,990 109,376 554,472 280,518 66.40% Sewer Fund 1,390,280 87,932 922,362 467,918 66.34% Cemetery Fund 5,240 0 3,038 2,202 57.98% Docks Fund 53,680 6,848 45,204 8,476 84.21% exp94 10/17/94 G.B. RECEIVED 1 3 JJJ LAKE MINNETONKA CONSERVATION DISTRICT Eurasian Water Milfoil Task Force Agenda 8:30 am, Friday, October 21, 1994 Norwest Bank Bldg., Conference Rm 135, Wayzata 1. Introductions, temporary chair Gene Stron~nen 2. Review, accept/amend minutes of 8/16/94 as mailed; o LMCD operations report, Gene Strommen: a. 1994 Lake Minnetonka milfoil harvest closing report, per advance copy; b. Introduction to LMCD explorations to contract the harvest program to an independent contractor for 1995 o MN DNR report: a. Minnesota Conservation Corps report on inspection of watercraft and equipment at infested lakes, Tom Hagle; b. DNR update on Eurasian water milfoil monitoring, control, Chip Welling; c. Additional DNR milfoil priorities; Zebra Mussel and Exotics Action Plan Subcommittee report per meeting of 10/19/94 (preceding this meeting); 6. Hennepin Parks update, John Barren; 7. Lake association reports; 8. Additional business; Discussion of priorities, further Task Force direction, next meeting; MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION OCTOBER 13, 1994 Present were: Chair Carolyn Schmidt, Commissioners Marilyn Byrnes, Peter Meyer, David Steinbring, Janis Geffre, Mary Goode, and Bill Darling, Parks Director Jim Fackler, and Secretary Peggy James. Commissioner Tom Casey was absent and excused. Council Representative Andrea Ahrens was absent. The following persons were also in attendance: none. MINUTES MOTION made by Byrnes, seconded by Geffre to approve the Park and Open Space Commission Minutes of September 8, 1994 as written. Motion carried unanimously. AGENDA CHANGES Chair Schmidt added the following items to the agenda for discussion: Bluebird Recovery Program Report Community Education Task Force Report Economic Development Commission, Promotions Task Force, Report by Carolyn Schmidt It was determined that Winter Dock Storage and the Planting Policy will be discussed at the November meeting. Schmidt noted that the September Minutes indicated that Ahrens requested a list of the locations where the stairways are to be constructed on the commons. Fackler stated that he mailed Ahrens a copy of the list. For their information, Fackler distributed copies of the list of locations to the Commission. PROPOSED CHANGES TO DOCK LOCATION MAP - DISCUSSIOH The Dock Inspector, Tom McCaffrey, reviewed the recommended changes to the 1995 Dock Location Map. A public hearing will be held at the November Park Commission Meeting. The Council must consider the proposed changes by January 15 of each year. 1. REMOVAL OF DOCK SITE//33120. Dock Site #33120 at 4536 Denbigh Road has reverted to private lakeshore due to erosion of the shoreline, as indicated on the survey dated August 16, 1994. This survey shows the corner stakes of 4536 Denbigh Road are in the water. It is recommended Dock Site #33120 be deleted from the City of Mound Dock Location Map. McCaffrey noted that there is one other site further down on this shoreline that has the same situation and is now considered private shoreline. c//oy Park and Open Space Commission Minutes October 13, 1994 Fackler reviewed the possibility of reclaiming the land by filling and getting permission from the DNR. 2. ADDITION OF ONE OR TWO DOCK SITES AT LOST LAKE PARK. Several people from the Lost Lake area have requested that we add additional dock sites at Lost Lake Park. Please note the Park Commission Minutes of December 15, 1987 in which nine dock sites were originally recommended, and the City Council Minutes of January 26, 1988 when only six sites were approved. McCaffrey stated that it appears there could be room for one addition dock at each end of the existing docks. He suggested that the property irons will need to be located to verify the available space. The Parks Director added that he thinks there will only be enough room for one sided dockage on each dock, due to the cattails. The rationale previously used by the Council to reduce the number of docks was reviewed to be the amount of boat traffic, which was noted to be a moot point considering the proposed dockage at the end of the Lost Lake channel. The Commission requested that all the residents in the Lost Lake Addition, and the one house on Bartlett, be notified that this will be reviewed at the November meeting. The secretary noted that it will also be published in the paper. RIPRAP: RED ROCK VS. FIELD STONE Parks Director, Jim Fackler, reviewed his memorandum to the Commission. The differences between the two types of rock, red rock and field stone, were 'discussed. It was determined that the Park Commission would look at the different types of riprap during their annual parks tour scheduled for Spring of 1995, and they would compare the different types of riprap and look at jobs done at different times to compare the amount of deterioration. 1996 PARK IMPROVEMENTS: 1) EDGEWATER PARK, & 2) DUNDEE PARK {TEMPORARY NAME) The Parks Director explained that these two parks have been earmarked in the proposed budget to receive improvements in 1996, and at this time he is only looking for suggestions for improvements. Fackler suggested that the neighbors of each park be notified and be given the opportunity to express their feelings on the parks. Fackler noted that surveys of each park will need to be completed. The parking issue at Edgewater Park will need to be addressed. Geffre suggested a sign be placed on the fence side, or Edgewater Drive side of the park, and noted that the stairs are difficult to see. Fackler explained that land restoration will be a first priority at Dundee; apparently there is an old foundation from a house on this lot. Some tree trimming is also needed. Park and Open Space Commission Minutes October 13. 1994 If it is found that playground equipment is wanted at either park, Jim would like to be able to order the equipment by January. He has already reserved the Minnesota Tree Trust to do any playground installations. The Commission determined that the neighbors of each park should be notified and this issue can be brought back for discussion at the November meeting. WlNTERFEST Schmidt recalled that Bill Darling was going to send letters to the local organizations about a sponsorship for the event. Darling reported that the letters were just sent and he has not had a response yet. ECONOMIC DEVELOPMENT COMMISSION (EDC) - LOST LAKE PROMOTIONS TASK FORCF Carolyn Schmidt informed the Commission that she is a member of the Lost Lake Promotions Task Force as a representative of the Park Commission. The development plan for Lost Lake was displayed and she explained it. She indicated that the Task Force is seriously looking at obtaining the adjacent land currently owned by Balboa. They initially plan to develop the land for use by the Farmer's Market. There is no money for development, the only monies they have is the grant for the dredge. The Commission discussed ideas for development, use, and funding. Park Director's Report. Jim Fackler reported that the maintenance crew is getting prepared for winter. The skating rink being developed by the hockey boosters by the pond arena was discussed. Fackler noted that he has not been updated on the activities, and the last he heard, they wanted the City to help with maintenance. It was noted that they are now proposing a bubble to be constructed over the rink to help with weather issues. Dock Inspector's Report. Dock Inspector, Tom McCaffrey, informed the Commission that he is getting ready to make his rounds to inspect for dock removals. Bluebird Recovery Pro.qram Report Peter Meyer reported on the' results of the first year of the Bluebird Recovery Program in Mound's Parks. Out of 14 total boxes, there were nine bluebird families, however, no babies were hatched. The season went well and there was no vandalism. The swallows did better than the bluebirds, but he is hopeful that next year will be better. Community Education Task Force Was not discussed. MOTION made by Byrnes, seconded by Steinbring to adjourn the Park and Open Space Commission Meeting at 9:03 p.m. Motion carried unanimously. 3 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION OCTOBER 10, 1994 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Bill Voss, Mark Hanus, Lisa Crum, and Ed Surko, City Council Representative Liz Jensen, City Planner Mark Koegler, Building Official Jori Sutherland and Secretary Peggy James. Commissioner Jerry Clapsaddle was absent and excused. The following people were also in attendance: Pat Osmonson and Gunnar Oas. MINUTES The Planning Commission Minutes of September 12, 1994 were presented for approval. MOTION made by Weiland, seconded by Hanus to approve the Planning Commission Minutes of September 12, 1994 as written. Motion carried unanimously. CASE #94-70: HAPPY GARDEN RESTAURANT, SANG CAM KYt 2212 COMMERCE BLVD., LOT 4, BLOCK 1, COMMERCE PLACE, PID #13-117-2333 0081. CONDITIONAL USE PERMIT FOR CLASS IV RESTAURANT,NON-INTOXICATING LIQUOR SERVICE RESTAt JRANT. PUBLIC HEARING. The applicants were not present. Building Official, Jori Sutherland, reviewed the City Planner's report. Happy Garden Restaurant is moving to the space in Commerce Place previously occupied by Lovin Oven. The restaurant requires a conditional use permit because they propose to serve "non-intoxicating liquor" which includes wine and 3.2 beer. Building permits have been issued. The restaurant, without the wine and beer, is a permitted use in the B-1 zone. The City Planner's report addresses parking issues, and one of his suggestions is that the City and the JRW Properties, owner of the center, may want to examine the possibility of either establishing two or three parking spaces for short term parking near the restaurant. Sutherland explained that there is a pull-in area at the rear of the building, however, the Fire Department designated a fire lane surrounding the building and this may cause a conflict. This issue would need to be reviewed with the pertinent departments, at a staff level. Staff recommended that the Planning Commission recommend approval of the conditional use permit to allow the operation of the Happy Garden Restaurant as a Class IV restaurant in Commerce Place. The recommended approval is contingent on the following conditions: Happy Garden Restaurant shall comply with all applicable building, health and fire code requirements. 2. Garbage and waste from the restaurant shall be handled and disposed on in conformance with applicable ordinance requirements. Planning Commission Minutes October 10. 1994 The granting of this conditional use permit allows operation of the restaurant only, liquor service shall be in conformance with the licensing requirements of the City of Mound. Mueller expressed a concern about how the wastes from the restaurant will be disposed of. It was noted that the door at the back, off the kitchen area, leads to a hallway which leads to an exit door at the rear of the building where the dumpster area is located. Concern about the amount of waste was expressed. The Building Official stated that staff has worked with the building owner on this issue in the past, and if additional pick-ups are needed in order to maintain the dumpster area, then it will be done. In addition, if the enclosure area was enlarged, this would reduce available parking. The zoning district of the privately owned property located to the east of Commerce Place was questioned. Chair Michael opened the public hearing. There being nobody present to speak on the issue. Chair Michael closed the public hearing. MOTION made by Weiland, seconded by Voss to recommend approval of the Conditional Use Permit for Happy Garden Restaurant, as recommended by staff, including the listed conditions. Hanus asked that the motion include the suggestion, as stated in the Staff Report, about the City and JRW examining the possibility of establishing two or three short term parking spaces. Hanus also asked for clarification on the zoning district of the property to the east. Due to the fact that the applicants were not present, and nobody else was present to speak on the issue, the Chair suspended discussion on this case in order to discuss the next case on the agenda since those applicant's were present. CASE #94-71: PATRICIA OSMONSON, 4784WILSHIRE BLVD. & 2745TYRONE LANE, LOTS 10 - 16, BLOCK 28, SETON, PID #19-117-2323 0101 & 0102. MINOR SUBDIVISION. Building Official, Jon Sutherland, reviewed the City Planner's report. In 1972 the subject division was proposed by an Attorney for Ms. Osmonson who also sold her the property. The Attorney sent the division to the County, and the County sent the division to the City for approval, however, the City apparently never responded to the request. The County sent a Title to Ms. Osmonson and she thought the issue was settled. Subsequently, during the recent sale of her property, it was realized that the division was never recorded. Basically, the subdivision is the only reasonable way to resolve the problem. 2 Planning Comrniss/on Minutes October 10, 1994 It may be possible that the lot line between parcels 1 and 2 could possibly be shifted to provide a conforming setback to one of the detached garages. It is evident that variances will need to be granted. The applicant is in the process of getting an updated survey. Staff recommended that the Planning Commission recommend approval of the proposed minor subdivision subject to the following conditions: The lot line separating Parcels 1 and 2 shall be located in a manner that results in conforming setbacks for the lot containing the two family home and detached garage (Parcel 2). Variances are hereby approved for the required side yard setback for the single family home and garage on Parcel 1. The applicant clarified that the house on Parcel 1 is also a duplex. The location of the line separating Parcels 1 and 2 was discussed. It was suggested that it may be better to have an equal amount of space between the lot line and the garages, such as 3' and 3', versus one garage having a conforming 4' setback, and the other garage having only a 2' setback. It was clarified that each parcel will probably be nonconforming regardless, due to lot area. The Building Official suggested that the statement "If possible" be added to the beginning of condition #1 in the staff recommendation. Jensen commented that she would like to see Parcel 2 without variances, if possible. MOTION made by Mueller, seconded by Hanus, to recommend approval of the proposed minor subdivision subject to the following conditions: If possible, the lot line separating Parcels 1 and 2 shall be located in a manner that results in conforming setbacks for the lot containing the two family home and detached garage (Parcel 2). o Variances are hereby approved for the required side yard setback for the two family home and garage on Parcel 1. Motion carried unanimously. This request will be reviewed by the City Council on October 25, 1994. 3 Planning Commission Minutes October 10. 1994 CONTINUED .... CASE #94-70: HAPPY GARDEN RESTAURANT, SANG CAM KY, 2212 COMMERCE BLVD., LOT 4, BLOCK 1, COMMERCE PLACE, PID #13-117-23 33 0081. CONDITIONAL USE PERMIT FOR CLASS IV RESTAURANT, NON-INTOXICATING LIQUOR SERVICE RESTAURANT. PUBLIC HEARING. Chair Michael re-opened discussion on this case. Michael reminded the Commission that a motion was on the floor for staff recommendation. Mueller suggested tabling this request in order to obtain more information. The Commission discussed the fact that this request would not be in front of them except for the beer and wine issue. Mueller compared this request to other similar requests and noted that parking was always an issue. Mueller would like to see more figures on current parking and what the proposed use will do to their parking situation. Sutherland commented that during conversations with the City Planner, he stated that it is a non-issue, and that the parking for Commerce Place was approved when it was developed. Hanus questioned how many spaces would be required for Commerce Place today, based on the current code. Sutherland noted that this would require research. Hanus noted that if there proves to be enough spaces designated for the current uses, this is a non-issue, but if not, then there is a problem. He also questioned if it is right to hold back a request to sell beer and wine for a parking issue. Placing a condition on the conditional use permit regarding parking was discussed. It was noted that information relating to the hours of operation and the number of employees was not provided by the applicant. Mueller questioned how the parking would be addressed if a restaurant with full liquor service was proposed, and the seating capacity was much greater. What is the difference from this request? He believes parking issues should be addressed. The history of the parking lot approval for Commerce Place was discussed. Sutherland noted that in the Zoning Code, required off-street parking spaces for restaurants is "at least one (1) space for each three (3) seats based on capacity design." Therefore, a seating capacity of 42 seats results in the requirement of approximately 14 parking spaces, according to the Zoning Ordinance. Overflow parking areas, such as the church parking lot located across the street, was discussed. Weiland noted that it was his understanding the medical center employees have an agreement for parking on the church property across the street. Jensen recalled that the number of parking spaces was a concern when Commerce Place was created. She believes there is a potential for existing downtown businesses to feel "put-out" if the parking issue is not addressed, because the JRW Properties was a member of the CBD Parking Program but did withdraw because they indicated that they were able to handle all of their parking on their own property. It may be appropriate for the Planning Commission to 4 Planning Commission Minutes October 10. 1994 consider additional language that would require JRW to expand their parking area should the parking become a problem because of the success of this or any other business in the area. An option may be to have them re-join the CBD Parking Program. Jensen summarized, that even though Happy Garden could open their restaurant without a liquor license, when a conditional use permit is applied for, the City is given the opportunity to address other issues if there are negative aspects, and this is the City's chance to explore the need for conditions on the approval. Hanus asked the maker of the motion if they would accept an amendment suggesting JRW to examine the possibility of establishing two or three short term parking spaces to accommodate the take-out business for Happy Garden. Weiland accepted the friendly amendment. MOTION FAILED 2 TO 6. Those in favor were: Voss and Weiland. Those opposed were: Mueller, Surko, Michael, Jensen, Hanus, and Bird. Voss and Weiland requested that each commissioner list their reasons for opposition. Each Commissioner stated their reasons, which included: The opening of the restaurant will not be delayed as the Council's Public Hearing is still scheduled for November 9, and the Planning Commission can review the parking issues prior to this scheduled hearing. The restaurant can open without liquor service. Parking has been an issue on other similar requests, and the Commission needs to be consistent. It appears that there may already be a parking problem, and it should be investigated how the additional service of beer and wine will affect the parking situation. A conditional use permit should not be approved until the ramifications of not addressing the parking issue can be understood. It was suggested the item be tabled. Everyone was in favor of the restaurant. The City needs to be sensitive about how parking needs will be affected by this new use and future uses. 5 1111 Planning Commission Minutes October 10, 1994 Jensen moved to reconsider. Mueller seconded the motion. Motion carried 6 to 2. Those in favor were: Mueller, Surko, Michael, Jensen, Hanus, and Bird. Voss and Weiland opposed. MOTION made by Hanus to table the request and direct staff to research and determine what the current parking requirements are for the shopping center based upon the current configuration, and bring it back for discussion at the next possible meeting. Jensen seconded the Motion. The Chair briefly reviewed the Roberts Rules. Jensen withdrew her second to the motion. Motion failed due to lack of a second. Mueller stated that more information needs to be provided by staff on existing parking and on the history of the Commerce Place parking. Weiland also requested information on Mound Medical employees using the church parking lot, and the possibility of working with the church. MOTION made by Mueller, seconded by Hanus to table the request. Motion carried 6 to 2. Those in favor were: Mueller, Surko, Michael, Jensen, Hanus, and Bird. Voss and Weiland opposed. CITY COUNCIL REPRESENTATIVE'S REPORT Liz Jensen reviewed the September Council Meeting Minutes. MOTION made by Mueller, seconded by Voss, to adjourn the meeting at 9:07 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 6 RECEIVED OCT I 3 1994, October 11, 1994 Dear _~z~/0 (~ ~, The Social Justice Committee has scheduled a special meeting to discuss one of the most important and urgent issues facing our metropolitan area, the growing disparity between the cities and suburbs. Joe Sullivan and Ronaid Krietemeyer from the Office for Social Justice will convene the session at 7:00PM, Thursday, November 3, here at Saint Olaf. "Metro Future...Cities and Suburbs...Creating Common Ground" will focus on this problem that involves issues of housing, economic development and race. You are invited to come, learn more about this issue, find out how it affects our community and help shape effective action that will keep social justice principles at the heart of the debate. We will examine questions such as... Why does the Twin Cities rank so poorly with other cities in economic, social and racial disparity between cities and suburbs? What happens when these trends are allowed to continue? How do some zoning laws keep Iow and moderate income families from living in certain communities? How do taxpayers in the central cities subsidize development in upper-income second- tier suburbs? VVhat public policy responses are needed? VVhat is being proposed? VVhat actions can individuals and parishes take to get involved? We urge you to set aside Thursday, the 3rd of November, from 7:00-9:30PM, and join us for what promises to be a meaningful evening. For more information, please call the Office for Social Justice (291-4477). Sincerely, F/ather John Forliti, Pastor Saint Olaf Catholic Church Vicki Costello, Jean'n_.,d Connelly, Co-Chairs Saint Olaf Social Justice Committee RECEIVED OCT 1 g 1.,gg4 BOARD OF DIRECTORS PRESIDENT Craig R, Rapp Brooklyn Park VICE PRESIDENT Joan Campbell Minneapolis PAST PRESIDENT David M. Childs Minnetonka DIRECTORS Bill Bamhart Minneapolis Jack Denzer Cottage Grove Tom Egan Eagan Ray Faricy SL Paul Marie Grimm St. Paul Coral Houle Bloomington Susan Hoyt Falcon Heights Jerry Unke Mounds View Joan Lynch Shakopee Gerald Otten New Hope Jim Prosser Richfield Mary Raymond Deephaven Kirk Schnitker Champlin Charlotte Shover Burnsville William Thompson Coon Rapids Elwyn Tinklenberg Blaine EXECUTIVE DIRECTOR Vern Peterson as ociat!.on of metro tan · .po!.. mun apal hes October 17, 1994 TO: FROM: Managers/Administrators Roger Petersobi"Director of Legislative Affairs RE: Changes to proposed 1995 Legislative Policies and Priorities packet. The Board of Directors at its October 13, 1994 meeting made policy change recommendations for membership consideration as indicated below. Please make copies of these changes for your Mayor and Council Members. Previously mailed policy with these changes will be considered at the AMM Policy Adoption Meeting November 3, 1994 at the Royal Cliff Banquet Facility in Eagan. If you have any questions, please contact either Veto Peterson or Roger Peterson at 490-3301. 1. III-A-6 Metropolitan Housing Policy (pages 19 and 20) Policy statement (C) 2) describing possible funding sources for the metropolitan enterprise fund on page 20 was deleted in its entirety and (C) 3) renumbered to (C) 2) and amended to read as follows: "The Revenue Sources for this enterprise fund should consist of a combination of state general fund appropriation and metropolitan raised revenue. If the 1995 Legislature does move forward with the metropolitan enterprise fund concept, the AMM Board will recommend a preferred regional funding source (s)." III-B-6 Other Development tools (page 28 and 29) The fu'st bold face type policy statement dealing with property tax abatements was deleted. IV-H-4 (should be IV-G-4) WATER TESTING CONNECTION FEE (page 41 and 42) The fu'st sentence of the background section on top of page 42 should read as follows: "The State's Safe Drinking Water Act contains a per hook-up fee of $5.21 passed in Laws of Minnesota 1992, Chapter 513, Article 6, Section 2 which is to be used to pay for water supply testing as 3490 lexington avenue north, st. paul, minnesota 55126 (612) 490-3301 mandated by Federal Law." Transportation Policy (pages 50 and 56) - Typos A. Policy V-A page 50. Bold paragraph, line 3, replace NW with NEW to read NEW STREET.. B. Policy V-L page 55 and 56. Bold paragraph starting BUS SYSTEMS AND ...... replace LAT in line 1,6, and 8 with LRT and delete D in line 6. MINUTES - ECONOMIC DEVELOPMENT COMMISSION - SEPTEMBER 15, 1994 The meeting was called to order at 7 am. Members present: Paul Meisel, Ken Smith, Stan Drahos, Jerry Longpre, Mark Brewer and Dave Willette. Absent and excused: Jerry Pietrowski. Also present: Sharon Cook; Marge Friederichs of the Westonka Chamber; Mayor Skip Johnson; John Cameron, City Engineer; Bruce Chamberlain, Economic Development Coordinator; Gino Businaro, Finance Director; Carolyn Schmidt, Chair of the Parks and Open Space Commission and Ed Shukle, City Manager. Upon motion by Brewer, seconded by Smith, and carried unanimously, the Minutes of the August 18, 1994 meeting were approved. Discussion focused on the ISTEA grant award. Bruce Chamberlain, Economic Development Coordinator, reviewed a proposed work program and schedule for the Lost Lake Canal rehabilitation project. He indicated that John Cameron is completing a similar work program for the Auditor's Road Improvement Project. With regard to the public understanding and budgeting, it was stressed that the two projects be kept separate. In regard to staff coordination, the projects can and should be carefully coordinated as a single pursuit. Chamberlain went on to indicate that the work program for the Lost Lake Project has been divided into "rounds" to help define tasks which would be accomplished in a given block of time. A team meeting will be held at the end of each round to determine project standing and coordinate the upcoming round. Reports will also be given at these times to the Economic Development Commission for their review and consideration. The work program and schedule reflected the period August 1994 to December 1994, January 1995 to May 1995, June 1995 to October 1995, November 1995 to July 1996, August 1996 to October 1997. Various tasks were reviewed within each of those time frames. Chamberlain then entertained questions with regard to the proposed work program and schedule. Following Chamberlain's presentation, John Cameron, City Engineer, presented a similar work program as it pertained to the Auditor's Road Improvement. Cameron entertained questions and then some discussion was held. Following that discussion, it was moved by Smith and seconded by Brewer to accept the reports as presented by the Economic Development Coordinator and City Engineer and to recommend that the City Council approve the proposed work programs and schedules for both projects so that they can be underway as soon as possible. A report from the Lost Lake Promotions Committee was given by the City Manager. Shukle indicated that the committee was very excited about moving forward and promoting the project. He said that they discussed the Lost Lake property as it relates to a farmers market. The Committee is interested in making a farmer's market a reality at the current and present location of the city's public works materials. Carolyn Schmidt indicated that she would be willing to sit in on these committee meetings as a representative of the Parks and Open Space Commission. The Parks and Open Space Commission has discussed several times over the past years the use of the Lost Lake property as it relates to the Lost Lake Channel. EDC Minutes of September 15, 1994, Page 2 There being no other business, it was noted that the next meeting of the Commission will be held on Thursday, October 20, 1994, 7 am, City Hall. Mark Brewer is scheduled to bring the rolls. Upon motion by Brewer, seconded by Willette, and carried unanimously, the meeting was adjourned at 8:30 am. City Manager ES:Is I :, i _CEiVE3 OCT Z 4 LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Lake Use and Recreation Committee Meeting: 5:30 P.M., Monday, October 17, 1994 Members Present: Bert Foster, Chair, Deephaven; James Grathwol, Excelsior; Joseph Zwak, Greenwood; Mike Bloom, Minnetonka Beach; Gene Partyka, Minnetrista; Tom Reese, Mound; Herb Suerth, Woodland, Ross McGlasson, appointee, Tonka Bay; Eugene Strommen, Executive Director, Leann Fenske, Recorder. Hennepin County Sheriff's Water Patrol Joint Cooperative Agreement with Hennepin County, consideration for renewal on the same terms as initiated in 1992, with supplemental recommendations per draft memorandum. Chair Bert Foster recommended to the committee that no changes in the Joint and Cooperative Agreement with Hennepin County should be made at this time. He emphasized that all of the points addressed in the agreement and supplemental recommendations per the draft memorandum were thoroughly discussed at the Hennepin County Sheriff's Water Patrol Operational and Annual Contract Agreement Review meeting held on Wednesday, October 5th, attended by Sergeant Bill Chandler, Captain Larry Peterson and Inspector Mike Postle. Reese expressed concern that the Water Patrol was not represented at this Lake Use & Recreation Committee meeting. Foster responded that sheriff representation was discussed during the 10/5 meeting and following the Operational and Contract Review meeting. Foster had informal discussions with Inspector Postle about having the water patrol present at the Lake Use and Recreation meetings. The Water Patrol representative could be first on the agenda to present the monthly activity report which could be followed by agenda items in which the water patrol's input would be helpful to the LMCD committee. The Water Patrol representative could then leave and the committee could take up other agenda items. Bloom spoke of previous meetings that were represented by the Water Patrol, observing that their attendance was not applicable to many of the points of discussion. Strommen called the committee's attention to Item 5 of the -1- LAKE USE AND RECREATION COIOfITTEE October :1.7, :1.994 Draft Memorandum where "The Water Patrol agrees to continue to provide the LMCD with monthly enforcement information pertinent to Lake Minnetonka". In the meeting on October 5th it was agreed that the LMCD staff and the Water Patrol staff will coordinate Lake Use and Recreation Committee concerns for scheduling Water Patrol attendance on an as needed basis at the Lake Use and Recreation Committee in lieu of regular attendance. It was further agreed that the Water Patrol and the Prosecutor would attend two board meetings a year to report in person on the boating season and then the winter season. Zwak suggested notifying the Water Patrol and including them on certain meeting agenda's only when the issues being discussed affect them directly versus mandatory attendance at every scheduled LMCD committee and board meeting. Bloom concurred with this procedure. Reese stated he would prefer to see a verbal presentation on Water Patrol activities. He expressed the need for committee dialogue about this detailed, information. Foster said he would speak further with Sheriff representatives regarding this concern. MOTION: Partyka moved, Grathwol seconded to recommend the contract and draft memorandum to the board for approval. VOTE: Motion carried unanimously. Third reading of draft ordinance, 8.ct. 3.07, Watercraft for Hire, adding Coast Guard Safety Standards in new subdivision $ through 9. MOTION: Zwak moved, Partyka seconded to recommend the third reading of the subject draft ordinance to be forwarded to the board at the October 26 meeting. VOTE: Motion carried unanimously. Third reading of draft ordinance amending Sect. 3.09 Special Events, changing licensing authority for special events to the Sheriff, providing Sheriff with criteria which may be considered in determing whether or not a special event license should be granted. MOTION: Zwak moved, Grathwol seconded to recommend the third -2- LAKE USE AND RECREATION COMMITTEE October 17, 1994 reading of the subject draft ordinance to be forwarded to the board at the October 26 meeting. VOTE: Motion carried unanimously. 4. Sheriff's Water Patrol Activity Report The committee received the Water Patrol report of significant activity from 9/13/94 to 10/16/94. A question was raised on a vehicle recovered by the Dive Team 9/17 as to whether it was a recent or previously sunken vehicle. Staff will inquire. The report was accepted and will be forwarded to the board. 5. Speci&l Events Refunds MOTION: Reese moved, Zwak seconded, to recommend the approval of the special event deposit refunds of $100.00 to the following: Denny Nelson Tournaments, ($100 for the combined events) - Wednesday Evening Bassin', 6/1 through 8/17 - Denny's Super 30 Bass Tournament, 6/5, 7/23 - Denny's Super 30 Bass Tournament, 9/25 Bo Limited Bass Predator Classic, Michael Fonseca, ($100 for the combined events) 7/9, 8/14, 8/27, & 8/28. VOTE: Motion carried unanimously. 6. Additional Business LMCD Code, Chapter III, Section 3.10, Water Skiing, Subd. 1, Observers Required. Reese moved to recommend removal of the observer requirement from sunrise on Monday's through noon on Friday's during the period between Memorial Day and Labor Day and removing the observer requirement prior to and following Labor Day. He noted that state law does not require an observer. Zwak and Partyka were not in favor of the motion expressing safety concerns involved in removing this observer requirement. Bloom concurred with Reese, noting this recommendation would result in the elimination of weekend traffic on the lake by water skiers who would practice during the week when no observer would be required. -3- L~KE USE ~ND RECREATION COIOflTTEE October L7s L994 Grathwol would favor the motion only on the condition that more study be done as it related to the safety issue and also to maintain compliance with the state law. He added also the consideration that a public hearing be held on this matter. Reese also favored a public hearing. Suerth recommended procurring accident history reports from the Water Patrol for an in depth study on the safety issues being addressed. McGlasson commented that observer requirements on Lake Minnetonka would not provide the accident'comparison LMCD would be seeking. Instead, LMCD should ask for accident records on lakes where observers are not required. Foster recommended that Reese and Bloom research the current ordinance regarding observer requirements and report their findings and recommendations to the committee at the next lake use meeting. Staff was asked to gather state water ski accident reports of the DNR and similar accidents in Hennepin County recorded by the Water Patrol. Following this discussion, Reese withdrew his previous motion which did not receive a second. 6. Additional Business (continued) THE ~992 LAKE MZNNETONKA LAKE ACCESS TASK FORCE REPORT ~HPLEI~ENTAT~ON. Grathwol invited the committee's attention to a further review of the Lake Access Task Force Report implementation which the Lake Use and Recreation Committee is now responsible to assure takes place. Foster commented that the Lake Access Task Force (LATF) study results and report have been forwarded to this committee by the board. He sees the need for a committee procedure to accomplish the next steps. LATF data on car/trailer parking spaces relating to all public accesses on the lake are in the study files, Foster and Strommen concurred. This data is the source from which city and agency public access car/trailer parking spaces will be identified, Strommen added. Strommen pointed out that the City of Mound is ready to move ahead with their car/trailer parking agreement for about 32 spaces. Additional cities or agencies with which car/trailer -4- L]~KE U~E ~ I:tE(~I:tF~T'T'ON COI~I,~TTTEE OC~o~e= Z?, Z994 parking agreements are pending are Deephaven, Wayzata, and Hennepin County. The Maxwell Bay/DNR access in Orono is still under negotiation. Marinas are also a potential source of future car/trailer parking availability, Grathwol added. Foster' and Strommen agreed to develop a procedure which it can present to the committee in dealing with the LATF report recommendations. 7. &djourn~ent Chair, Bert Foster declared the meeting adjourned at 6:30 P.M. FOR THE COI41~ITTEE: Eugene R. Strommen Executive Director Bert Foster Chair -5- -- ' JI ,,I H I I iii, I JI, LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:30 PM, Wednesday, October 26, 1994 Tonka Bay city Hall, 4901 Manitou Rd CALL TO ORDER ROLL CAL CHAIR ANNOUNCEMENTS, Johnstone READING OF MINUTES - 9/28/94 Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min) CONSENT AGENDA - Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests an individual discussion of any item. In that case the item will be removed from consent agenda and considered as a specific item. COMMITTEE REPORTS WATER STRUCTURES, Chair Babcock * A. Approval of minutes, 10/8/94 meeting Bo Draft Ordinance to Establish a Special Rule for Continuous Shoreline of Dock Use Areas in Close Proximity, recommending review as amended; Ce Boyer Building Corp. new multiple dock license application for Pelican Point Development, Spring Park Bay, City of Mound, recommending approval based upon adoption of the ordinance identified in Agenda Item 1.B and the following conditions: 1) Not requiring an Environmental Assessment Worksheet (EAW) unless the board etermines than an EAW is necessary; 2) Sufficient water depths for all dock slips; 3) Significant construction progress of buildings on land to support installation of docks on the outlot; 4) Covenants dedicating all of the lakeshore by an easement. 5) Dock lighting meeting LMCD lighting requirements to avoid offensive impacts on the lake; De Ee Third Draft of an ordinance to Establish Planned Usage Development (PUD) Procedures and Standards and a Definition for Public Piers as amended 10/8/94 with consideration for holding a public hearing of the draft as amended; Draft Ordinance amending Sect. 2.07 Temporary Structures; recommending approval of second reading reading; F. Additional Business e LAKE USE AND RECREATION, Chair Foster * A. Approval of minutes, 10/18/94 meeting Be Hennepin County Sheriff's Water Patrol Joint and Cooperative Agreement with Hennepin County, recommending approval of the Joint and Cooperative Agreement and memorandum supplementing the agreement as drafted to Sheriff's Inspector Michael Postle; LMCD Board of Directors, Agenda, 10/26/94, P. 2 Draft Ordinance amending Sect. 3.07, Watercraft for Hire, adding Coast Guard safety standards ink, new subdivision 5 through 9, recommending approval of the third reading for final adoption and publication; * D. Draft Ordinance amending Sect. 3.09 Special Events recommending approval of the third reading for final adoption and publication; * E. Special Events - Deposit Refunds @ $100 each; recommending approval of deposit refunds to the following: 1) Denny Nelson Tournaments, Wed. Eve Bassin',3 Super 30's 2) Limited Bass Predator Classic, M. Fonseca, 4 Tourn. * F. Hennepin County Sheriff's Water P&trol Aotivity Report G. Additional business SAVE THE LAKE ADVISORY COMMITTEE, Chair Mollet A. Progress report on mail solicitations compared to budget; B. Progress on "Visions Statement" for reserve fund; e EURASIAN WATER MILFOIL TASK FORCE, Executive Director Strommen A. Approval of minutes of 10/21/94 meeting (handout) B. Overview of Zebra Mussel and Exotics Action Subcommittee; C. Progress on drafting an RFP for contracting milfoil harvest; ADMINISTRATIVE COMMITTEE, Chair Johnstone * A. Approval of minutes, 9/28/94 meeting B. Report of 10/26/94 meeting FINANCIAL REPORTS, Treasurer Rascop A. September Balance Sheet B. Year to Date Financial Summary C. Audit of Vouchers for Payment (meeting handout) EXECUTIVE DIRECTOR REPORT, Strommen A. Progress on candidate selection for Administrative Technician B. Review of combined November/December meeting calendar; C. MN Lakes Assn. Annual Conference, 10/28-29, Alexandria NEW BUSINESS A. Presentation of board officer nominees, call for further nominations or close nominations B. Election of officers C. Chair appointment of standing committee and subcommittee chairs D. Additional business ADJOURNMENT RECEIVED Z 4 191 . LAKE MINNETONKA CONSERVATION DISTRICT Administrative Committee Meeting Notice and Agenda 6:30 pm,. Wednesday, October 26, 1994 Tonka Bay City Hall 1. Review of 9/28/94 meeting report; 2. Comments on Mayor's Report of 9/30/94; o Review procedure for conducting a public hearing of the Public Pier Ordinance to Establish Planned Usage Development (PUD) Procedures and Standards and a Definition for Public Piers; o Proposal to adjust Eurasian Water Milfoil budget line item to transfer funds within the existing budget to provide for surmner operating and preventive maintenance mechanical repair for 1995; STAFF MEMO: Preparation of a Request for Proposals to contract milfoil harvesting is still under review; Chair review of board member appointments as committee and subcommittee chairs and invite board members to select committee/subcommittee service for 1995 (starting November) Executive director's report on Administrative Technician selection; 7. Additional business LAKE MINNETONKA CONSERVATION DISTRICT Administrative Committee Minutes 6:30 pm, Wednesday, September 28, 1994 Tonka Bay City Hall Present: Chair Bill Johnstone, Bert Foster, Jim Grathwol, Craig Mollet, Gene Partyka, Tom Penn, Tom Reese, Herb Suerth, Joe Zwak, Executive Director Gene Strom~nen, Adma%. Secretary Leann Fenske 1. APPROVAL OF MINUTES. Minutes were accepted as mailed. MAYOR'S REPORT AGENDA REVIEW. Agenda items were discussed. A staff outline on board actions and progress since May was suggested to be combined among like items. Additional discussion items were proposed to include the Wayzata "Lakewalk" and the Lake Access Task Force report. Johnstone invited Foster to report on Lake Access procedures as they now are assigned to the Lake Use and Recreation committee, to which Foster agreed. o EXECUTIVE DIRECTOR'S REPORT. Administrative secretary Leann Fenske was introduced and welcomed. Applications for the vacant administrative technician position are now being taken. An advertisement in the STAR-TRIBUNE is being supplemented by a direct mail notice and position information to select western Hennepin County suburban city administrators, League of Minnesota Cites and MN Planning and Zoning Administrators Assn. Applications will be taken through October 14, Strommen concluded. Administrative priorities are on target for key services such as license renewals with the present reduced staff. NOMINATING COMMITTEE. A Nominating Committee report for new board officers is ready Chair Penn reported. Candidates to be offered to the board were reported as Johnstone for chair, Babcock for vice chair, Zwak for secretary and Rascop for treasurer. ADJOURNMENT. There being no further business, the meeting was adjourned at 7:20 pm. ~Re~%pectful 1 y~ubmi~ed, '~uge~ R. Stromme~' Exec~ive Director ? :30 P.M., RECEIVED REGULAR BOARD OF DIRECTORS MEETING Wednesday, September 28, 1994 Tonka Bay City Hall DRAFT CALL TO ORDER Chair Johnstone called the meeting to order at 7:30 P.M. ROLL CALL Members Present: Wm. Johnstone, Chair, Minnetonka; Bert Foster, Deephaven; James Grathwol, Excelsior; Joe Zwak, Greenwood; Mike Bloom, Minnetonka Beach; Gene Partyka, Minnetrista; Tom Reese,Mound; Robert Rascop, Treasurer, Shorewood; Douglas Babcock, Secretary, Spring Park; Tom Penn, Vice Chair, Tonka Bay; Craig Mollet, Victoria, Herb Suerth, Woodland. Also Present: Charles LeFevere, LMCD Council; Eugene Strommen, Executive Director. Members Absent: Duane Markus, Wayzata. Orono has no appointed representative. CHAIR ANNOUNCEMENTS Johnstone reported he, Gene Partyka and Doug Babcock attended the dedication of the Hennepin County Regional Park, Minnetrista, on 9/17/94. He said the ceremony was a compliment to this outstanding recreational facility. READING OF MINUTES Zwak moved, Penn seconded, to approve the minutes of the 8/24/94 board meeting as submitted. Motion carried unanimously. PUBLIC COMMENTS Gabriel Jabbour, Orono City Council, reported on public comments made at the Orono City Council meeting, 9/26/94 by the owner of Deering Island. The owner reported he had requested a quiet waters designation at the island from the LMCD and was denied the request. The owner was angry with the City of Orono for not having a representative on the LMCD Board to represent him, and he was also angry with the LMCD for not understanding his request. Jabbour said he told the island owner that he, Jabbour, would have opposed the request. Jabbour has looked into the LMCD Quiet Water Policy. He said it is a comprehensive guideline which he feels has not been followed. He believes it would be appropriate to give more notice to all the affected property owners. The island borders the cities of Spring Park and Mound. The neighboring property owners in this case, should have an opportunity to offer input as to what they would want to see in that area. Jabbour also observed that if a property owner does not want to riprap the shoreline the rest of the community should not have to yield to them. The Orono Council decided not to take action on the request. 1 LMCD BOARD OF DIRECTORS September 28, 1994 Jabbour believes it is important for the Board to look into the quiet waters guidelines and to adhere to them. He said it will not be long before there will be many requests for the quiet waters designation. ~abbour noted a comment from Tom Maple, Minnehaha Creek Watershed District Chair, that high water will be the rule rather than the exception in the future. Jabbour observed, for example, that the wetlands in Orono are completely saturated. There were no other comments from the public. CONSENT AGENDA Babcock moved, Foster seconded, to approve the consent agenda items identified by an "*" on the agenda, adding Item 2.A., approval of the Lake Use and Recreation Committee minutes of 9/19/94. Motion carried unanimously. COMMITTEE REPORTS 1. WATER STRUCTURES, Chair Babcock B. Public Hearing Rnport for the Suburban Hennepin Regional Park District, New Launch Ramp Application. MOTION: Babcock moved, Reese seconded, to approve the new launch ramp at the Suburban Hennepin Regional Park, subject to the ramp being raised to at least the 931.5' flood plain elevation, and the storm drain runoff from the lower vehicle-only parking area be directed from direct runoff down the ramp into the lake. The board received a letter, dated 9/26/94, from Don DeVeau, Landscape Architect, Department of Planning & Engineering, Suburban Hennepin Regional Park District, agreeing to an elevation of 931.0' flood plain elevation at the ramp. DeVeau said the Park District feels the amount of runoff from the ramp and small parking area will be minimal. Bloom asked about the water depth at the ramp. it is about 6.5' at the ramp end. Partyka said MOTION A~f~ND~: Babcock and Reese accepted an amendment to the motion to change the condition for approval from 931.5' flood plain elevation at the ramp to 931.0' Babcock addressed the subject of the storm water runoff. He said the committee's concerns were with the ramp draining into the lake. The committee would like to see a drainage area put in. Partyka said, from a forward looking position, the district should prohibit drainage from the ramp into the lake. The executive director suggested working with park district officials LMCD BOARD OF DIRECTORS September 28, 1994 to continue the discussion with the LMCD and City of Minnetrista officials to see how a drainage system for storm water runoff could be implemented. He said this could be a model for other access ramps. Rascop said the MArDNR has plans and designs to slope ramp drainage away from the lake. The DNR information could help on the parks ramp drainage design. Grathwol suggested the minutes of this meeting should reflect the board's feeling that the last paragraph of DeVeau's 9/26/94 letter, regarding drainage at the ramp, does not satisfy the LMCD's concerns. Babcock asked if the board wants to create a system to drain away from the lake as condition of the ramp license. Reese said he understands the water would drain and filter through the adjacent wetlands. Babcock said the road is designed with a curb and does not have catch basins. The road and lower parking lot will all drain directly into the lake. Babcock added this is not a concern about the last 20' of ramp draining into the lake. Reese said he would not favor more ground construction to handle the runoff. Partyka said the intent is to drain runoff into a holding tank to filter out the oil accumulation. Babcock does not feel the Park District has given enough information on why they cannot do something to control the runoff. Reese favors minimal disturbance to the area to contain the runoff. Johnstone reviewed that the motion calls for the Park District to be notified that they do not meet all of the licensing conditions. Partyka said he does not believe there will be any access construction before winter. VOTE ON MOTION AS AMENDED: Motion carried unanimously. C. Wayzata Lakewalk The board received a third draft of an Ordinance amending the LMCD Code of Ordinances to establish Planned Usage Development (PUD) procedures and standards and definition for public piers from Northwest Associated Consultants. The committee invited board review and comment on the ordinance concept, the specifics of the draft ordinance to be deferred to the next Water Structures meeting if that is the board's recommendation. Babcock explained that the board discussion should be on whether or not the PUD concept is the way to handle projects such as the Wayzata Lakewalk. He said some board members believe that the Lakewalk project could be handled with code amendments and some variances, and if not, why not. Reese said he likes the PUD concept. He believes there would have to be too much "tweaking" with the code which could present problems. Johnstone expressed concern as to whether or not the district needs to have a PUD approach to address a particular 3 LMCD BOARD OF DIRECTORS September 28, 1994 project or could it be apDroached under the current code with amendments and granting waivers (variances). Johnstone would like to know what specific changes would have to be made in the code. Johnstone said, with respect to the Lakewalk, he has rs~ervations about the objectives in the project, and to see if t~ objectives can be accomplished in a way which is far less i~'._rusive on the lake. It seems to Johnstone that the PUD is a d~rivative of a land Planned Unit Development concept. This PUD is before the board only because of the Lakewalk proposal. Reese believes amending the code to meet the objectives of this project creates more problems. Bloom said he has talked to the Minnetonka Beach Mayor. Bloom asked if the PUD proposal is being put ahead of the decision as to whether there should be development such as a Lakewalk. Babcock explained the PUD ordinance draft was developed because the Lakewalk developer asked for concept approval before proceeding with detailed plans. At that point, the board was looking for criteria on "Lakewalks" in general. The inclusion of an ordinance provision for concept approval and final approval gives the district specific criteria and the framework for projects of the magnitude of a "Lakewalk." Babcock believes the ordinance could be used for a public pier, large marina or park. Adjustments in the ordinance could be made by the board. The next step would be to see a plan for the project. Rascop pointed out that the ordinance will call for public hearings. Foster said he supports the idea of the PUD concept. He would be concerned about using the current ordinances for a project such as a large public pier. Grathwol thinks it remains an open question as to whether there should be a Lakewalk at Wayzata. It seems to him there should be a list of changes in the current code which would have to be made by any kind of PUD which would be approved. Grathwol said the district is at a point where the situation for the type of projects coming to the board is changing radically. The board will begin to face projects such as Lakewalk, dredging at Mound, (for its Lost Lake Development) the Carlson property development of 200 or more homes in Minnetrista, and a possible pier at Excelsior. There will be projects which have never been faced before. Grathwol said the Management Plan points out the greatest challenge the district will face in the coming years will be development and redevelopment around the lake. He does not support the PUD ordinance for the Lakewalk necessarily. He would support it in meeting these new challenges. 4 September 28, 1994 LMCD BOARD OF DIRECTORS Partyka does not believe the district ordinances have the mechanism at this time to handle a project such as is being proposed. He believes the Lakewalk is independent of the PUD ordinance proposal. Approval of the ordinance does not mean the district has to approve the Lakewalk. The ordinance is a tool to determine whether the district wants the Lakewalk. Johnstone urged the board to keep in mind that the ordinance develops a procedure for approval of a major project, and part of it develops standards for a public pier. He believes it is important to look at what the current public policies are with respect to putting a major structure in the lake, to see whether we want to depart from those policies, relax or change them in the context of the proposed public pier. Bloom said he believes the proposed PUD ordinance is being developed for the approval of the Wayzata Lakewalk. If it was being drawn up to build water ski ramps or airplane strips, the ordinance would appear substantially different. Babcock said the question before the board is whether the PUD approach should be used. If the board does not want the PUD approach, the committee should not take more time discussing it. If the board wants it, the specifics can be worked out at the committee or board level. Penn thinks the challenge to the board is to identify a process to allow the board to look at the many issued which have been publicly stated. He does not support a Lakewalk of this size. The bigger challenge will be the requests coming to the board in the next five years. He believes the board will need a process to address them. Rascop asked LeFevere to explain what the effect would be of adopting the PUD. He asked if the PUD is adopted, should lake zoning follow. LeFevere said it appears the ordinance is either too little or too much depending on how the individual board members feel about public piers or other potential commercial developments on the lake. If the board wants to allow the Lakewalk with a minimum of bother, conditions can be drawn up to amend the code for the dock width and building structure on the dock, and maybe signage allowances. Special code amendments with public amenities could take care of it. That would be the simplest way. Rascop pointed out that the Lakewalk includes developing a new marina. LeFevere said the proposed amendment does not go far enough to regulate marinas as part of a public pier. It does not give the board control over all Lakewalks or public piers and all the rest of new major structures. Anyone could build this structure under current LMCD ordinances if it remained six feet wide with no structure on it. The proposed ordinance does not go 5 LMCD BOARD OF DIRECTORS September 28, 1994 far enough in providing criteria to deal with new and innovative ideas. The present draft ordinance provides an elaborate way, with a lot of control, of dealing with a proposal that somebody has to come to the LMCD, or because they do not comply with the code. In this case they want more than six feet of width and they want some structures on the dock and so they have to come to t~~ LMCD. In those situations this PUD proposal would give LMCD a ~.~eful and elaborate review process. That is the only sa -~ation that it takes care of. If the board wants to go further and deal with all of these other possible situations that may come up in the future, like simply great big docks, then the board needs more than this. Johnstone asked if a application were received for a very large marina, would the board have the option to say wait we want to use a PUD approach. LeFevere said it would be possible to respond that the application is beyond the scope of the existing ordinance, that it is not sufficient for the proposal and the board could declare a moratorium to take time to look at this. The moratorium could be challenged, but people do not have vested rights to use the lake, especially if they have not yet constructed anything. A new regulatory plan could thus be developed. As an example, LeFevere said the code could include a section that something that has more than "x" lineal feet of dock is not a permitted type of dock. Then a PUD would have to be developed.as the project would be prohibited by the code. If the board wants to include more kinds of proposals into the PUD process, what it has to do, once the PUD mechanism is in place, is to prohibit them in some other part of the code. The ordinance establishes a new set of rules that the PUD considers. It is specific to the structures in the PUD. Johnstone asked if, by adopting the PUD and the standards for a public pier, does that have any effect on the district's ability to be more restrictive in the future. LeFevere said it would not. Scott Richards, Northwest Associated Consultants, Inc., pointed out that the way the ordinance is set up now, it is only for public piers constructed by a governmental agency establishing a procedure and providing specific criteria. Rascop asked if similar ordinances should be set up in advance for large marinas and other structures. Richards responded that the board may want to. Richards added that the City of Wayzata is interested in keeping this process moving. The city has no intention to provide consultant service for other types of structures, however. Richards said the beauty of this process is it works very well on land. It allows for the concept procedure so all of the development information does not have to be supplied in the initial steps. Currently the code does not have that available. There are advantages to the PUD ordinance process. LMCD BOARD OF DIRECTORS September 28, 1994 Foster asked if variances are granted under the code without a PUD would that be setting a precedent as opposed to having the PUD process. LeFevere said the word precedent is used loosely as having a quasi-binding effect on what is decided in the future. It is not a precedent in the legal sense. When a variance is granted, a precedent is not created. However, it could create a political problem, a problem of trust in government. Although it is not a precedent, it can be evidence that the board is acting arbitrarily if it stops granting variances, unless it wants to admit that it made a mistake previously in granting earlier variances. Babcock believes if the Lakewalk is considered under the code, it could be subject to four licenses . a multiple dock, special density, deicing and a permanent dock structure. (Permanent dock license is not required when applying for a multiple dock) It would also require two variances, one for structure on the dock and one for dock width. There may not be a hardship, the applicant may just want to do it that way. How do you justify the variance under the current code in this case? If dock width is the requirement in a dock such as the Lakewalk, handicapped access is grounds for a variance, LeFevere added. That would get this application over six feet requested by the applicant. LeFevere continued that one of the advantages of a PUD process results in the adoption of an ordinance, which establishes a new set of regulations for this development. One of the advantages of doing it that way is that the courts are most likely to defer to the decision of a legislative body acting in a legislative capacity. That is, the court is much less likely to second guess the board when it says it is not going to amend its ordinances. If somebody comes to the LMCD under such a concept as the Lakewalk and asks LMCD to amend the ordinances, that is in the nature of a legislative decision. The courts are much more likely to oppose the board's decision if the board says no, we are not going to amend our ordinances. Whereas if what the board is doing is acting under its existing ordinances and simply issuing permits or licenses, it is not really a legislative decision. It is administrative or quasi-judicial. The court, as in the St. Alban's Bay Marina case, is much more likely to substitute their judgement for that of the board if they do not think the board acted reasonably. That is one of the advantages of going to the PUD concept. LeFevere offered another comment about the PUD concept. is not sure where this leads as to whether this is the best approach for doing what the board wants to do for the Wayzata Lakewalk. He 7 LMCD BOARD OF DIRECTORS September 28, 1994 At least in the land use context, the PUD concept came out of a history where we were all familiar with where lots were divided up into squares of one kind or another, of a certain size, and density was controlled by the size of the squares, and open space was created by front yard and side yard setbacks, etc., that is hew zoning worked and that is how room was left between houses ~ fire protection and other purposes were accomplished by that s._'nple approach. The PUD concept was great for that because it ~ 3vided all kinds of flexibility. LeFevere continued that a PUD has at times slipped into a sloppy super variance process. If the design is not creative or innovative, merely a standard design to secure a smaller front yard or side yard setback, it serves as a way to get around a variance requirement that there has to be a hardship. If no hardship, let's try a PUD. Sometimes it is used that way. In that sense, this PUD concept is not the best or most appropriate for what is going on here. All it really amounts to, if this is the only change that occurs to the code, is that LMCD has established a very elaborate and time consuming and detailed process to accomplish what the board would otherwise do by a variance to allow a 12 foot dock with some building on it. You have not really accomplished very much else. That gets back to the comment that the chair was making. But if you think these are going to come to you in the future, and there will be other proposals or developments where people will need to have variances, this does give the board a lot of control. LeFevere stated he is not sure what the purpose of this PUD is. On land use it serves to allow innovative designs to be considered by the city council. The designs do not meet the code, but the PUD provides protection to the public in some other way. This Lakewalk is not particularly innovative. It is still just a dock, with extra width and has some structures on it. Those are really the only differences between what the code allows and what Wayzata wants to do. Babcock sees the PUD as having two benefits. One is that it provides for a three-stage planning process. It allows certain projects to be weeded out up front without a lot of cost on the applicant's part. Secondly it allows one application to be submitted to the board rather than one for each of the areas that the code calls for today. It also puts all the regulations for a public hearing in one place. LeFevere responded that this PUD does not do that. It only does that if the applicant needs a variance. You can put a public pier all along the whole lakefront if it is only six feet wide and does not have any structures on it. All they need is a commercial dock license. Babcock believes that particular situations could be handled by saying something in the normal code that would restrict structures to something of a certain size. That would cover that loop hole. LMCD could move those kinds of applicants into a PUD application. 8 LMCD BOARD OF DIRECTORS September 28, 1994 LeFevere said that is correct. It would take the additional step. Anything the board wants to force into the PUD, the board would have to outlaw somewhere else in the code. Babcock asked if there was any further comment. He reiterated that the committee is not asking for approval tonight, but to decide if it is worthwhile for the committee to continue pursuing this PUD process. Bloom said he is in favor that the committee go forward. will want time to present the entire picture to his council. He Babcock asked the board for a vote of confidence for the committee to continue considering the PUD process. A unanimous consensus was made in support of the committee continuing. D. Baycliffe Property Owners Association, South Upper Lake, Minnetrista, New Multiple Dock License with Minor changes MOTION: Babcock moved, Johnstone seconded the committee recommendation to approve a new multiple dock license for the Baycliffe Property Owners Association with minor changes, providing setbacks are met and approval is received from the City of Minnetrista. Dennis Caslavka, Vice President, Baycliffe Property Owners Association, 4716 Baycliffe Drive, said the Minnetrista Planning Commission has reviewed the reconfiguration. It approved a side lot line setback between the outlot and the Lawrence Hendrickson property to the north. Slip # 11 in the lagoon encroaches on the 20' side lot line setback. A variance was required by the Minnetrista Planning Commission and approved 9/27 for subsequent City Council approval. Caslavka continued that the Planning Commission approval was subject to one condition. Currently the Association is licensed for 14 slips and 2 moorings. One mooring is closer to the three temporary slips than the Planning Commission found acceptable. The approval is conditioned on giving up one more mooring. The Association agreed to give up the mooring. LeFevere asked if the new multiple dock license included an adjustment of side setbacks. Babcock said the committee was concerned about the setback at the Hedlund property, Lot 3 Block 1, the property to the south of the outlot. The application was presented as a minor reconfiguration. Babcock asked if it is necessary to re-address the side setbacks. LeFevere said the double setback provision is a grandfathered provision. A setback that is encroached which is not lawful is not grandfathered. Babcock said the recommended approval is based on code 2.03 Subd. 9 which allows minor changes as long as there is no increase in slip sizes. LeFevere asked if LMCD BOARD OF DIRECTORS September 28, 1994 there is a double setback on the south side. Babcock said both sides (south and north) are subject to double setbacks. LeFevere noted that the northernmost slip in.the lagoon looks like it is in the 20' setback. ~abcock said that the ~revious configuration had the slip in the setback. Caslavka also agreed that this is a continuation of that setback situation. LeFevere suggested that it does not have to be handled as part of this license application, but when it comes' up for annual renewal. There is no provision for grandfathering a code viOlation. There may be grounds for a variance. If that is an illegal setback on the north side, it ought to be either forgiven by variance or a code amendment or enforced some way.. Babcock .~responded that he does not' see this as a violation of setback since it is in the dock use area. Storage slip # 11 is 20' away from where the dock use area starts which is where the lot line extends out from the shoreline. Babcock is not convinCed that'~it is a violation of the setback. It appears to be closer to the lot line, but may not be a violation.of the-dock use area. LeFevere acknowledged that is an interesting point with the confilguration the way it is. AMEND~ TO .MOTION: Babcock and Johnstone agreed to.'include in the motion the'requirement to reduce the number of moorings to one mooring by. eliminating buoy #15. VOTE: Motion ilcarried unanimously. 2. LAKE USE!AND RECREATION, Chair Foster B. Quiet:.Waters Area in the Channel North of Cedar Point, Wayzata Bay,'Woodland. MOTION: FOSter moved, Grathwol seconded, to extend the channel north"of Cedar Point, Wayzata Bay, Woodland, by adding another green<.and red buoy and narrowing the existing channel by Foster .eXplained that a Public Hearing held on :9/19/94 considered the request of Clinton Morrison, 2400 Cedar Point Drive, Woodlar~d, for establishment of a Quiet Waters.iArea, 5 mph speed limit, in the channel north of Cedar Point, Wayzata Bay. Denis Bailey,..Hennepin County Lakes Improvements, measured the nearest buoy at 149.6' from shore, i~. Foster Sa~d the committee considered that there'~are red and green buoys 'at the west end of the point. Watercraft Passing through the buoys tend to pass closer than 150' from Cedar Point if their travel takes them to Grays Bay. This could be corrected by extending the channel length and narrowing the channel width by 25 feet. 10 LMCD BOARD OF DIRECTORS September 28, 1994 Babcock observed that the applicant was requesting a quiet waters designation because of the land erosion he is experiencing. Zwak said the pictures he saw indicated erosion along the entire shoreline of the Morrison property. Bloom questioned whether the riprap in place is adequate to protect the shoreline. Foster said the committee did not consider erosion in making its recommendation. The committee feels property owners should take care of their own shoreline. Partyka observed that the traffic is coming less than 50' from shore (at the end of the point). The addition of the two channel markers was a good solution. VOTE: Motion carried unanimously. Addition to Agenda Report of the 1992 Lake Minnetonka Lake Access Task Force Grathwol submitted the final report of the 1992 Lake Access Task Force as accepted with minor editorial amendments June 22, 1994. Copies will be distributed to all interested parties. 3. SAVE THE LAKE ADVISORY COMMITTEE, Chair Mollet Mollet reported $23,000 has been received in donations to the Save the Lake Fund to date. That exceeds the amount budgeted from donations. Mollet, Robert Pillsbury and the executive director were commended for their work. The executive director reported a list of 400 additional names was furnished by an interested party for use in the campaign. 4. EURASIAN WATERMILFOIL TASK FORCE, Chair Penn A. Approval of Minutes. Penn moved, Reese seconded, to approve the minutes of the 9/16/94 Eurasian Water Milfoil Task Force meeting and the 9/14/94 Zebra Mussel and Exotics Action Plan Subcommittee, as submitted. Motion carried unanimously. B. Equipment Penn reported the harvesting equipment has had many breakdowns this year. Major repairs of wear and tear will have to be made. Penn said consideration will be given to purchasing an additional paddlewheel harvester. There is $175,000 in the Milfoil Equipment Reserve. Bloom asked about turning the work over to an outside contractor. The executive director said this had been done in 1989, the first year. A contractor requires a minimum guarantee of hours and during the season. In 1989 it was necessary to "make work" to meet the contract hours. Johnstone recommended it be looked at as an option. Reese said there is no one who currently has the equipment. 11 LMCD BOARD OF DIRECTORS September 28, 1994 Gabriel Jabbour suggested going out for bids by preparing specifications based on acres to be cut. That would allow the private sector to get involved in solving the problem. He said there are faster units than the ones used by the district. The executive director said the district could sell its equipment to a contractor. He suggested the district must determine if it wants to spend money on repairing its current equipment if it is going to consider contracting for the work. Penn recommended a decision should be made on the contracting strategy before spending money on extensive repairs. The executive director said he would put a hold on extensive equipment repairs for now. Bloom said maybe it is not cost effective to contract. Rascop said there should be a five year commitment from a contractor. Reese said the contractor has to own the equipment for the contractto work. To let someone use LMCD's equipment doesn't work because of maintenance. Penn said the EWM Task Force will return with a report. Johnstone said the analysis should be available at the October Board meeting. The executive director is interested in talking to the Hennepin Parks operations personnel on the subject. Penn described the 1994 harvesting concept. Because of the quick growth this summer it was necessary to open channels to private docks and keep the public channels open. This reduced the amount of time spent on open water cutting. Penn said the consensus of the Task Force is that the district should not be in the open water harvesting business. Foster agreed with channel cutting and not open bay cutting. Rascop said he has received compliments on the harvesting this year. The executive director said there was open water cutting on Phelps, Carmans, Browns and the northeast corner of Wayzata Bay. Foster said there have been problems with the harvesters leaving Milfoil fragments. He has seen newer style harvesters with inboard propellers. He suggested moving the motors inboard as an upgrade. (The LMCD harvesters hull design does not allow the use of inboard propellers) Babcock said he does not believe the harvesters are the only reason for fragmentation. He does not believe it is worth thousands of dollars a machine to eliminate it. Penn reported Garlon 3A was tested in Phelps and Carsons Bay with excellent results. The report will be made available to the board as it is received from the Corps of Engineers. (The EWM Task Force Minutes contain more information on the Garlon 3A test treatment). 12 ,ti J I Iii& J il, I ~ Il A. Mayor's Meeting Johnstone reported the quarterly Mayors Meeting will be held 7:30am, 9/30/94, in the Norwest Bank Building Board Room. B. Nominating C~,m~ttee Penn reported the Nominating Committee met on 9/21 and presents the following slate of candidates for offices: Chair Vice Chair Secretary Treasurer William Johnstone, Minnetonka Douglas Babcock, Spring Park Joseph Zwak, Greenwood Robert Rascop, Shorewood There were no nominations from the floor. Nominations will remain open until the October 26 Board meeting. FINANCIAL REPORTS, Treasurer Rascop The board received the August Balance Sheet, Year to Date Financial Summary through 8/31/94, and List of Vouchers for Payment. The executive director reported only one city remains to pay the 1994 levy. (Upon later review, all cities were identified as fully paid through 12/31/94) MOTION: Reese moved, Penn seconded, approval of the August Balance Sheet, Year to Date Financial Summary through 8/31/94 and payment of bills in the amount of $38,005.37, payroll checks # 1292 through 1300 and general fund checks # 9913 through 9954. VOTE: Motion carried unanimously. EXECUTIVE DIRECTOR REPORT A. Meeting Schedule The meeting schedule for October was distributed. The executive director noted the Save the Lake Advisory Committee will not meet in October. Johnstone, Foster, Babcock, and Grathwol, along with the executive director, will meet on 10/5 to discuss the 1995 contract with the Water Patrol representatives. All board members were invited. 13 LMCD BOARD OF DIRECTORS September 28, 1994 B. Expiration of Terms The executive director reported the terms for the board members from Tonka Bay, Mound, Deephaven, Wayzata, Minnetonka Beach and Minnetonka expire in 1994. All but Tonka Bay and Deephaven have re-appointed their representatives. C. LMCD Staff 1. The executive director reported several applications have been received for the Administrative Technician position. He has circulated the job description to the larger cities in the western suburbs, the League of Minnesota Cities and the Minnesota Chapter of Planners and Zoning Administrators. Applications will be received through 10/14, unless an extension of this due date is needed. The executive director said there are several qualified applicants. Rascop recommended interviewing several applicants even though one may be more qualified than the others. 2. The executive director complimented Leann Fenske for the manner in which she has approached the position of secretary. She has shown a high degree of motivation. 3. The Lake Density Report will be available in October. 4. The staff is keeping up with major projects. Dock renewal applications will be sent out on or before the 10/15 normal date, for example. 5. The recorder, Juliene Weidner, has submitted her resignation as of 10/1/94. Leann Fenske will assume those duties. The board thanked Weidner for her service. NEW BUSINESS A. Tom Penn - Comments on Leaving the Board Penn said this is his last meeting as a member of the board. He has resigned as of 10/1. He has informed Tonka Bay he cannot continue to serve because of his business obligations. Penn said he has seen many changes since he came on the board and hopes the changes will continue. He believes the LMCD is the right organization to manage Lake Minnetonka. He expressed thanks to the board for its support. Johnstone expressed the appreciation of the board for Penn's good judgment and wise counsel. 14 1LMCD BOARD OF DIRECTORS September 28, 1994 B. Baycliffe Property Owners Association - Request for Survey Waiver Dennis Caslavka, representing the Baycliffe Property Owners Association, requested a waiver of the survey requirements for the new multiDle dock license granted earlier in the meeting. said a survey would cost $500 to $600. The survey stakes are visible from the last survey. The executive director said the code provides for waiver of the survey on seasonal docks. Caslavka said three new docks outside of the lagoon will be seasonal. The docks within the lagoon are permanent docks. He Rascop said he would want to see an as-built survey. The consensus of the board was to deny Caslavka's request for a survey waiver. ADJOURNMENT Chair Johnstone declared the meeting adjourned at 9:45 pm. William Johnstone, Chair Douglas Babcock, Secretary 15 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:30 pm, Wednesday, September 28, 1994 CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Johnstone READING OF MINUTES - 8/24/94 Board Meeting PUBLIC COMRENTS - From persons in attendance on subjects not on agenda (5 minute limit) CONSENT AGENDA - Consent agenda items identified by an "*" will be approved in one motion unless a Board member requests a discussion of any item. In that case the item will be removed from consent agenda and considered as a specific agenda item. COMMITTEE REPORTS WATER STRUCTURES, Chair Babcock * A. Approval of minutes, 9/10/94 meeting B. Public Hearing Report, with findings and recommendations, for the Suburban Hennepin Regional Park District, New Launch Ramp Application for Lake Minnetonka Regional Park, recommending approval of the new launch ramp subject to the ramp being raised to at least the 931.5' flood plain elevation and the storm drain runoff from the lower vehicle-only parking area be directed from direct runoff down the ramp into the lake. C. Wayzata Lakewalk, second draft of An Ordinance Amending the LMCD Code of Ordinances to Establish Planned Usage Development (PUD) Procedures and Standards and a Definition for Public Piers, inviting Board review and comment, the specifics of the draft ordinance to be then deferred to the next Water Structures Committee meeting. (Per draft sent to Board members 9/2/94. ) D. Baycliffe Property Owners Association, South Upper Lake, Minnetrista, recommending approval of new multiple dock license with minor changes providing setbacks are met and approval is received from the City of Minnetrista. E. Additional business LAKE USE AND RECREATION, Chair Foster A. Approval of minutes, 9/19/94 meeting LMCD Board of Directors, Agenda, 9/28/94, Page 2 B. Public Hearing RePort, with findings and recommendations, to Establish a Quiet Waters Area, 5 mph Speed Limit in the Channel North of Cedar Point, Wayzata Bay, Woodland, the committee recommending the' channel be extended by adding another green and red buoy and narrowing the existing channel by 25 feet. * C. Second Reading of Draft Ordinance, Sect. 3.07 Watercraft for Hire adding Coast Guard Safety Standards in new subdivision 5 through 9, recommending second reading approval. * D. Second Reading of Draft Ordinance Amending Sect. 3.09 Special Events, changing licensing authority for special events to the Sheriff, providing Sheriff with criteria which may be considered in determining whether or not a special event license should be granted, recommending second reading approval * E. Special Events - Deposit refunds @ $100 each, recommending approval of deposit refunds to the following: 1) Antique & Classic Boat Parade, 8/14/94 2) Minnetonka Challenge 5 Mile Swim, 8/6/94 3) Limited Bass Predator Classic, Team and Individual Events, 7/9, 8/14 and 8/27-28/94 3. SAVE THE LAKE ADVISORY COMMITTEE, Chair Mollet * A. Approval of 9/8/94 minutes B. Additional business EURASIAN WATER MILFOIL TASK FORCE, Chair Penn A. Approval of minutes, 9/16/94 meeting, handout So B. Draft 1994 Eurasian Water Milfoil Harvest report, handout C. Zebra Mussel Action Plan Subcommittee report 8/14/94 meeting ADMINISTRATIVE COMMITTEE, Chair Johnstone A. Approval of minutes, 8/24/94 meeting B. Nominating Committee report, new officer nominations C. Report of'9/28/94 meeting; FINANCIAL REPORTS, Treasurer Rascop A. August Balance Sheet B. Year to Date Financial Summary through 8/31/94 C. Audit of Vouchers for Payment, handout EXECUTIVE DIRECTOR REPORT, Strommen NL~ BUSINESS ADJOURNMENT RECEIVED F,T 2 4 LAKE MINNETONKA CONSERVATIO~ DISTRICT Action Report: Water Structures Com~nittee Meeting: 7:30 am, Saturday, October 8, 1994 Room 135, Norwest Bank Bldg., Wayzata Members Present: Douglas Babcock, Chair, Spring Park; James Grathwol, Excelsior; Gene Partyka, Minnetrista; Robert Rascop, Shorewood. Also present, Eugene R. Strommen, Executive Director; Lee Ann Fenske, Recorder; The meeting was called to order at 7:30 am. 1. Draft ordinance to Establish a Special Rule for Continuous Shoreline of Dock Use Areas in Close Proximity. Babcock introduced the ordinance as a means to allow on a limited basis the transfer of boat slip density from non-continuous shore lines, in this case an island, to a mainland shore location. This ordinance is being proposed due to a new multiple dock license application from Boyer Building Corp. for a site at Pelican Point, Spring Park Bay, City of Mound. Babcock also stated that ordinance conditions under Subd. 5, a) to f), are the result of Water Structures Committee comments made at its 7/9/94 meeting. Babcock offered his comments on Item c) which creates a new density of one restricted watercraft (boat. storage unit -- BSU) for each 35 feet of shoreline, compared to the general rule of one BSU per 50 feet. He questioned whether or not the 1:35 is a suitable number, or if some other number would be more appropriate. (ADMINISTRATIVE NOTE -- The attorney proposed lowering the one BSU to 50 feet to one BSU to 35 feet to meet the density necessary to accommodate the Boyer request, which is to transfer 12 BSU from the island to the mainland. This increases the mainland density eligible for 28 BSU on 1,387 feet of shoreline, to 40 BSU at one BSU to 35 feet.) Babcock suggested he might favor one BSU to 25 feet of shoreline. He realizes the 1:35 number is more restrictive. Babcock reviewed that the applicant's proposal is to use the island shoreline footage to justify a density greater than 1:50 on the mainland parcel. In this instance it may be desirable to avoid disturbing the island. Grathwol urged the committee to make a decision on the 1:35 ratio. Partyka expressed favor with the 1:35 ratio. Rascop favors more than 1:50. Babcock pointed out that the applicant is currently entitled to 1:50 at both locations. Babcock questioned making it more restrictive. Babcock commented on Item f) i) recommending an addition to i) shown in capital letters, which would change it to read "the transferor sites and the transferee site must be in common ownership, NO RESTRICTIVE COVENANTS AS TO DOCKAGE RIGHTS; Strommen suggested "common" ownership be clarified with the attorney. P. 2, Water Structures Conunittee Report October 8, 1994 St~-~men also pointed out that the applicant questioned Item a), su ~sting the 150 feet distance be from one land parcel to another r~ ~r than the dock use area, since dock use areas are apt to move. H~ .~roposed the attorney be invited to review this provision. Grathwol commented on Item e), stating his interest in protecting emergent aquatic vegetation in the lake. He discussed the types of wetlands identified in the Fish and Wildlife Service Circular No. 39. Grathwol interprets the various types and State of MN Subd. 18 definition of Public Waters Wetlands as meaning a lake is a wetland. He also believes there are inconsistencies in definitions of types 3, 4 and 5. He does not believe they include a concern for emergent vegetation in the water. Rascop discussed types 3, 4 and 5 as meeting the definition for the purpose of this ordinance. Babcock pointed out that the attorney may have written item e) this way intentionally to be broad in definition and to meet the current application. Applicant John Boyer stated that the site has no wetlands on the mainland or on the island. It is not an issue for them. Rascop said he would like to see the ordinance be sent to the board, even if it fails in the committee. He stated he opposes the ordinance. He does not support putting docks on undeveloped land without a primary structure on it. Babcock returned to item f) i), and his wording addition of "WITH NO RESTRICTIVE COVENANTS AS TO DOCKAGE RIGHTS." He gave an example of an island being created from dredging "tailings" which the DNR would say to the adjacent property owner that the island can be used but not for boat storage. The owner then might come in and ask to transfer the shoreline BSU density from the island to a mainland location. The restrictive covenant would prevent this in Babcock's opinion. Rascop stated he believes some mainland shore was also created by dredging "tailings" and should not be counted for shoreline storage. Babcock asked for a motion on the committee's preference. Grathwol moved to table. There was no second. Table failed. Babcock pointed out that the con~nittee needs more time with the ordinance, but also understands the applicant's interest to have some action on his application today. Rascop moved, Grathwol seconded, to recommend the draft ordinance to the board with the only change being to Subd. 5. f) i) adding "WITH NO RESTRICTIVE COVENANTS AS TO DOCKAGE RIGHTS." P. 3, Water Structures Committee October 8, 1994 Babcock asked that this be considered a motion to refer the draft ordinance to the board. VOTE ON MOTION. Babcock in favor, Grathwol, Partyka and Rascop opposed. Motion failed. Upon further consideration, Rascop moved, Partyka seconded, that the ordinance, as previously amended, be forwarded to the board for review. VOTE ON MOTION. Motion carried unanimously. Rascop left the meeting at this time. Boyer Building Corp new multiple dock license application for Pelican Point Development, Spring Park Bay, City of Mound. Background on the license application was given by Babcock, stating that it was withdrawn by the applicant from further review by the committee in August due to a question of island ownership brought by the MN DNR. A letter of 9/23/94 from the MN DNR Bureau of Real Estate Management states that a transfer of the island to the state is void, and therefore the DNR has withdrawn its claim to Pelican Point Island. Babcock referred to the revised site plan presented by the applicant showing the dock configuration and water depths. Babcock reiterated the point that this site plan could only be allowed after the Code amendment previously discussed is adopted by the board. He also asked if LMCD needs its own EAW, since the City of Mound EAW did not contain the specific dock plan now under consideration. He would like the board to make the determination if LMCD should do its own EAW. Strommen reported that the Environmental Quality Board staff advised that since dock plans were identified in the EAW, unless a person or agency disputes the docks, they would consider the EAW requirements as having been satisfied. The LMCD is one of two agencies which deal with the dock, the other being the DNR. The DNR fully reviewed the EAW and commented on it to the City of Mound. (In a 10/13 review with the DNR's hydroloqist for Lake Minnetonka, the hydrologist concurred that the docks were appropriately identified with a concept dock plan showinq 40 slips north of the island. It is not unusual to have a concept plan in an EAW.--This satisfies ~he needs of the EAW.) The water depths on the inside slips at 929.4' were pointed out as a concern by Babcock. As the water level drops to 928.6' or less, the inside slips could be a depth problem for some if not most boats. (LMCD's temporary low water variance does not apply until the water level falls to 928.0') Babcock is concerned with having adequate water depths for all slips. He does not want to see the need for dock length variances after the property is sold to the residents. P. 4, Water Structures Committee October 8, 1994 Grathwol pointed out Rascop's concern that he would not want to see dock construction before there are residences on the site. Grathwol asked if this could be addressed in the application conditions. Grathwol moved, Babcock seconded to approve the application for a new multiple dock license for Boyer Building Corp., Pelican Point Development, Spring Park Bay, City of Mound, with 40 BSU, subject to: 1. Adoption of an ordinance to allow the transfer of boat storage density (by establishing a special rule for continuous shoreline of dock use areas in close proximity, as proposed in Code Sect. 2.02, Subd.5 with recommended committee amendments) 2. Not requiring an EAW unless the board determines that an EAW is necessary, and 3.Subject to conditions of sufficient water depths for all dock slips, and 4. Subject to requiring significant construction progress of primary structure buildings on the land to support installation of the docks on the outlot; 5. Subject to homeowner association covenants dedicating all of the lakeshore by an easement; DISCUSSION ON THE MOTION: Strommen proposed that the stipulations in the license approval for installation of the docks provide for staff to work with the applicant as residential unit construction proceeds. Initial boat storage should be limited to residents of the site as properties are sold. Strommen also called attention to the EAW comments, submitted to the City of Mound, listed under 2.d of the agenda, which recommend: > Lake protection from erosion during construction meeting LMCD Runoff Management Plan Policy 4 affecting water runoff quality and quantity; > Control green area (lawn) runoff to the lake by use of natural vegetation buffer strip and control use and types of lawn fertilizers affecting quality of water runoff; > Use of dock lighting which avoids offensive impacts on the water surface; Babcock again stated that the Code change (recommended at the beginning of this meeting) is necessary to support the 40 slip site plan involved in this motion. Babcock reminded the applicant that the difficulty with this plan today is that it calls for 40 slips which the Code does not allow. If the plan were for 28 slips, it could have been recommended for approval to the board without some of the conditions discussed here today. He also reminded the applicant that the ordinance change could require up to three public readings before the board might adopt it. Babcock proposed including a 6th condition in the motion: 6. Require the dock lighting to meet LMCD lighting requirements __ to avoid offensive imRacts on the lake. (per EAW .comments) P. 5, Water Structures Committee October 8, 1994 Babcock believes the other two LMCD staff comments on the EAW regarding lake protection from erosion and control of green area should be left for the city to administer under their shoreland ordinance, notwithstanding LMCD's Management Plan policy on the subject. John Blumentritt commented for the applicant that the builder intends to keep a natural vegetation buffer strip throughout the entire outlot for the development, from the Island identified as outlot C to the mainland shoreline which is also part of the outlot. He notes this was also a DNR recommendation. The applicant offered the proposal to submit a revised site plan for the board to consider which would show the 28 slips on the mainland and 12 slips on the island. Babcock finds this as frustrating the normal procedure for changes in dock plans to be first submitted to the committee and then to the board. Partyka called for a vote on the motion with the five conditions of Grathwol's motion and the sixth condition added concerning lighting. VOTE ON THE MOTION: Ayes two, nays one (Babcock). Motion carried. Grathwol left the meeting at this time. 3. ADJOURNMENT. Lacking a quorum, the meeting was adjourned. Third Draft of an Ordinance to Establish Planned Usage Development (PUD) Procedures and Standards and a Definition for Public Piers. Babcock invited James Robin, Wayzata representative for the "Lakewalk" proposed public pier, to remain for an informal discussion with he and Partyka, lacking a committee quorum at this point. Robin called attention to a comment made in Scott Richards Memorandum of 9/29/94, highlighting the previous draft revisions, with Subd. 3.3), page 3, changing the word "minimum" to "maximum", referring to width of the walkway. Babcock and Partyka reached concenses with Robin upon the following additional changes to the 9/29/94 draft: > Subd. 2, add a new para. e) adding a condition that public piers may not be installed where there are type 1-8 wetlands (per U. S. Fish and Wildlife Service Circular No. 39). > Subd. 3, para e), revise to state that no part of a public pier may exceed 16 feet. > Subd. 3, new para. 1), adding a condition to require a boat storage unit to be reserved for emergency purposes. > Subd. 3, p) revise as indicated by CAPITAL letters, to read "In no case shall a public pier setback be less than thirty (30) feet from side site lines FROM A MULTIPLE DUA, AND 60 FEET FROM A NON-MULTIPLE DUA. P. 6, Water Structures Committee October 8, 1994 > Subd. 5, c) 1) c), revise to include'new language requiring greater detail to scale for structures on the public pier, Richards to work out specific language. > Subd. 5, d), revise to repeat the procedure to follow for the General Plan, rather than refer back to the Concept Plan procedure. Richards will present the revised procedure. > Subd. 6, d), revise to indicate that the professional must be registered in the applicable field for which the drawings are being prepared. Partyka and Babcock concluded that these changes should prepare the draft ordinance for the board so that the board may consider holding a public hearing. (The procedure for public hearings now calls for them to be held prior to the appropriate committee meeting. The November Water Structures Committee meeting is scheduled for Saturday, November 19. A public hearing would be timed for 8:00 am. The board meeting following the committee meeting is scheduled for Wednesday, December 7.) There was additional discussion on issues relating to the sta% ~s of the Burlington-Northern Railroad position for approving access to the Lakewalk, and municipal parking capacity during peak use times. These are being addressed by the city, Robin responded. Committee members expressed interest in the Burlington-Northern's willingness to enter into an agreement with the city for access to the Lakewalk over their railroad right-of-way. Robin agreed to pass the recommended changes on to Scott Richards, Northwest Associated Consultants, for incorporating into a further revised draft. ENVELOPE SUBCOMMITTEE MEETING. Babcock agreed to schedule the next subcommittee meeting for 4:30 pm, Tuesday, November 1 at the LMCD conference room. FOR THE COMMITTEE: Eugene R. Strommen Executive Director Douglas Babcock Chair RECEIVE3 2 LAKE M~x~IETONK.A CONSF_~VATION DISTB. ICT O~DINANCE NO. ITEM 1.B AN ORDINANCE RELATING TO SHORELINE RE(~UIREMENTS AND CALCULATION OF BOAT STORAGE DENSITY ON LAKE MINNETONKA; AMENDING LMCD CODE SECTION 2.02 BY ADDING SUBDIVISION 5 THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) ORDAINS that the LMCD Code of Ordinances, Section 2.02 is amended by adding new subdivision 5 as follows: Subd. 5. Special Rule for Non-Continuous Shoreline of Dock Use Areas in Close Proximity. The Board may authorize shoreline from one or more sites (the "transferor sites") to be counted as part of another site (the "transferee site") for the purpose of computing permissible boat storage density. Applications for permission to transfer boat storage density shall be made in accordance with the procedures set forth in section 2.03 and shall be processed as a part of the applicant's multiple or commercial dock license application. Criteria to be considered by the Board in evaluating whether to approve such application shall include all criteria set forth in Section 2.03, subd. 3a). No such permission to transfer boat storage density sh~]~ be granted by the Board unless the following additional conditions are met: a) The dock use areas of each transferor site and the transferee site may be no more than 150 feet apart. b) The credit for boat storage density transferred from any transferor site may not exceed one restricted watercraft for each 100 feet of shoreline of the transferor site (with fractional watercraft counted in accordance with subdivision 1). c) The total boat storage at the transferee site may not exceed one restricted watercraft for each 35 feet of shoreline of the transferee site (with fractional watercraft counted in accordance with subdivision 1). d) e) f) No variances, other than temporary low water variances, may be granted for construction of docks at the transferee site. Neither transferor site nor transferee site may have shoreline comprised in whole or in part of wetlands. As long as the transferee site is used for the storage of more restricted watercraft than this Code would allow without the transfer of boat storage density under this subdivision: i) the transferor sites and the transferee site must be in common ownership; WITH NO RESTRICTIVE COVENANTS, and C~T,7&705 l~r~ lO-13 l~.O docks or boat storage is ~permitted on the t~nsfe~or sites; and the tm~nsferor sites must be m~fntained in essentially 'a natural state and may not be used for residential dwelling U~ts 01' commevcial uses. This ordinance is in effect frem 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 ord!~,nce. Adopted by the LMCD Board this day of , 1994. William Johnstone, ATTEST: Douglas E. Babcock, Secretar~ C~76705 LE,I. IO-I3 Wetl and Tyg. es and Defi ni ti on.s From Fish and Wildlife Service Circular No 39 T.ype & Deli ni ti on TYPE I - Seasonally flooded basins or flats. Soil is covered with water or is waterlogged during variable seasonal periods but usually is well-drained during much of the growing season. Vegetation varies greatly according to season and duration of flooding: from bottom-land hardwoods as well as herbaceous growths. TYPE 2 - Inland fresh meadows. Soil is usually without standing water during most of the growing season but is waterlogged within at least a few inches of surface. Vegetation includes grasses, sedges, rushes and various broadleaved plants. Meadows may fill shallow basins, sloughs, or farmland sags, or these meadows may border shallow marshes on the landward' side. Type 3 - Inland shallow fresh marshes. Soil is usually waterlogged early during growing season; often covered with as much as 6 inches or more of water. Vegetation includes grasses, bulrushes, spikerushes and various other marsh plants such as cattails, arrowheads, pickerelweed and smartweeds. These marshes may nearly fill shallow lake basins or sloughs, or may border deep marshes on landward side.' Also co~on as seep areas on irrigated lands. Type 4 - Inland deep fresh marshes. Soil is usually covered with 6' to 3' or more of water during growing season. Vegetation includes cattails, reeds, bulrushes, spikerushes and wildrice. In open areas, pondweeds, nalads, coontail, watermilfoils, waterweeds, duckweeds, waterlilies or spatterdocks may occur. These deep marshes may completely fill shallow lake basins, potholes, limestone sinks and sloughs, or they may border open water in such depressions. Type 5 - Inland open fresh water. Shallow ponds and reservoirs are included in this type. Water is usually less than 10' deep and fringed by a border of emergent vegetation similar to open areas of Type 4. Type 6 - Shrub swamps. Soil is usually waterlogged during growing season and is often covered with as much as 6' of water. Vegetation includes alders, willows, buttonbush, dogwoods, and swamp-privet. Occur mostly along sluggish streams and occasionally on flood plains. Wetland T~pe and Definitions Page (2) ~ . ..... ... ~ .~.,~ Type ? - Wooded swamps. Soil is waterlogged at least to within a few inches of surface during growing season and is often covered with as much as 1' of water. Occur mostly along sluggish streams, on flood plains, on flat uplands and in shallow basins. Trees include tamarack, arborvitae, black spruce, balsam, red maple and black ash. Northern evergreen swamps usually have a thick ground cover of mosses. Deciduous swamps frequently support beds of duckweeds, smartweeds. Type 8 - Bogs. Soil is usually waterlogged and supports a spongy covering of mosses. Occurmostly in shallow basins, on flat uplands and along sluggish'streams. Vegetation is woody or herbaceous or both. Typical plants are heath shrubs, sphagnum moss and sedges. In the North, leatherleaf, Labrador-tea, cranberries, carex and cottongrass are often present. Scattered, often stunted, black spruce and tamarack may occur. WATERS OF THE STATE OF MINNESOTA Section 103G.005 Subd. 18. PUBLIC WATERS WETLANDS. "Public waters wetlands" means all types 3, 4, and 5 wetlands as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the definitioD of public waters, that are ten or more acres in size in, unincorporated areas or 2-1/2 or more acres in incorporated areas. SUBD. 19. WETLANDS (a) "Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: (1) have a predominance of hydric soils; (2) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of Hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) under normal circumstances support a prevalence of such vegetation. (b) Wetlands does not include public waters wetlands as defined in subdivision 18. Laws 1990, c. 391, art 7, section 2. Amended by Laws 1990, c. 597, section 62, eff. May 4, 1990; Laws 1991, c. 354, art 6, sections I to 6; Laws 1991, c. 354, art 10, section 4. RECEIVED . ; ~ O3 0 0 0 ~ ~ 0 0 I-.I L 0 ~0 m 0 "1 J ~T