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1994-11-22 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, NOVEMBER 22, 1994, 7:30 P.M. CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE NOVEMBER 9, 1994 CANVASSING MEETING, THE NOVEMBER 9, 1994 REGULAR MEETING AND THE NOVEMBER 15, 1994 COMMITTEE OF THE WHOLE MEETING. RECONFIRMATION OF FINAL PLAT FOR TEAL POINTE. CASE//94-72: BRADLY T. BLAZEVIC, 1871 SHOREWOOD LANE, LOT 2, BLOCK 12, SHADYWOOD POINT, PID//18-117-23 23 0061. REQUEST: VARIANCE FOR ENTRY DECK. EASE//94-74: WANDA MARTENS, 4961 BEDFORD ROAD, LOT 5 & ELY 10' OF 6, BLOCK 37, WYCHWOOD, PID //24-117-24 41 0144. REQUEST: VARIANCE TO LOT AREA FOR NEW HOME. APPROVAL OF OPERATIONS PERMIT, PXC CORPORATION, 5314 SHORELINE DRIVE (BALBOA BUILDING). PG. 4245-4250 PG. 4251-4258 PG. 4259-4280 PG. 4281-4294 PG. 4295-4302 4242 o 10. 11. 12. 13. 14. 15. 16. CASE//94-63: RESOLUTION TO VOID RESOLUTION #94-12§ AND REPLACE IT WITH THIS RESOLUTION TO APPROVE A SETBACK VARIANCE TO HERON LANE TO CONSTRUCTION A PORCH AND DECK AT 5000 ENCHANTED ROAD, LOT 1, BLOCK 21, SHADYWOOD POINT, PID//13-117-24 11 0069. PG. 4303-4307 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. RECOMMENDATIONS FROM ECONOMIC DEVELOPMENT COMMISSION RE: MOUND VISIONS PROGRAM - LOST LAKE CANAL REHABILITATION PROJECT AND AUDITOR'S ROAD IMPROVEMENT PROJECT. PG. 4308-4312 RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMISSION RE: PROPOSED PUBLIC RELATIONS STRATEGY FOR LOST LAKE CANAL. PG. 4313-4315 APPROVAL OF 1995 DOCK LOCATION MAP. PG. 4316-4338 REQUEST FOR PUBLIC LAND ALTERATION PERMIT FROM DANIEL AND SANDRA STROT, 1566 EAGLE LANE, LOT 3, 4 & 5, BLOCK 2, WOODLAND POINT, DOCK SITE g02250. SEED/SOD PARKING AREA. PG. 4339-4348 APPROVAL OF PAYMENT REQUEST//1 - MOUND/MINNETRISTA PUBLIC WORKS OUTDOOR MATERIALS STORAGE - IMPERIAL DEVELOPERS - $63,217.66. PG. 4349-4353 APPROVAL OF TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR OUR LADY OF THE LAKE CATHOLIC CHURCH FOR FEBRUARY 4, 1995. PG. 4354 PAYMENT OF BILLS. PG. 4355-4373 INFORMATION/MISCELLANEOUS: go Financial Report for October 1994 as prepared by Gino Businaro, Finance Director. PG. 4374-4375 Bo Park & Open Space Commission Meeting Minutes of November 10, 1994. PG. 4376-4382 4243 Letter from Jim Miller, Executive Director, League of Minnesota Cities RE: 1) Candidacy of several City officials for the National League of Cities Board and Officers positions, and 2) City of Mound's potential in being represented on the National League of Cities Small Cities Council. PG. 4383-4398 Information from LMCD on a proposed ordinance amending the LMCD Code to establish Planned Usage Development Procedures and Standards and a Definition of Public Piers. PG. 4399-4414 E. Planning Commission Minutes of November 14, 1994. PG. 4415-4420 F. REMINDERS: Budget Hearing - Tuesday, November 29, 1994, 7:30 P.M. NLC Conference, December 1-4, 1994, Minneapolis Convention Center. Continued Budget Hearing (if necessary), Tuesday, December 6, 1994, 7:30 P.M. Annual Christmas Party, Friday, December 9, 1994, American Legion. Thanksgiving Holiday, Thursday and Friday, November 24 & 25, 1994, City Offices closed. 4244 MOUND CITY COUNCIL MINUTES NOVEMBER 9, 1994 MINUTES - MOUND CITY COUNCIL - SPECIAL MEETING Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was held at 5341 Maywood Road, in said City on November 9, 1994, at 7:30 P.M. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Phyllis Jessen, and Ken Smith. Councilmember Liz Jensen was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., and City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland. The Mayor opened the meeting. 1.0 ELECTION CANVASSING BOARD The City Election results were presented to the Canvassing Board for their approval. The results were as follows: MAYOR Pct. Pct. Pct. Pct. Pct. Pct. 1 2 3 4 5 6 TOTAL Skip Johnson 206 129 405 319 338 229 1,626 Bob Polston 258 201 680 389 425 337 2,290 COUNCILMEMBER Gerald D. Babb 166 120 353 193 257 255 1,344 Bob Brown 186 110 362 225 228 188 1,299 Mark Hanus 188 143 540 352 374 224 1,821 Liz Jensen 229 186 542 357 407 295 2,016 The following were declared the winners: Bob Polston, Mayor Elect (two year term) Mark Hanus, Councilmember Elect (four year term) Liz Jensen, Councilmember Elect (four year term) Smith moved and Ahrens seconded the following resolution: MOUND CITY COUNCIL MINUTES NOVEMBER 9, 1994 RESOLUTION//94-148 RESOLUTION CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION AS PRESENTED AT THE CANVASS OF VOTES OF THE NOVEMBER 8, 1994, GENERAL ELECTION The vote was unanimously in favor. Motion carried. MINUTES - MOUND CITY COUNCIL - NOVEMBER 9, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 9, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Phyllis Jessen and Ken Smith. Liz Jensen was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, and the following interested citizens: Mary Moline. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.1 MINUTES MOTION made by Smith, seconded by Jessen to approve the Minutes of the October 25, 1994, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.2 PUBLIC HEARING: CASE //94-70: REQUEST FOR CONDITIONAL USE PERMIT FOR CLASS IV RESTAURANT, NON-INTOXICATING LIQUOR SERVICE RESTAURANT FOR HAPPY GARDEN RESTAURANT, SANG CAM KY, 2212 COMMERCE BLVD., LOT 4, BLOCK 1, COMMERCE PLACE, PID //13-117-24 33 0081. The Building Official explained the request. The Planning Commission recommended approval. The City Attorney pointed out that the applicant has not yet applied for a Non-intoxicating Liquor License and if an application is received a public hearing will need to be held on that issue. The Mayor opened the public hearing. No one responded. The Mayor closed the public hearing. Smith moved and Ahrens seconded the following resolution: 2 MOUND CITY COUNCIL MINUTES NOVEMBER 9, 1994 RESOLUTION//94-149 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A CLASS IV RESTAURANT IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT FOR "HAPPY GARDEN RESTAURANT", AT 2212 COMMERCE BLVD., LOT 4, BLOCK 1, COMMERCE PLACE, PID //13-117-24 33 0081, P & Z CASE//94-70 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.3 APPROVAL OF PAYMENT REQUEST NO. 4, 1994 LIFT STATION IMPROVEMENT PROJECT, RICE LAKE CONTRACTING - $132,901.20. The City Manager explained that the City Engineer has recommended approval. MOTION made by Smith, seconded by Jessen to approve Payment Request//4, from Rice Lake Contracting, for the 1994 Lift Station Improvement Project, in the amount of $132,901.20. The vote was unanimously in favor. Motion carried. 1.4 PAYMENT OF BILLS MOTION made by Smith, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $84,301.99, when funds are available. A roll call vote was unanimously in favor. Motion carried. EXECUTIVE SESSION The Council went into Executive Session at 7:45 P.M. for an update on what the Staff has been doing in regard to the City's investment with Piper Jaffry and to discuss possible recommendations on what course of action the City may take as it relates to litigation. The Council returned from Executive Session at 9:10 P.M. The City Attorney stated that the purpose of the Executive Session was to bring the Council up to date on discussions that have gone on between Staff and Piper Jaffry, concerning the City's investments in the Piper Governmental Fund. The Staff explained to the Council what discussions have taken place with Piper about the possibility of various remedies that might help the City because of the circumstances under which the City invested money with Piper. At this MOUND CITY COUNCIL MINUTES NOVEMBER 9, 1994 point the Council wishes to delay any action for a couple of weeks to study the materials that were presented by the Staff and receive some additional information. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Report for October 1994. B. LMCD Representative's Monthly Report for October 1994. C. LMCD mailings. D. Planning Commission Minutes of October 14, 1994. E. Letter from Triax Cablevision regarding a new line item that will be appearing on subscriber cable bills beginning in December 1994. F. Central Business District (CBD) parking information requested by Councilmember Liz Jensen at the last meeting. G. Information from the League of Minnesota Cities requesting assistance as greeters and badge checkers at the NLC Conference later this month. If interested, let Fran know. H. Proposed 1995 City Policies from the League of Minnesota Cities for consideration at annual policy adoption conference. I. Notice of public hearing considering increasing the Solid Waste Management Fee to 20 % of charges for the collection and disposal services of Mixed Municipal Solid Waste (MMSW) billed and collected from "Residential Generators" and "Nonresidential Generators", effective February 1, 1995. Hearing will be held Thursday, November 10, 1994, at 11:00 A.M. in the Hennepin County Board Room. J. REMINDERS: - Tree Lighting Ceremony, Tuesday, November 15, 1994, 6:30 P.M. - COW Meeting - Tuesday, November 15, 1994, 7:30 P.M. - Budget Hearing - Tuesday, November 29, 1994, 7:30 P.M. NLC Conference, December 1-4, 1994, Minneapolis Convention Center. MOUND CITY COUNCIL MINUTES NOVEMBER 9, 1994 - Continued Budget Hearing (if necessary), Tuesday, December 6, 1994, 7:30 P.M. Annual Christmas Party, Friday, December 9, 1994, American Legion. Veteran's Day Holiday, Friday, November 11, 1994, City Offices closed. Thanksgiving Holiday, Thursday and Friday, November 24 & 25, 1994, City Offices closed. MOTION made by Ahrens, seconded by Smith to adjourn at 9:15 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk 5 MINUTES - COMMITTEE OF THE WHOLE - NOVEMBER 15, 1994 The meeting was called to order at 7:30 PM. Members present: Mayor Skip Johnson, Councilmembers Liz Jensen, Phyllis Jessen, Andrea Ahrens and Ken Smith. Also present: City Manager Ed Shukle. City Manager Ed Shukle gave an update on the Westonka Community Center Task Force. He indicated that the task force was in the process of studying various alternatives to spending $1.8 million to upgrade the existing community center. More information will be available on this at a later date. The list of goals for the year was reviewed. The consensus was to continue having these goals on the Committee of the Whole agenda. Discussion regarding the Housing and Redevelopment Authority (HRA) was discussed. This matter was referred to the January 17, 1995 Committee of the Whole meeting. Consensus was to cancel the December 20, 1994 Committee of the Whole meeting. It was moved by smith, seconded by Jensen and carried unanimously to adjourn at 8:40 PM. Respectfully submitted, City Manager 612-8~5-~160 HOISINGTON KOEGLER 992 P02 NOU 17 '9~ 1~:12 Ho'~u:~n Koeg~ ~'oup Inc. DD MEMORANDUM November 17, 1994 To: Mound City Council From: Bruce Chamberlain, Planning Consultant Re: Teal Pointe final plat reconfirmation and modification. Teal Pointe Development Company has requested that the City release the final plat for Teal Pointe residential development. Since it has been over 180 days since the City Council approved the final plat and the Mound City Code indicates that the plat must be filed within 60 days of the approval, the developer is requesting reconfirmation of the plat. No elements of the plat have changed and the project stands as previously approved. A recommended modification is the allowable period of construction which was defined in the original plat approval as 180 days. It is the belief of City Staff that this schedule would be very difficult to meet given the time of year. Staff is recommending an extension of the construction period to 280 days. Also, so there is no future confusion, an additional condition will be placed on final plat approval stating that the plat shall be filed with Hennepin County within 60 days of City Council approval of the final plat reconfirmation. The developer has submitted the required material for filing of the final plat with exception to the park dedication in the amount of $4,500 and a letter of credit or other approved form of security in the amount of $127,500. Both of these items must be submitted prior to the City releasing the plat along with all other conditions of final and preliminary plat approval as stated in Resolution ~94-65 and requirements of Mound City Code. Therefore, Staff recommends approval of the plat reconfirmation and modifications. A resolution to this effect is enclosed. If you have any questions, staff will be available at the meeting. TEALMOD.MEM Land Use / Environmental , Planning / I:k'sign 7300 Metro Boulevard / Suite 525 ' Minneapolis, Minnesota 55439 · (612) 835-9960" Fax: (612) 835-3160 G12-835-~160 HOISINGTON KOEGLER 9?2 PO3 NOV 17 '94 1~:12 RESOLUTION ~4-__ A RF. SOLUTION OF THE CITY COUNCIL OF Tm CITY OF MOUND RECONFIRMING AND MODIFYING THE FINAL PLAT APPROVAL FOR TEAL POINT RESIDENTIAL DEVELOPMENT WHEREAS, approval of the final plat of Teal Point has been granted by the City Council with conditions under Resolution 94-65; and and WHEIIRAS, the project as approved through Resolution ~4-65 has not changed; WHEREAS, the allowable period of time for filing the final plat with the county has expired; and WHEREAS, the maximum l~riod of time specified for construction of the public improvements associated with the project is likely unattainable due to weather conditions NOW TNF. REFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. Teal Point final plat approval according to Resolution #94-65 dated May 10, 1994 is hereby reconfirmed. B. Conditions of final plat approval shall be amended to include the following: I. The allowable period of construction of public improvements as stated in condition 3 of Resolution ~)4-65 shall be extended to 280 days from the time of filing the final plat. 2. The plat shall be filed with Hennepin County within 60 days of the City Council reconfirming the final plat. J ,ii,, May 10, 1994 RESOLUTION//94-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING FINAL PLAT APPROVAL FOR TEAL POINTE RESIDENTIAL DEVELOPMENT WHEREAS, the final plat of Teal Pointe 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 Statues and all proceedings have been duly conducted thereunder, and WHEREAS, the City Council, on December 8, 1992 and January 12, 1993, 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 Teal Pointe Subdivision located on property described as follows: Lots 2, 3, 4, 22, 23 and 24 Block 11, "WHIPPLE"; That part of Lots 13 through 21, inclusive, Block 10, "WHIPPLE," and that part of Lot 1, Block 11, in said plat, together with that part of vacated Cobden Lane, as dedicated in said plat lying North of the Westerly extension of the South line of said Block 10, also together with that part of the North half of vacated Drummond Road as dedicated in said plat lying East of the Southerly extension of the West line of said Block 10, all which lie Southerly of a line described as beginning at the Northwest corner of said Lot 1; thence on an assumed bearing of East along the North line of said LOt 1 a distance of 22 feet; thence South 41' degrees 59 minutes 14 seconds East, 26.91 feet; thence South 44 degrees 03 minutes 39 seconds East, 43.14 feet; thence South 50 degrees 21 minutes 21 seconds East, 45.45 feet; thence South 51 degrees 20 minutes 25 seconds East, 19.21 feet; thence South 50 degrees 28 minutes 39 seconds East, 51.86 feet; thence South 68 degrees 11 minutes 55 seconds East, 43.08 feet; thence South 80 degrees 04 minutes 26 seconds East, 40.61 feet; thence North 75 degrees 57 minutes 50 seconds East, 41.23 feet; thence North 78 degrees 41 minutes 24 seconds East, 40.79 feet; thence on a bearing of East, 40 feet; thence South 47 degrees 43 minutes 35 seconds East to the South line of said LOt 21, Block 10; thence East to the Southeast comer of said Lot 21; thence South along the extension of the East line of said Lot 21 to the centerline of vacated Drummond Road and there terminating. ALSO Lots 1 to 26 inclusive, Block 15, and Lots 1 to 26, Block 16, "WHIPPLE"; That portion of vacated Windsor Road, dedicated to the public in the plat of "WHIPPLE~ as Windsor Place, which lies Easterly of a line drawn from the Northwest comer of Lot 13, Block 16 to the Southwest comer of Lot 14, Block 15, and Westerly of a line drawn from the Northeast comer of Lot 1, Block 16 to the Southeast comer of Lot 26, Block 15, said addition, That portion of vacated Drummond Road, dedicated to the public in the plat of "WHIPPLE," which lies South of the centerline thereof, Easterly of a line drawn from the Northwest comer of LOt 13, Block 15 to the Southwest comer of LOt 14, Block 10, and Westerly of a line drawn from the Northeast comer of Lot 1, Block 15, to the Southeast comer of Lot 26, Block 10, said addition. 125 May 10, 1994 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: Final Plat approval is hereby granted for Teal Pointe Subdivision as requested by Teal Pointe Development Company subject to compliance with all of the conditions found in the City Engineer's report dated March 28, 1994 set forth and incorporated herein as part of the document, all of the conditions of preliminary plat approval (Resolutions 93-20 and 93-122) set forth and incorporated herein as part of the document and the following additional conditions: The Developer shall secure and provide the City with a copy of a stormwater permit from the Minnehaha Creek Watershed District prior to the City releasing the final plat. The Developer shall secure and provide copies to the City's Building Official, all required reviews and permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency prior to beginning construction. The Building Official will not authorize construction until permits are secured. o Prior to the City releasing the final plat, 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 180 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of $127,500 (125% of estimated construction costs) as per plans approved by the City Engineer. The Developer shall furnish the City Attorney with all necessary information and assistance to transfer Outlot B to the City. This transaction shall be completed prior to the City releasing the final plat and shall be filed at the same time the plat is placed of record. Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the Fire Chief and Building Official. 126 November 22, 1994 Thomas E. Casey Am)rney a[ Law 2854 Cambridge Lane Mound, Minnesota 55364 (612) 472d099 Fax: (612) 472 4771 Mound City Council 5341 Maywood Road Mound, MN 55364-1687 RE: proposed Resolution #94 - __, "Reconfirming and Modifying Final Plat approval for the Teal Pointe Residential Development" Dear Mound City Council, Thank you for the opportunity to submit this letter into the record as my clients' comments to the proposed resolution stated above. FACT8 February 9, 1993 - the Mound City Council adopted Resolution 93-20, approving a preliminary plat for the Teal Pointe Development, subject to the completion of an Environmental Assessment Worksheet. September 14, 1993 - the Mound City Council adopted Resolution 93-122, amending Resolution 93-20 to add 6 more conditions to the preliminary plat resolution. (September 14, 1994 is determined to be the date the preliminary plat resolution was approved.) May 10, 1994 - the Mound City Council adopted Resolution 94-65 approving a final plat. July 10, 1994 - 60-day time period to file and record final plat has expired. The final plat is null and void as of this date per Mound City Code Section 330.35 Subd. 9. From the period of July 10, 1994 to September 14, 1994, the developer did not file ten (10) copies of the final plat with the Building Official. -1- THE DRELIMIN~I%Y ~L~T KND ~IN~L PL~T i%l~E VOID By way of background, Mound City Code Section 330:00 states in part, "... All subdivisions of land shall fully comply, in all respects, with the regulations set forth herein." Furthermore, Section 330:10 of the Mound City Code states in part, "Before dividing any tract of land into two or more lots or parcels, ... the procedures set forth in Section 330:15 et seq. shall be followed.,, Mound City Code Section 330:35 Subd. 1 states, "The subdivider, within one year, unless extensions are granted and noted in the preliminary plat resolution, after approval of the preliminary plat, shall file with the Building Official ten (10) copies of the final plat prepared by a land surveyor duly registered in the State of Minnesota. Failure of the subdivider to submit the final plat within those times designated on the preliminary plat resolution shall cause the preliminary and final plats to become null and void.'. Based on the facts outlined above, the developer had until September 14, 1994 (one year after the preliminary plat was approved) to file the final plat. Because Mound City Code 330:35 Subd. 9 rendered the final plat null and void on July 10, 1994, any final plat filed before that time does not apply to this case. In other words, to create a valid final plat, 10 copies of the final plat must be filed with the Building Official after July 9, 1994. However, if the ten (10) copies of the final plat were not filed until after September 14, 1994 then the final plat and preliminary plat become null and void. At first glance, the second sentence of Mound Code 330:35 Subd. 1 would seem to create a void preliminary and final plat only if "those times" were designated in the preliminary plat resolution. However, it is improbable that the City Council who adopted the ordinance (and stated on several occasions in the ordinances that the subdivision procedures shall be followed), would give greater force or remedies to a city council resolution than to an ordinance requirement that a final plat must be filed within one year of a preliminary plat. In other words, would a City Council suffer an ordinance violation without a remedy? Moreover, Section 330:30 Subd. 9 reads in part, "The subdivider may request a one-year time extension at least 45 days prior to the expiration of a preliminary plat ... With this re-affirmation in the City Code that a preliminary plat can expire, it is logical to conclude that a preliminary plat expires within one year if a final plat has not been filed per Section 330:35 Subd. 1 of the Mound City Code. -2- J Minnesota Statute 462.358 Subd. 3c., also gives the city the authority to negate a preliminary plat after one year following approval. Finally, Section 330:195 of the Mound City Code states, "Anyone violating any of the provisions of this Section (i.e. the Platting and Subdivision regulations) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or by imprisonment for a period of not to exceed 90 days or both. Each day during which compliance is delayed shall constitute a separate offense.', Does the city council intend to use this ordinance if it believes that no other remedies are available? In conclusion, the City of Mound has the authority and obligation to declare the preliminary and final plat null and void. The developer must submit a new preliminary plat to the City to begin the process anew. Res~tfull~ submitted, homas E. Cagey TEC:rf cc: clients file -3- May 10, 1994 6. Outlot A shall be limited in use to a private street and utility extension of Drummond Road to serve Lots 1, 2 and 3. An undivided interest in Outlot A shall be conveyed to each of Lots 1, 2 and 3 and bound to those parcels in the property tax records. It is further understood that all tax parcel descriptions shall include the individual lot and the undivided interest in Outlot A and this may not be divided off in the future. 7. Park dedication in the amount of $500 per lot totaling $4,500 is to be paid prior to the City releasing the final plat. 8. The existing cash balance of $2,934.10 plus an additional $1,000 plus any additional sums necessary to cover engineering, planning, legal and administrative expenses shall be deposited with the City prior to the City releasing the final plat. 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. The foregoing resolution was moved by Councilmember Jessen and seconded by Mayor Johnson. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. 127 B.I ! ti_ 0 November 9, 1994 Hoisington Ko, er Group/nc. RECE/VE ;;Or I O Mr. John Bessesen Bessesen Properties, Inc. 33 10th Avenue South Hopkins, MN 55343 Dear Mr. Bessesen: The City of Mound is in receipt of the final plat and a signed development agreement for Teal Pointe along with your request for City signature on the plat. A number of issues still require resolution before the City will be in a position to release the plat. 1. Mound City Code Section 330:35, Subd. 9 states that "the subdivider shall, if the final plat is signed by the Mayor and City Manager, record the final plat with the County Recorder or the Registrar of Titles within 60 days after signing. Any final plat not filed and recorded within 60 days of the date of the Council resolutions approving the final plat, or within 60 days after the plat is considered approved by reason of the City Council's failure to act..., shall become null and void." The final plat for Teal Pointe was approved on May 10, 1994 which is over 180 days ago. Because of the extended period of time, it is the opinion of the Mound City Attorney, that the final plat will again need to go before the City Council for reconfirmation. 2. The title opinion for Teal Pointe was granted by the City Attorney on April 6, 1994. Standard practice dictates that a title' opinion is valid for a period of 6 months. Therefore, another title opinion is necessary prior to City Council reconfirmation. We encourage you to have an updated abstract provided to the City Attorney's office or to authorize in writing the Attorney's office to make necessary arrangements to update your title documents. 3. Resolution 94-65 granting final plat approval stipulates that construction of public improvements shall be complete within 180 days of the City releasing the final plat. Due to winter approaching, it is the opinion of the City Engineer, City Planner and City Attorney that it would be nearly impossible for construction to be completed in the 180 day time period. Therefore, along with reconfirmation, conditions of approval should be modified to extend the allowable construction period to 280 days. Land Use /Environmental · Planning /Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Mr. John Bessesen November 9, 1994 Page 2 4. The following items need to be supplied to the City at least seven (7) days prior to the scheduled City Council meeting on November 22, 1994: 1) final plat hard shells (already supplied), 2) a signed development agreement with a new construction time limit of 280 days, 3) one complete set of homeowner's documents with revisions required through the EAW, 4) a letter of credit or other form of security, for $127,500, 5) a permit from the Watershed District, 6) necessary information and assistance to transfer Outlot B to the City, 7) arrangements to update title documents, 8) park dedication in the amount of $4,500, and 9) a positive escrow cash balance of at least $1,000. You will need to satisfy and/or have the original Resolution 94-65 amended to cover all of the items set forth in paragraphs one through four above. Please review the conditions of preliminary plat approval and final plat approval including the City Engineer's report. As mentioned, this item is scheduled for review by the City Council on November 22, 1994. If you have any questions, please contact me. Sincerely, Bruce L. Chamberlain Planning Consultant Eric. CC: Ed Shukle, City Manager Jon Sutherland, Building Official Curt Pearson, City Attorney John Cameron, City Engineer BESSESN1.LTR PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE TO TO RECOGNIZE EXISTING NONCONFORMING SETBACKS AND A SHED IN THE FLOODPLAIN TO ALLOW CONSTRUCTION OF A CONFORMING ENTRY DECK AT 1871 SHOREWOOD LANE, LOT 2, BLOCK 12, SHADYWOOD POINT, PID #18-117-23 23 0061 P&Z CASE #94-72 WHEREAS, the owner, Brad Blazevic, has applied for a variance to recognize several nonconforming conditions in order to construct a covered deck at the front street side of the dwelling, as follows: Side NW, House Front, Det. Garage Lake, Shed Floodplain, Shed ~ ~ Variance 3.5' 6' 2.5' 1.5' 20' 18.5' 23'+/- 50' 27'+/- 930.9+/- Min. 933 2.1'+/- and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, side yard setbacks of 10 feet and 6 feet, and a 50 foot setback to the ordinary high water mark, and; WHEREAS, on June 23, 1992, the City Council approved a Variance Resolution #92-75 for this same property, however this proposal is smaller in size. One of the conditions within that resolution states, "... the existing nonconforming storage building shall be removed or moved to a conforming position on the lot. The house and storage shed shall meet all elevation requirements or the applicant must return to the Planning Commission to process his application for any required variances," and; WHEREAS, the project approved by Variance Resolution #92-75 was not implemented, and; WHEREAS, on September 8, 1994, the city received a complaint that work was in progress at the subject property without the required permits. A site inspection was made and a stop work order was issued. Upon review of Resolution #92-75, it was noted a permit for this work could not be issued without prior City Council approval, and; Proposed Resolution Blazevik, 94-72 Page 2 WHEREAS, the shed on the lake side was recently moved to approximately § feet from the side property line, which is a conforming side setback, however, it is still nonconforming to lake setback and floodplain elevation, and; WHEREAS, since approval of Resolution//92-75, the Shoreland Management Ordinance has been adopted that requires a 50' setback to the ordinary high water for the shed, and screening of some kind from the lake, and; WHEREAS, there is nowhere else on his property that the shed could be relocated and have a conforming elevation, and; WHEREAS, the contour of shoreline is unusual, and the neighbor on the other side was granted a setback variance to this shoreline for a porch and deck addition which is setback 21.6 feet from the water elevation, and; WHEREAS, a variance was granted for another property in the past for a shed to be located within the floodplain, however this was done prior to the adoption of the Shoreland Management Ordinance, and; WHEREAS, the house is small and the additional storage space is necessary. The shed is well built, matches the house, and is not unsightly, and; WHEREAS, lock boxes are not required to meetthe Regulatory Flood Protection Elevation of 933, and the use of this shed is similar to that of a lock box with the storage of boating equipment, etc., and; WHEREAS, the subiect shed is setback approximately 43 feet to the main body of water, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval with conditions and findings. Findings of fact are as follows: Practical difficulty exists because the shed has a poured slab. The applicant has made an effort to meet the criteria outlined in Resolution //92-75 in that he has moved the shed to meet the side yard setback. _ The setback variance to the "main body of water" is minimal at approximately 7 feet. _ There is no reasonable place on the lot that the shed could be relocated and not be in the floodplain. Proposed Resolution I~lazevik, g4-72 Page 3 The site is unique due to the inlet of water on the adjacent city property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance recognizing the following nonconforming situations to allow construction of a 6' x 14' covered entry stoop: Side NW, House Front, Det. Garage Lake, Shed Floodplain, Shed Existing ~ Variance 3.5' 6' 2.5' 1.5' 20' 18.5' 23' +/- 50' 27' +/- 930.9+/- Min. 933 2.1'+/- Variance approval is subject to the following conditions. The new entry structure will have a conforming 6 foot side yard setback. The 18.5 foot variance for the existing garage and the 3.5 foot side yard setback to the house are recognized only to facilitate construction of the entryway improvement. This approval shall not confer upon the applicant, the right to improve the existing nonconforming detached garage. Such improvements shall require additional variance approval in the future. c. The shed shall be screened according to the Shoreland Management Ordinance, Section 350:1225, Subd. 3. B. 2. d., as approved by staff. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land. Construction of a 6' x 14' covered entry deck with stairs. This variance is granted for the following legally described property: Lot 2, Block 12, Shadywood Point. PID #18-117-23 23 0061. Proposed Resolution Blazevik, 94-72 Page 4 This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subiect construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION NOVEMBER 14, 1994 CASE #94-72:T. B'AZEV, C S,OR. o-~-z~Z3 0061. VARIANCE FOR ENTRY DECK. OCK 12 Building Official, Jon Sutherland, reviewed the staff report. The applicant is seeking variances to recognize several nonconforming conditions in order to construct a covered deck/entry addition on the front street side of the dwelling. This proposal is smaller in size than what was previously approved by Resolution #92-75. After the 1992 resolution was approved, the applicant obtained a building permit to complete the work. A building permit refund was subsequently requested and issued on October 28, 1992 as the applicant stated he had unforeseen circumstances and was unable tc proceed. On September 8, 1994, the city received a complaint that work was in progress au the above address without the required permits. A site inspection was made a~d a stop work order was issued. Upon review of Resolution #92-75, it was noted a permit for this work could not be issued without prior City Council approval. The shed on the lake side has been moved, however, it is still nonconforming to lake setback and floodplain elevation. The applicant is seeking variances to the existing conditions as listed below: ~ ~ Variance Side NW, House 3.5' 6' 2.5' Front, Det. Garage 1.5' 20' 18.5' Side, Shed 4' +/- 4' none Lake, Shed 25' +/- 50' 25' +/- verify Floodplain, Shed verify Min. 933 ? Elevation Planning Commission Minutes November 14, I994 Since the approval of Resolution #92-75, the Shoreland Management Ordinance has been adopted that requires a 50' setback to the ordinary high water and screening of some kind from the lake. Staff recommended the Planning Commission recommend approval of a variance to recognize the existing nonconforming house and garage in order to allow construction of a conforming entry addition as shown on the attached survey, Exhibit A, with the following conditions: 1. The 18.5 foot variance for the existing garage and the 3.5 foot side yard setback to the house are recognized only to facilitate construction of the entryway improvement. This approval shall not confer upon the applicant, the right to improve the existing nonconforming detached garage. Such improvements shall require additional variance approval in the future. 2. The existing storage shed shall be removed or relocated to a conforming 50 foot setback to the ordinary high water prior to issuance of a building permit for the proposed entryway improvement. 3. The shed shall be screened according to the Shoreland Management Ordinance, Section 350:1225,Subd. 3. B. 2. d., as approved by staff. Applicant, Brad Blazevic, explained to the Commission that he did not build the shed, it was there when he bought the house. He has corrected the side yard encroachment, and the shed now has a 5 foot +/- setback from the side lot line. The shed has a concrete floor. There is nowhere else on his property that the shed could be relocated and have a conforming elevation. Relating to the lake setback, he noted there in an indentation of the shoreline that is unusual, and the neighbor on the other side was granted a setback variance to this shoreline for a porch and deck addition. The Commission confirmed that the other neighbors deck is setback 21.6 feet from the water elevation. The Building Official reminded the Commission that a variance to elevation was granted for a shed on Highland Blvd., however this was done prior to the adoption of the Shoreland Management Ordinance. Mr. Blazevic stressed that his house is small and the additional storage space is needed for his lawn mower, snow blower, etc. He stated that it is a nice shed that matches the house, it is not unsightly. Elevation requirements were discussed. Hanus noted that lock boxes are not required to meet the Regulatory Flood Protection Elevation of 933. Hanus is in favor of requiring screening. 2 Planning Commission Minutes November 14, 1994 The Commission discussed the setback to the "main body of water". It was noted that the neighbors porch is setback approximately 70 feet to the main body of water, and the subject shed is setback approximately 43 feet. Voss questioned the hardship for the shed. MOTION made by Mueller, seconded by Clapsaddle, to recommend approval of the requested variance, as recommended by staff, with the exception that condition//2 be deleted. Findings of Fact include: Practical difficulty exists because the shed has a poured slab. - The applicant has made an effort to meet the criteria outlined in Resolution //92-75 in that he has moved the shed to meet the side yard setback. The setback variance to the "main body of water" is minimal at approximately 7 feet. There is no reasonable place on the lot that the shed could be relocated and not be in the floodplain. The site is unique due to the inlet of water on the adjacent city property. It is also recommended that the following conditions be included: 5. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. 6. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The Building Official commented that he would not require an updated survey, that there is enough information available to determine the elevation of the shed and the lake setback to the shed. MOTION carried 4 to 1. Those in favor were: Mueller, Clapsaddle, Michael, and Hanus. ross opposed. Voss commented that he does not see that there is a minimum hardship for the shed. This case will be reviewed by the City Council on November 22, 1994. CITY OF MOUND DATE: TO: FROM: SUBJECT: APPLICANT: STAFF REPORT Planning Commission Agenda of November 14, 1994 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~ ~-~. Variance Request Bradley T. Blazevic CASE NO. 94-72 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 LOCATION: 1871 Shorewood Lane, Lot 2, Block 12, Shadywood Point, PI D #18-117-23 32 0061 ZONING: R-1 Single Family Residential _BACKGROUND The applicant is seeking variances to recognize several nonconforming conditions as listed below, in order to construct a covered deck/entry addition on the front street side of the existing dwelling. This proposal is smaller in size than what was approved previously by Resolution #92-75. After the 1992 resolution was approved, the applicant obtained a building permit to complete the work. A building permit refund was subsequently requested and issued on October 28, 1992 as the applicant stated he had unforeseen circumstances and was unable to proceed. On September 8, 1994, the city received a complaint that work was in progress at the above address without the required permits. A site inspection was made and a stop work order was issued. Upon review of Resolution #92-75, it was noted a permit for this work could not be issued without prior City Council approval. The shed on the lake side has been recently moved, however, it is still nonconforming to lakeshore setback and floodplain elevation. The applicant is seeking variances to the existing conditions as listed below: Side NW, House Front, Det. Garage Side, Shed Lakeshore, Shed Floodplain, Shed ~ ~ Variance 3.5' 6' 2.5' 1.5' 20' 18.5' 4'+/- 4' none 25' +/- 50' 25' +/- verify verify Min. 933 ? Elevation printed on recycled paper Staff Report Blazevic - #94-72 Page 2 COMMENTS In the previous staff report, the City Planner recommended the proposed improvement was warranted as it was consistent with practical difficulty. This recommendation was conditioned upon the storage shed being relocated to a conforming setback. This was confirmed by the Council in Resolution #92-75. Since that time, the Shoreland Management Ordinance has been adopted that requires a 50' setback to the ordinary high water and screening of some kind from the lake. RECOMMENDATION Staff recommends the Planning Commission recommend approval of a variance to recognize the existing nonconforming house and garage in order to allow construction of a conforming entry addition as shown on the attached survey, Exhibit A, with the following conditions: 1. The 18.5 foot variance for the existing garage and the 3.5 foot side yard setback to the house are recognized only to facilitate construction of the entryway improvement. This approval shall not confer upon the applicant, the right to improve the existing nonconforming detached garage. Such improvements shall require additional variance approval in the future. 2. The existing storage shed shall be removed or relocated to a conforming 50 foot setback to the ordinary high water prior to issuance of a building permit for the proposed entryway improvement. 3. The shed shall be screened according to the Shoreland Management Ordinance, Section 350:1225, Subd. 3. B. 2. d., as approved by staff. JS:Pi The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on November 22, 1994. D~[HPSEY-GRAy CONTR~,' ~i, Esloblished in 1962 LOT SURVEYS COMPANY, INC. LAND 8URV~")RS REGISTERED UNDER ' ~TE OF MINNIr.8OTA 7601 - ~atd Ave-' J II INVOICE NO.. 36131 o Denolil Iron Mo~umanl El Denotal 'Wood Hub Foe' EXCQVQIioA Only xO00.O Deles Existing Elavollon O Denolal Proposed Elavollon ~ Denotes Surface Drainage ~29.4 Legal description: That part of Lot ], Block 12 Shady~ood Point. lying Easterly of the Hesteriy 60 feet thereof, and that part of Poplar Landing, n~ vacated, lying Northwesterly of the Northwesterly line.of Lot 14, Block 11, Shad~ood Point. extended Northeasterly, and lying ~esterly of a line described as follows: Beginning at a point on the Northeasterly line of said Lot 14 distant 40 feet Northerly fr~ the ~st Easterly corner thereof; thence Northerly on a straight line to Its point of tangency uith the Easterly line of said Lot 1, and there ending. For purposes of this survey, said last-above-described line has been ass~d to be the Easterly ternfnus of Poplar Landing, n~ vacated. ~ me mcatloe ot NJ IxJlldi~a ~ vii. Su~eV~byuelhle--16th earoI-Deceeber ~__ 93 8i~ned ' I~y~ond A..Prnsch Minn. Reg. No. 6743 -- R~.9o Planning Commission Date: City Council Date: Distribution: VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 City Planner Public Works City Engineer ~ DNR Other Application Fee: $50.00 Case No..~ OCT 1 11 19 Please type or print the following information: Address of Subject Property~ Lot___~'-,_./c_) PID No. Addition~ District Use of Property: Owner's Nam~ Day Phone Owner's Addressee Applicant's Name (if other than owner) Address Day Phone 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for.this property? )g~ yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) ana provide copie~ o'f resolutions. 2. Detailed descfipton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application (11/93) Page 2 Case No. 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zonin,. district in which it is located? Yes (), No~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot ar~, etc.): SETBACKS: required requested (or existing) .~.~e~ Front Yard: · o Side Yard: b-/o,.'S <--Si,d.~ Yard: Lakeside: VARIANCE Hardcover: sq ft sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it i' located? Yes ~ No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) too small ( ) too shallow ( ) topography ( ) drainage ( ) shape ( ) soil (~') existing situation other: specify Please describe: Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No~ If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes~ No (). If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petfion? Yes (), No (). If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PERTY ADDRESS://~ ~ (' LOT AREA [-~) ~__~r..~ SQ. FT. X 30% = LOT AREA SQ. FT. X 40% LOT AREA SQ. FT. X 15% (for all lots) .............. I = (for Lots of Record*) ....... I = (for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE X = X = DETACHED BLDGS (GARAGE/SHED) TOTAL HOUSE ......................... /'~, .~ x ~0, ~ .= /°6'°5 TOTAL DETACHED BLDGS ................. DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. X = TOTAL DRIVEWAY, ETC .................. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER TOTAL DECK .......................... x z'7' = X = TOTAL OTHER ......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE I c~q~/ ~'-~ EPAREOVER (indicate difference) ............................... I I .BUILDING PERMIT APPLICATIOP' SITE LEGAL DESCRIPTION OWNER CONTRACTOR ARCHITECT &/OR ENGINEER CHANGE OF USE CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600 Fax: 472-0620 Subject Address~ Tenant/Building Name The applicant is: ~ contractor ~tenant Lot ~ PID# Block~ A . . ddlhon~ Nsme~~k/ Phone (H) Name~~ Address Phone (H) Name Address Phone (H) FROM: TO: (w) (M) License # DESCRIBE WORK:_~~_ ~.,-?~[,~,.. ~,~j., ~ -~. VALUATION ~ OF WORK: ~ ?/-~~-o ~ 1 VALUE APPROVED: SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. TIME UMITS ON BUILDING COMPLETION. ALL WORK TO BE PERFORMED PURSUANT TO A DUI ~ND ALTERATIONS [O THE EXI[-RIOR~ OF ANY BUILDING OR STRUCTURE IN ANY ZONING I.DING PERMIT OBTAINED FOR NEW CONSTRU PERMIT ISSUANCE THE PERSON OBTAINING THE DISTRI CTION SUBDIVISION IS A MISDEMEANOR OFFENSE PERMIT AND THE OWNER OF THE PflOPERTyC~H~S~H, ALL~B~E.~C_O_M.._P~'TED WITHIN ONE (11 ~E~PAFIRS' REMODEUNG.~. · ,,~u. oc r~YONSIBLE ..ROM THE DATE ur FOR COMPLETION. A VIOLATION OF THIS THE CITY COUNCIL MAY EXTEND THE TIME FOR COMPLETION UPON WRITTEN REQUEST OF THE PERMITTEE ESTABUSHING CITY COUNCIL THAT CIRCUMSTANCES BEYOND THE CONTROL OF THE PERMITTEE PREVENTED COMPLETI~I~ OF THE WORK TO THE REASONABLE SATISFACTION OF THE EXTENSION SHAll BE REQUESTED NOT LESS THAN THIRTY (30)BUSINESS DAYS PRIOR TO THE END OF THE ONE-YEAR p[F~D.WHICH THE PERMIT WAS GRANTED. THE ~EvREEp~R~FIsY THATIHAVE READ AND EXAMINED THIS A TYPE OF WORK PPLICATION AND TO VIOLATE OR CANCEL T WILL BE COMPLIED WITH WHETHER S KNOW THE SAME TO BE TRUE AND CO HE PROVISIONS OF ANY OTHER S PECIFIED HEREIN OR NOT THE G RRECT. ALL PROVISIONS OF LAWS TATE OR LOCAL LAW REGULATINg' CO S~RIINcT~I~N~G, O_F_A PERMIT DOES NOT PREsU A~D ORDINjAN~.~ N ...... Hue; Uti THE ==n=. ......... ME TO GIVE AUTH~,r~, · PE,. ~nm~m~.= uP CONSTRUCTION. APPEICANT'S'-SIGN ATUi~ ' _ DATE ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~/~~~~~~~~~~~~~~~~~~~~~~~ (OFFICE USE ONLY) SPECIAL CONDITIONS & c~MMENTs~//////////////////////////////////////////////////////////////////////// ~ION TYPE: 3 OCCUPANCY GROUP IDIV: MAX OCCUPANT LOAD ZONING · STORIES FIRE SPRINKLERS REQUIRED? CITY ENGINEER · UNITS YES I NO PUBLIC WORKS ASSESSING COPIED TO ALLOW CONSTRUCTION OF AN ADDI AN ENTRYWAYAND ~.. ~ ..... TION INCLUDING I KI.~ '&~ARSION A 2, SHADYWOOD POINT- ~ · ..... T LOT 2, BLOCK · ~u t&"-117-23 23 0061 P&~ CASE NUMBER 92-026 WHEI~EAS, the applicant has applied for a variance to construct an addition including an entryway and kitchen expansion; and WaEP, EAS, the subject property is located w/thin the ~-1, Single Family Residentia! Zoning District which accordin9 to code requires a side yard setback for the Pr/nc/pa! structure of 6 feet, a front yard setback of 20 feet for detached garapes and a 4 foot side yard setback for storape sheds (accessory buildinps); and WHE~EAB, the property currently has a storage shed that encroaches 1.2 feet into the neighb°rin9 property, a detached 9arape which encroaches 18.5 feet into the required front yard setback and the Proposed entryway will encroach 2.5 feet into the required side yard setback; and WHEREAS, the Planning Commission has reviewed the request an~ has recommended approval of the side yard variance for the encryway addition, recopnition of the garage front setback variance for the purpose of constructing the entryway addition, and further requiring that the storage building be removed or relocated to a c°nf°rmin9 Position on the lot within one year of the adoption of this resolution by the City Council. The Planning Commission also adopted the following Finding of Fact: The Planning Commission finds that the recognition of the existing 18.5 foot variance for the garage and the variance of 2.5 feet for the entryway are consistent with Section 23.506.1 of the Mound Code of Ordinances. Locating the entryway addition other than as proposed would create a practical difficulty on the property. NOW, TaEREFORE, ~E IT P-ESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby a~prove the 2.5 foot side yard setbackvariance and recopnizes the 18.5 foot front yard setback variance for the detached gara9e and further finds that the e×istin9 n°nc°nf°rmin9 st°rape building shal! be removed or moved to a conforming pos/t/on on the lo.t. The house and stora9e shed sba1! =eet all e~evation reqUire~%nts 124 or the applicant must return to the plannin9 Commission to June 23, 1992 proces? . his applicaton for any required variances. Recognition of the variance for the detached garage shall not confer upon the owner, the right to improve the existing structure. 2. The city Council authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) of the zoning Code with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. 3. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of an entryway and kitchen expansion addition. 4. This variance is granted for the following legally described property: Lot 2, Block 12, Bhadywood Point. PID ~18-117-23 23 0061 5. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. 6. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Mayor Johnson and seconded by Councilmember Jessen. The following voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following voted in the negative: none. Attest: city Clerk ~/~k~? Johnson ~ayor 125 X2HUTEs _ ~OUND CITy COUNCIL _ JUNE 23, 1992 ~ C~HADYWOOD ~ZNT . HOR W~ The C~2~ Planner explained 2ha2 the re~es~ [s ~o add an addition 2ha~ re,ires a variance of 2.5 fee2. The nonconfo~[t~es ~hat need 2o be addressed. The 9ara~e [s ~.5 fee2 prope~y has 2~o o2her off the right-of-way line and the other Is a storage shed that sits to the rear of the prope~y which is encroaching 1.2 feet o~to the ne~ghboring progerty which is city property. The staff reco~endation was agproval of the variances to allow const~ctio~ of ~e entr~ay, specifically including the side yard setback, recognition of the garage setback, and i~ediate removal, pr/or to building Pe~tt, of the s~orage shed from City Progerty. At the Pla~i~g Co~ission meeting, the a ~i · desire to re,est a vacation of t .~ ..... ~ .~ant indicated a he ..=~orlng cl=y ~ro~erty which wou~d alleviate the e~croachment of the storage shed. ~e Plannin Co~ission agreed and reco~ended that the shed be allowed to sta~ for one year to give the applicant time to re,est the vacation. ~e 9ro~osed resolution does reflect th~s. The C~ty Attorney reco~ended that the Council follow the reco~endatlon of the City Planner to have the storage shed removed ~ed~ate~y from the 9ublic land to be consistent with action the City ~s taking in other cases. The applicant stated he was not aware the shed was on public property until he had his su~ey done in May. There was considerable discussion about the storage shed and its ~ocat~on and whether the adjoining property is public land. The City Planner also asked that the elevations at the floor level be verified as being at the 933.4 mark. The not looked at by the Planning Co~ission. elevatiOn~estion was The Council dis~ssed how they could allow the applicant to start h~s building and address the elevation and removal of the shed ~s~ons. The City Attorney suggested that the following be deleted from the resolu=ion and some other lan~age be added: 1. "The City does hereby approve the 2.5 foot side yard setback variance and recognizes the ~8.5 foot front yard setback variance for the detached garage and further find that the ex~sting nonconfo~g storage building shall be removed or moved to a confo~ing position on the The Council fe~t th~s was a good way to allow him to get his building Pe~it and still address the storage shed and elevation problems. They a~so agreed that the ap~lican~ Would not pay another fee for a variance if he had to go back to the Planning Co~ission about the elevatiofls. The C~ty Attorney asked the appl~can= if he Would move the shed off the ~lic prope~y. The ap91icant stated he would remove the shed from ~e P~ic 9roperty within two weeks. Johnson moved and Jessen seconded the following resolution: ~SOL~ION 9~-7~ ~SOLUTION~APPRO~A~i~CE TO~ CONSTRUCTION OF ~ ~DITION INCLUDIN~ E~R~Ay ~ KITCHEN EXP~SION AT ~T B~CK 12 ~ 8~D ~I~, ( 187 SHO~D ~), PID ~18-117-23 23 0061, P & S CASE The vote was unanimously in favor. Motion carried. PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A LOT SIZE VARIANCE TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 4961 BEDFORD ROAD LOT 5, AND THE EASTERLY 10 FEET OF LOT 6, BLOCK 37, WYCHWOOD PID #24-117-24 41 0144, P&Z CASE #94-74 WHEREAS, the owner, Wanda Martens, has applied for a lot size variance of 1,840 square feet, to the required 6,000 square feet, to allow construction of a new dwelling. The existing undersized dwelling is proposed to be removed, and; WHEREAS, the subject property is located within the R-2 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, this lot is classified as a lot of record, therefore, it is subject to corresponding setbacks and hardcover limitations. With the exception of lot area, all aspects of the proposal are conforming. The total amount of hardcover (31%) is slightly above the limitation for non-lots of record and easily within the 40% used for lots of record, and; WHEREAS, because of grades in the area, the existing home has a massive retaining wall along the existing curb line that incorporates an off-street parking stall, and the construction of the new home improves this situation, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a lot area variance of 1,840 square feet to allow construction of a new dwelling, subject to the following conditions: a. Due to the steep topography of the existing lot, prior to construction, the owner and builder shall install erosion control measures adequate to retain all silt from storm water runoff on the subject lot. b. As applicable, the owner shall comply with the provisions found in Section 330:1225, Subd. 6.B. of the Mound City Code. Proposed Resolution Martens, 94-74 Page 4 The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subiect to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a new single family dwelling. This variance is granted for the following legally described property: Lot 5, and the Easterly 10 feet of Lot 6, block 37, Wychwood. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subiect construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION NOVEMBER 14, 1994 CASE #94-74: ~A_RTENS 4961 BEDFORD ROAD. LOT 5 & ELY 10' OF 6 BLOCK 37 WYCHWOOD. PID #24-117-2441 0144 VARI~-~CE HOUSE. · TO LOT AREA FOR NEW Building Official, Jon Sutherland, reviewed the City Planner's Report. The applicant is requesting a lot size variance of 1,840 square feet, to the required 6,000 square feet. The existing undersized dwelling is proposed to be removed and replaced with a new structure. Because of grades in the area, the existing home has a massive retaining wall along the existing curb line that incorporates an off-street parking stall. This lot is classified as a lot of record, therefore, it is subject to corresponding setbacks and hardcover limitations. With the exception of lot area, all aspects of the proposal are conforming. The total amount of hardcover (31%) is slightly above the limitation for non-lots of record and easily within the 40% used for lots of record. Staff recommended the Planning Commission recommend approval of the lot area variance of 1,840 square feet to allow construction of the proposed home in accordance with the following conditions: Due to the steep topography of the existing lot, prior to construction, the owner and builder shall install erosion control measures adequate to retain all silt from storm water runoff on the subject lot. As applicable, the owner shall comply with the provisions found in Section 330:1225, Subd. 6.B. of the Mound City Code. MOTION made by Hanus, seconded by Voss to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case will be reviewed by the City Council on November 22, 1994. MOTION made by ross, seconded by Clapsaddle, to adjourn the meeting at 9:15 p.m. Motion carried unanimously. Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: November 9, 1994 SUBJECT: Variance Request APPLICANT: Wanda L. Martens CASE NUMBER: 94-74 HKG FILE NUMBER: 94-5cc LOCATION: 4961 Bedford Road EXISTING ZONING: Two Family Residential (R-2) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is proposing to remove an existing home and replace it with a new structure. The current home is an undersized dwelling that sits in the center portion of the lot. Because of grades in the area, the existing home has a massive retaining wall along the existing curb line that incorporates an off-street parking stall. The lot which is located in the R-2 zone has an area of 4,160 square feet which is 1,840 square feet under the required 6,000 square foot minimum. COMMENT: The existing lot is classified as a lot of record. Therefore, it is subject to corresponding setbacks and hardcover limitations. The proposed dwelling is a "tuck under" structure that accommodates grades on the site. Even with this style of home, retaining walls will be necessary in the front yard portion of the lot as shown on the survey. With the exception of lot area, all aspects of the existing home are conforming. The total amount of hardcover (31%) is slightly above the limitation for non-lots of record and easily within the 40% used for lots of record. In order for the City of Mound to grant a variance, the proposal needs to represent the minimum variance to alleviate an existing hardship or practical difficulty. In this particular case, the applicant is proposing to replace an existing undersized dwelling with a new home which meets Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 ' Minneapolis, Minnesota 55439 ' (612) 835-9960 ' Fax: (612) 835-3160 Martens Variance Planning Report November 9, 1994 Page Two the minimum size requirements found in the Zoning Code and to the degree possible, fits the topography of the existing site. The proposed home requires only a variance for lot area. RECOMMENDATION: Staffrecommends that the Planning Commission recommend approval of the lot area variance of 1,840 square feet to allow construction of the proposed home in accordance with the following conditions: Due to the steep topography of the existing lot, prior to construction, the owner and builder shall install erosion control measures adequate to retain all silt from storm water runoff on the subject lot. o As applicable, the owner shall comply with the provisions found in Section 330:1225, Subd. 6 (B) of the Mound City Code. ~R 37, WYCHWOODBeo,/-or.cr, ENNEPIN COUNTY, MINNESOTA / £~ ,'~ t,'..~ PropO~ec/ I I iI lYon,se I LEGAL DESCRIPTION OF PREMISES SURVEYED: Lot 5, and the Easterly 10 feet of Lol 6, Block 37, WYCHWOOD. o: deno[es i~on marke~ set e: deno:es i~on ~a~ker foond Bearings shown are based upon an assumed da[um. This survey in[ends [o s~ow Lhe boundaries of [he above described the location of an existing house, the proposed location of a proposed house, and the 'location of all existing "hardcover" thereon. IL duos not ~port %o show any other improvements or encroachemen~s. vision,'and h~l J am a duly rt,~isleted ('ivil Engh~ee[ and I.,u~d SUrveyor under ~,lrk ~. (;tollJ~'f~ Mml~t'sOl,~ I,icL'l~' Numl~' ~' ~ I" :lO' ~, ,. ~,, c/or - 393 VARIANCE APPLiCATiOI~ CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 _iD-~ / City Planner lO-StPublic Works -~0 '3[ _ City Engineer -)._(}"5l - DNR Other - Application Fee:~ Case Please type or print the following information: Address of Subject Property~ Block Ad ' ' '~ · dmon~ PID No. District Use of Property: /'/3,~ -,.r/~o _ ~.~ ...... Owner's Address Applicant's Name Of other than owner) Address Day Phone 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ~ yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Variance Application (11/93) Page 2 Case No. 3. Do the existing structures comply with all area, height, bulk, and setback regulations for the zonin~ district in which it is located? Yes (), No J~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested (or existing) VARIANCE Front Yard: ((~ S E W ) ~o' ft. ft. ft. -- - ft. ft' Side Yard: ( N S (~ W ) 6 ft. ft. Side Yard: ( N S E (~) 6 ft. ft. Rear Yard: ( N(~E W ) /__C ft. ft. ft' - ft. ft. Lakeside: ( lq S E W ) - ft' fl. · (NSEW) ft. ft. ft. ft. ft. Street Frontage: ~.~o _sq ft ,.//(,,o _sci fl / ~-4,D_sq fl Lot Size: -- _ Hardcover: /~.//re _sq ft / ;;LC5- _sq ft 1'7 _sq ft Does the present use of the property conform to all regulations for the zoning district in which it i' located? Yes ~, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil too small ( ) drainage ( ) existing situation X1 too shallow ( ) shape ( ) other: specify Please describe:. Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~. If yes, explain: e Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), NoJ~O. If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (). If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. ~)wner's Signature~ Applicant's Signature Date Date CITY OF MOUND H_ARDCOVER CALCULATIONS (iMPERViOUS SURFACE COVERAGE) SQ. FT. X 30% = (for all lots) ..............I-/m'Y~ _1 LOT AREA _ 7-//& ~ _ SQ. FT. X 40% = (for Lots of Record*) ....... I_/~ &~/ I LOT AREA_~/ ~° LOT AREA SQ. FT. X 15% = (for detached buildings only) · · · Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SO ~ X = HOUSE E~~ ~/ - .... ....~~ ~Z~ ~ - DETACHED BLDGS X = ................. DRIVEWAY, PARKING( ~'~ ~ I AREAS, SIDEWALKS~ X ETC. TOTAL DRIVEWAY, ETC X DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted es hardcover TOTAL DECK .......................... = ~{ OTHER L//b,z4o~-,4' ~ot°e,~c~- l o X _ ~'~, I _ _.q ,-z.--'/~ ~c, X = ~ ~ X x TOTAL HARDCOVER/IMPERVIOUS SURFACE UNDER/~O__V~'~indicate difference) ............................... PREPARED BY~ DATE__/~- 2~-~z/' - FA~i ~i'-' 472 0620 .. CITY OF'hlOUND '*'*-* ANClIOR $CIENTIFI ,'HOUSE,, -'GARAGE: ADDRESS: EXI. STING LOT ARE,~ _,,~/.g O' DRIVEWAY: '- CITY OF MOUND HARDC'OVER C~LGULATiONS "~ ~ SQFT X ~30% - SQ FT X 15%. = o-"~.~.. LENGTH .' WIDTH TOTAL HOUSE X X TOTAL'GAnGE ' ,.' 'TOTAL'~~ DECK: (~f impervious .- surface un,er .= deck - iOOZ) TOTALDECK TOTAL ..; DECK OTHER: Co~4. ~T~P$ I~ .TOTAL OTHER TOTAL PROPOSED HARDCOVER * * u.__S ? ......... ~....~,~ - ~,~ :.-- :............... ~r'--q,r' i RESOLUTION NO. 77 - 514 RESOLUTION CONCURRING WITH THE PLANNING COHHISSlON & GRANT VARIANCE 'TO EXPAND NON-CO~IFORHING USE PROVID- ING GARAGE SITE IS DESIGNATED & OFF STREET PARKING REQUIREMENT IS HET-Lot $ & Part of Lot 6 Block 37, Wychwood ~HEREAS, owner of property described as Lot 5 and part of Lot ~, Block 37, ~!ychwood has applied for a variance to expand a non-conforming use, and WHEREAS, said property is zoned Residential B - 6,OOO sq. ft. single family dwelling, and WHEREAS, said property has 4,000 sq. ft. and is undersized by 2,000 sq. ft., and WHEREAS, expansion of structure would be upwards and the'existing ground Size of structure would remain unchanged. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, HOUND, HINNESOTA: That Council concurs with Planning Commission and does hereby authorize the granting of a variance to expand non-conforming use. Said structure to be expanded up- wards, with the addition of a loft. Further, that a garage site be designated and off street parking requirement is met. Adopted by Council this 8th day of November, 1977. GENERAL ZONING INFORMATION SHEET A DRESS' , , REQ, LOT AR~ tEOUIRED SETBACKS PRINCIP UILDING HOUSE FRONT:~'~ S ~- W , · ' SIDE: N S yE) ,Y~ ~ , ..... SIDE: N ,~"I~ (.~ L~ - REAR: N IS )E W 15' LAKESHOR :~ 50' {measured from O.H.W.) - ACCESSORY BUILDING ARAGE SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W ~4'or 6' SIDE: N S E W 4' or 6' REAR: N S E W 4' LAKESHORE: -50' (measured from O.H.W.) ,OVER CONFORMING? YES ACCESSORY BUILDING GARAGE HED Y~, ~ FRONT: N S E W --------- 'RONT: N S E W ------- SIDE: N S E W - SIDE: N S E W - tEAR: N S E W - LAKESHORE: ~ IS THIS PROPERTY CONFORMING7 YES I I 0 0 ~- O0 0 Ix) I I CO PROPOSED RESOLUTION #94- TO APPROVE AN OPERATIONS PERMIT FOR PXC CORPORATION d.b.a. AMERIWEB 5314 SHORELINE DRIVE (BALBOA BUILDING) WHEREAS, Operation Permits are required by City Code for new businesses operating within the Balboa Building which is a Planned Industrial Area (PLA), approved by Resolution #85-87, and amended by Resolution #87-145, #87-205, and; WHEREAS, PXC Corporation, which is currently located at 2321 Commerce Boulevard, is proposing to expand into space in the Balboa Building, and operate a division known as Amerivveb, and; WHEREAS, Ameriweb will be involved in the design, engineering, and assembly of materials handling machinery. They will initially occupy and area of approximately 10, 500 square feet and will have a staff of approximately 15, and; WHEREAS, materials shipments will be by semi truck and by UPS, and; WHEREAS, they do not anticipate the generation of any significant amounts of noise or odors. The business will not involve the storage or discharge of any chemicals nor will it require any outdoor storage, and; WHEREAS, the proposed operation is consistent with the criteria for granting Operations Permits found in Section 350:680, Subd. 8 of the Mound Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve an Operations Permit for Ameriweb to design, engineer, and assemble materials handling machinery in the Balboa Business Center subject to the following conditions: 1. The proposed use, as well as any building modifications required, shall conform to all building, fire and health code requirements. Providing that the nature of the business remains unchanged, this permit shall encompass the use of up to 50,000 square feet of the Balboa Building by Ameriweb. Hoisington Koegler Group Inc. mc! PLANNING REPORT_ TO: Mound City Council and Staff FROM: Mark Koegler, City Planner DATE: November 9, 1994 SUBJECT: Operations Permit Approval APPLICANT: PXC Corporation d.b.a Ameriweb CASE NUMBER: 94-75 HKG FILE NUMBER: 94-5ff LOCATION: 5314 Shoreline ~ (Balboa Building) EXISTING ZONING: Industrial (Planned Industrial Area) COMPREHENSIVE PLAN: Industrial BACKGROUND: PXC Corporation which is located at 2321 Commerce Boulevard is proposing to expand into space in the Balboa Building. Uses within the Balboa Building are required to obtain an Operations permit. PXC which will operate a division known as Ameriweb is seeking an Operations Permit. · e involved in the design, engineering, and assembly of materials COMMENT: Ameriweb val. l,,b ......... ,my an area of al~proximately 10,500 square feet and handling machinery. They wm ~nmany occ~vj ..... will have a staff of approximately 15. They are hopeful that more space will be needed in the near future after the operation becomes established. Materials shipments will be by semi truck and by UPS. They do not anticipate the generation of any significant amounts of noise or odors. The business will not involve the storage or discharge of any chemicals nor will it require any outdoor storage. RECOMMENDATION: Based on information contained in the Operations Permit application, Ameriweb is an appropriate use in the Balboa Building. Staff recommends that the City Council approve of the Operations Permit with the following conditions: Land Use / Environmental ' Planning/Design 7300 Metro Boulevard / Suite 525 ' Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Ameriweb (PXC) Operations Permit November 9, 1994 Page Two The proposed use as well as any building modifications required shall conform to all building, fire and health code requirements. Providing that the nature of the business remains unchanged, this permit shall encompass the use of up to 50,000 square feet of the Balboa Building by Ameriweb. OPERATIONS PERNfFE APPLICATION City Planner, ~ Building Of fi=~-' ~_~--~ Other: - ed for the uee~ listed ~thi or arant~ng o~rat~on Ln Zoning Or~n ....... ~lts must ~ for s~aff =evil. The City ~unc~l All o~rat~o~" ~ nc~l meeting to ~ ~ekl p=Lo= =o t~e City ~u =lpresentative Is encou=~w=~ ~ ~: ................................. Section 1 - Applicant Information~ 1. S~reet ~ress o~ ~~Y ~ Shoreline Drive oun ' Bl~k N / A 2. ~gal ~ipti~ of p~rty: ~t N/A : -- p~ ~. !3-117-24-J4-0096 A~ition N/A Welsh Companies, Inc. as Receiver for~y p~ NO, 897-7700 a Minnesota Company~ Inc. - -- ~a~ Balbo ~S 8200 No~andaze ~zvu ..... City of Mound, 5341 Maywood Road, Mound_, MN 5536~4" Phone, 472-0600, ,AX, 472-0620 [ Operations Permit c,,, ,o. q4-U 4. Applicant (if other than owner): Day Phone No. __~ PXC Corporation d.b.a. _Ameriweb . Name .... __A. ~----/T:____--_ gi~ ' ~sot 55364 Add.ess 2321 ~oim~erc= ~ · , ....... Section 2 - Business Informati°n'~~~~~~~a~ Total Floor Area Manufacturing Area Sales Floor Area 1. Name of Business AMERIWEB DIVISION F PXC CORPORATION Office Area 2~378 2. 10,566 -- 0 Warehouse A~a 8,188 _ 0 Ot~r :(please specify) _ 0 3. Describe Nature of Business 4. Location (cite ~it number or attach floor plan) 5. Number of Employees: 1st Shift _ EST. 15 _ 3rd shift e Floor plan submitted bcf Welsh Companies, Inc., 10/21/94 2nd Shift Adjacent Uses (list businesses) ~tin Toro Dro shi Ex ress, Wagner Corporation, W.G. Anderson ____ ® Section 3 - Business Operations 1. Describe PrOducts Produced or Services Offered (attach if available) · ~ prOduct brochures What types of materials will be shipped into and/or stored within the premises? ROLLS F P PE RELEASE OAT Will materials be shipped by: rail other (specify) _ 'VPS ETC. semi truck Will delivery vehicles be stored on the property? Yes If yes, attach site vehicles, p.lan showing parking stalls assigned-to d~llver%y Does the business plan future expansions at this 1 .' No · If yes, describe amount of a-k: .... ocatlon? Yes ~SSI-BLE __ NO TIMETABLE -~c~pated expansion and-timing~ Will the business require an~ modifications to the exterior of the existing building including but not limited to doors, windows, overhead doors, cooling towers, HVAC units, etc? Yes X No · If yes, please described and attach a floor ~lan and-exterior building elevation drawings. WELSH COMPANIES Will the proposed operation involve: Noise Generation: Yes No_ · If yes, describe DRILLS, BLOWERS n~ ....... source and amount NO OF _~,.~ na~NuL~NG MACHINE - SOurce and amountMi~,~ .... No _------ · If~ ~a~ -- FROM ADHESIVES -- Toxic a es If yes, describe source, and amount No Provide a detailed listing of all chemicals which will be discharged into the sanitarY sewer system. NONE will the operation include either interior or exterior storage of bulk No X If yes, attach floor plan and/or chemicals? Yes______=__. -- ~;scribe spill/leakage containment site plan showing location and provisions. Other than chemicals, will the operation require outdoor storage of If yes, describe materials ~ materials? Yes No X ~ntifying proposed screening by attach site plan ~howing focatlons and type and location. Section 4 - Certification I certify that all of the above statements and the statements contained in any required papers and plans to be submitted herewith are true and accurate- I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or be required by law. of posting, maintaining an~ removing such notice~Y Date J/' ~ - ~J Section 5 - City Review and Action~ city ~ chief Reviewed by: Building official x~ineer Other Planner City- Manager 3 BALBOA BUSINESS CENTER ~3ol Companies Comprehensive Real Estate Services 8200 Normandale Boulevard, Suite 200 Minneapolis, Minnesota 55437 612.897.7700 Fax 897.7704 October 24, 1994 Ms. Peggy James City of Mound 5341 Maywood Road Mound, MN 55364 Blueprints/Floor Plan PXC Corporation d.b.a. Ameriweb Balboa Business Center 5314 Shoreline Drive Mound, Minnesota Dear Peggy: Enclosed are four (4) copies of blueprints and one (1) reduced plan regarding PXC Corporation at the above referenced building. The operations application will be submitted by PXC Corporation directly within the next few days. Please call me at 897-7732 if you require any additional information. Thank you for your assistance. Sincerely, Paul Bickford Welsh Companies, Inc. PB:mi Enclosures November 22, 1994 PROPOSED RESOLUTION g94. RESOLUTION TO VOID RESOLUTION ~P)4.128 AND REPLACE IT WITH THIS RESOLUTION TO APPROVE A SETBACK VARIANCE TO HERON LANE TO CONSTRUCT A PORCH AND DECK AT 5000 ENCHANTED ROAD, LOT 1, BLOCK 21, SHADYWOOD POINT, pID #13-117-24 11 0069 P&Z CASE//94-63 WHEREAS, the owner, Ron Gavin, has requested that the original Resolution #94-128 be modified to delete conditions A. and B. These conditions were met prior to City Council approval of Resolution //94-128. The requested modifications are such that for administrative purposes, the original Resolution g94-128 will be voided, and replaced with this resolution, and; WHEREAS, the owner, Ron Gavin, applied for a variance to recognize an existing nonconforming setback of 7.1 feet to Heron Lane, the required setback is 10 feet resulting in a 2.9 foot variance, and to recognize an existing nonconforming shed to construct a porch and deck. The deck is proposed to follow the line of the house and follow the nonconforming 7.1 foot setback, and the porch will conform to setbacks, and; WHEREAS, this property is located in the R-IA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to Enchanted Road, a front yard setback of 10 feet to Heron Lane, a 6 foot side yard setback and a 50 foot setback to the ordinary high water, and; WHEREAS, the impervious surface coverage on this site is more than 30 percent, but less than the 40 percent with conditions allowable by our recent ordinance change. Due to this site's topography all stormwater is effectively managed by the 51 feet of green space between the structure and the lake, and; WHEREAS, the applicant has obtained an after-the-fact building permit for the shed, and it has been relocated to a conforming location, and; WHEREAS, there was a deck/dock on the shoreline that encroached into the adjacent unimproved Heron Lane, and this encroachment has been removed, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval of the variance to allow construction of a deck and porch as requested, subject to conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby grant a variance to recognize the nonconforming front yard setback of 7.1 feet from Heron Lane resulting in a variance of 2.9 feet, to allow construction of a porch and a deck, subject to the following conditions: November 22, 1994 The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a 16' x 20' three season porch, and 12' x 12' deck. This variance is granted for the following legally described property: Lot 1, Block 21, Shadywood Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. 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 November 11, 1994 City of Mound 5341Maywood Rd Mound, Mn 55364 Attention: Peggy James, Planning and Inspections Secetary Dear Peggy; - Regarding the resolution filing at Hennepin County: respectfully request to ~end a part of the Resolution # 94-128 which pertains to section 1 sub sets A & B. Our conversation in your office on November 7, 1994, explained to you that prior to the Mound City Council meeting of 9-27-94 when approval of a building pe~it was gran~%d J~n Sutherland inspected the site and was satisified that Compliance of a 10 x 12 shed had already been moved to a confo~ing location and the dock encroac~ent had been removed from the "into Heron Lane" and was conforming. The sections 1 A & B would put undue and unnecessary enc~berance on this title. Therefore I respectfully request they be deleted from this legal doc~ent prior to filing with Hennepin County. Peggy, as we discussed this may require MouDd City Council approval, therefore please consider this letter as a formal request. Th~king you for all of your help in this matter, I am. si re , 5000 Enchanted Raod Mound, Mn 55364 CC: 612-472-3021 Jon Sutherland, Building Offical Skip Johnson, Mayor City of Mound Council Members, City of Mound September 27, 1994 RESOLUTION//94-128 RESOLUTION TO APPROVE A SETBACK VARIANCE TO HERON LANE TO CONSTRUCT A PORCH AND DECK AT 5000 ENCHANTED ROAD, LOT 1, BLOCK 21, SHADYWOOD POINT, PID #13-117-24 11 0069 P&Z CASE g94-63 WHEREAS, the owner, Ron Gavin, has applied for a variance to recognize an existing nonconforming setback of 7.1 feet to Heron Lane, the required setback is 10 feet resulting in a 2.9 foot variance, and to recognize an existing nonconforming shed to construct a porch and deck. The deck is proposed to follow the line of the house and follow the nonconforming 7.1 foot setback, and the porch will conform to setbacks, and; WHEREAS, this property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to Enchanted Road, a front yard setback of l0 feet to Heron Lane, a 6 foot side yard setback and a 50 foot setback to the ordinary high water, and; WHEREAS, the impervious surface coverage on this site is more than 30 percent, but less than the 40 percent with conditions allowable by our recent ordinance change. Due to this site's topography all stormwater is effectively managed by the 51 feet of green space between the structure and the lake, and; WHEREAS, the nonconforming storage shed was constructed without the proper permits. The shed does exceed 120 square feet and therefore a permit is required, and; WHEREAS, the applicant has stated that he is willing to obtain a permit for the shed and relocate it to a conforming location and; WHEREAS, there is a deck/dock on the shoreline that encroaches into the adjacent unimproved Heron Lane, and this encroachment should be removed. Also, the deck/dock does not conform to the Zoning Ordinance or Shoreland Management Ordinance, and the applicant has stated that he will correct this situation, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval of the variance to allow construction of a deck and porch as requested, subject to conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby grant a variance to recognize the nonconforming front yard setback of 7.1 feet from Heron Lane resulting in a variance of 2.9 feet, to allow construction of a porch and a deck, subject to the following conditions: 268 Ae September 27, 1994 A building permit be obtained for the shed, and the shed be relocated to a conforming location. e B. The deck/dock encroachment into Heron Lane be removed, and the balance of it be relocated into a conforming location. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to a/ford the owners reasonable use of their land: Construction of a 16' x 20' three season porch, and 12' x 12' deck. This variance is granted for the following legally described property: Lot 1, Block 21, Shadywood Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember Smith and seconded by Councilmember Jensen. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. 269 612-8~5-~160 HO I S I NGTON KOEGLER Hoisin~n Koegler Gro~ Inc. MEMORANDUM 9?4 PO~ NOV 17 '94 16:43 November 17, 199~, To: Mound City Council From: Bruce Chamberlain, Mound Visions Coordinator Re: Phase I Downtown Redevelopment. There are three aspects of Phase I downtown redevelopment as shown on Exhibit A. They include 1) the Dost Lake Canal, 2) Auditors Road, and 5) the Auditors Road Strcctscape/Parkway concept plan. Although we have separated the projects for purposes of budgeting and project coordination, the three projects are integrally linked. 1. The Lost Lake project includes dredging the canal, mm-around area and transient dock m'ca. It also includes construction of sea walls at the mouth of the canal and around the transient docks as well as Bartlett Boulevard bridse modif~cstions, construction of the docks and a historical marker. The project team includes: · Hoisington Kocglcr Group Inc.- Project Manager oos Associates, Inc. - Project Engineer · McCombs Frank R ........ ;...,~,,mental Consultant · peterson Envtronmental ~onsulu; · · Braun Intertech - Oe, otechnical Consultant 2. The Auditors Road project includes construction of a newly aligned Auditors Road with on-street diagonal pafldng. The project also includes the purchase, demolition and bus,ness relocation of properties within the new roadway alignment. The new street will travel from Commerce Boulevard to the Existing alignment of county Road 15. When and if County Road 15 is relocated, Auditors Road can easily be extended to meet it as shown on the Downtown Concept Plan. McCombs Frank Roos Assoc., Inc. will have primary responsibilities in project management and engineering- 3. The Auditors Road streetscape/parkway concept design project will determine the layout and form of the new Auditors Road as well as determine the design of some Phase I elements of Auditors Road including street lighting, paving patterns and some landscaping. The design will include the streetscape elements such as sidewalks, lighting, landscaping, benches and banners on the north side of Auditors Road and the parkway features such as trails, landscaping, lighting and benches on the south side. Many of the designed elements will not be constructed until phase 11. Hoisington Koegler Group will have primary responsibility along with coordination with MFRA. Land U~e ! Environmental · Planning I ...... .~ ,~.,;,~ ~ · Minnea~olis.~nn~ota 55459 · (612)855-9960 · I?ax:(612)$~5-5160 61~-8~5-~160 HOISINGTON KOEGLER 9?4 P04 Ill NOV 17 16:44 Memo - Mound City Council November 17, 1994 Page 2 The total anticipated costs for each of before the City Council at this time is the projects are de~ribed on. Exhibit A. The de?ion the approval of design, administration and assoemted professional fees apart from the actual construction costs. The estimated fees described below are .outlined by project, according to the antici ated ti · .Au.d.,tors Road fees include only engine, erin,, and sg;urv---:~-me- of ex. pendi..?r.e. Please note that ~s eli iblc for MS · . ~ =ymg tees An adomonal $50 g A funds) is Dro~ected fo ........ ' ' ' ,000 a/Aud/tors Road adm/mstrat/ve and legal fees. August - December 1994 January - May 1995 June - October 1995 Nov. '95 - March '96 April 1996. October '97 Round I: Round 2: Round 3: Round 3B: Round 4: Estimated project totals: Lost Lake Auditors Auditors Rd. Est. Road Stscp./Pkwy To~ $38,000 $3,000 $5,000 $54,000 $10,000 $6,500 [ $46,000 $ %000 $2,500 ] $70,500 $38,000 [ $9,500 $83,000 $31,000 [ $38,000 $182,000 $84,500 $11,500 ~ notes: Fees for round 3B have not been determined for the Lost Lake project because they are services which would only be needed if project modifications based on permit denials were required. Fees for the Auditors Road project would be 200% funded by Municipal State Aid funds. ? l~o~ ]~AI~t~AI u. to ~- I1,, 'l"l m~' at~ uh~l~l(. A go/no go assessment will be made at the end of each round at which time the projects could be stopped if there are insurmountable obstacles to completion. I hope this gives you aa understanding of fees associated with the various stages and aspects of the projects. Enclosed in your packet is a resolution approving the work. I will be available to answer questions at the City Council meeting. Enc. 612-855-~160 HOISINGTON KOEGLER 9?4 P05 NOU l? '94 16:44 LI31o 61~-8J5-~160 HOISINGTON KOEGLER i 111 9'74 P02 NOV 17 '94 16:4J RESOLUTION AP A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF MOUND PROVING ALLOCATION OF DESIGN, ENGINEERING AND ADMINISTI~TIVE , ~,a~Jx~ ROAD RECONSTRUC AND THE AUDITORS ROAD STREETSCAPF_JPARKWAY TIOpNi~P~RrO~Or,JECT DESIGN ....... WHEREAS, it is the City's intent to promote economic development and downtown revitalization, and WHEREAS, the City Council, in 1992, approved the Downtown Mound Concept Plan prepared by thc Mound Visions initiative; and WHEREAS, a pfima.,y element of the Downtown Concept Plan was the rehabilitation of the Lost Lake Canal and realignment of Auditors Road as focal points of downtown; and WHEREAS, the City of Mound applied for and was awarded an Intermodal Surface Transportation Efficiency Act (ISTEA) grant for thc rehabilitation of thc Lost Lskc Canal; and WHEREAS, thc City of Mound has set aside allotted Municipal State Aid funds in anticipation of reconstructing and realigning Auditors Road; and WHEREAS, cost estimates and project schedules have been prepared for the various aspects of thc project; and WHEREAS, regular go/no go project assessments arc built into the project schedule to insure that only the required amount of money is spent before reassessing the viability of thc initiative; and WHE~S, the Economic Development Commission has recommended approval of this phase I downtown redevelopment. NOW TItEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. Staff is authorized to proceed with design, engineering and project administration tasks associated with the Lost Lake Canal project, Auditors Road project and Auditors Road streetscape/parkway design project as described in the memorandum and attached exhibit A from Bruce Chamberlain to the City Council dated November 17, 1994. Staff is further authorized to enter into service agreements with the professional consultants listed in the same memo to perform the necessary tasks. B. A project report shall be presented to the City Council at the end of each stage of the project for review and comment. MINUTES - ECONOMIC DEVELOPMENT COMMISSION - NOVEMBER 17, 1994 The meeting was called to order at 7 AM. Members present: Mark Brewer, Stan Drahos, Councilmember Ken Smith, Jerry Pietrowski, Jerry Longpre. Absent and excused: Paul Meisel and Dave Willette. Also present: Marge Friederichs, Westonka Chamber of Commerce; Sharon McMenamy Cook; Carolyn Schmidt; Gary Christenson, Gino Businaro, Finance Director; Bruce Chamberlain, Mound Visions Coordinator and Ed Shukle, City Manager. Upon motion by Smith, seconded by Drahos, and carried unanimously, the minutes of the October 20, 1994 meeting were approved. City Manager Ed Shukle and Bruce Chamberlain, Mound Visions Coordinator presented recommended regarding the Lost Lake Canal proiect relating to the ISTEA grant and the Auditor's Road Improvement project. Shukle presented an estimate of engineering fees related to the Auditor's Road Improvement proiect. Chamberlain presented fees related to consultants on the ISTEA Lost Lake Canal proiect. Also presented were fees associated with the Auditor's Road streetscape/parkway work that needs to be done in relation to both the Lost Lake Canal proiect and the Auditor's Road Improvement proiect. It was then moved by Brewer and seconded by Smith to accept the staff proposal labeled Phase One Downtown Mound Redevelopment (Exhibit A) and to present this recommendation to the City Council at its November 22, 1994 regular City Council meeting. The motion carried unanimously. Chamberlain reviewed the public relations strategy and the work of the task force on this issue. Gary Christenson and Carolyn Schmidt provided input as to the work of the task force. It was then moved by Smith, seconded by Longpre, carried unanimously to recommend to the City Council that it direct the city staff to follow the proposed public relations strategy as drafted by the Lost Lake Canal Public Relations Task Force. Mark Brewer asked that the strategy be reviewed again at the next EDC meeting. There being no other business, it was noted that the next meeting of the EDC will be held on Thursday, December 15, 1994, 7 AM, at city hall. Upon motion by Smith, seconded by Drahos, and carried unanimously, the meeting was adiourned at 8:30 AM. R~~hu~klectfullYAsub?tted' City Manager ES:Is Lost Lake Canal - Public Relations Strategy: The public relations strategy as proposed by the Lost Lake Public Relations Task Force revolves ~f..the l~ublic an 2)_ getting the c ~ · ~~ T~._ A_ :' ,~ omm,}nlty t, · ,~ centrm teature of the ~c works storage facility will be moved off of the Lost Lake site in the spring of 1995. This action frees the site to do other things such as those being proposed by the PR Task Force. The Lost Lake site is the obvious place to have an information clearinghouse for the Lost Lake Canal project. Its next to the future canal so people can envision how the project will appear upfront and in person. It also is a significant piece of land which the City owns. The challenge which the PR Task Force has set out to overcome is to create activities at Lost Lake interesting and attractive enough to draw people and at the same time, work toward the goals of the Mound Vision. To do this, the PR Task Force is proposing five objectives: 1) Create a master plan along with artist's renderings for the Lost Lake site with combined Park and Open Space Commission and Economic Development Commission/Mound Visions input and oversight. The master plan should reflect agreed-upon immediate and long term uses of the site. The planning process should include a survey of the youth to get their ideas for the site. 2) Relocate the Mound Farmers Market from its current location to Lost Lake and expand days and hours of operation. Expand the products offered to include farm produce, flowers and plants as well as arts and crafts. Consult with other farmers markets in the area regarding market design, promotion, etc. 3) Place an information kiosk close to Shoreline Drive and adjacent to the new farmers market. The kiosk would display historic photos, project plans and the story of Lost Lake as well as have brochures available describing the Lost Lake Canal project. As funds allow, several kiosks could be placed at various locations. 4) Start a "buy-a-brick" program to help raise money for a Lost Lake project and get the community directly involved in the rejuvenation of Lost Lake. Bricks could be imprinted with names and phrases plus school children could draw on soft bricks as an art project and have their designs permanently fired into the brick. The bricks would be used in a promenade around Lost Lake from the Lost Lake site to Auditors Road. 5) Work with the Minnesota Transportation Museum to locate and possibly restore a historic or reproduction transit boat like the ones that used Lost Lake during the resort era. As part of the Lost Lake rehabilitation project, build a pier at the Lost Lake turn-around area for transit boat docking. To recreate the Lost Lake Canal's original intent, the boat could potentially be used as a shuttle in association with the Minnehaha streetcar boat or for transit to other destinations around the lake. In addition to these five primary objectives, the Task Force feels strongly about providing activities for kids by developing a theme playground on the Lost Lake site and creating teen activities such as ice skating in the winter and other activities in the summer. These are seen as future uses of the site and are not necessarily part of the initial PR strategy. The PR Task Force also recommends that the following actions be taken in addition to the focus on Lost Lake: · Periodic articles and press releases should be written about the project in the Laker Newspaper and City Newsletter. · A public open house should be held at City Hall to allow people to see project plans, ask questions and express concerns. · If letters-to-the-Editor reflect negatively on the project they should be officially responded to ~ if it is to set the record straight on inaccurate statements. · People who are directly impacted by the project should be regularly contacted to foster discussion of concerns and issues. · Local groups, organizations and business should be solicited for support of the project and a list published in the newspaper. · Local artists should be contacted about painting the future Lost Lake/downtown scene as a fundraiser. · A streetlight banner program should be started as one more highly visible way to shed positive light on downtown Mound. To accomplish these objectives the following actions are suggested. October - December 1994 Seek approval of Public Relations strategy from the EDC and City Council. I) n) Gather technical and cost information on the PR programs. A) farmers market (organizational and structural needs) B) C) D) E) F) buy-a-brick transit boat (are any originals still in existence) information kiosks Lost Lake master plan Banners m) IV) v) Identify program funding sources. Approach a local business about sponsoring the transit boat concept. Discuss moving and expanding the farmers market with its organizers. st e aha u ~c e at~ons trategy VI) vn) v~n) Collect historical canal information through the Historical Society. Contact local artists about painting the downtown scene. Solicit support of the project from businesses and organizations. January - May 1995 I) II) ni) v) VI) vii) Prepare artist's renderings of the future Lost Lake and Auditors Road. Hold public open house to present project plans and historical information. Seek program funding from the appropriate agencies/groups/individuals. Develop the Lost Lake site master plan jointly between the Park & Open Space Commission and Economic Development Commission. Work with the Historical Society to create the "Story of Lost Lake". Purchase information kiosk/s and display panels. Organize the buy-a-brick program and identify a program leader. Also contact local leaders about sponsoring the program. VIII) Develop construction plans' for the new farmers market. IX) Organize the banner program. June - October 1995 I) Construct farmers market improvements at Lost Lake including site preparation, necessary structures and paving, utilities and signage. II) Install information kiosks at Lost Lake and possibly other locations in downtown. III) Kick off the buy-a-brick program. IV) Organize the transit boat program. October 1995 - I) II) irt) PRSTRA T. DOC Begin restoration of the transit boat. Organize the expansion of the farmers market for the 1996 season. Continue other public relations efforts. ost e aha u ic e atlons trategy MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION NOVEMBER 10, 1994 PUBLIC HEARING: 19 5 DO K LOCATION MAP The Dock Inspector, Tom McCaffrey, reported that two changes to the map are proposed this year. The first change is to delete Dock Site #33120located on Stratford Lane, and abutting 4536 Denbigh Road. This land has eroded, and therefore, reverted to private shoreline. The second change is to add two dock sites, #54970 and #56180, abutting Lost Lake Park. Staff has determined there is adequate space to allow the two additional dock sites in this area. Ahrens questioned if the docks at Lost Lake Park were approved as part of the Plat. The secretary confirmed that they were approved by a separate resolution. The Parks Director explained that the developer of Lost Lake originally requested that these docks be dedicated to the subdivision, however it was the City Attorney's opinion that these docks had to be made available to the general public, and therefore, there is no guaranty that residents in the Lost Lake Subdivision will be assigned these docks. Chair Schmidt opened the floor for public comment relating to the deletion of one dock site in the Denbigh Road area. There were no comments from the citizens present. Chair Schmidt opened the floor for public comment relating to the proposed addition of two dock sites at Lost Lake Park. James Veit questioned why these two additional dock sites are being proposed. The Dock Inspector noted that the space is available and there was a request from residents in the Lost Lake development for additional dock sites. Currently, the Lost Lake dock site area is at full capacity. Veit expressed a concern about access due to the iow elevation of the park and the fact that the ground gets very spongy and wet. reit asked the Commission if they are aware that the park is sinking. Fackler stated that he has seen some documents showing elevations which indicate that the elevations may be changing. Fackler also indicated that there may be a possibility to reclaim the land through special permits, however, this may not be beneficial for the City. Fackler stated that during a majority of the seasons these dock sites are accessible. David Hanson and Sherry Zuccaro questioned the policies and procedures for obtaining a dock site. Casey confirmed with staff that presently all the dock site holders are residents of the Lost Lake addition. Staff noted that these sites would not be dedicated iust to the Lost Lake Addition, but would be added to the general pool. Chair Schmidt closed the public hearing. Park and Open Space Commission Minutes November 10, 1994 Casey suggested that it is premature to approve these additional sites, that they should first wait to see if the channel dredge is approved. Casey explained that there are many permit approvals required before the dredge can be accomplished, including an environmental assessment. He would like to know how the additional boat traffic could affect the dredge. Steinbring sees the additional dock sites as a separate issue from the dredge, and he would like to see the additional dock sites to fulfill the docking needs of the people. Casey noted that the amount of boat traffic in the channel will be a consideration when the environmental impacts of the dredge are reviewed. He is concerned that these additional sites could have an accumulative affect on the whole channel eco-system and the wetland. Casey stressed that they should wait for the environmental assessment of the dredge to be completed so they will know how additional boat traffic will affect it. MOTION made by Byrnes, seconded by Ahrens to recommend to the City Council that Dock Site #33120 located on Stratford Lane and abutting 4536 Denbigh Road, be removed from the Dock Location Map. Motion carried unanimously. MOTION made by Casey to table the request for two additional dock sites at Lost Lake Park until the environmental assessment is completed. Due to lack of a second, the motion failed. MOTION made by Darling, seconded by Steinbring to recommend that two dock sites, #54970 and #56180, be added at Lost Lake Park, as proposed. Darling questioned staff, what was the driving force that initiated this request? Staff confirmed that a request came from the residents. The Council's rationale for originally granting only six sites was reviewed to be due to the amount of boat traffic in the Lost Lake Channel. It was questioned, what would preclude somebody from dredging to gain more shoreline and request more dock sites? If these sites are approved, would they be setting a precedence? MOTION to approve failed 1 to 5. Those opposed were: Darling, Ahrens, Byrnes, Steinbring, and Casey. Schmidt was in favor. The Dock Location Map will be reviewed by the City Council on November 22, 1994 CITY OF MOUND Memorandum 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: November 1, 1994 Park and Open Space Commission Tom McCaffrey, Dock Inspector SUBJECT: PROPOSED CHANGES TO THE 1995 DOCK LOCATION MAP The Dock Location Map shows approved locations of private docks that may be constructed on or abutting public shoreland under the control of the City. City Code requires that the Dock Location Map be reviewed annually by the Park Commission so recommended changes can be referred to, and considered by the City Council by January 15. Following are two proposed changes for the 1995 Dock Location Map. 1. REMOVAL OF DOCK SITE #33120. Dock Site #33120 at 4536 Denbigh Road has reverted to private lakeshore due to erosion of the shoreline, you may refer to the attached survey dated August 1 6, 1994. This survey shows the property stakes marking the corners of 4536 Denbigh Road are now in the water. It is recommended Dock Site #33120 be deleted from the City of Mound Dock Location Map. The removal of this dock site will change the Shoreline Type for sites 33104 - 33104 from Class D {accessible by public right-of-way), to Class C (not accessible by public right-of-way). 2. ADDITION OF TWO DOCK SITES AT LOST LAKE PARK. Staff has measured the existing dock spacing at Lost Lake Park and has determined that there is adequate space to allow the addition of two more dock sites. These docks are spaced every 30 feet. Note the attached drawings and photographs. Staff recommends approval of an amendment to the Dock Location Map to add two dock sites at Lost Lake Park, Site #54970 and Site #56180. TM:pi printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MOUND PARK COMMISSION REVIEWS 1995 DOCK LOCATION MAP On Thursday, November 10, 1994, the Mound Advisory Park and Open Space Commission will review the proposed changes to the 1995 Dock Location Map. The Dock Location Map shows approved locations of private docks that may be constructed on or abutting public shorelands under the control of the City. City Code requires that the Dock Location Map be reviewed annually by the Park Commission so recommended changes can be referred to, and considered by the City Council by January 15. Two changes are proposed. The first change is to delete dock site #33120 which is located on Stratford Lane abutting 4536 Denbigh Road. The second change is to add two dock sites at Lost Lake Park. The meeting will commence at 7:00 p.m. and will be held in the Council Chambers at Mound City Hall, 5341 Maywood Road, Mound Minnesota. All interested residents who attend the meeting will be given the opportunity to be heard. If you have any questions regarding the proposed changes, you may call City Hall at 472-0600. Mailed to the residents in the Lost Lake area, and published in "The Laker" on 10-31-94 and 11-7-94. printed on recycled paper MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION OCTOBER 13, 1994 ~ LOCATION MAP - DISCU ION 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 #3312Q. 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. Fackler reviewed the possibility of reclaiming the land by filling and getting permission from the DNR. 2. ADDITI N OF ONE OR TWO DO K SITES AT L T 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 additional dock at each end of the existing docks. He suggested that the property irons 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 long range plans for the development 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. CITY OF MOUND Memorandum 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: October 10, 1994 Park and Open Space Commission Tom McCaffrey, Dock Inspector SUBJECT: PROPOSED CHANGES TO THE 1995 DOCK LOCATION MAP The Dock Location Map shows approved locations of private docks that may be constructed on or abutting public shoreland under the control of the City. City Code requires that the Dock Location Map be reviewed annually by the Park Commission so recommended changes can be referred to, and considered by the City Council by January 15. Following are two proposed changes for the 1995 Dock Location Map. 1. REMOVAL OF DOCK SITE #33120. Dock Site #33120 at 4536 Denbigh Road has reverted to private lakeshore due to erosion of the shoreline, you may refer to the attached survey dated August 16, 1994. This survey shows the property stakes marking the corners of 4536 Denbigh Road are now in the water. It is recommended Dock Site #33120 be deleted from the City of Mound Dock Location Map. 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. TM:pi printed on recycled paper -- STRATFORD ~ ~ DOCK SITES 32650 - )~ TOTAL 14 SITES (10/91) SHORELINE TYPE: 'D' & 33550 'C' 0 f~ o) 0 r- I II .~ I KILDARE ROAD ..... .J k,. I II F I ~'1 [ ROAD I I I // surZo$~ ~ ROAD BEC, FC ROAD L .Ru_us_w,_c. 0 ---: ........ i.:--(~---D -I I RICHMOND .......... --J ,,.:-~r ;:- -- 'l I~RCHESTER I k I L CUMBER ROAD ROAD / PA~Sk. r _ _~ 0._~..~ _ LANARK ROAO ROAD ROAD 0 0 0 0 0 0 LO, ~ 0 0 Class A: Class 11: ~ Class C: Class Class E: Parks 0 0 Shoreline Shoreline that is traversible only on top: need stairway to shoreline, accessible by public right-of-way. Shoreline traversible along the water's edge: access points available to traversible shore- line. Shoreline with no traversible space: stairs needed to shoreline, not accessible by pub- lic right-of-way (abutting property OWners only). Shoreline that is traversible on the top, and traversible along the water's edge: acces- sible by public right-of-way. Shoreline such as wetlands, wildlife area, beacl~es and boat landings. No Docks. 0 0 o No £ 567 ~ (62) " (65) :." "-. ( 55-9{ 0~09 '' > C! T¥ OF ~OuND P.OI FO BUD.DING PERMIT SURly El · W~OD STAKE PLACED B.M.. -~:~.~,~,~.e' ,c,~,,..,; ?.~.~ BEARINGS .ON. ASSUMED DATUM IRON MON. SET PROPOSED INFORMATION -- _ 1st FLOOR ELEV. -- - - -BASEMENTELEv. "~ · DRAINAGE ' L _CHOBORG _I, AN,, D-$URvEYINq · ' IRON MON. INPI.ACE 000.0 · EXIST. ELEV. · ' PROPOSED ELEV. I herel~y cerUfy that thin plan. ~rvey or report waa. prepared by me or under my direr supe~siofl and that lam a duly Regisler~ ~nd Su~eyor under ~t l~ of ~ 81ate of Minneso(j, - GARAGE FLOOR ELEV, TOP BLOCK ELEV. E&P. 0<30.0 ~157. & ~RO~. ~LEV. JOB ~1 8~ok - Page - ARCEL x \ ', \ \ \ PARCEL A Lot t and that part of Lot 2, Block 2 of Avalon, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County of Hennepin lying north- line drawn from a point on the southeasterly line of said Lot 2 distant 22.00 feet~ easterly of a of the southeasterly corner of said Lot 2 to a point on the northwesterly line of ,southwesterly said Lot 2 distant 22.00 feet southwesterly of the northeasterly corner of said Lot PARCEL B The northeasterly half of Lot 4, Lot 3 and that part of Lot 2, Block 2 of Avalon according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said wn from a point on the southeasterly line of county of Hennepin lying southwesterly a line dra ........ ,..~r.. Of said Lot 2 to a point said t,ot 2 distant 22.00 feet southwesterly of the soucneasu=L~z ..... r on the northwesterly line of said Lot 2 distant 22.00 feet southwesterly of the northeasterly corner of said Lot 2. I hereby certify that this plat. survey or report was SCHOB ORG prepared by me~..tll~;~mY direct supervision and that I am ~,__ I .dutyRegl~~' ~der the 'nwa °' 'he s'ata ND SURVEYINI3 o .,Minnesot CITY HALL 0 COUNTY STATE -- BARTLETT Boat Landing Wychwood 640.8 ', 14 -% LO1 ~) Io ..; ( (zg) ! 16) (33) LOT A (32) : i R-6 -/-- (45) 6 .(~3) ic4)¢e z ( ~ (~0) d ! ~t33o · -18 January 26, 1988 RESOLUTZON TO APPROVE THE £0CATI0# OF CIT1F OF HOUND PROPERTY ' WHEREAS, the City of Mound owns property lying west of the Los~ Lake Subdivision and east of the main channel WHEREAS, the six sites will be follows: access to Lake Minnetonka; and assigned location numbers as 55000 55040 55080 A55120 - Abutting property Lot i~ 55160 . ' A55200 - Abutting property, Lot ~7 and will be listed on the 1988 dock location map; and WHEREAS, these above listed docks will be governed under the Mound City Code, S~ction 437 - Dock'Licenses; and WHEREAS, Jellico, developer' of the Lost Lake Subdivision. agrees to provide a walk/maintenance access to the docks-from Lost Lake Road west toward Lost Lake to the 931.5 foot flood elevation. This access is to be 10 feet wide with the length ld6termined by location of the 931.5 foo~ flood elevation line, with a 4 foot wide Paved walkway surface to the 931.5 foot flood elevation; and WHEREAs, the Hound Parks Advisory Commission recommended approval of these additional six (6) dock sites to.be.listed on the 1988 Dock Site Map at their special meeting of December 15, 1987. NOW, THEREFORE, BE IT RESOLYED that the City Council of the C~ty of Mound, Minnesota, hereby approves the addition of the aforesaid six dock sites to the City of Mound dock system. BE IT FURTHER RESOLYE§ that Jellico agrees to dedicate a utility and public walkway easement to the aPea proposed for docks. The easement will consist of a 10 foot wide strip which will consist of a 4 foot wide strip of asphalt with 3 feet of gravel on either side for walkway and maintenance vehicle access to the dock site area to be installed by Jellico. The foregoing resolution was moved by Councilmember Jessen and seconded by Councilmember Johnson. ¥331 HINUTES ~ HOUND CITY COUNCIL - jANUARY 26, 1988 APPROVE THE LOCATION OF NINE DOCK SITES ON LOST .LA~E CHANNEL_~_CITY OF MOUND The City Manager explained the request, The Park Commission recommended ap~ proval of the request for 9 dock sites, Barry Schneider, representing Oel- lico, the developer, stated that access (a utility and public walkway easement) will be granted to the area proposed for docks. The easement will consist of a 10 foot wide strip which will consist of a 4 foot wide strip of asphalt with 3 feet of gravel on eithe ~ide for walkway and maintenance vehicle access to the dock site area. He :xplained that 9 sites were measured out, 30 feet apart, for the total 290 feet that is there. Margaret & Bob Hansen, 5425 Bartlett Blvd., spoke against approval of these dock sites because of the environmental impact on the wetlends and con- sequently Lake Minnetonka. Tim King, 2'447 Lost Lake Road, spoke in favor of the dock sites because there is already boat traffic in the channel and snowmobiles traffic in the marsh area that does not appear to be harming it. There was discussion on who would maintain the channel. Councilmember Jessen suggested 6 dock sites instead of 9. Councilmember jensen stated She would still have to vote against this 'because of her concern about motorized traffic in the Lost Lake area. The City Attorney suggested that if this resolution is approved the following be inserted, "jellico agrees to dedicate a utility and public walkway easement to the area proposed for docks. The .easement will consist of a 10 _foot wide strip which will consist of a 4 foot wide strip of asphalt with 3 feet of gravel on either side for walkway and maintenance Vehicle access to the dock site area to be installed by Jellico." The Council agreed. jessen moved and johnson seconded the following resolution: RESOLUTION i88L'~5 RESOLUTION TO APPROVE THE LOCATION OF SIX DOCK SITES ON LOST LAKE CliANNEL, CITY OF HOUND PROPERTY The vote was 3 in favor with Councilmember Jensen voting nay. Motion carried. MINUTES - MOUND CIT~ COUNCIL - DECEMBER 22, 1987 DOCKS ADJACENT TO THE LOST LAKE SUBDIVISION The Park Director explained the background. The Park Commission recommended approval of g additional dock sites adjacent to the Lost Lake Subdivision on Lost Lake. There are three conditions outlined by the City Attorney as fol lows: 1. The docks should not be dedicated to only residents of the Lost Lake Subdivision, rather open to all Hound residents. 2. The Mound City Dock Ordinance should control the dock sites. 3. Develop a plan for usage, access, location of docks and other public HOllOIl made by Oensen, seconded by Abel to table this item until the January 26th /leering so that research can be-done'to determine whether there is an agreement in the subdivision that allowed no docks. The vote was 4 in favor with Jessen voting nay. /iotion carried. MINUTES OF THE MOUND ADVISORY PARK COMMISSION SPECIAL MEETING OF December 15, 1987 Present were: Chair Nancy Clough; Commissioners Cathy Bailey, Marilyn Byrnes and Linda Panetta; City Manager Ed Shukle; Dock Inspector Dell Rudolph and Secre- tary Marge Stutsman. Also present were the following interested persons: Barry Schneider, Kyle Wil- berg, Tim King and John Lewman. The Chair called the meeting to order at 6:30 P.M. The Commission noted the resignations of Andy Gearhart and Lowell Swenson. MINUTES ~he minutes of the Park Commission meeting of November 12, 1987 were presented for consideration. Byrnes moved and Panetta seconded a motion to approve the minutes as presented. The vote was all in favor. D~OCKS - LOST LAKE SUBDIVISION Barry Schneider of Eckley-Sci',~neider Construction Company was present for the purpose of requesting establishing a public commons area lying to the West of the Lost Lake Subdivision and the issuance of dock sites on said access area. Mr. Schneider is proposing to go by the ordinances'relating to docks and commons and how they relate to property lines. He is proposing that 9 docks be allowed on the channel. Dell has measured the area. Mr; Schneider advised that his Company and Jellico will give the City an Utility and Public Walkway Easement (10 foot wide strip which will consist of a 4 foot wide strip of asphalt with 3 feet of gravel on either side for walkway and maintenance vehicle access to Commons and'dock site area). He thought that Lots 17 and 18 of the Lost Lake Addition would be abutting property owners under the ordinance and be able to receive dock sites on the priority basis. The Commission discussed the request at length and had various questions. · ta seconded a motion to recommend including the 9 ...... ~Balley mortd ~n~ Pag~ ...... mmons sites on the 1988 Dock Locat,on Ma~ ~UI~I~J ~J_ost Lake dOCK ~oca~,on~ o~ ~ .- J ~o k~ t.~ ed as abutting properties. ~/'with the designation that Lots I/ ano ,~ ~ .... lud The vote was all in favor. COMMISSION MEMBERSHIP Clough moved and Bailey seconded a motion to recommend reducing the number of active members from 9 to 7. The vote was all in favor. The Commission discussed that members let the Commission know three months in advance if they do not wish to be re-appointed. Clough moved and Bailey seconded a motion to recommend that Stephen Burke be accepted as a member of the Park Commission as of January 1, 1988. The vote was all in favor. COMMONS MAP DOCK SITES Byrnes moved and Clough seconded a motion to recommend approval of the 1988 Mound Commons Map Dock Sites with the addition of 15 new sites as follows: 75 YEARS CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364 .(612) 472-1155 December 8, 1987 -Curt Pearson 1100 First Bank Place West Minneapolis, MN 55402 Dear Curt: Enclosed is a letter dated December 2, 1987, from Barry Schneider, Eckley-Schneider Construction Company, regarding a request for docks in the Lost Lake Subdivision area. As you may recall, this issue was raised before the City Council in late 1986. The applicant had requested that the City Council allow docks in this area that could be dedicated to the residents who live in the area. The City Council was unanimously against such a proposal a'nd tabled the item pending a decision on the Lost Lake project (Country Inn). ApProximately one year has past and the same apPlicant has returned with a proposal that would allow docks in this area, but to consider them as "Commons,. In other words, he is requesting nine docks that would be available to residents of Mound per the ordinance on docks, with the exception of the lots 18 and 17 which are abutting and automatically go to those two properties. He also proposes a walkway across the private land to get to these docks. The private land would be paid for by the. applicant. Essentially, there is no cost to the City involved in this proposal, other than the annual maintenance of the area, simil'ar to what is done in other Commons areas. This proposal will be discussed at the Park Commission meeting on December 10th, with a subsequent recommendation coming back to the Council. On January 7, 1987, you wrote a letter to me regarding the number of questions that the Park Commission had concerning the Lost Lake subdivision. The first page of that letter referenced how the City obtained the dock area in question. As you recall, it was in a legal dispute with beach side developers and it went before the Hennepin County Board of Commissioners. Thus, the property is not considered to be Commons, but is owned by the City of Mound. Would there be a problem with Mr. Schneider,s proposal since he is not requesting this area to be dedicated? Do you see this proposal as being even an issue? Letter to Curt pearson December 8, 1957 page 2 The City Council's decision to table this until the Lost Lake 'project was decided upon, in my opinion, was an effort to tell Mr. Schneider to forget this proposal. The issue really got back to whether or not it was to be dedicated. In my opinion, I see no relationship to the Country Inn project. The only thing that these docks would do would create more boat traffic in the Lost Lake channel. I am sure that this issue will be coming before the City Council in the near future. I would like some advice from you as to whether or not we face any legal problems that could be headed off at this time. Please respond at your earliest convenience. Sincerely, Edward J. Shukle, Jr. City Manager cc: Jim Fackler, Parks Director enc· ES:ls Barry Schneider 475-3786 Wayzata, MN Construction Co. Craig Eckley 472.5001 Mound, MN December 2, 1987 Ed Shukle City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: Lost Lake Subdivision Dear Mr. Shukle: This is the request you put on the agenda of the Park Commission and its next regular meeting. The undersigned is President of Eckley-Schneider Construction Co., and is owner .of lots in the Lost Lake Subdivision. I would like to request a Hearing before the Park Commission for the purpose of establishing a public common use area over the Property owned by the City of Mound, lying to the West of the Lost Lake Subdivision and to the East of the channel access to Lake Minnetonka, and the issuance of dock permits on said access area. You are aware of the fact that the said area, owned by the City of Mound, is landlocked at the present time. To accomodate the access to the lake, the undersigned, joined.by Jellico, will provide an easement over and across one of the lots to the City property from Lost Lake Road. Would you please confirm that this matter has been placed on the agenda. Thank you. Very truly yours, ECKLEY-SCHNEIDER CONSTRUCTION CO. Barry Schneider I~3ST ~ F,3~SIDENTS 10/94 24-117-24 22 0003 RUSSEL J. MADER 5446 BARTLETT BLVD. MOUND, MN 55364 24-117-24 21 0041 JEFFREY & SHERRY ZUCCARO 2435 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0020 DAVID & CYNTHIA OLSON 2582 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0033 DAVID HANSON/CAROL MILETTI 2583 LOST LAKE ROAD MOUND, MN 55364 24-117-24 21 0040 JAMES CURSON 6279 LINDEN LANE MOUND, MN 55364 24-117-24 22 0032 JAMES & CATHERINE VEIT 2563 LOST LAKE ROAD MOUND, MN 55364 24-117-24 21 0039 JAMES & CAROL CARLSON 2436 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0032 JAMES & CATHERINE VEIT 4379 WILSHIRE BLVD., #C305 MOUND, MN 55364 24-117-24 21 0038 DONALD & JULIE ATKINSON 2442 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0031 JOHN R. KUHLMAN 2503 LOST LAKE ROAD MOUND, MN 55364 24-117-24 21 0037 KYLE & BARBARA WILBERG 2448 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0030 BENNET E. MARKS 2465 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0025 DENNIS EMERY 2458 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0029 P.B. & D.K. HANSON 2459 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0024 DONALD & DOROTHY KETCHER 2502 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0028 BRYANT BELGARDE AND CYNTHIA WOODIS-BELGARDE 2453 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0027 TIMOTHY J. KING 2447 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0023 P.L. BERRIDGE &J.L. PETERSON 235 NATHAN LANE #309 PLYMOUTH, MN 55441 24-117-24 22 0022 DAVID & ELEANOR WILLETTE 2542 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0026 DENNIS & CONNIE STAHLBUSCH 2441 LOST LAKE ROAD MOUND, MN 55364 24-117-24 22 0021 ROBERT & IONE DOPPELHAMMER 2562 LOST LAKE ROAD MOUND, MN 55364 PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A SPECIAL PERMIT FOR A LAND ALTERATIONS ON PUBLIC LAND KNOWN AS WAURIKA COMMON TO ALLOW RESTORATION OF A PARKING AREA ABUTTING 1566 EAGLE LANE, LOTS 3, 4, & 5, BLOCK 2, WOODLAND POINT WHEREAS, the applicants, Daniel and Sandra Strot, have requested the approval of a Land Alterations Permit to allow the restoration of an area of land that has been used for parking vehicles, to a grassy area, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, this area is not a recognized parking lot and has only been utilized over the years by dock site holders, and; WHEREAS, WHEREAS, parking areas, and; there is ample parking on the street, and; no other dead end streets leading to Waurika Commons have WHEREAS, the Park and Open Space Commission reviewed this request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. To approve a Land Alteration Permit subject to the following conditions: a. Notice must be given to the Parks Director when restoration work will being and when it is completed. b. Restoration work must be completed by June 13, 1995. c. Only a ground cover of grass is allowed which does not include any decorative plantings, berms, or edging material. d. If the area is going to be seeded or sodded, then erosion control measures must be taken. Sufficient watering shall be provided for growth. The applicant is responsible for all costs and maintenance, including installation, watering, and mowing. This is a one-time permit and will expire June 13, 1995. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION NOVEMBER 10, 1994 TERATION PERMIT FROM DANIEL & S D~_~__R~_T--~ APPLICATION FOR PUBLI LAND AL DLAND POINT DOCK SITE #02250: 156 EAGLE LANE LOTS 3 4 & 5 BLOCK2 WOO PARKIN AREA. Parks Director, Jim Fackler, reviewed the staff report. The applicant is seeking to restore an area of land that is located on Waurika Commons that is showing stress from compaction from automobiles being parked on it. This area is not a recognized parking lot and has only been utilized over the years by dock site holders. Through inspection of this area, staff has noted that there is ample parking on the improved street. Staff recommended the Park and Open Space Commission recommend approval of a Land Alteration Permit subiect to the following conditions: 1. Notice must be given to the Parks Director when restoration work will being and when it is completed. 2. Restoration work must be completed by June 13, 1995. 3. Only a ground cover of grass is allowed which does not include any decorative plantings, berms, or edging material. If the area is going to be seeded or sodded, then erosion control measures must be taken. Sufficient watering shall be provided for growth. 5. The applicant is responsible for all costs and maintenance, including installation, watering, and mowing. 6. This is a one-time permit and will expire June 13, 1995. The applicants noted that none of the other dead end streets on Three Points leading to the commons have parking areas, this is the only one. They feel there is adequate space on the road for people to park, and the most number of vehicles they have seen parked there at one time was three. MOTION made by Darling, seconded by Goode to recommend approval of the Land Alteration Permit, as recommended by staff. Motion carried unanimously. This request will be reviewed by the City Council on November 22, 1994. CITY OF MOUND Memorandum 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: LOCATION: November 10, 1994 Park and Open Space Commission Meeting Park & Open Space Commission, Applicants, and Staff Jim Fackler, Parks Director Jori Sutherland, Building Official PUBLIC LAND PERMIT APPLICATION FOR LAND ALTERATION Daniel & Sandra Strot Waurika Common: abutting 1566 Eagle Lane Lots 3, 4, & 5, Block 2, Woodland Point Dock Site//02250 ~J3Dlicant's Reques_t The applicant is seeking to restore an area of land that is located on Waurika Commons that is showing stress from compaction from automobiles being parked on it. B__ackqround and Comment~ss This area is not a recognized parking lot and has only been utilized over the years by dock site holders. Through inspection of this area, staff has noted that there is ample parking on the improved street. S__ta ff Recommendatio~j Staff recommends the Park and Open Space Commission recommend approval of a Land Alteration Permit subject to the following conditions: 1. Notice must be given to the Parks Director when restoration work will being and when it is completed. Restoration work must be completed by June 13, 1995. Only a ground cover of grass is allowed which does not include any decorative plantings, berms, or edging material. If the area is going to be seeded or sodded, then erosion control measures must be taken. Sufficient watering shall be provided for growth. ~Pr'r~tedonrecycledpaper ~3~ Land Alteration Permit - Strot 1566 Eagle Lane November 2, 1994 Page 2 The applicant is responsible for all costs and maintenance, including installation, watering, and mowing. This is a one-time permit and will expire June 13, 1995. JS:pj The abutting dock site holders have been notified of this request. This request will be heard by the City Council on November 2_2, 1994. O~S~RIBUTION: ~~_BUILDING OFFICIAL ~_PARKS DIRECTOR _ DNR _ -MCWD CITY OFP BLI LAND PERMIT APPLi ATION MOUND, 5341 Maywood Road, Mound, MN Phone: 472-0~00, Fax: 472-0620 Legal _ Description Property Contractor 55364 DATE RECEIVED~.~ PARK MEETING DAT~ CITy CO~CIL DATE~ OCT 5 Igg ~check ~one); -- ~------, CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). ~- _, PUBLIC LAND MAINTENANCE PERMIT - to allow repairs to an existing structure (City Code Section 320, Subd. 3). ~- _~ CONTINUATION OF STRUCTURE _ to allow an existing improvement to remain in an "as is" condition (City Code Section 320: S~.~bd. ~}. ~I LAND ALTERATION _ change in shoreline, drainage, slope trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). ' like boat houses, patios, sheds, ' ' etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance which means that those structures will at some time in the future have to be removed from t limited time and a - he ublic an uoc~ site holder, u-s=rucu~on, or a new permit is a-'-='='~-Cn-e State Building Applicant ~:p~e~ for due to change Address Owner Lot ~ ----- Subd. Block_ ~::: Site #~ Shoreline Type~~_ Address Phone VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS): DESC, RI,B~. RE.QUEST & PURPOSE: ~ ,, ~.-L -- · ~ ' ~o~ ~-= ...... = ~ applicant ~ Date CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 September 14, 1994 Mr. Daniel Strot 1566 Eagle Lane Mound, MN 55364 SUBJECT: LAND ALTERATIONS ON PUBLIC LANDS Dear Mr. S~rot: I am writing this letter to confirm our recent phone conversation regarding the attached letter dated August 5, 1994. You requested that this matter be delayed until the October 13, 1994 Park and Open Space Commission meeting. At this time, I would like to remind you that your application for a Land Alteration Permit must be received by September 29, 1994. Please find enclosed an application form for your use. If you have any questions, please feel free to call me or Peggy James. Sincerely, Parks Director JF:Pi Enclosures cc: Jon Sutherland, Building Official prmted on recycJed paper August 5, 1994 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1667 (612) 472-0600 FAX (612) 472-0620 Mr. Daniel Strot 1566 Eagle Lane Mound, MN 55364 SUBJECT: Land Alterations on Public Lands Dear Mr. Strot: During a regular inspection of dock sites on public lands, it was noted that a land alteration of plantings, rock boarder, and wood chips have been placed on Waurika Commons. This type of work on public lands requires a Public Lands Permit which requires review by the Park and Open Space Commission, and approval by the City Council. Enclosed is information for making application. This application must be returned to this office by August 25, 1994 in order to be reviewed by the Park Commission on September 8, and by the City Council on September 27. Also, at this time, I need to have you~address the location of the horse shoe pits. If this is on public lands it will also require a permit. If you have any questions, please feel free to contact me at 472-0611. Sincerely, /1 (~dim Fackler Parks Director JF:pj cc: Jon Sutherland, Building Official August 23, 1993 RESOLUTION %93-119 RESOLUTION TO APPROVE A SPECIAL CONSTRUCTION ON PUBLIC LANDS pERMIT FOR ~ pRIYATE STRUCTURE ON PUBLIC LAND TO ~LLOW THE CONTINUATION OF AN EXISTING STAIRWAY ON WAURIK~ COMMON ABUTTING 1566 EAGLE I2%NE FOR STEVE WELCH OF 1566 EAGLE L]%NE, DOCK SITE %02250 WHEREAS, The city of Mound is updating the permits for structures located on public lands, and; WHERE~S, city code Section 320, requires city Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; two riser WHEREAS, this stairway consists of a simple concrete step in good condition and a walkway that traverses the shoreline, and; WHERE~S, the Park and Open Space Commission reviewed this request and recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City council of the City of Mound, Minnesota, as follows: 1. To approve a Special Construction on Public Lands permit to allow continuation of the stairway located on Waurika common, abutting 1566 Eagle Lane, for Steve Welch, Dock Site %02250, subject to the following conditions: be Ce The foregoing Jessen and seconded by Councilmember Johnson. The following voted in the affirmative: Jensen, Jessen, Johnson and Smith. The applicant is responsible for maintenance. The permit will expire five (5) years from the date of City council approval. The permit must be renewed with change in Dock License holder. resolution was moved by councilmember The following voted Ahrens. Attest: City clerk 288 MOV 17 '94 0g:26AM MCCOMBS FRAMK ~OOS ~As6ociatas, Inc. Avenue North, Plymouth. Mlnnm~,o~ ~'-~447~"~9 Telephone 612/476-8010 812/476-8532 FAX Su~eyom November 16, 1994 Mr. Edward j. Shukle, City of Mound 5341 Heywood Road Mound, Minnesota 55364 City Manager SUBJECT= Dear Ed: City of Mound, Minneso=a Mound/Mlnnetrista Public Works Ma=erial S=orage ~aymen~ Reques~ NO. 1 MFRA #1048~ Enclosed ia Imperial Developer's Paymen~ RequeS~ No. i for w completed =hrough November 4, 1994, on the sub ect r ork of ~hts paymen~ reques~ is $63 ..... -. J 9 oJec~ The ~?._ i which shows a net ~-~-~72b~' a~so included ~1,797.50. AS YOu ~ __~_=u.~=. =rom ~he con~rac~ ~_ ~=_=-~= ~r~er ~ut added t~ ~---~ ,,~=e, we ~ave sltmin~+~ ~- ~" ~ae amoun= of .~,,_~ ..... -- ~"== ~=ems. The d~-~*~,- -~ ~'~= =res transDlantln. ~*-~,,uw==er Problem en~l,~ ..... -~,,~a~ was necess~ ~,,,mu~= zef~ on =he site. - We have reviewed both ~he paten= reques= and chan~e order and are recommendtn~ approval of ~he amoun=s If you have any ques=ions or need addt~ional informa~ion, please contact us. Very ~ruly yours, MCCOMBS FRANK ROOS ASSOCIATES, INC. JC:mm John Cameron An Equal Ol~l)onunity Emitter MO¥ 17 ~ 09:~6AM MCCOMBS FRgMK ROOS CHANGE ORDER NO. 1 MOUND/MINNETRISTA PUBLIC WORKS MATERIAL STORAGE SITE GRADING & ACCESS ROAD RECONSTRUCTION MFRA #10481 E TI N - MAT T R AR A: 4" Drain~tle Dozer To~al Add 370 L.F. @ $4.50/L.F. ' 2.5 Hrs. @$115.00/HR- ' Item #5 - Transplant: Trees 25 EA @$150 O0/Ea. = To=al Dedu¢= Change in Con~r&c~ ' Deduc~ ORIGINAL CONTRACT AMOUNT - SECTION CHANGE ORDER NO. I - DEDUCT REVISED CONTRACT AMOUNT - SECTION ORIGINAL CONTRACT AMOUNT - SECTION REVISED CONTRACT AMOUNT - SECTIONS $ 1,665.00 287.5Q S 1,952.50 $ 3,750.00 $ .3,750.00 $ -1,797.~0 $100,002.50 -1.797.50 98,205.00 4,0. 164.50_ $138,369.50 .... APPROVED: ' APPROVED: CITY OF MOUND DATE: DATE: DATE: ~$sl NOV 17 00 for 3 days, plus $2.00 per day after - thi.rd day to Ten ConsecUtive Days onlY. FOur Per year to any Organization LICENSE # CITY OF MOUND 5341 MAYWOOD ROAD _. NOV I 7 MOUND, WYINNESOTA 55364 ~ ~/o, o o of Event:~'~''('~ ~tioa 810.10, Su~. ~. Liability ~~' (a) Prior to ~e i~ of ~Y B~r lf~n~, the applier ~e~ P~f of ~ei~ ~ibility wi~ ~gard to liabfli~ fm~ by M~m Smmt~ ~tioa 3~A.801 to ~e Cf~ Cle~ ~d to ~e Co~ioner of ~blie Safety ~ a ~ndition of ~e f~ or r~ew~ of ~s ~. P~f of ~ef~ ~ibflity ~all ~ given by fling a ~ifi~te ~t ~e~ fs ~ eff~t -,: ...... ~ ~rovid~g ~e ~mum ~ve~g~ for d~m shop liabilit~ ~ r~ui~ b~ M~ $mmt~, S~tion ~,a~y ~, ~- r · · ' ~tion to r~uire ~e ~mum ~ cove~ges ~d amo~ ~A.~, SuMivisiou 1. It as &e intent of ~s ~t of Cove~g :~ Station 810:10. SuM. 1. Appli~tion Fo~. ~ ~e ~ of~y appli~tiou for a Tem~ '~-Sale' li~ to fllow ~e md ~mption of ~r on public lind or public ~h~l l~&, ~e appli~t shall, prior to iss~ee of ~ch libra, file &e ~tteu ~nt of ~e o~er of ~ch l~& to ~eh ~ of im l~ds. Date BILLS ....... -November 22, 1994 BATCH 4103 BATCH 4112 TOTAL BILLS $370,825.89 128,645.38 $499,471.27 o o o .~ I I I o o o o oo oo oo I I oo ! t Z CI Ill Z ! 0 0 p.. 0'. o o oo 0 o o o I ! I III. ~Z J II o oo o a. t~ ,.,4 o I o o o o .-4 · 4: I o oo o ~ ~ ~ ~ o oO ~0 ill Z 0 c a0 o o o ,.~ ~ ! IIIIIII Z LIJ bd I ~...I 13_ Z ~..~ "3 ::3 Z I Z I bJ_J -,,-~ _,j C) n-' .:3::-3 Z u~ Z ! 0 ooo~ o ~ UJW u.J I ~371 Z U3'~Z )- 0 Z d .d Z "'" I-- ~Z ,no 0 II Z 0 Z GENERAL FUND Taxes Business Licenses Non -Business Licenses and Permits intergovernmental Charges for Services Court Fines Other Revenue Charges to Other Departments TOTAL REVENUE FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND CITY OF MOUND BUDGET REVENUE REPORT Oct. 1994 Oct. 1994 YTD BUDGET REVENUE REVENUE VARIANCE 83.33% PERCENT RECEIVED 1,231,780 0 611,71 0 9,450 45 7,834 (620,070) (1,616) 59,850 8,330 89,083 29,233 884,960 (4,722) 496,692 (388,268) 49,500 363 10,268 (39,232) 65,000 3,300 42,703 (22,297) 60,800 15,510 42,476 (18,324) 15,00--0 97___~3 9 6_~74 ~ 2 376 340 ~ ~ 308,817 32,777 270,596 (38,221) 108,000 10,265 98,073 (9,927) 1,300,000 110,443 1,113,902 (186,098) 380,000 44,147 302,71 0 (77,290) 680,000 60,610 566,212 (113,788) 5,650 25 1,930 (3,720) 72,000 20 72,698 698 49.66% 82.90% 148.84% 56.13% 20.74% 65.70% 69.86% 64.499{,_ 55.15% 87.62% 90.81% 85.68% 79.66% 83.27% 34.16% 100.97% 11/13/94 rev94 G.B. GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Summer Recreation Contingencies Transfers GENERAL FUND TOTAL Area Fire Service Fund Recycling Fund Liquor Fund Water Fund Sewer Fund Cemetery Fund Docks Fund CITY OF MOUND BUDGET EXPENDITURES REPORT Oct. 1994 83.33% Oct. 1994 YTD PERCENT BUDGET EXPENSE EXPENSE VARIANCE EXPENDED 63 130 2 000 I ,380 180 330 11 320 48 350 151 080 24,2OO 81,500 795,240 5,400 157,850 397,520 102,860 136,620 33,930 40,000 7,145 50,855 12,275 80.56% 0 0 2,000 0.00% 0 621 759 45.00% 13,553 144,768 35,562 80.28% 88 8,310 3,010 73.41% 3 50,183 (1,833) 103.79% 11,559 121,772 29,308 80.60% 661 16,444 7,756 67.95% 14,291 84,776 (3,276) 104.02 % 66,627 624,000 171,240 78.47% 276 1,578 3,822 29.22% 10,642 119,181 38,669 75.50% 30,908 296,647 100,873 74.62% 19,622 87,426 15,434 85.00% 9,526 110,156 26,464 80.63% (475) 0 33,930 0.00% 354 5,541 34,459 13.85% 10__q~027 100,267 3_~33 973 _74.69% 77.00% 240,19O 104,330 190,840 834,990 1,390,280 5,240 53,680 20,098 178,939 61,251 74.50% 13,948 116,589 (12,259) 111.75% 18,265 164,040 26,800 85.96% 128,038 682,510 152,480 81.74% 168,219 1,090,581 299,699 78.44% 122 3,160 2,080 60.31% 15,053 60,257 (6,577) 112.25% exp94 11/13/94 G.B. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION NOVEMBER 10, 1994 Present were: Chair Carolyn Schmidt, Vice Chair Tom Casey, Commissioners Marilyn Byrnes, David Steinbring, Mary Goode, and Bill Darling, Council Representative Andrea Ahrens, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey and Secretary Peggy James. Commissioners Meyer and Geffre were absent and excused. The following persons were also in attendance: Nancy Shaffett, Germain Persing, Thomas Tokes, David Hanson, Dennis Stahlbusch, Dave Willette, Christine Furlong, Dennis Emery, Jody Emery, Sherry Zuccaro, Jeff Zuccaro, Dan & Sandi Strot, and James Veit. MINUTES MOTION made by Byrnes, seconded by Steinbring to approve the Park and Open Space Commission Minutes of October 13, 1994 as written. Motion carried unanimously. AGENDA CHANGERS The following items were added to the agenda: 8.A. Lost Lake Promotions Task Force Report. 8.B. 1995 Goals. 8.C. 1996 Budget. 8.D. Pelican Point Park Dedication. PUBLI HEARING: 1995 D CK LOCATION MAP The Dock Inspector, Tom McCaffrey, reported that two changes to the map are proposed this year. The first change is to delete Dock Site #33120located on Stratford Lane, and abutting 4536 Denbigh Road. This land has eroded, and therefore, reverted to private shoreline. The second change is to add two dock sites, #54970 and #56180, abutting Lost Lake Park. Staff has determined there is adequate space to allow the two additional dock sites in this area. Ahrens questioned if the docks at Lost Lake Park were approved as part of the Plat. The secretary confirmed that they were approved by a separate resolution. The Parks Director explained that the developer of Lost Lake originally requested that these docks be dedicated to the subdivision, however it was the City Attorney's opinion that these docks had to be made available to the general public, and therefore, there is no guaranty that residents in the Lost Lake Subdivision will be assigned these docks. Chair Schmidt opened the floor for public comment relating to the deletion of one dock site in the Denbigh Road area. There were no comments from the citizens present. Park and Open Space Commission Minutes November 10, 1994 Chair Schmidt opened the floor for public comment relating to the proposed addition of two dock sites at Lost Lake Park. James Veit questioned why these two additional dock sites are being proposed. The Dock Inspector noted that the space is available and there was a request from residents in the Lost Lake development for additional dock sites. Currently, the Lost Lake dock site area is at full capacity. Veit expressed a concern about access due to the Iow elevation of the park and the fact that the ground gets very spongy and wet. Veit asked the Commission if they are aware that the park is sinking. Fackler stated that he has seen some documents showing elevations which indicate that the elevations may be changing. Fackler also indicated that there may be a possibility to reclaim the land through special permits, however, this may not be beneficial for the City. Fackler stated that during a majority of the seasons these dock sites are accessible. David Hanson and Sherry Zuccaro questioned the policies and procedures for obtaining a dock site. Casey confirmed with staff that presently all the dock site holders are residents of the Lost Lake addition. Staff noted that these sites would not be dedicated just to the Lost Lake Addition, but would be added to the general pool. Chair Schmidt closed the public hearing. Casey suggested that it is premature to approve these additional sites, that they should first wait to see if the channel dredge is approved. Casey explained that there are many permit approvals required before the dredge can be accomplished, including an environmental assessment. He would like to know how the additional boat traffic could affect the dredge. Steinbring sees the additional dock sites as a separate issue from the dredge, and he would like to see the additional dock sites to fulfill the docking needs of the people. Casey noted that the amount of boat traffic in the channel will be a consideration when the environmental impacts of the dredge are reviewed. He is concerned that these additional sites could have an accumulative affect on the whole channel eco-system and the wetland. Casey stressed that they should wait for the environmental assessment of the dredge to be completed so they will know how additional boat traffic will affect it. MOTION made by Byrnes, seconded by Ahrens to recommend to the City Council that Dock Site #33120 located on Stratford Lane and abutting 4536 Denbigh Road, be removed from the Dock Location Map. Motion carried unanimously. MOTION made by Casey to table the request for two additional dock sites at Lost Lake Park until the environmental assessment is completed. Due to lack of a second, the motion failed. 2 November 10, 1994 Park and Open Space Commission Minutes MOTION made by Darling, seconded by Steinbring to recommend that two dock sites, #54970 and #56180, be added at Lost Lake Park, as proposed. Darling questioned staff, what was the driving force that initiated this request? Staff confirmed that a request came from the residents. The Council's rationale for originally granting only six sites was reviewed to be due to the amount of boat traffic in the Lost Lake Channel. It was questioned, what would preclude somebody from dredging to gain more shoreline and request more dock sites? If these sites are approved, would they be setting a precedence7 MOTION to approve failed I to 5. Those opposed were: Darling, Ahrens, Byrnes, Steinbring, and Casey. Schmidt was in favor. The Dock Location Map will be reviewed by the City Council on November 22, 1994 ~ 1996 PARK iMPROVEMENTS Fackler explained that money has been allotted in the 1995 Proposed Budget for improvements to both Edgewater park and Dundee Park, and the neighbors have been notified in order for the Commission to receive input on what types of improvements may be desired. He noted that he needs to know if playground equipment is desired so it can be ordered by the end of January in order to receive the equipment before May so it can be installed before summer. 1) EDGEWATER PARK The Parks Director reviewed the current status of the park. There is a bench at the park, access is an issue from the Edgewater Drive side as the stairs are in poor condition, the fence on the hill could remain, and the parking area should be discussed. Neighbor, Christine Furlong, stated that the park is not being used, and its appearance is poor. She does not feel that the park warrants a playground structure, and that children can use the playground equipment at Seton Park which is just a couple blocks away. She would like to see the park spruced-up, it is an eyesore from the Edgewater Drive side. There is a good view of the lake from the park. She suggested that some trees be planted, and maybe some permanent benches be installed. A paved path to allow for wheelchair access would be nice. The Commission recognized the letter received from June Dahlquist requesting playground equipment, and a note from Joy Bennett who is in favor of improving the park but did not specifically request playground equipment. Darling noted that only one person out of 23 who were notified requested playground equipment, and that it appears there is no "need". MOTION made by Darling, seconded by Schmidt, that playground equipment not be installed at Edgewater Park. Motion carried unanimously. The Commission agreed that the appearance of the park needs to be improved, and the access on the Edgewater Drive side needs to be addressed. Christine Furlong offered to collect some 3 Park and Open Space Commission Minutes November 10, 1994 ideas for improvements to the park, and to submit them to the Parks Director. The Parks Director is to report back to the Commission at their December meeting with a plan for improvements. 2) DUNDEE PARK (TEMPORARY NAME) Germain Persing who resides across the street from the park, spoke in favor of a playground structure. She explained that there are 7 kids just on Dundee ranging from 2 years old to 6th grade, and there are 8 to 10 kids behind Dundee. She explained that the walk down the hill to Swenson is not easy for the small children, and Pembroke Park is at least 6 blocks away. Tom Stokes, new owner of the adjacent vacant lot, plans to build a new home on the lot. He is not opposed to a playground structure, however, would like it to be a neutral color, no orange or red. He also wants to maintain his privacy and would like to see some sort of natural barrier between his lot and the park. Nancy Shaffett noted that the City only notified 13 people, and she took the initiative to walk door-to-door with a petition and received 44 signatures from people in favor of playground equipment. Nancy also requested the following improvements: lighting/street light fence at the rear of the park where there is a steep slope picnic table - sign on Dundee "Slow" (people tend to race over the hill) Darling questioned, if a playground structure is installed, can staff guarantee that the abutting neighbor's concerns will be addressed. Darling suggested a plan for the park be submitted before they approve the installation of playground equipment. Mr. Stokes confirmed that he wants assurance that his privacy will be established in when the equipment is installed. The Parks Director explained that the amount of land restorations needed to the park are unknown. However, with the construction of the new house on the adjacent property, there could be a savings with the excavating being coordinated between the two projects. There may be a limit as to how much can be done in 1995, and that if additional funds are needed, they could budget for them in 1996. Fackler suggested that a park sign be installed, and that a light in the park may not be necessary. Fackler noted that only one other City park currently has a light, and a street lighte counld be looked into. The Commission determined that the neighbors and the Parks Director should meet to discuss a plan for the park. REQUEST TO SEED SOD PARKING AREA. Parks Director, Jim Fackler, reviewed the staff report. The applicant is seeking to restore an area of land that is located on Waurika Commons that is showing stress from compaction from automobiles being parked on it. 4 '¥$71 November 10, 1994 Park and Open Space Commission Minutes This area is not a recognized parking lot and has only been utilized over the years by dock site holders. Through inspection of this area, staff has noted that there is ample parking on the improved street. Staff recommended the Park and Open Space Commission recommend approval of a Land Alteration Permit subiect to the following conditions: 1. Notice must be given to the Parks Director when restoration work will being and when it is completed. 2. Restoration work must be completed by June 13, 1995. 3. Only a ground cover of grass is allowed which does not include any decorative plantings, berms, or edging material. 4. If the area is going to be seeded or sodded, then erosion control measures must be taken. Sufficient watering shall be provided for growth. 5. The applicant is responsible for all costs and maintenance, including installation, watering, and mowing. 6. This is a one-time permit and will expire June 13, 1995. The applicants noted that none of the other dead end streets on Three Points leading to the commons have parking areas, this is the only one. They feel there is adequate space on the road for people to park, and the most number of vehicles they have seen parked there at one time was three. MOTION made by Darling, seconded by Goode to recommend approval of the Land Alteration Permit, as recommended by staff. Motion carried unanimously. This request will be reviewed by the City Council on November 22, 1994. DISCUSSION: PLANTING POLICY_ The Commission reviewed the City Council Minutes relating to this topic. The Commission agreed that "shall" can be changed to "should" throughout. Their "goal" was discussed. It was noted that it is not their intention to return all areas into a natural state. For example the previous request to sod a parking area is acceptable. Casey suggested that the verbiage "wherever possible" be added to the goal. Darling offered to work on revising the goal and bring it back to the Commission for their review. 5 Park and Open Space Commission Minutes November 10, 1994 DISCUSSION: WINTER DOCK STORAGE Parks Director, Jim Fackler, reviewed staff's recommendation to have the Dock Inspector monitor the shoreline this winter season, relating to winter dock storage, and solutions can then be drafted for the Commission's review next Spring. The Commission clarified that there are really two different issues at hand: 1. WINTER DOCK: STORAGE: Storage of dock sections and boat lifts on the land during the winter (i.e. obstruction of view of the lake, unsightliness to abutting owners, etc.) 2. WINTER DOCK: F1EMOVAL: Removal of docks from the water in the winter (i.e. floating dock sections float can cause hazards and be a nuisance, and docks in disrepair are unsightly) Fackler stated that it is his opinion that the current ordinance is sufficient to enforce problems with storage of docks on the shoreland. Ahrens confirmed that the Council was in favor of requiring docks to be removed from the water. It was questioned, if docks are required to be removed from the water, will there be room for storage on the shoreland? How is it then determined how these docks should be stored on the shore? It was suggested that stronger language may be needed in the ordinance. It was determined that the Commission will review this issue again in March for possible ordinance changes. WINTERFEST UPDATE FROM BILL DARLING He has not received any responses. Lost Lake Promotions Task Force Re Lost Lake Promotions Task Force Representative, Carolyn Schmidt, reviewed the "Lost Lake Canal - Public Relations Strategy:" which was handed out to the Commission. She notified the Commission members that if they had any comments she needs them by next Monday. (Ahrens was dismissed from the meeting.) Casey questioned the economic value of the dredge to the public. He explained that half a million dollars of the public's money could be spent on this dredge that may not economically enhance the community. Mr. Veit questioned how this dredge will impact his property, the park property, and their docking area. The Commission suggested that Mr. Veit express his concerns to the City Manager, the EDC, or the Council. 1995 Goals Schmidt asked that the Commission start thinking about their goals for 1995. 6 Park and Open Space Commission Minutes November 10, 1994 Schmidt asked that the Commission start thinking about their goals for the 1996 budget. pelican Point Park Dedicatio~ The Parks Director explained that the money has not yet been received. He will check on the date when it is required to be submitted. Minnesota Land Trust Commissioner Casey explained that this organization deals with land preservation, and meetings are now being organized involving the west metro area, and they are trying to get cities involved. This organization deals primarily with private land preservation. Their next meeting is Wednesday, November 16th at Chanhassen City Hall, and is open to the public. Park Director's Reoo_~ Fackler informed the Commission that Mystic Lake Casino filmed a commercial at Mound Bay Park. Waurika commons was riprapped with about 600 lineal feet of field stone. Skating rinks for this winter will be the same as last year with three small rinks. The rinks will not be lighted. Fackler has not been approached by the hockey association. Dock Inspector's Reoort_ No comments. Celebrate Summe~r Byrnes and Schmidt reported that the Chamber of Commerce has agreed to co-sponsor one event next summer. The Committee has also written a request for a grant to the State for help with funding the program. Involvement from the Park and Open Space Commission Members was invited. MOTION made by Byrnes, seconded by Steinbring to adjourn the Park and Open Space Commission Meeting at 10:13 p.m. Motion carried unanimously. 7 ,eague of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 November 14, 1994 Edward Shulde, Manager City of Mound 5341 Maywood Road Mound, MN 55364-1687 Dear E~d: RECEIVED The purpose of this letter is two-fold: to apprise you of the candidacy of several city officials for National League of Cities Board and Officer positions and to solicit your city's potential interest in being represented on the NLC Small Cities Council. Concerning the former, as a direct member of NLC, your community is eligible to vote for candidates for NLC offices at the annual Congress of Cities. The Board has asked that you be advised of those candidates known to the League as of this date. If, after reviewing the accompanying information, you would like any additional information about any of these candidates, please let me know and we will try to obtain it from NLC. The second issue concerns the NLC Small Cities Council. The Small Cities Council is a group of NLC's membership which shares common interests, in this instance, issues related to cities under 50,000 population. The Small Cities Council serves as a forum to meet the special information and training needs of cities in this population group and to insure that their interests are represented in NLC's policy process. The League has two appointments to the Small Cities Council. Currently, Millie MacLeod, Councilmember from Moorhead, holds one of these positions. The other is vacant. The Small Cities Council meets three times per year, at both the Congress of Cities and Congressional Conference and one other time not in conjunction with either conference. Direct Expenses are paid or reimbursed by the League, except those incurred at the Congress of Cities and Congressional Cities Conference. The appointees must be elected officials. If there is anyone from your community interested in serving in this capacity, please let me know by December 2, 1994. ~i;iller Executive Director ;12) 490-5600 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 1-800-925.1122plunyour citycode TDD (612) 490-9038 Fax(612)490-O072 LEAGUE OF IOWA MUNICIPALITIES Serving Iowa's cities since 1898 June 28, 1994 TO: FROM: SUBJECT: Region Six League Directors Thomas G. Bredeweg, Executive Director Candidate for NLC Board The Executive Board of the League of Iowa Municipalities has endorsed the candidacy of Larry Curtis, Mayor of Ames, Iowa, for the National League of Cities Board of Directors. I am writing in the hope that some of the delegations of our neighboring states will support Larry's candidacy. I have enclosed a biographical flyer on Mayor Curtis, but that does not fully describe the attributes that we feel he could bring to the NLC Board. Larry is truly a leader among leaders. When our Board has been faced with difficult decisions, they often look to Larry to point out the alternatives and suggest the best course of action. Invariably, he is right. One of the more refreshing qualities that Larry possesses is his ability to express directly and succinctly the issue at hand. He does not trivialize or over simplify matters, but he can reduce an intricate problem to the critical questions that need to be answered. He is also very global in his solutions and is careful to present conclusions that best benefit the majority of the membership. Last but not least, Larry is a delightful person to be around. He is loyal to our state league and to the NLC, and will be an effective advocate for the municipal position. I highly recommend him and ask for your support. TGB:di Enclosure president 317 Sixth Avenue. Suite 1400. Des Moines. IA 50309-4122 · (515) 244-7282 FAX (515) 2444)740 President-elect Past President Executive Director Larry R. Curtis Larry Curtis, mayor of Ames, Iowa is seeking election to the National League of Cities Board of Directors. Curtis currently serves on the NLC steering committee on Finance, Administration and Intergovernmental Relations (FAIR) and is chair of the Subcommittee on Municipal Administration. He also previously served on NLC's Committee on Human Development. ~!rtit_~__s was elected to the Ames city council as am ember at large in 1978 and served in that capacity · 1.9.9_0~whe~ .he ~was ele. cted Mayor. Larry ,,,as elected to the League ~cuuv¢ ~oara m ~eptemlaer of 1989 and served as President in 1992. of Iowa Municipalities In 1973 Curtis became an assistant professor at Iowa State University in the Department oflndustr/al Administration where he still teaches as an adjunct professor in business law. In addition to teaching at the University, he entered private law practice in 1975. He is a member of the Story County Bar Association, the American Business Law Association and the Ames Estate Planning Council. He graduated from Iowa State University in 1968 with a bachelor of science degree in Mechanical Engineering; and earned an MBA and Juris Doctor degrees from University of Iowa in 1973. He manages his son's Little League baseball team and has been active in sports officiating for both basketball and football. June 28, 1994 City of Columbus Mayor Gregory S. Lashutka Office of the Mayor City Halt Columbus, Ohio 43215-9014 614/645-7671 FAX 614/645-8955 Mr. James F. Miller Executive Director League of Minnesota Cities' . 3490 Lexington Avenue North Mr~~55126 St. Paul, Min Dear I I am writing to ask for your support of my candidacy for Second Vice President of the National League of Cities. As cities move through stressful times in the 90s, city leaders must look in new directions for answers. Washington is no longer a major source of innovation or dollars. Increasingly, cities must look to the federal government for relief from regulations and mandates, rather than financial help. During my tenure as mayor of Columbus, I have made. reforming the intergovernmental relationship between cities and the federal government one of my major tasks -- not just for my city, but for all cities. I am proud to have served as Chairman of the NLC Committee on Finance, Administration, and Intergovernmental Relations in 1993. Together, we pushed the unfunded mandates issue to the forefront of the national debate. I have continued in this effort as chairman of the NLC Unfunded Mandates Task Force, testifying before Congress many times on this issue. I am honored to have been selected as the 1993 Municipal Leader of the Year by American City & County magazine and elected as a member of the NLC Board of Directors. My approach as mayor has been to build bridges between government, the private sector, the non-profit sector, and neighborhood activists to achieve the greatest amount of leverage from available resources. I believe that same philosophy must be provided to the National League of Cities as we expand our national voice on behalf of cities. The NLC has been an important voice in shaping reasoned and sound municipal policy, but we must become even stronger during these challenging times. I believe I can provide the type of leadership that the National League of Cities desires. As second vice president, I believe I can help the NLC develop effective strategies to deal with urban policy. I would very much appreciate your support. / Sinqere~y, Gre~o~ ~. LashutKa Founded 1791 City of Hamilton! Ohio Municipal Building 20 High Street, Hamilton! Ohio 45011 September 6, 1994 Mr. James F. Miller 3490 Lexinaton Avenue North St. Paul, M~nnesota 55126 Dear Mr. Miller: After much thought and consultation, I am happy to announce my candidacy for Second Vice President of the National League of Cities. With excitement about the future of our League and the communities that it represents, I solicit your support for this effort. I have held elective office in my community since 1983, first as Councilman, then as Vice Mayor and eventually as Mayor. In my terms I have attempted to express a vision and unity of purpose between our citizens and the various public and private service resources. Concurrently, I have also endeavored to serve the National League of Cities in a variety of positions. Over the past ten years, I have served on both Policy and Steering committees. I have been honored to serve on the Board of Directors of the Hispanic Elected Local Officials and eventually to have progressed through the chairs to be its President and currently serve as its Immediate Past President. In Atlanta in 1989, I was elected on my first attempt to a two-year term on the NLC Board of Directors. Currently, I serve as Vice Chairman of the Advisory Council, member of the Conference Program Committee for the past two years and as a member of the Transportation and Communications Sieer-ir'~g Commiitee. From these various positions, I ~-.-, ,-.-, had the opportunity to voice the concerns of communities collectively at both the state and national level. ' '"""" ~ The campaign for Second Vice President of the National League of Cities that will be waged in Minneapolis this winter, promises to be interesting and critical for the future of our cities. As a League, we will have the opportunity to select from a variety of candidates with diverse and different experiences. Of the other probable candidates for Second Vice President, one individual has served the League for 17 years, and the other is completing his first year on the Board. Both represent very large metropolitan areas. Both are zealous and articulate advocates for our concerns. But is it enough to say we represent large constituencies? September 6, 1994 Page 2 The leadership of the League should reflect the diversity and characteristics of its membership. The majority of our member cities are small and medium sized communities similar to my own home of 63,000 residents. Electing officers from smaller cities is a recognition of their needs and the important role they play in the fabric of our nation. Over the past decade, I have endeavored to earn your respect and to learn from my colleagues. I now believe that I am ready to put these years of knowledge to even more important efforts on your behalf. I would be sincerely honored by your support of my candidacy and I would welcome any suggestions or thoughts in that regard. Thus, I remain... Very truly yours, Adolf Olivas, Esq. Vice Mayor AO:dr PRESIDENT SUE L. GLIDEWELL MAYOR. RAINBOW CITY November 1, 1994 EXECUTIVE 2 'RECTOR PERRYc ROQUE'.;ORE JR t.'~','-GOMERY Official Publication: Alabama Municipal Journal P.O. BOX 1270 MONTGOMERY, ALABAMA 36102 535 ADAMS AVENUE TELEPHONE 262-2566 MONTGOMERY, ALABAMA 36104 Serving Alabama's Home-Town Governments and Home-Town Officials FAX 263-0200 MEMORANDUM TO: All State League Directors FROM: Perry C. Roquemore, Jr., Executive Director ?ff//~ SUBJECT: Candidacy of Alvin p. DuPont for NLC Board The Alabama League of Municipalities enthusiasticall en P. DuPont of Tuscal , a ~o~,.__ ,. . _ Y dorses the candidacy of Ma or ' oos,,, ,-,~,,o,uaaa, xor a seat on the Board of r~;,-,~,,, .... ,-,,_ ..... Y,, Alvin of Cities .... ,,~,,-a m me ~'~auonat League A1 has been very active and supportive of NLC and the Alabama League of Municipalities during his 40 plus years of municipal service. Al was employed by the City of Tuscaloosa for 30 years as Assistant City Engineer, Public Works Director and as Director of Planning and Community Development. In 1981 the citizens of Tuscaloosa elected him as mayor and he has continuously served in that capacity since his election. He has served on the NLC CED Policy Committee and has attended American Municipal Association and NLC annual conventions for over four decades. He has attended Congressional-City Conferences as both employee and mayor. A1 has served in a number of leadership positions for the Alabama League of Municipalities including his terms as President and Vice President of the League. He also serves on the League Committee on State and Federal Legislation and the League CED Committee. Mayor DuPont wrote the first policy statement for the State CED Committee in 1972. During his service to NLC and our League, A1 has earned the admiration and respect of his colleagues in municipal government across the nation. The League, and I personally, are honored to support his candidacy. I am confident that he will make an outstanding contribution to NLC during his term on the board. The League appreciates your support of A1 DuPont for a seat on the NLC Board of Directors. Candidate for Board of Directors National League of Cities Mayor Alvin P. DuPont Tuscaloosa, Alabama Candidate for NLC Board of Dire ctors Service with the National League of Cities: · Attended American Municipal Association and National League of Cities annual conventions for ox'er 4 decade · Attended Congressional-City Conferences as city employee and as mayor · Served on NLC CED Policy Committee Service with the Alabama League of Municipalities: · President, 1991 to 1992 · Vice President, 1990 to 1991 · Member and Past Chairman, League Executive Committee · Member, Alabama League Committee on State and Federal Legislation · Ch~firman, League Building Committee, 1991 to 199'- · Member, League Policy Committee on Community & Economi~ Development; wrote first set of policy statements fo.- :ommittee in 1972 Service to the City of Tuscaioosa · Employed by City of Tuscaloosa for 30 years as: Assistant City Engineer Public Works Director Director of Planning and Community Development · Mayor, 1981 to Present Other Service · Past Chairman, Region IV, National Community De'. ~opmcnt Association · Member, Board of Directors, National Community Development Association · Past Chairman, Alabama Community Development Association · Member, American Planning Association · Member, American Society of Civil Engineers Mayor DuPont is endorsed by the Alabama League of Municipalities and its Board of Directors. RUTH W. MESSINGER BOROUGH PRESIDENT THE CITY OF NEW YORK OFFICE OF THE PRESIDENT OF THE BOROUGH OF MANHATTAN MUNICIPAL BUILDING NEW YORK, N.Y. 10007 (212) 669-8300 September 8, 1994 Mr. James F. Miller Ex Oir. League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 Dear Jim: You should have received a leEEer r-rom Ed Farrell, Executive Director of ~he New York Conference of [~iafors, concerning my candidacy for NLC Second Vice Preside.qt. Having campaigmed actlvely last year and gotten exciEed abo~t the Work to be done on behalf or our cities and towns ~nd havin9 checked to be s~re I can give the National League of Ci~ies '~e time amd attention it deserves, I am pleased to present myself as a candidate to join the leadership of NLC in 199~. As yo~ may know, I have Oee~ a~Eive im NLC for almost sixteen ~e~rs. I have ~eld ~any ke/ ~osi~io~s~ represented the Leagme before Congress~ and been P~[Vileged to Work with many Leagme members on issues ~h~ ~re cf criEical importance to all o~r cities and towns. I ~ave nhe ~emor~snr~ned ability ~o work with a broad cross section of peop!~ race and part~. ~ ~cross lines of geography, I recognize that New York is no~ ~ypical o~ Americam cities, b~t I have discovered thromgh my Xea~s of service j~st how m~ch it has in common with all other ci~ies. ?~e shared agend~ that is NLC~s National M~nicipal Policy speaks Yo o~r common concerns. As am NLC officer, I wo~ld ~e a fo~cef~l advocate for that shared agenda, PUrsuing the COncerns o~:' ever~, ci~z' large and small, in all par~s o~ our nat:ion. Liszeninc to ar-:zi effectively expressing those COncerns is ~he ~ask oz i,ILC ~eade~.s- presenting our needs collabora~ively is Ztie way r.o make .ou~' iz:~acz felt in Nashington. I know the years imm~diauely J;e~ozc~ us are crinical to the fiscal, developmental a[~ e~v]ro~:~..e:ltai ~ea]th of our cities. I k~ow, ~or exa~p].e, that we mus,a op~e u~tt~,~ed ~ederal mandates and lobby instead for our sa:,: dolla:-s 5o oe able 5o be used by -2- our cities and their local elected officials to help address local needs. And we have huge other needs and responsibilities' I am convinced that the legislative and executive experience I have had in my own city, the variety of work I have done in and with NLC, and all of the work I have done with Washington in many capacities will stand all of our cities in good stead. I want to work with all the active members of the NLC community to help the League build on its successes and attain new heights. I hope you will share this information with your Board or Executive Committee and notify the members of your State League of my candidacy- since I consider s%ate Leagues to De the backbone of much of the good work that gets done in NLC, I would be particularly pleased to attend any events you may be hosting in Minneapolis or to answer any questions you may have about my candidacy- Please let me hear from you. y yours, Messinger Borough President How would NLC benefit from having an offiCer from New-York City? Ruth has demonstrated experience as a good listener. She has learned in NLC just how much the cities and towns of this country have a shared agenda and just how important it is to our success to promote that agenda collaboratively. She continues this effort today as she represents NLC/NCSL and NACO before Congress on welfare entitlements. She has and will ensure that the policy, legislative, program and budget actions for which she stands will benefit all cities and towns. · What special qualifications does Ruth Messinger offer NLC? Ruth brings to NLC her early experience as a prot'~ssional social worker and a former teacher and administrator. A long-time elected official and an active NLC member, she has a record of leadership in rebuilding homes and neighborhoods, in budgeting dollars with care and in effecting improvements in service delivery and in creating partnerships to improve economic opportunity. Ruth believes that our cities are not the nation's problems but the source of its solutions, that it is at the League, in the bipartisan and creative atmosphere we provide, that the next generation of answers will be forged. She offers NLC her capacity as a sensitive and fair representative of our varied interests and concerns, her vision of a better future for cities and her skill in developing agreements and negotiating consensus. She is thoughtful, flexible, creative, effective and energetic--all qualities which would strengthen our national organization. · RUTH MESSINGER Candidate 35r Second Vice President Some Questions and Answers Who is Ruth Plessinger? Ruth Messinger is the Borough President of Manhattan in New York City. She is the chief municipal elected official for 1.5 million people and has key fiscal, economic development, land use and constituent service responsibilities. Prior to becoming Borough President in 1990, she served 12 years on the City Council. Ruth has been involved with NLC for more than 16 years and brought several local officials into the organization. She has served on the Board of Directors and the Advisory Council; she helped reshape the Council into the NLC Futures Forum and chaired it when it produced a report on Diversity and Governance. She served many years on the Human Development Steering Committee, is on the Task Force on Violence, and has often represented NLC before Congress and in meetings with other organizations. Ruth has been active in Women in Municipal Government, serving as its president. She played a role in connecting the different constituency groups in NLC and strengthening their positions in the organization. She is married to a public school administrator, has three adult children, and three grandchildren. * Why is Ruth running for League office? Ruth Messinger has the knowledge, skill and ability to work with municipal leaders all over the country on behalf of the NLC agenda. Having run for Second Vice President before, Ruth is again advancing her candidacy, because she has received encouragement from elected officials in towns and cities of all sizes all over the U.S. who believe NLC would benefit from her substantial experience and from her record of close work with prominent members of Congress and the administration. · What is a Borough President anyway? The position of Borough President in New York City is established as a municipal office in the City Charter and funded by City tax levy dollars. It is a position which allows Ruth to continue the work she did as a Council Member-- reviewing budgets, overseeing local service delivery and making law. It also confers executive responsibility over land use planning and local economic development activity. · I, .. 1ll . w York State Conference of Mayors and MunIcipal Ofhcials 119 Washington Avenue, Albany, New York 12210 (518) 463-1185 Executive Committee President Richard G. Lockwood Mayor, Ogdensburg First Vice President Mary Alice Bellardini Mayor, Homer Second Vice President Clyde Rabideau Mayor, Plattsburgh Treasurer Jerry Jennings Mayor, Albany Immediate Past President Shawn D. Hoqan Mayor, HornelT Members Almeda C. Dake Mayor, Saratoga Springs ~rt Elliott Croton-on-Hudson Anne R. Morton Mayor, Honeoye Fails Eugene j. Murray Mayor, Rockville Centre John V. Pagliaccio Mayor, East Aurora Peter D. Quinzi Mayor, East Rochester Robert D. Signoracci Mayor, Cohoes Ernest J. Strada Mayor, Westbury Terence M. Zaleski Mayor, Yonkers Affiliate Representative Christopher Russo Municipal Management ~.ssociation of NYS 3ast Presidents: Ex-Officio Nilliam H. Kelly ~layor, Asharoken · ouis C. Mancuso r, Fredonia dward C. Farrell Toll free number for NYCOM members 1-800.446.9266 Fax # (518) 463-1190 James Miller Executive Director League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 Dear Jim: August 29, 1994 I want to advise you how pleased I am that Ruth Messinger has decided to again seek the office of Second Vice President of NLC. Last year Ruth was the candidate endorsed by the Nominating Committee. Although she was not elected, she still has much to offer NLC, and I am enthusiastically supporting her candidacy and looking forward to her selection this year. Ruth is a former member of the New York City Council and is currently the Borough President of Manhattan. She is a member of the NLC Advisory Council, a former President of Women in Municipal Government, and has served as a member of the Human Development Steering Committee and several special task forces. Ruth's experience and commitment to NLC make her eminently qualified to serve as an officer. I am pleased to support her candidacy on the merits, not to mention the fact that the last NLC President from New York was Robert Wagner - back in 1956! As your board of directors meets in the next few months, I urge you to put forth Ruth's name for an endorsement by your league and to write to the Nominating Committee when it is appointed. serve us well. She will ECF:lme S~rely, Edward C. Farrell Executive Director The Pennsylvania League of Cities and Municipalities November 9, 1994 TO: FROM: SUBJ: N-LC Nominating Committee NLC Board of Directors State Municipal League Directors Congress of Cities Attendees John A. Garner, Jr., Executive Director Philadelphia for Endorsement of Councilwoman Marian B. Tasco, the NLC Board of Directors On behalf of the Pennsylvania League of Cities and Municipalities President, Council Vice President Joe Bendel, McKeesport, and the Board of Directors, it is my pleasure to announce the League's strong endorsement ofCouncilw°man Marian Tasco, Philadelphia, for a seat on the NLC Board of Directors. Councilwoman Tasco hasan oUtstanding'hist°ry of coremitment t° our League and the National League of Cities through serVice' On various committee,sand attendance at the annual conferences. As an avid supporter of the National League of Cities mission, she currently serVes on the Human Development Steering Committee, the Board of Directors of Women ~n Government and as a member of the NLC's National Black Caucus (NBC-LEO). As the chairwoman of the Public Health, Human Services and Recreation Committee, of Philadelphia's Council, she has utilized her leadership skills to secure passage of landmark ordinances to address particular issues of concern to the city residents. Active in the community, she has been recognized for her civic commitment through the presentation of numerous awards and recognitions. In addition to the League, her candidacy has been endorsed by the NLC Women in Government and by Mayor Edward G. Rendell of Philadelphia. For these reasons, we respectively request your support of Councilwoman Marian Tasco's candidacy for the NLC Board of Directors. Thank you. 414 North Second Street, Harrisburg, PA 17101 ° (717) 236-9469 ° Fax: (717) 236-6716 Joseph Bendel, Council Vice President, McKeesport, Presidem ° John A. Garner, .Jr., Executive Director Founded 1900 ~luriun Il- Tu~eo November 16, RECEIVED LAKE MINNETONKA CONSERVATION DISTRICT 1994 TO: FROM: SUBJECT: Member City Elected Officials and Administrators Minnehaha Creek Watershed District Board Hennepin County Sheriff's Water Patrol Hennepin County Environmental Management Division Suburban Hennepin Regional Parks Board MN DNR Trails & Waterways MN DNR Division of Waters MN DNR Ecological Services Minnesota Sportsfishing Congress Fishermen Advocating Intelligent Regulation Lake Minnetonka Lakeshore Owners Association Multiple Dock Owners Association LMCD Board of Directors Area Weekly Newspapers Chair Bill Johnstone Public Hearing to Consider an Ordinance Amending the LMCD Code to Establish Planned Usage Development Procedures and Standards and a Definition for Public Piers A public hearing is planned to consider the above subject: 7:00 pm, Wednesday, Deceraber 7, 1994 City of Tonka Bay City Hall 4901Manitou Rd (County Rd 19), Tonka Bay This proposed ordinance would provide the LMCD board more specific direction in processing apPlications for water structures of a magnitude beyond the normal boat docking structure or standard fishing pier. This ordinance has been proposed as a means of reviewing a public pier development in Wayzata Bay under consideration by the City of Wayzata. The LMCD board wishes to encourage a wide array of public comment on this ordinance. The enclosed ordinance draft is provided for your advance review and comment. Written statements will be welcome before or at the public hearing as well as oral comments at the public hearing. Thank you for taking the time to consider this important provision affecting the future of water structures on Lake Minnetonka. RECEIVEO I, 0V 1 7 D~FT 11/15/94 ORDINANCE NO. 94-___ AN ORDINANCE AMENDING THE LAKE MINNETONKA CONSERVATION DISTRICT CODE OF ORDINANCES TO ESTABLISH PLANNED USAGE DEVELOPMENT PROCEDURES AND STANDARDS AND A DEFINITION FOR PUBLIC PIERS. THE BOARD 0F DIRECTORS OF THELMCD ORDAINS that the Lake Minnetonka Conservation District code of ordinances is amended to read as follows: ~ Section 1.02 of the LMCD Code is amended to add the following: Subd. 22A ,,Public Pier" means a dock structure constructed and maintained on the Lake by a governmental agency designed for non-motorized pedestrian travel. The primary purpose of a public pier is to provide access to and from the Lake for the general public. Section 1.0705 of the LMCD Code is added to read Section 2. as follows: Section 1.0705. P~lanned Usaqe Dev~loDm~ntL Subd i Purpose. This section is established' to provide rehen~iv~ procedures and standards designed to allow greater f ublic piers on or within Lake comp .... ~ development o p .... ~~ rom the strict ~lmw~Di£1tY ~n the =-. ~wino uev~=~ .... f Minneton~a- ~' ..... - provisions of this Code is intended to encourage: in development of the Lake for public access a) Inn°vati°nSible under strict conformance with this Code. that would not be poss b) More convenience in location and design of public piers to be developed by municipal, county, or state agencies for public use. c) Enhancement of public access to and from the Lake through structures that otherwise would not be allowed by this Code. d) The enhancement of the Lake in such a way that is environmentally sensitive that does not adversely affect the Lake or lakeshore- Subd. 2. General Standards. a) Review Considerations. In its review of an a ' ' ~d~eL~s- ~ctlon% the LMOD Boar . _ _Y pPllcatlon ~ ----i-~ un cue a Dlicat~ ~ ~ d of Directors shal .... ~ ~oar~. th~ .... ~ _ -~'~ ~ ~nose ~er~ ....... ~ ~uer committee, the ......... er ....,,=~uatlons of th= ~--~ _.ore the units =~ --- ~uu~=~en~atlons of a~ .... ~ =~px~caDle LMCD the ~y~=ny_pro=essional staff ~ocal. governmental ._====cue o= the pro~osed ~--='--~ "= ou=ru also snell ev welfare of residents of~h~ ,-~u3~u upon the health ~_=_~uat? .... ~=~e an~ the surrounding a~e~%~h~ evaluate the project's conforman purpose of this ..... ce with the overall intent and oecu~on, as well as the review criteria for licensing found in Section 2.03. determines that the proposed projec~ Subd. 3.a. If the Board will not be detrimental to the health, safety and welfare of residents of the Lake and the surrounding area, that it is designed for the use and enjoyment of the Lake by the public, and that the project does ccnform with the overall intent and PUrpose of this Section, it may approve a PUD by ordinance, although it shall not be required to do so. b) Ownership. An application for a PUD must be filed by the land owner or JOw~y ~y all.land owners of the ro er · . to the Lake for ~n. tne project is r ~ P ~Y riparian all submissions mus~ De directed to a~pllcation and ~ ~=~=lopment o= the property as a unified whole. In the case of multiple ownership, the approved Final Plan shall be binding on all owners. c) Lake Minnetonka Management Plan Consistency. The proposed PUD shall be consistent with the Lake Minnetonka Management Plan. d) Where these standards conflict with the more. restrictive requirements of state, COunty, and city ordinances the more restrictive standard shall prevail., Subd. 3. Section 1.02 Conditions: Public Pier Standards. of this Code, shall be Public piers, as defined by subject to the following a) Public piers shall be constructed and maintained by or for a governmental agency. b) Public piers shall have a legitimate public PUrpose and provide public access to and from the Lake as determined by the Board. c) Ail applicable licensing requirements, as outlined in Section 2.03 of this Code, shall be satisfactorily met. d) In exercising its discretion in granting or denying licenses, the Board shall consider, among other things, the review criteria outlined in Section 2.03, Subd. 3.a. of this Code. 2 t exceed the provisions of Section ^~ D~hlic pier widths th? ...... 4~ed to accommodate ~ .~ =%~hJ.--l~ ~f this Cod? ~nal}._~e_~%~-observation decks, congregate areas =u~ ~ .... ~- shelters, fishing pmers and walkway areas, but under no circumstance shall any part of a public pier exceed sixteen (16) feet in width. f) No portion of the public pier deck structure shall be below the minimum elevation of 931.5 feet (floodplain elevation). g) De-icing for public piers, if required for maintenance purposes, shall be in accordance with Section 2.09 of this code. A de-icing plan would be required for approval. h) Ail lighting associated with public piers shall comply with the provisions of this Code. i) No portion of any public pier shall extend more than one hundred (100) feet into the Lake. j) Special event use of a public pier shall be subject to approval by the applicable local governmental units. k) Transient use of a public pier by watercraft shall be limited to those locations specified as part of the PUD ordinance. 1) At least one boat storage unit shall be reserved on a public pier for emergency and maintenance purposes. m) Overnight boat storage is not allowed at any location on a public pier. n) Shelters may be erected upon the public pier upon approval by the applicable governmental unit~, such facilities shall serve the purpose of providing public pmer users cover from the elements and shall comply with applicable local governmental ordinances. Shelter design shall comply as follows: 1) A shelter shall be no more than one (1) story and not be enclosed on any side. 2) The height of the shelter from the deck of the public pier to the top of the cornice of a flat or mansard roof shall not exceed twelve (12) feet and to the highest gable on a pitched or hipped roof shall not exceed sixteen (16) feet. No more than five (5) percent of the total surface area of the public pier shall be covered by shelter structures. 3 o) Ail signage erected on a public pier shall be for identification purposes including non-commercial directory, information or other signa~e necessary to protect the health, safety and welfare of those utilizing the facility. The signage plan for a public pier shall be subject to approval by the applicable local governmental units. P) All public piers shall comply with provisions of the American Disability Act. q) Public piers proposed within or adjacent to wetland areas shall comply with all provisions of the Wetland Conservation Act of 1991 and shall be subject to ~overnmental units, approval by the applicable local r) Public piers shall be designed so as not to limit authorized construction or legitimate use on or within the lake for adjacent riparian property owners. Public pier setbacks shall conform to the requirements specified in Section 2.01, Subd. 2.b. of this Code. In no case shall a public pier setback be less than thirty (30) feet from multiple dock use areas or sixty (60) feet from non-multiple dock use areas. Subd. 4. Concept Plan. a) Application Procedure. l) As the first step in the application procedure for a PUD Permit, an applicant shall complete and submit to the LMCD an application for concept approval, together with a fee in the amount established by resolution of the Board plus an additional deposit in an amount established by resolution of the Board to cover legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District. The Board shall approve all expenses charged against the deposit and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the deposit. Fees shall not be refunded at any time after the processing of the application has been commenced. The applicant shall submit with this application such information as is required by the Board and such other information as deemed necessary to explain the general intent of the application. Should concept approval be granted for a PUD project, this approval in no way shall bind the 4 Board to subsequent approval of a General Plan of Development- 2) Once an application for concept approval is complete, the Executive Director of the LMCD shall refer it to the appropriate LMCD committee for a public hearing. Notice of said hearing shall be published in the official newspaper at least ten (10) days prior to the hearing. All property owners within three hundred fifty (350) feet (public right-of-waY shall not be included in such measurement) of the subject property shall be notified of this hearing, as listed in the records of the applicable County or City Assessor, although the failure of any property owner to receive such notification shall not invalidate the proceedings- Notification shall be by mail to all such proper~y owners, shall be given at least ten (10) days ~n advance of the hearing, and may include a larger geographic area if deemed advisable by the Executive Director- f development submitted for a PUD b) The Concept Plan o ..... ~ but not limited to the which information shall be submitted tOLMcD project shall include as app£1ca~=, . the following information, LMCD office before the first day of the preceding month of Committee hearing. 1) General information. a) The landowner's name and address and their interest in the subject property. b) The applicant's name and address if different from the landowner- c) Evidence that applicant has sufficient control over the subject property to effectuate the proposed PUD including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject an up-to-date property and including certificate of title, abstract of title, or registered property report, and such other evidence as the LMCD Attorney may require to show the status of title or control of the subject property. 2) Present Status. a) Address and legal description of subject property. 3) 4) b) Existing zoning classification and present use of subject property and all lands within three hundred fifty (350) feet of subject property· c) A map depicting existing development of subject property and all land and orientation to the Lake within three hundred fifty (350) feet thereof and locations of xlstlng e ' ' streets, property lines, easements, and any existing, permanent or seasonal structures within the Lake within three hundred fifty (350) feet of the subject property. A written statement generally describing the proposed PUD and the use which serve The stat - it is intended to · emen= is also to demonstrate the proposed PUD's relationship to the Lake Minnetonka Management Program and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of the Lake in accordance with the applicable regulations of the LMCD· Site Conditions. Graphic reproductions of the existing conditiors of the site at a scale of not less than one (1) inch equals thirty (30) feet. a) ~ntgurs - minimum two (2) foot intervals of une lakeshore including the elevation of 929.4 feet (ordinary high water). Location, type and extent of shoreline tree cover and aquatic vegetation. Water depths for areas impacted by the proposed structure. Slope analysis. Location and extent of the Lake, other water bodies, wetlands and streams and floodplains within three hundred fifty (350) feet of the subject property. Existing drainage patterns· Vistas and significant views· Soil conditions as they affect development. b) c) d) e) f) h) Ail of the graphics should be the same scale as the final plan to allow each cross reference. The use of overlays is recommended for clear reference. 5) Schematic drawings of the proposed development concept. ' be constructed in stages during When the PUD ~s t.o ..... ~n beyond a singl~ 6) a period of time _u~~ for'the developmenu construction season, a ~u~=~ of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total pUD public space and structures/units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage. 7) A statement or plan describing the provision that is to be made for the care and maintenance of the facility. 8) General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD- 9) schematic utilities plans indicating any adjacent water lines, sanitary and storm sewers. 10) The Executive Director may excuse an applicant from submitting any specific item of information or document required in this stage, which it finds to be unnecessary to the consideration of the specific proposal for PUD approval. 11) The ExecutiVe Director maY require the submission of any additional information or documentation which it maY find necessary or appropriate to full consideration of the proposed PUD or any aspect or stage thereof. 12) Action by the Applicable LMCD Committee- The LMCD Committee ~hall hold the public a) hearing on an application for concept approval at its first regular meeting following appropriate legal notice as outlined above. The petitioner and/or their representative shall appear before the LMCD committee at this hearing to answer questions regarding the proposed project. 7 13) b) Within ninety (90) days following the public hearing on any such application, the LMCD Committee shall forward a report on the application to the Board, and it shall recommend apprcval of the application as submitted, approval of the application subject to certain modifications or conditions therein, or disapproval of the application. If no action on an application is t LMCD Committee withi- -~ - . aken by the ~ n~nety (90) days, and there has been no delay caused or requested by the applicant, the application shall be forwarded to the Board without comment. c) Within the permitted period of time while an application is under consideration by the LMCD Committee an applicant shall be allowed to make such amendments to the proposal as are requested by the LMCD staff or the LMCD Committee or as the applicant may desire to effect. An applicant may request a delay in the proceedings before the LMCD Committee in order to modify or amend the proposal, but in no event shall any such delay continue the proceedings for a period greater than one hundred twenty (120) days from the date of the initial public hearing thereon. Action by the Board. a) Once an application under this Article has been forwarded to the Board, the applicant shall present the proposal before the Board in an open meeting, and questions or comments on the application shall be allowed from any person required to be notified of the application or claiming to have an interest therein. If in the Board's opinion a proposal has been substantially amended in proceedings before the LMCD Committee the Board may hold a new public hearing on the application. Within ninety (90) days of its initial meeting on an application, the Board shall approve the application as originally submitted or as amended, shall approve the application with certain modifications or conditions therein, shall deny the application, shall request amendment of the application, shall refer the application back to the applicable LMCD Committee for further review. At this time, the Board also shall indicate the controlling 8 b) standards to be used in further evaluation and planning of the project, in accordance with this Section. If an application is referred back to the LMCD Committee, final Board action thereon shall be taken within ninety (90) days of the date of referral. The affirmative vote of a majority of the full Board shall be required for approval of a Concept Plan. Subd. 5. General Plan of Development- . e t a Droval of a PUD project h~s If a request fer c~nc ~__~P ~ the next step !n a) been approved byqt~ %%~%~ant shall submit to LMCD a ~enera~ = ...... ether wit~ a ~= project as of Board plus .an of the Board to cover legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District- The Board shall approve all expenses charged against the deposit and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the deposit. Fees shall not be refunded at any time after the processing of the application has been commenced. b) A General Plan of Development for the proposed project shall be submitted within six (6) months of approval of the concept plan unless a time extension is approved by the Board. c) The General Plan of Development stage submissions should e roDosed implementations of the depict and outline %h ~=i ~,~ information from the Concept Plan stage ~or un= =~ Concept Plan stage may be included for backgroun~ an~ provide a basis for the submitted plan. The General Plan of Development stage submissions shall include but not be limited to: 1) Development plans, drawn to scale of not less than one (1) inch equals thirty (30) feet containing at least the following information: a) Proposed name of the development- b) Property boundary lines and dimensions of the property and any significant topographical or physical features of the property including 9 2) 3) 4) 6) 7) c) d) e) g) the ordinary high water elevation of 929.4 feet. f) The location, size, use arrangement and height of structures on a public pier shall be shown at a scale of one-eighth (1/8) inch equals one (1) foot or greater. Location, dimensions of all circulation elements including bike and pedestrian. The location, use and size of structures and other land uses on adjacent properties. A detailed plan illuminating size, location and structural specifications for exterior signing and lighting on the dock structure and on land. Any other information that may have been required by the LMCD staff, applicable LMCD Committee or Board in conjunction with the approval of the General Concept Plan. A plan for law enforcement including responsibility of each entity involved. Solid trash disposal procedures and provisions. . Environmental Assessment ~run~tal Impact Statement an~'~~~ .or =- ~ ~y =x~e wazersneG District, Department of Natural Resources, Soil Conservation Service, or any other agenc,, with review authority clearly illustrating environmental or erosion control measures to be used during construction and as permanent measures. A draft PUD Ordinance listing all conditions and plans for review and approval by the Board. A statement summarizing all changes, which have been made in any document, plan data' or information previously submitted, together with revised copies of such document, plan or data. Such other and further information as the LMCD staff, LMCD Committee, or Board shall find necessary to a full consideration of the entire proposed pUD or any stage thereof. 10 d) 8) The Executive Director may excuse an applicant from submitting any specific item of information or document required in this Section which it finds to be unnecessarY to the consideration of the specific proposal for PUD approval. Once an application for a General Plan of Development is complete, the Executive Director shall refer it to the LMCD committee for a public hearing. 1) Action by the Applicable LMCD Committee. a) The LMCD Committee shall hold the public hearing on an application for General Plan of Development a~proval at its first regular meeting following appropriate legal notice, as outlined above. The petitioner and/or their representative shall appear before the LMCD committee at this hearing to answer questions regarding the proposed project. b) within ninety (90) days following the public hearing on any such application, the LMCD committee shall forward a report on the application to the Board, and it shall recommend approval of the application as submitted, approval of the application subject to certain modifications or conditions therein, or disapproval of the application- If no action on an application is taken by the LMCD Committee within ninety (90) days, and there has been no delay caused or requested by the applicant, the application shall be forwarded to the Board without comment. · the permitted period of time while an c) within -. ...... nsideration by the LMCD application is unu=z ~ Committee an applicant shall be allowed to make such amendments to the proposal as are requested by the LMCD staff or the LMCD .Committee or as the applicant maY desire to effect. An applicant may request a delay in the proceedings before the bMCD Committee in order to modify or amend the prop°sal' but in no event shall any such delay continue the proceedings for a period greater than one hundred twenty (120) days from the date of the initial public hearing thereon- 11 Action by the Board. a) b) c) Once an application under this Article has been forwarded to the Board, the applicant shall present the proposal before the Board in an open meeting, and questions or comments on the application shall be allowed from any person required to be notified of the application or claiming to have an interest therein. If in the Board,s opinion a proposal has been substantially amended in proceedings before the LMCD Committee, the Board may hold a new public hearing on the application. Within ninety (90) days of its initial on an application, the Board meeting shall approve the application as originally submitted or as amended, shall approve the application with certain modifications or conditions therein, shall deny the application, shall request amendment of the application, shall refer the apPlication back to the applicable LMCD Committee for further review. At this time, the Board also shall indicate the controlling standards to be used in further evaluation and planning of the project, in accordance with this Section. If an application is referred back to the LMCD Committee, final Board action thereon shall be taken within ninety (90) days of the date of referral. The affirmative vote of a majority of the full Board shall be required for approval of a General Plan of Development and shall have the full force and effect of PUD Ordinance approval. The affirmative vote of a majority of the entire Board shall be required for approval of a multiple dock license as regulated by Section 2.03 to be approved concurrently with a PUD Ordinance. All provisions of Section 2.03 or as may be allowed in the pUD Ordinance shall be followed in granting a license for a PUD project. Subd. 6. Final Plan Stage. After approval of a Concept Plan for the PUD and approval of a General Plan of Development Plan for all or a section of the proposed puD, the applicant will submit the following material for review by the LMCD staff prior to issuance of licenses. 12 a) Establishment and activation of any entity that is to be responsible for the management, maintenance, and law enforcement for any public or service facility. or federal b) Written approval by any local, state are required authorities and privately held entities that for construction of a the proposed project. c) All certificates, seals and signatures required for the recording of documents. · al construction drawings of all structures and d) ~nrovements certified by a State of Minnesota registered ~mp professional in an applicable discipline- ents or specifications necessarY ther plan, agreem . _ ~ ~w~osed construction- e) Any ~e LMCD staff to ~e~Wn~%i~V~he Minnesota State for All work must be in conzorm~ uniform Building Code. subd. 7. Amendment of a PUD ordinance. . _. Lion · An deviation or moair~cau from the terms or con~l~lons '~n~l o~inance An app£1cau~u~ ~ · an amendment o~ t~e ~R~t~'~ance s~e~ifying the proposed requ~_~ ~ he origina~ =u~ ~" , =tO the LMCD, t~h~r amenumu~ ~_t ' shall be ~ubmltted __ ' ormatlon ~s 'ance or alteration_ . b Board and such lnf var~ _ --~ ~ it ~stabllshe~ Y ~-~-~ ~ ms neces~ wit~ a zee ~ ~os t~e app~u~ ~ee is required by the LMCD or as The applicant also shall pay, as an fully explain the application. additional fee, any consulting expenses which are incurred by the LMCD in review of the application- b) Action by the LMCD Committee and Board. The same review procedure by the LMCD Committee and Board shall be followed for an · followed with respect to the amendment of_a P_U?,O~tn%%tt~n~s in Subd. 4. The affirmative a licant'S Co~cep~ ==_ ~,,~ ~nard shall be required for approval ~e of a majority oi un= = of an amendment of a PUD Ordinance. Subd. 8. General Requirements- .' Director shall maintain a ~ecord _, o=en ds The Execut~v~ .... ~ ~ din~ information on permitted uses,. g-J e Board, and such a p~u3.=~- :~k~sed on a pro]ecu .m~ ~t-_ ~ annropriate- condltlons ~F~=_ ~==~tive Director may == .... information as un= ~ b) withdrawal of an Application- Any application under this Section may be withdrawn by an applicant without prejudice at any time prior to final Board action thereon. 13 of an~)app~lp~%~ PUD Ordinance. Physical implement · P 3 t must b ' . . ation following Board a~roval A~ .... ~g~n ~lthln twelve (12 u~less in ~ranti~=,,~ ~ ~n~. ~UD urdinance for ~l~ferent ~eriod ~ %~ ~_°rGl~ance.the Board sh~==s~3)~t~ initiate project im~--2~t~f Pr°3e~t implementation ~=~,=n~aulon within the ~_~_ a~m~w~=u= time perioG automatically shall cancel the pUD Ordinance for a project unless an extension of said Ordinance is approved by the Board prior to the date of cancellation. An existing pUD Ordinance shall be cancelled if any action by the Board shall occur which supersedes the ordinance. ~ d) .Qualifications of an Applicant. Any application ~tlo~ shall be made only b,- th ..... ' under u¥=reu in the aoolica '~ ~, ~ .... ~ =. 3w~.er ~o= the pro~ert~ == tl~.~ ~ ~ = uu~y autnorlze~ representa provided, that an option-holder or a contract-holder also however, ire may submit such an application if it is accomplished by a fully executed agreement or document from the property owner stating no objections to the proposed project and that they are in fact joining in said application. e) % Su ns? of Building Permits. ollowi Board of a =tm ur~nance ~ =~ ...... ng approval by the an_ ~mm~u=m±e ±~censes and any applicable approvals of the local units of government, the Building Official of the applicable local governmental unit shall issue a building permit for the proposed structures within a pUD project in compliance with this Ordinance and the provisions of the Uniform Building Code as they apply to a request. f) Maintenance. Maintenance of the facility shall be consistent with the approved maintenance plan Ordinance. specified in the pUD g) Compliance with Overall Plan. Following Final Plan approval of a PUD, or a stage thereof and construction of the project, the PUD project shall be subject to the yearly licensing procedures for multiple docks specified in Section 2.03 of the Code. If the Executive Director finds that development is not proceeding in accordance with the approved schedule, or after its completion if it fails in any other respect to comply with the pUD Ordinance or license as finally approved, the Board and the affected local unit of government shall be notified immediately. Within thirty (30) days of such notice, the Board shall either by ordinance or resolution as may be applicable, revoke the PUD and license and the project shall thereafter be governed by the LMCD Code regulations, or shall take such s' ~ps as it shall deem necessary to compel compliance with the PUD Ordinance and license as approved; or shall require the applicant to seek amendment of the pud Ordinance or license. 14 provisions of the LMCD h) ComQliance with LMCD Code. Ail regulated code shall ap~ly to the PUD project except to the extent in the specific PUD Ordinance approval for the project. · is anticipated that in the future, il No Vested Right. _ I~ ~ T.MmD tO attempt to make an :~ ~=J become necessary ~or ~=--~'~~~e dock, mooring area, ~l~%ion or app~rti%,n~_~n~~%~ facility privi~g~.~ 5 .... wcial dock, lakewal~, =~-~- =-~= in order to avolu ~' .....~ '- the Lake, on an eqU. %~le m=~'~' d ~n order to balance and w~th~n .... ,~ ~r Dort~ons thereof ~n ~- ~ to ~ve the many ~onfllC_.~9~=~ the license does not ?re% e YMoD may notice to l~c ato actions Y . - '~t future regul ry .... :~*-, for which the riohts aha u~ .... ~~inuin~ t~e zaum~; its face un== ~"T.ii .... ~ ~eculations a~opueu m~ future density pollcz=~ =,~ - = ~ This enactment is in effect from and after its passage and publication in accordance with the enabling act of the district. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. day of ADOPTED by the LMCD Board of Directors this _ -- 1994. ATTEST: Secretary 15 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION NOVEMBER 14, 1994 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Bill Voss, Jerry Clapsaddle, and Mark Hanus, Building Official Jon Sutherland and Secretary Peggy James. Absent and excused were: Council Representative Liz Jensen, Commissioners Frank Weiland, Lisa Crum, and Ed Surko. The following people were also in attendance: Denis Bailey, Doug Kraay, Brad Blazevic, Wanda Martens, Dave Willette, and Daryl Frederickson. MINUTES The Planning Commission Minutes of October 24, 1994 were presented for approval. Hanus noted that Weiland made the motion to approve the minutes, and he was the second. MOTION made by Mueller, seconded by Clapsaddle to approve the Planning Commission Minutes of October 24, 1994 as amended. Motion carried unanimously. CASE #94-72: .BR__A_DLEY T. BLAZEVIC, 1871 SHOREWOOD LANE LOT 2 BLOCK 12 SHADYWOOD POINT PID #18-117-23 23 0061. VARIANCE FOR ENTRY DECK. Building Official, Jon Sutherland, reviewed the staff report. The applicant is seeking variances to recognize several nonconforming conditions in order to construct a covered deck/entry addition on the front street side of the dwelling. This proposal is smaller in size than what was previously approved by Resolution #92-75. After the 1992 resolution was approved, the applicant obtained a building permit to complete the work. A building permit refund was subsequently requested and issued on October 28, 1992 as the applicant stated he had unforeseen circumstances and was unable to proceed. On September 8, 1994, the city received a complaint that work was in progress at the above address without the required permits. A site inspection was made and a stop work order was issued. Upon review of Resolution #92-75, it was noted a permit for this work could not be issued without prior City Council approval. The shed on the lake side has been moved, however, it is still nonconforming to lake setback and floodplain elevation. The applicant is seeking variances to the existing conditions as listed below: ~ ~ Variance Side NW, House 3.5' 6' 2.5' Front, Der. Garage 1.5' 20' 18.5' Side, Shed 4' +/- 4' none Lake, Shed 25' +/- 50' 25' +/- verify Floodplain, Shed verify Min. 933 ? Elevation Planning Commission Minutes November 14, 1994 Since the approval of Resolution #92-75, the Shoreland Management Ordinance has been adopted that requires a 50' setback to the ordinary high water and screening of some kind from the lake. Staff recommended the Planning Commission recommend approval of a variance to recognize the existing nonconforming house and garage in order to allow construction of a conforming entry addition as shown on the attached survey, Exhibit A, with the following conditions: 1. The 18.5 foot variance for the existing garage and the 3.5 foot side yard setback to the house are recognized only to facilitate construction of the entryway improvement. This approval shall not confer upon the applicant, the right to improve the existing nonconforming detached garage. Such improvements shall require additional variance approval in the future. 2. The existing storage shed shall be removed or relocated to a conforming 50 foot setback to the ordinary high water prior to issuance of a building permit for the proposed entryway improvement. 3. The shed shall be screened according to the Shoreland Management Ordinance, Section 350:1225,Subd. 3. B. 2. d., as approved by staff. Applicant, Brad Blazevic, explained to the Commission that he did not build the shed, it was there when he bought the house. He has corrected the side yard encroachment, and the shed now has a 5 foot +/- setback from the side lot line. The shed has a concrete floor. There is nowhere else on his property that the shed could be relocated and have a conforming elevation. Relating to the lake setback, he noted there in an indentation of the shoreline that is unusual, and the neighbor on the other side was granted a setback variance to this shoreline for a porch and deck addition. The Commission confirmed that the other neighbors deck is setback 21.6 feet from the water elevation. The Building Official reminded the Commission that a variance to elevation was granted for a shed on Highland Blvd., however this was done prior to the adoption of the Shoreland Management Ordinance. Mr. Blazevic stressed that his house is small and the additional storage space is needed for his lawn mower, snow blower, etc. He stated that it is a nice shed that matches the house, it is not unsightly. Elevation requirements were discussed. Hanus noted that lock boxes are not required to meet the Regulatory Flood Protection Elevation of 933. Hanus is in favor of requiring screening. 2 Planning Commission Minutes November 14, I994 The Commission discussed the setback to the "main body of water". It was noted that the neighbors porch is setback approximately 70 feet to the main body of water, and the subject shed is setback approximately 43 feet. Voss questioned the hardship for the shed. MOTION made by Mueller, seconded by Clapsaddle, to recommend approval of the requested variance, as recommended by staff, with the exception that condition #2 be deleted. Findings of Fact include: Practical difficulty exists because the shed has a poured slab. The applicant has made an effort to meet the criteria outlined in Resolution #92-75 in that he has moved the shed to meet the side yard setback. The setback variance to the "main body of water" is minimal at approximately 7 feet. There is no reasonable place on the lot that the shed could be relocated and not be in the floodplain. The site is unique due to the inlet of water on the adjacent city property. It is also recommended that the following conditions be included: 5. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1}. This shall be considered a restriction on how this property may be used. 6. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The Building Official commented that he would not require an updated survey, that there is enough information available to determine the elevation of the shed and the lake setback to the shed. MOTION carried 4 to 1. Those in favor were: Mueller, Clapsaddle, Michael, and Hanus. ross opposed. 3 November 14, 1994 Planning Commission Minutes Voss commented that he does not see that there is a minimum hardship for the shed. This case will be reviewed by the City Council on November 22, 1994. CASE #94-73: HENNEPIN COUNTY 'DENI~ BAILEY~ AND DOUG KRAAY 4977 WlLSHIRE BLVD. VACANT LOT LOT S BLOCK 18 WYCHWOOD PID #24-117-24 14 0068. VARIANCE TO FENCE HEIGHT. Building Official, Jon Sutherland, reviewed the City Planner's Report. Hennepin County is seeking an after the fact variance for the height of a fence that was installed in August adiacent to the Emerald Lake channel. City Code limits fences within 50 feet of the lake to 3 feet in height. The fence installed by Hennepin County is a six foot high chain link fence. Because of topography and vegetation in the area, the fence is not readily visible from Wilshire Blvd. The fence is installed across both the County right-of-way and on private property, it is located perpendicular to the retaining wall, is approximately 15 feet long, and has a locked gate. The sole purpose of the fence is to prohibit pedestrian access to the County right-of-way and , · hr-of-way includes a strip of land · err . Hennepin County s rig County's ad'acent privately own.e.d prop Y ..... ,,A,=v nnd bridoe. The land between the a~Jproximately 8 feet wlae, parallel to property and the lake is privately owned. The public and private land, now blocked by the fence, has been a frequently used fishing site. Hennepin County generally has a policy that allows fishing from public right-of-ways. This area has been a source of problems for a number of years, principally pertaining to litter and trespassing on private property. Hennepin County is seeking a three foot variance for the installed 6 foot high chain link fence. From their experience, a six foot high fence is necessary to reasonably control access to the property. The County's installation of the fence perpendicular to the wall is the least visually obtrusive of the two fencing options considered. Short of anyone identifying a workable solution to the litter and trespassing problems, approval of the fence height variance allowing the six foot high fence seems to be the only viable alternative. Clapsaddle clarified that the only issue at hand is the height of the fence. The Commission reviewed previous fence height variance requests, and recalled that no other variances have been granted for fences within 50 feet of the lake other than one which was for a dog kennel which was only 45 feet from the lake and there were other special circumstances. Doug Kraay, owner of the lakeshore abutting the County property, explained to the Commission the problems they had with litter and trespassing. In his opinion, the reason for the fence height restriction is sight, and this fence cannot be seen from the road. 4 I il,, Planning Commission Minutes November 14, 1994 The Building Official clarified that the view from the lake is also a consideration. Daryl Frederickson, resident of Mound, explained to the Commission that he has been fishing in this area for years. He questioned why the abutting owner, Doug Kraay, is the only person that has access to the property. He also complained that the taxpayers are paying for a fence located on private property. Denis Bailey replied that the fence actually saves taxpayer's money because they do not have to pay to pick-up the litter every week, and the present location of the fence is a better option than installing 200 feet or more of fencing. He stressed that this was the most cost effective solution to attempt to correct the problems. Bailey confirmed that this is a unique case where a private property owner has exclusive access to County property. It was noted that the fishermen's issue is with the County. Voss suggested that citizens express their objections to the County Board. MOTION made by Clapsaddle, seconded by Mueller, to recommend denial of the fence height variance request. Hanus suggested tabling the request. The Commission reiterated that the issue they are reviewing is the height of the fence, not who should, or should not, be allowed to access the property. Clapsaddle commented that there is no justifiable hardship to allow a 6 foot fence, and the issues at hand are beyond their authority. MOTION to deny carried 4 to 1. Those in favor were: Clapsaddle, Mueller, Voss, and Hanus. Michael was opposed. CASE #94-74: ~W_A_ND_A MARTENS 4961 BEDFORD ROAD LOT 5 & ELY 10' OF 6 HWOOD_ PID #24-117-2441 014z~ VARIANCE TO LOT AREA FOR NEW Building Official, Jon Sutherland, reviewed the City Planner's Report. The applicant is requesting a lot size variance of 1,840 square feet, to the required 6,000 square feet. The existing undersized dwelling is proposed to be removed and replaced with a new structure. Because of grades in the area, the existing home has a massive retaining wall along the existing curb line that incorporates an off-street parking stall. This lot is classified as a lot of record, therefore, it is subject to corresponding setbacks and hardcover limitations. With the exception of lot area, all aspects of the proposal are conforming. The total amount of hardcover (31%) is slightly above the limitation for non-lots of record and easily within the 40% used for lots of record. Staff recommended the Planning Commission recommend approval of the lot area variance of 1,840 square feet to allow construction of the proposed home in accordance with the following conditions: 5 Planning Commission Minutes November 14, I994 1. Due to the steep topography of the existing lot, prior to construction, the owner and builder shall install erosion control measures adequate to retain all silt from storm water runoff on the subject lot. 2. As applicable, the owner shall comply with the provisions found in Section 330:1225, Subd. 6.B. of the Mound City Code. MOTION made by Hanus, seconded by Voss to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case will be reviewed by the City Council on November 22, 1994. MOTION made by Voss, seconded by Clapsaddle, to adjourn the meeting at 9:15 p.m. Motion carried unanimously. Chair, Geoff Michael Attest:~ 6