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1996-04-09 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, APRIL 9, 1996, 7:30 P.M. CITY COUNCIL CHAMBERS PAGE o o PLEDGE OF ALLEGIANCE ........................................... APPROVE THE MINUTES OF THE MARCH 26, 1996 REGULAR CITY COUNCIL MEETING .......................... 1049-1053 PUBLIC HEARING: CASE 96-09: CHRISTINE VALERIUS FOR BRICKLEY'S MARKET, 2242 COMMERCE BLVD., PART OF LOTS 4 -46, KOEHLER'S ADDITION TO MOUND, PID 13-117-24 33 0073. CONDITIONAL USE PERMIT FOR DRIVE-IN BUSINESS ............. 1054-1087 CASE 96-10: RICHARD MCCARTHY, 4877 HANOVER ROAD, LOTS 9, 10, & 3' OF 8, BLOCK 16, DEVON, PID 25-117-24 11 0148. VARIANCE FOR GARAGE ................................... 1088-1101 PRESENTATION OF A PLAN FOR IMPLEMENTING COMMONS TASK FORCE RECOMMENDATIONS IN THE AREA OF PEMBROKE PARK/DEVON COMMONS - MARK GOLDBERG, COMMONS TASK FORCE CHAIR ................. 1102 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ............... SET PUBLIC HEARING TO CONSIDER THE VACATION OF 12' WIDE PLATTED RIGHT-OF-WAY LOCATED IN BLOCK 2, SHIRLEY HILLS UNIT A (ADJACENT TO 4873 SHORELINE DRIVE) SUGGESTED DATE: MAY 14, 1996 ................................ 1103 APPROVAL OF PERMITS RE: 1996 MOUND CITY DAYS, NORTHWEST TONKA LIONS AND MOHAWK JAYCEES, JUNE 14-16, 1996 ............ 1104 1047 10. 11. LICENSE RENEWALS: GAMEs OF SKILL, POOL, ~/~'~{/ BOWLING, AMUSEMENT DEVICE AND RESTAURANT.~v ................. 1105 PAYMENT OF BILLS ...................................... 1106-1122 INFORMATION/MISCELLANEOUS: DEPARTMENT HEAD MONTHLY REPORTS FOR MARCH, 1996 .......................... 1123-1151 B. LMCD REPRESENTATIVE'S MONTHLY REPORT ............ 1152-1153 Co Eo PLANNING COMMISSION MINUTES OF MARCH 25, 1996 ................................. 1154-1163 ECONOMIC DEVELOPMENT COMMISSION MINUTES OF MARCH 21, 1996 ............................. 1164 MEMO FROM SENATOR GEN OLSON RE: PROPERTY TAX FREEZE ................................. 1165 FLYER FOR SPPECIAL RECYCLING DAY SATURDAY, APRIL 27, 1996 ................................ 1166 REMINDER: ANNUAL PARKS TOUR, TUESDAY, APRIL 30, 1996, 6:30 PM ............................... REMINDER: COMMITTEE OF THE WHOLE MEETING IS SCHEDULED FOR TUESDAY, APRIL 16, 1996, 7:30 PM ............................../:/~. :,...~,~. REMINDER: ANNUAL BOARD OF REVIEW i '~,~ IS SCHEDULED FOR TUESDAY, APRIL 23, 1996, ,. ~ 7:00 PM (NOTE: THIS IS PRIOR TO THE REGULAR MEETING)..~ . .~i DEADLINE FOR THE WOODLAND POINT MEDIATION PROCESS HAS BEEN EXTENDED. FINAL MEETING IS SCHEDULED FOR WEDNESDAY, APRIL 17, 1996. RECOMMENDATIONS WILL BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION AT THE APRIL 23, 1996 CITY COUNCIL MEETING. DEADLINE FOR APPEALING THE FLACK V. CITY OF MOUND LAWSUIT IS APRIL 30, 1996 ............................................... 1048 MINUTES - MOUND CITY COUNCIL - MARCH 26, 1996 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 26, 1996, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Acting Mayor Mark Hanus, Councilmembers Andrea Ahrens, Liz Jensen. Absent and excused: Mayor Polston and Councilmember Jessen. Also present were: City Manager Ed Shukle, City Attorney John Dean, Building Inspector Jon Sutherland and Acting City Clerk Linda Strong. The following interested citizens were also present: Tony and Jennifer Palesotti, Steve Bedell. Acting Mayor Hanus opened the meeting. The Pledge of Allegiance was recited. 1.0 APPROVE THE MINUTES OF MARCH 12, 1996 REGULAR MEETING MOTION by Jensen, seconded by Ahrens, and carried unanimously to approve the Minutes of the March 12, 1996 Regular meeting. 1.1 CASE 96-06: ANTHONY AND JENNIFER PALESOTTI, 1969 LAKESIDE LANE, LOT 3, BLOCK 11, SHADYWOOD POINT, PID 18-117-23- 23 0049. VARIANCE FOR ADDITION. Building Official Jon Suthefland stated the applicants have applied for a variance to recognize the existing nonconforming dwelling and boathouse in order to construct a conforming addition on the lake side of the dwelling and a conforming entry deck on the street side of the dwelling. He also stated that the lowest floor of the boathouse is above the minimum building elevation of 933'. This was new information since the Planning Commission meeting of 3-25-96. The boathouse is within the 50' lakeshore setback. He had spoken with the DNR and they suggested screening the boathouse and did not enforce the removal of the boathouse. Discussion dealt with the difficulty in moving the boathouse on the property. Damage to a large tree and blocked views would be created. Councilmember Hanus presented a revised resolution and asked the Council and Staff to read it. Councilmember Hanus moved and Councilmember Ahrens seconded the following revised resolution: RESOLUTION//96-30 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 1969 LAKESIDE LANE, LOT 3, BLOCK 11, SHADYWOOD POINT, PID//18-117-23 23 0049, P&Z//96-06 Councilmember Jensen questioned the size of the boathouse that was within the 50' lake side setback. It is 320 square feet and the minimum shed size is 120 square feet. This boathouse 104q Minutes - Mound City Council March 26, 1996 has been there for some time, but it is in good condition. It was suggested that the applicant screen the boathouse from the lake. Jensen stressed the City's policy to remove nonconforming lake encroachment structures. The vote was called, the resolution carried 2-1, Jensen voting nay. 1.2 CASE 96-08: JESSE ERICKSON, 2031 BELLAIRE LANE, LQT 64 & N % OF 65 & 67, MOUND ADDITION, PID 14-117-24 41 0036, VARIANCE FOR GARAGE. Building Official Jon Sutherland stated the owner has applied for a variance to recognize an existing nonconforming front yard setback of 18.5' to allow construction of a conforming 24' x 22' detached garage. Staff and Planning Commission recommend approval. Councilmember Jensen mentioned that this property faces two streets creating a hardship. Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution: RESOLUTION//96-31 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 2031 BELLAIRE LANE ALL OF LOT 64 & N. 1/2 OF LOTS 65 & 67, MOUND ADDITION, PID 14-117-24 41 0036, P&Z//96-08. The vote carried 3-0. Resolution carried. 1.3 RESOLUTION CONFIRMING ABUTTING STATUS OF PROPERTY LOT 1, BLOCK 31, SETON. City Attorney, John Dean, stated he had learned the property south of the Excelsior vacation line is in private ownership, a setback requirement of the LMCD kicks in which requires a 15' setback from private property. This means, that the owner of Lot 1 does have a 10' dock use area, but the LMCD regulations do not allow for a dock in the 10' dock use area as it is too close to the private property to the south. He stated the resolution changes as follows: under Findings #3, "The south line of the Excelsior Road Commons is also the North line of the vacated Excelsior Road as shown on Exhibit A; and is designated as point 32370 on the City's dock location map.~ He went on to say he added to the resolution under Conclusions #3, "It appears that the entire designated dock location may be within the 15 foot setback required by the regulations of the LMCD. If this is the case, this council directs that efforts be made to provide the owner of Lot 1 with a dock location in close proximity when one becomes vacant and available.~ This is suggesting that perhaps Council might consider granting special consideration to a dock location when one becomes available in the immediate vicinity. The Council agreed to not require current dock holders to be rearranged or bumped. The Conclusion #3 now reads, ~..If this is the case, this council directs that efforts be made to provide the owner 2 Minutes - Mound City Council of Lot 1 with a dock location in immediate proximity." Match 26, 1996 Councilmember Jensen moved and Councilmember Ahrens seconded the following revised and amended resolution: RESOLUTION//96-32 RF_3OLUTION CONFIRMING ABUTTING STATUS OF PROPERTY OF LOT 1, BLOCK 31, SETON, 4700 WILSHIRE BLVD. The vote was unanimously in favor, 3-0. Resolution passed. 1.4 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.5 SET BID OPENING FOR 1996 SEALCOAT PROJECT. SUGGESTED DATE: APRIL 11, 1996, 11:00 AM. MOTION by Ahrens, seconded by Jensen to set April 11, 1996 at 11 am for bid opening for the 1996 Sealcoat Project. Motion carried unanimously. 1.6 LICENSE RENEWAL: "BY THE WAY SNACK SHOP" CIGARETTE AND TRANSIENT MERCHANT Building Official Jon Sutherland stated there had been no complaints regarding congestion or problems from any source during the 1995 boating season regarding Mr. Bedell's Snack Shop on Seton Channel. He has requested a change in the conditions set in Resolution //95-44, regarding the toilet facility be handicapped accessible. Mr. Bedell stated his customers were mainly fishermen and smaller water crafts. He stated that if handicapped boaters were usually on a boat equipped with the necessary facilities for them. Mr. Sutherland stated the toilet was for convenience and he had no employees and he did not need to have a handicapped accessible portable toilet. Councilmember Hanus stated he had been by the snack shop often and commended Mr. Bedell for good management. MOTION by Ahrens, seconded by Jensen, and carried unanimously to approve the renewal of the Transient Merchant and Cigarette License for "By the Way Snack Shop" for the 1996 boating season. Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution: 3 Minutes - Mound City Council March 26, 1996 RESOLUTION//96-33 RESOLUTION TO AME~ RESOLUTION //95-44 APPROVING A TRANSIENT MERCHANT LICENSE WITH CONI)mONS FOR A SEASONAL SNACK SHOP TRAILER AT 4801 SHORELINE DRIVE, SKARP'S EAST LAWN, LOTS 1, 2, & 3, PID//13-117- 24 44 0052. The vote was unanimously in favor, 3-0. Resolution passed. 1.7 LAWFUL GAMBLING APPLICATION CITIZENS FOUNDATION RAFFI.E WF~TONKA SENIOR MOTION by Jensen, seconded by Ahrens and carried unanimously to approve a permit for the Westonka Senior Citizens Foundation to hold a raffle on July 9, 1996. 1.8 PAYMENT OF BILLS. MOTION made by Jensen, seconded by Ahrens to authorize the payment of bills as presented on the pre-list in the amount of $149,823.79, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.9 INFORMATION/MISCELLANEOUS: A. FEBRUARY 1996 FINANCIAL REPORT AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. PLANNING COMMISSION MINUTES OF MARCH 11, 1996. C. PARKS AND OPEN SPACE COMMISSION MINUTES OF MARCH 14, 1996. De INFORMATION FROM THE NATIONAL LEAGUE OF CITIES ON'LC) RE: AMENDMENTS TO NLC BYLAWS. Councilmember Hanus and Ahrens wanted the cities to make decisions, not the board. The entire Council agreed the way the question was presented was very confusing. The City of Mound will vote no on the question. ANNUAL PARKS TOUR IS SCHEDULED FOR TUF3DAY, APRIL 30, 1996. BEGINNING AT 6 PM. DOES THIS FIT YOUR SCHEDULES? Council asked that this be changed to 6:30 PM. 4 Minutes - Mound City Council March 26, 1996 F. INFORMATION FROM GTE RE: GTE'S CAPABILITY TO PROVIDE LONG DISTANCE SERVICE TO ITS CUSTOMERS. Councilmember Ahrens mentioned to the Council the need to consider sun protection and some form of radio communication for the lifeguards this summer at the beaches. This was not discussed during bUdget time when funds were assigned. Consensus was the City Staff will work with the School Staff on this. MOTION by Hanus, seconded by Ahrens and carried unanimously to adjourn the meeting at 8:40 PM. City Manager Attest: Acting City Clerk RESOLUTION #9~- RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN RETAILING ESTABLISHMENT FOR BRICKLEY'S MARKET LOCATED IN THE B-1 CENTRAL BUSINESS DISTRICT AT 2242 COMMERCE BLVD. IN PART OF LOTS 40 - 4~, KOEHLER'S ADDITION TO MOUND PID #13-117-24 33 0073 P&Z CASE WHEREAS, Christine Valerius, owner of Brickley's Market, has applied for a Conditional Use Permit to allow for a Drive-in Retailing Establishment within the B-1 Central Business Zoning District, and; WIt~AS, Mound Zoning Ordinance Section 350:640 Drive-in Retailing Establishments as a conditional use in the B-1 Zone, and; WHEREAS, Bricldey's Market is proposing to add a drive-in window offering coffee and various delicatessen items for sale from the drive-in window, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City Council does hereby approve a conditional use permit for Bricldey's Market to install and operate a drive-in window subject to the following conditions: The conditional use permit for the drive-in window is approved for the sale of beverages, delicatessen items, and convenience groceries only. The sale of any other merchandise requires modification of this conditional use permit. The entrance to the drive-in window shall use the existing curb cut that straddles Lots 40 and 41. New bituminous surfacing shall be added to the entrance area to connect the existing driveway apron with the existing bituminous surfacing along the north side of the building. All areas used as access for the drive-in window shall be either bituminous or concrete surfacing. Resolution #96- Brickle~ 's Market April 9, 1996 Page Two Consistent with the requirements of the Zoning Code, a concrete curb shall be installed along the north side of the drive aisle serving the drive-in window. A plan for the curb showing sufficient spot elevations to assess site drainage shall be prepared and submitted to the City Engineer for approval prior to any construction. Based on the plan, if the City Engineer determines that a curb not work in the area due to grades, the applicant shall install a series of decorative bollards along the edge of the pavement. Bollards shall be minimum size of 8" x 8" and shall be spaced 15 feet on center. 'Th'-~ bituminous suff~cing along the north side of the building including required curbs or bollards shall not be allowed to encroach on the public right-of-way. Existing encroachments shall be removed. The northernmost parking space along the bay of parking in front of the Brickley's Market building shall be removed. Paint stripping on the parking lot surface combined with signage shall identify this location as a "no parking" area. The applicant shall install a bollard-type barrier(s) at the northern end of the sidewalk that runs along the front of the building. A plan for said barrier shall be reviewed and approved by the Building Official prior to any construction. Additionally, the applicant shall paint a crosswalk across the drive aisle delineating a pedestrian connection between the building sidewalk and the sidewalk along Lynwood Boulevard. Signage shall also be placed int he area alerting pedestrians to the location of the drive-in window exiting area. f. The paper box located on the north wall of the building shall be removed. Consistent with the Zoning Code, the applicant shall install a minimum of three deciduous street trees (min. 2-1/2" caliper) in the boulevard area immediately north of the drive-in window drive aisle. h. The status of the monitoring well shall be checked and it shall be verified if it is okay to install bituminous around the well. If it is determined the monitoring well is no longer needed, ~~ be removed. This Conditional Use Permit is granted for the following legally described property: This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Tires 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 ree0?ding has been filed with the City Clerk. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NOT/CE CITY OF MOUND MOUND, MINNESOTA CASE NO. 96-09 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN BUSINESS SERVING FOOD AND BEVERAGES AT 2242 COMMERCE BLVD., PART OF LOTS 40 - 46, KOEHLER'S ADDITION TO MOUND, PID 13-117-24 33 0073 NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesdav, April 9, 1996 to consider the issuance of a conditional use permit for Brickley's Market, located within the B-1 Central Business District, to allow the operation of a drive-in business serving food and beverages at 2242 Commerce Blvd., legally described as follows: Koehler's Addition to Mound. That part of the North 40 feet of Lot 40 and that part of Lots 41 through 46 inclusive lying Southerly of the following described line commencing at the Northeast corner of Lot 40 thence South along the East line of said Lot 40 a distance of 10 feet to the point of beginning thence South 89 degrees 28 minutes 45 seconds West 55.08 feet thence Southwesterly 287.22 feet along a tangential curve concave to the Southeast having a radius of 1,056.48 feet and a central angle of 15 degrees 34 minutes 35 seconds thence South 73 degrees 54 minutes 10 sec"onds West 17.77 feet thence Southwesterly 77.47 feet along a tangential curve concave to the Northwest having a radius of 669.17 feet and a central angle of 6 degrees 38 minutes to the West line of said Lot 45 and there terminating including adjacent part of vacated alley. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. i~gg~'~, 's, ~nnir;g S~cretary Mailed to property owners within 350' by March 28, 1996, an(J-~ublished in "The Laker" on March 30, 1996. 4~ l O~7. 7 · ,il Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. [ll[ [t-4H PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: March 20, 1996 SUBJECT: Conditional Use Permit APPLICANT: Christine Valerius CASE NUMBER: 96-09 HKG FILE NUMBER: 96-5b LOCATION: 2242 Commerce Boulevard EXISTING ZONING: Light Industrial (I-l) COMPREHENSIVE PLAN: Commercial f BACKGROUND: Brickley's Market is proposing to add a drive-in window on the north side of the property. From the new drive-in window, they will offer coffee and various delicatessen items..I~ order to construct the new window, Brickley's Market needs to obtain conditional use permit approval from the City of Mound and the City needs to recognize an existing non-conforming setback e for the building in which the Market is located. Conditional Use Permit: Section 350:67/~ the Mound Zoning Code identifies Drive-In Retailing Establishments as a conditional use in th~ I- 1 ~one. Accordingly, the approval of the permit is subject to the criteria identified in Section 350.LT5~~de. Variance: The initial application did not include a request for a?gariance. The existing building containing Brickley's Market lies approximately 11 feet fi:om~roperty line. The Mound Zoning Code requires a 15 foot side yard setback for all struc~t~Weg~in the Light Industrial zone. Therefore, approval of the subject request will need to include/recognition of a 4'_+ side yard variance. COMMENT: Brickley's Market has submitted a site plan sketch that shows a circulation path for the drive-in window that enters at the rear of the building across an unimproved parking lot/loading 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Planning Report - Bricldey's Market__ March 20, 1996 Page 2 area, passes around a large dumpster enclosure, and then proceeds west along the north side of the existing building. The driveway segment along the building contains existing bituminous surfacing. Based on the plan shown, the drive area has stacking space for 11 vehicles. The proposed driveway presents a number of issues and problems. The entry for the proposed drive passes over Lot 39 which is owned by a property owner who is not part of this application. Lot 40 contains a catch basin which is shown in the middle of the drive area and measures would have to be taken to ensure that appropriate drainage takes place. The proposed plan also results in a large area of new paving. Section 350:760 of the Mound Code of Ordinances requires concrete or bituminous surfacing and concrete curb for all commercial and industrial parking areas and access drives. Since Lots 39 and 40 have a gravel surfacing, the Code requires the installation of bituminous surfacing. As an alternative, the driveway circulation could use the existing curb cut that straddles Lots 40 and 41 as the entry point. The advantage of this location is that it places the entry on the subject property, it avoids the awkward movement of passing around the dumpsters, it avoids the existing catch basin and it requires less new bituminous surfacing. The disadvantage is that it reduces the stacking capacity to six vehicles. Six vehicles, however, is probably adequate for the proposed use. Both the alternative entrance discussed above and the proposed exit curb cut have very tight, but minimally adequate turning radii. Applying the turning radius template for a standard vehicle, it appears possible for a vehicle to enter the site by "hugging" the center line of Lynwood Boulevard and using the entire curb cut area. The exit situation is somewhat tighter for vehicles wishing to exit the site and proceed to the east along Lynwood. If vehicles swing slightly to the south after they leave the drive-in window, they can negotiate the turn without crossing the center line of Lynwood. The exiting pattern also creates some concerns that need to be mitigated. Vehicles leaving the proposed drive-in window cross the sidewalk that abuts the front of the building and then enter the drive aisle between two parking bays in the existing parking lot. This situation creates two concerns. First, some protection needs to be provided for pedestrians on the sidewalk (particularly kids) to keep them from walking directly into the path of exiting vehicles. A barrier of some sort that requires people to walk around it at the end of the sidewalk along with a warrfing sign may reasonably satisfy this concern. The configuration of the existing parking lot also creates sight distance concerns. The head-in parking along the front of the building partially obscures the vision of drivers exiting the drive-in window. Visibility could be enhanced by removing the northernmost parking space along the front of the building. The drive aisle approaching the window follows the north wall of the building. Three items along this wall are of concern. First, a door presently exists on the north side of the building which is probably used for product deliveries. The door swings into the path of oncoming vehicles posing a potential safety problem. Secondly, if the door is used for product deliveries, is there an alternative location for deliveries to occur? Lynwood Boulevard is signed as a no parking area and delivery vehicles will Planning Report - Bricldey's Market._ March 20, 1996 Page 3 not be permitted to park in the street. Third, utility meters are located in an enclosure near the location of the proposed drive-in window. The meters would need to either be protected by an extension of the existing curb along a portion of the building or relocated. The final set of issues pertaining to this request focus on the location of the proposed drive aisle along the north side of the building. According to the survey, part of the existing bituminous surfacing on the north side of the building encroaches onto the public right-of-way for Lynwood Boulevard. The grades in this area are very flat and there is no physical barrier between the drive aisle and the adjacent sidewalk. This creates a situation that is potentially dangerous for pedestrians along the sidewalk. A barrier could be put in place through the installation of a curb along the drive aisle supplemented by landscaping along the boulevard area. RECOMMENDATION: The proposed plan presents a number of issues that can be addressed through physical improvements. Because of the relationship between the drive-in window and the existing parking lot and the close proximity of the drive-in window to the right-of-way of Lynwood Boulevard, safely accommodating pedestrians and vehicle occupants requires improvements that are beyond those proposed by the applicant. Staff recommends that the Planning Commission recommend approval of the conditional use permit and recognition of the existing building setback variance for Brickley's Market to install and operate a drive-in window subject to the following conditions: The conditional use permit for the drive-in window is approved for the sale of beverage and delicatessen items only. The sale of any other merchandise requires modification of this conditional use permit. The entrance to the drive-in window shall use the existing curb cut that straddles Lots 40 and 41. New bituminous surfacing shall he added to the entrance area to connect the existing driveway apron with the existing bituminous surfacing along the north side of the building. All areas used as access for the drive-in window shall be either bituminous or concrete surfacing. Consistent with the requirements of the Zoning Code, a concrete curb shall be installed along the north side of the drive aisle serving the drive-in window. A plan for the curb showing sufficient spot elevations to assess site drainage shall be prepared and submitted to the City Engineer for approval prior to any construction. Based on the plan, if the City Engineer determines that a curb will not work in the area due to grades, the applicant shall install a series of decorative bollards along the edge of the pavement. Bollards shall he a minimum size of 8" x 8" and shall be spaced 15 feet on center. The bituminous surfacing along the north side of the building including required curbs or bollards shall not be allowed to encroach on the public right-of-way. Existing encroachments shall be removed. Planning Report - Bricldey's Market~-- March 20, 1996 Page 4 The northernmost parking space along the bay of parking in front of the Brickley's Market building shall be removed. Paint stripping on the parking lot surface combined with signage shall identify this location as a "no parking" area. 5e The applicant shall install a bollard-type barrier(s) at the northern end of the sidewalk that runs along the front of the building. A plan for said barrier shall be reviewed and approved by the Building Official prior to any construction. Additionally, the applicant shall paint a crosswalk across the drive aisle delineating a pedestrian connection between the building sidewalk and the sidewalk along Lynwood Boulevard. Signage shall also be placed in the area alerting pedestrians to the location of the drive-in window exiting area. 6. Existing utility meters near drive-in window shall be adequately protected. Consistent with the Zoning Code, the applicant shall install a minimum of three deciduous street trees (min. 2V2" caliper) in the boulevard area immediately north of the drive-in window drive aisle. ge Prior to the time that this item is heard by the City Council, the applicant shall prepare and submit a variance application and accompanying fee addressing the required side yard building setback variance. Application for CONDITIONAL USE PERMTr City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Pl.nn£ng commission Date~~Case,~,~ No. ~ City Council Date: .___conditional use ~.=~ F..: $~00.00 Ci=y Planner: ~ . City Engineer: ~]~[J Public Works: Other: Please type or print the following information: INFORMATION LEGAL ~ Plat ~PP~C~NT The a~fi~ant is: ~owner ot~r: OWNER $ · -- applicant) Name ARCHI~CT, SURV~OR, OR Addr~s- ~GINE~ Phone (H) (W) (M) ZONING Circle: R-1 R-1A R-2 R-3 ~ ~2 B-3 D~ICT USE I TO: ~ ~ rev, 12/7/94 C~:Jditional Use Permi~ Application Page 2 EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the co~plet~ the proposed development. Estimated Development Cost of the Project 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. App~cant,s Signature Property'O~ner s si~n/ure rev, 12/7/94 Date Date RECEIVED II I1' · II ' ..~ -II II '11 " I! ' ---- PROPOSED SKETCH PLAN FOR BRICKLEY'S MARKET IN LOTS 39-43, KOEHLERS 2ND ADDITION MOUND, MINNESOTA LYN WOO ,J Note: Existing conditions shown from McCombs Frank Roos drawing dated 11-30-90, rev. 1-30-95. Jla 0 - .3, * ~o--* ~' · ~.'2 = ~ MOUND CITY CODE SECTION 350:770, SUBD. 7. SUbd. 7. Business activities not listed in the definition of service stations in this Ordinance are not permitted on the premises of a service station unless a conditional use permit is obtained specifically for such business. Such activities include but are not limited to the following: (a) automatic car and truck wash; (b) rental of vehicles, equipment, or trailers; and (c) general retail sales. Section 350:775. Drive-in Business Development Standards. The following standards shall apply to drive-in businesses in all districts. Subd. 1. The entire area of any drive-in business shall have a drainage system approved by the city engineer. Subd. 2. The entire area other than that occupied by strUctures or plantings shall be surfaced with a hard surface material which will control dust and drainage. Subd. 3. A fence or screen of acceptable design not over six (6) feet in height or less than four (4) feet shall be constructed along the property line abutting a residential district and such fence or screen shall be adequately maintained. The fence shall not be required in front of the setback line. Subd. 4. General - Drive-in Businesses. Any drive-in business serving food or beverages may also provide, in addition to vehicular service areas, indoor food and beverage service seating area. The hours of operation shall be set forth as a condition of any conditional use permit for drive-in business. Ce Each drive-in business serving food may have outside seating. De Each food or beverage drive-in business shall place refuse receptacles at all exits as well as one (1) refuse receptacle per ten (10) vehicle parking spaces within the parking area. 91 3/15/93 MOUND CITY CODE SECTION 350:775, SUBD. 5. Location - Drive-in Businesses. ae No drive-in business shall be located within four hundred (400) feet of a public or parochial school, church, public recreation area, or any residential district. Be No drive-in business shall be located such that it may increase traffic volumes on nearby residential streets. Ce No drive-in shall be located on any street other than one designated as a thoroughfare or business service road in the Comprehensive Plan. De The design of any structure shall be compatible with other structures in the surrounding area. Ee Electronic devices such as loudspeakers, automobile service order devices, drive-in theater car speakers and similar instruments shall not be located within four hundred (400) feet of any residentially zoned or used property, nor within two hundred (200) feet of any adjacent lot regardless of use of zoning district. Fe No service shall be rendered, deliveries made, or sales conducted within the required front yard; customers served in vehicles shall be parked to the sides and/or rear of the principal structure. Ge No permanent or temporary signs visible from the public street shall be erected without specific approval in the permit. He No plan shall be approved which will in any way constitute a hazard to vehicular or pedestrian circulation. No access drive shall be within fifty (50) feet of intersecting street curb lines. Sub4. 6. In the case of a drive-in theater, a solid fence not less than eight (8) feet in height and extending at least to within two (2) feet of the ground shall be constructed around the property. S%lbd. 7. The lighting shall be designed so as to have no direct source of light visible from the public right-of-way or adjacent land in residential use. 92 3/15/93 November 24, 1992 PROPOSED RESOLUTION #92-151 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE ASSEMBLY/STORAGE OF GLASS AND POTTERY FOR P. HECK DESIGN8 AT 5571 LYNWOOD BLVD., KOEHLER'S ADDITION TO MOUND, PID #13-117-24 33 0073, P&Z CASE #92-066 WHEREAS, An application for Conditional Use Permit has been received from P. Heck Designs to allow the design and manufacturing of artwear (jewelry) at 5571 Lynwood Blvd. (Mueller- Lansing Properties), and; WHEREAS, The manufacturing process involves the shaping of porcelain clay which is then air dried and fired in a kiln. Upon assembly, the products are packaged and shipped via UPS, and; WHEREAS, The subject property is located in the I-1 zoning district, and; WHEREAS, The proposed operation is not expected to generate any significant noise or odors that would negatively impact either other businesses within the Mueller-Lansing building or adjacent land uses. Adequate parking and open space areas exist at the rear of the structure to accommodate employee parking, customer parking and deliveries, and; WHEREAS, The Planning Commission has reviewed the application and unanimously recommended approval as the proposed use is consistent with the mound Zoning Code and is not expected to negatively impact any surrounding businesses or land uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: The City Council approves the Conditional Use Permit for P. Heck Designs to allow the assembly/storage of glass and pottery to manufacture and design jewelry at 5571 Lynwood Blvd. This Conditional Use Permit is granted for the following legally described property: Koehler's Addition to Mound. That part of the North 40 feet of Lot 40 and that part of Lots 41 through 46 inclusive lying Southerly of the following described line commencing at the Northeast corner of Lot 40 thence South along the East line of said Lot 40 a distance of 10 feet to the point of beginning thence South 89 degrees 28 minutes 45 seconds West 55.08 feet thence Southwesterly 267 268 November 24, 1992 287.22 feet along a tangential curve concave to the Southeast having a radius of 1,056.48 feet and a central angle of 15 degrees 34 minutes 35 seconds thence South 73 degrees 54 minutes 10 seconds West 17.77 feet thence ~ou%hweskerly 77.47 feet along a tangential curve concave to the Northwest having a radius of 669.17 feet and a central angle of 6 degrees 38 minutes to the West line of said Lot 45 and there terminating including adjacent part of vacated alley. This Conditional Use Permit 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 voted in the affirmative: Jensen, Jessen, Johnson and Smith. The following voted in the negative: none. Attest: City Clerk Councilmember Ahrens was absent and excused. ~ayor 268 135 June 9, 1987 RESOLUTION NO. 87-1 O8 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR INSTALLATION OF A CLASS II RESTAURANT IN T~E CENTRAL BUSINESS (B-l) DISTRIC~ AT 2244 QgMMERCE B(X3LEVARD WREREAS, the City Council held a public hearing on June 9, 1987, pursuant to ~ec~ion 9-3.505 of ~he Mound Code of Ordfnances to consider the issuance of a conditional use permit for the installation of a Class II restaurant (D Vinci's Restaurant) at 2244 Cc~erce Boulevard; and. WHEREAS, the proposed conditional use permit satisfies the criteria for granting conditional use permits as stated in Section 23.505.1 of the Mound Code of Ordinances; and WHEREAS, all persons wishing to be heard were heard; and WHEREAS, the Planning Commission has reviewed the request and does reco~en~ approval. NOW, IHEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the conditional use permit is granted for the Class II restaurant subject to the following coadition: · The restaurant shall secure all appropriate licenses from the State Mealth Department. .. The foregoing resolution was moved by Councilmember. Johnson and seconded by Councilmember Abel. 'The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. MXayor Attest: ~lty Clerk 59 March 10, 1987 RESOLUTION NO. 87-h7 RESOLUTION AUTHORIZING A CDNDITIONAL USE PERMIT FCR THE INSTALLATION OF CLASS II RESTAURANT IN THE CENTRAL BUSINESS (B-l) DISTRICT AT 2240 CDMMERCE BOULEVARD (PID ~ 13 117 24 33 0042/0043) P & Z CASE #87-613 WHEREAS, the City Council held a public hearing on March 10, 1987, pursuant to Section 23.505 of the Mound Code of Ordinances to consider the issuance of a conditional use permit for the insta.llation of a Class. II restaurant at 2240 Cu,,,,,erce Boulevard; and WHEREAS, the proposed conditional use permit satisfies the criteria for granting conditional use permits as stated in Section 23.505.1 of the Mound Code of Ordinances; and k~EREAS, all persons wishing to be heard were heard; and 9~EREAS, the Planning Commission has reviewed the request and does reco~merd apuroval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the conditional use permit is granted for the Class II restaurant subject to the following conditions: '1. The restaurant shall secure all appropriate licenses from the State ~ealth Department. 2. Video games shall be licensed by the City of Mound. e Delivery vehicles shall not be parked overnight on the premises or within public CBD ~arking. The foregoing resolution was moved by Councilmember Johnson and seconded by Councllmember Abel. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. / Y / Attest: City Clerk 274 November 25, 1986 RESOLUTION NO. 86- 175 RESOLUTION APPROVING THE COMPREHENSIVE SIGN PLAN FOR COMMERCE SQUARE, 2200-2206, 2210-2214, 2224-2238 COMMERCE BOULEVARD P & Z CASE NO. 86-557 WHEREAS, JRW Properties, Inc.., Owner of Commerce Square has submitted a comprehensive sign plan and variance application as required by 4.05(6) of Section 55.38 of the Mound City Code; and WHEREAS, the Planning Commission has reviewed the request and does recommend approval of the comprehensive sign plan and approval of the vari- ance to the minimum 2000 square foot floor area requirement of Section 4.05{3}. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City ok Mound, Minnesota,l does hereby approve the comprehensive sign plan for Commerce Square 'subject to the following conditions: The street facade signage shall not exceed 207 square feet in total area and shall relate exclusively to the five businesses which front on the west side of the building. 2. Signage for the arcade shops shall not exceed a total of 336 square feet All signage locations and types shall be consistent with the plans . accompanying the applica'tlon.as shown on Exhibit A Pages 1 through 3 dated 11-3-86. The foregoing resolution was moved by Councilmember Paulsen and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Jessen, Paulsen, Paterson, Polston and Smith. The following Councilmembers voted in the negative: none. Ma yo P -- -- Attest: City Clerk COF, PREHENS I YE $ ! GNAGE PACt, AGE PAOPOSAL Commerce Square Development I~ound, Hi nnesota Comm. No. 821.2- EXHIBIT A 11-3-8~ Page 1 Signs included In proposal: 1. Optical Shop - west facade signage 2. Retail Shops - west facade signage Retail Shops - Arcad~ facade signage /4. Area identification sign. ~FORHAT!ONAL ONLY 5. ' Bank Drive-in Canopy - north and.south sides signage IFORHATIONAL ONLY .6. Bank Drive-in Canopy - west side signage NOTES: 1. Various details, elevations and plans included for further clarification. Details noted per sign type. 2, Square footage of proposed signs are given in total sign face sqUare footage, not graphic or type square'fo'6tage. All signs to be permanent, non-seasonal signs. /4. Area identification sign to 20' high by variance, if possible. 5- Signal, for' bahk entrances and clinic entrances to I~e by other permits pending owner approval. S i gn Type Schedu I e 1.& 2. Optical Shop and Retail Shops - west 2688 square feet of facade /4D3 square feet allowable signage 207 square feet total of sign boxes facade: EXHIBIT A Page 2 11 -3-86 -. qFORMATIONAL ONLY Description: Continuous metal framed, top mounted, internally illuminated sign boxes with transluscent plax letters in opaque plax background. ~. Retail Shops. - Arcade' facades: 23q0 square feet of facade 351 square fee~ allowable signage 553 square feet total sign boxes Description: Continuous, wall mounted, internally illuminated sign boxes for retail facades within covered arcade. Similar construction to types 1 and 2 ..... 4. Area Identification Sign: Ordinance #437, Section square feet allowable 15 foot height limitation 48 square feet double faced shown, '15'~feet high*. Description Internally il]uminated, free standing plex faced double faced sign wi th ..concrete posts ahd steel framing. '- 5- North and south sides Bank Drive-in Canopy soffit: 44B square feet per facade 67.2 square feet allowable signage per facade 50 square feet proposed per facade Description 7 x ~6 lamp electronic message center. 11" deep cabinet recessed flush into canopy soffit. 15" high characters x 21 characters ]orig. Sign for time, temp, bank and public service messages. Height to 2D'-D" by variance, if .possible. INFORMATION ONLY: EXHIBIT A Page 3 ! I-3-86 ~/est Side Bank Drive-in Canopy soffit.' 532 square feet of facade 7~.8 square feet allowable signage 614 square feet proposed signage. Oescription Bank identification sign box internally illuminated, recessed flush into canopy facade. Bank name and logo strip layout block letters (20" high). 2~40 O~tober 14, 1986 RESOLUTION 986-152 RESOLUTION TO AMEND RESOLUTION 986-92 ALLOWING SIGN 92 TO BE 3 FEET BI 16 FEET IN SIZE WHEREAS, on August 12, 1986, the City Council adopted Resolution #86-92, entitled, "RESOLUTION AMENDING RESOLUTION ~86- 86 TO ALLOW A SIXTH ROOF SIGN FOR MUELLER/LANSING PROPERTIES, 2240/22~2/22~/22~6 COMMERCE BLVD. ", and 1~HEREAS, Resolution ~86-92 added Exhibit "B" showing the sixth sign; and WHEREAS, now Brickley's Market (sign ~2) have requested that they be allowed to install a sign that will be 3 feet by 16 feet instead of the 3 foot by 12 foot sign that was approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby amend Resolution ~86-92 and approves sign #2 being 3 feet by 16 feet for Brickley's Market as shown on Exhibit "C". The foregoing resolution was moved by Councilmember Smith and seconded by Councilmember Peterson. The following Councilmembers voted in the affirmative: Jessen, Paulsen, Peterson and Smith. The following Councilmembers voted in the negative: none · Mayor Pro Tern Attest: City Clerk JO$O August 12, 1986 KESOLUTION NO. 86-92 RESOLUTION AMENDING RESOLUTION 86-86 TO ALLOW A SIXTH ROOF SIGN FOR MUELLER/LANSING PROPERTIES, 22~0/22~2/22~/22~6 COMMERCE BLVD. BE IT RESOLVED, that Resolution #86-86, $1 is hereby amended to read as follows: Each sign shall not exceed the measurements of 3 feet by 12 feet and be limited to 6 roof line signs as shown on Exhibit "A" and Exhibit "B" descri_mtive narrative and be an integral part of the architecture of the building. All other items to remain the same. The foregoing resolution was moved by Councilmember Smith and seconded by Counciimember Peterson. The following Counci!members vote~ in the affirmative: Jessen, Paulsen, Peterson, Polston and Smith. The following Councilmembers voted in the negative: none. Mayor At'test: City Cler-~ ....... I ........... ~'":~ [~.~CI:,{~'~/ S~.._~i~ "e .... ,I~'I ,~,, , i'/, ,. i I · · ~ESO~UT, ON I EXHIBIT "~" -- I. EXHIBIT "B" , I ' . ' ' ' ~ '~ ~ ~ I II '. ,, ' · -~ ~ ~'~ ,, . ' , . - I , . ; - . . · " '; '' ill ' ~ 0 ' · ' " ' '" ' 0 , . I miL Illl'l~~ll~ I ~~ II llllllllllll[~ 'l-~. .. · I ~ I llllllillllllilllll l~i ' ' ,~; ~. .' ,..'. - I · , ~.~ ~ ~ . 138 July 22, 1986 RESOLUTION NO. 86-86 /.1/ zO ,', RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE SIGN VARIANCE AS REQUESTED FOR 2240 COMMERCE BLVD. (PID ~13-117-2~ 33 0042/000~3) P.C. CASE ~86-528 WHEREAS, the applicant, Rick Jacobson, and the owners, Mike Mueller and Phil Lansing, have requested a variance to allow roof-top signs at the commercial location of 2240 Commerce Blvd.; and WHEREAS, the Sign Ordinance, Section 55.38 of the City Code, requires that the roof signs only be allowed if they are an integral part of the architecture of the building with limitations in sign for signage; and WHEREAS, the Planning Commission has reviewed the request and does recommend the requested variance upon certain conditions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does approve the sign variance as requested for Mueller/Lansing properties at 2240/2242/2244/2246 Commerce Blvd., PID #13-117-24 33 00~2/0043, upon the following conditions: Each sign shall not exceed the measurements of 3 feet by 12 feet and be limited to 5 roof line signs as shown on Exhibit "A" a~d be an integral part of the architecture of the building. Lighting of the signs shall be shielded and shall focus light only on the sign face. Free standing signs for any of the individual new businesses shall be prohibited. Sign anchor system to meet State Building Code design requirement for 100 mile an hour wind loading (26 P.S.F.). 5. Signs must be maintained in like new condition. The foregoing resolution was moved by Councilmember Paulsen and seconded by Councilmember Smith. The following Councilmembers voted in the affirmative: Jessen, Paulsen, Peterson and Smith. The following Councilmembers voted in the negative: none. --- 139 July 2Z, 1986 Mayor Pro Tern Attest: City Clerk ..;;.'.-..:- 5:" · '.A'" : ADDRESS: ZONE: REQ. LOT AREA: SURVEY ON F,LE? YES / NO EXIST. LOT AREA: SQ FT REQUIRED STREET EXISTING LOT WIDTH: EXISTING LOT DEPTH: REQUIRED SETBACKS PRINCIPAL BUILDING/ HOUSE FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: 15' ACCESSORY BU!LDING/GARAGE/SHED FRONT: N S E VV 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: TOP OF BLUFF: 50' (measured from O.H.W.) 50' (measured from O.H.W.) EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING/HOUSE ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W REAR: N S E W LAKESHORE: LAKESHORE: TOP OF BLUFF: TOP OF BLUFF: HARDCOVER CONFORMING? YES / NO / ? IS THIS PROPERTY CONFORMING7 YES / NO / ? BY: DATE: IS enera onlng n ormat~on eet onv summarizes a port~ requirements out ~ne ~n t e ~ty o oun onlng For further information, contact the City of Mound Planning Department at 472-0600. ( 7 7 ) '3, '~" f I J .2ol, I L~ U4 0 I PROPOSED RESOLUTION//96- RF3OLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING FRONT AND SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 4877 HANOVER ROAD, LOTS 9 AND 10, AND THE WEST 3 FEET OF LOT 8, BLOCK 16, DEVON, PID 25-117-24 11 0148 P&Z CASE g96-10 o.Sfi-'-WHEREAS, the owner, Richard McC,ar~__y has applied for variance .to reeogmze ~ g nonconforming front yard setback of 15 and a nonconforming rear yartl setback of 6.8 w construction of a conforming 20' x 24' detached garage, and; WHEREAS, the subject property is located within the R-IA Single Family Residential Zoning District which according to City Code requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback to both Hanover Road and Dexter Lane, a 10 foot side yard setback to the dwelling, a 6 foot side yard setback to the detached garage, and a 15 foot rear yard setback, and; WHEREAS, the proposed garage is conforming to~..the r~uired .s.e.t.backs, all o?er setbacks, lot area, an~Ampervious lot coverage are conforming) and tlaere win oe no expansion of the nonconformin~alz~a~s-ef-xql~f~erty, 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: 1. The City does hereby grant a variance recognizing the existing nonconforming front yard setback of 15 feet and nonconforming rear yard setback of 6.8 feet to allow construction of a conforming 20' x 24' detached garage. 2. 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 20' x 24' detached garage. This variance is granted for the following legally described property: Lots 9 and 10, and the West 3 feet of Lot 8, all in Block 16, Devon. Resolution #96- April 9, 1996 Page 2 Se This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: and seconded Mayor Attest: City Manager Adopted: 1WINUTES OF A MY~ETING OF THE MOUND ADVISORY PLANNING COMMISSION MARCH 25~ 1996 C~SE 96-10: RICHARD MCCARTHY, 4877 H~NOVER ROAD, LOTS 9, 10, & 3' O~ 8, BLOCK 16t DEVON, PID 25-117-24 11 0148. G]~RAGE. Building Official, Jon Sutherland, reviewed the Staff Report. The applicant is seeking a variance to recognize the existing nonconforming dwelling in order to allow construction of a conforming 20' x 24' detached garage. The existing nonconforming setbacks are: Required Existing Variance Front 20' 15' 5' Rear 15' 6.8' 8.2' Mueller asked that staff verify that the dwelling has its own sewer and water service. Reifschneider expressed a concern about the existing pine trees and if they will be removed with construction of the garage. Staff confirmed that there is nothing in the ordinance that prohibits removal. Reifschneider asked if the garage on Parcel B is the same garage that was required to be removed according to Resolution #83-43. Staff will check into this issue. MOTION by Mueller, seoonde4 by Reifschneider to recommend approval of the variance, as recommended by staff, s~bjeot to verification that this property has its own sewer and water service and to ask if the applicant if he is planning on removing the tree. Motion carried unanimously. IO 0 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Staff Report DATE: TO: FROM: · SUBJECT: APPLICANT: CASE NO: LOCATION: ZONING: Planning Commission Agenda of March 26, 1996 Planning Commission, Applicant, and Staff Jon Sutherland, Building Official ~~7 , Variance Request Richard McCarthy 96-10 4877 Hanover Road, Lots 9, 10, & 3' of 8, Block 16, Devon, PID 25- 117-24 11 0148 R-lA Single Family Residential Background: The applicant is seeking a variance to recognize the existing nonconforming dwelling in order to allow construction of a conforming 20' x 24' detached garage. The existing dwelling is setback 15' +/- to Hanover Road, a 20' setback is required resulting in recognition of a 5' +/- front yard setback variance. In addition, the dwelling is setback 6.8' to the rear yard where a setback of 15' is required, this results in the recognition of an 8.2' setback variance. All other aspects of the property are conforming. Staff Recommendation: Staff recommends the Planning Commission recommend approval of the variance request as the garage is conforming and there will be no expansion in the nonconforming status of the dwelling. JS:pj NOTE: This request will be reviewed by the City Council on April 9, 1996. The abutting neighbors have been notified. printeci on recycled paper Planning Commission Date: City Council Date: VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Distribution: 79.~ ~c~ City Planner ~ -~ ~ Public Works ~ City Engineer DNR Other $50.00 i0 Application Fee: Case No. Please type or print the following information: Address of Subject Property C] 8'7~ 1 Owner's Name Owner's Address Applicant's Name (if other than owner) Address Day Phone Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descri ton .of prgpose4 construction or alteration (size, number of stories, type of use, etc.): Variance Application (l 1/93) Page 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No ~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested (or existing) VARIANCE Front Yard: ((N~ E W ) ~C)" ft. I ~' ' ft. ,~' / ft. Side Yard: ~.iq'S'~"' E W ) ft. ft. ft. Side Yard: ( N S..~? ) ft. ft. ft. Rear Yard: (N~w) 1_~--3t ft. /.., ,~ r ft. ff. Lakeside: ( N ) ff. - ft. ft. · (NSEW) ft. ft. ft. Street Frontage: ft. ft. ft. Lot Size: sq ft sq ft .sq ft Hardcover: sq ft sq ff sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes fY,.), 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 ( ) too small ( ) drainage ( ) too shallow ( ) 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 lana 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 {gL If yes, explain: o Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (~l, No (). If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature Date 7...'Z~' °X{,e L Case No. 83-112 ;Aqt.~, : 2-7-~3 · . Pre .,~,~ed desrr.i nL~.nns: A. <;ORUCI: .:... COl'!']! 6¢:., ri4('. '~"',"::,:': ... ?:',;:i'~i .... . .... ~,' :" "'",'~b.?r~: : ~',', 1.29'..~ · . , .,':k, , '..~T,! i.~t 7s and that, tart. of '.,nt i4 L,.."n,.' ~,s',. u.¢ t.h,: kr;s~,..3 ':'u.:;t thur,.~(,fs ~;l.or.k 16 ~ D.wnr;. CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) IIPROPER,TY ADDRESS: L~)"~ OWNER S NAME: LOT AREA ~,2(/?~-'j0 SQ. FT. X 30% = (for all lots) .............. LOT AREA SQ. FT. X 40% = ~) ....... I 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. HOUSE DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under ars not counted as hardcover OTHER LENGTH WIDTH , SQ FT (~ = X = TOTAL HOUSE ......................... TOTAL DETACHED BLDGS ................. TOTAL DRIVEWAY, ETC .................. X = X = X = TOTAL DECK .......................... X = X = TOTAL OTHER ......................... T0,r4~ HARDCOVER / IMPERVIOUS SURFACE I 1~"7"~ UNDER.! OVER (indicat~ differon¢~} ............................... [ RED BY DATE Design Works (R), Knox Lumber,//217 Hopkins, MN Fri Mar Ol 10:49:371996~ The materials in this garage wil~ cost Drawing: 3*Dimensional View SEE YOUR SALESPERSON FOR A CONSTRUCTION DETAIL SHEET BEFORE YOU BEGIN YOUR PROJECT. March 15, 1983 Councilmember Swenson moved the following resolution. RESOLUTION NO. 83-43 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE FINAL SUBDIVISION FOR LOTS 7, 8, 9 AND 10, BLOCK 16, DEVON (4877 HANOVER ROAD) PID #25-117-24 11 0062 WHEREAS, the final subdivision of Lots 7, 8, 9, and 10, Block 16, Devon has been submitted in the manner required for platting of land under City of Mound Ordinance, Section 22.00 and under Minnesota State Statutes Chapter 462, and all proceedings have been duly conducted thereunder, and WHEREAS, the division of Lots 9, l0 and the west 3 feet of Lot 8, Block 16, Devon, has an existing structure on the parcel which will be 39.5± feet from the Dexter street front, 15.O~ feet from the Hanover Road street front, 6.8 to 7 feet from the rear yard, as the side yard definition of the Zoning Code will not apply after the lots division will'extend the depth of 3 feet (lot size - 80 feet by 83 feet), and WHEREAS, Parcels "A" and "B" will have in excess of the 6,000 square feet minimum lot size as well as the minimum width and depth, and WHEREAS, the Planning Commission and City Council have reviewed the subdivision request and do recommend the division and waiver of Section 22.00 provisions, and WHEREAS, it is hereby determined that there are special c~rcumstances affecting said property such that the strict application of the Ordinance would deprive the applicant of the reasonable use of his land; that the waiver is necessary for the preservation and enjoyment of a substantial property right, and that granting the waiver will not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA; That the City Council concurs with the Planning Commission to approve the final subdivision request for Mike Hilbelink to divide as follows: PARCEL A - Lots 9 and lO and the west 3 feet of Lot 8, all in Block 16, Devon PARCEL B - Lot 7 and that part of Lot 8 lying east of the west 3 feet thereof, Block 16, Devon, conditioned upon the following: 1. The existing accessory garage building is to be removed within 180 days. " RI'SOLUTION NO. 78 ' RESOLUTION TO CONCUR ',~/ITH THE RECOHHENDATION OF THE PLANNING COMMISSION TO APPROVE THE STREET FRONT VAR- lANCE AS REQUESTED WHEREAS, owners of property described as Lots 7, 8, 9 and 10, Block 16, Devon and zoned A-2, 6,O00 sq feet, has requested a street front' variance of 3.6 feet, and WHEREAS, said variance would be an expansion on a Non-Conforming Use variance and would allow for the expansion of existing .struc- ture within the existing setbacks, and WHEREAS, said expansion would be to go up, by adding a second story to the present structure necessitating a 3.6 foot Street front variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That Council concurs with the recommendation of the Planning Commission anddoes approve the 3.6 foot street front variance as requested for property~ de- scribed above. Adopted by'Council this llth day of April, 1978. 4-11 -78 78-148 e March 15, 1983 Two off street parking spaces are to be provided for Parcel A~ A new survey is to be submitted fOr Parcels A'and B with property monuments placed and survey information included as per City Engineer's requirements. Utility services to the existing structure shall be across Parcel A - Lots 9, 10 and the west 3 feet of Lot 8, all in Block 16, Devon. The newly created building site owner to pay or be assessed any additional street, sewer and water unit charges. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the abo~e names owner(s)and subdivider(s) after completion of requirements, for their use as required by M.S.A. 462.358. This final subdivision shall be filed and recorded within 180 days of the date of the adoption of this Resolution in the Office of the Register of Deeds or the Registrar of Titles.of Hennepin County to show compliance with the subdivision regulation of the City of Mound. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Charon and upon vote being taken thereon; the following voted in favor thereof: Charon, Paulsen, Peterson, Swenson and P01ston; the' following voted against the same: none; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Atl~est: City Clerk ADDRESS: SURVEY ON REOUIRED STREE1- FRONTAG E/WIDTH: ~-.~Q / EXISTING LOT WIDTH: ZONE: LOT AREA: EXIST. LOT AREA: LOT OF RECORD? YES ? EXISTING LOT DEPTH: '~'~ REQUIRED SETBACKS PRINCIPAL BUILD[I~G/HOU.~,~ ,, FRONT:/..~ S E W~) FRONT~bI,~/~ E W ~,~(,-) i SIDE: N( S,)E W SIDE: N"-S ~ W REAR: N S(E) W 15' LAKESHORE: v 50' (measured from O.H.W.) TOP OF BLUFF: ACCESSORY BUIL,I2~G/GARAGE/SHED FRONT: N S E(W)' ,-~,'~" FRONT:i~S E '~' ~)' SIDE: ~1 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.) TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING/HOUSE FRONT:~S E~ "~OI . ~ /. FRONT:( N)' S E ~ -) .~" +/o .~ SIDE: ~ E W ~[~'~/- ' SIDE: N ~ ~ W REAR: N ~E)W ~,~'~ LAKESHORE: ~ ACCESSORY BUIL,I~ING/G ARAG E/SHED. FRONT: N S E FRONT: N ,~.,E W SIDE: N~E W ~ ' SIDE: N W REAR: N S E W LAKESHORE: TOP OF BLUFF: TOP OF BLUFF: .AR~COVE,R CONFORMING?(YES)NO , ? IS THIS PROPERTY CONFORMING;' YES (~?~7 ~ ~ ~rmauon eet ~r~ a ~ort~~t~ ~ouno ~~o~f~ aon~ct the City of ~ound Planning Department at 472-0G00. ~:~"RES' '" BUV I'-~UI ..... I ........... -117-24 (34 c~ o :3' April 5, 1996 TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL MARK GOLDBERG, COMMONS TASK FORCE CHAIR RECOMMENDATIONS Implementation of Pilot Project for Commons Policy Rec0mmendation~ 1. Review Recommendations Implement recommendations at "Pembroke Park Commons Area" of Devon Common (not enough time to do all of DEVON). Present current Pembroke problems to Council - Dock/Boat congestion Abutting houses close to water and at eye level with water Etc. Recommendation: Maintain nonabutting boats at commons access point using 7-boat multiple dock complex and 1 non-abutter's own dock (that person has three boats at his dock). Dock Program to pay for a dock complex and partially fund cost of City maintaining the dock complex. - Financials for expanding this program will be presented. Discuss next steps/timetable. Review legal issues regarding encroachments recommendation. CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 96-12 NOTICE OF A PUBLIC HEARING TO CONSIDER THE VACATION OF A 12' WIDE PLATTED RIGHT-OF-WAY LOCATED IN BLOCK 2, SHIRLEY HILLS UNIT A (ADJACENT TO 4873 SHORELINE DRIVE) NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Monday, April 8, 1996 to consider the vacation of a 12 foot wide platted right-of-way located in ~Block 2, Shirley Hills Unit A, between Lots 12 - 17 and 1 - 5, as shown below: RA-t~ .,~,, i DR--~ a-.:~.~---~----.- ..... " · ~1 ~ 45. ~ 4 All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting Mailed to property owners within 350 feet of affected property by March 29, 1996. prtnted on recycted paper ~ ~ ~3 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 April 1, 1996 TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL LINDA STRONG, ACTING CITY CLERK MOUND CITY DAYS PERMITS FOR JUNE 14-16, 1996 The Northwest Tonka Lions and the Mohawk Jaycees are planning the Mound City Days to be held on the 14th, 15th & 16th of June 1996. They have applied for a variety of permits for that weekend and asked to have the fees waived. Insurance coverage is current through September 1996. Entertainment Permit Teddy Bear Band Blue Grass Band Saturday, 6-15, Sunday, 6-16, Mound Bay Park Mound Bay Park 2-4 pm 6-9 pm Temoorary On-Sale Non-Intoxicating Malt Liquor Permit and Set Ups Mound Bay Park Saturday and Sunday, 6-15 and 6-16 Temporary On-Sale Non-Intoxicating Malt Liquor Permit and Set Ups Pond Arena Saturday, 6-15 evening Dance Permit White Sidewalls Sat, 6-15 Pond Arena 8 pm - 12 am Permit requests have also been filed for the Carnival, Fireworks and Concessions. Approval is contingent upon proper insurance from these companies. Is printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 TO: FROM: SUBJECT: April 1, 1996 CITY COUNCIL LINDA STRONG, ACTING CITY CLERK LICENSE RENEWALS The following licenses expire 4/30/96. The new license period is 5/1/96 to 4/30/97. Approval is contingent upon all required forms, insurance, etc. being submitted. Games of Skill Al & Alma's Supper Club American Legion Post #398 VFW Post #5113 _P, ool VFW Post #§ 1 1:3 Bowling Mound Lanes Amusement Device American Legion Post #398 VFW Post #5113 Restaurant Al & Alms's Supper Club American Legion Post #398 Domino's Pizza #1974 Happy Garden Hardee's House of Moy Mound Lanes Scotty B's Subway Sandwiches VFW Post #5113 printed on recycled paper BILLS April 09, 1996 BATCH 6033 BATCH 6034 Total Bills $104,753.01 114,730.74 $219,483.75 I C" 0 C 8 C~ O~ , , ,, , , , , , ,, ,, f ~ I I I I I I I ~ I I I I i ' CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 April 2, 1996 TO: FROM: SUBJECT: MAYOR, CITY COUNCIL AND CITY MANAGER JOEL KRUMM, LIQUOR STORE MANAGER ~'//-.,. MARCH MONTHLY REPORT We just seem to keep "Marching" along. Seriously though, March was a very good month. Gross sales totaled $115,490. That compares with $108,402 in sales we did last year in March. Thus, after the first quarter of the year, we are at $329,779. Last year at the same time we were at $301,570. So, what's new at your local Mound Liquor Store? Cigars. We are not talking about your basic "Fisher Sweets" or "Dutch Masters". We carry premium, handmade, hand rolled cigars from such countries as: Honduras, Dominican Republic, Nicaragua and Jamaica and other exotic destinations. The range for retail on these cigars starts at $2 and goes up to $6. Why, you ask? What is the big deal? It is the current fad, it's the latest rage, it is a "Baby Boomer" phenomena. Many boomers have given up cigarettes, yet they still need some small vice to hold on to. Ergo, cigars. And even women are now publicly taking up the art of fine cigar smoking. There are cigar connoisseurs, there is a "Cigar Afficioando" magazine that rates cigars along the same lines as the "Wine Spectator" rates vintage wines. And yes, there are cigar snobs. The trick is to sell premium cigars, one has to properly merchandise them and, most importantly, one has to keep them in a climately controlled environment. That requires a humidor. Humidors can be expensive, although the initial investment is well worth while, I was not prepared at this time to have any custom made to fit our current space. I found a tobacco supplier, whose name I will not mention, who was willing to do this for us; supply us with one large and one sm_all humidor that together holds printed on recycled paper Mound Liquor Store Manager Monthly Report April 1, 1996 Page 2 ten types, at no charge to us as long as we purchased cigars exclusively from them. Also, and this made it a "no brainer", they were willing to give us a much better price on cigarettes which over the course of a year saves us $700. I expect to sell $5,000 a year in cigars. Couple this with the savings on the cigarettes, the net profit per year is $2,500. By nature, I tend to be very conservative as far as business projections are concerned. When the word gets out that we feature cigars (nobody around here does),sales could light upi JK:ls CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: April 4, 1996 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official ~ ~' MARCIt 1996 MONTItLY REPORT CONSTRUCTION ACTIVITY There were 16 building permits issued in March for a construction value of $1,862,406. This included five new dwellings. We issued 39 plumbing, mechanical, and miscellanous permits for a total of 55 this month, and 101 year-to-date. PLANNING & ZONING There were five cases processed this month by the Planning Commission and Council. In addition, staff is continuing its work on the streamlining of variances. The planning commission is scheduled to take action on streamlining at its next scheduled meeting. COMMUNITY SERVICE OFFICER (CSO) ACTIVITY The CSO's total contacts were 52 this month, with 2 being of a zoning related issue. One warning tag and zero citations were issued. Additional information is in the Police Depaxianent Report. prmted on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: y~lzc H Year: 199{3 THIS MONTH YEAR TO DATE SINGLE FAMILY DETACHED 2 2 188, 754 8 821, 789 SINGLE FAMILY ATTACHED (CONDOS) 2 2 566,100 2 566,100 ~W(~ FA~flL-Y-~-DWPL~- MISC 1 1 10,000' 1 10 ~ 000 MULTIPLE FAMILY (3 OR MORE UNITS) *FOU~ DATION ONLY FOR SIN ;LE FAMIL3 DWELLING. TRANSIENT HSG. (HOTELS / MOTELS) SUBTOTAL 5 5 764,854 It 1,397,889 COMMERCIAL {RETAIL/RESTAURANT) I 110,000 2. 310,000 OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL i 110,000 2 310,000 ADDITIONS TO PRINCIPAL BUILDING 2 3 0,3 6 0 3 4 9 r $ 6 0 DETACHED ACCESSORY BUILDINGS DECKS I 9,000 1 9,000 SWIMMING POOLS REMODEL- MISC RESIDENTIAL 7 34,200 21 95,657 REMODEL - MULTIPLE DWELLINGS SUBTOTAL 10 73,560 25 154,517 ADDITIONS/ALTERATIONS COMMERCIAL (RETAIL/RESTAURANT) OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS DETACHED ACCESSORY BUILDINGS SUBTOTAL RESIDENTIAL DWELLINGS 1 NON*RESIDENTIAL BUILDINGS 1 TOTAL DEMOLITIONS 2 # PERMITS # UNITS VALUATION //UNITS VALUATION 16 5 948,414 11 1,862,406 TOTAL * PERMIT COUNT I THIS MONTH I YEAR*TO-DATE · BUILDING 16 38 FENCES & RETAINING WALLS 0 0 SIGNS 3 3 PLUMBING 24 34 MECHANICAL 9 2 0 GRADING 0 0 S&W, STREET EXCAV., FIRE, ETC. 3 6 TOTAL I ---55 I 101 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MARCH 1996 MONTHLY REPORT PARKS DEPARTMENT Parks: We have begun to change over the tractors from the winter snow removal attachments to the mowers. At this time we service all the equipment and make needed repairs. The shop is cleaned-up and winter equipment has been moved into storage. The summer staff has been looked at to determine if there will be a need to advertise for help. At this time we will have all of last year's summer staff return except one position. The advertising process was started because this position will begin mid-April. We received more of our parks equipment that is to be installed as time is available this Spring and summer. Docks: As always, the last part of March is when a good share of docks are renewed due to April 1 being the cut-off date for renewals. The Dock Inspector begins getting a number of calls from new applicants seeking information on sites, along with a lot of correspondence with realtors because of the increase in homes sales. Cemete~: There is very little done at this time to the grounds at the cemetery because the turf is too easily damaged. The only work done is to remove the Christmas wreaths that were placed there over the winter. Trees: Two trees were removed from city property and one tree on private property was sent a hazardous tree notice. JF:pj printed on recycled paper TO: FROM: RE: MAYOR, CITY COUNCILAND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR MARCH FINANCE DEPARTMENTREPORT Investment activity Bought: Money Market Money Market Money Market CP M atu red: Money Market Money Market CP Balance: Norwest 4M First Bank First Bank First Bank 4M First Bank March 31, 1996 5.55 8 75,O00 30,510 299,850 5.086% (199,850) (95,000) (189,367) Audit of the Year 1996 Auditors from the CPA firm of Abdo Abdo & Eick were with us for a full week this month. Their audit of the 1995 City financial activity is progressing as scheduled. A report to the City Council will be presented at the May 14, 1996 meeting. LegislativeConference On Thursday, February 29th, Ed and I attended the 1996 Legislative Conference. Many legislative issues were discussed by the leadership of the League of Cities and its staff. Again this year, the two major areas of concern to us are the State Aid to local governments and the property tax freeze. The property tax freeze as proposed by the State Senate (bill S.F. 2115) would put a serious strain on our 1996 budget. The City is limited in its ability to control expenditure increases brought about by inflation. At the same time drastic cuts were made in the past few years and any additional cuts in expenditureswould impair the a_bilityto provide essential services to the com mun ity. MOUND VOLUNTEER FIRE DEPARTMENT bIOUND, MINNESOTA FOR MONTH OF MARCH l qq6 FIP, E FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 3/11 3/18 ~ H]_-RS HJRRS RATE ~_ JEFF ANDERSSN X X 2 19. O0 6 45 6.50 ~92.50 ~:__qR EG A~\]) ER SON X X 2 19. O0 1 4(~ 6.50 312.00 3 PAUL BABB X X 2 19.00 3 47 6.50 305.50 k DAVID Bolq3 X X 2 19.00 2 30 6.50 195.00 5 SCOTT BRYCE X X 2 19.00 3 21 6.50 136.50 6 DAVID CARLSON X Y~ 2 19.00 1.5 37 6.50 240.50 7 JI~: CASEY X ~_~ 1 9.50 3 3/4 29 6.50 188.50 8 STEVE COLLINS X X Z 19.00 2 31 6.50 201.50 9 ROBERT CRAWFORD X X 2 19.00 7 40 6. SO 260.00 .0 ?~DY ENGELHART X X 2 19.00 3 21 6.50 136.50 .1 STE%'E ERICKSON X X 2 19.00 0 36 7.00 252.00 [2 DAHI EL GRADY X X 2 19.00 3 25 6.50 162.50 [3 KEVIN GRADY X X 2 19.00 3 42 6.50 273.00 14 BRUCE GUSTAFSON X X 2 19.00 2 41 6.50 266.50 15 CRAIG HEkn3EP~ON ~ ~ ? 1~ OD fl ~1 6.75 2fl~.25 16 p,AUL Hl~W ~ 0 ~n I ?~ 6.50 ~ ~? nn 17. ROGER KRYCK X x 2 lg.~ ~ 5~ 6.50 ~x~ nn lB JO}{N I&R SON X X 2 lq.OO 6 ?,~ 6.~0 19 JASON ~[A&S ~ x 2 19,oo 4.s 1z 6,50 pn~ nn 20 J0.~,~ I,:AFUS X X 2 19.00 2.5 40 6.50 2f-D. fid pt ~A~ZS ~'n~SO,.'~ X X ~ 19.00 3.5 . 33 6.50 ?.14.50 22 BR~r NI~CUM ~ X I 9.50 2,5 20 6.50 130.OO 23 GREGORy PALM X X 2 19.00 1.5 38 6.50 247.00 24 :~CHAEL P;J~! X X 2 19.00 3.5 ~4 6.50 221.00 25 TIMO~'Y PALM X X 2 19.00 3 30 6.50 195.00 26 GREGORY PEDERSON X X 2 19.00 3 31 6.50 201.50 ~ C!..~ I S POUNDER X X 2 19.00 3 32 6.50 208.00 28 TO!,%' RASMUSSEN X X 2 19.00 2 31 6.50 201.50 29 RtCJbLRD ROGERS X X 2 19.00 3 39 6.50 253.50 30 bLICH~tEL SAVAGE X X 2 19.00 19 29 6.50 188.50 31 Y. EVIN SIPPREIJ, X X 2 19.00 2 37 6.50 240.50 32 RONALD S T_ALI21AN ~ X 1 9.50 8.5 18 6.50 117.00 33 BRUCE SVOBODA X X '2 '19.00 1.5 32 6.50 208.00 '-34 EDWARD VANECI~ X X 2 19.00 0 31 _.__6'50 201.50 3_5~ RICHARD WILLIAHS X X 2 19.00 16.5 31 6.50 201.50 36 TIMO%T~Y WILLIAMS X X 2 19.00 5 25 6.50 162.50 37 DE~IS WOYTCKE X X 2 19.00 2 38 6.50 247.00 ~ 85 87 5 172.5 655.50 136.75 1228 ~ 8~007.75 172.5 IRIlL9 655.50 136.75 MAIN% 1,167.00 '- ~DT. AL 9,830.25 DRILL REPORT Discipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation ~earing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances HOURS Training Paid : Excused X Unexecused 0 Present / Not Paid Miscellaneous PERSONNEL ~lz2.Andersen .Anderson .Babb .Boyd .Bryce ,Carlson.- Z~-B,Gustafson ,Henderson P,Henry ~Kryck /-~,Larson .Maas ........ ,~.Casey .Nafus ~,5.Collins .Nelson ~B.Crawford .Niccum L~.Engelhart .Palm ~,S.Erickson ~l. Lf,,.p.Srady .~.~¢-<.Grady ,Palm ,Palm ,Pederson ~.-\J~-- C. Pounder ' ~--T .Rasmussen ~R. Roger s ~ ~--M .Savage ' ~K .Sipprel 1 ~ ;Stal lman ~ .Svoboda ~_~_E .Vanecek ~_~R .t~i 1 1 lams ~_T .~illiams ~ .~oytcke DRILL REPORT Discipline and Teamwork Critique of ~ires Pre-Plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation ~earing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : O Excused X Unexecused 0 Present / Not Paid Ii . p E a s o N N E · '~V~ ~\1%-3. Andersen G.Anderson .8abb D Boyd .Cagey S.Collins ~l~--R.Engelhart ~;/~t...~$'Ericks°n .Grady ~.Grady ~\l~-B.Gustafson C.Henderson ~ ~¥_. P.Henry ~%1~'Kryck .Larson 3.Maas ..... ~\1~ 3 .Nafus ~ ~,~ Nelson( ~ Palm ~T Palm ~ Pederson !.Pounder .Rasmussen .Rogers ~,~.L~.~M.Savage ~._K.Sipprell .Svoboda .Vanecek A r-~R.Williams ~..T.Williams I$.,D.~oytcke MOUND FIRE DEPARTMENT tOtAl MAINTENANCE FOR MONTH OF /~gg/ J. ANDERSEN / G. ANDESON P, BABB D BOYD S BRYCE /Y~"' D CARLSON 3~/¢ J CASEY S COLLINS B CRAWFORD R. ENGELHART S ERtCKSON D GRADY K GRADY B GUSTAFSON ¢ HENDERSON ~ P HENRY ~ R KRYCK ~"~- J LARSON MEN ON DUTY TOTAL HOURS ~;"~/~" J. NAFUS NELSON //~ G. PALM ~?~ M. PALM T. PALM G. PEDERSON C. POUNDER T. RASMUSSEN R, ROGERS M. SAVAGE K. SIPPRELL B. SVOBO A ~) E. VANECEK / ~ R. WILLIAMS T. WILLIAMS D. WOYTCKE MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT .~,~H OF MARCH 199~ MONII-r MONTH TO DA~ TO DATE C. 0F C~ 61 63 2~ 173 ~OUh'D FI~ 16 14 50 43 ~~ 17 20 ~ 59 {iNNETONKA BEACH FI~ 4 1 5 3 ~G~ ~ 1 5 1 ~!h'METR!STA ~I~ ~ 5 16 9 ~G~ 2 1 5 6 )~oNo F~ ~~ ~7 6 ~G~ 3 2 7 8 ;~O~EWOOD FI~ ~~ 0 1 ~~ ~ 1 3 0 ~FiiNG PARK ~'i~ ~ 5 9 11 ~.~G~ 3 9 20 23 ~U?UAL AID '' F~ ~ 1, 2 2 ~~ O 0 1 1 ~oz~u F~RE C~5nS 32 29 99 75 70~.~U ~RGZNCY C~nS ~9 ~ ~O5 9S ~C~ .2 ~ 5 0 ~SiD~ ~ 3 10 20 A~'~ O 0 1 0 ~ 5 27 16 ~ ~~ 7 4 ~ 16 48 33 ~. OF H~ F!~ ~ 265 1021 969 - MOUND '~G~ ~ 457 1301 1224 MTKA BEACH ~ ~ 24 1~ 22 ~ ~~ 50 203 94 FI~ ~ 100 314 174 - M'TRISTA ~,~G~ 45 19 110 127 ~ 187 119 424 FI~ 97 4~ 313 132 ORONO ~G~ 6~ 32 141 211 ~ 161 77 454 FI~ 0 0 0 28 SHOREWOOD R~G~ 45 23 68 ~ 0 ~ 45 23 68 28 ' $P. PARK ~G~ 67 185 435 473 .F~ o ~o 61 T~ 0 ~O 88 q4 ~9.~.L DRILL HOURS 1 77,5 175 515 7OTAL FIRE HOURS ~8 ~76 ~' -1968 1707 7OTAL EMERGENCY 'HOURS ~SO 740 21~g ~079 ~L F~E & ~G~ ~ 1228 1316 4!50 3786 [UTUAL AID RECEIVED 0 0 0 0 y~ CITY OF MOUND 5341 MAYVVOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 April 3, 1996 TO: FROM: SUBJECT: MAYOR, CITY COUNCIL AND CITY MANAGER GREG SKINNER, PUBLIC WORKS SUPERINTENDENT~:;'5 MARCH 1996 REPORT The first quarter of 1996 is over and it was an expensive quarter. There were a lot of repairs to the big vehicles due to the weather like the ice storms. We also used more material this quarter due to the weather. We hope we don't see this happen again for a long time. Somewhere along the line we are going to have to try to recoup some of the dollars. We may not be doing a few of the small summer projects that were planned. We went sanding twice and plowing twice. As you know, we thought winter was over and into spring. Then we had the last blizzard that dumped seven inches of snow on us. We had to plow and I had to mix 400 ton more salt/sand. We will have to sit with a couple hundred tons through the summer, and that is all right. We did some sweeping before the blizzard came. The parking lots downtown and the sidewalks were done. We will redo them completely as soon as the weather breaks and it is warm enough so that the water won't freeze in the morning to sweep. This is all dependent on the weather. We had our yearly vehicle inspections. There were 8-9 vehicles done this year and everything passed. New brakes may be needed on the tandem. Maintenance was completed before the inspections. WATER They read meters and helped the Street Department with the snow removal. printed on recycled paper Public Works Department Monthly Report April 3, 1996 Page 2 SEWER There was a force main break on Northern Road. It was a big job as it is near the channel and we ran into water while digging. It took six of us and Widmers and Sullivans to pump the station out to repair it. It was an all day deal. BRUSH/WOOD We met with Minnetrista, Wayzata and Minnetonka Beach and with the people that do the chipping for the City. We are trying to find a site for all of these cities to get into a joint composting site. As of right now, we are still looking for some land to do this. PERSONNEL We hired Dan Grady on March 11, 1996. He had been a part time employee since December. He replaces Dick Johnson who had retired due to medical reasons. GS:ls City of Mound Monthly Report Utilities Month of: March 1996 Residential Commercial 04/03/96 U ti l ity - 96 Total No. of Customers: Water Sewer Water Used' (in 1,000 gallons) 1,069 122 1,191 1,073 122 1,195 16,511 3,328 19,839 Billing: Water $25,517 $4,819 Sewer $50,160 $12,931 Recycle $4,935 $105 Total $80,612 $17,855 Payments: Water $27,732 $4,512 Sewer $55,413 $11,590 Recycle $4,949 $99 Total $88,094 $16,201 $30,336 $63,091 $5,040 $98,467 $32,244 $67,003 $5,048 $104,295 LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle ChiefLen Harrell Monthly Report for March 1996 The police department responded to 1254 calls for service during the month of March. There were 24 Part I offenses reported. Those offenses included 1 robbery, 3 burglaries, 19 larcenies, and 1 vehicle thett. There were 47 Part II offenses reported. Those offenses included 5 child abuse/neglect, 1 forgery/NSF check, 1 weapons, 3 narcotics, 4 damage to property, 1 liquor law violation, 3 DUI's, 4 simple assaults, 5 domestics (0 with an assault), 6 harassment, 6 juvenile status offenses, and 8 other offenses. The patrol division issued 126 adult citations and 7 juvinile citations. Parking violations accounted for an additional 95 tickets. Warnings were issued to 117 individuals for a variety of violations. There was 1 adult and 17 juveniles arrested for felonies. adults and 18 juveniles arrested for misdemeanors. additional 10 warrant arrests. There were 16 There were an The department assisted in 6 vehicle accidents, 1 with injuries. There were 24 medical emergencies and 40 animal complaints. Mound assisted other agencies on 5 occasions in March and requested assistance 13 times. Property valued at $15,101 was stolen in March. MOUND POLICE DEPARTMENT MONTHLY REPORT - MARCH 1996 II. INVESTIGATIONS III. Jason Swenson has been assigned to investigations with Troy Denneson to replace the vacancy created by Todd Truax being promoted to sergeant. There were 8 child protection issues and 1 criminal sexual conduct case accounting for 45 hours of investigative time in March. Other cases investigated included bank robbery, burglary, theft, arson, assault, stalking, narcotics possession, adult protection, damage to property, harassment, snowmobile thefts, and absenting. Formal complaints were issued for felony theft and forgery involving jewelry and stolen checks, assault, minor consumption, disorderly conduct, and misdemeanor theft. Personnel/Staffing The department used approximately 34 hours of overtime during the month of March. Officers used 21 hours of comp-time, 54 hours of vacation, 26 hours of sick time, and 4 holidays. Officers earned 32 hours of comp-time. Rick Maki resigned in March to pursue a full-time opportunity. IV. ~ Three officers attended training in Use-of-Force and OSHA requirements through PTAC. All officers attended Diverse Tactics training in March. Sgt. Truax attended a community oriented policing two day seminar. The Mound Police Reserves donated 101 hours during the month of March. One officer graduated from the Hennepin County Sheriffs Auxiliary Police 10 week course. MOUND POLICE DEPARTMENT MONTHLY REPORT - MARCH 1996 VI. Community Service Officers Officers Maki and Paschke addressed 16 animal complaints, 16 ordinance violations, and 63 miscellaneous calls for service. Two citations were issued in March. MOUND POLICE DEP~RTMENT MARCH 1996 Om~NSES CLEARED EXCEPT- CLEARED BY ARRESTED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV PART I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 3 0 1 2 0 3 19 0 1 5 1 9 1 0 0 0 0 5 0 0 0 0 0 0 TOTAL PART II CRIMES Child Abuse/Neglect 5 Forgery/NSF Checks 1 Criminal Damage to Property 4 Weapons 1 Narcotic Laws 3 Liquor Laws 1 DWI 3 Simple Assault 4 Domestic Assault 0 Domestic (No Assault) 5 Harassment 6 Juvenile Status Offenses 6 Public Peace 3 Trespassing 0 All Other Offenses 5 24 0 3 7 I 17 3 0 1 2 0 0 0 0 1 0 3 0 0 0 1 1 0 0 3 4 0 0 1 1 0 0 3 3 0 0 3 1 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4 0 0 1 2 1 0 0 0 0 0 0 4 3 TOTAL 47 4 3 25 16 18 PART II & PART IV Property Damage Accidents 5 Personal Injury Accidents 1 Fatal Accidents 0 Medicals 24 Animal Complaints 40 Mutual Aid 11 Other General Investigations 1,081 TOTAL I, 162 HCCP 5 Inspections 16 TOTAL 1,254 4 6 32 17 35 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT MARCH 1996 GENERAL ACTIVITY SUMMARY THIS YEAR TO LAST YEA/~ MONTH DATE TO DATE Hazardous Citations 73 Non-Hazardous Citations 54 Hazardous Warnings 21 Non-Hazardous Warnings 71 Verbal Warnings 77 Parking Citations 95 DWI 3 Over .10 3 Property Damage Accidents 5 Personal Injury Accidents 1 Fatal Accidents 0 Adult Felony Arrests 1 Adult Misdemeanor Arrests 26 Juvenile Felony Arrests 17 Juvenile Misdemeanor Arrests 18 Part I Offenses 24 Part II Offenses 47 Medicals 24 Animal Complaints 40 Ordinance Violations 16 Other Public Contacts 1,081 131 126 72 171 197 288 8 6 19 5 0 13 74 23 54 69 166 86 108 71 2,235 250 188 59 145 161 160 8 7 23 9 0 3 72 7 17 54 149 84 121 51 1,495 TOTAL 1,697 3,922 3,063 Assists 75 222 197 Follow~Ups 31 114 98 HCCP 5 18 8 Mutual Aid Given 5 38 35 Mutal Aid Requested 13 38 39 .' I yf MOUND POLICE DEPARTMENT MARCH 1996 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt MV/ATV Miscellaneous Tags TOTA~ ~ULT 3 3 0 7 2 49 2 0 6 1 7 1 12 0 13 0 1 95 1 2 0 6 0 10 221 JUVENI~ 0 0 0 0 0 3 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 1 0 7 MOUND POLICE DEPARTMENT NL~RCH 1996 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAJ~ WARRANT ARRESTS Felony Misdemeanor AUult 40 13 36 1 3 2 0 0 0 7 102 0 10 6 1 7 0 0 0 0 0 0 1 15 0 0 Run: 2-Apr-96 9:15 PRO03 MOUND POLICE DEPARTMENT Page 1 Primary ]SN's only: No Date Reported range: 02/26/46 - 03/25/96 Activity codes: AL[ Property Status: All Property Types: All Proporty Descs: Alt Brarx~s: Att Models: Att Officers/Badges: Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Inc no ISM Pr Desc S# Prop Date Rptd Stolen Date Recov'd Stat Stolen Value Recov'd Value Quantity Act Code B Prop type Totals: E Prop type Totals: Prop type Totals: J Prop type Totals: 0 Prop type Totals: R Prop type Totals: S Prop type Totals: T Prop type Totals: V Prop type Totals: W Prop type Totals: X Prop type Totals: Y Prop type Totals: **** Report Totals: 868 468 4.000 31 31 4.000 7,000 0 1.000 170 0 2.000 1,050 1,000 2.000 850 0 5.000 1,420 0 2.000 257 0 3.000 300 0 1.000 50 0 1.000 3,100 0 4.000 5 5 2.000 15,101 1,504 31.000 Brand Modet Off-1 Off-2 Assnd Assnd Run: 27-Mar-96 14:33 CFS~ Prf~ry lSN's only: No range: 02/26/96 - 03/25/96 each day: 00:00 - 23:59 Iow Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids; All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Ca[ts For Servfce INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9000 9001 9002 9012 9014 9016 9019 9022 9023 9026 9030 9034 9036 9038 9040 9041 9100 9140 SPEEDING J-SPEEDING NO D/L, EXPIRED D/L OPEN BOTTLE STOP SIGN FAILURE TO YIELD iQUIPMENT VIOLATION J'EQIPMENT VIOLATION EXHIBITION DRIVING J-EXHIBITION DRIVING OVER THE CENTER LINE CROSSWALK VIOLATION STOP ARM VIOLATION OBSTRUCTED VISION ALL OTHER TRAFFIC NO SEATBELT J-NO SEATBELT PARKING/ALL OTHER NO PARKING/WINTER HOURS ~AS/DAR/DAC PLATES/NO-IMPROPER-EXPIRED NO INSURRNCE/PROOF OF 49 3 2 2 7 1 11 1 1 1 1 1 1 1 3 6 1 9 7 6 13 9210 9220 Page Run: 2?-Mar-96 14:33 CFS08 Primry ISN's only: No Date Reported range: 02/26/96 - 03/25/96 Ti~ range each day: 00:00 - 23:59 How Received: A[[ Activity Resulted: Dispositions: All Officers/Badges: Ali Grids: All Patrol Areas: Days of the ueek: ACTIVITY COOE DESCRIPTION 9221 J-NO INSURANCE/PROOF OF 9240 CHANGE OF DOMICILE 9300 LOST ARTICLES/OTHER 9301 LOST PERSONS 9310 FORFEITURES 9312 FOUND ANIMALS/IMPOUNDS 9313 FOUND PROPERTY 9314 FOUND VEHICLES/IMPOUNDED 9450 PROPERTY DAMAGE ACCIDENTS 9451 H/R PROPERTY DAMAGE ACC. 9561 DOG BITE 9563 DOG AT LARGE 9566 ANIMAL ENFORCEMENT TICKETS 9710 MEDICAL/ASU 9730 MEDICALS 9732 MEDICALS/CI 9800 ALL OTHER/UNCLASSIFIED 9801 DOMESTIC/NO ASSAULT 9802 PUBLIC ASSIST 9900 ALL HCCP CASES 9904 OPEN DOOR/ALARMS 9911 JUVENILE' STATUS OFFENSES HOUND POLICE DEPARTMENT Enfors Ca%Is For Service %NC%DENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS 1 6 1 2 1 2 5 2 5 1 3 1 2 4 19 1 5 5 1 5 3 3 Page Run: 27-Mar-96 14:33 CFS08 Primary l$N's on[y: No Datea~ported range: 02/26/96 - 03/25/96 Tin__ge each day: 00:00 - 23:59 ~m'tlow Received: Ali Activity Resulted: Ail Dispositions: ALL Officers/Badges: Ali Grids: ALL Patrol Areas: Ali Days of the week: AIl MOUND POLICE DEPARTMENT Enfors Ca[iS For Servfce INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 4 1 1 1 10 7 4 1 2 4 1 1 1 1 1 1 1 1 2 1 9930 HANDGUN APPLICATION 9931 HANDGUN DENIALS 9944 UNWANTED GUEST 9950 INFO/INT 9980 WARRANTS 9992 MUTUAL AID/8100 AID/ ALL OTHER A5352 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC A5353 ASLT 5-MS-INFLICT BD HRM-HANDS-ADULT-STR A5354 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-FAM A5355 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-ACQ B3434 BURG 3-UNOCC RES NO FRC-D-UNK WEAP-COM THEFT B3494 BURG ~-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT B3794 BURG 3-UNOCC NRES FRC-U-UNK WEAP-COM THEFT C3941 FORGERY-MS-OTH ACT-MONEY-PERSON D2540 DRUGS-SCH I NON NARC-POSSESS-MARIJU-UNK CHAR D8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSiON I3060 CRIM AGNST FAM-MS-NEGLECT OF A CHILD J3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR S-AL 10 MORE-UNK INJ-UNK VEH M3005 JUVENILE-USE OF TOBACCO M4199 LIOUOR - OTHER Page Run: 27-Mar-96 14:33 CFS08 Primary ISN's on[y: No Date Reported range: 02/26/96 - 03/25/96 Time range each day: 00:00 - 23:59 How Received: Att Activity Resulted: At[ Dispositions: Al] Officers/Badges: Grids: ALL Patrol Areas: AL[ Days of the week: AL[ MOUND POL%CE DEPARTMENT Enfors Ca]Is For Service ]NC]DENT ANALYSIS BY ACTIVITY COOE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS M5350 JUVEN%LE-RUNA~AY 4 M6501 DRUG PARAPHERNAL]A-POSSESS]ON 1 N1310 DISTURBIHG PEACE-FE-STALKING-UNKNOt4N 1 N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT 2 N3070 DISTURB PEACE-MS-PUBLIC NUISANCE 1 N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 6 P2110 PROP DAMAGE-GM-PRIVATE-UNK INTENT 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 2 P3120 PROP DAMAGE-MS-PUBLIC-UNK INTENT 1 R2535 ROBB-AGG-NO BH-RESIDEN-KNIFE CUT-CHILD-ACQ 1 TC059 THEFT-501-2500-FE-YARDS-OTH PROP 1 TC159 THEFT-501-2500-FE-MOTOR VEH-OTH PROP 1 TF159 THEFT-201-5OO-GM-MOTOR VEH-OTH PROP 1 TG021 THEFT-LESS 200-MS-BUILDING-MONEY 1 TG029 THEFT-LESS 200-MS-BUILDING-OTfl PROP 2 TG159 THEFT-LESS 200-MS-MOTOR VEH-OTHER 3 U1497 THEFT-FE-BICYCLE-NO MOTOR-201-500 1 U3288 THEFT-MS-SHOPLIFTING-200 OR LESS 4 U3289 THEFT-MS-SHOPLIFTING-35000-OR MORE 1 U3348 THEFT-MS-TELECOMMUNICATN SRV-200 OR LESS 1 U3497 THEFT-MS-BICYCLE-NO MOTOR-201-500 2 U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS I Page Run: 27-Mar-96 14:33 CFS08 Priory ISN's only: No range: 02/26/96 - 03/25/96 le each day: 00:00 - 23:59 Received: A[t Activity Resulted: All DisposJt(ons: ALt Officers/Badges: ALL Grids: ALL Patrol Areas: ALl Days of the week: AtE ACTIVITY CODE DESCRIPTION MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS Page VA024 TNEFT-VEH-MORE THAN 2500-FE-THEFT-SNOW ~3599 WEAPONS-MS-CARRY TRANS-OTHER-UNLA~ PURPOS X3080 CRIM AGNST ADMN JUST-MS'OBST LEGAL PROCESS Report Totals: 385 Run: 2?-Mar-96 9:36 OFF01 Primary ISN's only: No Date Reported range: 02/26/96 - 03/25/96 Time range each day: 00:00 - 23:59 Dispositions: Att Activity codes: AIl Officers/Badges: AL[ Grids: AL[ MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page I ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED A5352 ASLT 5-MS-INFLICT BO HRM-HANDS-ASLT-AC 1 0 1 0 1 0 0 1 100.0 A5353 ASLT 5-MS-INFLICT BO HRM-HANDS-ADULT-STR 2 0 2 1 0 1 0 1 50.0 A5354 ASLT 5-MS-INFLICT BD NRM-HANDS-CNLD-FAM 4 2 2 1 1 0 0 1 50.0 A5~55 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-ACO 1 0 1 0 0 1 0 1 100.0 83434 BURG 3-UNOCC RES NO FRC-D-UNK WEAP-COM THEFT 1 0 1 0 0 1 0 1 100.0 83494 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT 1 0 1 0 0 0 1 1 100.0 83794 BURG 3-UNOCC NRES FRC-U-UNK NEAP-COM THEFT I 0 1 1 0 0 0 0 0.0 C3941 FORGERY-MS-OTH ACT-MONEY-PERSON 1 0 1 1 0 0 0 0 D2540 DRUGS-SCH 1 NON NARC-POSSESS-MARIJU-UNK CHAR 1 0 1 0 1 0 0 1 100.0 D8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION 1 0 1 0 1 0 0 1 100.0 I3060 CRIM AGNST FAM-MS-NEGEECT OF A CHILD 1 1 0 0 0 0 0 0 0.0 J3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR 3 0 3 0 3 0 0 3 100.0 J3EO0 TRAF-ACC-MS-AL 10 MORE-UNK [NJ-UNK VEH 3 0 3 0 3 0 0 3 100.0 M3005 JUVENILE-USE OF TOBACCO 2 0 2 0 0 0 2 2 100.0 M4199 LIQUOR - OTHER I 0 1 0 1 0 0 1 100.0 M5350 JUVENILE-RUNAWAY 4 0 4 0 0 4 0 4 100.0 M6501 DRUG PARAPHERNALIA-POSSESSION 1 0 1 0 1 0 0 1 100.0 N1310 DISTURBING PEACE-FE-STALKING-UNKNOIJN 1 0 1 1 0 0 0 0 0.0 N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT 2 0 2 0 1 1 0 2 100.0 N3070 DISTURB PEACE-MS-PUBLIC NUISANCE 1 0 I 0 0 0 I I 100.0 N3190 DISTURB PEACE-MS-HARRASSING COHMUNICATIONS 5 0 5 5 0 0 0 0 P2110 PROP OAMAGE-GM-PRIVATE-UNK INTENT 1 0 1 0 0 1 0 1 100.0 P3110 PROP DA~AGE-MS-PRIVATE-UNK INTENT 2 0 2-- 0 0 2 0 2 100.0 Run: 2?-Nar-96 9:36 OFF01 Primary [SN~s on[y: No range: 02/26/96 - 03/25/96 each day: 00:00 - 23:59 Dispositions: Alt Activity codes: All Officers/Badges: At[ Grids: AIl MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING P3120 R2535 TC059 PROP DAMAGE-MS-PUBLIC-UNK INTENT ROBB-AGG-NO BH-RESIDEN-KNIFE CUT-CHILD-ACQ THEFT-501-2500-FE-YARDS-OTH PROP TC159 THEFT-501-2500-FE-MOTOR VEH-OTH PROP THEFT'201-5OO-GM-MOTOR VEH-OTH PROP THEFT-LESS 200-MS-BUILDING'MONEY THEFT'LESS 200'MS'BUILDING-OTH PROP THEFT-LESS 200-MS-MOTOR VEH-OTHER THEFT-FE-BICYCLE-NO MOTOR-201-500 THEFT-MS-SHOPLIFTING-200 OR LESS THEFT-MS-SHOPLIFTING-35000-OR MORE THEFT-MS-TELECOMMUNICATN SRV-200 OR LESS THEFT-MS-BICYCLE-NO MOTOR-201-500 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS THEFT-VEH-MORE THAN 2500-FE-THEFT-SNOW WEAPONS-MS'CARRY TRANS-OTHER-UNLAW PURPOS CRIM AGNST ADMN JUST'MS-OBST LEGAL PROCESS ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED TF159 TG021 TG029 U1497 U3288 U3289 U3348 U3497 U3498 VA024 W3599 X3080 1 1 0 0 0 0 0 0 0.0 1 0 I 0 0 0 1 1 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 3 0 3 3 0 0 0 0 0.0 1 0 1 0 0 1 0 1 100.0 4 0 4 0 0 4 0 4 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 0 0 1 1 100.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 1 0 0 1 0 1 100.0 **** Report Totals: 65 4 61 24 14 17 6 37 60.6 04/03/1~% 11:18 612--4724435 TOM REESE PAGE 01 LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA 8OULEVARD, SUITE t60 · WAYZATA, MINNESOTA 55391 ° TELEPHONE 612/473-7033 G. Alan Wlllcoft, EXECUTIVE DIRECTOR BOARD MEMBERS Douglas E. Babcock Chair, Tonka Bay Tom Reese Vice Chair, Mound Joseph Zwak Secretary, Greenwood Robert Rascop Treasurer, Shorewood Kent Dehlen Mlnnetonk~ Beach Bert Foster Deal)haven Gretchen Maglich Minnetonka Ouana Markus Wayzata Craig Moiler ViCtOda Crai~ Nalson Sprin~ Park Eugene Pa~yka Minnetdsta Paul Stark Excelsior Hero J. Suer~n Woodland Orono TO: MOUND CITY COUNCIL DATE: APRIL 4, 1996 FROM: TOM REESE, LMCD REPRESENTATIVE SUBJECT: MARCH REPORT- LMCD 1.0 General Items. 1.1 Goose Control, 13 cities have approved funds for the challenge grant. 1.2 The District is seeking to hire a summer student in~m to assist in the PP. for the several high visibility programs that the District is currently involved in. 1.3 The LMCD now has a separate Fax only number. 473-345~ 2.0 Exotic Species Task Force. 2.1 The LMCD has acquired a trailer mounted heated pressure wash outfit. This pinto-type LMCD specified and designed unit meets the requirements to kill larvae and adult mussels when properly used. It uses 140° pressure driven water on the exteriors of boats and trailers, and l a,0P water containing a quaternary solution of ammoniuml to kill mussels in the bilge areas where direct pressure wash is not possible. The procedure has PCA approval. This entire operation, at least for this year will be paid for out of Save the Lake funds. Initial users will be organized fishin.g contests, and commercial boat haulers who transport large boats from the avers to the lake, who have been very cooperative, 2.2 Plans are proceeding for the 1996 harvesting pro.gram. Program employees may be used for the boat washing operauon. The washer can well be used to clean the harvesters also. 3.0 Water Structm'es 3.1 The District has bccn seeking to expedite the approval for the new dock construction necessary to accommodate the steamboat Minnehaha. There remain some some DNR issues that the cities of Excelsior and Wayzata are seeking to resolve in time for sufficient construction to be completed for the inaugural cruise on May 2Sth. The District approved the Wayzata request subject to approval of their final lighting plan. The Excelsior plan was subjected to negativc environmental comments from the DNR concerning lake bottom shading. Thc District fccls this amount is totally insignificant as a percent oft. he total lake littoral area. The width of both structures was taken exception to by the DNR, 1 These compounds are used routinely In hospitals and wet areas of food plants. ~k PQ~ Cm~ummr Wlme 04/03/199G 11:18 G12--4724435 TBM REESE iI PAGE 02 The District feels that one has to trade off enhanced safety for thc large numbers of passengers anticipated for minor and subjective cnvirorlmcntal coacerns. The cities themselves are working these items out with the DNR. 4.0 Lake Use. 4. I The District is having to take back from the Sheriff, some of the special event licensing approval functions because of the need to monitor insofar as possible the introduction to the lake of trailer boats that may have been in infected waters. de MOUnd Specific ItemI None epresentative. LMCD fc: Doug Babcock Alan Willcutt MINI_VFES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION MARCH 25, 1996 Present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Becky Glister, Orvin Burma, and Gerald Reifschneider, City Council Representative Mark Hanus, City Planner Mark Koegler, Building Official Jon Sutherland and Secretary Peggy James. Commissioners Bill Voss and Jerry Clapsaddle were absent and excused. The following people were also present: Fisk. Chris Valerius and Phil MINUTES The Planning Commission Minutes of March 11, 1996 were presented for approval. Mueller requested a statement be added to the bottom of page 2, second to the last paragraph, as follows, "Mueller commented that this is another reason to have a Truth in Housing Ordinance, or at minimum a truth in zoning ordinance, which he has supported for many years. MOTION made by Weiland, seconded by Mueller to approve the Planning Commission Minutes of March 11, 1996 as amended. Motion carried unanimously. CASE 96-09: CHRISTINE V~LERIUS FOR BRICKLEY'S MARKET, 2242 CO~RRCE BLVD., PART OF LOTS 4 - 46, KOEHLER'S ADDITION TO MOUND, PID 13-117-24 33 0073. CONDITIONAL USE PERMIT FOR DRIVE-IN BUSINESS - PUBLIC HEARING. Due to a relationship with the property owner, Michael Mueller stepped down. City Planner, Mark Koegler, reviewed the Planning Report. Brickley's Market is proposing to add a drive-in window. They will offer coffee and various delicatessen items from the drive-in window. The Mound Zoning Code identifies Drive-in Retailing Establishments as a conditional use in the B-1 and I-1 zones. Recognition of a side yard setback variance of 4'+/- will be required. The existing building lies approximately 11 feet from the property line. Code requires a 15 foot side yard setback for all structures in the I-1 zone. Koegler reviewed the proposed traffic pattern. Issues and problems found with their proposal were reviewed. The proposed drive passes over Lot 39 that is owned by another party. Lot 40 contains a catch basin that is in the middle of the drive. A large area would need to be paved with this proposal. Planning Commission Minutes March 25, I996 An alternative would be to use the curb cut that straddles Lots 40 and 41 as the entry point and avoid the awkward movement of passing around the dumpsters, avoiding the catch basin and requiring less new bituminous surfacing. The disadvantage of this alternative is that it reduces the stacking capacity to six vehicles, which is however, probably adequate for the proposed use. Both the alternate entrance and the exit will have a very tight, but minimally adequate turning radii. There are two concerns regarding the existing pattern. First, some protection should be provided for pedestrians on the sidewalk to keep them from walking directly into the path of exiting vehicles. A barrier of some sort that requires people to walk around it at the end of the sidewalk along with a warning sign may satisfy this concern. Second, the head-in parking along the front of the building partially obscures the vision of drivers exiting the drive-in window. Visibility could be enhanced by removing the northernmost parking space along the front of the building. There are three items of concern regarding the drive aisle approach. First, a door on the north side of the building, probably used for deliveries, swings into the path of oncoming vehicles posting a potential safety problem. Secondly, if the door is used for deliveries, is there an alternate location? Delivery vehicles will not be permitted to park in the street. Third, utility meters are located in an enclosure near the location of the proposed drive-in window. According to the survey, part of the existing bituminous surfacing on the north side of the building encroaches onto the public right- of-way for Lynwood Boulevard. There is no physical barrier between the drive aisle and the adjacent sidewalk that creates a potentially dangerous situation for pedestrians along the sidewalk. A barrier could be put in place through the installation of a curb along the drive aisle supplemented by landscaping along the boulevard area. Staff recommended that the Planning Commission recommend approval of the conditional use permit and recognition of the existing building setback variance for Brickley's Market to install and operate a drive-in window subject to the following conditions: The conditional use permit for the drive-in window is approved for the sale of beverage and delicatessen items only. The sale of any other merchandise requires modification of this conditional use permit. Planning Commission Minutes March 25, I996 Se The entrance to the drive-in window shall use the existing curb cut that straddles Lots 40 and 41. New bituminous surfacing shall be added to the entrance area to connect the existing driveway apron with the existing bituminous surfacing along the north side of the building. All areas used as access for the drive-in window shall be either bituminous or concrete surfacing. Consistent with the requirements of the Zoning Code, a concrete curb shall be installed along the north side of the drive aisle serving the drive-in window. A plan for the curb showing sufficient spot elevations to assess site drainage shall be prepared and submitted to the City Engineer for approval prior to any construction. Based on the plan, if the City Engineer determines that a curb will not work in the area due to grades, the applicant shall install a series of decorative bollards along the edge of the pavement. Bollards shall be minimum size of 8" x 8" and shall be spaced 15 feet on center. The bituminous surfacing along the north side of the building including required curbs or bollards shall not be allowed to encroach on the public right-of-way. Existing encroachments shall be removed. The northernmost parking space along the bay of parking in front of the Brickley's Market building shall be removed. Paint stripping on the parking lot surface combined with signage shall identify this location as a "no parking" area. The applicant shall install a bollard-type barrier(s) at the northern end of the sidewalk that runs along the front of the building. A plan for said barrier shall be reviewed and approved by the Building Official prior to any construction. Additionally, the applicant shall paint a crosswalk across the drive aisle delineating a pedestrian connection between the building sidewalk and the sidewalk along Lynwood Boulevard. Signage shall also be placed int he area alerting pedestrians to the location of the drive-in window exiting area. Existing utility meters near drive-in window shall be adequately protected. Consistent with the Zoning Code, the applicant shall install a minimum of three deciduous street trees (min. 2-1/2" caliper) in the boulevard area immediately north of the drive- in window drive aisle. Prior to the time that this item is heard by the City Council, the applicant shall prepare and submit a variance application and accompanying fee addressing the required side yard building setback variance. Planning Commission Minutes March 25, 1996 Reifschneider questioned how wide the boulevard is to the north. It was stated that it is only about one foot wide. Koegler agreed that if it is only one foot wide, it would be difficult to plant trees. Reifschneider questioned the status of the monitoring well located on the property. The applicant confirmed that people have been driving over it. Koegler suggested that bituminous could be added to match the grade around the well. Hanus expressed a concern about the walkway and the blind area at the corner of the building and asked if there is any merit in installing mirrors. Koegler suggested that a physical barrier, such as bollards, may be more effective. Weiland suggested a 3' high wall. Christine Valerius, applicant, stated that she could place a small table and chairs outside in that area on the sidewalk. Koegler emphasized that it is part of staff's recommendation that the applicant return with a plan addressing these concerns. Chair Michael opened the public hearing. Applicant, Christine Valerius, addressed the issues and concerns within the Planning Report. Regarding the door on the side, she will check to see if she can change the hinges so the door will swing open the other way. She stated that not a lot of deliveries are received through that door, and those who do deliver through that door have been told to come during non-peak hours, between 2:00 and 4:00. Valerius is not concerned about the loss of the parking spaces. She would prefer, instead of installing a curb, to install bollards and shrubs. She will make up a plan and give it to Jon before the next council meeting. Valerius suggested that the crosswalk be placed further west and that they can install signage to warn pedestrians about on-coming vehicles. She is not concerned with the limited six car stacking The utility meter box is actually a paper box and she will remove it. She feels there is enough room within the boulevard for shrubs, but not trees. Koegler stated that according to the survey, from the edge of the bituminous to the edge of the sidewalk it appears there is 6 to $ feet of boulevard. Koegler will look at this again before the Council meeting. Valerius will take care of the variance application tomorrow. Valerius expressed a concern regarding the stripping of the parking lot. She said that last year when the stripes were painted, they were done wrong, and the next time they paint she would like to see it done according to the plan. Planning Commission Minutes March 25, 1996 Hanus expressed a concern about deliveries through the north door. Valerius noted that they just put that door on last year. She clarified that the curb extends out about three feet from the wall of the building so there is adequate room to enter the door if there is a car in the drive-up aisle. The Building Official noted that if the occupant load of the store changes, the exiting requirements may also change. The applicant may need to get an architect to look at the building expansion and the exiting requirements. Hanus asked staff to confirm that the swing of the door is out of the drive area either now or before it comes to the Council. Mueller expressed a concern about cutting the asphalt back out of the boulevard. He commented, that when you cut asphalt it tends to chunk and break off if it is not edged or sealed, and if there are to be new plantings he does not feel this should be a concern. Hanus questioned if they need to look at the hardcover situation? Koegler assumes the hardcover is nonconforming, however, like the post office, this request results in a minimal change in the building, and therefore, is a non-issue. Chair Michael closed the public hearing. Weiland commented that he would like condition #7 to remain as written, and require trees to be planted, and then if it is found later that there is not enough room to plant trees it will need to be addressed. Weiland suggested that the EPA or PCA be contacted regarding the monitoring well. We should find out if the well should be removed, or what the status of it is and if it is okay to raise the bituminous grade level with the perimeter. Weiland asked the applicant if she would sell a loaf of bread, milk, or other groceries through the drive-in window. Valerius commented that she would like to have this option. If a customer requests an item that is easily accessible and if there is nobody waiting in line, she will try to accommodate them. She plans to have additional staff of $ to 10 employees. Koegler suggested they add "convenience groceries" to the list of sale items in condition #1. Reifschneider suggested another option for-the drive-aisle exit. He suggested another curb cut be installed east of the existing exit so the traffic pattern would not present a conflict with the sidewalk and pedestrians. Koegler suggested that the City Engineer could look at this possibility. 5 Planning Commission Minutes March 25, 1996 MOTION by Weiland to recommend approval of the Conditional Use Permit for Brickley's Market to operate a Drive-in Retailing Establishment, as recommended by staff, with the following amendments: Condition #6 relating to utility meters be deleted as it is actually a paper box and will be removed by the applicant. Add condition #9 to check on the status of the monitoring well and to verify it is okay to install bituminous around the well as planned. And, if it is determined the monitoring well is no longer needed, if it should be removed. Condition #1 should be amended to include "convenience groceries" as a sale item. MOTION seconded by Hanus with a friendly amended that they look at additional barrier material at the end of the sidewalk. MOTION carried unanimously. Those in favor were: Hanus, Reifschneider, Weiland, Michael, Glister, and Burma. This request will be heard by the City Council on April 9, 1996. CASE 96-10: RICHARD MCCARTHY, 4877 HANOVER ROAD, LOTS 9, 10, & 3' OF 8, BLOCK 16, DEVON, PID 25-117-24 11 0148. VARIANCE FOR GARAGE. Building Official, Jon Sutherland, reviewed the Staff Report. The applicant is seeking a variance to recognize the existing nonconforming dwelling in order to allow construction of a conforming 20' x 24' detached garage. The existing nonconforming setbacks are: Required Existing Variance Front 20' 15' 5' Rear 15' 6.8' 8.2' Mueller asked that staff verify that the dwelling has its own sewer and water service. Reifschneider expressed a concern about the existing pine trees and if they will be removed with construction of the garage. Staff confirmed that there is nothing in the ordinance that prohibits removal. Reifschneider asked if the garage on Parcel B is the same garage that was required to be removed according to Resolution #83-43. Staff will check into this issue. 6 Planning Commission Minutes March 25, 1996 ... MOTION by Mueller, seconded byReifschneider to recommend approval of the variance, as recommended by staff, subject to verification that this property has its own sewer and water service and to ask if the applicant if he is planning on removing the tree. Motion carried unanimously. STREAMLINING VARIANCES. City Planner, Mark Koegler, distributed copies of his report on Variance Streamlining. Koegler reviewed the variance streamlining history. NUMBER OF VARIANCES BY YEAR: 1990 1991 1992 1993 1994 1995 ..................... 48 ..................... 41 ..................... 49 .................... 30 233 VARIANCE ACTIONS: APPROVED ................. 225 DENIED .................... 4 WITHDRAWN ................... 3 TABLED ................... 1 (96.5% approval rate) APPROVED VARIANCES WITH NONCONFORMING SITUATIONS: NEW IS CONFORMING .............. 117 NEW IS NONCONFORMING ............. 70 NEW CONTINUES NONCONFORMING SITUATION (BUT DOES NOT EXPAND IT) .......... 39 LOTS WITH EXISTING NONCONFORMING: FRONT SETBACKS ............... 125 SIDE SETBACKS ................. 84 LAKE SETBACKS ................. 30 LOT AREA ................... 26 STREET FRONTAGE ................ 23 FRONT SETBACKS TO DETACHED STRUCTURES ..... 22 REAR SETBACKS ................. 20 SIDE SETBACKS TO DETACHED STRUCTURES ..... 11 Planning Commission Minu:as March 25, 1996 VARIANCES BY SUBDIVISION SHADYWOOD POINT ................ 32 DEVON ..................... 15' DREAMWOOD .................. 15 WYCHWOOD ................... 13 HIGHLANDS ................... 13 AVALON .................... 12 PEMBROKE ................... 6 Koegler commented that number of variances in Shadywood Point is no great surprise. Sutherland asked Koegler if he knew the approval rating on new conforming situations. Koegler indicated that it is probably 100% however he does not have the information to obtain the exact number. APPROVED VARIANCES IN R-1 ZONE ........... 93 FRONT .................... 51 SIDE .................... 32 REAR ..................... 6 LOT SIZE .................. 15 STREET FRONTAGE ................ 14 APPROVED VARIANCES IN R-iA ZONE .......... 85 FRONT .................... 50 SIDE ..................... 37 REAR ..................... 9 LOT SIZE ................... 7 ST FRONTAGE .................. 7 CASES RESULTING IN THE REMOVAL OR RELOCATION DETERIORATING AND/OR NONCONFORMING STRUCTURES: OF 1990 1991 1992 1993 1994 1995 (6.9% of all variance cases) Koegler reviewed two streamlining statements that were originally recommended by the Planning Commission and how the last six years of variance history would have been impacted by these statements. As a result, approximately 17% of all variances cases would have been affected by the proposed streamlining statements. Planning Commission Minutes March 25, 1996 Koegler explained that no other evident pattern jumped out from the statistics gathered. Most variance requests were for front and side setbacks and for accessory structures. However, many of these have two or more reasons for needing a variance. Streamlining statement #2 only allowed for one nonconforming situation per property. If two nonconforming situations were allowed, it may boost the number some, but not by a great deal. The development pattern in Mound is relatively set. If a streamlining method is developed, it will have to have an impact. Weiland questioned how you weigh this to what we have gained by getting things removed. Koegler asked if the number of nonconforming structures that have been removed is enough to warrant variance streamlining. Koegler indicated that they will have to decide if the affect is significant enough to proceed. Sutherland emphasized that of 117 of the variance that had new conforming construction, virtually 100 percent of these cases were approved, and the homeowner is burdened by going through this process. Weiland stated that if people want to vary from the rules, they should have to go through the process. He is definitely opposed to streamlining statement #2, and maybe #1. He feels the end result would eventually be more variances. Reifschneider suggested that if the variance falls under either of the proposed streamlining methods, then maybe those cases could just be reviewed by the Planning Commission and not the Council. Hanus expressed a concern that if the Planning Commission becomes the ultimate board of review, they could become a political body. Sutherland commented that he has looked at other city's ordinances and noted that in Prior Lake the Planning Commission has the authority to issue variances, and if a variance is denied, the applicant has the right to appeal to the Council. Mueller feels it is not a bad idea to give the Planning Commission the authority to approve variances, and emphasized that this would shorten the review process for the applicant by a couple of weeks. Hanus expressed two concerns with this the Planning Commission becoming the Board of Appeals. First, he is afraid that the council would loose track of and knowledge of what is going on, and second, he does not believe this would reduce the frustration for the applicant. Hanus recalled one of the initial reasons that streamlining is being considered; the variance fee of $50.00 does not cover the cost expended by the City to process the variance. Mueller emphasized that it is absurd to make people go through the variance process for easy cases. Reifschneider believes it is good for people to go through the process. 9 Planning Commission Minutes March 25, 1996 Hanus reiterated that the Council has asked for the Planning Commission's assistance on how to reduce variances. Michael, Glister, Reifschneider and Weiland agreed that discussing the issue of streamlining is not worth their time and effort if only 1 out of 6 variances would not be required. Weiland emphasized that there is not enough gain for the good. Koegler reviewed that the council has directed they look at this issue. The Planning Commission could recommend approval or denial of the options presented, or bring other suggested options to the table. Mueller commented that if streamlining will help 6 people per year, that would be 40 people in the last 6 years, that this is significant enough. He does not feel people should have to go through the process for a 12 second review by the Planning Commission. Mueller moved to table discussion on the Streamlining of Variances to allow for the new members to have the opportunity to review the history on this issue. Weiland seconded the motion. Motion carried unanimously. Staff is to give the new members background information on this topic. Hanus asked that this issue be placed on the next possible meeting agenda. Mueller also noted that the would like Clapsaddle and Voss to be in attendance for discussion on this issue. CITY COUNCIL REPRESENTATIVE'S REPORT The request for abutting status from Richard Jacobson was reviewed. MOTION made by Weiland, adjourn the meeting at unanimously. seconded by Reifschneider, to 9:26 p.m. Motion carried Chair, Geoff Michael Attest: 10 MINUTES - ECONOMIC DEVELOPMENT COMMISSION - MARCH 21, 1996 The meeting was called to order at 7 A.M. Members present: Meisel, Brewer, Willette, Jensen, and Longpre. Absent and excused: Pietrowski. Also absent: Stan Drahos. Also present: Sharon McMenamy-Cook, Ex-Officio non-voting member; Bruce Chamberlain, Economic Development Coordinator; Kathy Warner, City of Mound Intern; Gino Businaro, Finance Director and Ed Shukle, City Manager. Upon motion by Brewer, seconded by Willette and carried unanimously, the minutes of the February 15, 1996 meeting were approved. Updates were given on the Lost Lake Improvement Project and Auditor's Road Improvement Project by Bruce Chamberlain and Ed Shukle. Bruce Chamberlain indicated that the environmental documents are being worked on and more information will be available at the next meeting. Ed Shukle reported that Evergreen Land Services has been hired to negotiate the properties for purposes of right-of-way acquisition. Other related issues involved discussion with regard to better communication on the Mound Visions Project. It was suggested that updated conceptual drawings be provided for a kiosk which could be moved from place to place around the City. Also discussed were a video presentation and more information in The Laker. City Manager Ed Shukle provided an update on the Westonka Community Center. He indicated that the Task Force is still pursuing the demolition of the existing building and construction of a new community center with the possible partnership with a private fitness company. It was suggested that more information be provided through The Laker on what is exactly happening with this project. Sharon McMenamy-Cook is scheduled to bring the rolls at the next meeting scheduled for April 25, 1996, 7 a.m., Mound City Hall. Upon motion by Brewer, seconded by Jensen and carried unanimously, the meeting was adjourned at 8:30 A.M. City Manager ~PR-04-1996 -17:19 FROM TO 947~06~0 P.O1 GEN OLSON A~si~tent Minority l.~adcr Scnator. District .34 119 S~te Officc Building 100 Co~titotion ^vcnu~ ' St. PsuL ~ 55155-1206 (612) 296-1282 Home: 6750 County Road 110 West Mound, Minnesota 553G~. (612) April 4, 1996 TO: FROM: Cities. in District34 ' Oen Olson ~ Legiilative Session is. over Th~ freeze that you feared' didn't happen. 'Senate statc0fMinnesota Nothing of. much Significance did. The property tax freeze favored bY citizens but opposed by local government officials didn't become law. .. ,.. The 1995-96 Legislative seSsiOn Was'ov~ when the Senate adjourned "sine ~ie". Wednesday,' and legislators went their.seParate ways'for rec°Vcry and reflection. Whilemany will prepare for the election in November, a significant number are choosing different.comes for their lives. Others may have that choice made for them November 5th. This.is to say that the 1997 Legislature will clearly be a different legislature... ' The 1997 Legislature will face many challenges.' While efforts were made to address Some of them this year, the pall cast by assorted ethical violations .contributed to an Unwillingness by the DFL leadership to risk aggravating anyone with major policy changes. The citizen resistance to tax.increaseS and.cries for. ProPerty tax mforagrdief are reinforCing the need for major tax and spending policy 'changes. people are not willing .to have an increasing pe~ent~ge of their income taken by government at any level. A scientific poll of registeredvoters revealed a ?9% level of support for fihe Property tax freeze' and 77% believing local government could.manage fora year without'pr0perty tax increases. I share that information because it conveys a Strong message of need for dealing with rapidly increasing property taxes. I, 'personally, believe we nmcl major change in how local services are funded. This issue must be ta~ldeCl in the 1997. Legislative Sess!on. ' The challenges ahead are great' if we are. to meet growing demands effeCtively with the same or fewer resources throughout the areas of government servic.e. i look forward to atten g a co=¢il in thelwee s you prefer that I attend a particular meeting. If I.dOn't heat__ from you, i~ call to arrange an appropriate time. COEibllTI'EF~ · F. ducation ° EnVironment & Natural ReSOUrces-* RUles'and Administ~atlon'° Taxes and Tax L~'s . · . . SERVING: Delano. l:ranklin Township, ~i¢ld, Hanover, Indepcadence, Lo~ La]~e;. Lomtt0, Maple Plain. Marlin, Minnel~ta Mound Orono. Plymouth. RoCkford. Rockford Township. St, Bonifaclus, SlYring Park GOODWILL: MATTRESS: FURNITURE: CARPET: TIRES: APPLIANCES: SCRAP METAL: ELECTRONICS: CITY OF MOUND SPECIAL DAY ~ TURDA Y APRIL 27 1996- 8 AM to 5 PM NO BRUSH ~LL BE ACCE~D ON THIS DAY!! AT ~E LO~ ~ AR~ ON COUN~ ROAD 15 B~EEN SUPE~ME~CA AND ~E PO~ OFfiCE THE FOLLOWING ITEMS WILL BE ACCEPTED: CLOTHING, SMALL WORKING APPL~NCES, GAMES, DOMESTIC ITEMS (PANS, DISHES, ~C.} HARDWARE TOOLS, ~MPS...** THERE IS NO CHARGE ** THERE IS A CHARGE BY SIZE FOR ~CH MATTRESS & BOX SPRING: CRIB $5, SINGLE ~7, DOUBLE ~, QUEEN S9, KING ~10 CHAIRS & RECLINERS 05 ~, LOVES~T COUCH ~6, SOFA $10, HIDE-A-BED SOFA $20 50 CENTS PER SQUARE YARD (JUTE, RUBBER, FOAM PADDING ) CAR $1, PICK UP SIZE $2, ~RGE TRUCK $5, T~CTOR $15 ~CH $10 ~CH this includes washers, d~ers, stoves, furnaces, dishwashers, refrigerators, freezers, water softeners, humidifiers, dehumidifiers, trash compa~ors, garbage disposals, water heaters, microwaves ..... ~15 for AIR CONDITIONERS SWING S~S, ~WN FURNITURE, GRILLS, BICYCLES (with tires $1], AUTO PARTS, SPRINGS, PIPE, M~AL WINDOW FRAMES {no glass), AUTO BAKERIES, ~C. ** NO CHARGE ** $5 ~CH TEL~ISIONS, STEREOS, VCRS, VACUUM CL~NERS, COMPUTERS; No charge for: Telephones, R~ios, Camcorders, Tape Players, This includes rechar~eable and cordless aooliances PHONE BOOKS: A CONTAINER WILL BE PROVIDED AT NO CHARGE BATTERIES: HOUSEHOLD BATTERIES ** FREE ** N~ BINS: IF YOU BRING IN YOUR BROKEN RECYCLING BIN, WE WILL REP~CE IT OR YOU MAY PURCHASE A N~ ONE FOR ~7 FLUORESC~T LIGHT BULBS: 4 ~. $.25,8 FT. $.50 ~CH CONCR~E: 50 cents per construction size block MISC. ff~S: HOUSEHOLD P~STIC, P~STIC TOYS, STYROFOAM, FOAM RUBBER WILL BE CHARGED AT $3 A CUBIC YD. THE FOLLOWING ITEMS WILL NOT BE ACCEPTED: Insulation, window glass, hazardous waste (paint, oil, thinners, etc.) cans, glass, newspaper, cardboard, garbage, leaves, construction waste. I I b~a ANY QUESTIONS, CALL CITY HALL AT 472-0603 ;BRUSH;:~LUMBER OR LEAVES WIE[ BE ::ACCEPTED ON Ti~llS::DATE! April 5, 1996 TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL MARK GOLDBERG, COMMONS TASK FORCE CHAIR RECOMMENDATIONS Implementation of Pilot Proiect for Commons Policy Recommendations. Review Recommendations Implement recommendations at "Pembroke Park Commons Area" of Devon Common (not enough time to do ail of DEVON). 3. Present current Pembroke problems to Council - Dock/Boat congestion Abutting houses close to water and at eye level with water Etc. Recommendation: Maintain nonabutting boats at commons access point using 7-boat multiple dock complex and I non-abutter's own dock (that person has three boats at his dock). Dock Program to pay for a dock complex and partially fund cost of City maintaining the dock complex. - Financials for expanding this program will be presented. 5. Discuss next steps/timetable. 6. Review legal issues regarding encroachments recommendation. I r. I I I rl-m~,m i II 1 I il i I ~ I II I I L___J L__.J I II I, 8 0~;' O- .ggg~z )I!M i r! ~Zw 0o~ X 0 0 0 0 C,,i UJ I i~ i~ ~ i~ oo o o o o ~o I ~ J O~ ~ J ~ ~ 0 0 0 0 0 J ~ .~ ~ I ~ , ~ 0 ~ II ~ j ~ J ~ ~ ~ ~ II J~ ioo ~ j~ ~o o o o o i~ o o jo ~ l~ I ~ I o~ ~ s ~ ~o o o o o I ~ ~ o I o ~ I~ ~ I ~ j ~ ~ I ~ ~ ~ ~ ~ ~ I ~ ~ , ~ , ~ I ~ , ~" -. i o j~ ~ o IO ~ I~ I~ ~ I .... ~ ~ J~ J~ ~ I~ I~ o Iw o , ~ ~ It J ~ ' ~ i J ' I ~' ,I ~ le I l ~ J o o jo ~ ~ ~ ~ ~ ' ~ 0 II ~ j ~ ~ J ~ ~ ~ ~ I ~ I ~ ~ I ~ I~ ~ I~ j~ ~ ~ ~ I~ I~!~ ' ~z~ ~Oz . ~ ( - ~ 0 ~ m m _~ ~ m ~ ~ ~ OX I Z~ ' 0~"' ~ ~ ~ ~ ~ ~ O~ ~ -- ~ ~ m ~W~ ~ W~ ~ ~ W ~W ~ ~ Z~, ~ D WO~ ~ 0 X~ -- u~ ~ ~ ~0 ~ 0 0 D ZW ~wz C) m0_ 0 × W 0 0 0 0 O! I 0 0 0 0 0 0 (~4 0 (3O CD ~' O4 >< °~ u.z~ '~U.I ~0 "r uj April 9, 1996 Mound L~keshore Commons Program Encroaching structures, issues, actions: Attaching responsibility for encroachments to homeowners. Record as encumbrance on property. - Security deposit or bond/letter of credit. - Agreement to accept special assessment, if necessary. Up-front definitions of public nuisance/hinderance requiring action. Identification of increased liability risk beyond currently permitted encroachments (e.g. stairs, decks). Change ordinances (flow chart). Identify acceptable maintenance activities. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: April 9, 1996 Jim Faclder, Parks Director Tom McCaffrey, Dock Inspector Dock Site//02665, Cynthia Cornetet, 1601 Paradise Lane This memo is to highlight the events that were involved with Ms. Cynthia Cornetet's 1996 Dock Application. 4/1/96: A voice mail was left for me from Ms. Cornetet. I assume it was after 3:30 p.m. The last time I checked my voice mail. 4/2/96: I returned Ms. Cornetet's call and she said she knows her application was late and can she have her daughter bring the money over now. I explained that she would be priority three and put on the waiting list. She asked me to make an exception and I explained I don't have that flexibility as I must adhere to the ordinance. I explained that I covered this with her last year and we've had others loose their dock spots under the same circumstances and I must be consistent. She stated that she knows politics are played and if this were a Councilperson's daughter we would accept it. I assured her I would not. She asked about her stairs and I said my understanding is they may be considered public property. She said if she loses the dock spot she will rip the stairs out and that if anyone parks in front of her house to use the dock spot they will be in trouble. She asked who she could go to next, the Mayor or a councilperson and I suggested she start with Jim Fackler, the Parks Director. Ms. Cornetet called Jim Fackler and said she just found out that her assistant sent a check for her about two weeks ago, and it is at city hall and misplaced. She stated she was out of town and her assistant knew how important her dock was to her so she mailed a check. Jim checked with the Finance Department and they had not received this check #5329 from Ruth Miller. Ms. Cornetet was advised that we had not received her check. Ms. Cornetet said she will check with her bank and call in the morning to see if it was cashed. Ms. Cornetet asked for Mayor Polston's telephone number along with Councilmember Ahren's. printed on recycled paper Memorandum Re: Cynthia Cornetet /Ipril 3, 1996 Page 2 4/3/96: Councilmember Ahrens called and reviewed the situation with me regarding Ms. Cornetet, she said she received a call from her and will call her back. Councilmember Ahrens called me back and requested I don't assign the dock space for a few days and to keep the check and envelope on file if we receive one from Ms. Cornetet or Ruth Miller. We did receive an envelope from Everest Securities Inc. on 4-2-96 from Ruth M. Miller with a check for $200.00, and a note explaining why it had been sent. The envelope had the date of 3/26/96 from a business postage meter and was postmarked by the post office on 4/2/96 at 15:36. Jim Fackler called Ms. Cornetet and explained we did receive the check however, it cannot be applied towards her dock license for site//02665 as the envelope was clearly postmarked 4/2/96 and was clearly late. Ms. Cornetet requested that she see the envelope and Jim Faclder faxed it to her. Jim Fackler confirmed with the Minneapolis and Mound Post Offices that if a post-dated letter is received by the post office, they will re-stamp the envelope with the date of receipt. 4/5/96: Phil Klein called and said he heard Ms. Cornetet lost her dock spot. I told him there is a dispute on the date her check was mailed and it is premature to say the spot is open. He asked who will get the spot if it opens up and I said he will. I informed him her next avenue of appeal is the City Council meeting on 4/9/96. Phil Klein said he may show up, but if he doesn't, to let people know he is willing to consider allowing Ms. Cornetet to share the spot if he is assigned the spot. TM:pj March 25, 1996 City of Mound Administration 5341 Maywood Road Mound, MN 55364 RE: Cynthia Cometet's dock rental To whom it may concern: After looking at my calendar, I notice that Ms. Cometet's dock rental is coming due. Being that she is out of the country, I am sending a check for $200 to hopefully cover the expense that is due. If this amount is not adequate, please contact me at our office, at 612-338-1097. Otherwise, Ms. Cometet should be returning soon, and will be contacting yOU. Thank You: Ruth M. Miller ;T, SECURITIES, LNC. Member NASD & SIPC Ruth M. Miller M-460-751-585-579 2930 Norwest Center 90 $. 7th St. Ph. 612-338-1097 Minneapolis, MN 55402 Norwest Bank Minnesota, N.A. mmJk,m Norwest Center · ~...~, - Sixth and Marquette __7~__~BANK~ Minneapolis MN 55479 Memo ~:oq 1,0000 l,q~'- ~q? ~.z~3oo 5 3 2 9 910 · .~2384735 Oo Dollars March 25, 1996 City of Mound Administration 5341 Maywood Road Mound, MN 55364 RE: Cynthia Cometet's dock rental To whom it may concern: After looking at my calendar, I notice that Ms. Cometet's dock rental is coming due. Being that she is out of the country, I am sending a check for $200 to hopefully cover the expense that is due. If this amount is not adequate, please contact me at our office, at 612-338-1097. Otherwise, Ms. Cometet should be returning soon, and will be contacting yOU. Thank You: Ruth M. Miller ;T SEcURrFIES, INC. Member NASD & SIPC Ruth M. Miller M-460-751-585-579 2950 Norwest Center 90 S. 7th SL Ph. 612-338-1097 Minneapolis, MN 55402 Order of ~I Norwest Bank Minnesota, N.A. jmk. ml Norwest Center ~I~J_~. - Sixth and Marquette ~BANK~ Minneapolis MN 55479 ~:Oq l, O000 i,q~: ~-:23oo 5 3 2 9 · ,~2384735 OO Dollars March 25, 1996 City of Mound Administration 5341 Maywood Road Mound, MN 55364 RE: Cynthia Cometet's dock rental To whom it may concern: After looking at my calendar, I notice that Ms. Cometet's dock rental is coming due. Being that she is out of the country, I am sending a check for $200 to hopefully cover the expense that is due. If this amount is not adequate, please contact me at our office, at 612-338-1097. Otherwise, Ms. Cometet should be returning soon, and will be contacting yOU. Thank You: Ruth M. Miller Isc. Member NASD & SIPC Ruth M. Miller M-460-751-585-579 2930 Norwest Center 90 S. 7th St. Ph. 612-338-1097 Minneapolis, MN 55402 Orderof [~_,~ ~'Yl~. C~'~/ / No.est Bank Minnesota, N.A. · ~ No.est Center ~BANKS S~xth and Marquette ~h~ Minneapolis, MN 55479 5 3 2 9 (~2384735 OO Dollars I,~KE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 pm, Wednesday, April 10, 1996 Tonka Bay City Hall pUBLIC HF~LRINO -' ~: 7:00 City of Tonka Bay, Gideons Bay, Tonka Bay, New Multiple Dock License Application for a multiple dock of 20 Boat Storage Units (BSU's) on 1,000' of City owned property adjacent to Woodpecker Ridge Road. C~LL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Babcock READING OF MINUTES- 3/27/96 Regular Board Meeting PUBLIC COMMENTS- Persons in attendance, subjects not on agenda (5 min) CONSENT AGENDA- Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests a discussion of any item, in which case the item will be removed from the consent agenda. WATER STRUCTURE8 A. City of Tonka Bay, Discussion and Consideration of New Multiple Dock license public hearing; City of Wayzata, Review of proposed lighting fixtures, Reconsideration of new Multiple Dock License application with amended site plan; Ce City of Excelsior, Staff recommending the Board declare a negative declaration for an Environmental Impact Statement (EIS) on the EAW, Consideration of new Multiple Dock License application with amended site plan; D® Lakeside Marina, staff recommending approval of 1996 renewal w/o change multiple dock license application; *E. Deicing License Deposit Refunds, refund of 1995 deicing license deposits as outlined in 4/3/96 staff memo in categories A and B; F. Additional Business; 2. LAKE USE ~LND RECREATION *A. Water Patrol Significant Activity Report; B. Additional Business; 3. 8~VR THE LAKE ADVISORY COMHITTEB *&. Minutes of the 4/4/96 meeting (handout); B.4/4/96 meeting report; Additional Business; 4. ADMINISTRATION -- &. Discussion on LMCD ~taff Group insurance Plan; B. Additional Business; $. FIli~NCI~L &. Audit of vouchers for payment; B. Review of 1995 Draft Audit; C. Additional Business; EWM/RXOTIC8 TI~HKFORCR REPORT ?. EXECUTIVE DIRECTOR REPORT 8. NEN BUSINESS 9. 8 lggo REC, EIvE LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 p.m., Wednesday, March 27, 1996 Tonka Bay City Hall ~iB D AFT CALL TO ORDER Chair Babcock called the meeting to order at 7:10 p.m. ROLL CALL Members present: Gretchen Maglich, Minnetonka; Gene Partyka, Minnetrista; Tom Reese, Mound; Robert Rascop, Shorewood; Craig Nelson, Spring Park; Duane Markus, Wayzata; Bert Foster, Deephaven; Doug Babcock, Tonka Bay; Craig Mollet, Victoria; Herb Suerth, Woodland. Also present: G. Alan Willcutt, Executive Director; Charles LeFevere, LMCD Counsel; Gregory Nybeck, Administrative Technician. Members absent: Paul Stark, Excelsior; Joseph Zwak, Greenwood; Kent Dahlen, Minnetonka Beach. Orono has no appointed member. CHAIR ANNOUNCEMENTS There were no chair announcements. READING OF MINUTE.g - 3/13/96 REGULAR BOARD MEETING Reese moved, Partyka seconded to approve the minutes of the regular meeting of 3/13/96 as amended. Babcock noted on Page 3, "Wayzata stated they would consider two access points to shore"; Babcock noted on Page 5, last paragraph before motion in Minnetonka Boat Works agenda item, "it should state the slips being modified are within 100 feet". Motion carried unanimously. PUBLIC COM3gENTS Gabriel Jabbour, owner of Tonka Bay Marina shared upcoming plans at Tonka Bay Marina. First, he noted the marina would accommodate the DNR for boat storage while a fish and wildlife survey is being conducted on Lake Minnetonka. Second, he discussed a proposal:to provide office space and storage facilities to the Water Patrol, on a temporary basis, while their facility is being reconstructed in Spring Park. He added this service would be provided at no charge during this period which he approximated from September of 1996 to May of 1997.- CONSENT AGENDA Reese moved, Partyka seconded to approve the consent agenda as submitted. Motion carried unanimously. (Approved agenda items include: Item lB, 1996 Beer and Wine License Lake Minnetor~ka Conservation District Regular Board of Directors Meeting March 27, 1996 Page 2 Renewals, staff recommending approval for the following charter boats: ; Item lC, Queen of Excelsior and Queen of Excelsior H, staff recommending approval of 1996 "On-Sale" Liquor Licenses; Item 2C, North Shore Marina, staff recommending approval of 1996 renewal w/o change application, subject to payment of $1,672.00). Mollet arrived at this time. LAKE USE AND RECREATION A. Discussion and consideration of the public hearings for new beer and wine license applications for the charter boats: 1). Sunboat I and II MOTION: Reese moved, Suerth seconded approval of beer and wine licenses during 1996 for the charter boats Sunboat I and II. VOTE: Motion carried unanimously. 2). Paradise Grand MOTION: Suerth moved, Reese seconded approval of beer and wine license during 1996 for the charter boat Paradise Grand. VOTE: Motion carried unanimously. 3). Excelsior Park II MOTION: Reese moved, Partyka seconded approval of beer and wine license during 1996 for the charter boat Excelsior Park II. VOTE: Motion carried unanimously. 0 Additional Business There was no additional business. WATER STRUCTURES A. City of Wayzata, Review of proposed lighting plan, consideration of new Multiple Dock License appli.cafion. Foster arrived at this time. Schwalbe reviewed the proposed expansion with the Board. He addressed concerns expressed by the Board at the 3/13/96 meeting. He noted the lighting plan would consist of three lighting sources with the light at the end of the Lake Minnetonka Conservation District Regular Board of Directors Meeting March 27, 1996 Page 3 proposed pier haying a black-out, opaque lens facing the south. He added the other two lighting sources would have a smoke-hammered diffuser to reduce glare to the lake. Babcock asked if it is possible to maintain the high pole fixtures but have the lighting source enclosed? Schwalbe stated the Wayzata City Council explored a shoebox fixture but concluded they would prefer to maintain the downtown lighting theme fixtures on the dock. Reese suggested bringing in a sample fixture for the Board's approval. He noted review of the fixture should be a condition of any approvals. Babcock noted review of the lighting plan is of concern to the Board because the lighting ordinance may be updated in the near future. He added the Board would like to work with Wayzata prior to proposed changes in the Code to ensure future compliance with Code. Schwalbe stated he felt the proposed lighting plan meets the current lighting ordinance. He noted he would be willing to bring the fixture in for future Board review. With regards to emergency access, he noted the proposed pier conforms to Uniform Building Code. He noted there would be two points of access merging into one access point. He addressed the Board's concern with regards to the pointed section at the end of the pier. He stated Wayzata would like to maintain this design to encourage parking at the end of the pier. Babcock explained a letter recently received from Dale Homuth, DNR, expressing concerns with dock widths of both the Wayzata and Excelsior applications. Babcock noted the DNR has requested their concerns be addressed in any LMCD approvals of these applications. He asked LeFevere to comment on Board alternatives. LeFevere noted the Board has three general alternative courses of action when considering these applications. They are: 1) grant the permit; 2) deny or table the permit until the DNR's concerns have been resolved; or 3) approve the permit subject to the applicant's securing a DNR permit. Babcock clarified if the LMCD approved the permits as submitted, both Wayzata and Excelsior would have to secure permits from the DNR since they have the Lake Minnetonka Conservation District Regular Board of Directors Meeting March 27, 1996 Page 4 more restrictive Code in these cases. LeFevere noted the Board could approve the permits without addressing the DNR's concerns. He added this could send a bad message to the DNR because the LMCD is not assisting in DNR Code provisions.. Nybeck stated width is the main concern to the DNR on both proposed projects. He added the DNR is willing to work with the LMCD and the cities to find a compromise on the plans. He noted a meeting has been scheduled for 3/28/96 to work out these compromises. Babcock noted the DNR is also concerned with accessory structures on the dock. He asked Schwalbe if the plan includes any accessory structures such as benches and planters? Schwalbe stated the intent is to have approval on the dock to include benches for people waiting to get on the Minnehaha. Babcock asked LeFevere if this kind of accessory structure is permitted under LMCD Code9. LeFevere replied benches and planters are permitted in the Code, but conditions could be imposed on them. Babcock asked if there are any limitations to size of benches, etc.? LeFevere stated the LMCD would have it under their authority to limit the activities in these areas. Schwalbe stated the benches would be approximately five feet in width. Suerth asked if there would be a tow rail on the handicapped ramp.9 Schwalbe stated the ramp would meet ADA specifications. MOTION: Reese moved, Mollet seconded to approve the new multiple dock application subject to review of the lighting fixtures and DNR approval on the proposed project. Babcock expressed concern with the motion since the application meets LMCD Lake Minnetonka Conservation District Regular Board of Directors Meeting March 27, 1996 Page 5 Be Code requirements. address He added he felt it is most appropriate for the DNR to their concerns since the applicant will need to meet their more restrictive requirements. AMENDED MOTION: Foster moved, Suerth seconded to amend motion to eliminate DNR approval from the motion. Rascop and Maglich expressed concern in eliminating this requirement from the original motion. VOTE ON AlVlENDED MOTION: Ayes (4); Nays (5, Mollet, Rascop, Partyka, Maglich, Nelson). Amended motion failed. Nybeck questioned whether the Board needs to review an amended plan for the City of Wayzata's proposed pier? Babcock stated he believed the Board should review amended plans and give approval on the final structure. VOTE ON ORIGINAL MOTION: Motion carried unanimously. City of Excelsior, staff recommending the Board declare a negative declaration for an Environmental Impact Statement (EIS) on the EAW, Consideration of new Multiple Dock License application. Babcock asked Willcutt to bring the Board up-to-date on this project. Willcutt stated the 30-day comment period with regards to the City of Excelsior's EAW expired today. He added a fax with possible negative comments was received today which stated the dock structure itself (Item 6) and how the size will impact the lake bottom characteristics (Item 12) should be readdressed. Nybeck stated he believed the meeting scheduled for 3/28/96 should address the Lak~ Minnetonka Conservation Disixict Regular Board of Directors Meeting March 27, 1996 Page 6 DNR's concerns outlined by the DNR. He believed the comments parallel the concerns of Hornuth with dock size and noted they should be properly addressed if the structures are reduced in size. LeFevere stated if the Board believes the EAW adequately addresses the environmental concerns, the Board could decide an EIS is not necessary for this project. Babcock noted in the DNR letter they have requested more detail with Item 12. He asked Zieman how it would impact the Excelsior project if the negative declaration on an EIS was tabled until the 4/10/96 Board meeting. Zieman noted the timing of the project would not be delayed significantly since Excelsior plans on constructing the new dock in two phases. He stated Phase I would construct a solid landing at the end of the existing dock. He noted the most significant construction would take place in Phase H next winter when the dock would be completed. Reese questioned why the Board could not approve the docks with similar conditions of the Wayzata dock? Babcock noted the difference is the LMCD is the RGU of an EAW where points of concern have been expressed by the DNR. He added staff will need to make a decision on whether enough detail was addressed in the published EAW with regards to Item 12 within five days. Markus arrived at this time. Partyka suggested it may be appropriate for the Board to direct staff to respond to the DNR's concerns within five days, specifically Item 12. MOTION: Partyka moved, Rascop seconded to direct staff reply in writing to the DNR within five days with regards to Items 8 and 12. LeFevere expressed concern in how staff responds to the DNR's concerns without the Board deciding on how to reply to this letter. Reese suggested it will be difficult for staff to respond to subjective concerns. LeFevere stated the main concern is with the size of the dock. He added they are Lake Minnetonka Conservation District Regular Board of Directors Meeting March 27, 1996 Page 7 asking whether smaller docks have been considered which would be sufficient. Nybeck noted as the RGU in this EAW, the EQB requires the LMCD to respond to all letters commenting on the EAW. He noted the request to reply within five days by the DNR is simply complying with EQB requirements. Babcock stated he would prefer acting on the EIS in two weeks which would allow staff to research it and make a recommendation at the next Board meeting. LeFevere noted staff could respond to them that no formal decision has been made. He added staff will be in a better position to respond after the 3/28/96 meeting to discuss the dock with DNR officials. Maglich stated she understood staff would not need to make comments within five days until a decision has been made with regards to an EIS. Foster suggested it may be premature to make comments on the DNR's letter until the Board declares a negative declaration on an EIS for the EAW. Babcock asked LeFevere if there is a time period to respond to the DNR's comment? LeFevere stated he was unaware of a time period as long as the Board has not made a decision on the EIS. Nybeck stated the EQB requires response to all comments after a decision has been made on an EIS. Mayor Anderson, Excelsior discussed the safety concerns which necessitated the larger dock. He asked for direction from the Board to comment on whether they support the large dock as submitted or whether Excelsior should open the center of the dock to address DNR concerns. Partyka stated his concern is to respond to the DNR following the meeting on 3/28/96 and address the concerns with Items 8 and 12. Babcock stated he believed Willcutt should respond to the DNR's concerns and bring the results to the 4/10/96 Board meeting. Foster stated he believed no response is justified until a negative declaration has Lake Minnetonka Conservation DiStrict Regular Board of Directors Meeting March 27, 1996 Page 8 been made and after the 3/28/96 meeting with DNR officials. supported the larger Excelsior dock as proposed. He added he VOTE: Ayes (7); Nays (3, Mark-us, Mollet and Foster); Motion carried. MOTION: Foster moved, Markus to move a resolution supporting the size of the Excelsior dock for safety purposes. VOTE: Motion carried unanimously. MOTION: Mollet moved to declare a negative declaration on an ElS on the Excelsior EAW. Motion failed for lack of a second. MOTION: Babcock moved, Maglich seconded to place this agenda item on the 4/10/96 Board agenda. VOTE: Motion carried unanimously. D. Additional Business Babcock noted letters were sent out to Lakeside Marina by LeFevere and Nybeck as outlined at the 3/13/96 Board meeting. Foster requested moving back to additional business under Lake Use and Recreation. He noted he has had prior conversations with the new sheriff on less intimidating uniforms for the full time and special deputies. He reported the Water Patrol is willing to allow less intimidating uniforms for the special deputies. He stated the cost to purchase new uniforms for the 35 deputies this summer is around $1,200.00. He recommended using "Save the Lake" funds to purchase these uniforms since the Water Patrol is having internal problems funding these uniforms. He noted the LMCD would be paying for shirts and shorts on a one time basis. MOTION: Foster moved, .Nelson seconded to authorize up to $1,200 of "Save the Lake" funds for the purchase of uniforms for the Water Patrol's special deputies. Babcock suggested this and other future expenditures should be addressed by the Save the Lake Committee prior to Board approval. Lake Minnetonka Conservation District Regular Board of Directors Meeting March 27, 1996 Page 9 Mollet suggested.it appears to be a worthy request. One point he made was how this request would affect future don~ttions. Babcock asked Foster if current special deputies are required to purchase their own uniforms? Foster noted they are. Maglich suggested Hennepin County should share in these costs. Jabbour stated he believed the expenditure is a positive gesture to the Water Patrol. Suerth believed it was a good idea but expressed concerns in the turnover of special deputies. VOTE: Motion carried unanimously. ADMINISTRATION A. Discussion on LMCD Staff Group Insurance Plan Babcock stated Willcutt has proposed a medical for his family with Med One. He stated his preference was to put all employees in a plan with Mr. Breitner or an HMO rather than a cash reimbursement to employees. He suggested Willcutt prepare a finalized health care plan for the LMCD staff for the 4/10/96 Board meeting. Additionally, he stated the Board needs to decide whether the Board should continue with the current LMCD policy relating to payment of Willcutt's premium or revise the policy to cover 2/3 of the total premium similar to Tonka Bay. Willcutt noted after discussions with his family, he proposed Med one rather than Medica since it is more in line with what he can afford of out-of-pocket expenses. He added a policy similar to Tonka Bay would be preferred but acknowledged it would require a policy change. MOTION: Foster moved to table all considerations to the 4/10/96 meeting. Motion failed for lack of a second. Babcock noted conclusion on this issue is near with two basic decisions to be 1 ~ke Minnetonka Conservation District Regular Board of Directors Meeting March 27, 1996 Page 10 Be made at the 4/10/96 Board meeting. Additional Business No action was tal~n. e Reese discussed concerns with the inability to purchase items. He recommended the Board consider a purchase order system. Ma. gl.ich suggested staff come back with a proposed purchasing system at the 4/10/96 Board meeting. MOTION: VOTE: FINANCIAL A. Markus moved, Reese seconded to direct staff to come back with a purchase order system proposal at the 4/10/96 Board meeting. Motion carried unanimously. February financial summary and balance sheet. Willcutt noted a Certificate of Deposit has recently come due and will be rolled over. Be The Board directed Willcutt to see if the LMCD can get a better rate of return on this CD. MOTION: Reese moved, Partyka seconded to approve the financial summary and balance sheet. VOTE: Motion carried unanimously. Rascop expressed displeasure with the rough draft of the audit. He noted a meeting has been scheduled for Monday, 4/1/96 to discuss concerns. He encouraged Board members to attend. Audit of vouchers for payment Rascop reviewed the audit of vouchers for payment. He expressed concern about a late charge for a payment to PERA. Lake Minnetonka Conservation District Regular Board of Directors Meeting March 27, 1996 Page 11 MOTION: VOTE: Babcock moved, Reese seconded to approve vouchers for payment as SUbmitted. Motion carried unanimously. Ce Additional Business There was no additional business. EWM/EXOTICS TASK FORCE REPORT Suerth reported on the following items: Equipment - He reported the high pressure washer and trailer has been purchased for the washdown program. He reported it is a totally self-contained unit that cost $6,500.00 He added staff is working on getting a person to operate the equipment, and sites are being located to begin the program. Foster asked if the unit would be available during special events? He suggested sending information to all permit recipients stating the unit is available. Suerth stated the intent is to offer the machine to all special events. Intern for Summer - Suerth discussed the need for summer public relations intern to work on the zebra mussel and other exotics project. He stated he would contact the U of M and other schools regarding this intern. Nybeck suggested a job description should be developed prior to contacting schools regarding an intern. Mollet suggested this person could assist in developing a slide presentation on the LMCD. Goose Control - Willcutt reported the City of Orono committed to $2,000 over the next two years to participate in this program. EXECUTIVE DIRECTOR REPORT Willcutt reported on the following: Boat Survey - He reported the deadline for response to the RFP's is Monday, April 1. Lake Minnetonka Conservation DiStrict Regular Board of Directors Meeting March 27, 1996 Page 12 S_~ecial Events Permitting Proc~s - He reported four special event permits have been forwarded to the LMCD office. He noted letters will be sent out to each special event regarding the zebra mussel sprayer. Fax Ph0n¢ Number - He reported a new fax phone number has been installed with the phone number of 473-3454. NEW BUSINESS There was no new business. ADJOURNMI*.NT There being no further business, Chair Babcock adjourned the meeting at 9:15 p.m. Doug Babcock, Chair loe Zwak, Secretary ADDRESS: SURVEY ON FILE? REQUIRED STREET FRONTI EXISTING LOT WIDTH: REQUIRED SETBACKS PRINCIPAL BUILD FRONT:,~ S FRONT~I)~, E SIDE: N( S)E SIDE: N~ REAR: N LAKESHORE: TOP OF BLUFF: EXISTING AND/OR ZONE: PRINCIPAL BUILDI FRONT:,,~ S E FRONT~' N] S E REAR: N W LAKESHORE: TOP OF BLUFF: I HAR COVER CONFORMING7 YES/NO/7 This Gefier~ 7oning Information summanze~ OrOinance. For further information, contact the CiW of -117 24 REQ. LOT AREA: OF RECORD? YES sQ FT EXIST. LOT AREA: .~1(~ ~I. TOP OF BLUFF: THISPROPERTYCONFORMING7 YES~7 ~ ~ort~on the requmrements outlined in the City of Mound Zoning Planning Department at 472-0600. · o :3' .HANOVER RD u.., ,~ 220 ' ~ DRU~,,~ONO RD .~ , 0 0 I o o O0 (33