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1997-05-13..................................................................................................................................... ~ ............ ~ ...... .. ==================================================================================================== ~::~ :,:::::~:: ii~iiiii~iii~ ..... Ii ...........................................: AGENDA MOUND CITY COUNCIL TUESDAY, MAY 13, 1997, 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING - PLEDGE OF ALLEGIANCE. PAGE PROCLAMATION DECLARING MAY 18, 1997 AS HAROLD MEEKER DAY IN STATE OF MINNESOTA AND THE CITY OF MOUND ............. 1513-1514 PROCLAMATION DECLARING THE MONTH OF MAY 1997 AS WESTONKA SENIOR CENTER MONTH ................................ 1515-1516 APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. *CONSENT AGENDA: *A. APPROVE THE MINUTES OF THE APRIL 22, 1997 BOARD OF REVIEW AND THE APRIL 22, 1997 REGULAR MEETING .... 1517-1527 *B. APPROVE THE MINUTES OF THE MAY 6, 1997 BOARD OF REVIEW AND MAY 6, 1997 SPECIAL MEETING ............ 1528-1531 *C. RESOLUTION 97- RESOLUTION APPROVING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RE: ALLOCATION OF FUNDS FROM WESTONKA INTERVENTION TO SOJOURNER LOCATED IN THE CITY OF MINNETONKA .......... 1532 *D. RESOLUTION 97- RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE 1997 MUNICIPAL RECYCLING GRANT AGREEMENT ......... 1533-1542 *E. APPROVAL OF VARIOUS PERMITS ..................... 1543-1544 1511 10. 11. 12. 13. APPROVAL OF AN ORDINANCE AMENDING SECTION 235:27, SUBD. 1 OF THE CITY CODE RELATING TO RECREATIONAL FIRES ...................... 1545 *G. PA YMENT OF BILLS ............................... 1546-1569 PUBLIC HEARING: CASE #96-6,~ - REVISED PRELIMINARY PLAT/ PDA/VARIANCES SETON BLUFF, FINE LINE DESIGN GROUP, INC., LOTS 15-32, BLOCK 11, SETON, 19-117-23 22 0036-41 & 54 .......... 1570-1631 PRESENTATION OF 1996 AUDIT - GINO BUSINARO, FINANCE DIRECTOR & STEVE MC DONALD, ABDO, ABDO AND EICK CASE 9%16: GARY NACHREINER, 6056 CHERRYWOOD ROAD, LOTS 6 & 7, BLOCK 9, THE HIGHLANDS, PID#23-117-24 34 0088 REQUEST: VARIANCE FOR GARAGE ADDITION (THIS ITEM WILL BE BEFORE THE PLANNING COMMISSION 5-12-97) ............................................ 1632-1663 REQUEST FOR FINAL PLAT APPROVAL - JOE ZYLMAN, MAPLE MANORS ...................................... 1664-1706 APPROVAL OF MULTIPLE DOCK SLIPS - AMHURST LANE ACCESS (DEVON COMMON) & FAIRVIEW LANE ACCESS ........................... 1707-1716 (Resolution to be handed out Tuesday evening) COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. DISCUSSION: MEMBERSHIP IN THE SUBURBAN RATE AUTHORITY (SRA) .............................................. 1717-1745 .INFORMATION/MISCELLANEOUS: Ao DEPARTMENT HEAD MONTHLY REPORTS FOR APRIL, 1997 .... 1746-1771 B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR APRIL, 1997 .... 1772 Co D. E. F. G. LETTER FROM GENE PETERSON, 6017 RIDGEWOOD ROAD ........ 1773 LETTER FROM PATRICIA MIKULSKI, 3015 DRURY LANE ......... 1774 LETTER FROM PERRY HANSON, 2459 LOST LAKE ROAD ...... 1776-1776 LETTER FROM DORENE HANSON, 2459 LOST LAKE ROAD ..... 177%1778 MEMORANDUM WITH ATTACHMENTS FROM JIM STROMMEN, KENNEDY & GRAVEN AND SUBURBAN RATE AUTHORITY RE: 612 AREA CODE PROPOSED CHANGES ................... 1779-1806 1512 REMINDER: COMMITTEE OF THE WHOLE MEETING, TUESDAY, MAY 20, 1997, 7:30 P.M. REMINDER: CITY OFFICES WILL BE CLOSED ON MONDAY, MAY 26, 1997 IN OBSERVANCE OF MEMORIAL DAY. REMINDER: HRA MEETING, 7:00 P.M., TUESDAY, MAY 13, 1997, CITY HALL PRIOR TO REGULAR CITY COUNCIL MEETING. 1512~ Steve Smith State Representative District 34A Hennepin and Wright Counties Minnesota House of Representatives Committees: Judiciary; Capital Investment; Civil and Family Law Division - Judiciary Representing: Mound, Minnetrista, St. Bonifacius, Spring Park, Independence, Greenfield, Hanover, Rockford, Delano, Rockford Township, Franklin Township April29,1997 Mr. Edward J. Shukle, Jr. Ci~Manager 5341Maywood Road Mound, MN 55364 Dear Ed: RECEIVEB ,-,PR 3 0 1997 Please find enclosed a copy of the original Proclamation for the Harold Meeker Day. I am planning to attend on May 13. Please provide a frame for this document on that day. If you have any suggestions or recommendations, please feel free to call me at my capitol office, 296-9188 or at my home in Mound, 472-7664. Sincerely, Steve Smith State Representative 2710 Clare Lane, Mound, Minnesota 55364 State Office Building, 100 Constitution Ave., St. Paul, Minnesota 55155-1298 (612) 472-7664 (612) 296-9188 FAX (612) 296-8803 ~'; = WI IEREAS: Harold Meeker has served tle City of Mound, our state, and nation with honor; and WItEREAS: Harold Meeker has been a volunteer with Hennepin County's Social Services Volunteer Programs for nearly twenty ?ears providing transportation, offering friendship and recruiting other volunteers to help wit[ the needs of the senior citizens in the western suburbau area; and WItEREAS: l larold Meeker has been inxolved in the development of the "Friends Program" in Mound wlficb helps Iow income families ia a varieiy of ways including providing clothing and food shelves, holiday meals, transportation and occasional financial assistance; and WIIEREAS: ?tarold Meeker was in charge of the first Mound's City Days/City Picnic which resulted in Mound's first "City Day"; and WI IERF~AS: llarold Meeker was cbairpe;son of Mound's City Day 75th Anniversary; and WI IEREAS: 1 larold Meeker has enriched the lives of countless people in the City of Mound through his generous spirit and wonderful volunteer efforts; NOW, THEREFORE 1, AP, NE }1. CARLSON, Governor of the State of Minnesota, do hereby proclaim May 18, 1997 to be Harold Meeker Day in Minnesota. S ARY OF STATE IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this eighteenth day of May in the year of our Lord one thousand nine hundred and ninety-seven, and of the State the one hundred thirty-ninth. GOVERNOR MI I, HOME OF THE WESTONKA SENIOR CITIZENS, INC. · 5600 LYNWOOD BOULEVARD · MOUND, MINNESOTA 55364 (612) 491-8084 RECEIVe-L; ,,,'~', 2 4 1997 April 23, 1997 Mayor Bob Polston Council Members City of Mound Dear Mayor Polston and Council Members, As one of our supporting cities, we hope you feel pride in the work we do to keep the older members of our community healthy mentally and physically and independant in their own homes or apartments. We are coming to you again this year to ask that you declare the month of May as Westonka Senior Center Month in celebration of the national Older Americans Month. We want you to know how appreciative we are for all that you have done for our Center throughout the many years that your city has supported and encouraged us. Respectfully, Westonka Senior Center Friends A Non-profit Organization Serving The Communities Of Mound · Orono · Spdng Park · Minnetrista RESOLUTION NO. RESOLUTION PROCLAIMING WESTONKA SENIOR CENTER MONTH MAY 1997 WHEREAS, we need to realize now, more than ever, what a resource our older Americans are, and that the abilities of older Americans to invest our country with their knowledge, creativity and experience cannot be denied; and WHEREAS, senior centers offer valuable service to the community in providing our senior citizens the benefits of good fellowship, encouragement and support, the opportunity to help themselves and each other, and offering service of access to community services as needed; and WHEREAS, the month of May has been proclaimed Older Americans Month, and the communities across the country are giving special recognition to the role of senior centers; THEREFORE, the City of Mound hereby proclaims the month of May, 1997 as WESTONKA SENIOR CENTER MONTH in our community to honor our senior citizens, and to commend those who staff our senior center and who have been so successful in their efforts to assist our senior citizens to continue their involvement with and contribution to the community. Minutes - Mound City Council - April 22, 1997 MINUTES - MOUND CITY COUNCIL - BOARD OF REVIEW Pursuant to due call and notice thereof, the Board of Review convened in the Council Chambers of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road, in said City on April 22, 1997, at 7:00 PM. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weycker. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Hennepin County Assessor Larry Miller, and Hennepin County Appraiser Stephanie Nyhus. Mayor Polston opened the Board of Review and explained that this meeting is to give property owners a chance to question the value placed on their property by the County Assessor as of January 2, 1997. He explained that each person would be heard and the Board of Review will reconvene Tuesday, May 6, 1997, at 7:00 PM and bring back their final decision on each property. Larry Miller, from the Hennepin County Assessor's Office was present. The Council accepted complaints on taxable market value from residents. The Assessor will then review these properties and bring back recommendations at the May 6, 1997, Reconvened Board of Review. The Council will take action on the total assessment at the May 6, 1997, Meeting. The following persons responded to the call to be heard either in person, by calling and asking to have their name submitted, or by submitting their concerns in writing. They all asked to have the value of their property rechecked because they felt it was too high. 1. PID #19-117-23 32 0160 - JOHN EYERS, 4713 WILSHIRE BLVD. 2. PID #19-117-23 32 0188 - M.D. ANDERSON, 2873 ESSEX ROAD 3. PID #19-117-23 33 0005 - LORRAINE SULLIVAN, 3145 TUXEDO BLVD. 4. PID #13-117-24 22 0088 - R. R. HEDIN, 5420 THREE POINTS BLVD. 5. PID # 13-117-24 22 0064 - RAYMOND ANDERSEN, 5430 THREE POINTS BLVD. 6. PID #24-117-24 44 0021 - MELODY OLSEN, 4873 CUMBERLAND ROAD 7. PID #13-117-24 31 0014 - BUCHI NJAKA, 2186 CEDAR LANE 8. PID #18-117-23 23 0011 - RAY DEMONT, 1936 SHOREWOOD LANE 9. PID #24-117-24 12 0056 - FI YIN MOY, 2458 FAIRVIEW LANE 10. PID #13-117-24 32 0154 - YOUN PING NG, 2208 FERN LANE 1.0 MOTION made by Hanus, seconded by Jensen to reconvene the Local Board of Review on Tuesday, May 6, 1997, at 7:00 PM, in the City Council chambers at 5341 Maywood Road. The vote was unanimously in favor. Motion carried. /377 Minutes - Mound City Council - April 22, 1997 MINUTES REGULAR MOUND CITY COUNCIL MEETING APRIL 22, 1997. The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 22, 1997, at 7:35 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, Park Director Jim Fackler, Building Official Jon Sutherland, and City Clerk Fran Clark and the following interested citizens: Peter Larson, Vickie & Gregory Pederson, Duane Norberg, Shirley Andersen, Sarah Pederson, Paul Brown, Charles Chapman, Walter Neske, Adie & Jan Meuwissen, Gary Nachreiner, Darrell Shore, Thomas & Brenda Berent, Mark Mulvey, John Beauchamp, Julie Andersen, David Andersen, Laura Andersen, Melody Olsen, Rita Pederson, Kent Musser, Celine Watters, Bill Vit, Peter Meyer, Perry Hanson, Katie & Greg Howard, Frank & Betty Weiland, C.J. & Debby Heitz, Ruth Schmudlach, Pam Meyer and Mary Mc Kinley. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1.0 APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. The City Manager asked that a letter from Hennepin County regarding (TANF) Temporary Assistance to Needy Families be added to the regular agenda for discussion. The Council agreed. MOTION made by Weycker, seconded by Jensen to approve the items on the Consent Agenda as presented and approve the Regular Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. *CONSENT AGENDA: *1.1 APPROVE THE MINUTES OF THE APRIL 8, 1997, REGULAR MEETING. MOTION Weycker, Jensen, unanimously. '1.2 APPROVE THE MINUTES OF THE APRIL 15, 1997, COMMITTEE OF THE WHOLE MEETING. MOTION *1.3 '1.4 *1.5 '1.6 ,J iJ,~ , JJ,,,, Weycker, Jensen, unanimously. Minutes - Mound City Council - April 22, 1997 CASE//97-15: MARK MULVEY, 5900 CHESTNUT ROAD, LOT 24, KOEHLER'S 2ND ADDITION, PID//14-117-24 43 0006, VARIANCE FOR NEW DWELLING, MOTION Weycker, Jensen, unanimously. RESOLUTION//97-37 RESOLUTION TO APPROVE A STREET FRONTAGE VARIANCE TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 5900 CHESTNUT ROAD, LOT 24, KOEHLER'S 2ND ADDITION, PID//14-117-24 43 0006, P & Z CASE//97-15 RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSORSHIP OF STATE GRAND-IN-AID SNOWMOBILE TRAIL FUNDS. MOTION Weycker, Jensen, unanimously. RESOLUTION//97-38 RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS BID AWARD: 1997 SEALCOAT PROJECT. MOTION Weycker, Jensen, unanimously. RESOLUTION//97-39 RESOLUTION AWARDING THE BID FOR THE 1997 SEALCOAT PROJECT TO ALLIED BLACKTOP IN THE AMOUNT OF 29,072.00 PAYMENT OF BILLS. MOTION Weycker, Jensen, unanimously. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.7 CASE g97-16: GARY NACHREINER, 6056 CHERRYWOOD ROAD, LOTS 6 & 7, BLOCK 9, THE HIGHLANDS, PID //23-117-24 34 0088, VARIANCE FOR GARAGE ADDITION. 3 Minutes - Mound City Council - April 22, 1997 The applicant, Gary Nachreiner, was present and explained his request. He further stated that 8 to 10 of the houses on Idlewood and Oaklawn that have been built in the last two years are 30 to 37 feet away from the road. He requested an 8 foot variance and the Planning Commission recommended a 4 foot variance. He showed pictures of the property. He explained that the topography of the lot is the cause of this hardship. He is now requesting a 6 foot variance for a 26 foot deep garage instead of the 24 foot that was recommended by the Planning Commission. The Council explained that the Planning Commission is trying to protect the integrity of the Zoning Ordinance by granting the minimum variance. The applicant explained that he cannot step the garage back in, as the Planning Commission suggested, because he has all his utilities coming in on one side of the house and the walk-out is on the other side. The Council asked if the Planning Commission was aware of the location of all the utilities. The applicant stated no. The Building Official arrived. He explained that the Planning Commission had asked that the applicant work with the Building Official and try to reconfigure the proposed garage. He further stated that if the Council was leaning toward granting the 26 foot depth for the garage, the fact that there is additional boulevard between the property line and the curb has been used in other variance cases, which reduces the impact to the road. The Planning Commission recommended denial of the request for a 28' deep garage and did not agree with the compromise that the applicant proposed at 26' deep. Staff recommended a 24' deep garage. The Council suggested that this go back to the Planning Commission to determine if there is sufficient practical difficulty based on the new information about the utilities and the questions about the setbacks of some other properties. MOTION made by Polston, seconded by Hanus to refer this item back to the Planning Commission, at no further charge to the applicant based upon the new information that has been presented tonight, ie. location of the utilities; additional parcels that are not 35 feet; and what impact it would have based upon the distance the applicant is from the curb. This will go to the Planning Commission on May 12th and could come before the City Council on May 13. The vote was unanimously in favor. Motion carried. 1.8 DISCUSSION: IMPROVEMENTS TO PHILBROOK PARK BY BABE RUTH BASEBAIflJ ASSOCIATION. The City Manager explained that last Summer the Babe Ruth Baseball Association made a request to the City to make some improvements to Philbrook Park to be able to use it for additional baseball games. The request went to the Park & Open Space Commission who recommended approval. The City Council then approved the proposed improvement. Now Spring is here and the baseball group is ready to make the improvements. The neighborhood is now raising some objections to the improvements. 46 residents signed and submitted a petition which reads as follows: "We the undersigned residents of the Brookton Addition have some serious reservation about plans being made to modify the nature of Philbrook Park to accommodate Babe Ruth baseball. Since there has been no dialog with residents about these modifications, by our signatures we request that any proposed or planned changes be placed on hold until a more open agreement has been negotiated between all interested parties. Mound, 15t~ 4 Minutes - Mound City Council - April 22, 1997 MN. 4/16/97." The Park Director stated that the Babe Ruth Baseball Association is proposing to enlarge the infield an extra 15 to 20 feet; installing protective fencing for the player area ( about 20 to 30 feet on the first and third base line; move the player bench back out of the fence area; sometime putting an overhang on the backstop; and a secured locker behind the backstop to store bases, etc.) There will not be a pitching mound. They want to keep it open for general use, i.e. softball or any other play. He reassured the residents that the playground equipment that is there will not be removed. There will also not be any concession stand. The Babe Ruth Baseball Association is looking at 3 games a week on this field. The Council asked that in the future any time the Park & Open Space Commission gets a request to change or alter a neighborhood park, they involve the neighborhood where the changes are proposed. The Mayor stated that the people who have called him regarding this change at Philbrook Park did not know anything about this until the agri-lime was delivered and people showed up to do the work. Lorraine Painter, Pres. of the Babe Ruth Baseball League and Bill Vit, Vice President of the League were present and gave the history of this request. This would be a transitional field to accommodate the 13 year olds. They have looked at all the different fields. This park is the only large park that can accommodate this type of field. The 14 and 15 year olds would not be using this field because their baselines are 90 feet. They have donations from several service clubs to cover the costs to improve this field and donated labor to complete the project. They are now ready to continue working on the project and were quite surprised that there was opposition. Ms. Painter gave the following details: o 7. 8. 9. Expanding the size of the infield by 15 feet. The agri-lime was dumped on the field before the road restrictions went on. The fencing that has been talked about is limited. It would be a 5 foot high fence extending from the backstop about 1/2 way down the first base side and 1/2 way down the third base side. They have a choice of a heavy weight fence or a lighter weight fence, which ever would be agreeable. They would chalk the outfield. The rules are that the games can't go beyond 2 and one-half hours. They are estimating 6:00 P.M. to 8:30 P.M. This would be less use than when the softball people use the field 2 night a week, some for 2 games in one evening. They would use the field 2 or 3 times a week from May to July. This site is the only area that has the depth to house this type of field, There will not be any tournaments played at this site. The first game is scheduled for the beginning of May. The following persons spoke against the proposed ballfield improvement for the following reasons: 2. 3. 4. Charles Chapman, 2017 Clover Circle Ade Meeuwissen, 6170 Red Oak Road Greg Howard, 6061 Aspen Rd. Kent Musser, 6150 Clover Circle Minutes - Mound City Council - April 22, 1997 o 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Tom Berent, 6000 Lynwood Blvd. Mary McKinley, 5948 Hillcrest Rd. Walt Neske, 6225 Red Oak Road Sara Pederson, 6087 Aspen Road Terry Sincheff, 6077 Aspen Road Frank Weiland, 6045 Aspen Road Ruth Schmudlach, 6248 Red Oak Road Brenda Berent, 6000 Lynwood Blvd. Katie Howard, 6061 Aspen Road Duane Norberg, 6015 Aspen Road Peter Larson, 2080 Clover Circle Vicki Pederson, 6087 Aspen Road REASONS: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Multi purpose park; Family oriented park; It's a park not a ballfield; Parking problems; Too close to the playground area; Would cause too much noise; The park is well used by all ages; Safety hazard to others using the park during games; This is a neighborhood park, not suitable for a baseball field; This would attract strangers to the area; The time that they want to use the park is when families use it; Not in a residential neighborhood; This is just the beginning, then other groups will use the field all the other days of the week; The playground equipment would be misused and vandalized; There has to be a better area to have this field. Emergency vehicles would not be able to get in with parking on both sides of the street. The people were not notified of this impending improvement so that they could give their input. This will have a negative impact on the area. Fencing and scoreboard will block view of the park. Increased traffic. This started out as 2 games per week and now it's 3 games per week. Once this gets established here, there will be all kinds of teams playing on this field. Added trash in the park that will need to be cleaned up. This is not a compatible use for the park. Where are the Little League teams going to go to play? PETER MEYER, 5748 Sunset Road, resident and member of the POSC, stated that the POSC voted unanimously to recommend that the Council allow the ballfield improvements at Clover Circle (Philbrook Park). He apologized for not notifying the residents of the upcoming improvement, but they did not feel this improvement would have a negative impact on the park or the neighborhood. This would be a supervised 6 Mi.u~¢s - Mo.)~l Cig/¢o~n¢il - ApH! ~, l~X~2 activity for 13 yom' old boys ia ~e community. SUGGESTION FROM THE PEOPLE AGAINST THE IMPROVEMENT. Find a more suitable park or school district property for this ballfield improvement. The Mayor brought the item back to the Council for discussion. The Council asked about how many cars would be coming to a game? They also asked if there would be more than one game a night'?. They asked if tournaments would be played on this field? Ms. Painter stated that she could foresee maybe 12 cars. They would not be playing more than one game per night during the week. They will not be using the field any weekends in June. There will not be any tournaments played here. The Council expressed the following concerns: 2. 3. 4. The scheduling of the games played there. Conflicts with other teams using this field. Limiting the use to 13 year old boys. The neighbors were not notified when this was brought up and approved a year ago. The Council asked that, in the future, when an improvement is contemplated for a park, the POSC contact the neighbors for their comments and input. Councilmember Hanus suggested that we should look at the Comp Plan and see if it deals with this type of sport. The Council discussed the fact that a year ago the mens and womens softball teams played at this park and have since moved to the WRA park, but there didn't seem to be problems with the neighbors at that time. There is no change in the use of the park with this field improvement. Since permission was given to the Babe Ruth League to improve the park, maybe there is a way to work with them in finding a suitable place for this facility. MOTION made by Polston, seconded by Hanus to reverse the Council decision that was made last July to allow the Babe Ruth Baseball League to improve the ball field at Philbrook Park, but that we, as a City, actively get involved in helping the Babe Ruth Baseball League promote and find a place for this activity to take place. The vote was unanimously in favor. Motion carried. Ms. Painter expressed great disappointment in what has happened tonight. The City Council took a break for 15 minutes. 1.9 Minutes - Mound City Council - April 22, 1997 CONTINUED PUBLIC HEARING: CASE//9%08: CONDITIONAL USE PERMIT FOR WESTONKA SCHOOLS SHIRLEY HILLS ELEMENTARY SCHOOL, PUBLIC SCHOOL & ADMINISTRATIVE OFFICES AND LICENSED DAY CARE & PRESCHOOL, 2450 WILSHIRE BLVD., PID#24-117-24 12 0059. The City Manager stated that the School District has submitted a letter asking the City Council to continue this public hearing until the "90 day" task force reaches its conclusions of the July 8, 1997, City Council meeting, whichever occurs first. The Manager asked the City Attorney if this letter would serve as a request for a 60 day extension of the application for a CUP. The Attorney stated no. He suggested that the Council continue the hearing until the first Council Meeting, at least two weeks following the date, the 90 day task force reaches its conclusions or July 8, 1997, whichever occurs first. The School District will still have to submit a letter requesting an extension for the CUP application. MOTION by Ahrens, seconded by Jensen to continue this public hearing to the first City Council meeting in June or June 10th. The vote was unanimously in favor. Motion carried. 1.10 REQUEST FROM THE CITY OF SPRING PARK AND OTHER LOCAL SERVICE ORGANIZATIONS TO PURCHASE AN IRIS CAMERA FOR THE MOUND FIRE DEPARTMENT. The City Manager explained that a request has been received from the City of Spring Park asking us to consider contributing some money toward the purchase of an Iris Camera for the Mound Fire Dept. The ultra-violet iris camera which allows a firefighter vision in a smoke filled room to recover a person who may have been overcome by smoke. The cost of this camera is $25,000. Through local donations and other area city contributions the amount raised is currently $18,000 and Mound is being asked to consider a contribution of $7,000. The City Manager further explained that when something like this is requested it usually goes through the Budget process. The Council agreed that normally this should have gone through the budget process. Mayor Polston and Councilmember Hanus stated they have had the chance to try this camera out on a demonstration and it is amazing. MOTION made by Ahrens, seconded by Hanus to authorize providing the additional $7,000 needed to purchase the Iris Camera for the Mound Fire Dept., but this $7,000 will be paid back to the General Fund from the Area Fire Service Fund in 1998. The vote was unanimously in favor. Motion carried. 1.11 RESOLUTION APPROVING THE IMPLEMENTATION OF MULTIPLE-SLIP DOCK SYSTEMS AT THE AMHURST LANE ACCESS ON DEVON COMMON AND AT THE FAIRVIEW LANE ACCESS ON LAKE BLVD. The Mayor reported that the Dock & Commons Advisory Commission is recommending approval of these multiple dock systems at Amhurst Lane Access on Devon Commons, the Devon Access on Devon Common, and at the Fairview Lane Access on Lake Blvd. This was a budgeted item. The Mayor assured the Council that the Commission will be meeting with the neighborhood groups to go over the multiple dock system. They will be sending notices to all 8 Minutes - Mound City Council - April 22, 1997 those involved. What the Dock Commission wants is authorization to proceed with holding the public hearing and if the consensus is that the neighborhood wants a multiple dock system, then they would like to go ahead and get bids or quotations for the purchase and installation of the docks. The Council asked that number 2 in the proposed resolution be changed to read as follows: A meeting with affected abutter and non-abutter dockholders will take place. All affected parties will be notified in writing of the meeting. Councilmember Weycker asked that the first Whereas be changed to read as follows: WHEREAS, the City Council has conceptual~_ approved on January 28, 1997, the 'Multiple-slip Dock Program' as outlined in Dock & Commons Commission manual under the section entitled Multiple Docks; and The Council did not object to this change. Councilmember Jensen voiced concern about putting docks at the ends of the streets. This could be a problem in the Woodland Point area on Wawonassa Common. She does not want to give the impression somewhere down the road that the City has abandoned the public interest in the Commons. The Mayor stated that what the Dock & Commons Commission is asking for is the authority to hold a public hearing and to expend up to that amount of money and to get bids or quotations for the multiple docks and installation. MOTION made by Ahrens, seconded by Hanus to authorize the Dock & Commons Commission to hold public hearings on the proposed multiple dock slips at Amhurst Lane Access, Devon Lane Access and Fairview Access. If it is determined that the public wants these multiple docks, the City Council will obtain bids or quotations for the purchase and installation of the docks not to exceed the budgeted amount of $22,500. 1.12 ADD-ON: APPOINTMENT TO HENNEPIN COUNTY POLICY OVERSIGHT COMMITTEE The City Manager explained that Hennepin County is setting up a committee to deal with the welfare system in Hennepin County. The Federal government passed legislation entitled the Personal Responsibility and Work Opportunity Act of 1996. This legislation eliminates AFDC and replaces it with TANF (Temporary Assistance to Needy Families). The State Legislature is designing some kind of plan for welfare reform. The County has identified several cities in Hennepin County that have a mix of welfare type situations and Mound is one of those. The County is trying to set up a committee called the Policy Oversight Committee for the development and implementation of the TANF program. They are asking that an elected official, if possible, from each of the cities serve on this committee. Minutes - Mound City Council - April 22, 1997 MOTION made by Polston, seconded by Jensen to appoint Councilmember Mark Hanus to the Policy Oversight Committee of Hennepin County and appointing Leah Weycker as the alternate if Hanus has a conflict with the meetings. The vote was unanimously in favor. Motion carried. 1.13 WAWONASSA COMMON Mike Gardner, 1599 Bluebird Lane, stated that he is here to go on record because his letters have never been acknowledged; concerning a dock on the end of Woodland Road. He stated he has written several letters and gone to meetings and made statements, but for some reason or another people believe "I don't know what I'm talking about." The issue is that a dock permit was issued for the end of Woodland Point which is not actually a road. It is Wawonassa Common and based on court's decision, the City cannot issue dock permits on Wawanossa Common. I have plat maps from 1906 to 1976 and 1992 to the current Hennepin County map that clearly shows that this is Wawanossa Commons. If a dock shows up there, I will call Hennepin County immediately and say that a dock permit has been issued there, and the City will be in contempt of the courts decision. My letters and phone calls have been ignored by the City Staff and I am very frustrated. The Council asked the City Attorney to issue a legal opinion on this matter of Wawanossa Commons and the court's decision. The City Attorney stated that he received a voice mail today from an attorney representing a number of the people in that area, indicating that litigation will be commenced fairly soon on some of the other issues as well. The City Attorney will prepare a legal opinion for the City Council. INFORMATION/MISCELLANEOUS:. FINANCIAL REPORT FOR MARCH 1997 AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. REMINDER: BOARD OF REVIEW IS SCHEDULED FOR APRIL 22, 1997, AT 7:00 P.M. SEE ENCLOSED SALES RATIO BOOKLET DEVELOPED BY HENNEPIN COUNTY. Co PEGGY JAMES, PLANNING & INSPECTIONS SECRETARY HAS RESIGNED HER POSITION AND HER LAST DAY IS FRIDAY, APRIL 25, 1997. WE WILL BE HAVING CAKE AND COFFEE FOR HER AT 2:30 P.M. ON THAT DAY. YOU ARE INVITED TO ATTEND THIS RECEPTION FOR HER ON THAT DAY. ENCLOSED IS A COPY OF THE BRAUN/INTERTEC'S REPORT ON ITS PCB TESTING THAT THEY WERE REQUESTED TO DO PURSUANT TO THE PERMIT APPROVED BY THE MINNEHAHA CREEK WATERSHED DISTRICT (MCWD). AFTER YOU READ THE REPORT, YOU WILL BE EXTREMELY PLEASED WITH THE RESULTS. THERE ARE NO PCB'S IN LOST LAKE AND THE LEAD LEVELS ARE LOW! BRUCE CHAMBERLAIN WILL BE ATTENDING THE APRIL 24TH MEETING OF THE MWCD TO PRESENT THE REPORT TO THE BOARD OF MANAGERS. THE DNR IS WRITING THE PERMIT FOR APPROVAL ON THE LOST LAKE PROJECT AT THIS TIME AND SHOULD BE READY WITHIN THE 10 Eo NEXT WEEK. THE ARMY CORPS OF ENGINEERS IS REVIEWING OUR PERMIT APPLICATION AND WE WILL KNOW MORE ON THIS PERMIT BY THE END OF APRIL. PLANNING COMMISSION MINUTES OF APRIL 14, 1997. PARK & OPEN SPACE COMMISSION MINUTES OF APRIL 10, 1997. REMINDER: ANNUAL RECYCLING DAY/CLEANUP IS SCHEDULED FOR SATURDAY, APRIL 26, 1997, AT LOST LAKE. MOTION made by Jensen, seconded by Weycker to adjourn at 11:05 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk MOUND CITY COUNCIL MINUTES SPECIAL MEETING MINUTES - 5/6/97 MINUTES - MOUND CITY COUNCIL - BOARD OF REVIEW - MAY 6, 1997 CONTINUED FROM APRIL 22, 1997 Pursuant to due call and notice thereof, the Board of Review re. convened in the Council Chambers of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road, in said City on May 6, 1997, at 7:00 PM. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen, and Leah Weycker. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Hennepin County Assessor Larry Miller, and Stephanie Nyhus Hennepin County Appraiser. 1.0 Mayor Polston opened the re. convened Board of Review and introduced l_arry Miller, Assessor for Hennepin County and Stephanie Nyhus, Appraiser for Hennepin County. Mr. Miller stated that they had spoken with the persons who had appeared before the Council or wrote letters for the April 22, 1997 meeting and he was presenting the County's decisions as to the value of the properties questioned. It was stated that the property owner could appeal the City's decision at the Hennepin County Board of Review which begins June 16, 1997. The county must be notified prior to appearing at phone number 348-5076. PID//19-117-23 32 0160 - JOHN EYERS, 4713 WILSHIRE BLVD. The Assessor recommended no change in the EMV of $96,500. PID//19-117-23 32 0188 - M.D. ANDERSON, 2873 ESSEX ROAD The Assessor recommended no change in the EMV of $116,000. o PID//19-117-23 33 0005 - LORRAINE SULLIVAN, 3145 TUXEDO BLVD. The Assessor recommended reducing the EMV of this property from $62,000 to $58,000. PID//13-117-24 22 0088 - R. R. HEDIN, 5420 THREE POINTS BLVD. The Assessor recommended reducing the EMV of this property from $84,200 to $82,700. PID//13-117-24 22 0064 - RAYMOND ANDERSEN, 5430 THREE POINTS BLVD. The Assessor recommended no change in the EMV of $84,400. PID//24-117-24 44 0021 - MELODY OLSEN, 4873 CUMBERLAND ROAD The Assessor recommended reducing the EMV of this property from $84,000 to $79,000. PID//13-117-24 31 0014 - BUCHI NJAKA, 2186 CEDAR LANE The Assessor recommended no change in the EMV of $113.000. PID//18-117-23 23 0011 - RAY DEMONT, 1936 SHOREWOOD LANE The Assessor recommended no change in the EMV of $129.000. MOUND CITY COUNCIL MINUTF~ SPECIAL MEETING MINL~FF_~ - ~/~/97 10. PID #24-117-24 12 0056 - FI YIN MOY, 2458 FAIRVIEW LANE The Assessor recommended reducing the EMV of this property from $100,000 to $94,000. PID #13-117-24 32 0154 - YOUN PING NG, 2208 FERN LANE The Assessor recommended no change in the EMV of $59.000. Councilmember Ahrens moved and Councilmember Weycker seconded the following resolution: RESOLUTION #97-40 RESOLUTION ASSESSMENT CORRECTED ADOPTING THE ENTIRE ROLL AS PRESENTED AND The vote was unanimously in favor. Motion carried. MOTION by Hanus, seconded by Jensen and carried unanimously to adjourn the reconvened Board of Review at 7:15 PM. Motion carried. MOUND CITY COUNCIL MINUTES SPECIAL MEETING MINUTES - 5/6/97 MINUTES - MOUND CITY COUNCIL - MAY 6, 1997 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 6, 1997, following the Reconvened Board of Review, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen, and l_eah Weycker. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Bert Haglund from TSP/EOS, and the following interested citizen: Bill Hawks. The Mayor opened the meeting and welcomed the people in attendance. 1.1 DISCUSSION RE: EXPENDITURE OF FUNDS FOR AN ANALYSIS OF THE EXISTING WESTONKA COMMUNITY CENTER IN RELATION TO THE POSSIBLE RENOVATION OF THE EXISTING COMMUNITY CENTER. DISCUSSION RE: ACCEPTING A PROPOSAL FROM TSP/EOS AND E & V CONSTRUCTION TO PERFORM THE ABOVE ANALYSIS OR SEEK REQUEST FOR PROPOSALS (RFP'S) FROM ARCHITECTURAL FIRMS TO PERFORM THE ANALYSIS. The City Manager reported that at the Community Center Task Force Meeting last week with Minnetrista and the School Board, proposals were reviewed from TSP/EOS and E & V Construction. That discussion focused on doing an analysis of the 1938 building along with other property that is there. This would involve having TSP/EOS meet with the various users of the property to determine space needs and an evaluation of what the facility needs in order to make it more useable. E & V Construction's basic purpose was to follow-up that work with a cost estimate. Putting those two things together would provide the information needed for the renovation of the property. The consensus was that since the City of Mound is driving this renovation, it should be responsible for the expenditure of funds for the analysis. The costs proposed by the two firms is just over $10,000 which would be recovered in the issuance of bonds, if the project proceeds. The City Manager then asked if the Council wants to pay for the analysis and, if so, should the study be accepted as proposed here or would the Council like to seek alternative proposals through the RFP process? After discussion the Council decided Mound would put up the funds for the analysis. Mayor Polston reported that at the meeting last week, the members of the Task Force that were there identified the uses that this community center would house and the list in TSP/EOS' proposal is the result of what the committee felt would be housed in the community center. The analysis is to determine the following: 1. If the whole complex can be renovated and what it would cost and is there a point where it would not be economically feasible to salvage parts of it or to try to renovate it. They are two separate proposals with not to exceed prices. There would be continuity because MOUND CITY COUNCIL MINUTES SPECIAL MEETING MINUTES - ~/6/97 both of these firms have been working with the school district for the last several years. They were both asked to present a proposa/for their respective pans. The Council discussed the current uses as well as future uses and the square footage needed for those uses. Mr. Bert Haglund, from TSP/EOS, was present. They also discussed the following, with Mr. Haglund: the mechanical systems air quality issues roofing problems square footage The School District's concern is timing. Being able to complete an analysis within a reasonable period of time. With an RFP, it would take putting the RFP together, soliciting the proposals, interviewing the candidates and then selecting a firm. The estimate for an analysis would then be 60 to 90 days down the road from there, which would put it end of summer or early fall. MOTION made by Jensen, seconded by Ahrens that the City of Mound enter into a contract with TSP/EOS to conduct an analysis of the Conununity Center under the direction of the Task Force, as proposed in the proposal from TSP/EOS, dated April 29, 1997, not to exceed $7,500. The cost for this to be recovered by the City of Mound if the project proceeds. The vote was unanimously in favor. Motion carried. The Council did not act on the cost estimate proposal, at this time. They will wait until the analysis is performed. Councilmember Ahrens asked to be excused at 8:10 P.M. MOTION made by Hanus, seconded by Jensen to adjourn at 8:15 P.M. was unanimously in favor. Motion carried. The vote Edward J. Shukle, Jr., City Manager Attest: City Clerk RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM REGARDING THE MERGER OF WESTONKA INTERVENTION WITH SOJOURNER LOCATED IN THE CITY OF MINNETONKA WHEREAS, the City of Mound has been a contributor to the Westonka Intervention program for about ten years under its allocation of Community Development Block Grant (CDBG) monies; and WHEREAS, Westonka Intervention has recently been merged with Sojourner, a domestic abuse program located in the City of Minnetonka; and WHEREAS, the City of Mound's current CDBG allocation of $1,747 for 1997 needs to be reassigned to Sojourner in place of Westonka Intervention. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mound, Minnesota hereby authorizes the reassignment of $1,747 from the Westonka Intervention program for 1997 to Sojourner of Minnetonka. RESOLUTION NO. 97- RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE 1997 MUNICIPAL RECYCLING GRANT AGREEMENT BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, hereby authorizes the Mayor and City Manager to execute the 1997 Municipal Recycling Grant Agreement between Hennepin County and the City of Mound (Contract gA11347). Hennepin County An Equa/Opportunity Employer April 22, 1997 Ms. Joyce Nelson City of Mound 5341 Maywood Road Mound, MN 55364 Dear Ms. Nelson: Enclosed are two copies of the Municipal Recycling Grant Agreement for 1997 between Hermepin County and the City of Mound. Please have both copies signed by the appropriate City officials and returned to me as soon as possible. We will forward an executed copy to you for your records when all signatures are obtained. Your first payment will be sent when the contracts are signed by all parties. If you have any questions, please call me at 348-3837. Sincerely, J. Skalbeck Recycling Unit Environmental Management Division Enclosure Department of Public Works 417 North Fifth Street Minneapolis, Minnesota 55401-1397 (612) 348-6509 FAX:(612) 348-8532 Environmental Info Line:(612) 348-6500 Recycled Pape~ Contract No Al1347 AA Code Vendor No. *000048893 MUNICIPAL RECYCLING GRANT AGREEMENT THIS AGREEMENT is by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "County", through its Environmental Management Division, 417 North Fifth Street, Minneapolis, Minnesota 55401, and the CITY OF MOUND, hereinafter referred to as the "City", 5341 Maywood Road, Mound, Minnesota 55364. WlTNESSETH: WHEREAS, the County Board, by Resolution No. 97-4-200, on the 15th day of April 1997, authorized funding for Municipal Recycling Programs from January 1, 1997, through December 31, 1997, and WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Section 115A.02 and 115A.03, as amended by the Laws of Minnesota 1992, Chapter 685, and Minnesota Statutes 473.8011; the Office of Environmental Assistance Solid Waste Management Development Guide/Policy Plan; Hennepin County's Solid Waste Master Plan; and Hennepin County's Residential Recycling Funding Policy. NOW THEREFORE, the County and the City agree as follows: I. SERVICES TO BE PROVIDED The City will operate its recycling program as more fully described in the Grant Application, Attachment A, which is incorporated and made part of this Agreement. 2. In addition to the services as referred to above, the City agrees: The City must recycle 18 percent of its residential waste stream. If the City fails to achieve this percentage goal, it will be required to submit a plan for County approval to increase abatement within 90 days of the submittal of the municipal year-end report. b. At a minimum, the City shall collect the following materials at curbside: 1. Newspaper and advertising supplements; 2. Corrugated cardboard; 3. Clear, brown, and green glass food and beverage containers; 4. Metal food and beverage cans; 5. All plastic bottles with a neck except bottles that previously contained hazardous materials or motor oil; and 6. Magazines and catalogs Co do eo jo The City shall submit on forms provided by the County, a Semi-Annual Report and a Final Report which summarizes the major outcomes of its recycling program. The Semi-Annual Report will cover the first six months of the calendar year and shall be submitted by August 15, 1997. The Final Report covers the entire year and shall be submitted by February 15, 1998. All SCORE funds accepted from the County shall be used for waste reduction and recycling capital and operating expenses in the year granted; the City shall not retain any SCORE funds in excess of actual program expenses; and any unused funds shall be returned to the County. The City may not charge its residents through property tax, utility fees or any other method for that portion of the costs of its recycling program which is funded by County SCORE funds. The City shall establish a separate accounting mechanism, such as a project number, activity number, cost center or fund that will separate recycling revenues and expenditures from all other municipal activities, including solid waste and yard waste activities. All recycling and waste reduction activities, revenues and expenditures are subject to audit by the County. The City must measure the set-out participation rate of its residents in curbside recycling during the month of October. The method used for measuring participation must be as submitted on the Grant Application. If the City does not contract for curbside services, the City will receive SCORE funds provided that at least 90% of the SCORE funds are credited back to residents and the City meet all minimum program requirements. The additional 10% of SCORE funds may be used for City administrative and promotional expenses. The City's municipal solid waste programs must be consistent with Minnesota Statutes, the County's Solid Waste Management Master Plan and all County ordinances. II. TERM OF THIS AGREEMENT This Agreement shall commence on January 1, 1997, and terminate on December 31, 1997. III. METHOD OF COMPENSATION 1. The County will distribute SCORE funds to the Cities only to the extent the County has received such funds from the State of Minnesota. The City will receive SCORE funds per the the formula below: 153/,, # of Households Served Curbside by City Total # of Households Serviced Curbside in County Total SCORE Revenue x Received by = County from State of Minnesota SCORE funds Distributed tO City The County shall pay the City an annual amount not-to-exceed $30,802. This amount is based upon previous SCORE fund amounts received by the County. Under no circumstances will the County's obligation of SCORE monies distribution exceed the City's proportion of SCORE revenues received by the County. The County receives SCORE funds twice a year from the State of Minnesota. The County intends to distribute to the City its share of SCORE funds twice a year. The first distribution of SCORE funds will be made to the City following the receipt and approval of the City's Final Report for 1996. The second distribution will be made following the receipt and approval of the City's Semi-Annual Report for 1997. IV. HOLD HARMLESS AGREEMENT Consistent with the specific limits, exclusions, and conditions expressed in Minnesota Statutes, Chapter 466, the City agrees to defend, indemnify, and hold harmless the COUNTY, its elected officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. V. INSURANCE In order to protect the City and those listed above under the indemnification provisions, the City agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep in force insurance, either under a self-insurance program or insurance policies as follows: 3 Commercial General Liability with the following coverages. Contractual Liability coverage must be included. General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence- Combined Bodily Injury and Property Damage Fire Damage - Any One Fire Limits $6OO,OOO 6OO,OO0 600,000 600,000 100,000 bo Automobile Liability covering owned, non-owned, and hired automobiles or "Any Auto": Combined Bodily Injury and Property Damage - Each Occurrence 600,000 c. Workers' Compensation and Employers' Liability 1) Workers' Compensation. 2) Employers' Liability. Bodily Injury by: Statutory Accident- Each Accident Disease - Policy Limit Disease- Each Employee 100,000 500,000 100,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the City to determine the need for and to procure additional coverage which may be needed in connection with this Agreement. If the City does not have a self-insurance program, the City shall not commence work until the City has obtained the required insurance and filed with the County an acceptable certificate of insurance. The certificate shall: Name Hennepin County as certificate holder and as an additional insured for all liability coverages (except Workers' Compensation and Employers' Liability). List any exceptions to the insurance requirements Be amended to (1) show that Hennepin County will receive 30 days written notice in the event of cancellation, non-renewal, or material change in any described policies, and (2) delete the wording: "endeavor to" and "but failure to provide such written notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." 4 3. The City shall require that each of its subcontractors, while performing services in the operation of t/~e city's recycling program, have and keep in force insurance as follows: a. Commercial General Liability to include the following coverage and limits of insurance. Contractual Liability coverage must be included. General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence- Combined Bodily Injury and Property Damage Fire Damage - Any One Fire Limits ,000,000 ,000,000 ,000,000 1,000,000 100,000 bo Automobile Liability covering owned, non-owned, and hired automobiles or "Any Auto": Combined Bodily Injury and Property Damage - Each Occurrence 1,000,000 c. Workers' Compensation including Employers' Liability. 1) Workers' Compensation. If the Contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Statutory 2) Employers' Liability. Bodily Injury by: Accident- Each Accident Disease - Policy Limit Disease- Each Employee 100,000 500,000 100,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. A certificate of insurance naming the City as certificate holder and as an additional insured shall be filed with the City prior to commencement of operations. VI. NON-ASSIGNMENT OF SERVICES It is agreed that nothing herein contained is intended, or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the City as the agent, representative, or employee of the County for any purpose in any manner whatsoever. The parties are to be and shall remain independent with respect to all services performed under this Agreement. The City represents that it has, or will secure at its own expense, all personnel required for performing services under this Agreement. Any and all personnel of the City, or other persons, while engaged in the performance of any work or services required by the City, under this Agreement, shall have no contractual relationship with the County, and shall not be considered employees of the 5 County, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the City, its officers, agents, contractors, or employees, shall in no way be the responsibility of the County; and the City shall defend, indemnify, and hold the County, its elected officials, officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not require, nor be entitled to any compensation rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay, and PERA. VII. COMPLIANCE WITH LAWS The City agrees to comply with all applicable state and federal statutes, regulations, and ordinances pertaining to solid waste management and recycling including, but not limited to, the applicable provisions in Minnesota Statutes, Chapter 115A and 473.801 et.al. VIII. AFFIRMATIVE ACTION The City and its contractors shall follow the City's Affirmative Action policy against discrimination. Hennepin County shall follow its Affirmative Action policy against discrimination. IX. DATA PRIVACY The City agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The City agrees to defend and hold the County, its officers, agents and employees harmless from any claims resulting from the City's unlawful disclosure and/or use of such protected data. X. RECORD AVAILABILITY The City agrees that the County, the State Auditor or any of their duly-authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent and involve transactions relating to this Agreement. Such material must be retained for five (5) years by the City. The City's accounting practices and procedures relevant to this Agreement shall also be subject to examination by any or all of the aforesaid persons as often as and during such times as aforesaid. Xl. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any material alteration or modification of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement and signed by both parties. Xll. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. XIII. TERMINATION This Agreement may be terminated by either party by written notice to the other party at least thirty (30) days prior to the specified effective date of termination. In addition, the County shall have the right to terminate this Agreement on ten (10) days' written notice if the City's performance is not timely or is substantially unsatisfactory or if the City has violated any of the covenants, agreements, or stipulations in this Agreement. Notwithstanding the above, the City shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the City. The County may withhold any payment to the City for the purposes set forth until such time as the exact amount of damages due the County from the City is determined. In the event the County does not receive any SCORE funds, this Agreement will be terminated upon written notice by the County. XlV. CONTRACT ADMINISTRATION In order to coordinate the service of the City with the activities of the Environmental Management Division so as to accomplish the purposes of this contract, Bob Thomas, Problem Materials & Recycling Program Manager, will manage this contract on behalf of the County and will serve as liaison between the County and the City. XV. CONTINUATION OF OBLIGATION The obligations and/or warranties of the City and the County shall survive the performance and cancellation or termination of this Agreement. 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as to this __ day of ,1997. Approved as to form: COUNTY OF HENNEPIN STATE OF MINNESOTA Assistant County Attorney By: Date: Randy Johnson Chair of Its County Board Approved as to execution: And: County Administrator Assistant County Attorney Date: ATTEST: Deputy/Clerk of the County Board Approved as to execution: CITY OF STATE OF MINNESOTA City Attorney Date: By: Title: And: Title: And: CHECK ONE: Charter Option A __ (Title) Option B 8 CITY OF MOUND FOR THE MAY 13, 1997 COUNCIL MEETING April 16, 1997 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 TO: MAYOR & CITY COUNCIL FROM: FRAN CLARK, CITY CLERK MISCELLANEOUS PERMITS The following permits are being requested. Please waive the fee on them as indicated. Approval contingent upon all required forms, insurance etc. being turned in. All fees may be waived except the Beer Permit. Mound Volunteer Fire Dept. requests the following permits for the June 7, 1997, Fish Fry. Temporary On-Sale 3.2 Beer Permit Public Dance Permit Set-Up Permit 2. Mound City Days - June 14, 15 & 16, 1997. Temporary On-Sale 3.2 Beer Permit - Mound Bay Park Carnival Concessions Craft Show Entertainment Fireworks Merchant Sales Public Dance Permit Public Gathering Set-Up Permit American Legion/VFW Parade Permit - May 26, 1997 - 10:45 A.M. to 11:30 A.M. - Memorial Day Parade pr~nted on recycled paper CITY OF MOUND FOR THE MAY 13, 1997 COUNCIL MEETING May 5, 1997 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 TO: MAYOR & CITY COUNCIL FROM: RE: FRAN CLARK, CITY CLERK MISCELLANEOUS PERMIT 1. VFW AUXILLIARY - June 7, 1997 - Annual Pillow Puff PLEASE WAIVE FEE. printed on recycled paper ORDINANCE NO. -1997 AND ORDINANCE AMENDING SECTION 235:27, SUBD. 1 OF THE CITY CODE RELATING TO RECREATIONAL FIRES The City of Mound Does Ordain: Section 235:27, Subd. 1 of the City Code is amended to read as follows: Section 235:27. Burning Restrictions - Burning Permit Required. Subd. 1. Open Burning Prohibited. It shall be unlawful for any person to start or allow to burn any open fire on any property within the City of Mound without a permit, except for supervised recreational or by Minnesota Uniform Fire- Exception: Recreational fires as defined _ CodY. (recreational fire is the burning of material other than rubbish where fuel bein~ burned tsar*contained in an incinerator, outdoor fireplace or barbecue pit and witl~ a total area of 3' or less in diameter and 3' or less in height for pleasure, religious ceremonial cooking or similar purposes). Recreational fires are to be from 12:01 p.m. until 11:59 p.m. only unless written permission for exception is received fro_q_~__., the Fire Chief or Fire Inspecto~or clean, dry used'-----~' ~burm---~g-Tfib-~s, leaves, yard waste or other ~:ombustibl~s)) Recreat,ona{ fires shall be at least 25 from any bu,ld~s-h~ be superwsed at all times. The owner of any property upon which a recreational fire is started or originally ignited, in violation of the Provisions of this division shall be responsible therefor and shall be subject to penalties provided in this code, unless such owne~' can adduce proof that such fire was started by a..stranger or trespasser. o permit shall be required for any official fire set by any public official as provided in LSection 490:20. · ATTEST: Mayor City Clerk Adopted by the City Council - Publish in The Laker - BILLS .May 13; 1997 BATCH 7043 BATCH 7044 Total Bills $197,384.69 184,409.51 $381,794.20 u bJU 'l S S ! ! ! '0 III I {,, ,J, i,IJ, Z t z o~ i? :' ~ ,d ,o ,o m I .i LU CZ'Q: J_J ~ oooo~ -- . . jjj 'j , ,j <~ -J I ! [ I -¥ I Z :3..I h Z ~ o I -/rZ 7 '~' 12..i IZ Z *-~ ,,..,j PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1667 (612) 472-0600 FAX (612) 472-062O CASE g96-64 NOTICE OF A PUBLIC HEARING TO CONSIDER THE APPROVAL OF A PRELIMINARY PLAT, A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, AND RELATED VARIANCES FOR THE "SETON BLUFF" RESIDENTIAL DEVELOPMENT NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, May 13, 1997 to consider the approval of a preliminary plat, a planned development area by conditional use permit, and related variances for the residential development called Seton Bluff. This proposal involves the improvement of Kildare Road and the creation of seven (7) single family residential building sites. The existing legal description of the subject property is Lots 15 through 32, Block 11, Seton, PID's 19-117-23 22 0036 to 0041 and 0054, as shown on the plat map below: i..~ ~,.~- Ali persons appearing at said he~ing with reference to the above will be given the oppo~nity to be heard at this meeting. ~g~-J~(~ Pla~g Secrem~ ~bhshed m "~e ~er" on April 26, 1997, ~d mailed to prope~ omers wi~in 350 feet of ~e subject prope~ by May 2, 1997. printed on recycled paper MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION APRIL 14, 1997 CASE 96-64: PUBLIC HEARING: REVISED PRELIMINARY PLAT/PDA/VARIANCES "SETON BLUFF", FINE LINE DESIGN GROUP, INC. LOTS 15 - 32, BLOCK 11, SETON, 19-117-23 22 0036-41 8,: 54 City Planner, Mark Koegler, reviewed the Planning Report. Fine Line Design Group is seeking approvals for a Planned Development Area (PDA) on a 1.47 acre tract of land along a currently unimproved portion of Kildare Lane. Approval of the plan will require action by the City to issue a conditional use permit for the PDA, grant variances as part of the PDA and approve the proposed preliminary plat. This application is similar to the proposal reviewed by the Planning Commission on February 10, 1997. Major changes to the plan include the deletion of one unit, all lots now conform to minimum size criteria and the total number of variances has been significantly reduced. PDA. The developer is seeking PDA approval in order to establish the common access drive. The Zoning Code requires a minimum of 2 acres of land area for Planned Development Areas. The net site area of Seton Bluff is 1.35 acres necessitating a variance of .65 acres in order to process the request as a PDA. Because of the physical conditions of the site, processing this request as a PDA gives the City the ability to add appropriate conditions to the approval. For this reason, staff supports the PDA site area variance. Variances. Koegler displayed an overhead showing a list of the variances being requested. The street construction variances are the types of variances that the Planning Commission sees on a pretty routine basis due to the topography in Mound. There are bluff setback variances being requested for each lot. Planning Commission Minutes April 14, 1997 Koegler stated that the setbacks are ten feet or more from the required bluff line, and suggested that the developer may provide the commission with more information on exactly what those setbacks are. The actual requested bluff setback could be used as the basis for the variance request in lieu of a 20 foot blanket setback variance. Impervious coverage has been reduced further from what was originally proposed, however a variance is being requested for Impervious cover of 32.8 % resulting in a variance of 2.8 %. A side yard setback variance of 4 feet is being requested for Lots 1 through 6 resulting in a 6 foot setback to one side yard. Six foot side yard setbacks are permitted for lots of record, however, because this property is being replatted it no longer qualifies for lot of record setbacks and therefore requires side yard setbacks of 10 feet. A front yard setback of 15 feet is being requested for Lots 5 and 6 resulting in a 5 foot setback variance. Density. There are different density provisions in the code which apply to developments. By applying the non-shoreland PDA density provisions, this site area will accommodate 9 units. However, this site is in the shoreland area, and based on the location of the 929.4 contour, this property is considered to be in the first tier. The shoreland ordinance does allow density bonuses and the proposed site plan does qualify because the setbacks from the ordinary high water contour equal or exceed a minimum of 125 % of the required 50 foot setback. The proposed density with the applicable bonus is consistent with the maximum density allowed under the shoreland ordinance. Application of the shoreland standards results in a maximum of 7 units. The issues of tree preservation, landscaping, traffic, and wetlands were briefly reviewed. Recommendation. The developers of Seton Bluff have designed a project that complies with density provisions of the Zoning Code and meets the lot of record setback provisions. The project, however, does not meet the non-lot of record provisions which apply in this case since 12 of the lots were combined in the past. In any PDA project, trade-offs are involved. In this case, the major trade-off appears to be impervious cover and setback variances for a plan that to be answered by the Planning Commission and City Council is whether or not this trade-off is equitable. Staff feels that the proposed plan with one less unit satisfies most of the concerns that were raised in previous reviews. After its deliberations, if the Planning Commission feels that it is equitable, the development could be approved with appropriate conditions. Alternatives to that approach include approval with modifications or denial. Staff suggested conditions as outlined in the Planning Report and City Engineer's Memorandum if the Planning Commission feels that the plan is appropriate and consistent with the Mound's provisions for PDA's. Voss questioned how many residences could be built on this property without any variances. Koegler responded that is a difficult question to answer because variances result from a specific site plan. Voss recalled a statement made at a Council meeting that the only way they could development this property is if there were no variances. Koegler could not recall that comment. 2 Planning Commission Minutes April 14, 1997 Density bonuses were discussed. Mueller asked how the City will police tree trimming. Koegler clarified on the overhead the location of the conservation easement which is measured from the bluff line to the lot line. Mueller is concerned about people cutting/removing trees on the bluff and how they could get permission to do this. Koegler stated that they would have to come before the council and amend the resolution to do tree trimming other than diseased and dead tree removal. It was discussed that Lot 7 will need to install some type of path or stairway on the bluff in order to access his dock. Weiland raised a concern regarding the curb radii at Kerry and Kildare and feels the developer should be working with the owner of the property on that corner to get an easement so the radii can be larger. Koegler noted that the City Engineer commented in his report that "a more desirable drainage pattern will need to be designed for the City cul-de-sac than the sheet drainage as shown." Koegler suggested that the Commission could include in their recommendation that alternatives for the curb radii be further investigated as well. Mueller asked about the amount of water flow down Kildare due to the 13 % slope. He recalled that options had been discussed, such as installing a larger catch basin. Koegler did not know if Cameron had reviewed that issue further, but maybe he can expound upon that more. Chair Michael opened the public hearing Steve Grand, resident at 2620 Kerry Lane, expressed a concern about the ability for people to tow large boats around the corner and up the hill. Grand is concerned that the private drive area will be used for storage of snowmobiles on trailers and boats with tarps, he does not want to be looking at a storage depot. He is afraid the developers won't save the trees as they propose since the other lots they have built on in the area were stripped of trees. He also has a large concern about drainage and the accumulation of sand and dirt in the roads and lake. Weiland referred to condition #8 in the Planning Report, it states, "The common driveway area exclusive of the guest parking area shall be posted as "no parking" area. Koegler noted there will be no parking on Kildare Road due to the narrow width, and he noted that the covenants precludes parking of recreational vehicles on the site. Mueller asked if homeowners covenants are enforceable by the City. Koegler stated that since the covenants are part of the PDA approval, the City can enforce compliance with the PDA and the covenants cannot be changed without city approval of a modified PDA, however, the City does not enforce covenants. Tim Wilkensen, resident of 4628 Carlow Road stated that his property is on the corner of Carlow and Kerry and feels that drainage is a big issue. The water that drains down Kerry runs through his lot into Black Lake and they already have too much sand. He also expressed a concern about child safety and stated there are a number of kids under the age of five in the neighborhood and he is concerned about the increase in traffic as a result of this development. Developer, Steve Behnke addressed issues raised in the Planning Report: All houses except the end lot are all part of the association and will have similar features, but all seven houses will have a consistent theme to them. Planning Commission Minutes April 14, 1997 Relating to the "blanket 20 foot bluff setback variance," only Lot 2 would have conceivably less than the 20 foot variance, it would have a 15 foot variance. Referring to the Impervious Cover variance of 2.8 %, Behnke noted that if traditional driveways were developed, impervious coverage would differ by only 2 %, and the drainage situation would be worse. With density bonuses, seven units are allowed. Tree loss is equivalent without the private drive. There will be no grading changes from the back of the houses to the rear lot line except for required storm sewer construction. Under-story trees and shrubs were planned for the five foot wide utility easement in case they have to be removed for utility repairs. Normally trees are not allowed in utility easements. The retaining wall will consist of two six foot high boulder walls with plantings between. The size of parking stalls requested by the Engineer is fine. The construction of the private drives, individual drives, and turn-arounds all match the Engineer's comments from previous meetings. His comments on elevations are acceptable. Referring to the Engineer's memo, //3.e. and f., he explained, from the back of the houses forward, the drainage will flow towards the driveway. Behnke responded to comments made by the Planning Commission: The number of houses that could be built on this property under lot of record status is eight. The intent for Lot 7 is to have a meandering path or stairway to the lake that would be built by the homeowner. The conservation easement restricts tree removal. The two stairways proposed will handle the other six lots. It was never the intent of the project to disturb tree removal, except for the storm sewer construction. The street design, as proposed, is the same that the Engineer recommended back in 1985. The radii of the corner at Kildare and Kerry is larger than the southeast corner. The covenants do not allow storage of recreational vehicles and fish houses on the driveway. The parallel parking is being treated for guest parking, nothing else. Planning Commission Minutes April 14, 1997 Behnke showed on the overhead that 40 % of the site as it exists today which drains down Kerry, and then showed that after the property is developed, only 8 % will drain into Kerry, so the amount of run-ff will be reduced by 32 %. All the residences east on Kildare sit on 40 foot wide lots with only 12 feet between each house. They are proposing houses on wider lots with 16 feet between the houses. Clapsaddle noted an error on the preliminary grading plan, an elevation noted on a contour line by the driveways into Lots 2 and 3 should read 956, not 960. Chair Michael closed the public hearing. Mueller questioned if Lot 7 should be included as part of the association and subject to the covenants and restrictions since his property is affected by the conservation easement. Mueller asked how this Lot owner will now that they need to provide their own walkway to the lake and the restrictions of disturbing the vegetation. Tom Stokes with Fine Line Design stated that Lot 7 has been pre-sold and the owner is aware of the stairway requirements. Stokes confirmed that Lot 7 could be included in the association. It was noted that Lots 6 and 7 have private lakeshore, and the reason Lot 7 was not included in the association is because it is not involved in the common drive. Clapsaddle suggested that condition //8 specifically include a statement that no recreational vehicle storage or no other vehicular storage be permitted in the common drive to ensure that it can be enforced by the City. Mueller stated that the Planning Commission should be given opportunity to comment on final plats and be given the opportunity to review the covenants. Staff commented that this issue can be addressed at a discussion meeting. Relating to the over-story trees in the utility easement, Koegler stated that they would like to look at the utility plans and work with the developer, but there is enough space in the 5 foot boulevard to support an over-story tree if it can be kept away from the utility lines and staff would like flexibility in the resolution until they can determine where trees can be added. MOTION made by Mueller to recommend approval of the PDA as recommended by staff, with the conditions I - 10 listed in the Planning Report and in the Engineer's Memorandum, with the following additions and modifications: #4 Covenants and association bylaws shall be submitted for review and approval by the City Attorney and reviewed by the Council prior to approval of the preliminary plat. //8 The common driveway area exclusive of the guest parking area shall be posted as a "no parking/no exterior storage" area. The Guest parking area shall not allow the parking of recreational vehicles for more than 48 hours continuous exclusive of the covenants and restrictions. Planning Commission Minutes April 14, 1997 The developer shah submit detailed identifying materials and a tiered approval by the City Engineer. plans for the retaining wall ti fo .... : ......'~ construe on r .......... #10 Move gl0 in the report to gll, the new gl0 should read as follows: Lot seven shall be included in the covenants and restrictions and verbiage allowing individual costs of snow removal. gll The recommendations and conditions found in the Engineer's Report are incorporated herein. g3.h. Modification of the radius from the new Kildare Road to Kerry Lane, to increase the distance between the southwest corner to more easily accommodate turning on the road. g3.i. That a larger availability for absorption of water at the intersection of Kerry Lane and new Kildare Road be presented to the Council by the Engineering staff. Clapsaddle seconded the motion. Voss stated that he will vote against the motion due to the steep grade of the road, the narrow street, and the child safety issue due to increased traffic. Reifschneider agreed with Voss and stated he has a hard time with 23 variances, this kind of hardcover on this kind of slope, and the fact that there are too many outstanding issues. Hanus asked who will determine what the radius will be at the corner of Kerry and Kildare. Weiland suggested that Cameron and Steve Grand get together to discuss how much property can be taken to improve the radii. Koegler summarized that two issues have been raised, the street radius being one, and this drainage on the new portion of Kildare Road being another. He suggested the Commission ask the City Engineer to use his professional judgement, are there means and methods by which the radius can be improved and by which the impact of storm water can be lessened coming off the cul-de-sac and to report what those means and methods might be to the City Council. Mueller moved to amend the motion to incorporate the language suggested by the City Planner into "g3.h. and i", with the exception that the storm water be lessened coming of the "street", not the "cul-de-sac," as follows: g3.h. The City Engineer is to report to the Council possible means and methods to improve the turning radii at Kerry and Kildare and means and methods to lessen the impact of storm water run-off from Kildare Road. Clapsaddle seconded the amendment. Planning Commission Minutes April 14, 1997 Burma stated that there will never be a PDA that won't have issues to deal with, and the developer has addressed problems raised by staff and the Planning Commission. Burma stated that he will vote in favor of the motion. Hanus asked what a finding of fact may be for permitting the setback variances. Clapsaddle commented that one finding may be the way the City was originally platted with small streets and small lots. Mueller suggested that the technical expense of making it accessible and the fact that a conservation easement is being given to keep the shoreland pristine could be findings. Koegler clarified that the variances the Commission should be acting on are the 20' foot bluff setbacks, all except for Lot 2 which should be 15'. Motion carried 7 to 2. Those Burma, Clapsaddle, Glister, Michael, Muller, Weiland, and Hanus. Those opposed were: Reifschneider and Voss. This case will be heard by the City Council on May 13, 1997. PLANNING REPORT Hoisington Koegler Group Inc. [lllrt I!!H TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: April 9, 1997 SUBJECT: Conditional Use Permit (PDA), Variances and Preliminary Plat - Seton Bluff APPLICANT: Fine Line Design Group, Inc. (Steve Behnke) CASE NUMBER: 96-64 HKG FILE NUMBER: 96-5s LOCATION: Lots 15 through 32, Block 11, Seton - Kildare Road EXISTING ZONING: Single Family Residential (R-IA) COMPREHENSIVE PLAN: Residential BACKGROUND: Fine Line Design Group is seeking approvals for a Planned Development Area (PDA) on a 1.47 acre tract of land along a currently unimproved portion of Kildare Lane. Approval of the plan will require action by the City to issue a conditional use permit for the PDA, grant variances as part of the PDA and approve the proposed preliminary plat. The current application is similar to the proposal reviewed by the Planning Commission on February 10, 1997. Major changes to the plan include the deletion of one unit, all lots now conform to minimum size criteria and the total number of variances has been significantly reduced. The Seton Bluff site lies along the north side of Kildare Road (right-of-way). Historically, the area was platted into a series of 18 individual lots. At some point in the past, some of the lots were combined which resulted in one parcel containing the 12 easternmost lots. The actual platted ownership involved in this case also includes lots that lie below the OHW for Lake Minnetonka. The center of the site contains a knoll with an elevation of 962 and the site drops off on all sides with the western and northern boundaries of the property bordering Lake Minnetonka. Scattered tree cover exists throughout the property and slopes along the western and northern portions of the site qualify as bluffs under the Mound Zoning Code. The bluff line is delineated on the survey. The physical conditions of the site and this area of Mound complicate development of the property. In lieu of a traditional platted lot approach which would result in driveway cuts and retaining walls for all of the lots in order to provide access to Kildare Road,,the developers are proposing the project as a Planned Development Area (PDA) which facilitates the establishment of a common access drive serving all of the proposed homes. The common access drive also allows much more control of storm water runoff. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 J I i, ,L iii, ,~,, J , I Seton Bluff Planning Report April 9, 1997 Page 2 The development plan calls for the extension of Kildare Road from its present terminus at Kerry Lane westward a total distance of approximately 250 feet. Construction of six homes will occur on the eastern portion of the site with 5 of them served by a common driveway. These homes will all have common elements such as building materials, roof pitch and other characteristics which will make them a cohesive development without having the exact same facade treatment. The remaining lot will not necessarily "match" the structures on the eastern six lots. The two westernmost lots have direct access to the bubble of the proposed cul-de-sac. Homeowner's association bylaws and covenants will apply to the eastern six lots. In addition to the two garage stalls in each unit and the two driveway parking spaces, five additional guest parking spaces are located in a parallel configuration along the common driveway area. COMMENTS: Implementation of the project will require approval of a conditional use permit, variances and a preliminary plat. Additional approvals are being requested from the Park and Open Space Commission pertaining to a multiple dock license and a Public Lands Permit for a proposed stairway. A recommendation on these items will be forwarded to the City Council from the Park and Open Space Commission. Items requiting Planning Commission action are addressed as follows: Planned Development Area The Mound Zoning Code allows the establishment of a Planned Development Area (PDA) by conditional use permit as "a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires more unique and controlled platting techniques to protect and promote the quality of life in the City." The developer is seeking PDA approval in order to establish the common access drive. The Zoning Code requires a minimum of 2 acres of land area for Planned Development Areas. The net site area of Seton Bluff is 1.35 acres necessitating a variance of .65 acres in order to process the request as a PDA. Because of the physical conditions of the site, processing this request as a PDA gives the City the ability to add appropriate conditions to the approval. For this reason, staff supports the PDA site area variance. Variances The provisions of the Mound Zoning Code require that variances associated with the PDA be listed and approved as part of the plan. The proposed site plan includes the following variances: Right-of-way width Cul-de-sac tight-of-way radius Improved cul-de-sac radius Improved street width Street grade Required Proposed .Variance 50' 35' 15' 50'r 40'r 10'r 40'r 35'r 5'r 28' 24' 4' 8% max 13% 5% PDA Site Area (discussed above) 2 acres 1.35 acres .65 acres Seton Bluff Planning Report April 9, 1997 Page 3 Lots: Lot 1 - Bluff Setback Side Yard Setback (west) Required 30' 10' Proposed 10' 6' Variance 20' 4' Lot 2 - Bluff Setback 30' ,30"Iff 249' 1 cq Side Yard Setback (west) 10' 6' 4' Lot 3 - Bluff Setback 30' 10' 20' Side Yard Setback (west) 10' 6' 4' Lot 4 - Bluff Setback 30' 10' 20' Side Yard Setback (west) 10' 6' 4' Lot 5 - Bluff Setback Side Yard Setback (west) Front Yard Setback 30' 20' 10' 10' 6' 4' 20' 15' 5' Lot 6 - Bluff Setback Side Yard Setback (west) Front Yard Setback 30' 20' 10' 10' 6' 4' 20' 15' 5' Lot 7 - Bluff Setback (rear) 30' 10' 20' Bluff Setback (side) 30' 10' 20' Impervious Cover 30% 32.8% 2.8% In the case of Lots 1 - 6, the developer has requested a blanket 20 foot variance from the required bluff setback. In reality, some of the units can be setback a distance greater than 10 feet from the bluff line because of the location of the bluff contour. Accordingly, the Planning Commission may want to consider a lesser bluff setback variance which would truly represent a minimum situation under the Zoning Ordinance criteria. At the meeting, the developer should be able to provide additional information on the actual bluff setbacks for each of the lots. The actual requested bluff setback could be used as the basis for the variance request in lieu of a 20' blanket setback variance. Five variances pertain to the public street that will serve the property. In addition to the right-of-way that totals 35 feet in width, the plan calls for the creation of an additional 5 foot wide street easement bringing the total public land width to 40 feet. Specific details about the street related variances can be found in the City Engineer's report. According to calculations submitted by the applicant, impervious cover for the project totals 32.8%. The additional impervious cover is largely due to the expansive common driveway and guest parking area. Developing the property with traditional driveways would reduce the amount of impervious cover, however, it would complicate storm water drainage problems in the area. Seton Bluff Planning Report April 9, 1997 Page 4 Side yard setback variances are being requested for Lots 1 - 6. For the R-IA zone, 10 foot side yard setbacks are required and for lots of record, one side yard setback can be 6 feet. The west side setback for the six lots is 6 feet which conforms to the lot of record requirement but does not conform to the non-lot of record requirement. Preliminary Plitt The preliminary plat shows an additional 5 feet of right-of-way along Kildare Road and land area to accommodate the cul-de-sac bubble. All lots exceed the minimum lot size requirement of 6,000 square feet as required in the R-lA zoning district. The setbacks identified in this report were taken from the Preliminary Plat which is the legal instrument establishing the lot areas. Density PDA projects in Mound are required to comply with the density restrictions found in Section 350:460 of the Code of Ordinances. Since Seton Bluff is in the shoreland area, the density limitations for shoreland PDA's also apply. Density in a PDA is established by the underlying lot size for the applicable residential district. The PDA provisions specifically delete land used for streets and utilities from the gross density calculation. In the case of Seton Bluff, the amount of land above the flood plain elevation totals 56,357 square feet. This site area will accommodate 9 units under the non-shoreland PDA density provisions. Since Seton Bluff is in the shoreland area, it needs to be evaluated consistent with the shoreland density regulations found in Section 350:1200 of the Code of Ordinances. Shoreland standards establish a series of tiers within which units are allowed based on a standard of 10,000 square feet. The tiers are established based on the location of the 929.4 contour. In the case of Seton Bluff, all of the property is in the first tier. The shoreland ordinance does allow density bonuses and the proposed site plan does qualify because the setbacks from the ordinary high water contour equal or exceed a minimum of 125% of the required 50 foot setback. The proposed density with the applicable bonus is consistent with the maximum density allowed under the shoreland ordinance. Application of the shoreland standards results in a maximum of 7 units. Tree Preservation Section 350:725 of the Mound Zoning Code contains standards regarding tree preservation. The code states, "It is the intent of the City of Mound to preserve wooded areas throughout the City and with respect to future site development, to retain, as far as practicable, substantial existing tree cover." Seton Bluff contains scattered tree cover. Construction of the access drive and units will necessitate removal of most of the vegetation in the front portion of the site. Trees located within the bluff area will remain undisturbed. The amount of tree loss due to the Seton Bluff development proposal is, in all likelihood, probably equal to the amount of tree removal that would be necessary to construct homes with individual driveways on to Kildare Road. Seton Bluff Planning Report April 9, 1997 Page 5 A landscaping plan was included as part of the site development plans. The landscaping plan calls for the installation of trees and shrubs along the Kildare Road frontage and in front of the units in between the driveway areas. Because of the amount of tree cover being removed on the front portion of the site to accommodate the housing units and driveway areas, it would be appropriate to include additional overstory tree plantings between the curb of the private parking area and the curb of Kildare Road. The grading plan shows a retaining wall near the common driveway along the southeastern portion of the site. At it tallest point, the wall is approximately 14 feet in height. There is enough room along the southern exposure of the wall to create a tiered retaining wall with additional plantings being placed in the tier to break up the expanse of wall surfacing. Materials for the wall are unspecified and should be subject to staff review and approval. Traffic resulting from the proposed development will be generated at the same rate as the existing households in the vicinity since the proposed development and all of the development in the area consists of detached single family homes. The seven new residences will each generate approximately 10 trips per day based on standards published by the Institute of Transportation Engineers and the Urban Land Institute. Wetlands According to the City's wetlands map, the wetland elevation for the property in question is 929.5 feet. The development plan does not identify any construction in the wetland area and all of the units comply with the Watershed District's 35 foot setback requirement. RECOMMENDATION: The developers of Seton Bluff have designed a project that complies with density provisions of the Zoning Code and meets the lot of record setback provisions. The project, however, does not meet the non-lot of record provisions which apply in this case since 12 of the lots were combined in the past. In any Planned Development Area project, trade-offs are involved. In this case, the major trade-off appears to be impervious cover and setback variances for a plan that handles storm drainage from the site in a more beneficial manner. The policy question that needs to be answered by the Planning Commission and City Council is whether or not this trade-off is equitable. Staff feels that the proposed plan with one less unit satisfies most of the concerns that were raised in previous reviews. After its deliberations, if the Planning Commission feels that it is equitable, the development could be approved with appropriate conditions. Alternatives to that approach include approval with modifications or denial. If the Planning Commission feels that the plan is appropriate and consistent with the Mound's provisions for Planned Development Areas, the following conditions are suggested: Seton Bluff Planning Report April 9, 1997 Page 6 o o o o Plans shall be reviewed and approved by the Minnehaha Creek Watershed District. The applicant shall be responsible for park dedication requirements consistent with Section 330:120 of the Mound Code of Ordinances. The landscaping plan shall be modified to add deciduous overstory trees in the turf area between the curb of Kildare Road and the curb defining the edge of the guest parking spaces and plantings in the retaining wall tier. The landscaping plan modification shall be subject to a review and approval by the City Planner. Covenants and association bylaws shall be submitted for review and approval by the City Attorney. Escrow accounts shall be established as required by City Code and shall at all times, maintain a positive fund balance. Issues pertaining to proposed docks shall be addressed by the Mound Park and Open Space Commission and City Council. The conservation, drainage and utility easement that is proposed for the rear portion of the lots shall contain a provision which allows tree removal only for trees that are dead or diseased. Trees shall be defined in the agreement as all species exceeding 3 inches in caliper. The easement document shall be reviewed and approved by the City Attorney. The common driveway area exclusive of the guest parking area shall be posted as a "no parking" area. ° 10. The developer shall submit detailed plans for the retaining wall identifying materials and a tiered construction for review and approval by the City Engineer. The recommendations and conditions found in the Engineers Report are incorporated herein. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors MEMORANDUM TO: FROM: DATE: SUBJECT: Jon Sutherland, Planning and Zoning John Cameron, City Engineer April 8, 1997 City of Mound Preliminary Plat - Seton Bluff, Case #96-64 Engineering Review MFRA # 11542 We have reviewed the revised plans submitted for preliminary plat approval of S~ton Bluff which has one less lot than the previous submittal. Most of the concerns we expressed in our review letter dated February 5, 1997 have been addressed except for the following items: 1. The previously identified variances remain necessary for this revised plan. ao Right-of-way width- 15' variance. Cul-de-sac right-of-way - 10' variance. Improved street -width 4' variance. Improved cul-de-sac radius - 5' variance. Street grade - variance from 8% to 13% slope. 2. Site Plan The 3 center guest parking stalls need to be 23 feet long and the 2 end stalls 22 feet long, for an overall length of 113 feet, curb to curb. The plan §cales 110'. The private driveway, individual drives and mm around are not dimensioned, but in scaling the drawing, they appear to be sufficient. An Equal Opportunity Employer Jon Sutherland April 8, 1997 eo Grading limits must be restricted to applicant's property and City right-of-way. Plans must be approved by MCWD. Proposed slopes cannot exceed 2-1/2:1. Prefer 3:1. Proposed elevation at front of unit on Lot 5 needs to be raised a minimum of 12" and the unit on Lot 4, a minimum of 6". A flatter area (5 feet minimum) behind the curb on Kildare at Lots 2, 3 and 4 needs to be provided for snow storage. The drainage arrows indicate that the entire building envelope drains south to the private drive and/or cul-de-sac. The rear portion of these units will have to drain north. A more desirable drainage pattern will need to be designed for the City cul-de-sac than the sheet drainage as shown. a. Add surge basin at storm sewer outlet and relocate to the toe of the slope. b. Provide sump with baffle in CBMH. c. Public improvements to meet all City standards. e:~nain:\l 1542\suther48 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-o620 Memorandum DATE: TO: FROM: SUBJECT: March 21, 1997 John Cameron, City Engineer Mark Koegler, City Planner Ceil Strauss, DNR Greg Skinner, Public Works Dept. Fire Department Jim Fackler, Parks Department Peggy James, Planning Secretary ~ Seton Bluff Attached are revised drawings for the proposed Seton Bluff PDA. This case will be heard by the Planning Commission on April 14th and by the City Council on May 13th. The Park Commission will be reviewing the Park Dedication fee issue on April 10th. Please submit your comments/reports to Peggy by April 9th. Thank you. cc: Jon Sutherland, Building Official Enclosures printed on recycled paper Planning Commission Minutes ................................. February 10, 1997 easement. Snow removal was discussed. Behnke noted that the association will handle the plowing and snow will be stored at the end of the cul-de-sac. The setbacks were reviewed. Behnke confirmed that decks will be within the footprint shown. Mueller expressed a concern about setting a precedent by approving the bluff setbacks. Koegler commented that you can argue all variances on a case by case basis, and noted that this is a difficult site due to the road and bluff, and analyzing the merits of this development, if the same conditions were present elsewhere, then maybe variances would need to be considered. Mueller questioned the ability to develop this property utilizing existing lot lines. Staff confirmed that these lots could not be developed until the street is improved and utilities are extended. Mueller questioned if there are any other developments that have been approved that have no direct access from a public road. Koegler noted that there are townhouses by the bridge on Bartlett that may be similar, but this may be the first, and explained that this configuration was the product of a lot of discussion in order to control the grade. Mueller asked if the City is required to allow people to build on lots just because they're platted. Koegler noted that there would be cases where the property could not be developed. Clapsaddle commented that it is bad to assume that the structures will not be built closer than 3 feet to the property line and suggested that the plat just show 6 feet. Clapsaddle expressed a concern about outside storage of recreational vehicles. Behnke noted that the association rules will require they be parked inside the garages and that no outside storage will be allowed. Behnke would not object if this were a requirement of the PDA. Hanus asked Koegler to explain the confusion with the DNR relating to the delineation of a bluff. Koegler explained, and noted the end result is that the drawing does conform to the definition. The density variance was reviewed. Koegler noted that this development does meet the overall density require~ments and it does comply with the underlying 6,000 square foot lot area requirement. Chair Michael opened the public hearing. Steve Grand expressed concerns with the development and drainage in the area. At the end of his driveway on Kerry Lane there is a dip in the road and this is were most of the sand and silt from Kildare Road settles. His neighbor's property across the street also gets silt in front of her house. Also, the corner of her lot was destroyed by during construction of the new houses on Kildare. Grand is concerned about loss of view towards the lake, he will not be able to see between the houses because they will be so close together. He has great concerns about drainage and aesthetics. Grand explained that when they built the existing houses on Kildare they Addendum to Seton Bluff Narrative March 19, 1997 The existing site is now under one ownership, and one applicant. The net site is now defined as 1.35 acres. being requested. Pro_ieet Overview MAR 2 0 1997 A variance for a PDA less than 2 acres is The project now comprises of the platting of 6 - 44' wide lots and a 7th comprising the balance of the land. All lots comply with the 62.5' setback from the 929.4' OHW allowing the site to benefit from a density bonus from 6 lots to 9 lots. The guest parking is now 5 spaces. The private drive is now 19' wide. Side yard variances of 4' are being requested on one side of each lot. A front yard variance from 20' to 15' is being requested for lots 5 and 6. A Bluff setback variance from 30' to a minimum of 10' is being requested for all 7 lots. A coverage variance of 32.8% is being requested to allow the construction of the private drive. Landscape Plan Trees have been added to the 'islands' between the homes. CITY OF MOUND 5341 MAY~NOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 March 12, 1997 Mr. Steven Behnke Fine Line DESIGN group, inc. P.O. Box 1611 Burnsville, MN 55337 RE: REVIEW OF SETON BLUFF Dear Mr. Behnke: On January 31, 1997, you submitted a completed application for a preliminary plat, variances and a conditional use permit for the Seton Bluff development in the City of Mound. After the Planning Commission meeting on February 10, 1997, you stated that you intend to modify the existing site plan and resubmit another plan for Planning Commission approval prior to the time that the request is acted upon by the City Council. Minnesota Statute § 15.99 gives cities 60 days to make certain types of land use decisions. In accordance with your desire to prepare a new plan and the statutory review process, this letter is to inform you that the City is terminating the review time for this project. When you complete your new plan, it will be considered as a new application for the purposes of § 15.99, however, you will not be required to pay any additional application fees to the City of Mound, but additional costs relating to staff review may be assessed to your escrow account. If you have any questions on this matter, please contact our City Planner, Mark Koegler at 835-9960. Building Official JS:pj cc: Mark Koegler, City Planner printed on recycled paper Rev. 3-6-96 Application for CONDITIONAL USE PERM]T City of Mound 5341 Maywood Road, Mound, MN 5536, Phone: 472-0600, Fax: 472-0620 CiTY OF'i OUND Planning Commission Date:~J City Council Date: -~~-~ g i st ribut ion: City Planner: City Engineer: Public Works: Other: '~J~--~: Conditional Use Permit Fee~ Please type or print the following information: PROPERTY Subject Address ~---'~[ ( C~ ~F--" --]~¢~;~ INFORMATION Name of Business LEGAL Lots I ~-- % ~ ~ Block DESCRIPTION Q~ ~19 Subdivision PID~ APPLICANT The applican~ is: __owner ,X other: Name ~ ~P~I~ ~~. J~. / Jif other than applicant) ARCHITECT, ' ENGINEER Ph°ne(H) a0--~ ~~--7~ ZONIN~ ~i~ol~: ~-I ~ ~-~ ~-3 B-I B-2 B-3 CHANGEOF FROM: ~--~ USE Conditional Use Permit Application Page 2 Description of Proposed Use: 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 compl/tion of t~e, pro~o~ed development:. Estimated Development Cost of the Project: $ ~%~ ~~ ~ ~F-~~ (~ 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 numb~r(~) and/p~ovide copies of resolutions. Property Owner's Signature ~a,~ ~ ~'~-~iltl~'~ Date o~3 ~~ ~~ ' MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION FEBRUARY 10, 1997 CASE 96-64: PUBLIC HEARING: PRELIMINARY PLAT/PDA/VARIANCES "SETON BLUFF", FINE LINE DESIGN GROUP, INC. LOTS 15 - 32, BLOCK 11, SETON, 19-117-23 22 0036-41 & 54 Chair Michael explained the public hearing procedures. City Planner, Mark Koegler, reviewed the Planning Report. Fine Line Design Group is seeking approvals for a Planned Development Area (PDA) on a 2.04 acre tract of land along a currently unimproved portion of Kildare Road. The physical conditions of the site and this area of Mound complicate development of the property. In lieu of a traditional platted lot approach which would result in driveway cuts and retaining walls for all of the lots in order to provide access to Kildare Road, the developers are proposing the project as a PDA which facilities the establishment of common areas including a common access drive serving all of the proposed homes. The common access drive also allows more control of storm water. The plan calls for the development of Kildare Road westward from Kerry Lane about 250 feet. Six of the proposed homes will be served by a common driveway, and two homes will have direct access to the cul-de-sac. Homeowner's association bylaws and covenants will apply to only the eastern six lots. Planning Commission Minutes ................................. February 10, 1997 ' - Items requiring Planning Commission action include approval of a PDA by Conditional Use Permit, Variances, and the Preliminary Plat. The PDA is being sought in order to establish the commons access drive and the commons green space areas that will be maintained by a homeowner's association. Koegler briefly reviewed the variances requested associated with the PDA. The street variances are as follows: Required Proposed Right-of-way width 50' 35' Cul-de-sac right-of-way (radius) 50' 40' Street paved width 28' 24' Variance 15' 10' 4' Koegler noted that there are various variances requested for lots 1-6, 8 & 9, including lot size, bluff setback, and side and front yard setbacks. The lot size variances relate to the type of development proposed because a significant amount of the site will be platted as an outlot. The total land area of the project lying above the flood elevation of 931.0 is 60,364 square feet. If the common areas were removed and the proposed lots were evenly split among the total site area, lot sizes would be 7,545 square feet. Impervious Surface coverage for the entire property is proposed to be 36.7% resulting in a variance request of 6.7 %. The additional coverage is largely due to the expansive common driveway and guest parking area. The setback variances do not represent the true structural setback situation. The Uniform Building Code requires that buildings be placed 3 feet from the side and rear lot lines unless the construction is fire rated. The developer has stated that it is his intent to observe the additional 3 foot setback from the side and front property lines resulting in 12 feet of separation between the actual housing units. A 6 foot setback (12 feet total) conforms to the lot of record setback for the R-iA zone but not the 10 foot setback required by the non-lot of record provisions. Koegler reviewed the density requirements in Section 350:460 of the City Code. This site area will accommodate 10 units under the PDA density provisions. However, since Seton Bluff is in the shoreland area, it also needs to be evaluated consistent with the shoreland density regulations in Section 350:1200 of the Code. The proposed density of 8 units exceeds the maximum of 6 units allowed by the ordinance. The shoreland ordinance does allow density bonuses, however, the proposed site plan does not qualify because the setbacks from the ordinary high water contour do not equal a minimum of 125 % of the required 50 foot setback. Therefore, a variance for the two units that exceed the density standard will need to be granted if the project is to proceed as planned. Koegler further reviewed tree preservation, landscaping, traffic, and wetland issues. RECOMMENDATION: The developers of Seton Bluff have designed the project that complies with most of the lot of record setback provisions of the Mound Zoning Code. The project, however, does not meet the non-lot of record provisions which apply in this case since 12 of the lots were combined in the past. In any PDA, trade-offs are involved. In this case, the major Planning Commission Minutes ................................. February 10, 1997 trade-off appears to be higher density than what is allowed by the shore/and ordinance and setback variances for a plan that handles storm drainage from the site in a more beneficial manner. The policy question that needs to be answered by the Planning Commission and City Council is whether or not this trade-off is equitable. After its deliberations, if the Planning Commission feels that it is equitable, the development could be approved with appropriate conditions. Alternatives to that approach include approval with modifications or denial. Koegler noted the suggested conditions for approval listed in his report. Koegler referred to the Engineer's report and noted that it contains further comments and recommendations. The Engineer recommended approval of the preliminary plat subject to a number of conditions as outlined in the report. Applicant, Steve Behnke introduced himself as President of Fine Line Design Group, and addressed the planning report. Behnke noted that the street is proposed to developed as originally designed by the City Engineer in his street report which was done in December of 1995. Behnke emphasized the following: The average lot size is well over the 6,000 square foot minimum at 7,500 square feet when you take the common land and spread it out. Lot 8 is the smallest due to the cul-de-sac. Lots 8 and 9 are still lots of record and therefore are entitled up to 40 % hardcover. 31 percent of this site is under water. 64 % of the site is green space. The impervious coverage that is planned is designed to keep water out of the Kildare Road and Kerry Lane intersection. The arrangement of the proposed dwellings maintain the lines as originally platted. The private drive increases impervious cover, but also performs the function of decreasing run off onto Kildare. Current impervious surface calculations are with the driveways three car wide. If the driveways are reduced in size to two cars wide, the impervious coverage drops by 1%. If this property was developed with standard driveways extended from Kildare, impervious coverage would drop by only another 1%. The houses have been situated to create a detached townhome feeling with the grounds being maintained by an association. This is the same number of houses that would be allowed by the original plat and is 4/5 of what the density requirements would allow now. Planning Commission Minutes ................................. February 10, 1997 '- Only lot 8 is not at 125 % of the lake side setback. They have no problem installing over-story trees in certain locations, between lots 2 & 3, 4&5, and 6&8. The other islands contain services and over-story trees are not recommended over services. Behnke proceeded to address the conditions outlined in the Engineer's Memorandum, and made the following comments: All association land is held in common and is available for drainage and utility easements. The association also would control any construction within the common area. Lots 8 and 9 will have the drainage and utility easements added around the boundaries. The "no parking on the private drive" is acceptable to them. The parking area is not intended to be used for everyday parking, and therefore, would like to maintain the 16 foot wide width of the private drive. He also noted that 18 feet is the recommended maximum width for hardcover drives according to design standards. He does not feel it would be wise to shift the houses closer to the bluff as this would decrease the bluff setback and also add impervious surface by increasing the length of the driveways. He does not feel curb and gutter have a value at this point since the private drive will drain through the middle. During construction they will install silt fences and intend to control all run-off from the site. Watershed approval is being sought, but they will not review until there is preliminary approval from the City. Behnke explained the "rip rap basin" proposed at the bottom of the slope, and the catch basin manhole at the top. Visual aids were used to indicate that 40 % of the site currently drains down Kerry Lane, and after development only 10% will drain down Kerry. The 30% balance will go into the proposed catch basin. Visual aids were provided to show the types of homes to be constructed. The Commission discussed the steep grade of the proposed road and the steep grade of the existing Kildare Road extending to the east. Voss expressed a concerned with the silt/sand on Kerry Lane that washes down from Kildare, and noted that the amount of silt should be reduced with the development of this plan. Mueller questioned if the retaining wall proposed at the southeast comer of the development will be 16 feet tall. Behnke confirmed that the wall will be 15 to 16 feet tall and will have plantings on the top and bottom. Mueller noted that there will only be 3 feet between the wall and the Planning Commission Minutes ................................. February 10, 1997 easement. Snow removal was discussed. Behnke noted that the association will handle the plowing and snow will be stored at the end of the cul-de-sac. The setbacks were reviewed. Behnke confirmed that decks will be within the footprint shown. Mueller expressed a concern about setting a precedent by approving the bluff setbacks. Koegler commented that you can argue all variances on a case by case basis, and noted that this is a difficult site due to the road and bluff, and analyzing the merits of this development, if the same conditions were present elsewhere, then maybe variances would need to be considered. Mueller questioned the ability to develop this property utilizing existing lot lines. Staff confirmed that these lots could not be developed until the street is improved and utilities are extended. Mueller questioned if there are any other developments that have been approved that have no direct access from a public road. Koegler noted that there are townhouses by the bridge on Bartlett that may be similar, but this may be the first, and explained that this configuration was the product of a lot of discussion in order to control the grade. Mueller asked if the City is required to allow people to build on lots just because they're platted. Koegler noted that there would be cases where the property could not be developed. Clapsaddle commented that it is bad to assume that the structures will not be built closer than 3 feet to the property line and suggested that the plat just show 6 feet. Clapsaddle expressed a concern about outside storage of recreational vehicles. Behnke noted that the association rules will require they be parked inside the garages and that no outside storage will be allowed. Behnke would not object if this were a requirement of the PDA. Hanus asked Koegler to explain the confusion with the DNR relating to the delineation of a bluff. Koegler explained, and noted the end result is that the drawing does conform to the definition. The density variance was reviewed. Koegler noted that this development does meet the overall density requirements and it does comply with the underlying 6,000 square foot lot area requirement. Chair Michael opened the public hearing. Steve Grand expressed concerns with the development and drainage in the area. At the end of his driveway on Kerry Lane there is a dip in the road and this is were most of the sand and silt from Kildare Road settles. His neighbor's property across the street also gets silt in front of her house. Also, the corner of her lot was destroyed by during construction of the new houses on Kildare. Grand is concerned about loss of view towards the lake, he will not be able to see between the houses because they will be so close together. He has great concerns about drainage and aesthetics. Grand explained that when they built the existing houses on Kildare they Planning Commission Minutes ................................. February 10, 1997 ' - removed all the trees on the lot and everything was a muddy mess. All the erosion eventually goes into Black Lake. At the request of the Chair, City Engineer, John Cameron explained that less drainage will go towards Kerry Lane with the proposed plan. Voss questioned how many houses could be constructed on this property if it were not replatted. Koegler stated that the way the property is currently platted, the one parcel would need to be divided and there are three lots at the end, but street access would need to be provided, so he would estimate about 5 or 6 units with driveway access directly of Kildare could be constructed. Behnke commented that utilizing the property as lots-of-record, he believes 9 units could be constructed. Grand stated that he does not want a worse problem, and there is no drainage problem from that property now, but when the road is developed there will be. Vicki Hockert, owner of the house across the street from Steve Grand stated that during the construction of the two new homes across the street from her, the corner of her lot was destroyed by trucks and construction equipment. There was a tremendous amount of dirt and erosion rurming onto her property. She expressed a concern about increased traffic as a result of this development. She feels the proposal is for too many homes in too little of an area. Vicki asked who is responsible for damage done to her property. Behnke confirmed that until the Kildare Road improvements are done, there will be construction equipment in the intersection of Kerry and Kildare. Sutherland commented that he had a problem with Brenshel Homes in controlling the erosion during construction the houses on Kildare, but with a new development such as what is proposed the City will have a development contract and a financial guarantee to better control these types of issues. The radius of the corners from Kerry to Kildare was reviewed. Grand agreed that he would rather see a rounder corner rather than seeing people bounce over the curb and ruining his yard. Chair Michael closed the public hearing. Clapsaddle asked staff how this project will affect the intersection and asked what is the solution. Cameron explained that the radius of the corner on Kerry and Kildare is currently 5 feet which is the result of improving a 28' wide street in a 30' wide platted right-of-way. When these streets were improved they had to get easements from owners for the corners of their properties. Vicki's property corner is in the street. Behnke stated that no parking will be allowed on Kildare Road due to the narrow width, which is why guest parking was proposed in the private drive. Behnke stated that with the additional 4 feet of right-of-way on the south side, they could have a 9 foot radius, and if Grand donated an easement the radius could be even bigger. Planning Commission Minutes ................................. February I0, I997 Erosion control during the project was further discussed. Behnke noted that the excavator who worked with Brenshel during the construction of the existing homes is no longer working with Brenshel. The width of the driveway and parking stalls was reviewed. Cameron noted that the reason he is recommending curbing on the south side of the common driveway is to protect the easement area from cars parking on it and to assist with drainage. The requirement for a guardrail at the top of the 16 foot high retaining wall was discussed. Sutherland, noted that the building code does not require a guardrail. Behnke stated that he would accept a condition requiring a hedge on the top of the wall. MOTION by Voss to recommend denial of the Seton Bluff PDA. Seconded by Mueller. Reasons for denial is that the project is too dense, there are topographical problems, drainage issues, and too many houses are proposed for this property. Mueller commented that they are pushing the envelope in every perspective. There are setback variances, bluff setback variances, and hardcover variances and this is because they are pushing the envelope. The DNR allows six houses in the first tier, and if only six houses were proposed the variances would go away and the houses would not be so narrow. Mueller feels they have to look out for the good of the community and for the future residents of this development. Clapsaddle feels that the parking and private drive does not work. He does not totally agree with Mueller, but does agree that the project is too dense. Motion to deny carried 7 to 1. Those in favor of denial were: Burma, Reifschneider, Wetland, Hanus, Voss and Mueller. opposed. Clapsaddle, Michael was This case is scheduled to be heard by the City Council on March 4, 1997. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: February 7, 1997 Park and Open Space Commission// Jim Faclder, Parks Director .f'~'r0 Seton Bluff- Park Dedication & Docks On Tuesday, March 4, 1997, the City Council will hold a public hearing on the Seton Bluff PDA/Preliminary Plat. The following items are being brought to the Park Commission for their recommendations: PARK DEDICATION The developer, Fine Line Design group, inc. (Steve Behnke) has not reserved land on the proposed plat for dedication. City Code Section 330:120 states, "At the City's option .... the subdivider shall contribute an equivalent amount of cash, in lieu of all or a portion of the land which the City may require.., cash contribution shall be a minimum of ten percent (10%) of the total fair market value of the land being divided. In no case shall the dedication in cash be less than $500 for each new lot being created." According to the Hennepin County tax records, the market value of the subject properties are as follows: 19-117-23 22 0036 $ 300 19-117-23 22 0037 300 19-117-23 22 0038 300 19-117-23 22 0039 300 19-117-23 22 0040 1,800 19-117-23 22 0041 1,800 19-117-23 22 0054 6,000 TOTAL $10,800 Calculating $10,800, at 10% would result in a total contribution of $1,080. Therefore, it is recommended that a dedication in cash of $500 per lot be collected in lieu of land dedication. The total dedication would be $4,500. printe~ff on recycled paper Seton Bluff- P&OSC February 7, 1997 Page 2 A multiple dock with eight (8) slips is being proposed as part of the plat. More information will need to be submitted in order for a complete review by the Commission, such as a scaled drawing of the proposed dock, and an application for a public lands permit. In reviewing the preliminary plat, staff has made the following observations: Only six homes sites, those numbered 1 thru 6, would qualify as abutting owners under City Code Section 437:05, SuM. 7, a. "First Priority. An abutting owner...". Building sites 8 and 9 would have private lakeshore and would be addressed under City Code Section 437:05, Sub& 7, aa. "Residents owning private lakeshore..." A Public Lands Permit will be required for the proposed stairways to be located between home sites 4 and 5 and between 2 and 3 which extend onto the City controlled unimproved street right-of-way, Longford Road. Longford Road will need to be recognized on the Dock Location Map and assigned a "Shoreline Type". An application must be made to the DNR for this proposed dock site because it exceeds four slips and extends through protected waters. The lineal footage of this shoreline will also need to be added to the Dock Location Map for purposes of calculating the number of boat storage units BSU's allowed by the LMCD for our Multiple Dock License. February 5, 1997 Mr. Jon Suthefland 5341 Maywood Road. Mound, MN 55364 Minnesota Department of Natural Resources Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (612) 772-7910 Fax: (612) 772-7977 FEB - 7 1997 .... 7': i' :~ ,',;~, Seton Bluff Planned Development Area, Preliminary Plat, Lake ~V'unnet°nka - Black Lake (27-133-12), City of Mound, Hennepin County Dear Mr. Suthefland: We have reviewed the site plans and supporting materials for the above-referenced proposal (received January 28, 1997) located in NWl/4, Section 19, T117N-R23W) and have the following comments to offer: Lake Minnetonka - Black Lake (27-133-12), is on the proposed site. Any activity below the ordinary high water (OHW) elevation, which alters the course, current or cross-section of protected waters or wetlands, is under the jurisdiction of DNR and may require a DNR protected waters permit. The OHW for the lake is 929.4' (1929 NGVD). All plans should be labeled with the OHW noted. I have concerns regarding the BluffLine identified on the plans. Apparently there is some confusion regarding interpretation of the city's shoreland ordinance regarding the definition of a bluff. The city should consider amending its shoreland ordinance to avoid any furore misinterpretation of the definition. At this point in time, the DNR will not object to the city's interpretation. However, regardless of the interpretation, the existing bluff lines appear to be located below the top of the bluff. Impervious surface should be looked at closely. It appears that impervious surface limits are exceeded on several lots. We object to maximum impervious surface being exceeded, especially in an area with such steep topography. Apparently the building density was calculated using the underlying density requirement of 6,000 square feet per unit. The City of Mound shoreland overlay district requires a density not to exceed 10,000 square feet per unit. The DNR would object to granting of a building density based on the use of the less restrictive underlying density requirements. DNR Information: 612-296-6157, 1-800-766-6000 · TTY: 612-296-5484, 1-800-657-3929 An Equal Opportunit) Emploser ~, Printed on Rec?cled Paper Containing a Who Value~, Divcrsll? ~ll~l~ Minimum o! [0c,} Post-Consumer Waste Mr. Son Suthedand February 5, 1997 Page 2 It is unclear how many slips will be requested by the homeowners' association for the docking facility. The docking facility will require a permit from the DNR and/or from the Lake Minnetonka Conservation District (LMCD). The LMCD is the agent for DNR General Permit #97-6098 for permanent and/or multiple docks on Lake Minnetonka. Please contact Greg Nybeck at 471-9588 for guidelines and additional permit information. It appears that the stormwater is proposed to be routed directly to Black Lake (27-133- 12). Stormwater sedimentation/treatment ponds, or other appropriate stormwater treatment features, should be included in the plan. Minnehaha Creek Watershed District should be contacted to discuss stormwater management and any permitting requirements. There should be some type of dedicated easement, covenant or deed restriction for the properties adjacent to the bluff and/or wetland areas. This would help to ensure that property owners are aware that the DNR, the U.S. Army Corps of Engineers, the City of Mound, the Lake Minnetonka Conservation District, and the Minnehaha Creek Watershed District may have jurisdiction over the areas and that bluffs and or wetlands may not be altered without appropriate permits. There may be wetlands on the site that are not under DNR jurisdiction. The U.S. Army Corps of Engineers should be consulted regarding pertinent federal regulations for activities in wetlands. In addition, impacts to these wetlands should be evaluated by the city in accordance with the Minnesota Wetlands Conservation Act of 1991. The following comments are general and apply to all proposed developments: Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan and Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. If construction involves dewatering in excess of 10,000 gallons per day or one million gallons per year, a DNR appropriations permit is needed. You are advised that it typically takes approximately 60 days to process the permit application. If construction activities disturb five acres of land, or more, contractors are required to apply for a stormwater permit from the Minnesota Pollution Control Agency (Scott Thompson ~ 296-7203). Mr. Jon Sutherland February 5, 1997 Page 3 do The commems in this letter address DNR - Division of Waters jurisdictional matters and concerns. These comments should not be construed as DNR support or lack thereof for a particular project. Please contact me at 772-7910 should you have questions. Acting Area Hydrologist PAML/cds C~ Lake Minnetonka Conservation District, Greg Nybeck Minnehaha Creek Watershed District, Jim Hafner U.S. Army Corps of Engineers, Joe Yanta Hennepin Conservation District Fine Line Design Group, Steve Behnke, P.O. Box 1611, Bumsville 55337 JJ L &, ,L iii,, McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors MEMORANDUM TO: FROM: DATE: SUBJECT: Jon Sutherland, Planning & Zoning John Cameron, City Engineer February 5, 1997 City of Mound Preliminary Plat - Seton Bluff Case #96-64 Engineering Review MFRA # 11542 As requested, we have reviewed the plans submitted for preliminary plat approval of Seton Bluff and have the following comments and recommendations: Preliminary Plat There are no proposed drainage or utility easements shown on the preliminary plat. At the very minimum, 5-foot wide drainage and utility easements should be required along the exterior boundary of Lots 7, 8, and 9. In addition, any land area below elevation 931.5 needs to be covered by a drainage easement. The proposed street right-of-way does not meet the City's minimum standards; thus, variances will be required for the following: 1. Right-of-way width - 50' required, 35' proposed - 15' variance required. 2. Cul-de-sac right-of-way - 50' radius required, 40' proposed - 10' variance required. 3. Improved street - 28' wide back-to-back of curb required, 24' wide proposed - 4' variance required. 4. Improved cul-de-sac - 40' radius to back of curb required, 35' proposed - 5' variance required. If the narrower street and cul-de-sac are approved with the appropriate variance, parking on the City street would need to be prohibited. An Equal Opportunity Employer Jon Sutherland, Planning & Zoning February 5, 1997 Page 2 Site Plan The private driveway and parallel parking which serve lots 1 through 6 needs some modification which in mm, may affect the location of the platted lots. The 6 parallel parking stalls are not dimensioned, but in scaling the total length they appear to be approximately 4 feet short. The two end stalls can be 22' long and the remaining 4 should be 23' long, resulting in an overall length of 136 feet. The most westerly stall cannot be located within the proposed right-of-way for Kildare; thus they need to be shifted easterly and the additional footage added to the east end. The width of the private drive as shown at 16' is of concern. We would consider 18' to be the absolute minimum; with 20' wide preferred. We would recommend that lots 3, 4, and 5 be set back 50' from the proposed right-of-way line of Kildare Road. This would allow for the 5' wide easement, 10' wide parallel parking stalls, 19' wide drive and 16' between the edge of the drive and the proposed lot line. This will allow ample space for cars to park in front of the garages and still provide for two way traffic on the private drive. The drawing shows a dimension of 48' on lot 5; whereas it scales 46'; thus the front lot lines for lots 3, 4, and 5 will need to be moved north 4'. The width of the private drive across lot 2 is not dimensioned, but it scales approximately 15'. We are recommending that this section could be narrowed to 14' wide but the distance between the edge of the private drive and the front of lot 2, as measured along the east edge of the parking area must be increased to 16'. This will require either shifting the private drive south or moving the proposed lot northerly. The proposed plan does not indicate any proposed curb and gutter except for the public portion of Kildare Road. We would recommend that at a minimum, concrete curb and gutter be required along the south edge of the private drive and parking stalls. This would include lots 1 and 2. Grading Plan The grading limits must be restricted to the applicant's property and/or existing platted right-of- way, unless easements are obtained from the adjacent property owners. The southerly edge of the project is of particular concern. The amount of silt fence must be increased to encompass all grading activity to protect all the bluff areas and adjacent property. The easterly end of the guest parking must be redesigned to drain towards the proposed catch basin. This may require additional retaining wall in this area. The slope from the parking area, drive and retaining walls towards Kildare Road is too steep. This should not be greater than 2-1/2 to 1 slope. The proposed street grade for Kildare Road is not identified, but it appears to be approximately 13%, whereas City code limits this grade to 8%. The desired street grade will need to be identified and a variance granted for that grade. This street cannot be constructed without exceeding the City's maximum slope allowed by code. The most westerly edge of the proposed cul-de-sac shows grading taking place within the identified bluff area. The City's Shoreland Jon Sutherland, Planning & Zoning February 5, 1997 Page 3 Management Ordinance requires that roads meet the same setbacks as structures "when other reasonable and feasible placement alternatives exist." If no alternatives exist, then they may be placed within the bluff and shore impact zone, but must be designed to minimize adverse impacts, which has been done in this case. The grading and erosion control plan must be approved by the Minnehaha Creek Watershed District (MCWD). The MCWD in the past, has not processed permits applications until the City has granted preliminary approval at the Planning Commission level; thus any City approval should be contingent upon MCWD approval. The proposed grading and drainage for this project is based on the goals of eliminating long individual driveways, with retaining walls, connecting directly to Kildare Road and diverting as much runoff away from Kildare Road as possible. This has been accomplished with the private driveway and private storm sewer system. Utility_ Plan Again; the storm sewer must be approved by the MCWD. The outlet of the storm sewer at the toe of the bluff, will need something to dissipate the discharge such as a surge basin. In addition, the proposed catch basin adjacent to the private drive should be designed to include a sump and baffle system to remove sediment and floating debris. The size of the proposed sanitary sewer and watermain are not indicated. They must be 8" P.V.C. for the sanitary and 6" DIP for the water. All improvements located within Kildare Lane which will become public, must be constructed to City standards. This includes the street construction. Conclusions and Recommendations We would recommend approval of the preliminary plat of Seton Bluff subject to the following conditions: Granting of variances to right-of-way width, improved street width and street grades as follows: a.) Right-of-way width- 15' variance. b.) Cul-de-sac right-of-way - 10' variance. c.) Improved street - 4' variance. d.) Improved cul-de-sac radius - 5' variance. e.) Street grade - variance from 8% to 13% slope. Resubmit Preliminary Plat and Site Plan that match each other with the following revisions: a.) Addition of proposed easements. b.) Revised lot configuration to accommodate requirements for guest parking, private driveway widths and parking in front of garages. Jon Sutherland, Planning & Zoning February 5, 1997 Page 4 o c.) Concrete curb and gutter along south edge of parking and private drive. Grading Plan: a.) Increase amount of silt fence to encompass entire construction area. b.) Approval of plans by MCWD. c.) Revise proposed grades to drain private drive and parking to private storm sewer. d.) Revise proposed grades to limit slopes to 2-1/2:1. Utility Plan: a.) Add surge basin at storm sewer outlet. b.) Provide sump manhole with baffle. c.) Public improvements to meet all City standards. eSmain:\l 1542\suth24 PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: February 4, 1997 SUBJECT: Conditional Use Permit (PDA), Variances and Preliminary Plat - Seton Bluff APPLICANT: Fine Line Design Group, Inc. (Steve Behnke) CASE NUMBER: 96-64 HKG FILE NUMBER: 96-5s LOCATION: Lots 15 through 32, Block 11, Seton - Kildare Road EXISTING ZONING: Single Family Residential (R-lA) COMPREHENSIVE PLAN: Residential BACKGROUND: Fine Line Design Group is seeking approvals for a Planned Development Area (PDA) on a 2.04 acre tract of land along a currently unimproved portion of Kildare Lane. Approval of the plan will require action by the City to issue a conditional use permit for the PDA, grant a number of variances as part of the PDA and approve the proposed preliminary plat. The Seton Bluff site lies along the north side of Kildare Road (right-of-way). Historically, the area was platted into a series of 18 individual lots. At some point in the past, some of the lots were combined which resulted in one parcel containing the 12 easternmost lots. The six remaining lots on the west are still separately platted parcels. The actual platted ownership involved in this case also includes lots that lie below the OHW for Lake Minnetonka. The center of the site contains a knoll with an elevation of 962 and the site drops off on all sides with the western and northern boundaries of the property bordering Lake Minnetonka. Scattered tree cover exists throughout the property and slopes along the western and northern portions of the property qualify as bluffs under the Mound Zoning Code. The bluff line is delineated on the survey. The physical conditions of the site and this area of Mound complicate development of the property. In lieu of a traditional platted lot approach which would result in driveway cuts and retaining walls for all of the lots in order to provide access to Kildare Road, the developers are proposing the project as a Planned Development Area (PDA) which facilitates the establishment of common areas including a common access drive serving all of the proposed homes. The common access drive also allows much more control of storm water which is an issue detailed in both the developers narrative and the City Engineer's report. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Seton Bluff Planning Report February 4, 1997 Page 2 The development plan calls for the extension of Kildare Road from its present terminus at Kerry Lane westward a total distance of approximately 250 feet. Construction of six homes will occur on the eastern portion of the site, all served by a common driveway. The homes in this portion of the site are on property owned by and to be built upon by Fine Line Design. The eastern six homes will all have common elements such as building materials, roof pitch and other characteristics which will make them a cohesive development without having the exact same facade treatment. The remaining lots are owned by a second party and may or may not be built in conformance with the structures on the eastern six lots. The two westernmost lots have direct access to the bubble of the proposed cul- de-sac. Homeowner's association bylaws and covenants will apply to the eastern six lots. COMMENTS: Implementation of the project will require approval of a conditional use permit, variances and a prelim/nary plat. Additional approvals are being requested from the Park and Open Space Commission pertaining to a multiple dock license and a Public Lands Permit for a proposed stairway. A recommendation on these items will be forwarded to the City Council from the Park and Open Space Commission. Items requiring Planning Commission action are addressed separately as follows: Planned Development Area The Mound Zoning Code allows the establishment of a Planned Development Area by conditional use permit as "a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires more unique and controlled platting techniques to protect and promote the quality of life in the City." The developer is seeking PDA approval in order to establish the common access drive and the common green space areas that will be maintained by a homeowner's association. Variances The provisions of the Mound Zoning Code require that variances associated with the PDA be listed and approved as part of the plan. The proposed site plan includes the following variances: Right-of-way width Cul-de-sac right-of-way (radius) Street paved width Lots: Lot 1 - Area Bluff Setback Side Yard Setbacks Required Proposed yariance 50' 35' 15' 50' 40' 10' 28' 24' 4' 6,000 sf 2,210 sf 3,790 sf 30' 10' 20' 3' 10' 7' Lot 2 - Area Bluff Setback Side Yard Setbacks 6,000 sf 2,312 sf 3,688 22' 30' 8' 3' 10' 7' sf Seton Bluff Planning Report February 4, 1997 Page 3 Lots: Lot 3 - Area Bluff Setback Side Yard Setbacks Required 6,000 sf 30' 10' Proposed 2,312 sf 22' 3' Variance 3,688 sf 8' 7' Lot 4 - Area Bluff Setback Side Yard Setbacks 6,000 30' 10' sf 2,312 10' 3' sf 3,688 20' 7' sf Lot 5 - Area Bluff Setback Side Yard Setbacks 6,000 30' 10' sf 2,210 11' 3' sf 3,790 19' 7' sf Lot 6 - Area Bluff Setback Side Yard Setbacks 6,000 30' 10' sf 2,040 11' 3' sf 3,960 19' 7' sf Lot 7 - Association Common Property Lot 8 - Area 6,000 sf 4,620 sf 1,380 Bluff Setback 30' 10' 20' Side Yard Setbacks 10' 6' 4' Front Yard Setback 20' 14' 6' sf Lot 9 - Bluff Setback Side Yard Setback (east) Front Yard Setback 30' 10' 20' 10' 6' 14' 20' 16' 4' Impervious Cover 30% 36.7% 6.7% Three variances pertain to the public street that will serve the property. In addition to the right-of- way that totals 35 feet in width, the plan calls for the creation of an additional 5 foot wide street easement bringing the total public land width to 40 feet. Specific details about the street related variances can be found in the City Engineer's report. The lot size variances that are required relate to the type of development proposed. Because a significant amount of the site will be platted as an outlot to be maintained by the homeowner's association, actual platted lot sizes are under the minimum standard for traditional R-lA single family detached development. The total land area of the project lying above the flood elevation of 931.0 is 60,364 square feet. If the common areas were removed and the proposed lots were evenly split among the total site area, lot sizes would be 7,545 square feet. I{ II Seton Bluff Planning Report February 4, 1997 Page 4 According to calculations submitted by the applicant, impervious cover for the project totals 36.7%. The additional impervious cover is largely due to the expansive common driveway and guest parking area. Developing the property with traditional driveways would reduce the amount of impervious cover, however, it would likely complicate storm water drainage problems in the area. The setback variances that are shown in the chart reflect the distance between lot lines. This situation does not represent the true structural setback situation. The Uniform Building Code (UBC) requires that buildings be placed 3 feet from the side and rear lot lines unless the construction is fire rated. The developer has stated that it is his intent to observe the additional 3 foot setback from the side and front property lines resulting in 12 feet of separation between the actual housing units. A 6 foot setback (12 feet total) conforms to the lot of record setback for the R-lA zone but not the 10 foot setback required by the non-lot of record provisions. Preliminary Plat The preliminary plat shows an additional 5 feet of right-of-way along Kildare Road and land area to accommodate the cul-de-sac bubble. Lots 1 through 6 are of a reduced size as has been noted herein. Lot 9 conforms to the minimum lot size requirement of 6,000 square feet. The dimensions of the preliminary plat and site plan do not precisely match. The setbacks identified in this report were measured from the Preliminary Plat which is the legal instrument establishing the lot areas. Density PDA projects in Mound are required to comply with the density restrictions found in Section 350:460 of the Code of Ordinances. Since Seton Bluff is in the shoreland area, the density limitations for shoreland PDA's also apply. Density in a PDA is established by the underlying lot size for the applicable residential district. The PDA provisions specifically delete land used for streets and utilities from the gross density calculation. In the case of Seton Bluff, the amount of land above the flood plain elevation totals 60,364 square feet. This site area will accommodate 10 units under the PDA density provisions. Since Seton Bluff is in the shoreland area, it needs to be evaluated consistent with the shoreland density regulations found in Section 350:1200 of the Code of Ordinances. Shoreland standards establish a series of tiers within which units are allowed based on a standard of 10,000 square feet. The tiers are established based on the location of the 929.4 contour. In the case of Seton Bluff, all of the property is in the first tier. The shoreland ordinance does allow density bonuses, however, the proposed site plan does not qualify because the setbacks from the ordinary high water contour do not equal a minimum of 125% of the required 50 foot setback. The proposed density exceeds the maximum density allowed under the shoreland ordinance. Application of the shoreland standards results in a maximum of 6 units in lieu of the 8 units that are proposed. Therefore, a variance for the two units that exceed the density standard will need to be granted if the project is to proceed as planned. Seton Bluff Planning Report February 4, 1997 Page 5 Tree Preservation Section 350:725 of the Mound Zoning Code contains standards regarding tree preservation. The code states, "It is the intent of the City of Mound to preserve wooded areas throughout the City and with respect to future site development, to retain, as far as practicable, substantial existing tree cover." Seton Bluff contains scattered tree cover. Construction of the access drive and units will necessitate removal of most of the vegetation in the front portion of the site. Trees located within the bluff area will remain undisturbed. The amount of tree loss due to the Seton Bluff development proposal is, in all likelihood, probably equal to the amount of tree removal that would be necessary to construct homes with individual driveways on to Kildare Road. Landscaping A landscaping plan was included as part of the site development plans. The landscaping plan calls for the installation of trees and shrubs along the Kildare Road frontage. The plan, however, only calls for four overstory, hardwood trees which is insufficient considering the total amount of tree loss that will occur due to construction. As a minimum, additional trees could be planted in the lawn areas north of the access drive on Lot 7, outside of the lots accommodating the individual units. Traffic Traffic generated by the proposed development will be generated at the same rate as the existing households in the vicinity since the proposed development and all of the development in the area consists of detached single family homes. The eight new residences will each generate approximately 10 trips per day based on standards published by the Institute of Transportation Engineers and the Urban Land Institute. Wetlands According to the City's wetlands map, the wetland elevation for the property in question is 929.5 feet. The development plan does not identify any construction in the wetland area and all of the units comply with the Watershed District's 35 foot setback requirement. RECOMMENDATION: The developers of Seton Bluff have designed a project that complies with most of the lot of record setback provisions of the Mound Zoning Code. The project, however, does not meet the non-lot of record provisions which apply in this case since 12 of the lots were combined in the past. In any Planned Development Area project (or Planned Unit Development (PUD) as it is known in most cities), trade-offs are involved. In this case, the major trade-off appears to be higher density than what is allowed by the shoreland ordinance and setback variances for a plan that handles storm drainage from the site in a more beneficial manner. The policy question that needs to be answered by the Planning Commission and City Council is whether or not this trade-off is equitable. After its deliberations, if the Planning Commission feels that it is equitable, the development could be approved with appropriate conditions. Alternatives to that approach include approval with modifications or denial. Seton Bluff Planning Report February 4, 1997 Page 5 If the Planning Commission feels that the plan is appropriate and consistent with the Mound's provisions for Planned Development Areas, the following conditions are suggested: 1. Plans shall be reviewed and approved by the Watershed District. 2. The applicant shall be responsible for park dedication requirements consistent with Section 330:120 of the Mound Code of Ordinances. 3. The landscaping plan shall be modified to add deciduous overstory trees in the lawn islands along the north side of the access drive. Tree and shrub sizes shall be as shown on the Landscape Plan dated 12/23/96. 4. Covenants and association bylaws shall be submitted for review and approval by the City Attorney. 5. Escrow accounts shall be established as required by City Code and shall at all times, maintain a positive fund balance. 6. Units on Lots 1 through 6 shall observe a 3 foot setback from the front and side yard lot lines for all construction. 7. Issues pertaining to proposed docks shall be addressed by the Mound Park and Open Space Commission and City Council. 8. The recommendations and conditions found in the Engineers Report are incorporated herein. January27, 1997 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Mr. Steven Behnke Fine Line Design group, inc. P.O. Box 1611 Burnsville, MN 55337 SUBJECT: SETON BLUFF PRELIMINARY PLAT APPLICATION Dear Mr. Behnke: On January 23, 1997 we received from you a preliminary plat drawing for the proposed Seton Bluff development. Your application is scheduled to be heard by the Planning Commission on February 10, 1997 and by the City Council on March 11, 1997. In reviewing your application, I have found a few items which yet need to be addressed. 1. An 8-1/2" x 11" copy of the preliminary plat must be submitted. 2. The Conditional Use Permit application fee of $200.00 must be paid. The Conditional Use Permit application and Preliminary Plat application forms must be signed by all owners. Your drawings are being forwarded to our Planner and Engineer for further review. This letter has been written as I have been unsuccessful reaching you by phone. If you have any questions, please feel free to contact me. ]ke~spectf~lly, Pei~gy James Planning & Inspections Secretary Jon Sutherland, Building Official Mark Koegler, City Planner John Cameron, City Engineer Brenshell Homes, 4839 Cumberland Road, Mound, MN 55364 printed on recycled paper Faxed to Koegler CITY OF MOUND 10-21-96 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: October 21, 1996 Park and Open Space Comm}ssion-h (meeting of Jim Fackler, Parks D~rector x~ Seton Bluff - Docks and ParkHJ-edication 11-14-96) From reviewing the site plan for the proposed planned development area (PDA) named Seton Bluff, I have the following observations: DOCKS Only six homes sites, those numbers 1 thru 6, would be given first priority for dock license, issuance, see City Code Section 437:05, Subd. 7, a. "First Priority. An abutting owner... The two sites denoted as 'A' and 'B' would be recognized as residents owning private lakeshore and would be addressed under City Code Section 437:05, Subd. 7, aa. "Residents owning private lakeshore..." 3. A Public Lands Permit will be required for the portion of the proposed stairway located between home sites//4 and //5 which extend onto the City controlled unimproved street right-of-way, Longford Road. 4. The dock location running along the unimproved street right-of-way, Long Ford Road, has to be recognized on the Dock Location Map and assigned a Shoreline Type. An application must be made to the DNR for the location of this proposed dock site because it exceeds four slips and extends through protected waters. The lineal footage of this shoreline will also need to be added to the Dock Location Map for purposes of calculating the number of boat storage units BSU's allowed by the LMCD for our Multiple Dock License. PARK DEDICATION As there is no land proposed to be dedicated to the City for park purposes, a cash contribution of not less than ten percent (10%) of the total fair market value of the land being divided will need to be collected prior to filing the final plat, according to City Code Section 330:120. JF:pj prmted o. tocycled paper Application for M&IOR SUBDIVISION OF LAND: PRELIMINARY PLAT,FINAL~~A or PLANNED DEVELOPM'FNT City of Mound 5341 Maywood Road, Mound, MN 64 Phone: 472-0600, Fax: 472-0620 I~T I ~, tgi~ -~1.;/SO, oD City Council Date: ~ ~ }~tch Pla. Review: ~ ~ ~ l~inary Plat: $150.00 3~ Final Plat: $100. O0 ~Escrow Deposit: $1,000.00 dity Planner ~ ~% ~ C~ ~ ~g Deficient Unit Charges? Public Works ,~ ~ ~ ~elin~ent Taxes? City Engineer ~t ] ~ ~ ~ ........... ~ ...... 'l.. ~ ................................................. i ............ Please type or print the following info~ation: INFORMATION LEGAL ZONING DISTRICT Circle: R-1 ~ R-2 R-3 B-1 B-2 B-3 APPLICANT The applican, is: __owner ~other:l,.~~[O 1i' other than Address ~0~ · ,,,,~.n., VWVZ~,~n ~~ ~u~ ~ ~53C~ ' Phone(H) (W~ , rev, 12/8/94 Major Subdivision 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 completion of the. propps~d_deyelo, pment~ Estimated Development Cost of the Project: $ ~,~OO ~.~t~ ~~r~Z~ RESIDENTIAL DEVELOPMENTS: Number of Structures: ~ Lot Area Per Dwelling Unit: Number of Dwelling Units Per Structure: I sq. ft. Total Lot Area: ~/ 87D sq- ft. 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 numbe~(s) and provide copies of resolutions. This applicatio_q~n ~b~signed by all owners of the subject property, o~r an expl.~na~io~ g~e~why this is not the case. ~plicant' s Signature Date CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 September 17, 1996 Mr. Steven Behnke Fine Line Design Group, Inc. P.O. Box 1611 Burnsville, MN 55337 Dear Mr. Behnke: On July 30, 1996, you submitted an application for approval of variances for the construction of Kildare Road in the City of Mound. The variances requested included the following: 2. 3. 4. Street grade - 15 % in lieu of the maximum 8 % Cul-de-sac right-of-way size - 40' radius in lieu of required 50' radius Cul-de-sac paved area - 35' radius in lieu of 45' radius Street width - 24' in lieu of 28' When this case was discussed at the Planning Commission meeting on August 12, 1996, it was tabled pending resolution of a number of matters which relate to the development of the adjacent lots that the street will serve. It is my understanding at this time that you are considering various development options for the property including application of a subdivision waiver and possible processing under Mound's Planned Development Ordinance (PDA). Under Minnesota Statutes, the City of Mound has 60 days to act on all variance requests. The statutes also allow for an extension of the review time when warranted by extenuating circumstances. This letter is to inform you that Mound is hereby extending the review time for these variances for an additional 60 days to allow for additional review by both the City and yourself of the complex issues that surround this case. Those issues generally include ownership of the land necessary for the roadway (cul-de- sac) easement, property variances, and platting/subdivision requirements. printed on recycled paper Fine Line Design Group, Inc. September 17, 1996 Page 2 In order for the City to act on the requested street variances no later than November 30, 1996, you will need to determine how you intend to proceed with the project and file the appropriate applications. We will be glad to provide any further assistance that you may need in answering any questions pertaining to this project. ~Jon Suthe~land, Building Official JS:pj Enclosures Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 Emaii: admin@mnwatershed.org Web Site: www.mnwatershed,org Board of Managers: ~ E. Thomas President Pamela G. Blixt Vice President Monica Gross Secretary Thomas W. LaBounty Treasurer C Woodrow Love Thomas Maple Jr. Malcolm Reid District Office: Eugene R. Strommen District Director Suzanne M. Weedman Asst District Director Pnnted on recycled 0aper containing a' ,eas! 30% post consumer waste Minnehaha Creek Watershed District RECEIVED SEP O 5 1.99 MOUND PLANNING & INS ' September 3, 1996 Dear Resident, The Minnehaha Creek Watershed District has received permit application 96-180 from Brenshell Homes for the following project: PROJECT: The project is for a stormwater management plan, including a pond and storm sewer outfalls for six single family homes. PROJECT LOCATION: Mound- Kildare Road Lots 14 - 20, 27 - 32 Block I1 PERMIT APPLIED FOR: S[ormwater Management Notice of this project has been [nailed to residents who reside within 600' of the proposed project. Preliminary approval must be obtained from the City of Mound prior to approval by the watershed district board of managers. This permit application is tentatively scheduled for the September 12, 1996, Board Meeting. If you plan to attend this meeting, please contact the MCWD at 471-0590 to verily that the permit application is on the agenda fo[' the scheduled meeting date. Thank you. COPIED ON 9-5-96: MARK KOEGLER JOHN CAMERON JON SUTHERLAND Cq¢.t t 155 ', 165 82 66 / 401 ,50 I 50 (~8) SFOR RD '2 RD ~ '-s":" CAP, LOW / (62} "t'." 2O4.9 ~ I~o. 55 (35) s z (36) ~ s (57) 13 t. 86 4 ('38) 107.5 ,.,c, VAC 5-4-64 AI.i[: (47) s%.~ ,,~<., Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: August 5, 1996 SUBJECT: Variance Request APPLICANT: Fine Line Design (Norm Berglund - Owner) CASE NUMBER: 96-46 HKG FILE NUMBER: 96-5s LOCATION: Kildare Road (Lots 15 - 32, Seton) EXISTING ZONING: Single Family Residential (R- IA) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is seeking variance approval to construct a street to serve a series of existing lots of record. The construction of the street and the development of these lots is an issue that has appeared before the Planning Commission and City Council on a number of occasions. Although the development of the lots is not the issue in this case, it may be helpful to present a brief overview of the project. Fine Line Design has been working for a number of months to develop 7 lots of record along an unimproved portion of Kildare Road. The project also involves the development of an additional lot that is owned by another party. The project will be built in a somewhat unconventional manner because of topography and drainage concerns. The housing units, all of which are detached single family homes, will be served by a common driveway that will parallel Kildare Road. The reason for this unique access is twofold, first, it will allow the collection and treatment of storm water drainage on the site rather than allowing the water to flow into Kildare Road. This portion of Kildare Road does not have storm sewers and drainage from the development could cause problems to the east. The second reason that the lots will not be accessed from Kildare Road is because of the developer's desire to preserve existing tree cover. Driveways accessing Kildare Road would require more grading and tree removal than the proposed access. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Planning Report - Fine Line Design - Kildare Road Variances August 5, 1996 Page 2 As a part of the review that this project has already undergone, staff including the City Attorney and City Engineer has looked closely at a variety of issues. There are still a number of minor issues that need to be addressed by the developer in order to ensure that the access drive is unobstructed and it has provisions for a vehicle to turn around on the eastern end. These issues can and will be addressed by staff as part of the review of the homeowners association and easement documents. The Planning Commission and City Council do, however, need to take formal action on a number of variances that are necessary in order for the project to proceed. Variances Based on the proposed plan, the following variances need to be approved: · Lot 19 - Impervious cover variance of approximately 84 square feet · Lot 21 - Impervious cover variance of approximately 244 square feet · Kildare Road right-of-way - 30 feet in lieu of required 50 feet · Kildare Road paved surface - 24 feet in lieu of required 28 feet · Kildare Road cul-de-sac bubble right-of-way - 80 feet in lieu of required 100 feet · Kildare Road cul-de-sac bubble paved surface - 70 feet in lieu of required 80 feet All of the requested variances are attributable to existing topography in the area coupled with the existing development pattern. Therefore, staff feels that all of the variances are justified and that the request meets the City's criteria for granting variances. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the variances noted above to allow development of the property subject to the following conditions: Information including but not necessarily limited to the following shall be submitted to the City Engineer for review and approval: - Final grading, drainage, and erosion control plan - Final street plan (plan and profile) - Final utility plan (plan and profile) - All required project details - Project specifications Copies of all agency approvals such as Health Department, PCA, etc. 2. Grading, drainage and erosion control plans shall be approved by the Watershed District. Prior to the issuance of any grading or building permits for the housing units, the developer shall submit a copy of all homeowner's association and easement documents to staff for review and approval. Planning Report - Fine Line Design - Kildare Road Variances August 5, 1996 Page 3 4. The site plan shall be modified to accommodate a turn-around at the eastern end of the private driveway. 5. Prior to consideration of this request by the City Council, the developer shall submit copies of impervious cover calculation for all lots in the development. CITY OF MOUND 5341 MAY~NOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 27, 1997 Mr. Steven Behnke Fine Line Design group, inc. P.O. Box 1611 Burnsville, MN 55337 SUBJECT: SETON BLUFF PRELIMINARY PLAT APPLICATION Dear Mr. Behnke: On January 23, 1997 we received from you a preliminary plat drawing for the proposed Seton Bluff development. Your application is scheduled to be ,1Fard by the Planning Commission on February 10, 1997 and by the City Council on MarchJA'?1997. In reviewing your application, I have found a few items which yet need to be addressed. 1. An 8-1/2" x 11" copy of the preliminary plat must be submitted. The Conditional Use Permit application fee of $200.00 must be paid. The Conditional Use Permit application and Preliminary Plat application forms must be signed by all owners. Your drawings are being forwarded to our Planner and Engineer for further review. This letter has been written as I have been unsuccessful reaching you by phone. If you have any questions, please feel free to contact me. /R~/pectfully, ~y James Planning & Inspections Secretary CC: Jon Sutherland, Building Official Mark Koegler, City Planner John Cameron, City Engineer Brenshell Homes, 4839 Cumberland Road, Mound, MN 55364 prmted on recycled paper (FOR OFFICE USE ONLY) VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 , JUL 3 0 ,_- i..AplSliC,~tion Fee: _~$50.00// Planning Commission Date: City Council Date: Distribution: t-/-,2~_--r:::/(o City Planner ,, " City Engineer ~, '/ Public Works Case No. q~-4¢ DNR SUBJECT PROPERTY LEGAL DESC. PROPERTY OWNER APPLICANT (IF OTHER THAN OWNER) Address Subdivision PID# ZONING DISTRICT R-1 ~-IA) Address Phone (H) ~r-"'/ Plat # R-2 R-3 B-1 B-2 B-3 Address Phone (H) Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. ff yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application, P. 2 Case No. o Do the existing structures comply .w)th all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes j~No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, 'lot area, etc.): SETBACKS: Front Yard: (NSEW) Side Yard: ( N S E W ) Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N S E W ) : (NSEW) Street Frontage: Lot Size: Hardcover: Does the prese~n,~ located? Yes ~ REQUIRED REQUESTED (or existing) VARIANCE ft. ff. ff. ff. ff. ft. ft. ff. ft. ft. ff. ft. ff. ft. ft. ft. ft. ft. ft. ft. ft. sq ft sq ft sq ft sq ft sq ft sq ft use of the property conform to all regulations for the zoning district in which it is 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? Please describe: ) too narrow ~..topography ) too small '( ) drainage ) too shallow ( ) shape ( ) soil ( ) existing situation ( ) other: specify (Rev. 12/8/95) Variance Application, P. 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No]~(~. If yes, explain: Wasx. ~ hardship created by any other man-made change, such as the relocation of a road? Yes (), No/~2 If yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ~, No (). If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature .~"~ 12/8/95) Pllnnin~ end D~.~n 14maegemoat 55337-~ (612)890-4267 - Office/Fax (612)670-7912 - Mobile July 30, 1996 Addendum to Variance Application 1.) This Parcel has been seen at Parks Commission, Planning Commission and City Council for other many issues including: Docks (this issue is pending) Design and Layout of Kildare Road. (This application is an extension of this action) 2.) This proposal include the extension and construction of Kildare Road west of Kerry Lane. The Project includes constructing a 24' Bituminous Street with Curb and Gutter, a 70' Cul-de-sac ending Kildare Road and Site preparation for the construction of 6 Residences along the new road frontage. 3.) See Application 4.) See Application 5.) See also Application, The site presented, has a dominant ridge running the length of the property. This ridge undulates from 935.3' to 962+'. On the Lake side the grade returns to the 929.4 OHWL of Lake Minnetonka. 6.) See Application 7.) See Application 8.) See Application CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, 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 May 12, 1997 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~/~/7 ' Variance Request Update Gary Nachreiner 97-16 6056 Cherrywood Road Part of Lots 6 & 7, Block 9, The Highlands, PID 23-117-24 34 0088 R-1 Single Family Residential BACKGROUND: This case was refurred back to the planning commission by the Council at their meeting on April 22, 1997. The applicant has identified two other homes in the area that he feels are similar to his situation. The information contained in the city files is included in your packet and staff comments are listed below. 1) 5952 Idlewood This property received a variance by resolution//94-75 that allows a reduced front yard setback in order to allow construction of a new home. Special conditions were found with this property including a limited buildable footprint due to topography and the wetlands. Also, there is a 12 foot wide boulevard that resulted in a 39 foot setback to the dwelling from the street. The applicant had also gone through more than one house design in order to create one that would work and minimize the encroachment. 2) 2940 Oaklawn When this property was developed in 1996, the builder placed the home in a conforming location and utilized the line up provision in our zoning code section 350:440 Subd. 6. Please note the survey shows a proposed house and the new house was set back more that what is shown on the survey. printed on recycled paper Staff Report Nachreiner May 12, 1997 Page 2 COMMENT: The comparisons made by the applicant had specific circumstances that were reasonable and in the case of the variance it was the minimum in order to alleviate the hardship. Although the comparisons are interesting, each case for a variance must be based on its own merits, be a minimum situation, and one that will allow reasonable use of the property. The applicant's proposal does not represent the minimum sized garage. If the depth were reduced somewhat, the situation would be closer to meeting the minimum situation as outlined in the ordinance. STAFF RECOMMENDATION: Staff recommendation remains the same, consistant with the Planning Commissions recommendation for denial of the applicants request for a 28' garage, which he then modified to a 26', and recommend approval of a variance to allow a 24 foot deep garage addition. There appears to be some practical difficulty and limiting topography in this case, a 24' deep garage would be more representative of the proposal does not represent the minimal situation in order to alleviate the hardship. JS :Is The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on Tuesday, May 13, 1997. Minutes - Mou~l City Council - April 22, 1997 MINUTES REGULAR MOUND CITY COUNCIL MEETING APRIL 22, 1997. 1.7 CASE g97-16: GARY NACHREINER, 6056 CHERRYWOOD ROAD, LOTS 6 & 7, BLOCK 9, THE HIGHLANDS, PID #23-117-24 34 0088, VARIANCE FOR GARAGE ADDITION. The applicant, Gary Nachreiner, was present and explained his request. He further stated that 8 to 10 of the houses on Idlewood and Oaklawn that have been built in the last two years are 30 to 37 feet away from the road. He requested an 8 foot variance and the Planning Commission recommended a 4 foot variance. He showed pictures of the property. He explained that the topography of the lot is the cause of this hardship. He is now requesting a 6 foot variance for a 26 foot deep garage instead of the 24 foot that was recommended by the Planning Commission. The Council explained that the Planning Commission is trying to protect the integrity of the Zoning Ordinance by granting the minimum variance. The applicant explained that he cannot step the garage back in, as the Planning Commission suggested, because he has all his utilities coming in on one side of the house and the walk-out is on the other side. The Council asked if the Planning Commission was aware of the location of all the utilities. The applicant stated no. The Building Official arrived. He explained that the Planning Commission had asked that the applicant work with the Building Official and try to reconfigure the proposed garage. He further stated that if the Council was leaning toward granting the 26 foot depth for the garage, the fact that there is additional boulevard between the property line and the curb has been used in other variance cases, which reduces the impact to the road. The Planning Commission recommended denial of the request for a 28' deep garage and did not agree with the compromise that the applicant proposed at 26' deep. Staff recommended a 24' deep garage. The Council suggested that this go back to the Planning Commission to determine if there is sufficient practical difficulty based on the new information about the utilities and the questions about the setbacks of some other properties. MOTION made by Polston, seconded by Hanus to refer this item back to the Planning Conmfission, at no further charge to the applicant based upon the new information that has been presented tonight, ie. location of the utilities; additional parcels that are not 35 feet; and what impact it would have based upon the distance the applicant is from the curb. This will go to the Planning Commission on May 12th and could come before the City Council on May 13. The vote was unanimously in favor. Motion carried. May 24, 1994 RESOLUTION//94-75 RESOLUTION TO APPROVE A 3 FOOT FRONT YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 5952 IDLEWOOD ROAD LOTS 22, 23, 24, AND E. 10' OF 25, BLOCK 1, THE HIGHLANDS, PID//23-117-24 42 0105 P&Z CASE//94-29 WHEREAS, the owner, Donald H. Fulton, has applied for a 3 foot front yard setback variance in order to construct a new dwelling, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, I0 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, the buildable footprint on this parcel is limited by the wetlands at the rear. Causing greater difficulty is the topography that slopes dramatically towards the wetland. The applicant has modified their house plans to some extent and is making an effort to reduce the impact to the wetland by maintaining the 15 foot plus setback to the ordinary high water, and; WHEREAS, the a minimum encroachment to the front is reasonable and balanced by the improved setback and impact to the wetland, and; WHEREAS, there is a boulevard that is approximately 12 feet in width between the front property line and the curb, reducing the visual impact, with a 39' setback to the street, and; WHEREAS, all other setbacks, lot area, and lot coverage are conforming, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the following findings: Special conditions exist with this property due to topography and the wetlands that limit the buildable footprint. e The applicant's proposal is sensitive to the wetlands with a 15 foot setback, and this causes a minor encroachment in the front yard. The minor encroachment into the front yard is minimized by the approximate 12 foot wide boulevard between the property line and the curb, this results in a total distance of 39 feet from the front line of the house to the curb. 148 May 24, 1994 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a 3 foot front yard setback variance to allow construction of a new dwelling with a 15 foot setback to the wetland, ordinary high water, and conforming side yard setbacks. 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 new dwelling as shown on the survey with a revision date of 4-21-94. 4. This variance is granted for the following legally described property: Lots 22, 23, 24 and the east 10.00 feet of Lot 25, Block 1, "The Highlands" This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Attest: City Clerk 149 I ~9. 00 GI'~NEILAI. ZONING INI"(H<.~I:VI'ION SIII£ET Existing Lot Width I~O ! ~/" SETBACKS REQUIRED: FRONT: N S E W N S~W IO ' , Oepth~ EXISTING i~/OR PROPOSED SETBACKS: FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W PRINCIPAL BUILDING~ R£AR: N 5 E W L, AIL~SHOR~: 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 LAX~SNORE: ACCESSORY BUILDING 4' 9[ 6' ~' 9~ §' 50' (meaeured from O.H.W.) 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 LAKESHOKE: 0 0 0 27, s ---.; CITY OF MOUND - ZONING INFORMATION SHEET SURVEY ON FILE?/~S~ NO LOT OF RECORD? YES / NO ZONING DISTRICT, LOT SIZE/WIDTH: 'Rx ~o~s~ ~,soo/o -'R'Yx----'~,ooo/40 B2 20,000/60 R2 6,000/40 B~ ~o,ooo/6o R2 ~4,000/80 R3 SEE ORD. I1 30,000/100 EXISTING LOT SIZE: · LOT WIDTI-h EXISTING/PROPOSED LOT DEPTH: REQUIRED VARIANCE YARD ] DIRECTION itOUSE ......... FRONT FRONT SIDE N S E W SIDE N S E W ?.EAR N S E W N S E W N S E W 15' LAKE N S E W 50' TOP OF BLUFF 10' OR 30' GARAGE, SilED ..... DETACHED BUILDINGS FRONT N S E W FRONT N S E W SIDE N S E W 4' OR6' SIDE N S E W 4'OR6' REAR N S E W 4' LAKE N S E W 50' TOP OF BLUFF 10' OR 30' IIARDCOVER CONFORMING? YES / NO 30% OR 40% IBy: ]DATED: This Zoning Information Shcct only sumlnarizes a portion of thc rcquiremcnl$ outlincd in thc City of Mound Zoning Ordinance. For further information, contact Ibc City of Mound Planning Department at 472-0600. -' ' ;-,, '21 ~' ',, ?, ~ ',. , ,~,~ ,,., ~,. IiATi:-L;':OOD LA ~ %', "~ o Frl DRAFT-- MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MAY 12, 1997 EASE 97-16: VARIANCE FOR GARAGE ADDITION GARY NACHREINER, 6056 CHERRYWOOD ROAD P/LOT 6 & 7, BLOCK 9, THE HIGHLANDS, 23-117-24 34 0088 Building Official Jon Sutherland stated the case had been referred back to the Planning Commission by the Council at their April 22, 1997 meeting. The applicant has identified two other homes in the area that he thought were similar to his situation. The first property is 5952 Idlewood, where a variance was received to allow a reduced front yard setback in order to allow construction of a new home. Special conditions were found for this case which included a limited buildable footprint due to topography, wetlands and a 12 foot wide boulevard that resulted in a 39 foot setback to the dwelling. The second comparison is 2940 Oaklawn that was developed in 1996. The builder utilized the line up provision in our zoning code (Section 350:440, Subd. 6) and placed the home in a conforming location. The Building Official commented that the applicant had specific circumstances that were reasonable in this case and the variance is the minimum in order to alleviate the hardship. The applicant's proposal for a 26-28' garage does not represent the minimum sized garage. If the depth were reduced to 24', it would be closer to meeting the minimum situation as outlined in the ordinance. Staff recommendation remains the same which is consistent with the Planning Commission's recommendation for denial of the applicants request for a 28' garage (which he has verbally modified to 26'). Staff recommends approval of a variance to allow a 24' deep garage addition as there appears to be some practical difficulty and limiting topography. Location of the utilities was discussed. It was asked of the applicant what would be gained by moving the meters back four feet. The applicant stated he would not gain much, due to the need for so much insulation in both the old and new portion. Commissioner Mueller stated he understood the applicant wanted the depth of the garage as deep as possible to store boat on a trailer. The applicant stated that the purpose was for resale. Discussion included locating the garage so that it is further back and relocation of utilities. The Commission consensus was to deny the applicant's request and recommend a 24' deep garage resulting in only a 4' variance. MOTION by Mueller, seconded by Weiland, to recommend denial of the 28' x 36' garage, and recommend a 24' x 36' garage resulting in only a 4' variance. This is the same recommendation they gave previously. The information provided regarding other cases, no garage had a greater than 24' depth, each individual property is looked at to see the hardship requirements with regards to the minimum sized variance. Giving a variance for a 24' garage is the minimum and is very standard. Commissioner Michael stated he did not agree, as it is not what the applicant requested. It was also stated that the existing structure is non-conforming. Commissioner Michael suggested he bring his information with him to the Council meeting on Tuesday, May 13, 1997. MOTION carried 6-1, Michael voting nay. Commissioner Mueller stated findings of facts. Whatever the applicant has stated at the Council meeting where there were 10-12 properties that were given variances for construction in the same neighborhood and there were two the applicant brought forward. There is a boulevard in front of the street which minimizes the 4' variance request. Otherwise, a 22' garage is typically what we have done in the past. A 24' garage is also one that we have done in the past. We have never gone over that for an existing structure as he can remember. It appears the applicant is not willing to spend the extra monies involved in relocating utility services to facilitate a deeper garage in a portion of the lot that would be in a conforming location. Proposed Nachreiner Resolution May 13, 1997 RESOLUTION//97- RESOLUTION TO DENY A FRONT YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 6056 CHERRYWOOD ROAD PART OF LOTS 6 & 7, BLOCK 9, THE HIGHLANDS, 23-117-24 34 0088 P&Z CASE #97-16 WHEREAS, the owner, Gary Nachreiner, has applied for a front yard setback variance of 8 feet in order to construct a nonconforming 36' x 28' two story garage addition, and; WHEREAS, the applicant has verbally agreed to a 36' x 26' two story garage, with a 6 foot setback, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, currently the property is conforming in all aspects and there is no garage on the site. The proposed 28 foot depth garage addition is setback 22 feet from the front property line where a 30 foot setback is required, resulting in a variance request of 8 (or 6 feet, for a 26' garage) and; WHEREAS, there is a fairly steep hill on the west side and the general topography of the site favors the location as proposed. Due to the topography of this site it would be difficult to place a detached garage that would be conforming to setbacks, and; WHEREAS, the City has, in past variance cases, supported the construction of garages to provide for storage and eliminate clutter, however, any variance or encroachment must be minimal and meet the criteria set forth in Zoning Code Section 350:530. The proposed garage is rather large in this case, and if the depth were reduced to 24' resulting in a 4' variance, the situation would be closer to meeting the minimum situation as outlined in the ordinance, and; WHEREAS, there is approximately 13 feet of boulevard between the curb and the property line, so with a 28 foot deep garage, the addition would still be about 35' from the curb, and; WHEREAS, the Planning Commission has reviewed the request twice and determined that although there appears to be some practical difficulty and limiting topography in this case, the applicant's proposal of a 28 foot deep garager~does not represent the minimal situation in order to alleviate the hardship. T-~ ~~j ~- / Proposed Nachreiner Resolution May 13, 1997 W~~ Planning Commission has rec~.ommemteff ap royal of a 4 in order to allow constm~im~oLa~24 f~'_'""~"' P foot variance ~~,~aeep garage addition, with a 24 fo~e~,g~ ~t~u_m!!o.n: v the findings that although a minimal situation and would afford the owner r. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby deny the applicant's original request for an 8 foot front yard setback variance in order to allow construction of a nonconforming 36' x 28' two story garage addition located 22 feet from the front property line, and also, the modified request for a 26' depth garage. The City Council denys this request with the following findings of fact as recommenced by the Planning Commission: A. Since the City Council meeting of April 22, 1997, the applicant identified two other homes in the area that he thought were similar to his situation. Staff reviewed these cases and special conditions were found for each case that were reasonable and consistent with the City's approval. B. There is a boulevard between the property line and the street which does minimize the variance request. C. Variances to allow a 22' to 24' garages have been issued in the past with specific findings of hardship or practical difficulty, and this size has been determined to be consistent with a minimally sized garage. D. It appears the applicant is not willing to spend the extra monies involved in relocating utility services to facilitate a deeper garage in a portion of the lot that would be in a conforming location. This variance is denied for the following legally described property: The Southeasterly 112.5 feet of Lot 7; The Southeasterly 112.5 feet of Lot 6, except that part of the Northeasterly 10 feet of said Lot lying Northwesterly of a line drawn at fight angles to the Northeasterly line at a point distant 120 feet Southeasterly from the Northeasterly corner of said Lot 6; all in Block 9, "The Highlands", according to the recorded plat thereof. RESOLUTION//97- RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 6056 CHERRYWOOD ROAD PART OF LOTS 6 & 7, BLOCK 9, THE HIGHLANDS, 23-117-24 34 0088 P&Z CASE/~97-16 WHEREAS, the owner, Gary Nachreiner, has applied for a front yard setback variance of 8 feet in order to construct a nonconforming 36' x 28' two story garage addition, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, Currently the property is conforming in all aspects and there is no garage on the site. The proposed addition is setback 22 feet from the front property line where a 30 foot setback is required, resulting in a variance request of 8 feet, and; WHEREAS, there is a fairly steep hill on the west side and the general topography of the site favors the location as proposed. Due to the topography of this site it would be difficult to place a detached garage that would be conforming to setbacks, and; WHEREAS, the City has, in past variance cases, supported the construction of garages to provide for storage and eliminate clutter, however, any variance or encroachment must be minimal and meet the criteria set forth in Zoning Code Section 350:530. The proposed garage is rather large in this case, and if the depth were reduced somewhat the situation would be closer to meeting the minimum situation as outlined in the ordinance, and; WHEREAS, there is approximately 13 to 15 feet of boulevard between the curb and the property line, so with a 28 foot deep garage the addition would still be about 35' from the curb, and; WHEREAS, all other setbacks, lot area, and impervious surface coverage are conforming, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval of a 4 foot variance in order to allow construction of a 24 foot deep garage addition, with the finding that although there appears to be some practical difficulty and limiting topography in this case, the applicant's proposal of a 28 foot deep garage does not represent the minimal situation in order to alleviate the hardship. A 24 foot deep garage addition is more representative of a minimal situation and would afford the owner reasonable use of the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: Proposed Resolution Nachreiner. April 22, 1997 P. 2 o The City does hereby grant a 4 foot front yard setback variance in order to allow construction of a nonconforming 36' x 24' two story garage addition located 26 feet from the front property line. 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 structures described in paragraph number one above remain as lawful, nonconforming structures 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: 36' x 24' two story garage addition. This variance is granted for the following legally described property: The Southeasterly 112.5 feet of Lot 7; The Southeasterly 112.5 feet of Lot 6, except that part of the Northeasterly 10 feet of said Lot lying Northwesterly of a line drawn at right angles to the Northeasterly line at a point distant 120 feet Southeasterly from the Northeasterly comer of said Lot 6; all in Block 9, "The Highlands", according to the recorded plat thereof. This variance shall be recorded with the County Recorder or the Registrar of TRies 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. MINITrES OF A MEETENG OF THE MOUND ADVISORY PLANNING COMMISSION APRIL 14, 1997 CASE 97-16: VARIANCE FOR GARAGE ADDITION GARY NACHREINER, 6056 CHERRYWOOD ROAD P/LOTS 6 & 7, BLOCK 9, THE HIGHLANDS, 23-117-24 34 0088 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 nonconforming 36' x 28' two story garage addition as noted on the attached survey. Currently the property is conforming in all aspects and there is no garage on the site. The proposed addition is setback 22 feet from the front property, line where a 30 foot setback is required, resulting in a variance request of 8 feet. There is a fairly steep hill on the west side and the general topography of the site favors the location as proposed. Due to the topography of this site it would be difficult to place a detached garage that would be conforming to setbacks. It is the applicants intent to add square footage onto the dwelling, and the attached garage with the addition above makes sense from the prospective of how it all fits on the site. The City has, in past variance cases, supported the construction of garages to provide for storage and eliminate clutter, however, any variance or encroachment must be minimal and meet the criteria set forth in Zoning Code Section 350:530. The proposed garage is rather large in this case, and if the depth were reduced somewhat the situation would be closer to meeting the minimum situation as outlined in the ordinance. Staff recommended the Planning Commission recommend denial of the request. Although there appears to be some practical difficulty and limiting topography in this case, the proposal does not represent the minimal situation in order to alleviate the hardship. Staff suggested the applicant and the Planning Commission may wish to consider a garage addition that is reduced in depth and that would be more representative of a minimal situation. Applicant, Gary Nachreiner, presented photographs to the Planning Commission and emphasized the need for the garage and the topographical problems of the lot due to the steep slope. He expressed a need to use 12 inch block in order to retain the hillside behind the garage, and therefore needs a deeper garage due to the space lost by the 12 inch block. Nachreiner also stated that construction of the addition in this location will help correct drainage problems on the lot. The Commission expressed a concern about the size of the garage and noted that it is not a minimal request. The applicant stated that he needs and would be satisfied with a 26 foot deep garage. Mueller clarified with the applicant that there is approximately 13 to 15 feet of boulevard between the curb and the property line, so with a 28 foot deep garage addition it will still be about 35' from the curb. Planning Commission Minutes April 14, 1997 Mueller commented that a 24 foot depth would be more acceptable. Sutherland commented, from a staff perspective, that a 24 foot deep garage would be supported and suggested a motion could be made denying the 28 foot depth and suggesting that a 24 foot deep garage would be acceptable. MOTION made by Mueller, seconded by Voss to recommend denial of a 28 foot deep garage addition, but would recommend approval of a 24 foot deep garage addition as it constitutes a minimally sized three car garage. Clapsaddle stated that he would prefer to table the request to allow the applicant time to rework his design. Clapsaddle suggested that the garage could be designed to be constructed to the side of the house. Michael expressed a concern that they are making a recommendation for something that was not presented. The applicant emphasized again that he would be happy with a 26 foot deep garage. MOTION carried 7 to 2. Those in favor were: Burma, Glister, Mueller, Reifschneider, Voss, Weiland, and Hanus. Those opposed were: Clapsaddle and Michael. This case will be heard by the City Council on April 22, 1997. CITY OF MOUND 5341 MAY~NOOD 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 April 14, 1997 Planning Commission, Applicant and Staff Jon Sutherland, Building Official Variance Request Gary Nachreiner 97-16 6056 Cherrywood Road Part of Lots 6 & 7, Block 9, The Highlands, PID 23-117-24 34 0088 R- 1 Single Family Residential BACKGROUND: The applicant is seeking a variance to recognize the existing nonconforming dwelling in order to allow construction of a nonconforming 36' x 28' two story garage addition as noted on the attached survey. Currently the property is conforming in all aspects and there is no garage on the site. The proposed addition is setback 22 feet from the front property line where a 30 foot setback is required, resulting in a variance request of 8 feet. COMMENT: There is a fairly steep hill on the west side and the general topography of the site favors the location as proposed. Due to the topography of this site it would be difficult to place a detached garage that would be conforming to setbacks. It is the applicants intent to add square footage onto the dwelling, and the attached garage with the addition above makes sense from the prospective of how it all fits on the site. The City has, in past variance cases, supported the construction of garages to provide for storage and eliminate clutter, however, any variance or encroachment must be minimal and meet the criteria set forth in Zoning Code Section 350:530. The proposed garage is rather large in this case, and if the depth were reduced somewhat the situation would be closer to meeting the minimum situation as outlined in the ordinance. printe~ on recycled paper Staff Report Nachreiner April 14, 1997, P. 2 STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend denial of the request. Although there appears to be some practical difficulty and limiting topography in this case, the proposal does not represent the minimal situation in order to alleviate the hardship. The applicant and the Planning Commission may wish to consider a garage addition that is reduced in depth and would be more representative of a minimal situation. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on April 22, 1997. Ilil I VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 MAR 21 1997 CITY OF MOUND Application Fee: $100.00 (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: Distribution: .~ -"L.i"q'7 City Planner t[ City Engineer It Public Works Case No. DNR SUBJECT PROPERTY LEGAL DESC. PROPERTY OWNER APPLICANT (IF OTHER THAN OWNER) Subdivision -T-h~_ !M (,' ~ 1,. ~'~ cq ZONING DISTRICT ~' R-lA R-2 R-3 B-1 Block B-2 B-3 / Phone(H) q;,. ~,. (W) ~ - ~- (M) Name Address Phone (H). (W). (M) Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, {~t no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application, P. 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 1~I, No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: Front Yard: Side Yard: Side Yard: Rear Yard: Lakeside: ( N~)E W ) (NSEW) (NSEW) (NSEW) (NSEW) : (NSEW) Street Frontage: Lot Size: Hardcover: REQUIRED REQUESTED (or existing) VARIANCE ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ff. ft. ft. ft. ft. ft. ft. ft. sq ft sq ft sq ft sq ft sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use: Please Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) too small ( ) too shallow describe: Al topography ( ) soil drainage ( ) existing situation shape ( ) other: specify (Rev. 1/14/97) III [ il .~ · Variance Application, P. 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (). If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature Date ~8. Z~ The Lot ~°[]tl; feet 7; ~ of t~ £c s~ i d ' ~,e' Nor ~: ~ot ?. · ".~oc% 9''~ sa ~,rdioo ~ "Tl]c ~q J I Certi fiente of ,qurvov in I,t)tS fi ,'lnd '7, lllock q, "'l','ll: Iliqhl;inch;" Ile~lnt,pin (:ount¥, M.tnnc!sota / Leqal Doscript {on Tho..~outheasterly 112.5 feet of Lot 7; The Southeasterly ] 12.5 f0(~t of J,ot 6, exc(~l)t that ~art of tho Northeasterly l0 feet ~)f said l;ot ]vinq Northwesterly of a line dri~wn at right anglos to the Northcasterly line at a point di~;tant 120 feet South- corn6r of said l,ot 6; all in Block 9, "Tho' Hiqh]i~nds", ncc- ording to thi~ recorded plat thereof. · : Iron marker found o : Iron marker set Bearings shown are to ezistilig house in r~lation to the hound- aries of tile above dencribed property. It do~s not purport to show any other I lit'il'l,}' tt'llil}' ILl,il IJll~ ~lllt t')' ',~,l~, |)rt'p.llt'd J))' lilt' tlr UlltJcl' Ill)' dilct t 511j,t,r- vision, and Ih41 I anl a duly regi~lc;t,tJ Civil Imgineer .md I ,md 5ur%c} or undt. r JJlc I,i~S I)J lilt' SI,lit' (If MilIIIL'n~iI,I PROPERTY ADDRESS' OWNER'S NAME: CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) LOT AREA LOT AREA !10q LOT AREA SQ. FT. X 30% SQ. FT. X 40% SQ. FT. X 15% = (for all lots) .............. = (for Lots of Record*) ....... : (for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH HOUSE ~Z./ X 4C~ : X = DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a SQ FT /oo ' TOTAL HOUSE ......................... X = X = TOTAL DETACHED BLDGS ................. x Bo : X = X = TOTAL DRIVEWAY, ETC .................. X = X = /oBO /o pervious surface under are not counted es hardcover OTHER TOTAL DECK TOTAL HARDCOVER / IMPERVIOUS SURFACE ~ OVER (indicate d~ef~nce) . .~, ............................ PREPARED BY ,)~2'~ // / O--~r~,~-b DATE J, I l~ ,L iJi, ,,lB, I . ~ d 0 Z x ~0'~ .l=c~ r.r.u~D 0 LU L 'r~. 0 0 · · I February 77 · Th~s Indenture~ ~nd, ta~ .................. d~ s! ........................~s ..... ~tw~ Frank Nissan and ~ Nissan husband and ~fe ' - Hennepin .... H~neso~a ~ of the C~nt~ si ............................... ~ a~ta si .................................. ~' ~ .... of ...... ~rk A Ple~sch single ~ ~ ~. ~ ................ ~ ......... L--~ ............................. WrrNESSETH ~'~r~ t~ a6i[l part~_~_ .... of t~e ~r~ ~. ~ c~ o/ t~e ~m o/ ~e Dollar and ~ther val~o~e conslaerat~on ............................................................................ i~O LLA RS, ~..--~b~ ...... i~ ~ ~ bM the sa~ ~.~ .... of t~ tfc~ ~, th~ rec~pt wh~of ~ A~eby ~wl~ged, do ..... A~b~ ~ant, Bargain, S~, a~ C~ u~ the a~ ~_~_ ......... o/ th~ ~ ~ .......... ~r$ a~ ~g~, F~v~, ~ th~ t~ .... or ~rcd .... o~ ~ l~ing The Southeasterly 112.5 feet of Lot 7; The Southeasterly llZ.§ feet of LOt 6, except that part of the Northeasterly 10 feet of said lot lying Northwesterly of a 1/ne dravn at right angles to the Northeasterly 11ne at a ~o/~c distant 120 feet Southeasterly from the North- easterly corner of sald Loc 6; All /n Block 9, "The Highlands', according to the recorded plat thereof, Subject to easement for utility purposes over the Northeasterly 10 feet of the Southwesterly 37 feet of the Southeasterly 112.5 feet of said Lot 7. Together with an easement for utility purposes over the Southwesterly 10 feet of the Northeasterly 20 feet of that parc of said Lot 6 lying Northwesterly of the Southeasterly 112.5 feet thereof. State Deed Tax Due Hereon $ //~,~'~ TO HAFE AND TO HOLD THE SAME, TogetAer ',~i~A tgi tAs i~redit~m~nte a.d a~~ t~o b~giflg ~ in afl~e a~ining, to the ~a~ ~_Y_ .... of the ae~ ~ ............ ~._~_ .... o/~. ~.~ ~. ~o~ ..... ~ ............. ~.. ,.,~ ,~ ~;;[-;~[[[[ ~ ~t~ ~e sam ~-~_-_o/ tAe aec~ ~ ....... A~ra a~ ~, '~-' they are -- f~ed in [~e of the ~ ~ ~ a/~a~, and ~_Y~__go~ ~pht to ~e~ a~ c~ve~ th~ ~a~ in mnn~ a~ f~ af~.aM, a~ t~t the ~a~ ar~ frse from ~l in~mbm~., And the abo~e bargained ami granted landa and ~rtmizu, in the ~ a~ ~ble posa~ oI the sa~ ~__~ ...... o[ the atc~ ~ ........................ hdrs ~ ~d~, aaai~t ~ ~wf~p ~m~ng ~ to ~im the ~ta or an~ ~ th~eoL ~bjtct to in~mbra~, i/ any, bilge m~t~ed, the ta~ ~__y ..... of the flrtt ~ ~1 Wa~ a~ De/~. lN TE~IMONY WHEREOF, The sa~ ~ ...... of ~ ~rat ~ ~ ve h~nto set their ~ .... the ~ a~ ~r flrtt ~ove ~. ~ '} ......... : .......... ...... ............................................. I? I0 TH E H I G H LAN DS 9 8 W 0 0 D 12 2 2 4 /I.H. ON C_. EXTEN t H E HI G HLAN DS CHERRYWOOD ROAD (HAWTHORNE DRIVE) [..' m........ DRY' .............. ~ ·-*DR*Y ...... ~40..--..970' Z.cr..,.,.=~-,,,=- ....... ~,. 4 4"' 5 6 ' · 7. RESOLUTION NO. 78-249 RESOLUTION WAIVING REQUIRE~iENTS OF CHAPTER 22 OF THE CITY CODE REGARDING THE DIVISION OF PROPERTY Lot 7 and Part of Lot 6, Block 9, The Highlands (Plat 61610 Parcel 3485 and 3500) WHEREAS, an application to waive the subdivision requirements contained in Section 22.00 of the City Code has been filed with the City of Mound, and WHEREAS, said request for a waiver has been reviewed by the Planning Com- mission and the City Council, and WHEREAS, it is hereby determined that there are special circumstances 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 other property owners, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: 1. The request of Frank Niesen for the waiver from the provisions of Section 22.00 of the City Code and the request to subdivide property of less than five acres is hereby granted to permit divi- sion of the following property in the following manner with the stipulation the deficient assessment be picked up: Parcel A: That part of Lot 7 lying Northwesterly of the South- easterly 112.5 feet thereof; that part of Lot 6 lying Northwesterly of the Southeasterly 112.5 feet thereof, except the Northeasterly 10 feet thereof; all in Block 9, The Highlands Parcel B: The Southeasterly 112.5 feet of Lot 7; the Southeaste~%y 112.5 feet of Lot 6, except that part of the Northeasterly 10 feet of said lot lying Northwesterly of a line drawn at right angles to the Northeasterly line at a point distant 120 feet Southeasterly from the Northeasterly corner of said Lot 6; all in Block 9, The Highlands. 2. It is determined that the foregoing division will constitute a desirable and stable community development and is in harmony with adjacent properties. 3. The City Clerk is authorized to deliver a certified copy of this resolution to the applicant for filing in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show com- pliance with the subdivision regulations of this City. Adopted by the City Council this 23rd day of May, 1978. 78-2~q 5-21 INFORMATION SHEET FRONT FRONT SIDE SIDE REAR LAKE /~~W N S E W I0f 50' TOP OF BLUFF 10' OR 30' GARAGE, SHED ..... OR OT]~.]~l DETACHED BUILDINGS P 0 J~ ~ N (~E W ZONING DISTRICT, LOT SIZE/WIDTH: -~.~~81 7,soo/o RIA 6,0~00-f'lfU-- B2 20,000/80 R2 6,000/40 B3 10,000/60 R2 14,000/80 R3 SEE ORD. X1 30,0OO/lO0 J EXISTING~ROPOSED EXISTING LOT SIZE: LOT WIDTH: LOT DEPTH: VARIANCE FRONT FRONT SIDE SIDE REAR LAKE NS E W N S E(~) S E W N S E W 4' OR 6' 4' OR 6' 4' 50' TOP OF BLUFF 10' OR 30' HARDCOVER ,/r'"-~ 30% ?/R 40%Z) ..-. r' This Zoning Into m~e~ o~y ~mm~izes a porUon of ~e requiremen~ outlined in ~e City of Mound Zo~n~ Ordinate. For ~er information, con~et ~e City of Mound .Planning ~p~ment at 472~. · ?' (2 MINUTES - MOUND CITY COUNCIL - APRIL 8, 1997 1.9 REQUEST FOR FINAL PLAT APPROVAL - JOE ZYLMAN, MAPLE MANORS. The City Engineer gave the background of this item. He stated that there are still a couple of things that need to be worked out. One is the Watershed District approval. There are 12 conditions in the resolution for final plat approval. The Council asked about the balance in the escrow fund which is//6 in the conditions. The Staff did not have that information at this time. They also questioned condition gl0 which reads as follows: "A new 100 year flood elevation is being created for the stormwater holding pond which applies to units 7 and 8. The City floodplain ordinance requires these units to have a two foot freeboard above the 100 year elevation, and the lowest floor elections shall be revised to be inconformance with the floodplain ordinance." The Watershed District's Rule B also needs to be addressed for this plat. Councilmember Jensen asked about the City Attorney's letter dated 2-20-97, review of the Maple 8 FROM Waters-Edge 61247231B2 85-13-97 89:49AM TO 4?28628 $326 RAMBLER LANE MOUND. MINNESOTA 55364 612-472-5759 5/13/97 Dear Members of the City Council, ~2 P.2/2 I would like to request that Maple Manors final plat approval be tabled until the 5/27/97 me~ng. I have been unable to get any cooperation from the Watershed District regarding approval of my permits. I hope another two weeks will bring some proiFess on this problem. Sincerely',4~. ,"~ ~._..~. Joe Zylman .~=at I=_~T&TI= RRC}KIER · ~EENERALCONTRACTOR- J I 11 ,L J MINUTES- MOUND CITY COUNCIL - APR1L 8, 1997 Manors Homeowners Documents. She referred to item #3 of the letter as follows: "There is a provision in the articles that allows the association to be dissolved and, upon dissolution, the common area to be dedicated to the public. If the dedication is refused, the property is transferred to any non-profit corporation, association, trust or organization devoted to a similar purpose. This is noted for your information and, not by way of objection." The City Attorney advised that the Articles of the Association could be revised so the City is out of the loop entirely and the property would just go to a non profit or association or trust upon dissolution. Councilmember Ahrens asked if the dissolution item has to be in the Homeowners Agreement. The City Attorney stated that this section is required by state law and is needed to assure that the common area, upon dissolution of the homeowners association, is not ever sold off separately and developed and the owners of the parcels lose the common areas. The idea is that there be some third party trustee of the common areas that would continue to have them as common areas. Councilmember Hanus asked if this plat will have variances to the hardcover requirements on the lots? He asked the City Planner this earlier and the Planner thought that this was covered in the CUP and the preliminary plat. Staff will check this out. The Council decided that without answers to their questions, they would not be able to approve this final plat tonight. The City Engineer stated that what the Watershed District has done, under Rule B, in the past, is that they will approve the permit conditioned upon, the City entering into a cooperative agreement with the Watershed District which we are in the midst of trying to work out now. It appears that the way it will come down is that there will be regional ponding. The Council expressed concern that then the City would have to pay for the construction of the ponds. The City Engineer stated that a way to fund this would be to take the money that is donated in lieu of building all the little ponds and put that toward construction of the regional ponds. Then the maintenance, which is the big item, is turned over to the City. The acquisition of the property would also be the City's responsibility. What level of participation the Watershed District will participate is unknown at this time. There was discussion about creating a Stormwater Utility so that the City can charge the users and not have the taxpayers get stuck with building treatment ponds at taxpayer expense, when user fees are what should be covering it. MOTION by Polston, seconded by Hanus to continue this item until the May 13, 1997, meeting so that all the issues discussed tonight can be addressed by Staff. 1. Get the balance of the escrow account. 2. The commons area and the homeowners agreement. 3. #10 of the conditions in the proposed approval resolution. MINUTES- MOUND CITY COUNCIL - APRIL 8, 1997 4. The hardcover issue. 5. The agreement with the Watershed District. The vote was unanimously in favor. Motion carried. EXHIBIT B, RESOLUTION CITY OF MOUND, MINNESOTA ENGINEER'S MEMO TO THE MOUND CITY COUNCIL ~97- DATE: CASE NO: PETITIONER: FINAL PLAT: LOCATION: ASSESSMENT RECORDS: N/A Yes No 2. [] [] [] 3. [] [] [] 4. [] [] [] 5. [] [] [] April 1, 1997 97-12 Joe Zylman - Waters Edge Investment Co. Maple Manors Three Points Boulevard Watermain area assessments have been levied based on proposed use. Sanitary sewer area assessments have been levied based on proposed use. SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. Area assessments. Other additional assessments estimated: LEGAL / EASEMENTS / PERMITS: 6. [] [] [] 7. [] [] [] Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and five feet (5') in width adjoining side and rear lot lines. SEE SPECIAL CONDITIONS. All standard utility easements required for construction are provided - Yes No EXHIBIT B, RESOLUTION {97- The City will require twenty feet (20') utility and drainage easements for proposed utilities along the lot lines were these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: SEE SPECIAL CONDITIONS. 10. 11. Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lines below the established 100oyear high water elevation and conformance with the City's comprehensive stormwater drainage plan. SEE SPECIAL CONDITIONS. All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of- way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the Owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property_, then this requirement does not at>ply. It will be necessary for the property Owner to provide the City Attorney with the Owner's Duplicate CertifiCate of Title in order that he may file the required easements referred to above. All necessary permits for this project have been obtained - The following permits must be obtained by the Developer: [] DNR [] Hennepin County [] MPCA [] State Health Department [] Minnehaha Creek Watershed District [] U.S. Army Corps of Engineers [] Other The Developer must comply with the conditions within any permit. -2- 12. N/A Yes No lJ ~ill,, ii I .... i1 EXHIBIT B, RESOLUTION ~97- Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary: 13. [] [] [] 14. [] [] [] Conforms with the City's Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 15. [] [] [] All existing street tights-of-way are required width - Additional tight-of-way will be required on 16. [] [] [] 17. [] [] [] 18. [] [] [] Conforms with City standards requiring the Developer to construct utilities necessary to serve this plat - In accordance with City standards, the Developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer, and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. Final utility plans submitted comply with all City requirements- The Developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). SEE SPECIAL CONDITIONS REQUIRED. Per the Developer's request, final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvement Program, a petition must be submitted to the City. The cutoff date for petitions is October -3- N/A Yes No 19. [] [] [] EXHIBIT B, RESOLUTION ~97 1st of the year preceding construction, if the Developer is paying 100% of the cost. The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 20. [] [] [] 21. [] [] [] The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: SEE SPECIAL CONDITIONS. It will be necessary to contact Greg Skinner, the City's Public Works Superintendent, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The Developer shall also be responsible for contacting the Public Works Department for an excavating permit prior to any digging within the City right-of-way. GRADING. DRAINAGE AND EROSION CONTROl,: 22. [] [] [] 23. [] [] [] Minimum basement elevations - Minimum basement elevations must be established for the following lots: All Lots 1 thru 10 have a minimum basement elevation of 933.0. Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The Grading and Drainage Plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: SEE SPECIAL CONDITIONS. -4- EXHIBIT B, RESOLUTION {97- SPECIAL CONDITIONS REQUIRED: 23. The final plat does not have any easement over the common area shown as Lot 11. Either a blanket drainage and utility easement over the entire lot is required or specific easements for the storm sewer, ponding, drainage, etc. The best solution is a blanket easement over the entire Lot 11. Also, the drainage easement for the wetlands must include everything designated as wetlands. A small area behind Lot 4 is omitted. 24. The City has not been furnished any drainage calculations. Copies of information submitted to the MCWD will be sufficient. 25. The proposed lift station must conform to the City's standard requirements. Additional information is needed such as specific requirements for the control panel, pump, valves, ultrasonic level transmitter, etc. In addition, the control panel must be located on a separate 4'x4' concrete pad in a location as approved by Public Works. The exact location of proposed lift station must also be approved by Public Works. 26. Specifications and construction details must be submitted. 27. Approval of the preliminary grading and drainage plan required that additional information in the form of more topography along the east side of the proposed plat at the existing garages on the adjacent property be provided. Additional topo was also requested south and east of Lot 10 and at the proposed street intersection with Three Points Boulevard. None of this information is on the final grading plan. City ordinance requires existing conditions within 100 feet, but we will accept less as long as the information provided is sufficient. 28. Our preliminary review also required additional information on the existing driveway immediately west of the proposed street. This has not been furnished. 29. The inlets to both storm sewer systems located in the yards adjacent to Lots 9 and 10 will need shallow 27" dia. catchbasin structures. 30. The proposed grade of the new street needs to be flatten more at the intersection with Three Points Boulevard. A slope closer to 2% is preferred. The 7% grade could be steeper, but not over 8% which is the maximum allowed by City code. 31. The Developer shall be responsible for the installation of private utilities, such as telephone, electric and natural gas services. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 32. No building permits shall be issued until a contract has been awarded for utility and street construction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. -5- EXHIBIT B, RESOLUTION ~97- 33. 34. Prior to acceptance of the completed subdivision by the City Council, it will be necessary to furnish an Engineer's Certification of Completion. Upon receipt of said certification and recommendation by the City Engineer that the completed work will be accepted, the City Council will be requested to accept, the completed public improvements. Acceptance will be by formal Resolution of the City Council. The following items shall be the responsibility of the Developer and shall be covered by an escrow guarantee (surety bond, cash, certificate of deposit, or irrevocable letter of credit), as specified: Sanitary Sewer Watermain Storm Sewer Grading and Street Construction ESTIMATED TOTAL $ 56,000 $ 25,000 $ 21,000 $ 50,000 $150,000 Amount of escrow guarantee: Estimated total ($150,000) x 125% = $187,500 Submitted by: ~ /'- ' John Cameron, City Engineer e:main: 11417:¢ngmemo -6- 12. N/A Yes ,L EXHIBIT B, RESOLUTION ~97- Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary: 13. [] [] [] 14. [] [] [] Conforms with the City's Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 15. [] [] [] All existing street rights-of-way are required width - Additional right-of-way will be required on 16. [] [] [] 17. [] [] [] 18. [] [] [] Conforms with City standards requiring the Developer to construct utilities necessary to serve this plat - In accordance with City standards, the Developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer, and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. Final utility plans submitted comply with all City requirements- The Developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). SEE SPECIAL CONDITIONS REQUIRED. Per the Developer's request, final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvement Program, a petition must be submitted to the City. The cutoff date for petitions is October -3- d RESOLUTION NO. 97- RESOLUTION GRANTING FINAL PLAT AND CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT AREA (PDA) WITH VARIANCES FOR 'MAPLE MANORS' TWIN HOME RESIDENTIAL DEVELOPMENT WHEREAS, the final plat of Maple Manors has been submitted in the manner required for platting of land under the City of Mound Ordinance Code, Section 330:00 and under Chapter 462 of the Minnesota State Statutes and all proceedings have been duly conducted thereunder; and WHEREAS, the City Council, on January 14, 1997, held a public hearing pursuant to Section 330:00 of the Mound City Code of Ordinances, to consider the approval of the preliminary plat of Maple Manors located on property described as: 5490 Three Points Blvd. (vacant land): That part of the West 100 feet of Lot 25, "Lafayette Park Lake Minnetonka" lying north of the South 345 feet of said Lot 25; Also that part of the East 50 feet of the West 150 feet of said Lot 25 lying northerly of the northerly right-of-way line of Three Points Boulevard; Also that part of the East 100 feet of the West 250 feet of said Lot 25 which lies north of a line drawn east at right angles to the west line of said Lot 25 from a point on said west line distant 318.29 feet north, as measured along said west line, from the southwest comer of said Lot 25. PID 13-117-24 22 0249. WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota; A. Final plat approval is hereby granted for Maple Manors Twin Home Residential Development under PDA requirements, as requested by Waters Edge Investment Co. and as shown on the attached 'Exhibit A', subject to compliance with all of the conditions found in the City Engineer's memo dated April 1, 1997, set forth and incorporated herein as part of the document as 'Exhibit B', and all the conditions of the preliminary plat approval (Resolution #97- 1) set forth and incorporated herein as part of the document and the following conditions: The Developer shall secure all applicable permits as defined by the City Engineer from all entities with jurisdiction over this project. Park dedication fees shall be collected in the amount of $5,000 prior to release of this resolution for filing of the final plat. Proposed Resolution Maple Manors Final Plat April 8, 1997 Page 2 o 10. 11. No construction activity shall occur on the site until all applicable provisional or final permits have been issued by the Minnehaha Creek Watershed District and other applicable agencies. The Developer shall provide the City Attorney with Homeowner's Documents and Declaration of Covenants for his review and approval. The Developer shall also provide the City Attorney with information necessary to conduct a title search and make a clear title opinion, all prior to filing of the final plat with Hennepin County. Prior to the City releasing the final plat, the Developer shall sign a development contract furnished by the City. The development contract shall stipulate that construction of all items covered by said contract and shall be completed within a specified period of time and shall require compliance with all City Codes not modified by this resolution. As part of the development contract, the Developer shall furnish the City with a performance bond, an irrevocable letter of credit, or other form of security approved by the City Attorney in the amount of 125% of the cost of all applicable public improvements necessary to be completed prior to filing the final plat. The Developer shall provide the necessary escrow funds required in Section 330:30 of the City Code. The existing balance of $ plus an additional, $1,000 plus any additional sums necessary to cover engineering, planning, legal and administrative expenses shall be deposited with the City prior to the City releasing the final plat. The plat shall be filed with Hennepin County within 240 days of the City Council approving the final plat (November 27, 1997). Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Fire Chief and Building Official. Construction and maintenance of the site shall adhere to MPCA Best Management Practices. Construction documents submitted to the City Engineer shall reflect said BMPs. A new 100 year flood elevation is being created for the stormwater holding pond which applies to units 7 and 8. The City floodplain ordinance requires these units to have a two foot freeboard above the 100 year elevation, and the lowest floor elevations shall be revised to be in conformance with the floodplain ordinance. Additional revisions will be required to the grading plan relating, but not limited to, the following issues: erosion control, lowest floor elevations, grading modifications related to the lowest floor elevations, and retaining walls that may be needed and as required by the City Engineer on the east side of the property. Proposed Resolution Maple Manors Final Plat ApHl 8, 1997 Page 3 12. The surveyor shall certify the final grading work is in conformance with the approved grading plan, and the City Engineer and/or Building Official shall review and approve of the surveyors certification. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the City of Mound Code of Ordinances. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk /t ?? z A,'IRESOLTJ-~ION ~97- ,J 1, it ,L jIIj, , I1.,, EXHIBIT B , RESOLUTION CITY OF MOUND, MINNESOTA ENGINEER '$ MEMO TO THE MOUND CITY COUNCIL ~97- DATE: CASE NO: PETITIONER: FINAL PLAT: LOCATION: ASSESSMENT RECORDS: N/A Yes No 1. [] [] [] 2. [] [] [] 3. [] [] [] 4. [] [] [] 5. [] [] [] April 1, 1997 97-12 Joe Zylman - Waters Edge Investment Co. Maple Manors Three Points Boulevard Watermain area assessments have been levied based on proposed use. Sanitary sewer area assessments have been levied based on proposed use. SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. Area assessments. Other additional assessments estimated: LEGAL / EASEMENTS / PEKMITS: 6. [] [] [] 7. [] [] [] Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and five feet (5') in width adjoining side and rear lot lines. SEE SPECIAL CONDITIONS. All standard utility easements required for construction are provided - o 10. 11. N/A No EXHIBIT B, RESOLUTION ~97- The City will require twenty feet (20') utility and drainage easements for proposed utilities along the lot lines were these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: SEE SPECIAL CONDITIONS. Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lines below the established 100-year high water elevation and conformance with the City's comprehensive stormwater drainage plan. SEE SPECIAL CONDITIONS. All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of- way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the Owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The Owner's Duplicate Certificate of Title has been submitted to the City with this application If it is subsequenl;ly determined that the subject property_ is abstract property_, ther~ this requirement does not apply. It will be necessary for the property Owner to provide the City Attorney with the Owner's Duplicate CertifiCate of Title in order that he may file the required easements referred to above. All necessary permits for this project have been obtained - The following permits must be obtained by the Developer: [] DNR [] Hennepin County [] MPCA [] State Health Department [] Minnehaha Creek Watershed District [] U.S. Army Corps of Engineers [] Other The Developer must comply with the conditions within any permit. -2- 12. N/A Yes No EXHIBIT B, RESOLUTION ~97- Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary: 13. [] [] [] Conforms with the City's Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 15. [] [] [] All existing street rights-of-way are required width - Additional right-of-way will be required on 16. [] [] [] 17. [] [] [] 18. [] [] [] Conforms with City standards requiring the Developer to construct utilities necessary to serve this plat - In accordance with City standards, the Developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer, and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. Final utility plans submitted comply with all City requirements- The Developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). SEE SPECIAL CONDITIONS REQUIRED. Per the Developer's request, final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvement Program, a petition must be submitted to the City. The cutoff date for petitions is October -3- N/A Yes No EXHIBIT B, RESOLUTION ~97 1st of the year preceding construction, if the Developer is paying 100% of the cost. The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 20. [] [] [] The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan o The following revisions will be required: SEE SPECIAL CONDITIONS. 21. [] [] [] It will be necessary to contact Greg Skinner, the City's Public Works Superintendent, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The Developer shall also be responsible for contacting the Public Works Department for an excavating permit prior to any digging within the City right-of-way. GRADING. DRAINAGE AND EROSION CONTROl,: 22. [] [] [] 23. [] [] [] Minimum basement elevations - Minimum basement elevations must be established for the following lots: All Lots 1 thru 10 have a minimum basement elevation of 933.0. Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The Grading and Drainage Plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: SEE SPECIAL CONDITIONS. -4- EXHIBIT B, RESOLUTION {97- SPECIAL CONDITIONS REQUIRED: 23. The final plat does not have any easement over the common area shown as Lot 11. Either a blanket drainage and utility easement over the entire lot is required or specific easements for the storm sewer, ponding, drainage, etc. The best solution is a blanket easement over the entire Lot 11. Also, the drainage easement for the wetlands must include everything designated as wetlands. A small area behind Lot 4 is omitted. 24. The City has not been furnished any drainage calculations. Copies of information submitted to the MCWD will be sufficient. 25. The proposed lift station must conform to the City's standard requirements. Additional information is needed such as specific requirements for the control panel, pump, valves, ultrasonic level transmitter, etc. In addition, the control panel must be located on a separate 4'x4' concrete pad in a location as approved by Public Works. The exact location of proposed lift station must also be approved by Public Works. 26. Specifications and construction details must be submitted. 27. Approval of the preliminary grading and drainage plan required that additional information in the form of more topography along the east side of the proposed plat at the existing garages on the adjacent property be provided. Additional topo was also requested south and east of Lot 10 and at the proposed street intersection with Three Points Boulevard. None of this information is on the final grading plan. City ordinance requires existing conditions within 100 feet, but we will accept less as long as the information provided is sufficient. 28. Our preliminary review also required additional information on the existing driveway immediately west of the proposed street. This has not been furnished. 29. The inlets to both storm sewer systems located in the yards adjacent to Lots 9 and 10 will need shallow 27" dia. catchbasin structures. 30. The proposed grade of the new street needs to be flatten more at the intersection with Three Points Boulevard. A slope closer to 2% is preferred. The 7% grade could be steeper, but not over 8% which is the maximum allowed by City code. 31. The Developer shall be responsible for the installation of private utilities, such as telephone, electric and natural gas services. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 32. No building permits shall be issued until a contract has been awarded for utility and street construction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. -5- EXHIBIT B, RESOLUTION ~97- 33. 34. Prior to acceptance of the completed subdivision by the City Council, it will be necessary to furnish an Engineer's Certification of Completion. Upon receipt of said certification and recommendation by the City Engineer that the completed work will be accepted, the City Council will be requested to accept, the completed public improvements. Acceptance will be by formal Resolution of the City Council. The following items shall be the responsibility of the Developer and shall be covered by an escrow guarantee (surety bond, cash, certificate of deposit, or irrevocable letter of credit), as specified: Sanitary Sewer Watermain Storm Sewer Grading and Street Construction ESTIMATED TOTAL $ 56,000 $ 23,000 $ 21,000 $ 50.000 $150,000 Amount of escrow guarantee: Estimated total ($150,000) x 125% = $187,500 Submitted by: John Cameron, City Engineer ¢:main: 11417:engmemo -fi- ,al¸ ,L Iii, Application for MAJOR SUBDMSION City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 PAID MAR 6 1997 CiTY OF MOUND t PLANNING COMM. DATE /"L / c"Q. CASE ~o. ASSESSING ESCROW DEPOSIT $ 1.000 OTHER: VARIANCE $ TOTAL Sl(c.c Please type or print the following information: PROPERTY Subject Address ~'~-~ fO INFORMATION Name of Proposed Plat EXISTING Lot ~~ LEGAL / DESCRIPTION Subdivision PID~ ZONING DISTRICT Circle: R-1 ~ R-2 R-3 B-1 B-2 B-3 Name ~ r AddressI OWNER applicant) Phone (H) _~/~Z~ ~//~ / (WI ~ ~ G ~ (M) SURVEYOR/ Phone {H) (W) ~ 7~ -- ~/y/ (M) ,..:v. 1/29/97) Major Subdivision Application Page 2 Description of Proposed Use: EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, includ not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the ir. .,. 'ti 'e -cc., If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the co.' of the proposed development. Estimated Development Cost of the Project: $/.-)t9/oo ,'. O -' RESIDENTIAL DEVELOPMENTS: Number of Structures: ._~ Number of Dwelling Units/Structure: Lot Area Per Dwelling Unit:3/./~cD sq. ft. Total Lot Area: Fo 80 0 sq. ft. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this p ~g~ yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resoluti This application must be signed by al__[l owners of the subject property, or an explanation given why this is not the Print Applicant's Name Apl~icant's ~g&ature Print Owner's Name Owner's Signature Date Print Owner's Name Owner's Signature Date (Rev. 1/29/97) 3~5/97 6326 RAMBLER LANE MOUND, MINNESOTA 55364 612-472-5759 This letter is in regard to the proof of title to the land for the Maple Manors Project. Title is currently held by the Landsmen's who live in Alexandria. We are planning to transfer ownership on 3/17/97. Title wilt then be held by Waters Edge Investment Co. Sincerely, Joe Zylman President - Waters Edge Investment Co. CHARTERED 470 Pillsbury. Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com CORRINE H. THOMSON Attorney at Dir~t Dial (612) 337-9217 February 20, 1997 Peggy James City of Mound 5341Maywood Road Mound, MN 55364-1687 RE: Maple Manors Homeowners Documents Dear Ms. James: This is in response to your letter to Curt Pearson dated February 12, 1997. I have reviewed the documents enclosed with that letter and have the following comments: There is a discrepancy between the number of lots indicated in the homeowners documents and the number of lots shown in the approved preliminary plat. The homeowners documents indicate that there are 15 lots, while the plat shows only 11 lots. This discrepancy needs to be corrected. With the exception of the discrepancy noted above, the Declaration contains the necessary dedication of easements in favor of the City. There is a provision in the articles that allows the association to be dissolved and, upon dissolution, the common area to be dedicated to the public. If the dedication is refused, the property is transferred to any non-profit corporation, association, trust or organization devoted to a similar purpose. This is noted for your information and not by way of objection. Sincerely, Corrine H. Thomson cc: John Dean JOEL 7. YLYat~N 2 - 21 - 9 7 I~RK KOEGLER " eA~i~2~JOHN CAMERON " ~U200-62 January 14, 1997 RESOL~ON NO. 97.1 RESOLU~ON APPROVING A PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT AREA WITH VARIANCES FOR MAPLE MANORS TWIN HOME RESIDENTIAL DEVELOPM~.NT AT THAT PART OF LOT 25, LAFAYETTE PARK PID 13-117-24 22 0246, CASE ~)6-69 WI:I~KEAS, the applicant, Joe Zylman of Waters Edge Investment Co., has submitted an application for a Preliminary Plat and Conditional Use Permit to establish "Maple Manors" as a Planned Development Area, with variances, pursuant to Section 330 of the Mound City Code, and; WHEREAS, the ten housing units in the development will consist of one level twin homes that will be owner occupied. In order for twin homes to be built on property zoned R- IA, a Conditional Use Permit needs to be approved to establish a Planned Development Area, and; WHEREAS, the project results in the following variances: R/ght--of-Way Width Cul-de-sac Right-of-Way (radius) Cul-de-sac Paved Street (radius) Lot Size (all Lots except 8) Lot Size - Lot 8 required proposed variance 50' 40' I0' 50' 40' 10' 40' 35' 5' 6,000 sf 3,440 sf 2,560 sf 6,000 sf 3,314 sf 2,686 sf WHEREAS, the ten (10) units comply with the maximum density allowable under the shoreland restrictions without the density bonuses that are allowed by the Code. The non- shoreland PDA standards would allow this site to have 14 units under R-IA zoning. As proposed, the net density equates to 8,569 square feet of land per unit, and; WHEREAS, the granting of the variances requested will not confer upon the applicant any special privilege that is denied owners of other lands in the same zone, and; WHE~AS, the proposed subdivision as conditioned is consistent with the comprehensive plan, and; WHEREAS, the proposed design as conditioned is consistent with applicable development plans and policies, and; WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated if the conditions imposed herein are met, and; January 14, 1997 .. WHEREAS, according to the plan, 18 of the 34 trees on the site will be preserved, and; WHEREAS, the Mound Wetland Ordinance identifies the wetland contour in the area of the project as 929.5. A wetland delineation was completed for the site. All of the proposed units comply with the Watershed District's 35 foot setback requirements from the edge of the wetland, and; WHEREAS, this development will create nonconforming situations on the adjacent properties that are not pan of this development. A new street frontage will be created for the two residential lots that lie along Three Points Blvd. to the south of the site. Parcel 250 has a garage that is located approximately 5 feet from the property line and the home is located approximately 15 feet from the new fight-of-way line creating variances of 15 feet and 5 feet respectively. Parcel 246 has a detached garage that is 16 feet from the new fight-of-way resulting in a 4 foot variance from the 20 foot setback requirement. Future improvements to these homes may require approval of a variance. The construction of the new street is certainly grounds for approving (recognizing) variances for the existing conditions should such be necessary in the future, and; W}IEREAS, the City has considered traffic and other aspects of the proposed project as it might affect public health, safety or welfare and impose conditions upon the approval addressing those considerations. The proposed twin homes would generate traffic ranging from 59 to 65 trips per day, according to published standards, and; WHEREAS, adequate utilities, access roads, drainage and other necessary facilities are being provided, and; WHEREAS, The twin home use that is proposed is an appropriate land use for the existing site that lies between the condominium complex to the east and the business zoned property to the west, and; WHEREAS, the proposed project as conditioned will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with conditions, subject to the following findings of fact: Now that the property is rezoned, it could possibly have up to 14. units, therefore, the 10 units proposed is not a large impact. The proposed layout of the twin homes has a minimal impact on the overall land the roadway and cul-de-sac are typical of others that have recently been approved by the City and have worked well. The proposed lot sizes, including common areas, overall are beyond what is required in the R-lA zone. January 14, 1997 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to hereby: Ae Approve the Preliminary Plat according to the attached Exhibit 'A', and approve a Conditional Use Permit to establish Maple Manors as a Planned Development Area, with variances, subject to the following conditions: 1. Plans shall be reviewed and approved by the Watershed District. The applicant shall be responsible for park dedication requirements consistent with Section 330:120 of the Mound Code of Ordinances. The applicant shall submit for staff review and approval, detailed landscaping plans for the site showing plantings on the association property to mitigate tree loss due to road and unit construction and containing typical landscaping treatments for twin home units. Landscaping plans shall identify all plant materials by name, size (height or caliper) and root type and shall be compliant with the minimum planting sizes referenced in the City Code. Covenants, as submitted by the applicant shall be reviewed and approved by the City Attorney. Escrow accounts shall be established as required by City Code and shall at ail times, maintain a positive fund balance. The preliminary plat shall be revised to show a 50 foot right-of-way for the land area between the two adjacent single family residential properties. Locate and show on the site plan the existing driveway to the westerly residence (Parcel 246) to determine if it needs to be relocated, and if so, the cost of relocating shall be born by the developer. All drainage newly created by the development, either by excavating or building shall be maintained within the property so it does not go to the east and negatively impact any property to the east and that the provision be made that the engineer specifically look at that property abutting the east to determine that water flow stay within that property. The site plan and grading plan be incorporated in this resolution and be made a part thereof. January 14, 1997 B. Approve the following variances as part of the Planned Development Area: Right-of-Way Width Cul4e-sac Right-of-Way (radius) Cul-de-sac Paved Street (radius) Lot Siza (all Lots except 8) Lot Siz~ - Lot 8 required proposed variance 50' 40' I0' 50' 40, 10' 40' 35' 5' 6,000 sf 3,440 sf 2,560 sf 6,000 sf 3,314 sf 2,686 sf C. Approve the development of the property legally described as follows: 5490 Three Points Blvd. (vacant land): That part of the West 100 feet of Lot 25, "Lafayette Park Lake Minnetonka" lying north of the South 345 feet of said Lot 25; Also that part of the East 50 feet of the West 150 feet of said Lot 25 lying northerly of the northerly right-of-way line of Three Points Boulev~d; Also that part of the East 100 feet of the West 250 feet of said Lot 25 which lies north of a line drawn east at right angles to the west line of said Lot 25 from a point on said west line distant 318.29 feet north, as measured along said west line, from the southwest comer of said Lot 25. PID 13- 117-24 22 0249. The foregoing resolution was moved by Councilmember ]'ensen and seconded by Councilmember Hanus. The following Councilmembers voted in the affirmative: Ahrens, Hanus, Jensen and Weycker. The following Councilmembers voted in the negative: Polston. Mayoi' Attest: City Clerk EXHIBIT A, RESOLUTION ~97-1 MAPLE MANORS PRELIMINARY PLAT .... : : t I l I I I I I I ! ! ! ORDINANCE #83-1997 AN ORDINANCE REZONING CERTAIN LANDS AS DESCRIBED FROM R-1 SINGLE FAMII.y RESIDENTIAL TO R-lA SINGLE FAMII.y RESIDENTIAL The City of Mound does ordain, The City of Mound Zoning Map is hereby amended as follows: Property described as follows, is hereby rezoned from R-1 Single Family Residential (10,000 square foot minimum lot area), to R-lA Single Family Residential (6,000 square foot minimum lot area: 5490 Three Points Blvd. (vacant land): That part of the West 100 feet of Lot 25, "Lafayette Park Lake Minnetonka" lying north of the South 345 feet of said Lot 25; Also that part of the East 50 feet of the West 150 feet of said Lot 25 lying northerly of the northerly right-of-way line of Three Points Boulevard; Also that part of the East 100 feet of the West 250 feet of said Lot 25 which lies north of a line drawn east at right angles to the west line of said LOt 25 from a point on said west line distant 318.29 feet north, as measured along said west line, from the southwest comer of said LOt 25. PID 13-117-24 22 0249. 5510 Three Points Blvd.: That part of the West 100 feet of the South 250 feet of said Lot 25 and of the East 50 feet of the South 250 feet of Lot 26 lying North of Three Points Blvd. PID 13-117-24 22 0246. 5470 Three Points Blvd.: That part of the East 100 feet of the West 250 feet of said Lot 25 lying South of a line running East at a right angle with the West line of said Lot 25 from a point thereon 318.29 feet North from the Southwest comer of said Lot 25 and lying North of Three Points Blvd. PID 13-117-24 22 0250. The Zoning Map of the City of Mound on file with the City Clerk is hereby amended in accordance with these rezoning provisions. Mayor Attest: City Clerk Adopted by the City Council January 14, 1997 Published in The Laker February 1, 1997 RESOLUTION NO. 97- RESOLUTION GRANTING FINAL PLAT AND CONDITIONAL USE PEI~MIT APPROVAL FOR A PLANNED DEVELOPMENT AREA (PDA) WITH VARIANCES FOR 'MAPLE MANORS' TWIN HOME RESIDENTIAL DEVELOPMENT WHEREAS, the final plat of Maple Manors has been submitted in the manner required for planing of land under the City of Mound Ordinance Code, Section 330:00 and under Chapter 462 of the Minnesota State Statutes and all proceedings have been duly conducted thereunder; and WHEREAS, the City Council, on January 14, 1997, held a public hearing pursuant to Section 330:00 of the Mound City Code of Ordinances, to consider the approval of the preliminary plat of Maple Manors located on property described as: 5490 Three Points Blvd. (vacant land): That part of the West 100 feet of Lot 25, "Lafayette Park Lake Minnetonka" lying north of the South 345 feet of said Lot 25; Also that part of the East 50 feet of the West 150 feet of said Lot 25 lying northerly of the northerly right-of-way line of Three Points Boulevard; Also that part of the East 100 feet of the West 250 feet of said Lot 25 which lies north of a line drawn east at right angles to the west line of said Lot 25 from a point on said west line distant 318.29 feet north, as measured along said west line, from the southwest corner of said Lot 25. PID 13-117-24 22 0249. WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota; A. Final plat approval is hereby granted for Maple Manors Twin Home Residential Development under PDA requirements, as requested by Waters Edge Investment Co. and as shown on the attached 'Exhibit A', subject to compliance with all of the conditions found in the City Engineer's memo dated April 1, 1997, set forth and incorporated herein as part of the document as 'Exhibit B', and all the conditions of the preliminary plat approval (Resolution #97- 1) set forth and incorporated herein as part of the document and the following conditions: The Developer shall secure all applicable permits as defined by the City Engineer from all entities with jurisdiction over this project. Park dedication fees shall be collected in the amount of $5,000 prior to release of this resolution for filing of the final plat. Proposed Resolution Maple Manors Final Plat April 8, 1997 Page 2 o o o No construction activity shall occur on the site until all applicable provisional or final permits have been issued by the Minnehaha Creek Watershed District and other applicable agencies. The Developer shall provide the City Attorney with Homeowner's Documents and Declaration of Covenants for his review and approval. The Developer shall also provide the City Attorney with information necessary to conduct a title search and make a clear title opinion, all prior to filing of the final plat with Hennepin County. Prior to the City releasing the f'mal plat, the Developer shall sign a development contract furnished by the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within a specified period of time and shall require compliance with all City Codes not modified by this resolution. As part of the development contract, the Developer shall furnish the City with a performance bond, an irrevocable letter of credit, or other form of security approved by the City Attorney in the amount of 125 % of the cost of all applicable public improvements necessary to be completed prior to filing the final plat. The Developer shall provide the necessary escrow funds required in Section 330:30 of the City Code. The existing balance of $ plus an additional, $1,000 plus any additional sums necessary to cover engineering, planning, legal and adminis'. 'e expenses shall be deposited with the City prior to the City releasing the final plat. The plat shall be filed with Hennepin County within 240 days of the City Council approving the final plat (November 27, 1997). Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Fire Chief and Building Official. Construction and maintenance of the site shall adhere to MPCA Best Management Practices. Construction documents submitted to the City Engineer shall reflect said BMPs. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the City of Mound Code of Ordinances. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Application for MAJOR SUBDMSION City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 PAID MAR 6 1997 CITY OF MOUND ~'150 ~5¢~ ! PLANNING COMM. DATE /~ / ~ CASe NO. CFI'Y COUNCIL DATE; ~ ..o~.~'_ q,7 DISTRIBUTION DA~ ~PE OF APP~CATION FEE C~Y ENGINEER It P~LIMINARY PLAT $200 ,, FI~ DEPARTMENT II CONDITIONAL USE PE~: PDA $ 250 ASSESSING ESCROW DEPOSIT $ 1.000 OTHER: VA~NCE $ 100 TOTAL Please type or print the following information: PROPERTY Subject Address _~'~ qO '~ ~-P~' -~ I ~/'d. iNFORMATiON ..... .ame of Proposed Plat ~ ~l-pIy' ~qr~.~ ~J~,'~,'04 EXISTING LO, ~~/~/ Bloc' P lat~ LEGAL , DESCRIPTION Subdivision PID~ /~ - //7- ~ -.~[_ O~ ZONING DISTRICT Circle: R-1 ~ R-2 R-3 B-1 B-2 B-3 APPLICANT The applicant is: __owner ~gther: ~ ~ , .~ -~, ~ r7 m/~~ ~ r Address ~ / 2~/~ ~, / ~O&~/ ~ Phone (H) ~--,~,~ (W) ~. ~7 ~¢ (M) ~/ - ~0 Name ~,-~L_~[~ ~. L¢,'y ~~(~ OWNER ' - applicant) , - - P.o~e (~) ~/~/~n ~ 4 / (W) ~4 ~ C g ~M)_,, Name ~~ ~. ~...d ~ ENGINEER Address ¢~ ~ J ¢ , ~C~, ~ ~¢ Pho.e (H) (W) W 7~ -- ~/ Y~ (M) (Rev. 1/29/97) Major Subdivision Application Page 2 Description of Proposed Use: 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. ,'ll If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $/.~}D/~o ,'. 0 a RESIDENTIAL DEVELOPMENTS: Number of Structures: Number of Dwelling Units/Structure: Lot Area Per Dwelling Unit:3q0D sq. ft. Total Lot Area: 6 80,9 sq. ft. 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. ¥ t This application must be signed by all owners of the subject property, or an explanation given why this is not the case. Print Applicant's Name Da'/~ / Print Owner's Name Owner's Signature Date Print Owner's Name Owner's Signature Date (Rev. 1/29/97) 3/5/97 ater, 6326 RAMBLER LANE MOUND, MINNESOTA 55364 612-472-5759 This letter is in regard to the proof of title to the land for the Maple Manors Project. Title is currently held by the Landsmen's who live in Alexandria. We are planning to transfer ownership on 3/17/97. Title will then be held by Waters Edge Investment Co. Sincerely, Joe Zylman President - Waters Edge Investment Co. · REAL ESTATE BROKER ° GENERAL CONTRACTOR ° CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com CORRINE H. THOMSON Attorney at Direct Dial (612) 337-9217 February 20, 1997 )?o0 Peggy James City of Mound 5341 Maywood Road Mound, MN 55364-1687 RE: Maple Manors Homeowners Documents Dear Ms. James: This is in response to your letter to Curt Pearson dated February 12, 1997. I have reviewed the documents enclosed with that letter and have the following comments: There is a discrepancy between the number of lots indicated in the homeowners documents and the number of lots shown in the approved preliminary plat. The homeowners documents indicate that there are 15 lots, while the plat shows only 11 lots. This discrepancy needs to be corrected. With the exception of the discrepancy noted above, the Declaration contains the necessary dedication of easements in favor of the City. There is a provision in the articles that allows the association to be dissolved and, upon dissolution, the common area to be dedicated to the public. If the dedication is refused, the property is transferred to any non-profit corporation, association, trust or organization devoted to a similar purpose. This is noted for your information and not by way of objection. Sincerely, Corrine H. Thomson cc: John Dean CC: JOEL ZYLMAN 2-21-97 MARK KOEGLER " ~ JOHN CAMERON " CAHllS.i7 MU200-62 January 14, 1997 RESOLUTION NO. 9%1 RESOLUTION APPROVING A PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT AREA WITH VARIANCES FOR MAPLE MANORS TWIN HOM~E RESIDENTIAL DEVELOPMENT AT THAT PART OF LOT 25, LAFAYETTE PARK PID 13-117-24 22 024~, CASE ,~--69 WHEREAS, the applicant, Joe Zylman of Waters Edge Investment Co., has submitted an application for a Preliminary Plat and Conditional Use Permit to establish 'Maple Manors" as a Planned Development Area, with variances, pursuant to Section 330 of the Mound City Code, and; WHEREAS, the ten housing units in the development will consist of one level twin homes that will be owner occupied. In order for twin homes to be built on property zoned R- lA, a Conditional Use Permit needs to be approved to establish a Planned Development Area, and; WHEREAS, the project results in the following variances: Right-of-Way Width Cul-de-sac Right-of-Way (radius) Cul-de-sac Paved Street (radius) Lot Size (all Lots except 8) Lot Size - Lot 8 ..required proposed variance 50' 40' 10' 50' 40' I0' 40' 35' 5' 6,000 sf 3,440 sf 2,560 sf 6,000 sf 3,314 sf 2,686 sf WHEREAS, the ten (10) units comply with the maximum density allowable under the shoreland restrictions without the density bonuses that are allowed by the Code. The non- shoreland PDA standards would allow this site to have 14 units under R-IA zoning. As proposed, the net density equates to 8,569 square feet of land per unit, and; WHEREAS, the granting of the variances requested will not confer upon the applicant any special privilege that is denied owners of other lands in the same zone, and; WHEREAS, the proposed subdivision as conditioned is consistent with the comprehensive plan, and; WHEREAS, the proposed design as conditioned is consistent with applicable development plans and policies, and; WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated if the conditions imposed herein are met, and; January 14, 1997 WHEREAS, according to the plan, 18 of the 34 trees on the site will be preserved, and; WHEREAS, the Mound Wetland Ordinance identifies the wetland contour in the area of the project as 929.5. A wetland delineation was completed for the site. All of the proposed units comply with the Watershed District's 35 foot setback requirements from the edge of the wetland, and; WltEREAS, this development will create nonconforming situations on the adjacent properties that are not part of this development. A new street frontage will be created for the two residential lots that lie along Three Points Blvd. to the south of the site. Parcel 250 has a garage that is located approximately 5 feet from the property line and the home is located approximately 15 feet from the new right-of-way line creating variances of 15 feet and 5 feet respectively. Parcel 246 has a detached garage that is 16 feet from the new right-of-way resulting in a 4 foot variance from the 20 foot setback requirement. Future improvements to these homes may require approval of a variance. The construction of the new street is certainly grounds for approving (recognizing) variances for the existing conditions should such be necessary in the future, and; WHEREAS, the City has considered traffic and other aspects of the proposed project as it might affect public health, safety or welfare and impose conditions upon the approval addressing those considerations. The proposed twin homes would generate traffic ranging from 59 to 65 trips per day, according to published standards, and; WHEREAS, adequate utilities, access roads, drainage and other necessary facilities are being provided, and; WHEREAS, The twin home use that is proposed is an appropriate land use for the existing site that lies between the condominium complex to the east and the business zoned property to the west, and; WHEREAS, the proposed project as conditioned will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with conditions, subject to the following findings of fact: Now that the property is rezoned, it could possibly have up to 14 units, therefore, the 10 units proposed is not a large impact. The proposed layout of the twin homes has a minimal impact on the overall land the roadway and cul-de-sac are typical of others that have recently been approved by the City and have worked well. The proposed lot sizes, including common areas, overall are beyond what is required in the R-IA zone. January 14, 1997 NOW, ~FORE, BE IT RESOLVED, by [he City Counci! of [he City of Mound, Mirmesom, to hereby: Approve the Preliminary Plat according to the attached Exhibit 'A', and approve a Conditional Use Permit to establish Maple Manors as a Planned Development Area, with variances, subject to the following conditions: 1. Plans shall be reviewed and approved by the Watershed District. The applicant shall be responsible for park dedication requirements consistent with Section 330:120 of the Mound Code of Ordinances. The applicant shall submit for staff review and approval, detailed landscaping plans for the site showing plantings on the association property to mitigate tree loss due to road and unit construction and containing typical landscaping treatments for twin home units. Landscaping plans shall identify all plant materials by name, size (height or caliper) and root type and shall be compliant with the minimum planting sizes referenced in the City Code. Covenants, as submitted by the applicant shall be reviewed and approved by the City Attorney. Escrow accounts shall be established as required by City Code and shall at all times, maintain a positive fund balance. The preliminary plat shall be revised to show a 50 foot right-of-way for the land area between the two adjacent single family residential properties. Locate and show on the site plan the existing driveway to the westerly residence (Parcel 246) to determine if it needs to be relocated, and if so, the cost of relocating shall be born by the developer. o All drainage newly created by the development, either by excavating or building shall be maintained within the property so it does not go to the east and negatively impact any property to the east and that the provision be made that the engineer specifically look at that property abutting the east to determine that water flow stay within that property. The site plan and grading plan be incorporated in this resolution and be made a part thereof. January 14, 1997 B. Approve the following variances as part of the Planned Development Area: Right-of-Way Width Cul-de-sac Right-of-Way (radius) Cul-de-sac Paved Street (radius) Lot Siz~ (all Lots except 8) Lot Siz~ - Lot 8 required proposed variance 50' 40' 10' 50' 40' 10' 40' 35' 5' 6,000 sf 3,440 sf 2,560 sf 6,000 sf 3,314 sf 2,686 sf C. Approve the development of the property legally described as follows: 5490 Three Points Blvd. (vacant land): That part of the West 100 feet of Lot 25, "Lafayette Park Lake Minnetonka" lying north of the South 345 feet of said Lot 25; Also that part of the East 50 feet of the West 150 feet of said Lot 25 lying northerly of the northerly right-of-way line of Three Points Boulevard; Also that part of the East 100 feet of the West 250 feet of said Lot 25 which lies north of a line drawn east at right angles to the west line of said Lot 25 from a point on said west line distant 318.29 feet north, as measured along said west line, from the southwest comer of said Lot 25. PID 13- 117-24 22 0249. The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Hanus. The following Councilmembers voted in the affirmative: Ahrens, Hanus, Jensen and Weycker. The following Councilmembers voted in the negative: Polston. Mayo~' Attest: City Clerk o EXHIBIT A, RESOLUTION ~97-1 MAPLE MANORS PRELIMINARY PLAT I I I I I I I I I I I I ORDINANCE//83-1997 AN ORDINANCE REZONING CERTAIN LANDS AS DESCRIBED FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-lA SINGLE FAMILY RESIDENTIAL The City of Mound does ordain, The City of Mound Zoning Map is hereby amended as follows: Property described as follows, is hereby rezoned from R-1 Single Family Residential (10,000 square foot minimum lot area), to R-IA Single Family Residential (6,000 square foot minimum lot area: 5490 Three Points Blvd. (vacant land): That part of the West 100 feet of Lot 25, "Lafayette Park Lake Minnetonka" lying north of the South 345 feet of said Lot 25; Also that part of the East 50 feet of the West 150 feet of said Lot 25 lying northerly of the northerly fight-of-way line of Three Points Boulevard; Also that part of the East 100 feet of the West 250 feet of said Lot 25 which lies north of a line drawn east at right angles to the west line of said Lot 25 from a point on said west line distant 318.29 feet north, as measured along said west line, from the southwest comer of said Lot 25. PID 13-117-24 22 0249. 5510 Three Points Blvd.: That part of the West 100 feet of the South 250 feet of said Lot 25 and of the East 50 feet of the South 250 feet of Lot 26 lying North cf Three Points Blvd. PID 13-117-24 22 0246. 5470 Three Points Blvd.: That part of the East 100 feet of the West 250 feet of said LOt 25 lying South of a line running East at a fight angle with the West line of said Lot 25 from a point thereon 318.29 feet North from the Southwest comer of said Lot 25 and lying North of Three Points Blvd. PID 13-117-24 22 0250. The Zoning Map of the City of Mound on file with the City Clerk is hereby amended in accordance with these rezoning provisions. Mayor Attest: City Clerk Adopted by the City Council January 14, 1997 Published in The Laker February 1, 1997 ,I, I PARK AND OPEN SPACE COMMISSION MINUTES MAY 8, 1997 Present were: Peter Meyer, Bev Botko, Rita Pederson, Tom Casey, City Council Representative Leah Weycker, Parks Director Jim Fackler, and Secretary Clare Link. Those absent and excused were: Marilyn Byrnes. Also in attendance were: None MINUTES Motion made by Meyers, seconded by Botko to approve the minutes of the April 10, 1997 Park and Open Space Commission meeting, as written. Motion carried unanimously. PARK TOUR, DISCUSSION, PROPOSED DATE_ Pederson noted interest has been shown in visiting Crescent Park, Bluff Park, The Depot, and · tko su eested people be alerted we are coming. Meyer stated that would be a Avon Park Bo g~ . ...... ,_A ,_ ~,,r. ot each hark and discuss what · 'n Pederson stated me intent woum ut tu ~,~,~- ,~ ~- separate meeU g. · e nei hborhoods suggestions have been made to improve them and integrate them to what th g want. Meyer asked if we want them to be a community park or a neighborhood park. Pederson stated their input is important in spite of the fact they are there for use by all residents of Mound. Meyer stated it is important to get the neighborhoods involved· Weycker stated signs could be posted to show what is happening in the parks. Commissioners discussed a possible date for the tour· Fackler suggested it be the same night as a meeting, but he did not have to attend. Monday, May 19 at 6:30 p.m..was selected for the tour date. Commissioners will meet at City Hall. Commissioners discussed prioritizing which parks would be visited. Commissioners discussed long range trail plans. Casey asked staff to provide a copy of Minnetrista's current trail plan for discussion on a future agenda. Commissioners determined Avon would be the top priority, Swenson, Crescent and Three Points· Motion by Botko, and seconded by Casey to continue discussion of this item. Motion carried unanimously. Commissioner continued discussion of park prioritization for the tour. They discussed another date for an additional tour· Wednesday, June 11 was selected for the date. Mower, The Depot, Bluffs Beach, and Centerview Beach. Meyer stated there is a possible date for a structure City of Mound Advisory Park and Open Space Commission May 8, 1997 Page 3 Weycker stated many groups are interested in adopting a park. Casey stated the Adopt a Green Space program should also include the ability to adopt a park. Botko showed an example of parks and recreation which is distributed by the City of Savage. Commissioners discussed the Adopt a Green Space program. Pederson suggested everyone determine creative ways to market the program. Weycker asked if this could be added to the city newsletter. Fackler stated it could be done. It will be going out in June. Motion by Casey, and seconded by Botko to ask staff to include in the next newsletter an article inviting people to volunteer to adopt green spaces. Motion carried unanimously. Pederson suggested an information box be attached to an existing post which would include the Adopt a Green Space form. Weycker stated a situation where a ball diamond was upgraded could have been less traumatic if a flyer had been posted at the park. Fackler stated it would be helpful to have a contact person listed as well. Weycker suggested they contact the City to find out who the park partner is. She stated there needs to be a procedure for notifying residents of what is going on in the parks. Fackler stated it should be kept in mind how many times something like this would be used. It shouldn't be used as a bulletin board. Weycker stated existing posts should be used. Commissioners will look at the current signs to see if there is space available. DISCUSS SKATING RINK Meyer stated there is a specific site, and there is an interest in a future joint powers agreement with the school district. He believed the agreement could be executed even though a site hasn't been selected. Pederson asked how soon a site would be selected. Meyer noted it is on school property. Motion by Meyer, and seconded by Casey to recommend the City, School district and hockey association, and Mound arena execute the joint powers agreement subject to a site selection. Discussion of Motion: Meyer discussed the joint powers agreement and who would be responsible for upkeep, maintenance and staffing. He discussed possible site locations. He believed major items can be agreed on. Fackler stated a fifth group might need to be involved if the determination is made the rink will be where the Babe Ruth teams play. Commissioners discussed the site location. Casey suggested Meyer draw up a list of the items each party has agreed on. Fackler stated it will be part of the agreement of the joint powers and is not something the Park Commission needs to discuss. Weycker asked when the work for preparing the site would need to be done. Meyer stated probably in late October. Commissioners discussed the motion. Motion carried unanimously. DISCUSS JUNE AGENDA City of Mound Advisory Park and Open Space Commission May 8, 1997 Page 4 Faclder stated an updated calendar will be provided. CITY COUNCIL REPRESENTATIVE'S REPORT Weycker stated she received a phone call from Pilgrim Park neighbors regarding the speed limit in the area. The resident was also concerned about the use of the park for uses other than what should be allowed. Commissioners discussed park uses. Weycker discussed the importance of notifying people when changes will be made in a park. Commissioners discussed the Seton park dedication. Motion by Casey, and seconded by Pederson to recommend the City Council obtain a certified appraisal to determine the fair market value to determine the park dedication and apply the 10%. Commissioners discussed the motion. Motion carried unanimously. Casey suggested park acquisition be added to the June agenda. PARK DIRECTOR'S REPORT Fackler stated there are two seasonal full-time staff members checking all playgrounds. The cemetery is being maintained. The Bluff Parks and Depot projects should be completed within a week. A fence has been installed around the cemetery. Two mowers will be starting soon. Meyer asked if the sand from Crescent Park can be moved to a clean fill area. Fackler stated there isn't that much sand out there. Weycker asked if it would be possible to put black dirt in Crescent Park. Fackler stated surveying would have to be done before fill can be added. Pederson asked if the improvements for Sorbo Park have been decided. Fackler stated the dedication will be sometime in August. He is working on estimates of costs for improvements. Pederson asked if there is any way the pea gravel can be kept off the basketball court. The swingset also comes loose at the apex. Weycker suggested letting the residents in the Avon Park and Crescent Park areas know we are coming to tour the parks. Fackler suggested viewing the parks and putting it on the agenda for review at a future meeting with the interested residents. Pederson stated she would like the satellites serviced right before the Fourth of July. Fackler discussed the service scheduling. Motion by Meyer, seconded by Botko to adjourn the Park and Open Space City of Mound Advisory Park and Open Space Commission May 8, 1997 Page 5 Commission Meeting at 9:19 p.m. Motion carried unanimously. DOCK & COMMONS COMMISSION MINUTES OF A MEETING APRIL 3, 1997 Present were: Commissioners Frank Ahrens, Jim Funk, Mark Goldberg, Dennis Hopkins, and Gordy Tulberg. Also present were City Manager Ed Shukle, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. Mayor Bob Polston was absent and excused. Citizens present: Councilmember Leah Weycker and Mike Aspelin. INTRODUCTIONS & REVIEW OF ORDINANCE CREATING THE DOCK & COMMONS ADVISORY COMMISSION City Manager, Ed Shukle, welcomed the new Commission members and explained that this is the first meeting and its purpose is to get organized and to get a calendar established. Shulde noted that staff neglected to put the Encroachment Policy on the agenda and asked if the Commission wanted to discuss it. Shukle briefly reviewed the ordinance adopted by the Council that created the Dock and Commons Commission and the terms that were designated for the members. Shukle reviewed the procedure used when terms expire and how Commission members get reappointed. Shukle suggested the Commission come up with one standard day per month for their meetings so they have a consistent schedule. Ahrens commented that they need to have at least one meeting a month, and asked if they can also establish one work session per month? Shukle noted that they need to consider staff and meeting space, and he noted that because they are now a formal advisory commission they need somebody to take minutes at their meetings. They discussed the issue of having council members attending their meetings and receiving input from them and the possibilities of violating open meeting laws. Shukle noted that if more than two councilmembers are present, in addition to Mayor Polston who is on the Commission, it would violate the open meeting law. He also suggested that a councilmember could attend the meetings but that they should not participate in discussions. ELECTION OF CHAIR & VICE CHAIR Tulberg nominated Mark Goldberg for Chair. Ahrens nominated Gordy Tulberg as Vice Chair. There being no further nominations, Ahrens moved to elect Goldberg as Chair and Tulberg and Vice Chair. Funk seconded the motion. Motion carried unanimously. Dock & Commons Commission Minutes April 3, 1997 ESTABLISH REGULAR MEETING SCHEDULE MOTION made by Tulberg to schedule the regular Dock and Commons Commission meetings on the third Thursday of each month, at 7:30 p.m. Ahrens seconded the motion. Carried unanimously. Ahrens asked about the possibility of regularly scheduled workshops. Hopkins and Funk stated that they both prefer to meet only once per month. Goldberg suggested that they may need a couple of work sessions for the first couple of months to get organized. MOTION by Funk, seconded by Hopkins, that the Dock and Commons Commission not schedule regular work sessions. Motion carried unanimously. Ahrens asked staff to review the proposed agenda calendar. Jim Fackler, Parks Director, reviewed the proposed agenda calendar on page 3 of their packet. He noted that the dates of the Dock Application Forms and Dock Fees should reflect 1998, not 1997. Fackler briefly reviewed the procedure for annual review of the Dock Location Map. Fackler suggested that in May they review the procedure manual as it relates to the processing of public land permits, then in June they will bring the first batch of permits to the Commission. Fackler noted that there are some permits that require renewal. Fackler confirmed that the permits that will be brought to the Commission for review will not include encroachments such as boathouses or decks until the Encroachment Policy is reviewed by the Dock and Commons Commission and acted on by the Council. Ahrens confirmed that the Encroachment Policy has been referred back to them for review by the Council, and encroachments such as boathouses and decks need to be addressed. Goldberg asked the Commission what issues they need to review. Goldberg summarized the projects/issues on the table: 2. 3. 4. 5. Encroachment Policy Woodland Point Mediation Pembroke Multiple Dock (address problems from last year) New Multiple Dock (location and timeline for installation) Fishing piers Ahrens asked if there is money budgeted for a new multiple dock in 1997. Fackler confirmed that about $30,000 is budgeted. Dock & Commons Commission Minutes April 3, 1997 Ahrens noted that the implementation steps for new multiple docks as developed by the Commons Task Force was to continue in the Devon area; he suggested they look at the Amhurst and Devon area as potential sites. Goldberg suggested they first review the process for implementing a new multiple dock, rather than the location. Ahrens noted, if they want to get a dock in for this summer, they don't have much time. Funk suggested they resolve the problems with the Pembroke Multiple Dock before they discuss the implementation of a new multiple dock. Goldberg suggested they discuss Woodland Point since people were present specifically for that issue. Fackler referred the agenda and explained that the Commission should be addressing items "5. Review Agenda Calendar" and "6. Proposed Work Rules" prior to discussing Woodland Point which is number 7. on the agenda. WORK RULES MOTION made by Tulberg, seconded by Ahrens, to adopt the Work Rules as written. Motion carried unanimously. WOODLAND POINT MEDIATION Shukle noted that this item was placed on the agenda at the request of the Mayor. Goldberg recalled that a mediation agreement was drafted, but that it did not happen, and that they will need to review the mediation conclusion and determine if it can be put back together and implemented before docks are put back in this Spring. Goldberg suggested that they need someone to outline the key legal issues relating to the Woodland Point mediation. Ahrens asked how much the Commission needs to get involved with this issue. Fackler confirmed that the City is not in control of this area, other than two docks, one of which is located at the end of Woodland Road. Shukle stated that he was involved with the mediation group as a representative of the City. He reviewed that the reason they set up mediation was because there was an argument on what the legal determination was. In the Fall of 1995 a decision from the Examiner of Titles was supported by a District Judge, and at the time the Council decided not to appeal the ruling and decided to try and resolve issues without further litigation. A mediator was provided for by the State of Minnesota at no charge. A mediation agreement was developed but did not get signed by all, so the mediation agreement came to the Council. At that time, those who wanted docks in Woodland Point had docks, and so it was decided to re-evaluate the agreement at the end of the docking season. Mayor Polston suggested the issue be on the agenda, and Shukle is not sure what he planned to do with it. Shukle offered to put a memorandum together which clarifies the history and current status of the Woodland Point mediation. 3 Dock & Commons Commission Minutes April 3, 1997 Mike Aspelin, resident in Woodland Point, stated that what fell apart after the mediation was that City Attorney, John Dean determined that the City could not legally implement the mediation agreement with what was happening with the lawsuit, and the City was afraid to enforce laws for fear of additional lawsuits. Until more litigation actually changes, not much can happen. He stated that it sounds like in June they may have to pull their docks. Shukle stated that there was not 100% participation from the neighborhood and an association never got formed. Goldberg noted that even though the City has no jurisdiction over that commons, the City will probably be the party that will be in the middle of the abutters and nonabutters to solve the mediation issue, but feels that the City will need to be invited to do so. Aspelin stated that they are having an informational meeting about the lawsuit and the City has been invited. Aspelin reviewed that the upcoming lawsuit is actually a request for a judgment that people have the right to have a dock and to fish from the commons. Goldberg suggested the Commission receive an outline from staff of the judgments and problems, and determine the key issues on the table and the next steps. Fackler handed out copies of the mediation agreement to the Commission members. Tulberg asked if staff can have this information ready for their next meeting on April 17. Shukle indicated that he will try. AGENDA CALENDAR The following items were added to the agenda calendar for discussion on April 17. 1. Woodland Point Mediation. As discussed earlier. Pembroke Multiple Dock. Staff is to bring reconfigurafion options to the meeting showing ways to help alleviate the problem of the two inside slips which became unusable last year due to low water without going too far into Rod Plaza's area. Staff is also to provide for the Commission a list of dock applicants for the multiple dock and the number of boats each has applied for. As suggested by the Parks Director, it was decided that the Dock Inspector, Tom McCaffrey, should call each site holder to find out their intentions for the number of boats they plan to have for the season. The Commission is to also discuss how they can change the program for next year to make it clear to the dock holders that they cannot add boats during mid-season so they will know how many boats they need to make accommodations for at the beginning of the season. Ahrens noted that it is their long term goal to allow only one slip per person at the multiple docks. Hopkins feels it is important to keep multiple slip holders apprised of any changes in the program. The option of reconfiguring the dock to go in front of the swim area was discussed. Fackler noted that the boat launch/winter access area at Dock & Commons Commission Minutes April 3, 1997 Pembroke is closed from June 1 to September 15 of each year, so during that time it is used as a swimming beach. Ahrens commented that it has been suggested that by having the dock in front of the swimming area, it would provide safety because boats could not enter the swimming area. Goldberg commented that this is a transitional year and a configuration will need to be chosen for this year and they will have to work on the program for next year. New Multiple Dock. Ahrens agreed they need to solve issues with the Pembroke dock before they develop a new dock. Ahrens, however, suggested the Amhurst or Devon area as potential sites. Fackler commented that the implementation steps outlined in the Multiple Dock Policy will need to be followed when choosing a location. Fackler also noted that in addition to the locations suggested by Ahrens, he has received outside requests from individuals for multiple docks to be installed at Twin Park and at the end of Fairview Lane. Goldberg asked that staff bring ideas of areas to the next meeting. Encroachment Policy. Ahrens noted that items have been put on hold pending the proposed encroachment policy. It was decided that Goldberg would bring a list of items that they need further research on for review at their next meeting. Goldberg foresees the Commission requesting legal research on some issues relating to this policy. Goldberg noted that this item was last discussed at a COW meeting. The secretary is to get the Commission a copy of those minutes. The Commission agreed that they would like to have this policy ready to be forwarded onto the Council by August. It was determined that Fishing Piers would be discussed in July. ADJOURNMENT Motion by Ahrens, seconded by Tulberg to adjourn the Dock & Commons Commission Meeting at 9:16 p.m. Motion carried unanimously. Bock & Commons Advisory Commission Minutes PEMBROKE M'U-LTIPLE DOCK SITE April 17, 1997 Ahrens reviewed a proposed motion which was handed out to the commission that he had prepared prior to the meeting. The Commission discussed the fact that there are seven dock holders, and two of them were permitted to move to this multiple slip dock with two boats because it was a pilot program at that time. Ahrens explained that this motion will help them reduce the number of boats at this dock to one boat per person. Ahrens emphasized that last year only seven boats were actually moored at the dock. Hopkins referred to the Multiple-slip Dock Program and noted that it says that they will give up their extra boats. Goldberg noted that the program was implemented after the pilot program was put in place so they are not bound to the program rules. It was discussed whether it is too late to implement Ahrens' proposed motion for 1997. The different dock configurations were reviewed. Ahrens commented that he is opposed to expanding the dock into Rod Plaza's area. It was noted that two of the dock holders are not within walking distance of the dock. Faclder commented that this commons is not a dedicated commons, and you cannot regulate who gets a dock where. MOTION made by Ahrens to recommend to the City Council the following changes in the multiple-slip dock system for the Devon Commons at the Pembroke access for the 1997 boating season: " WHEREAS, the city council has approved on January 28, 1997 the "IVlultiple-slip Dock Program" as outlined in Dock & Commons Commission manual under the section entitled "Multiple Docks." WHEREAS, the city council has approved making the Pembroke multiple-slip dock a permanent program with a suggested long-term goal to reduce the dock size to a minimum of seven twenty-four foot dock slips. WHEREAS, the dock configuration needs to be modified to improve the accessibility of the three inside dock slips. The Conunission recognizes that the water depth for the inside dock slips were too shallow latter in the 1996 boating season and maneuvering the boat into the dock slips was difficult. WHEREAS, the multiple-slip docks are intended to be a small neighborhood dock system for individuaLs within walking distance of their homes. NOW, THEREFORE, the Dock and Commons Commission recommends to the City Council on April 17, 1997 that the multiple-slip dock at the Pembroke access on the Devon Commons be modified for the 1997 boating season with the inside slips (F, G, and I-I) being placed in the manner as displayed on Exhibit A. The docks should be configured in such a manner as to minimize the impact on the butting property owners at this access. Dock & Commons Advisory Commission Minutes April 17, 1997 Therefore, each individual dock site permit holder will be assigned one boat slip within the multiple-slip dock system at Pembroke access. Dock holders will be assigned a boat slip for the 1997 boating season based on the actual number of slips that were required to moor boats for the 1996 season. No additional boats may be added during the 1997 boating season. Non-abutting dock holders with more than one boat will be assigned an additional dock slip (A or J) for their second boat for 1997 boating season. The Commission's goal is to reduce the number of boat slips to one boat slip per dock site holder. Therefore, as dock site holders reduce the number of boats of record on their dock application to one boat, they may not increase that number after that point. Current dock site holders with only one boat may not increase the number of boats registered in the city dock program. Non-abutter dock holders within the multiple-slip dock system should be within walking distance of their homes. Dock site holders outside of the immediate neighborhood should be moved to another commons for the 1998 boating season. At the point that Craig Watson registers only two boats on his dock application, the Commi~ion recommends that Mr. Watson be assigned to the multiple-slip dock at Pembroke. This is providing that there are available dock slips within the Pembroke multiple-slip dock. His individual dock site would no longer be used as a dock location." MOTION seconded by Tulberg. Funk commented that he prefers dock configuration Option #2 as suggested by staff because it addresses the "low water" issue and still leaves 15 to 20 feet to Plaza's dock. Fackler commented, when Watson's dock is eliminated, everything can be moved towards the beach. Also, this proposal keeps the dock slips equal in size. Faclder emphasized the need for input from the dock holders before changes are made. Fackler confirmed that LMCD approval should not be required in this case, but any new multiple docks may need to get approval. Ahrens moved to amend the motion as follows: "Therefore, each individual dock site permit holder will be assigned one boat slip within the multiple-slip dock system at Pembroke access. Dock holders will be assigned a boat slip for the 199:78 boating season based on the actual number of slips that were required to moor boats for the 19967 season. No additional boats may be added during the 199:78 boating season." e Add: "A meeting will be held with the dock site holders to review the dock configuration options prior to May 15." Add: "If the second boat slip goes unused for one season, then that dock holder will relinquish the right to have that second slip." Dock & Commons Advisory Commission Minutes Tulberg seconded the motion to amend. April 17, 1997 Ahrens called the question. The vote to end debate carried 5 to 1 with Hopkins opposed. The MOTION as amended carried unanimously. This recommendation will be reviewed by the City Council on May 13, 1997. MOTION made by Tulberg, seconded by Ahrens to schedule a meeting with the Pembroke Multiple-slip dock holders for Saturday, April 26, 1997 at 9:30 a.m. at City Hall. Staff is to notify the dock holders as a soon as possible. Motion carried unanimously. Hopkins stated that he has to work on Saturdays and will not be able to attend the meeting. NEW MULTIPLE DOCKS Ahrens reviewed a proposed motion which was handed out to the commission that he had prepared prior to the meeting. MOTION made by Ahrens, seconded by tulberg to recommend to the city council the implementation of multiple-slip dock systems for Devon Commons at the Devon, Amhurst, and Roanoke accesses for the 1997 boating season, as follows: " WHEREAS, the City Council has approved on January 28, 1997 the "Multiple-slip Dock Program" as outlined in Dock & Commons Commi~ion manual under the section entitled "Multiple Docks." WHEREAS, one of the multiple-slip dock objectives is to improve the level of satisfaction with the conunon's dock program by reducing or eliminating the number of dock sites in front of abutter's homes. WHEREAS, The flu'st priority (based on dissatisfaction level as found in the November 8, 1995 tabulation of commons surveys) in implementing multiple-slip docks is Devon Common. WHEREAS, the Amhurst Lane, Devon Lane and Fairview Lane accesses have non- abutter dock sites located in front of abutter's homes. WHEREAS, $22,500 was budgeted in calendar year 1997 in the Dock Fund for the purchase of three multiple-slip docks for the 1997 boating season. WHEREAS, the multiple-slip docks are intended to be a small neighborhood dock system for individuals within walking distance of their homes. NOW, THEREFORE, the Dock and Commons Commission recommends to the City Council on April 17, 1997 that a multiple-slip dock be placed at the ends of fire lanes at Devon, Amhurst, and Roanoke accesses by May 23, 1997. The docks should be configured in such a manner as to minimize the impact on the abutting property owners at the subject accesses. Dock & Commons Advisor. Commission Minutes April 17, 1997 A meeting with affected abutter and non-abutter dock holders should take place by Saturday, April 26, 1997. A// affected parties should be notified in writing of the meeting. The following multiple docks will have a maximum number of boat slips not to exceed 24 feet in length and 12.5 feet in width: Devon Access Amhurst Access Roanoke Access 7 boat slips 4 boat slips 4 boat slips Therefore, each individual dock site permit holder will be assigned one boat slip within the multiple-slip dock. The boat of record on the 1997 dock application shall be the boat assigned to the boat slip. No additional boats may be added during boating season. Non-abutting dock holders with more than one boat will be able to keep an individual dock site only for 1997 boating season. They will be assigned an individual dock site at another commons for the 1998 boating season. Non-abutter dock holders within the multiple-slip dock system should be within walking distance of their homes. Dock site holders outside of the immediate neighborhood should be moved to another commons for the 1998 boating season. On a shared docks, the dock holder of record shall be the dock holder moved to the multiple-slip dock. We will attempt to accommodate the "share" at the multiple-slip dock, but not to exceed the maximum number of boat slips authorized for that multiple-slip dock." Goldberg expressed a concern that all the multiple docks that are being proposed are on Devon Common, and questioned if other areas should be considered. Goldberg questioned if they need to get approval from the council before they meet with the affected dock site holders. Ahrens commented, It was the intent that the Commission first find out if the dock holders are in favor of the change, but suggested, due to lack of dine that the Council could approve the motion subject to acceptance by the dock holders. Goldberg noted that the last three paragraphs of the motion are already addressed in the rules, and suggested that the second and third to the last paragraphs be deleted. Ahrens commented that it was the intent to follow the rules. What to do with shared docks was briefly discussed. Ahrens noted this is addressed in his motion. The Parks Director commented that he has received two requests for multiple-slip docks, one at Fairview Lane and one at Twin Park. Faclder noted that the docks at Fairview have 20 foot spacing, they are located in front of two abutting homes, and there is a total of 8 eight docks. The request for the multiple dock came from one of the abutting owners. Polston suggested they could eliminate one of the proposed Devon sites and add the Fairview site. Ahrens commented that the abutter by the Amhurst access is very unhappy and feels this area should be looked at. He also feels the Devon access needs to be looked at. MOTION made by Tulberg, seconded by Ahrens, to amend the motion, as follows: Dock & Commons Advisory Commission Minutes 1. Delete the Roanoke Access as a multiple-slip dock site, and add the Fairview Lane Access at Lake Blvd. April 17, 1997 2. Delete the second and third to last paragraphs. Amend the following: "NOW, THEREFORE, the Dock and Commons Commission recommends to the City Council on April 17, 1997 that a multiple-slip dock be placed at the ends of the f'tre lands at the Devon, Amhurst, and Roanoke Fairview by ~'~" ~ ~ ~ as soon as possible. accesses It was also recommended that this recommendation be heard by the City Council on April 22, 1997. Motion carried unanimously. PROPOSED RESOLUTION #97- RESOLUTION APPROVING THE IMPLEMENTATION OF MULTIPLE-SLIP DOCK SYSTEMS AT THE AMHURST LANE ACCESS ON DEVON COMMON, THE DEVON LANE ACCES ON DEVON COMMON, AND AT THE FAIRVIEW LANE ACCESS ON LAKE BLVD. WHEREAS, the City Council has conceptually approved on January 28, 1997 the "Multiple-slip Dock Program" as outlined in Dock & Commons Commission manual under the section entitled "Multiple Docks", and; WHEREAS, one of the multiple-slip dock objectives is to improve the level of satisfaction with the common's dock program by reducing or eliminating the number of dock sites in front of abutter's homes, and; WHEREAS, the Amhurst Lane, Devon Lane and Fairview Lane accesses have non- abutter dock sites located in front of abutter's homes, and; WHEREAS, $22,500 was budgeted in calendar year 1997 in the Dock Fund for the purchase and installation of three multiple-slip docks for the 1997 boating season, and; WHEREAS, the multiple-slip docks are intended to be a small neighborhood dock system for individuals within walking distance of their homes, and; WHEREAS, the Dock and Commons Commission unanimously recommended approval of this proposal. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound that a multiple-slip docks be placed at the ends of Amhurst Lane, Devon Lane and Fairview Lane as soon as possible, subject to the following: The docks should be configured in such a manner as to minimize the impact on the abutting property owners at the subject accesses. A meeting with affected abutter and non-abutter dock holders did take place. All affected parties were notified in writing of the meeting. o The following multiple docks will have a maximum number of boat slips not to exceed 24 feet in length and 12.5 feet in width: a. Amhurst Lane Access = 4 boat slips b. Devon Lane Access = 7 boat slips c. Fairview Lane Access = 8 boat slips Proposed Resolution New Multiple-slip Docks April 22, 1997 p. 2 Each individual dock site permit holder will be assigned one boat slip within the multiple- slip dock. The boat of record on the 1997 dock application shall be the boat assigned to the boat slip. No additional boats may be added during boating season. o On a shared docks, the dock holder of record shall be the dock holder moved to the multiple-slip dock. We will attempt to accommodate the "share" at the multiple-slip dock, but not to exceed the maximum number of boat slips authorized for that multiple- slip dock. May 9, 1997 CITY OF MOUND To: From: Re: Mayor and City Council Jim Fackler, Parks Director New Multiple Slip Docks // 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 On Saturday May 3, 1997 the Dock a and Commons Advisory Commission (DCAC) met with abutting homeowners and non-abutting dock site holders at fi.om the Fairview access to Lake Bulavard and Amhurst access to Devon Common. The discussion was the question of possible implementation of city owned multiple slip docks at those sites. Attached you will find the list of persons present at the meeting, its was noted that three individuals that were notified could not attend but would be contacted by the Dock Inspector, Tom McCaffery, for their output. The consensus fi.om the meeting was that multiple docks could be installed and that this should be done as soon as possible. There would be cooperation between abutting and non-abutting site holders to allow temporary dockage of boats at dock sites not in the location of the site for installation of the multiple slip dock. I am currently working to obtain costs, installation time and the dock design. I have provided a concept plan for each site with the desired number of slips. The Fairview site shows six slips which would accommodate one more than originally anticipated, this due to a new share person (located at 'F'). This new share is still in the application process and it could not be allowed which would eliminate one site ('F') and bring the slip count to five. If this sixth site is allowed now it could be removed at a time when a site on this dock is not renewed, then we would only use sites 'A' through 'E'. The Amhurst access would need to have five sites to accommodate all the non-abutting people at that site. The DCAC realizes that this is on a fast track process but feels there is cooperation from all those concerned that would allow this to happen yet this spring. At this time the commission is looking for council approval to allow for expenditures within the limits of the 1997 budget to purchase and install multiple slip docks at these locations. CC: Ed Schukle Tom McCaffrey DCAC prtnled on recycled paper J J, J,, ,I iii,, ~ JJJ,, Minutes - Mound City Council - April 22, 1997 1.11 RESOLUTION APPROVING THE ~MPLEMENTATION OF MULTIPLE-SLIi, DOCK SYSTEMS AT THE AMHURST LANE ACCESS ON DEVON COMMON AND AT THE FAIRVI-EW LANE ACCESS ON LAKE BLVD. The Mayor reported that the Dock & Commons Advisory Commission is recommending approval of these multiple dock systems at Amhurst Lane Access on Devon Commons, the Devon Access on Devon Common, and at the Fairview Lane Access on Lake Blvd. This was a budgeted item. The Mayor assured the Council that the Commission will be meeting with the neighborhood groups to go over the multiple dock system. They will be sending notices to all those involved. What the Dock Commission wants is authorization to proceed with holding the public hearing and if the consensus is that the neighborhood wants a multiple dock system, then they would like to go ahead and get bids or quotations for the purchase and installation of the docks. The Council asked that number 2 in the proposed resolution be changed to read as follows: A meeting with affected abutter and non-abutter dockl~lders will take place. All affected parties will be notified in writing of the meeting. Councilmember Weycker asked that the first Whereas be changed to read as follows: WHEREAS, the City Council has conceptual~_ approved on January 28, 1997, the 'Multiple-slip Dock Program' as outlined in Dock & Commons Commission manual under the section entitled Multiple Docks; and The Council did not object to this change. Councilmember Jensen voiced concern about putting docks at the ends of the streets. This could be a problem in the Woodland Point area on Wawonassa Common. She does not want to give the impression somewhere down the road that the City has abandoned the public interest in the Commons. The Mayor stated that what the Dock & Commons Commission is asking for is the authority to hold a public hearing and to expend up to that amount of money and to get bids or quotations for the multiple docks and installation. MOTION made by Ahrens, seconded by Hanus to authorize the Dock & Commons Commission to hold public hearings on the proposed multiple dock slips at Amhurst Lane Access, Devon Lane Access and Fairview Access. If it is determined that the public wants these multiple docks, the City Council will obtain bids or quotations for the purchase and installation of the docks not to exceed the budgeted amount of $22,500. I 1711. 32 PERSONS PRESENT AT M~,ETING 2. 3. 4. 5. 6. 7. 8. 9. 10. i!. 12. 13. 14. 15. 16. 17. 19. 20. 21. 22. 23. PLEASE PRINT YOUR NAME AND ADDRESS NAME ADDRESS Multiple-slip Dock Program Approved 2-28-97 p. 2of3 A significant percent of dock site holders interested in or willing to try a multiple-slip dock. 5. Existence of a logical location for a multiple-slip dock in that area: a. Convenient access. b. No undue burden on adjacent abutting homes. Implementation steps. Relocate dock holders to a commons user-fee supported and maintained multiple-slip dock. This will be accomplished by placing multiple docks at the ends of fire lanes, street ends, and other locations that are not directly in front of an abutter's property. 2. The City will be the trustee and manager of the multiple-slip dock system. Being that the Pembroke mukiple dock pilot project was a successful program in 1996, make the Pembroke multiple dock a permanent program with a suggested long-term goal maximum of seven twenty-four foot dock slips. When an indMdual dock site permit holder moves to a multiple-slip dock, that individual dock site will no longer be used as a dock location. The multiple-slip dock is to be used for ingress and egress by the dock permit holders and their guests only. This is needed for boar security and user safety for the permit holders. o Where possible, leave room for a visitor boat. Visiting would be limited to three days. Measure the outcome: Measure dock holder's satisfaction with dock program, dock spacing between docks, privacy, etc. Any time a multiple dock is pror)osed, all individuals affected will be notified in writing, of a meetino~, and if needed a notice will also be published in the paper, a public hearino, will be held. and all those affected will have the ability to vote and the majority will rule. Use Plan for Public Lands issues to review that will affect the multiple-slip dock. what is the total number of boat storage units that the system needs to and can support: ao throughout the program. In this area? Multiple-slip Dock Program Conceptually Approved by the Council on 1-28-97 Reflects Changes Recommended by Park Commission on 1-9-97 Be Ce Review of underlying objectb'es for Commons Dock Program. 1. Maintain total number of boats participating in the commons dock program. 2. Keep nonabutter boats within wal'king distance from their homes. 3. Recognize that some commons have more problems than others due to topography and/or tight quarters. 4. Work to improve abntter's "sense of privacy" without affecting nonabutters use of the lakeshore commons. Multiple-slip dock objectives. 1. To improve the level of satisfaction with the commons dock program by reducing or eliminating the number of dock sites in front of aburter's homes. 2. Reduce nonabutter cost by providing permits for boat slips that do not require them to have their own docks. 3. Improved shoreline appearance and reduced congestion. The multiple-slip dock system is to be fully funded with current Dock Fund fees. Criteria for considering an area for a multiple-slip dock. 1. High level of dissatisfaction with current commons program. Use November 8, 1995 tabulation of commons survey satisfaction levels as a basis for proceeding. First priority (based on dissatisfaction level) is Devon Commons. Shoreline dock congestion. Topography/tight quarters: Houses close to the water and/or at eye level with the water. CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com April 22, 1997 RECEIVED 2 4 Mark Hanus City of Mound 5341 Maywood Road Mound, MN 55364-1687 RE: Suburban Rate Authority Membership Dear Mark: JAMF..S M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 As you may recall, the SRA offered temporary, full participation membership to Mound last August. The City agreed to join for the nine month period ending June 30, 1997. We have appreciated your participation and membership. The SRA asks that the city of Mound evaluate continued membership for the balance of 1997 in an upcoming May or June meeting. Enclosed are materials to assist in that evaluation. Some or all of the city council will have received the enclosed information previously. Some council members, however, may need to refresh their recollection or may not have seen any information regarding the SRA. For purposes of the council's decision on continued 1997 membership please find the following: Memorandum regarding the SRA and the membership issue before the council, including a proposed resolution to continue membership. 2. 1995 and 1996 Year End Review and anticipated 1997-1998 Projects. 3. 1998 Proposed Budget and memorandum. 4. SRA accomplishments. 5. List of current SRA members - permanent and temporary. 6. Amended Joint and Cooperative Agreement. The SRA has existed and served Twin Cities suburban cities only because members have seen the value of a collective suburban voice in utility matters. The addition of Mound would enhance 2i4 14 )?17 April 22, 1997 Page 2 that voice in this time of great change in the utility area. Please pass on this information to your council prior to its decision. If you have any questions, or need any additional information, please contact me. Thank you. Very truly yours, KE~N~~RAVEN, CHARTERED James M. Strommen JMS:ckr cc: SRA Executive Committee (w/o encl.) JMS]21414 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: att3.,s@kennedy-graven.com INFORMATION ON THE SRA FOR THE CITY COUNCIL The SRA appreciates your decision to accept its offer for temporary membership through June 30, 1997. Information about the SRA is attached to this memorandum. The issue before the council is: whether the council agrees to continue as an SRA member through 1997 for a one-half year's assessment amount of $400 (cities may reevaluate membership annually); or 2. whether the council declines continued membership, ending the temporary membership July 1, 1997. If the council elects to continue as an SRA member, we suggest use of the attached Resolution. If the council decides not to continue membership, a simple letter from the city informing the SRA of the decision will be sufficient. In the event we hear nothing prior to the July 16, 1997 meeting in the City of Maplewood, we will assume the council has not acted to terminate its membership. Affirmative council action either way is preferable. Thank you for your consideration. If the council has any questions, it may call Jim Strommen at 337-9233. To assist you in your decision regarding continued membership, I would be happy to appear before the council and answer any questions you may have. SU1£§-2 RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBURBAN RATE AUTHORITY; AND DESIGNATING A REPRESENTATIVE OF THE CITY AS ITS MEMBER ON THE BOARD OF THE SUBURBAN RATE AUTHORITY WHEREAS, the City of is authorized by Minnesota Statutes, on 471.59 to enter into joint and cooperative agreements with other governmental units; and WHEREAS, the Suburban Rate Authority has been effective voice for suburban opolitan Area cities and residents, as a regulatory body from 1962 through 1974 and as an ,'enor in gas, electric and telecommunications matters from 1975 to the present; and WHEREAS, the city council has determined it is in the City's best interests to cooperate other municipalities in the monitoring of utility services in the Metropolitan Area by :ipating in the Suburban Rate Authority; and WHEREAS, SRA membership from July 1, 1997 forward includes an annual assessment 00.00 per year per 5,000 in population, or fraction thereof, pro rated in 1997; and WHEREAS, there are numerous important issues facing cities in gas, electric and )mmunications matters that require joint and cooperative efforts by and among suburban NOW, THEREFORE, BE IT RESOLVED by the City Council of esota as follows: 1. The city of :lance with the terms of the Amended will become a full member of the SRA in Joint and Cooperative Agreement. The Manager/Administrator and are authorized and directed to execute and deliver the documents and certificates necessary to effect membership in the SRA. 2. The manager/administrator is authorized and directed to contact the SRA regarding the City's decision to become a full member and to do all things necessary to effectuate that membership, including the execution of the Amended Joint and Cooperative Agreement. 3. is designated as the city's first director on the Board of Directors of the Suburban Rate Authority and alternate. 4. and mailing to the Suburban Rate Authority. Passed and adopted this ~ day of is designated as the The City Clerk is directed to prepare a certified copy of this resolution for filing , 1997. ATTEST: Mayor City Clerk JMS108341 SU160-3 SUBURB RATE AIYrHORITY ANNUAl. REVIF. W 199 The following is a brief summary intended for the city councils of Suburban Rate Authority CSRA") member cities. It highlights the major activities and achievements of the SRA during 1995. The SPA is a joint powers association of 32 Twin Cities suburban municipalities that monitors rates and rate design issues of electric, gas and telecommunications utilities. 1995 and 1996 have been extremely active and successful years for the SRA. Model Telecommunications Permit Ordinance The ~RA drafted a model telecommunications permit ordinance in conjunction with the League of Minnesota Cities to establish uniform requirements regarding important issues to cities in the new competitive telecommunications environment: permit procedure and fees, location and relocation requirements, repair requirements, performance bonds, indemnity and other provisions. The recently-enacted Federal Telecommunications Act of 1996 includes important and debated language regarding cities' right to manage and receive compensation for use of the right-of-way. The SRA/League Model Ordinance pre-dates the Act but establishes many of the vital protection cities need when telecommunications carriers seek to expand within the City and expressly preserves rights to franchising or leasing. Minnegasco 1995 Rate Case The SRA actively intervened on behalf of ratepayers in Minnegasco's 1995 petition for a $24.3 million rate increase and a 7.7% requested increase for residential customers. The SPA, thruugh its expert witness, Robert Towers of Chesapeake Regulatory Consultants, has challenged a $1 million annual claimed ratepayer expense resulting fi'om Minnegasco's purchase of the Midwest Gas system. The SPA also argues that Minnegasco exaggerates the revenue deficiency created by the residential customer class rates and has not shown a justification for an increase in the fixed monthly residential customer charge. The ALI adopted the SRA arguments challenging the $1 million Midwest Gas acquisition adjustment that, if accepted by the PUC, will save SRA residents and businesses approximately $215,000 annually. The PUC will decide on the petition during the summer of 1996. Model Gas and Electric Franchise Ordinances Again in partnership with the League of Minnesota Cities, the SRA updated its uniform gas and electric utility franchises to assist its member cities in negotiating new franchises. Of particular interest to cities in today's changing fiscal environment is the right to charge franchise fees. In addition, electric utilities are likely to be deregulated within the next decade. Terms and conditions of franchises become increasingly important to those utilities when they perceive that franchise terms may affect competition. Electric Industry Deregulation The SRA intervened in a long-term investigation and review by the PUC of the electric utility industry. The PUC will be making a r~commendation r*~;m'dln$ if and when electric service should be deregulated for retail customers. The SRA has opposed utility company suggestions that eminent domain rights be equalized between cities and investor-owned utilities and that franchise fights be diminished. The SRA will continue to monitor the proceedings. Customer Service Task Force The SRA was invited to participate on a task force for the PUC on customer liability and service issues. The task force addressed issues on notice to customers, liability of innocent residential customers for past unpaid debts of prior customers living at the new residence and dispute resolution procedures. JMS103351 $U160-3 Minutes - Mound City Council - May 13. 1997 MINUTES - MOUND CITY COUNCIL - MAY 13, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 13, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Mark Koegler, City Engineer John Cameron, Building Official Jori Sutherland, Finance Director Gino Businaro, City Auditor Steve McDonald, Abdo, Abdo & Eick, Police Chief Len Harrell, City Clerk Fran Clark and the following interested citizens: State Representative Steve Smith, Harold Meeker, Nancy Clough, The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1.0 PROCLAMATION DECLARING MAY 18, 1997 AS HAROI,D MEEKER DAY IN STATE OF MINNESOTA AND THE CITY OF MOUND 1513-1514 1.1 PROCLAMATION DECLARING THE MONTH OF MAY 1997 AS WESTONKA SENIOR CENTER MONTH 1515-1516 Minutes - Mound City Council - May 13, 1997 APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. *CONSENT AGENDA: *A. APPROVE THE MINUTES OF THE APRIl. 22, 1997 BOARD OF REVIEW AND THE APRIl. 22, 1997 REGULAR MEETING 1517-1527 2 Minutes - Mound City Council - May 13, 1997 *B. APPROVE THE MINUTES OF THE MAY 6, 1997 BOARD OF REVIEW AND MAY 6, 1997 SPECIAL MEETING 1528-1531 *C. RESOLUTION APPROVING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RE: ALLOCATION OF FUNDS FROM WESTONKA INTERVENTION TO SOJOURNER LOCATED IN THE CITY OF MINNETONKA 1532 3 Minutes - Mound City Council - May 13, 1997 *D. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE 1997 MUNICIPAL RECYCLING GRANT AGREEMENT 1533-1542 *E. APPROVAL OF VARIOUS PERMITS 1543-1544 *F. APPROVAL OF AN ORDINANCE AMENDING SECTION 235:27, SUBD. 1 OF *G. THE CITY CODE RELATING TO RECREATIONAL FIRES 1545 PAYMENT OF BILLS 1546-1569 4 Minutes - Mound City Council - May 13, 1997 e PUBLIC HEARING: CASE //96-64 - REVISED PRELIMINARY PLAT/PDA/VARIANCES SETON BLUFF, FINE LINE DESIGN GROUP, INC., LOTS 15-32, BLOCK 11, SETON, 19-117-23 22 0036-41 & 54 1570-1631 -~:~-:~..~- V ,C...'~ Minutes - Mound City Council - May 13, 1997 7. PRESENTATION OF 1996 AUDIT - GINO BUSINARO, FINANCE DIRECTOR & STEVE MC DONALD, ABDO, ABDO AND EICK Minutes - Mound City Council - May 13, 1997 Se CASE 97-16: GARY NACHREINER, 6056 CHERRYWOOD ROAD, LOTS 6 & 7, BLOCK 9, THE HIGHI.ANDS, PID#23-117-24 34 0088, VARIANCE FOR GARAGE ADDITION (THIS ITEM WILL BE BEFORE THE PLANNING COMMISSION 5-12-97) Minutes - Mound City Council - May 13, 1997 9. REQUEST FOR FINAL PLAT APPROVAL - JOE ZYLMAN, MAPLE MANORS Minutes - Mound City Council - May 13, 1997 1664-1706 10. APPROVAL OF MULTIPLE DOCK SLIPS - AMHURST LANE ACCESS (DEVON COMMON) & FAIRVIEW LANE ACCESS 1707-1716 (Resolution to be han~ning) 11. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. Minutes - Mound City Council - May 13, 1997 12. DISCUSSION: ME.MBERS. HIP~IN THE S~BURBAN RATE AUTHORITY (SRA) 13. A. B. C. D. INFORMATION/MISCELLANEOUS: Department Head monthly reports for April, 1997. LMCD Representative's monthly report for April, 1997 Letter from Gene Peterson, 6017 Ridgewood Road Letter from Patricia Mikulski, 3015 Drury Lane 1774 1746-1771 1772 1773 10 J, J IL ,L iii, , IIJ,, Ho Jo Minutes - Mound City Council - May 13, 1997 Letter from Perry Hanson, 2459 Lost Lake Road 1776-1776 Letter from Dorene Hanson, 2459 Lost Lake Road 1777-1778 Memorandum with Attachments from Jim Strommen, Kennedy & Graven and Suburban Rate Authority Re: 612 Area Code Proposed Changes 177:91836 REMINDER: Committee of the Whole Meeting, Tuesday, May 20, 1997, 7:30 P.M. REMINDER: City Offices will be closed on Monday, May 26, 1997 in Observance of Memorial Day. REMINDER: HRA Meeting, 7:00 P.m., Tuesday, May 13, 1997, City Hall prior to Regular City Council Meeting. MOTION made by, seconded b to adjourn at P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk 11 C¥tARTERED 470 ?i~bury Center 200 Sou& Si~h S~rc:t Mimlcapolis MN 55402 (612) 337-9~00 tdcphonc (612) 337-9~10 faa c-m~: ~r~kcnn~y~mv~n-com FI o o - ,AJ JOI~N B. DE.~N Anomcy ~. Law Direct ~ (612) ~$7-92~ May 13, 1.997 Mayor and Councilmembers Mound City Council At the April 21, 1997 city council meeting, Michael Gardner appeared before the council and requested that the city daermine what its legal authority is to regulate the placement of docks on Wawonaissa Common at the end of Woodland Road. Mr. Oardner is the owner of property which abuts on the Common 'and is immediately north of Woodland Road. As a result of that request, the city council directed this office to provide it with our 'legal option on the question of whether, by virtue of the City's interest in Woodland Road, it has any special right, title or interest in the portion of Wawonaissa Conmaon located at the end of the road. The primary decision in the FI.ack case was that Wawonaissa Common (at least the areas in front of the PlaintifFs properties) was no_._~t dedicated to the public; and consequently, the city' had no authority to re,late that common as public property. Ia~ the referee's memorandum in the Flack case, the following observation was made: "While it is true that the suggested conclusions of law would confm'n that the plaintiffs are the fee owners of their segments of Wawonaissa Common, these segments would continue to be subject to the interests of the owners or all of the other lots in Woodland Pohat which were created by the dedication of the common to them in the plat The nature of this interest, almost assuredly that of an easement-..." In order to conclude that the ~,4ty had a special interest in the area of Wawonaissa Common at the end of the Woodland Road, one would need to assume that the city's ownership interest in the road is similar to the ownership interest w. hich the abutting property owners have in their individual lots. This is not the case. The abutters own their lots in fee while the city's interest in the roadway is, at best, an 'easement, with the underlying fee probably held by the owners of the lot* abutting the road. Based upon our review of the Flack case, and the applicable law, we conclude that the city's interest in the street does not create any special interest in the city over that portion of the common lying at the end of the street. ~U200-1 May 13, 1997 Page Two Consequendy, absent the consent of the other owners of land in the plat on Woodland Point, the city has no more authorky over the placement of docks at the end of Woodland Road or at any othe~ location on Wawonaissa Common than does any other owne~ of land in the subdivision. This opinion does not seek to resolve the further question concerning the various fights of the owners of la~d in Woodlake Point to the Common. Those issues will probably require judicial determination- IBD:ds SinceI% ~ M1~200-1 SUBURBAN RATE AUTHORITY ANNUAL REVIEW 1996 The following is a brief summary intended for the city councils of Suburban Rate Authority CSRA") member cities. It highlights the major activities and achievements of the SRA during 1996. The SPA is a joint powers association consisting of 47 Twin Cities suburban municipalities (15 new members) that monitors rates and rate design issues of electric, gas and telecommunications utilities. 1996 was a very active and successful year for the SRA both in the traditional rate regulation (Minnegasco) and in the newly developing wired and wireless telecommunications issues. Minnegasco Rate Case In 1995-1996, Minnegasco petitioned the PUC for an increase in its rates for gas service of 24.3 million dollars annually, and a 7.7% increase for residential customers. The SRA, through its expert witness, Robert Towers of Chesapeake Regulatory Consultants, actively opposed a one million dollar annual claimed ratepayer e~ense resulting from Minnegasco's purchase of the Midwest Gas system. The SRA also argued that the revenue deficiency from the residential customer class alleged by Minnegasco was exaggerated and that Minnegasco's requested increase in the fixed monthly residential customer charge from $5 to $6.75 was unwarranted. The SRA had successfully challenged the customer charge in the 1993 Minnegasco case. The SRA's arguments were successful in each of the areas challenged, either alone or with complementary arguments from the Department of Public Service or the Office of the Attorney General. The PUC rejected the one million dollar annual expense item, allowed a revenue increase of under twelve million dollars a year (2.3% for residential customers), and maintained the customer charge at the current level. As a result of these decisions, we estimate that SRA residents and businesses will save a total of approximately $215.000 per year. Telecommunications The SPA actively assisted the League of Minnesota Cities and other municipal groups in opposing attempts by US West to seek court and PUC orders reducing or eliminating much of the right-of-way authority, cities believe they have and need over telephone companies. The federal Telecommunications Act of 1996 has ushered in a new paradigm of telecommunication competition and resulting demands on right-of-way use. Municipal efforts were successful before the PUC and district court, but were reversed by the Minnesota court of appeals. Throughout 1996 and into 1997 the SPA, and other municipal groups will seek to establish laws that will allow cities to protect their rights-of-way, public safety and avoid a taxpayer's subsidy of telecommunications carriers. The SPA also contributed substantially to the preparation of the League of Cities Model Wireless Telecommunication Water Tower Antenna Site Lease Agreement. This agreement has been used as a basis for many water tower leases between cities and wireless service providers. Model Gas and Electric Franchise Ordinances The SRA provided its model to the League of Cities resulting in an updated model gas and electric franchise. With the advent of electric deregulation and existing partial gas deregulation, the terms and conditions of franchises between cities and the utility providers becomes an even more important issue. Franchise rights of cities regarding gas and electric may be as significant an issue in coming years, as it currently is regarding telecommunications. Electric Industry Deregulation The SPA has monitored the developments in deregulation of the electric industry in Minnesota. Though not actively involved in the investigation undertaken by the PUC, the SRA has positioned itself to inform SRA cities of new issues, including benefits available to them when deregulation is instituted. The PUC and the legislature has decided to move deliberately on deregulation in part because of the many important issues facing regulators (and cities) in the event of deregulation, including: universal service, franchise issues, equal competition, stranded investment and continued assurance of reliable service. 1997-98 SRA PROJECTS & ANTICIPATED PROJECTS To assist in the 1998 SRA Budget review process, the following information describes issues the SRA is currently addressing and those in which we believe the SRA will be involved to protect SRA residential, business, and city government ratepayers. Given the many important issues, it is possible the SRA will be required to focus on two or three of these issues to stay within its budget constraints. 1. CITY RIGHT-OF-WAY MANAGEMENT. One of the significant issues of the 1997 legislative session is the issue of city right-of-way management and telecommunication carriers. There are three bills presently before the relevant committees in the House and Senate. The SRA has assisted ila the formulation of policy and legislation. The SRA has also participated in meetings between and among municipal groups, industry representatives and state regulators regarding the right-of-way issues of management cost recovery and franchise rights. It is likely legislation will be passed in this session, perhaps to be followed by study and revisions in 1998. 2. GEOGRAPHIC DEAVERAGING OF TELEPHONE RATES. A very important post- Telecommunication Act cost proceeding has recently been commenced and will mn through 1997. It involves a cost determination of rates to be paid by competitors to US West (and other local telephone providers) for its facilities, includine costs as they vary bv eeographic location. This implicates the issue the SRA successfully fought through the 1980s - the elimination of a tiered system of rates in the Twin Cities Metro area causing suburban ratepayers to pay higher rates than urban ratepayers. The Telecommunications Act requires interconnection between incumbent local exchange carriers (like US West) and competitors (like AT&T, Sprint, MCI). It also recognizes that costs may vary depending on the location of the customer. Urban customers generally cost less to serve than rural customers. Under monopoly regulation, costs of serving urban and rural customers has been "averaged" to keep rural (and less developed suburban area) rates Iow. This cost proceeding will run through December 1997 and is perhaps the most important rate proceeding for Twin Cities suburban customers, particularly in the US West service area, for many years. 3. CITY TOWER CITING ORDINANCES AND LEASES. The SRA continues to take an active role in reviewing the development of leases for water tower antenna and sites for wireless telecommunications providers. It is also assisting in the preparation of model zoning ordinances for cities. 4. ELECTRIC INDUSTRY DEREGULATION. The SRA continues to monitor developments in electric industry deregulation. As large customers, cities stand in a unique position to benefit from deregulation, while at the same time needing to ensure that their residents are protected from being excluded from the benefits of competition. 5. BUSINESS-RESIDENTIALTELEPHONE RATE "REBALANCING". It is possible that US West will petition in 1997 for a reduction in the business rate ratio, increasing residential rates. The PUC has required that telephone rates for business bear a 3 to 1 ratio to residential rates. US West and other local exchange carriers, have indicated that they intend to seek a "rebalance" of this ratio. 1998 SUBURBAN RATE AUTHORITY PROPOSED BUDGET 1997 Assets: Cash and Investments (12/31/96) Membership Assessments~ TOTAL Anticipated 1997 Expenses: US West Cost Investigation Right-of-way Legislation PUC Right-of-way Construction Standards Proceeding Wireless Communication Lease and Zoning Issues Electric-Gas Issues General (fees and disbursements) TOTAL Reserve at December 31, 1997: 1998 Assets: Carryover from 1997 Membership Assessment" TOTAL Anticipated 1998 Expenses: Right-of-way Issues (Legislation-Construction Standards proceeding) US West Cost Investigation Universal Service Proceeding (Retail phone rates) Wireless Communication Lease and Zoning Electric-Gas Issues General Matters (fees and disbursements) Reserve at December 31, 1998: $ 9,638 75,200 $40,000 6,000 5,000 4,000 2,000 17.000 $10,838 85,200 $15,000 10,000 30,000 2,000 6,000 17,000 $84.838 ($74.00Q) $10.838 $96.038 ($80,000) $16.038 ~This is calculated at $400 per vote established in 1995 (for every 5,000 in population or fraction thereof, see attached). This calculation is based on full year assessments from SRA ongoing members (33, totalling 163 votes) and a one-half year assessment from the new members (14, totalling 50 votes). The 1997 and 1998 assessments may be lower depending on the number of new members who choose to remain in the SRA. 2This number is based on full assessment of 47 members. JM8120180 SU160-3 ..NEW MEMBER VOTES/ASSESSMENT~ City of Spring Lake Park City of Mound City of Rosemount City of Lakeland City of Maple Grove City of Medina City of Apple Valley City of Birchwood City of Blaine City of Champlin City of Golden Valley City of Hilltop City of Jordan City of Lake Elmo 2 2 3 1 9 1 9 1 9 4 5 1 1 2 50 votes x $400 (per vote) $20,000 .. .5 (one-half year) $10,000 (total one-half year assessments) EXISTING MEMBER VOTES 163 x $400 $65,20O votes (per vote) (total year assessment) ,7MS120226 MEMORANDUM MEMO # 3 TO: FROM: DATE: RE: SRA Directors and Alternates James M. Strommen, Kennedy & Graven April 4, 1997 1998 PROPOSED BUDGET PROPOSED BUDGET Attached is the proposed budget for 1998. For the benefit of the new members, this is a process that is undertaken annually beginning with the April meeting. The procedure is as follows: The proposed 1998 budget is discussed by the board and recommended as is or as modified for approval by each member prior to the July meeting. 2. At the July meeting, a final budget for 1998 is adopted. Between the April and July meetings, the SPcA delegates are requested to present this budget to their respective cities for review. Formal action by each SPA member city council is not necessary, however, to approve the budget in July. If concerns are to be expressed regarding the allocation of resources, the process between the April and July meetings affords that opportunity. NEW ME~ERS The new members are not obligated to remain SRA members past June 30, 1997. If the new members choose to remain, they will stay as assessed members (second half of 1997). The proposed budget includes full participation by the new members as well as existing members. To the extent new members withdraw, the budget amount would be reduced. We believe that the variety of issues in right-of-way use, telephone cost by suburban location and electric-gas deregulation create issues of high interest to individual cities. The SRA can provide valuable assistance to individual cities on all of these issues and others. UPCOMING ISSUES The dollar estimates across from each item in the proposed budget is a best estimate regarding anticipated projects. The following is a brief summary of each item and estimate. JMS120370 $U160-3 U.S. West Cost Investiqation. As described in the previous memorandum, this proceeding will establish costs that will be used as a basis for the future retail telephone rates of residents and businesses throughout the SRA membership area. We have received two boxes of testimony and computer software to date. Even monitoring these issues, with expert consultation, will be a costly proceeding. Without monitoring and expert analysis, the SRA will not have a meaningful role in the subsequent Universal Service Proceeding, expected to begin in late 1997 or early 1998. o Riqht of Way Leqislation. The SRA has monitored developed of the legislation and assisted the League in legal and policy issues underlying the League's bill. As a result of this direct involvement, the SRA cities will be a better position to understand the legislation and avoid litigation over ordinances they adopt. o PUC Riqht of Way Construction Standards Proceeding. This is a proceeding that will be commenced this year regarding construction standards that will be adopted statewide. The extent of SRA participation is yet to be determined. This proceeding will arise out of the ROW legislation and directly affect each SRA city. .. Wireless Communication Lease and Zoninq Issues. The SRA is in a position to address lease and zoning issues as they arise. This is a more speculative cost that may not result, however. Electric-Gas Issues. The SRA is only monitoring matters relating to electric and gas deregulation at this point. We will advise the SRA if the need for any action becomes necessary. o General. This has been a constant amount throughout recent years. We are attempting to reduce copying costs, particularly with the increased membership. 1998 MATTERS Note the continuation of the same issues described for 1997. The notable addition is a Universal Service Proceeding that will be commenced by the PUC sometime in late 1997 or early 1998. This will be a very important proceeding because it will address issues of geographic deaveraging in retail rates. JMS:ckr JMS120370 $u~60-3 2 CHARTERED 470 Pillsbury Center 200 South S'ixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: arrys@kennedy-graven.com SUBURBAN RATE AUTHORITY INTRODUCTION This summary is intended to describe the history, purposes and accomplishments of the Sdburban Rate Authority ("SRA"). The SRA is a joint powers organization consisting of 47 suburban cities (list of cities attached) that actively intervenes in matters affecting gas, electric, and telephone rates charged to suburban residents and businesses. The material below attempts to demonstrate the tangible savings achieved by the SRA. Though actual dollar savings are often difficult to calculate, the SRA has saved residents and businesses of Twin City suburban communities millions of dollars over the last 20 years. A conservative calculation reflects a $200,000 per SRA member vote savings since 1975. HISTORY AND PURPOSES The SRA was organized in 1963, for the purpose of providing collective strength in negotiating franchises' with the Minneapolis Gas Company, which served the original SRA members. In 1974, the legislature adopted the Public Utilities Act to provide for state regulation of gas and electric utilities, except for cooperative electric associations and municipal utilities. SRA assisted the state in setting up regulation and intervened in the early gas and electric cases with the hope of providing leadership and direction in utility regulation. Since that time, it has been active in matters concerning gas, electric and telephone rate regulation and in legislation concerning the Public Utilities Commission ("PUC"). 1996 1996 1996 RECENT INVOLVEMENT Model Wireless Communication Lease Agreement. The SRA provided primary drafting contributions to a League of Minnesota Cities Model Site Lease Agreement for PCS/cellular communication antennas. This Model has been distributed to Minnesota cities for use in negotiation on site lease agreements. US West Right-of-Way Challenge. A significant legal challenge to municipal authority over rights-of-way was brought by US West to the PUC and the district court. The SRA took an active position in support of the League and the other cities involved directly in the challenge. This issue will be the subject of legislation in the 1997 Minnesota legislative session. Minnegasco Case. The SRA and the Department Public Service successfully argued against a $1 million annual acquisition adjustment (23 years of recovery requested) ._ 1995 1995 1995 1993 1992 1992 Minnegasco sought to recover from ratepayers for its acquisition of Midwest Gas. In addition, the SRA criticized the allocation of Minnegasco to residential customers and the Commission ultimately denied Minnegasco's proposed change, saving residential customers money. The residential basic service charge also remained at the same level ($5 per month) as supported by the SRA. Updated Model Gas and Electric Utility Franchises. The SRA and the League drafted model utility franchise ordinances. The increasing deregulation in both the electric and gas utility industries necessitated revisions to the previous model franchise ordinances approved by the SRA. Minnegasco Fixed Residential Customer Charge. The PUC denied Minnegasco's request for an increase in the residential customer fixed monthly gas charge from $5 to $6 per month. The SRA was the sole party to argue that Minnegasco must make a greater showing to justify requested and intended increases in the fixed, non-usage based monthly charge. The requested increase was made without a showing that statutorily required conservation policies would not be inhibited. Model Telecommunications Permit Ordinance. The SRA prepared and shared its Model Telecommunications Permit Ordinance with the League of Minnesota Cities. In collaboration, the SRA and the League distributed the ordinance to all Minnesota cities. The purpose of the ordinance is to provide orderly police power regulations over telecommunications companies in the city. This ordinance will be reviewed in light of the 1996 Telecommunications Act and legal developments resulting from it. Minnegasco and NSP Rate Cases-FAS 106. The SRA played a substantial role in one of the major issues to be raised before the Minnesota PUC in several years--FAS 106. A post retirement medical health care benefits "transition obligation" was sought by Minnegasco and NSP as a result of the accounting standard known as FAS 106 which required a change from cash basis to accrual accounting for such benefits. This change involves millions of dollars (Minnegasco $24 million: NSP $160 million) to be borne currently either by the utility shareholders or utility ratepayers. The PUC originally voted in May 1993 to disallow one-half of Minnegasco's transition obligation, but ultimately reversed its decision and allowed those expenses. These expenses will be spread out over a twenty year period in rates. This issue is an example of the millions of dollars at stake in utility rates the SPA fights to limit for ratepayers. US West Telephone Rate Savings. As of November 1, 1992, residential and business telephone rates for US West Twin City local calling area became equal by class of service throughout the metropolitan area. This PUC action eliminated the tiered telephone rates that was in existence since 1980. The US West Tier System charged higher rates for residential and business customers living in the suburban areas. In 1984 the SPA achieved a reduction of one half of the tier ratios. This elimination of the Tier System is a direct result of SRA's intervention and arguments against differentiating telephone rates by geographic location. Municipal Pumping Rate Savings. Together with the City of St. Paul and the Municipal Pumpers Association, SPA efforts have consistently maintained pumping class rates at 2- 1991 1940 1987 1986 1985 1985 3% below general service class and have continued the municipal pumping exemption from the eleven-month demand ratchet rate imposed on commercial-industrial users. The SRA's expert consultant has estimated that avoiding the eleven-month demand ratchet charge alone saves 7.5-10% in annual municipal pumping charges paid to NSP. NSP General Rate Filing. The SRA actively intervened in this NSP filing, wherein the PUC rejected NSP's $120,000,000 rate increase request. The SRA focused on the municipal pumpers' rate and street lighting. The SRA is traditionally the only intervenor seeking reduced increases in the municipal pumping rate and has seen consistent success in that effort. US West Incentive Regulation Plan. We actively intervened in the case involving US West's request to be partially deregulated in its local service to residential and business customers. The final order established stable rates for Twin City local telephone customers of US West through August of 1994. US West will share 50% of its revenues above a 13.5% return on equity. Northwestern Bell Extended Area Service Docket. The SRA made significant progress in demonstrating cost in equities in the Twin City Metropolitan Area Northwestern Bell service area. SRA participation in this case helped lay the ground work for the order abandoning the Tier System. Redeliberation on Northwestern Bell Cases. The SRA obtained very substantial reductions in the Tier System ratios. These changes resulted in very significant savings in telephone rates for most SRA business and residential users prior to the elimination of this rate design in 1992. Rate Structure Task Force. The SRA was active in the formulation of funding proposals for the Combined Sewer Overflow ("CSO") projects in the Cities of Minneapolis, St. Paul and South St. Paul. SRA involvement may have limited the pass-through of these costs to member communities. Northern States Power General Rate Case. The SRA "pioneered" an issue as to fossil fuel inventory. The SRA also helped maintain the municipal pumping rate, and defended prior SPA accomplishments as to accounting practices. Very substantial savings were realized through SRA intervention. This case was appealed to the Court of Appeals and the State Supreme Court and the SRA (alone) participated with MPUC in successfully defending MPUC's action. ESTIMATED DOLLAR SAVINGS FROM SRA EFFORTS These are rough calculations made with the assistance of legal counsel and SRA expert consultants. In an effort to be able to contrast savings with assessments, the calculations are made on a per SRA member vote basis (5,000 of population). They attempt to distinguish savings resulting primarily from SRA efforts and savings that likely would have resulted anyway due to positions taken by state agencies. 1975 NSP. SRA's retained expert estimated $18 to $20 per household. Using 3.4 persons per household, this would be approximately $26,500 per vote. The figure does not include business savings. 1977 NSP. There is no estimate of dollar savings in the file. The 1975 principles were defended successfully. It is thus reasonable to state that the $26,500 per vote continued from 1975 and onward. To be conservative, use five years of $132,000 per vote for NSP electric through 1980. 1982 Northwestern Bell. The SRA commenced its attack on the Tier System. In 1984, the SRA won a significant victory reducing by 50% the tier ratios imposed by Bell. Northwesterfl Bell has estimated a shift away from suburban communities of about $2 million to $3 million per year as a result of SRA intervention in the three Bell rate cases through the 1980's. Using $2 million per year and the assumption that SRA represents approximately half of the suburban businesses and households (this has not been calculated, it is just an estimate), the savings is about $6500 per x'ote per year. Over the seven years, since this change became effective, this is $45,500 per vote. 1985 NSP. Our consultant estimated savings due solely to SRA intervention at about $8 per household per year. Over the two years the rate was in effect, this is a savings of about $23,500 per vote. 1987 NSP. Estimated savings from the fuel issue is $1,600 per vote per year. Uniform Franchises. The gas and electric uniform franchises were negotiated in the 1980's at a cost of approximately $40 per vote. Attorney and staff costs for doing it individually might easily have been ten times that, a savings of $1260 per member or $360 per vote. 1992 NSP. As mentioned above, the savings per SRA member is about 2-3% per year for municipal pumping rates and 7.5-10ck in avoiding ratchet demand. 1992 US West. The savings from elimination of the Tier System to tier 2 and 3 SRA residents and businesses is approximately $I million per year and counting. 1996 Minnegasco. Collective savings to SRA residents from SRA efforts in the 1996 Minnegasco case is approximately $300,000 per year. Summary. A conservative estimate of dollar savings to SRA members because of SPA activities, directly and indirectly, over the years since 1975 is well over $200,000 per vote and counting. A case could be made for multiples of this figure. J J ii, ,I, ili~ ,llJ,, I . l SUBURBAN RATE AUTHORITY MEMBER CITIES Apple Valley Birchwood Village Blaine Bloomington Brooklyn Park Bumsville Chfimplin Circle Pines Columbia Heights Deephaven Eden Prairie Edina Fridley Golden Valley Greenwood Hastings Hilltop Hopkins Jordan Lake Elmo Lakeland Lauderdale Long Lake Maple Grove Maple Plain Maplewood Medina Minnetonka Minnetrista Mound New Brighton North St. Paul Orono Osseo Plymouth Robbinsdale Rosemount Roseville St. Louis Park Savage Shakopee Shoreview Spring Lake Park Spring Park Wayzata West St. Paul Woodbury /733, , Permanent Members: Bloomington Brooklyn Park Burnsville Circle Pines Columbia Heights Deephaven Eden Prairie Edina Fridley Greenwoc~d Hastings Hopkins Lauderdale Long Lake Maple Plain Maplewood Minnetonka Minnetrista New Brighton North St. Paul Orono Osseo Plymouth Robbinsdale Roseville St. Louis Park Savage Shakopee Shoreview Spring Park Wayzata West St. Paul Woodbury Temporary Members: Apple Valley Birchwood Village Blaine Champlin Golden Valley Hilltop Jordan Lake Elmo Lakeland Maple Grove Medina Mound Rosemount Spring Lake Park AMENDED JOINT AND COOPERATIVE AGREEMENT I. PARTIES The parties to this agreement are governmental units of the State of Minnesota. agreement is made pursuant to Minnesota Statutes, section 471.59, as amended. II. GENERAL PURPOSE This The general purpose of this agreement is to establish and continue an organization to monitor the operation and activities of public utilities in the metropolitan area; to conduct research and investigation of the activities of such utilities; and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable public utility rates and service levels for the citizens of the members of the organization and for the members themselves. III. NAME The name of the organization is the SUBURBAN RATE AUTHORITY. The name may be changed in accordance with Article XII. IV. DEFINITIONS Section 1. For purposes of this agreement, the terms defined in this article have the meaning given them. Section 2. "Authority" means the joint and cooperative organization created by this agreement. Section 3. "Board" or "Board of Directors" means the Board of Directors of the Authority established by Article VI. Section 4. "Council" means the governing body of a governmental unit. Section 5. "Governmental unit" means a city or town in the metropolitan area. DJK109900 1 $Ut60-3 Section 6. "Metropolitan area" means the metropolitan area defined and described by Minnesota Statutes, chapter 473, as amended. Section 7. "Member' means a governmental unit which has entered into and become a party to this agreement. Section 8. "Public utility" or"utility" means an investor-owned utility supplying telecommunication services to member residents or gas or electricity under franchise within one or more governmental units; the term may include other utilities as provided in Article XII. The term does not include municipally owned utilities; the term does include a governmental agency supplying sanitary sewer or other utility services to governmental units in the metropolitan area. Section 9. "Statutory cities" means cities organized under Minnesota Statutes, chapter 412. V. MEMBERSHIP Section 1. Any governmental unit in the metropolitan area is eligible to be a member of the Authority. Section 2. A governmental unit desiring to become a member must execute a copy of this agreement and conform to the membership provisions of this Article V. Section 3. A governmental unit wishing to become a member after the effective date of this agreement may be admitted only upon the favorable vote of two-thirds of the votes of the members of the Board of Directors present and voting at any regular or special meeting. The Board may, in its by-laws, impose conditions upon the admission of additional members. Section 4. The Board may, in its by-laws, establish procedures for temporary membership for governmental units for specified periods of time not exceeding one year with or without the payment of contributions or with the payment of reduced contributions as determined under Article X. If such memberships are authorized, the cumulative votes of all temporary members may not exceed 25% of the total votes of the directors of permanent members. DJK109900 SU160-3 2 Section 5. A change in the governmental boundaries, structure, classification or organization of a governmental unit does not affect the eligibility of a unit to become or remain a member of the Authority. VI. GOVERNING BODY: BOARD OF DIRECTORS Section 1. The governing body of the Authority is its Board of Directors. Each member is entitled to one director on the Board. Each director is entitled to one vote for each 5,000 of population or fraction thereof, as determined by the official U.S. Census each decade, of the governmental unit represented by the director; provided, however, that each director must have at least one vote and no director may have more than 20 votes. Prior to December 31 of each year following the decennial census, the SecretaD'-Treasurer of the Authority must determine the population of each member in accordance with this section and certify the results to the chairman. Section 2. A director is appointed by resolution of the council of the members for a term of one calendar year. A director serves until a successor is appointed and qualifies. Directors serve without compensation from the Authority, but nothing in this section is to be construed to prevent a governmental unit from compensating its director for service on the Board if such compensation is otherwise authorized by law. Section 3. The Board, in its by-laws, may provide for the appointment of alternate directors and prescribe the extent of their powers and duties. Section 4. Vacancies in the office of director will exist for any of the reasons set forth in Minnesota Statutes, section 351.02, or upon a revocation of a director's appointment by a member duly filed with the Authority. Vacancies are filled by appointment for the unexpired portion of the term of director by the council of the member whose position on the Board is vacant. Section 5. A majority of the votes of the Board of Directors constitutes a quorum, but a smaller number may adjourn from time to time. The votes of temporary members authorized by DJK109900 Article V, Section 4 are not to be considered in determining the presence or absence of a quorum of the Board. VII. MEETINGS: ELECTION OF OFFICERS Section 1. A governmental unit may enter into this agreement by resolution of its council and the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the, clerk or other appropriate officer of the governmental unit must file an executed copy of the agreement and a certified copy of the authorizing resolution with the finance director of the City of Columbia Heights, Minnesota. The resolution authorizing the execution of the agreement must also designate the first director for the governmental unit on the Board. Section 2. This agreement is effective on the date when executed agreements and authorizing resolutions of the governmental units presently members of the existing Suburban Rate Authority have been filed as provided in Section 1 of this Article. Section 3. Within 30 days after the effective date of this agreement, the mayor of the member having the largest population must call the first meeting of the Board of Directors which must be held no later than the date of the next regularly scheduled quarterly meeting of the Authority. Section 4. The first meeting of the Board will be the organizational meeting of the Authority. At the organizational meeting, and at each annual meeting thereafter, the Board must select from among the directors a chairman, a vice-chairman, and a secretary-treasurer. Section 5. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Board must adopt by-laws governing its procedures, including the time, place, notice for and frequency of its regular meetings, procedure for calling special meetings, and such other matters as are required by this agreement. The Board may amend the by-laws from time to time. The Board must meet at least once each year and on such other dates as may be provided in its DJK109900 SU160- 3 4 specifically authorized by the Board and shall be subject to such reasonable conditions as to cost of service and other matters as may be imposed by the Board. Section 5. The Board may obtain from any utility and from any other source such information relating to utility rates, costs and service levels as any of its members is entitled to obtain from such utilities. Section 6. The Board may receive and hold moneys from any utility to the extent and in the manner as may be provided by this agreement or any franchise granted to a utility by a member; and it may accept voluntary contributions from its members or other sources as provided in Article X. The Authority has no taxing power. It may accumulate reserve funds and may invest and re-invest its funds not needed for current expenses in the manner and subject to the limitations applicable by law to statutory, cities. The Board may not incur obligations in excess of funds then available to the Authority. Section 7. The Board must make a financial accounting and report to the members at least once each year. The books and records of the Authority will be open and available for inspection by members at all reasonable times. Section 8. The Board may accept gifts, apply for and use grants of money or other property from members or other governmental units or organizations, and may enter into agreements required in connection therewith, and may hold, use, and dispose of suck moneys or property in accordance with the terms of the grant, gift or agreement relating thereto. Section 9. The Board must establish the annual budget for the Authority as provided in Article X. Section 10. The Board may, in its by-laws, establish an executive committee and may delegate duties and authority to the executive committee between Board meetings. DJK109900 6 SUi60-3 by-laws. by-laws. The annual meeting is held in the month of January unless otherwise provided in the VIII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. The powers and duties of the Board of Directors of the Authority are set forth in this article. Section 2. The Board may make such contracts and enter into such agreements as it deems necessary to make effective any power granted to the Authority by this agreement. It may contract with any of its member governmental units or others to provide space, services or materials on behalf of the Authority. Section 3. The Board may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. It may employ such other persons as it deems necessary to accomplish its powers and duties. Such employees may be on a full-time or pan-time, or consulting basis as the Board determines, and the Board may make any required employer contributions that local government units are authorized or required to make by law. Section 4. The Board may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of state and federal regulatory, legislative or administrative bodies, on any matter related to or affecting utility costs, levels of service, rates or franchises, and advise members concerning such matters with a view toward obtaining compliance with franchises granted to utilities and insuring reasonable rates and service levels for the members and their residents. The Board may conduct the activities authorized by this section on behalf of any governmental unit located outside the metropolitan area at the request of such a unit, embodied in a resolution of its governing body; provided however, that the conduct of such activities on behalf of any such governmental unit must be DJKI09900 l? t Section I 1. The Board may purchase public liability insurance and such other security bonds and insurance as it may deem necessary. Section 12. The Board may, on behalf of the Authority or on behalf of a number of member governmental units or nonmember governmental units, or both, enter into contracts, at the request of such units, with public utilities within or without the state for the purchase and delivery of utility, products and services for those governmental units. ¢ Section 13. The Board may exercise any other power necessary and convenient to the implementation of the powers and duties given to it by this agreement. IX. OFFICERS Section 1. The officers of the Board are a chair, a vice-chair, and a secretary-treasurer elected by the Board for a term of one year and until their respective successors are elected and qualify, at the annual meeting. New officers take office at the adjournment of the annual meeting at which they were elected. An officer must be a duly qualified and appointed director. A director from a temporary member may not be an officer. Section 2. A vacancy in the office of chair, vice-chair, or secretary-treasurer occurs for any of the reasons for which a vacancy in the office of director occurs. Vacancies in these offices and filled by the Board for the unexpired portion of the term. Section 3. The chair presides at meetings of the Board. The vice-chair acts as chairman in the absence, disqualification or disability of the chairman. Section 4. The secretary-treasurer is responsible for keeping a record of the proceedings of the Board, for custody of funds, for keeping of financial records of the Authority and for such other duties as may be assigned to the Secretary-Treasurer by the Board. Persons may be employed to perform such services under the supervision and direction of the secretary-treasurer as may be authorized by the Board. The secretary-treasurer must post a fidelity bond or other SU160-3 insurance against loss of Authority funds in the account specified by the Board. The cost of such bond or insurance to be paid by the Board. The Board may provide for compensation of the secretary-treasurer for services to the Board. X. FINANCIAL MATTERS Section 1. The fiscal year of the Authority is the calendar year. Section 2. Authority funds may be expended in accordance with the procedures established ¢ by law for statutory cities. Orders, checks and drafts must be signed by the chairman and countersigned by the secretary-treasurer or such other person as may be designated by the Board in its by-laws. Other legal instruments must be executed on behalf of the Authority by the chairman and the secretary-treasurer. Contracts must be let and purchases made in accordance with the procedures established by law for statutory cities. Section 3. The activities of the Authority may be financed by funds available to it under Article VIII, from voluntary contributions from its members or from other sources, and by contributions from members of the Authority if it is determined by the Board by a two-thirds vote, by written action or at a regular or special meeting, of all votes of then existing members, that such contributions are necessary. This determination must be made by the Board not later than August 1 of each year in order to obligate members to make contributions during the ensuing calendar year. The total annual contribution by members for the ensuing year is established by the Board on the basis of anticipated expenditures and only if the anticipated expenditures are in excess of the anticipated funds otherwise available to the Authority. The contribution in any year by a member must be in direct proportion to the number of votes to which the director representing the member on the Board is entitled. Contributions must be made by the member to the Authority as follows: one-half on or before April 1 of each year and one-half on or before September 1 of each year. DJK109900 SU160-3 Section 4. An annual budget must be adopted by the Board at the regular meeting in July of each year. If a quorum is not present at the regular meeting in July, the budget may be adopted by unanimous vote of the executive committee. Copies of the budget must be mailed promptly to the chief administrative office of each member. The budget is deemed approved by the members except one who, at any time prior to the annual meeting gives notice in writing to the secretary-treasurer that it is withdrawing from the Authority. XI. DURATION AND DISSOLUTION Section 1. The Authority will exist, and this agreement is in effect, for an indefinite term until dissolved in accordance with Section 3 of this article. Section 2. A member may withdraw from the Authority by filing a written notice with the secretary-treasurer by June 15 of any year giving notice of withdrawal at the end of that calendar year; and membership shall continue until the effective date of the withdrawal. A notice of withdrawal may be rescinded at any time by a member. If a member withdraws before dissolution of the Authority, the member will have no claim on the assets of the Authority. Section 3. The Authority must be dissolved whenever the withdrawal of a member reduces total membership in the Authority to less than seven. The Authority may be dissolved at any time by unanimous vote of all the members of the Board of Directors. Section 4. In the event of dissolution, the Board must determine the measures necessary to effect the dissolution and provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Upon dissolution of the Authority all remaining assets of the Authority, after payment of obligations, must be distributed among the then existing members in proportion to the number of their votes on the Board and in accordance with procedures established by the Board. The Authority will continue to exist after dissolution DJK109900 9 SU160-3 1713 for the period, no longer than six months, necessary to wind up its affairs but for no other purpose. XII. TRANSITIONAL AND MISCELLANEOUS MATTERS Section 1. The activities of the Authority are to be confined to telecommunications, sewage disposal, gas and electric utilities, provided however, that the Authority may extend and broaden its activities to any other public utility as defined in this agreement by a 75% majority ¢ vote of all the votes of the Board of Directors, taken at a regular meeting of the Board. In the event the activities of the Authority are so extended and broadened, the Authority and its Board of Directors have all of the powers and duties with reference to any other public utility that they have with reference to gas, telecommunications, sewage disposal and electric utilities under this agreement. Section 2. The name of the organization created by this agreement may be changed when deemed appropriate by the Board, but only upon a 75% majority vote of all the votes of the Board of Directors taken at a regular meeting of the Board or by written action. If the name of the organization is so changed, the Board must provide in its by-laws for necessary measures to effect the change in official and unofficial documents, papers, and other essential respects. Section 3. It is the intention of the parties to this agreement that the organization created hereby is the successor to the Suburban Rate Authority in existence on the day prior to the effective date of this agreement. It is further the intention of the parties that any funds made available to the organization created by this agreement from assets of the prior Suburban Rate Authority must be used exclusively for the purposes of this agreement. The adopted budget of the prior Suburban Rate Authority remains in effect until revised and until the new annual budget is adopted. The adoption of this agreement does not affect or modify the obligation of members DJK109900 su~6o-3 l0 of the prior Suburban Rate Authority to make contributions authorized by the prior Suburban Rate Authority. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf. (Governmental unit) By Its ,Minnesota Mayor By Its Manager Dated: , 199 of Filed in the office of the finance director of the City of Columbia Heights this , 199 day DJK109900 SU160-3 11 MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT .~,O.~r'~.' OF _ APRIL 1997 MONT}{ MON/~ TO DATE TO DATE_ NO. OF _______ 62 55 214 274 .~U.~D FIRE ~_ 10 51 69 --------- E~fERGE/qCy 22 ~ 20 53 91 MiNNETONKA BEACH FIRE 0 ------___ 4___i_~ 5 3 EMERGENCY 0 0 ~:XXZZR:STA ~RE 4 6 ~5 2O 8__L_~ 2____~ 20 8 o?,o.xo FIRE ---------- EMERGEN~ 0 2 5 £?.'OR EWOOD FIRE 1 O~ 1 0 --------- IM~GENCy 0 0 1 3 £?IZNG PARK FIRE 2 0 3 10 ----------- IP-___~GE~L"Y 4 8~ 24 27 : ,,~ -- ~ ~.- AiD FIRE 0 0 2 2 ?OTAL FiRE CALLS ----------- 28.__~ 23 90 132 'fO%AL EMERGENCY CALLS 34 32 124 C-3'. -~_ Cl ~L -------------- ------------- 142 -- ! 0 -----------____ _~ ~ ?--%~L:~L ------------ 1 6 4 6 ----------.--.___ ~ -~.~'~J~-~. ~'~L -----------_ 18 16 0 0 0 1 ~$ & .~CSC"~--~IA.NEOUS 15 3 28 AL'.'FO ----_ 42 2 1 3 7 ?JL2E ;2-kP.M / FIRE ALARMS 6 13 37 ---------- ----------__ 59 hC. OF EOL,?J FIRE , 431 263 1229 1383 ?.OUND '~MERGENCY 442 427 1&59 1877 ---------'-- ~ 873 690 2688 3260 LI~ 0 59 82 55 - MTKA BEACH ~ 0 0 0 100 ------- lP~ 0 59 82 155 FIRE 74 98 461 402 - !". ~ %l I STA F~.~ERGENCY 186 47 ~47 178 ----------- TOTAL 260 145 908 580 - 0!0N0 ]~ERGENCY ~ 22 70 141 ------ ~ 21~__k___ ss__!___ 53~ 748 FIRE 21 ---_______ 0____p_~ 21 0 SHOREW00D m~iRGEN~ ~ ~ 21 68 --------- TOT. AL 21 0 42 ------------ ----------- 68 FIRE 40 0 53 '----------- ----------- 167 - £P. PARK EMERGENCY~ 83___~____ 135 422 601 ---------- ~_._____ 123 135 475 768 FIRE 0 0 60 61~ - LJ,.-U~.~ AID EMERG~INCY 0 0 20 27 - -------____ TOTAL 0 80 88 _ - ......... HOURS 167.5 172.5 687.5 685 '~^--'~ --r~r HOURS 781 486 2367 2675 'C,-~'T EMERGENCY HOURS 7II 631 2439 2992 .... --r~r & E~ERGENCY }{OURS 1492 1117 4806 . 5667 'UTUAL AID RECEIVED ] O ,~ O - ^.D GIVEN O DOCK & COMMONS ADVISORY COMMISSION MINUTES OF A MEETING APRIL 17, 1997 Present were: Mayor Bob Polston, Commissioners Frank Ahrens, Jim Funk, Mark Goldberg, Dennis Hopkins, and Gordy Tulberg, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. Also in attendance were: Rita Pederson, Mike Gardner, Andrea Ahrens, Don Pedersen, Leah Weycker, Cathy Bailey and Mike Aspelin. M1NUT~ Motion made by Goldberg, seconded by Ahrens to approve the minutes of the April 3, 1997 Dock & Commons Advisory Commission meeting, as written. Motion carried unanimously. AGENDA CHANGES None. WOODLAND POINT MEDIATION Chair, Mark Goldberg, explained that the Dock and Commons Commission is trying to find out if they should get involved in helping the residents of Woodland Point in their mediation efforts, but first the Commission needs to get up-to-speed on the issue. Goldberg announced that Mike Aspelin a nonabutting resident in Woodland Point, and Mike Gardner an abutting resident in Woodland Point have been asked to explain their views on the mediation. Mike Aspelin thanked the Chair for the opportunity to speak. Aspelin explained that if you look at the recommendations within the mediation agreement, it pretty much sums up the stance of the nonabutters. Aspelin noted that this is a private commons, both Wawonaissa and Waurika Commons are dedicated to the residents in Woodland Point. The Commons have not always been used that way, and is not totally being used that way today. Aspelin highlighted the following points from the mediation agreement: "Recommend that a brochure be developed and distributed to the residents of Woodland Point only." Aspelin explained that this idea was to help teach people where the boundaries are, where the access points are, places to stay away from without having to post signs and keep it more attractive to the general public and to get more use out of the commons. "Unobstructed access should be a continued right to Woodland Point residents." Aspelin explained, it was decided during mediation that the south end of Bluebird Lane was not an appropriate access point because most years it was too wet. The best access points are at the end of Woodland Road and at the north end of Bluebird Lane. Dock & Commons Advisory Commission Minutes April 17, 1997 Regarding "Encroaching Structures" and the City's involvement, the abutters felt over- regulated. A list was developed of those items that City staff should have the authority to grant permits without council approval, such as "trimming of tree limbs above a height of 8 feet." "Maintain the number of existing dock sites currently on the two Commons - 54 dock sites..." There was concern about how to maintain the 54 dock sites, not everyone in Woodland Point can get a dock, but they would like to try to accommodate as best they can with the space available. "Allow one dock site in front of each abutter's house and continue to give the abutters priority for permits on those docks. Allow non-abutters to cluster their individual docks at ends of streets, other than Canary Lane, on both Wawonaissa and Waurika Commons. Clustered docks can be placed closer together than 20-30 feet." This allows abutting owners to maintain the space in front of their houses, and the nonabutters to have individual cluster docks. Aspelin emphasized that the idea of a cluster dock was not a multiple-slip dock, but individual docks placed at the end of roads and spaced closer than 30 feet. Wawonaissa has already been removed from the Dock Location Map, and they already have docks with 20 foot spacing, so there is not much room left for the cluster dock idea. Aspelin summarized that they have a good satisfaction level on Waurika even with close dock spacing, and most abutting owners are very supportive of the program. Mike Gardner referred to Aspelin's comment that Woodland Point is private and he does not agree with that, nor does he think the City believes that. Gardner noted that due to the amount work that the City has done on Waurika Commons, the attorney's feel Waurika is really City property. He understands there is a pending lawsuit, and stated that the people of Wawonaissa don't understand why the people on Waurika are joining this party and fighting this litigation. From what he understands and has seen, Waurika is considered a City property based on all the work the City has done there. Wawonaissa was treated differently by the court. Gardner noted that the neighbors have talked about using Canary Beach for a multiple-slip dock. He has drafted a dock configuration and believes the area could accommodate 11 slips and still maintain the swimming area. Photocopies of the draft were distributed to the Commission. He feels the multiple slip dock would increase the number of docks available in Woodland Point, and also provide docking for people who are unable to build their own docks. Gardner emphasized that it was nice not having other docks in front of his house last summer. They feel the alternative of having a multiple dock would be an asset to the City and an asset to the community. Goldberg asked Gardner if he had any comments relating specifically to the mediation agreement. Gardner stated that he was not part of the mediation group, but he went to most of the meetings, and they talked about having docks at the end of streets. Gardner does not know what the settlement was, and does not think people know what the mediation agreement is all about. 2 Dock & Commons Advisory Commission Minutes April 17, 1997 Polston asked Gardner if he thinks the agreement would be a help or hinderance to the neighborhood. Gardner responded, it would depend upon what the agreement is, and from what he knows most of the abutters do not have a clue what the agreement is about. Polston asked Aspelin if he thinks the agreement would be a help or hinderance to the neighborhood. Aspelin feels that most of the agreement was forced to be put in place due to the standings of what is going on with Wawonaissa commons. Aspelin noted that the mediation agreements states that a consensus was not reached on the building of a multiple dock, but that it could be a future consideration for people who do not want the responsibility of maintaining a dock. In order to install a multiple dock at Canary Beach there would need to be some landscaping and tree removal, and the cost would be great. He also has a concern with having docks and boats so close to a swimming area. Goldberg asked Aspelin how they would feel about forming an association and giving the City the authority to manage things. Aspelin is not opposed to an association, and informed the Commission that they had a neighborhood meeting at Canary Beach, and out of 60 people present, 51 people agreed they should form an association, and out of 27 abutters, nine were in favor of an association. One of the abutters not in favor of the association has private lakeshore and is not on commons. Polston stressed the need to have 100% participation in order to form an association. Aspelin stated that he appreciated the opportunity to have this issue on the agenda, however, does not feel this is the time to be discussing this due to the pending lawsuit, which is scheduled for June or July. He asked that the Commission hold off on any action until they know what the roles of everyone in Woodland Point will be. Polston clarified that he did not know talking about implementing the mediation process was directly related to talking about whether or not there should be a multiple dock. Polston noted that last year the City Council made a commitment to work with the people in the area prior to the next boating season (this Spring) to see if anything could be done to make things run smoother and raise the comfort level, even though the City has no authority to run a dock program there. His thought for putting this issue on the agenda was to live up to the Council's commitment. Aspelin noted that the Council did implement some of their ideas, such as encouraging the sharing of docks. Polston commented that it is not the intent of the Council or the Dock Commission to force the implementation of the mediation process, but would like it known that we are here to assist them. Gardner and Aspelin agreed that they should wait to find out what the court is going to decide regarding the easement. Goldberg confirmed with Aspelin that the nonabutters have adequate space for their docks and boats for this season. Goldberg asked Gardner if their are any nonabutting docks that are causing problems for the abutters. Gardner noted there is one dock located at the end of Woodland Road which he does not feel should be there because it is not actually Woodland Road, but is Wawonaissa Common. 3 I Dock & Commons Advisory Commission Minutes April 17, 1997 MOTION made by Goldberg that the Dock Commission sit tight on this issue and wait for further clarification on the easement or for a request from the Woodland Point group to do something. Ahrens seconded the motion. Cathy Bailey further explained the pending lawsuit. The Declaratory Judgement that is going to be entered into the court, is asking the court to explain and tell exactly what the easement rights are to the 99 property owners in Woodland Point. Bailey stated that she wanted to remind the City that they also own 17 of those lots and they went through the neighborhood and 44 of the 99 households have signed on as plaintiffs. She explained that with a Declaratory Judgement you have to declare what side you are on, and if you don't, you are automatically put on the other side. They are hopeful that this process will clear up a lot of issues. They are also a little disappointed that the City is not helping with the Declaratory Judgement as owner of 17 lots. Polston commented that the City Attorney has advised the City to keep a low profile on this issue. The City Manager stated that they were also advised, that as a property owner, that we do have an interest and not a lot of research has gone into that. Aspelin stated that they did have an informational meeting trying to get everyone involved and to educate them on what is going on, and the City was invited, but did not come. In the future, he hopes a representative from the City will attend their meetings. MOTION carried unanimously. Polston commented that it was not the intent of the Council or the Task Force to force multiple docks into neighborhoods, but to do it at the request of neighborhoods. PEMBROKE MULTIPLE DOCK SITE Ahrens reviewed a proposed motion which was handed out to the commission that he had prepared prior to the meeting. The Commission discussed the fact that there are seven dock holders, and two of them were permitted to move to this multiple slip dock with two boats because it was a pilot program at that time. Ahrens explained that this motion will help them reduce the number of boats at this dock to one boat per person. Ahrens emphasized that last year only seven boats were actually moored at the dock. Hopkins referred to the Multiple-slip Dock Program and noted that it says that they will give up their extra boats. Goldberg noted that the program was implemented after the pilot program was put in place so they are not bound to the program rules. It was discussed whether it is too late to implement Ahrens' proposed motion for 1997. The different dock configurations were reviewed. Ahrens commented that he is opposed to expanding the dock into Rod Plaza's area. 4 Dock & Commons Advisory Commission Minutes April 17, 1997 It was noted that two of the dock holders are not within walking distance of the dock. Faclder commented that this commons is not a dedicated commons, and you cannot regulate who gets a dock where. MOTION made by Ahrens to recommend to the City Council the following changes in the multiple-slip dock system for the Devon Commons at the Pembroke access for the 1997 boating season: " WHEREAS, the city council has approved on January 28, 1997 the "Multiple-slip Dock Program" as outlined in Dock & Commons Commission manual under the section entitled "Multiple Docks." WHEREAS, the city council has approved making the Pembroke multiple-slip dock a permanent program with a suggested long-term goal to reduce the dock size to a minimum of seven twenty-four foot dock slips. WHEREAS, the dock configuration needs to be modified to improve the accessibility of the three inside dock slips. The Commission recognizes that the water depth for the inside dock slips were too shallow latter in the 1996 boating season and maneuvering the boat into the dock slips was difficult. WHEREAS, the multiple-slip docks are intended to be a small neighborhood dock system for individuals within walking distance of their homes. NOW, THEREFORE, the Dock and Commons Commission recommends to the City Council on April 17, 1997 that the multiple-slip dock at the Pembroke access on the Devon Commons be modified for the 1997 boating season with the inside slips (F, G, and H) being placed in the manner as displayed on Exhibit A. The docks should be configured in such a manner as to minimize the impact on the butting property owners at this access. Therefore, each individual dock site permit holder will be assigned one boat slip within the multiple-slip dock system at Pembroke access. Dock holders will be assigned a boat slip for the 1997 boating season based on the actual number of slips that were required to moor boats for the 1996 season. No additional boats may be added during the 1997 boating season. Non-abutting dock holders with more than one boat will be assigned an additional dock slip (A or J) for their second boat for 1997 boating season. The Commission's goal is to reduce the number of boat slips to one boat slip per dock site holder. Therefore, as dock site holders reduce the number of boats of record on their dock application to one boat, they may not increase that number after that point. Current dock site holders with only one boat may not increase the number of boats registered in the city dock program. 5 Dock & Commons Advisory Commission Minutes April 17, 1997 Non-abutter dock holders within the multiple-slip dock system should be within walking distance of their homes. Dock site holders outside of the immediate neighborhood should be moved to another commons for the 1998 boating season. At the point that Craig Watson registers only two boats on his dock application, the Commission recommends that Mr. Watson be assigned to the multiple-slip dock at Pembroke. This is providing that there are available dock slips within the Pembroke multiple-slip dock. His individual dock site would no longer be used as a dock location." MOTION seconded by Tulberg. Funk commented that he prefers dock configuration Option #2 as suggested by staff because it addresses the "low water" issue and still leaves 15 to 20 feet to Plaza's dock. Fackler commented, when Watson's dock is eliminated, everything can be moved towards the beach. Also, this proposal keeps the dock slips equal in size. Fackler emphasized the need for input from the dock holders before changes are made. Fackler confirmed that LMCD approval should not be required in this case, but any new multiple docks may need to get approval. Ahrens moved to amend the motion as follows: "Therefore, each individual dock site permit holder will be assigned one boat slip within the multiple-slip dock system at Pembroke access. Dock holders will be assigned a boat slip for the 19978 boating season based on the actual number of slips that were required to moor boats for the 19967 season. No additional boats may be added during the 19978 boating season." Add: "A meeting will be held with the dock site holders to review the dock configuration options prior to May 15." Add: "If the second boat slip goes unused for one season, then that dock holder will relinquish the right to. have that second slip." Tulberg seconded the motion to amend. Ahrens called the question. The vote to end debate carried 5 to 1 with Hopkins opposed. The MOTION as amended carried unanimously. This recommendation will be reviewed by the City Council on May 13, 1997. Dock & Commons Advisory Commission Minutes April 17, 1997 MOTION made by Tulberg, seconded by Ahrens to schedule a meeting with the Pembroke Multiple-slip dock holders for Saturday, April 26, 1997 at 9:30 a.m. at City Hall. Staff is to notify the dock holders as a soon as possible. Motion carried unanimously. Hopkins stated that he has to work on Saturdays and will not be able to attend the meeting. NEW MULTIPLE DOCK~q Ahrens reviewed a proposed motion which was handed out to the commission that he had prepared prior to the meeting. MOTION made by Ahrens, seconded by tulberg to recommend to the city council the implementation of multiple-slip dock systems for Devon Commons at the Devon, Amhurst, and Roanoke accesses for the 1997 boating season, as follows: " WHEREAS, the City Council has approved on January 28, 1997 the "Multiple-slip Dock Program" as outlined in Dock & Commons Commission manual under the section entitled "Multiple Docks." WHEREAS, one of the multiple-slip dock objectives is to improve the level of satisfaction with the common's dock program by reducing or eliminating the number of dock sites in front of abutter's homes. WHEREAS, The first priority (based on dissatisfaction level as found in the November 8, 1995 tabulation of commons surveys) in implementing multiple-slip docks is Devon Common. WHEREAS, the Amhurst Lane, Devon Lane and Fairview Lane accesses have non- abutter dock sites located in front of abutter's homes. WHEREAS, $22,500 was budgeted in calendar year 1997 in the Dock Fund for the purchase of three multiple-slip docks for the 1997 boating season. WHEREAS, the multiple-slip docks are intended to be a small neighborhood dock system for individuals within walking distance of their homes. NOW, THEREFORE, the Dock and Commons Commission recommends to the City Council on April 17, 1997 that a multiple-slip dock be placed at the ends of fire lanes at Devon, Amhurst, and Roanoke accesses by May 23, 1997. 7 Dock & Commons Advisory Commission Minutes April 17, 1997 The docks should be configured in such a manner as to minimize the impact on the abutting property owners at the subject accesses. A meeting with affected abutter and non-abutter dock holders should take place by Saturday, April 26, 1997. All affected parties should be notified in writing of the meeting. The following multiple docks will have a maximum number of boat slips not to exceed 24 feet in length and 12.5 feet in width: Devon Access 7 boat slips Amhurst Access 4 boat slips Roanoke Access 4 boat slips Therefore, each individual dock site permit holder will be assigned one boat slip within the multiple-slip dock. The boat of record on the 1997 dock application shall be the boat assigned to the boat slip. No additional boats may be added during boating season. Non-abutting dock holders with more than one boat will be able to keep an individual dock site only for 1997 boating season. They will be assigned an individual dock site at another commons for the 1998 boating season. Non-abutter dock holders within the multiple-slip dock system should be within walking distance of their homes. Dock site holders outside of the immediate neighborhood should be moved to another commons for the 1998 boating season. On a shared docks, the dock holder of record shall be the dock holder moved to the multiple-slip dock. We will attempt to accommodate the "share" at the multiple-slip dock, but not to exceed the maximum number of boat slips authorized for that multiple-slip dock." Goldberg expressed a concern that all the multiple docks that are being proposed are on Devon Common, and questioned if other areas should be considered. Goldberg questioned if they need to get approval from the council before they meet with the affected dock site holders. Ahrens commented, It was the intent that the Commission first find out if the dock holders are in favor of the change, but suggested, due to lack of time that the Council could approve the motion subject to acceptance by the dock holders. Goldberg noted that the last three paragraphs of the motion are already addressed in the rules, and suggested that the second and third to the last paragraphs be deleted. Ahrens commented that it was the intent to follow the rules. What to do with shared docks was briefly discussed. Ahrens noted this is addressed in his motion. Dock & Commons Advisory Commission Minutes April 17, 1997 The Parks Director commented that he has received two requests for multiple-slip docks, one at Fairview Lane and one at Twin Park. Faclder noted that the docks at Fairview have 20 foot spacing, they are located in front of two abutting homes, and there is a total of 8 eight docks. The request for the multiple dock came from one of the abutting owners. Polston suggested they could eliminate one of the proposed Devon sites and add the Fairview site. Ahrens commented that the abutter by the Amhurst access is very unhappy and feels this area should be looked at. He also feels the Devon access needs to be looked at. MOTION made by Tulberg, seconded by Ahrens, to amend the motion, as follows: Delete the Roanoke Access as a multiple-slip dock site, and add the Fairview Lane Access at Lake Blvd. 2. Delete the second and third to last paragraphs. Amend the following: "NOW, THEREFORE, the Dock and Commons Commission recommends to the City Council on April 17, 1997 that a multiple-slip dock be placed at the ends of the fire lands at the Devon, Amhurst, and Roanokc Fairview by ~" ~ ~"'~ as soon as possible. accesses It was also recommended that this recommendation be heard by the City Council on April 22, 1997. Motion carried unanimously. REVIEW PROCEDURE MANUAL AS IT RELATES TO PUBLIC LAND PERMITS This item was moved to the May 15th agenda. ENCROACHMENT POLICY: REVIEW STATUS This item was moved to the May 15th agenda. ADJOURNMENT MOTION made by Polston, seconded by Goldberg, that the Dock Commission recommend to the City Council that they recognize the hard work and efficiency that Peggy has put into serving the Commissions and City Council over the years. Motion carried unanimously. Dock & Commons Advisory Commission Minutes April 17, 1997 Motion by Polston, seconded by Ahrens to adjourn the Dock & Commons Commission Meeting at 10:07 p.m. Motion carried unanimously. Chair, Mark Goldberg Attest: 10 CRAIG M. MERTZ LAW OFFICE Chanhassen Office: 600 W. 79th St., Suite 210 Phone: (612) 934-0419 [FAX: 975-9963] Minneapolis Office: 120 S. 6th St., Suite 1900 Phone: (612) 333-1511 [FAX: 333-1523] REPLY TO: Post Office Box 652 Chanhassen, Minnesota $5317 May 1, 1997 CONFIDENTIAL LEGAL COMMUNICATION Ed Shukle Mound City Manager Mound City Hall 5341 Maywood Road Mound, MN 55364 Re: Tree Cutting on Wiota Common Dear Mr. Shukle: Officer Sam Nelson has completed his investigation of the tree cutting on Wiota Common near 1737 Canary Lane. Based on Officer Nelson's investigation, it appears that there is enough evidence to go forward with a prosecution against Thomas Allen Stueve, who is the current resident of the home at 1737 Canary Lane. Officer Nelson located what appeared to be at least some of the missing trees stored behind the garage at that address. Mr. Stueve was interviewed by Officer Nelson and he admitted to cutting the trees. Other residents of that immediate vicinity may also have cut some of the trees but Officer Nelson was unable to develop sufficient evidence to tie those persons to the cutting. The location in question is part of Wiota Common, which is in the plat of Dreamwood. The dedication language on the plat of Dreamwood reads: "... we hereby dedicate to the owners of the lots as shown on the annexed plat all of the streets or avenues thereon shown...". Even though Wiota Common is not labeled as either a street or as an avenue on the plat, arguably Wiota Common is a street or avenue and has been dedicated to the owners of the platted lots rather than being dedicated to the public. Thus the facts are becoming similar to the facts in the recent controversy concerning Wawonaissa Common and Waurika Common. Prior to issuing a criminal charge against Mr. Stueve, I would like confirmation that the City claims authority under City Code Section 320 (and/or under the provisions of Section 350, the ~d Shukle May 1, 1997 Page 2 shore land management restrictions) to restrict land alteration on Wiota Common. I spoke to City Attorney, John Dean, briefly on April 30, 1997, and he suggested that I send this status report to you prior to issuing any criminal charges against Mr. Stueve. I am prepared to issue charges against Mr. Stueve if so instructed, but this could well lead again to court action concerning the legal status of what may be a privately dedicated commons. Very truly yours, Craig'M. Mertz CMM: cg cc: John Dean FiRE FIGHTERS iai ,EJ. I ,~ MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF April 1997 DRILLS & MAINTENANCE -- Y_-T27 ~ ~ SF_E,S PEDEP~ON 52 111}2! SAVAGE 21 }lEi'iX S!PPR~L l,i ROi; 2~ =:~?r SVOBODA FIRE & RESCUE 42 6.50 273. OO 48 6.50 312.00 279.50 43 6.50 35 6.50 45 6.50 227.50 292.50 6.50 6.50 56 6.50 6.50 221.00 260.00 364.00 182.00 7.00 294.00 6.50 279.50 37 ~,50 22 ~,50 57 ~1 6.5~ 50 6.50 36 32 253.50 260.00 240.50 143.00 370.50 266.50 325.00 234.00 208.00 43 6.50 6.50 279.50 221.00 312.00 6.50 305.50 6.50 266.50 6.75 297.00 6.50 325.00 6.50 117.00 6.50 286.00 6.50 299.00 6.50 91.00 6.50 266.50 6.50 279.50 46 6.50 247.00 6.50 299.00 6.50 253.50 6.50 299.00 1492 167.5 151 ~hq 636.50 YA~ 1,167.00 /DIAL 11,533.50 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMO1La2~UM DATE: TO: FROM: SUBJECT: May 8, 1997 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official APRIL 1997 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 43 building permits issued in April for a construction value of $460,626. This included two new dwellings, and one more demolition of a single family dwelling. This trend of demolition and rebuilding continues to improve our housing stock, it also results in improving the location of the structures on the lots with regards to setbacks. We issued 36 plumbing, mechanical, and miscellanous permits for a total of 79 this month, and 198 year-to-date. PLANNING & ZONING The Planning Commission reviewed four zoning cases in April including three variances, one preliminary plat/PDA for the Seton Bluff Development. The assistant city planner Bruce Chamberlain reviewed the proposed downtown redevelopment concept plan at the workshop meeting. There were eight zoning cases reviewed by the City Council. STAFFING CHANGES As you are aware Peggy James has resigned her position with the city officially as of April 25th. Peggy was an asset to the Planning Department and to the Planning Commission. She has our best wishes for her success in the future. Linda Strong is our new Planning and Zoning Secretary. She has a long history (12 years) with the city. She is proving herself very capable to handle the position, and I am very pleased she has been offered the promotion! JS:ls prtnted on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: APRIL Year: 1997 THIS MONTH YEAR TO DATE RESIDENIIAL IJ ,f PERMITS J #UNITS J VALUATION JJ //UNITS VALUATION NEW CONS II1UCTION SINGLE FAMILY DETACHED 2 2 247,451 5 648,241 SINGLE FAMILY ATTACHED (CONDOS) 2 558,458 TWO FAMILY / DUPLEX MULTIPLE FAMILY (3 OR MORE UNITSJ TRANSIENT HSG. (HOTELS I MOTELS) SUBTOTAL 2 7 [, 206, 699 COMMERCIAL {RETAIL/RESTAURANT} OFFICE I PROFESSIONAL INDUSTRIAL P[Htt lC I $CIIOOLS SUBTOTAL A--~ 'r~o~ ~-7-A L T E R A T ION S ADDmONS TO PmNOPAL eU~LD~NG 5 79,266 6 139,266 DETAC~Ee ACCESSORY BUiLDiNgS 1 12, 311 3 34, 983 DECKS 5 8, 180 5 8, 180 SWIMMING POOLS REMODEL - MISC RESIDENTIAL 28 ]. 12,632 65 36~, 227 REMODEL - MULTIPLE DWELLINGS SUBTOTAL 39 212, 387 79 54i,,, 654 COMMERCIAL IRETAIL/RESTAURANT) ]. ]- 00 OFFICE / PROFESSIONAL 4 86, 365 ~NDUSTmAL iL [, 000 PUBLIC / SCHOOLS 2, 402,000 DE~^CHED ACCESSORY BUiLDiNGS SUBTOT^L 9 489. 465 RESIDENTIAL DWELLINGS 2 3 NONRESIDENTIAL BUILDINGS TOTAL DEMOLITIONS 2 3 # PERMITS # UNITS VALUATION # UNITS VALUATION // PERMITS TOTAL 43 2 460,626 7 2,260,818 98 PERMIT COUNT J THIS MONTH J YEAR-TO-DATE 'BUILDING 43 98 FENCES & RETAINING WALLS .5 V S~GNS 1 8 PLUMBING 1. 8 4 3 MECN^N~CAL 11 35 GRADING - - 00 S&W. STREET EXCAV., FIRE. ETC. ]- 7 TOTAL J 79 J 198 LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Chief Len Harrell Monthly Report for April 1997 The police department responded to 1,020 calls for service during the month of April. There were 17 Part I offenses reported. Those offenses included 2 robberies, 5 burglaries, 9 larcenies, and 1 arson. There were 70 Part II offenses reported. Those offenses included 3 child abuse/neglect, 1 forgery/NSF checks, 2 weapons, 6 narcotics, 9 damage to property, 2 liquor law violations, 7 DUI's, 5 simple assault, 9 domestics (2 with assaults), 4 harassment's, 4 juvenile status offenses, and 18 other offenses. The patrol division issued 180 adult citations and 4 juvenile citations. Parking violations accounted for an additional 21 tickets. Warnings were issued to 107 individuals for a variety of violations. There were 4 adults arrested and 3 juveniles arrested for felonies. There were 38 adults and 13 juveniles arrested for misdemeanors. There were an additional 17 warrant arrests. The department assisted in 11 vehicle accidents, 6 with injuries. There were 30 medical emergencies and 56 animal complaints. Mound assisted other agencies on 12 occasions in April and requested assistance 21 times. Property valued at $5,783 was stolen and $3,725 was recovered in April. MOUND POLICE DEPARTMENT MONTHLY REPORT - APRIL 1997 II. III. INVESTIGATIONS The investigators worked on 2 criminal sexual conduct cases and 2 child protection issues, accounting for 24 hours of investigative time. Additional investigations included robbery, assault, tax evasion, burglary, theft, damage to property, controlled substance/narcotics, adult protection, absenting, sex offender verification, and a missing child. Formal complaints were issued for stalking, possession of a controlled substance, disorderly conduct, failure to yield to pedestrian, resisting arrest, driving after suspension, and false identification to police. Personnel/Staffing The department used approximately 49 hours of overtime during the month of April. Officers used 56 hours of comp-time, 119 hours of vacation, 51 hours of sick time, and 1 holiday. Officers earned 41 hours of comp-time. Officer Huggett resigned in April to take a position with the Hennepin County Sheriff's Department. Wendy Lewin resigned to take a secretarial position with the Minnetonka Police. CSO Patrick Clark resigned to take a position with Minneapolis Parks. Officers attended EMT training and attended Use of Force and Hazardous Materials training during the month of April. IV. COMMUNITY SERVICE OFFICERS Officer Packard addressed 36 animal complaints, 54 ordinance violations, and 132 miscellaneous calls for services. The reserves donated 131 hours during the month of April. MOUND POLICE DEPARTMENT APRIL 1997 OFFENSES CLEARED EXCEPT- CLEARED BY ARRESTED R~PORTED UNFOUNDED CLEARED ARREST ADULT J%TV PART I CRIME~ Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 i 1 0 0 0 0 0 0 $ 0 0 i 0 2 9 0 i i 2 0 0 0 0 0 0 0 i 0 0 I I 0 TOTAL PART II CRIMEs Child Abuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (No Assault) Harassment Juvenile Status Offenses Public Peace Trespassing All Other Offenses 17 0 i 5 4 3 3 I 0 2 i 0 I 0 0 0 0 0 9 0 0 3 i 1 2 0 0 i 0 1 6 0 0 6 5 1 2 0 0 2 4 3 7 0 0 7 7 0 5 0 2 2 3 0 2 0 0 2 i 0 7 0 0 0 0 0 4 0 1 i I 0 4 0 1 3 0 7 I 0 0 I I 0 0 0 0 0 0 0 17 0 0 13 14 0 TOTAL 70 I 4 43 38 13 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 5 6 0 3O 56 12 791 900 HCCP Inspect ions 5 28 TOTAL 1,020 48 42 16 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT APRIL 1996 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Propety Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS MONTH 89 81 24 59 64 21 7 7 5 6 0 7 5O 3 15 17 70 29 56 28 791 YEAR TO DATE 391 306 103 307 271 327 35 28 32 14 0 13 157 7 36 66 254 100 216 92 2,622 LAST YEAR TO DATE 227 167 88 222 251 315 12 8 23 7 0 16 96 27 64 91 222 125 130 86 2,663 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mural Aid Requested 1,429 56 56 5 12 21 5,377 252 166 12 41 34 4,840 284 139 23 53 44 MOUND POLICE DEPARTMENT APRIL 1997 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 Overweight Vehicles Miscellaneous Tags TOTAL 7 7 1 10 2 61 4 1 17 2 6 2 9 0 20 0 0 21 1 0 8 1 12 10 201 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 1 0 4 MOUND POLICE DEPARTMENT APRIL 1997 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor Adult 43 20 16 0 2 11 0 0 0 7 99 3 12 2 3 2 0 0 0 0 0 0 1 Run: 8~May-97 13:39 PRO03 Primary ISN's only: NO Date Reported range: 03/26/97 - 04/25/97 Activity codes: All Property Status: All Property Types: All Property Descs: All Brands: All Models: All Officers/Badges: All MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Page Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Date Recov'd Tp Desc SN Stat Stolen Value Recov'd Value Quantity Act Brand Model Off-1 Off-2 Code Assnd Assnd Prop type Totals: Prop type Totals: 400 Prop type Totals: 290 Prop type Totals: 900 Prop type Totals: 200 Prop type Totals: 200 Prop type Totals: 125 Prop type Totals: 167 Prop type Totals: 50 Prop type Totals: 5O Prop type Totals: 3,400 Report Totals: 5,783 0 1.000 0 2.000 0 2.000 0 2.000 0 1.000 200 1.000 125 2.000 0 1.000 0 1.000 0 1.000 3,400 1.000 3,725 15.000 ,J I ~, Run: 7-May-97 8:50 CFS08 Primary ISN's only: NO Date Reported range: 03/26/97 - 04/25/97 Time range each day: 00:00 - 23:59 " How Received: All zvity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: Ail , iii. MOUND POLXC~ DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 61 9001 J-SPEEDING 1 9002 NO D/L, EXPIRED D/L 4 9004 RESTRICTED D/L 1 9012 OPEN BOTTLE 1 9014 STOP SIGN 6 9016 FAILURE TO YIELD 2 EQUIPMENT VIOLATION 8 9020 CARELESS/RECKLESS 1 9027 J-OVER THE CENTER LINE 1 9030 CROSSWALK VIOLATION 1 9034 STOP AP34 VIOLATION 2 9036 OBSTRUCTED VISION 1 9038 ALL OTHER TRAFFIC 3 9040 NO SEATBELT 1 9041 J-NO SEATBELT 1 9100 PARKING/ALL OTHER 9 9140 NO PARKING/WINTER BOURS 10 9150 NO TRAILER PARKING 2 9200 DAS/D;tR/DAC ~-.d PLATES/NO-IMPROPER-EXPIRED 17 9212 10 Page Run: 7-May-97 8:50 CFS08 Primary ISN's only: No Date Reported range: 03/26/97 o 04/25/97 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9220 NO INSURANCE/PROOF OF 20 9221 J-NO INSUPJ%NCE/PROOF OF 1 9222 OVERWEIGh"r VEHICLE 2 9240 CHANGE OF DOMICILE 6 9250 B CARD VIOLATIONS 1 9309 FOUND/RUNAWAY 1 9312 FOUND ANIMALS/IMPOUiTDS 2 9313 FOUND PROPERTY 4 9420 DERELICT AUTO 1 9430 PERSONAL INJURY ACCIDENTS 6 9450 PROPERTY DAMAGE ACCIDENTS 2 9451 H/R PROPERTY DAMAGE ACC. 3 9561 DOG BITE 2 9567 DANGEROUS DOG 2 9710 MEDICAL/ASU 4 9730 MEDIC/tLS 23 9731 MEDICALS/DX 1 9732 MEDICALS/CI 1 9800 ALL OTHER/UNCLASSIFIED 8 9801 DOMESTIC/NO ASSAULT 7 9802 PUBLIC ASSIST 1 9900 ALL HCCP CASES 5 Page Run: 7-May-9? 8:50 CFS08 Primary ISN's only: NO Date Reported range: 03/26/97 - 04/25/97 Time range each day: 00:00 - 23:59 How Received: All civity Resulted: All Dispositions: All Officers/Badges: Ail Grids: All Patrol Areas: All Days of the week: Ail MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9904 9920 9930 9950 9951 9980 9990 OPEN DOOR/ALARMS 8 INSPECTIONS DEPARTMENT 7 HANDGUN APPLICATION 5 INFO/INT 3 SEX OFFENDERS 3 WARR~S 17 MISC. VIOLATIONS 1 MUTUAL AID/8100 9 ML~I73ALAID/6500 1 MUTUAL AID/ ALL OTHER 2 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC 2 ASLT 5-MS-INFLICT BD KRM-~L%/gDS-CHLD-ACQ 1 ASLT 5-THRT BODILY HAP. M-NO WEAP-ADLT-ACQ 2 ASLT-DOMESTIC-MS-INFLT BODLY HRM-HA~DS-CHLD-ACQ 1 ASLT-DOMESTIC-MS-THRT BODLY-HRM-HNDS-ADLT-ACQ BURG 3-UNOCC RES FRC-D-UNK WEAP-COM THEFT 1 BURG 4-AT FRC NRES-N-UNK WEAP-UNK ACT BURG 4-UNOCC RES FRC-D-UNK WEAP-UNK ACT 1 BURG 4-UNOCC RES FRC-U-UNK WEAP-UN~ ACT BURG 4-UNOCC N'RES FRC~U-UNK WEAP-UNK ACT 1 FORGERY-FE-UTT POSSESS PLACE-CHECK-PERSON 1 DRUGS-SMALL AMOUNT MARIJUANA-POSESSION 2 9993 9994 A5352 A5355 A5502 AL355 AL552 B3334 B4060 ~4330 B4390 ~4730 D8540 Page Run: 7-May-97 8:50 CFS08 Primary ISN's only: NO Date Reported range: 03/26/97 - 04/25/97 Tlme range each day: 00:00 - 23:59 Mow Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS DA540 DRUGS-SM AMT IN MOT VEH-POSS-M~%RIJ-U~rK 1 DA548 DRUGS-SM AMT IN MOT VEM~POSS-MARIJ-NOT APP 1 DE558 CON SUB 2-POSSESS-COCAINE-NOT APPLICABLE 1 DH440 CON SUB 5-POSS INT-MARIJUANA-UNK FT00C NEGLIGENT FIRE~MS-OT PROP-S299 LESS 1 13060 CRIM AGNST FAM-MS-NEGLECT OF A CHILD 2 !3070 CRIM AGNST FAM-MS-MALIC PUNISMMENT CHILD 1 J2501 TP. AFF-GM-DUI LIQUOR-UI~K INJ-UNK %;EM 1 J2701 TRAFFIC-GM-AGG DUI~UNK INJ-MV 1 J2E01 TRAP-ACC-GM-AL 10 MORE-UNK INJ-MV 2 J3501 TRAFF-ACCID-MS-DRIVE UNDER INFLI/ENCE 5 J3E01 TRAP-ACC-MS~AL 10 MORE-UNK INJ-MV 5 M4140 LIQUOR-UNDERAGE CONSUMPTION 18-21 2 M5313 JLS;ENILE-CURFEW 2 M5350 JLS;ENILE-RUNAWAY 2 Ni310 DISTURBING PEACE-FE~STALKING-LTN]~NOWN 2 N2190 DIS"I/IRB PEACE-GM-H~SS COMI~ICATIONS-UNK 1 N3070 DIS///RB PEACE-MS-PUBLIC NUISANCE 1 N3190 DISTURB PEACE-MS-H/~{RASSING COMMUNICATIONS 3 POllO PROP DAMAGE-UNK LVL-PRIVATE-UNK INTENT 1 P0120 PROP DAMAGE-UNK LVL-PUBLIC-UNK INTENT 1 Pll12 PROP DAMAGE-FE~PRIVATE-RISK BODILY I~-DEA~ 1 Page Run: 7-May-97 8:50 CFS08 Priory ISN's only: No Date Reported range: 03/26/97 - 04/25/97 Time range each day: 00:00 - 23:59 How Received: All .ivity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE N-~ER OF DESCRIPTION INCIDENTS P2120 P3110 R2525 R3156 TB031 TC021 TF159 TO059 TG!59 U1497 U3498 W3190 >[2080 >[2200 X3080 X3360 PROP DAMAGE-GM-Pb-BLIC-bqgK IN'TEN'T 2 PROP D;tW~kGE-MS-PRIVATE-b74K INTEN~f 4 ROBB-AGG-N0 BH-RESIDEN-FIREAP~4-CHILD-ACQ 1 ROBB-SIMPLE-HIGHWAY-STRONGARM-CHILD-STR 1 THEFT-MORE 2500-FE-COIN MACH-MONEY 1 THEFT-501-250O-FE-BUILDING-MONEY THEFT-201-500-GM-MOTOR VEH-OTH PROP 1 THEFT-LESS 200-MS-BUILDING-MONEY 1 THEFT-LESS 200-MS-YAR/)S-OTHR PROP 1 THEFT-LESS 200-MS-MOTOR VEH-OTHER 2 THEFT-FE-BICYCLE-NO MOTOR-201-500 1 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS 1 WEAPONS-MS-USES-OTHER TYPE-NO C~ 2 CRIM AGNST ADMN J~3ST-GM-OBST LEGAL PROCESS 1 CRIM AGNST ADM JUST-GM-GIVE FLSE NAM-POL 1 CRIM AGNST ADMN JUST-MS-OBST LEG;%L PROCESS 2 CRIM AGNST ADM JUST-MS-VIOL HA~R3%SS REST ORDER 1 CRIM AGNST GO%N-MS-ESCAPE TAX-MT'R VEH 2 Report Totals: 391 Page Run: 7-May-97 9:03 OFF01 Primary ISN's only: NO Date Reported range: 03/26/97 - 04/25/97 Time range each day: 00:00 - 23:59 Dsspositions: Ail Activity codes: Ail Officers/Badges: All Grids: All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page ACT ACTIVITY ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL CODE DESCRIPTION ADULT JUVENILE BY EX-~ PERCENT .................................... REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED A5352 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT.AC 2 0 2 0 2 0 0 2 100.0 A5355 ASLT 5-MS-INFLICT BD HRM-HA/~S-CHLD-ACQ i 0 1 1 0 0 0 0 0.0 A5502 ASLT 5-THRT BODILY H~-NO WEAP-ADLT-ACQ 2 0 2 0 0 0 2 2 100.0 AL355 ASLT-DOMESTIC-MS-INFLT BODLY HRM-HA~DS-CHLD-ACQ 1 0 I 0 1 0 0 1 100.0 AL552 ASLT-DOMESTIC-MS-THRT BODLY-HRR-KNDS-ADLT-ACQ 1 0 1 0 I 0 0 1 100 . 0 -~3334 BURG 3-UNOCC RES FRC-D-UNK WEAP-COM THEFT 1 0 i 1 0 0 0 0 0.0 B4060 BURG 4-AT FRC NRES-N-UNK WEAP-UNK ACT 1 0 1 1 0 0 0 0 0.0 B4330 BURG 4-UNOCC RES FRC~D-UNK WEAP-UNK ACT 1 0 1 0 0 1 0 1 10C B4390 BURG 4-UNOCC RES FRC-U-UNK WEAP-UNK ACT 1 0 1 1 0 0 0 0 0.0 B4790 BURG 4-UNOCC NRES FRC-U-UNK WEAP-UNK ACT 1 0 1 1 0 0 0 0 0.0 Ti21i FORGERY-FE~UTT POSSESS PLACE-CHECK-PERSON 1 0 I 1 0 0 0 0 0.0 D8540 DRUGS-SMALL AMOUNT M~IJUANA-POSESSiON 2 0 2 0 1 1 0 2 100.0 DA540 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK 1 0 i 0 1 0 0 1 100.0 DA548 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-NOT APP 1 0 1 0 1 0 0 1 100.0 DE558 CON SUB 2'POSSESS-COCAINE-NOT APPLICABLE 1 0 ! 0 1 0 0 I 100.0 DH440 CON SUB 5-POSS INT-MARIJUANA-UNK 1 0 1 0 1 0 0 1 lOO.O F?00C NEGLIGENT FIRE~MS-OT PROP-S299 LESS 1 0 1 0 1 0 0 1 !00.0 13060 CRIM AGNST FAM-MS-NEGLECT OF A CHILD 2 1 1 0 1 0 0 1 100.0 13070 CRIM AGNST FAM-MS-MALIC PUNISHMENT CHILD 1 0 1 0 1 0 0 1 100.0 J2501 TRAFF-GM~DUI LIQUOR-UNK INJ-UNK VEH 1 0 1 0 1 0 0 1 100.0 J2701 TRAFFIC-GM-AGG DUI-UNq( INJ~MV 1 0 1 0 1 0 0 1 100.. J2E01 TRAF-ACC-GM-AL 10 MORE-UNK INJ-MV 2 0 2 0 2 '0 0 2 100.0 J3501 TRAFF-ACCID-MS-DRIVE UNDER INFLUENCE 5 0 5 0 5 0 o oo.o Run: 7-May- 97 9;03 OFF01 Primary ZSN's only: NO Date Reported range: 03/26/97 - 04/25/97 Tame range each day: 00:00 - 23:59 Dispositions: All Activity codes: All Officers/Badges: All Grids: All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JT~NILE BY EX-'~ PERCENT CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING AP. REST AP. REST CEPTION TOTAL CLEARED J3E01 TP. AF~ACC-MS-AL 10 MORE-LTNK INJ-M~J M4140 LIQUOR-b'NqDERJIGE ~NSUMPTION 18-21 M5313 JUVENILE-CURFEW M5350 JUVENILE-RUNAWAY Ni310 DISTLTRBING PEACE-FE-STALKING-UN"KNOWN :~2190 DISTURB PEACE-GM-HAJ~RASS COMMITNICATIONS-UNK N3C70 DIS/TY~B PEACE-MS-PUBLIC NUISA14CE ~2!90 DISTLTRB PEACE-MS-PL~RP~SSING CO~3NICATIONS PROP DAF~IGE~UNK LVL-PRIVATE-UN-K INTENT PZi2C PROP DAMAGE-U~TK LVL-PD-BLIC-b'NK INTENT ?]i12 PROP DAF~GE-FE-PRiVATE-RISK BODILY H~-DEATH P[12C PROP DAF~ISE-GM-PUBLIC-UNK INTENT P3110 PROP D~AGE-MS-PRIVATE-UN~ INTEN~ R2525 ROBB-AGG-NO BH-RESiDEN-FiRF~Td~M_CHiLD.ACQ 53156 ROBB-SIMPLE-HIGHWAY-STRONGAP. M-CMILD-STR TBC31 THEFT-MORE 2500-FE-COIN ~CH-MONEY TC021 THEFT-501-2500-FE-BUILDING-MO~TEy TF159 THEFT-201-500-GM-MO/~R VEM-O/~ PROP TG021 THEFT-LESS 200-MS-BUILDING-MONEY TG059 THEFT-LESS 200-MS-YARDS-OTHR PROP Tc-~ THEFT-LESS 200-MS~MOTOR VEH-O/~ER U1497 THEFT-FE-BICYCLE-NO MOTOR-201-500 U3498 T~EFT-MS-BICYCLE-NO MOTOR-200 OR T.~.SS 5 0 5 0 5 0 0 5 100.0 2 0 2 0 1 1 0 2 100.0 2 0 2 0 0 2 0 2 100.0 2 0 2 0 0 1 1 2 100.0 2 0 2 2 0 0 0 0 0.0 1 0 1 0 1 0 0 1 lOO.O 1 0 1 0 1 0 0 1 100.0 3 0 3 2 0 0 1 1 3~.3 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 C.O 1 0 1 0 1 0 0 I lOC.O 2 0 2 0 1 1 0 2 100.0 4 0 4 4 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 1 0 0 1 0 1 100.0 1 0 1 0 1 0 0 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 0 0 0 1 ! 100.0 1 0 1 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 O.O 1 0 1 1 0 0 0 0 0.0 Run: 7-May-97 9:03 OFF01 Primary ISN's only: NO Date Reported range: 03/26/97 - 04/25/97 Time range each day: 00:00 - 23:59 Dispositions: All Activity codes: All Officers/Badges: All Grids: Ail MOUND ~OLIC~ DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS ACT ACTIVITY OFFENSES UN- ACTUA~ CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION W3190 X2080 X2200 X3080 X3360 Y3230 ..... OFFENSES CLEARED .... ADULT JUIrENiLE BY EX- ~ PERCENT TOTAL CLEARED WEAPONS-MS-USES-OTHER TYPE~NO C~ 2 0 2 1 0 I 0 CRIM AGNST ADMN JUST-GM-OBST LEGA~ PROCESS I 0 1 0 1 0 0 CRIM AGNST ADM JUST-GM-GIVE FLSE NAM-POL 1 0 1 0 1 0 0 CRIM AGNST ADMN JUST-MS-OBST LEGAL PROCESS 2 0 2 0 2 0 0 CRIM AGNST ADM JUST-MS-VIOL HARRASS REST ORDER I 0 1 0 1 0 0 CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH I 0 I 0 i 0 0 1 50.0 1 100.0 1 100.0 2 100.0 1 100.0 1 I00.0 Report Totals: 78 1 77 24 39 9 5 53 68.8 ,J I CITY OF MOUND Play ~, 1997 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 April Activity Report for Public Works Street Department This month we did most of our watermain break repair. Ali that is left will be the final lifts and that will take 2 days to do. ~de started sweeping %he 9 ton street at the beginning of the month. We waited until most of the frost was out before we started the side streets. We should be completed with the sweeping on l'flay 15. 7he PD received the scales for weighing vehicles during road restrictions. Restriction were posted on March 15 and will be removed on May 15. ' Nater Department Ne had one main break for the month. We have completed some gatevaive and ~andpipe repairs. Nater meters were read and the is system working fine. He will be repairing some- Gatevalves that we found to be bad over the winter. hewer Department. Damon and Scott completed %he cleaning and flushing of the i ft ~ "-' ~ta,_~on. 7Bey will start cleaning sewer line in May. N i s c . Most of u~ were lucky to participate in the annual recycling day. It was very bus>. ar, d 'fun was had by all. printed on recycled paper CITY OF MOUND 5341 MAYINOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 5, 1997 TO: FROM: RE: CITY MANAGER CITY CLERK APRIL MONTHLY REPORT The Council had 2 regular meetings and the Local Board of Review with Minutes, and 6 resolutions along with the follow-up items from these meetings. The bids were opened on the following project: * 1997 Sealcoating Project - awarded to Allied Blacktop All renewal forms for the following licenses were sent: On-Sale Beer Set-Ups On-Sale Wine Off-Sale Beer Club On-Sale All Licenses were prepared and sent for the following: Restaurant Juke Box Bowling Pool Games of S 'kill An ordinance book update was prepared and has been given out. There were the usual calls and questions from residents. printed on recycled oaper IL, JI, iii, ,JJ,, J . ~ CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 1, 1997 TO: FROM: SUBJECT: MAYOR, CITY COUNCIL AND CITY MANAGER APRIL 1997 MONTHLY REPORT Considering the inclement weather, April was a very good month. Gross sales were $117,322. Last year for April sales were $114,274. That's a welcome sign. Hopefully the rest of spring and this summer will bring us more exciting totals. After talking with Gino Businaro, he has indicated that the audit is complete. I believe you should be receiving this information at your next council meeting. The bottom line for th e liquor store in 1996 looks great! You will see the comparisons between 96 and 95. You will notice that we continued our growth and are recording record breaking profits year after year. Rather than me going into detail here I encourage you to look into the report at your leisure. I have always been very blessed that you and Ed have allowed me to manage the liquor operation in my style. I have never been bothered with any unnecessary meddling and have always enjoyed all the support you have given me. JK:tf prmted on recycled pal~er CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PARKS DEPARTMENT APRIL MONTHLY REPORT TO: MAYOR & CITY COUNCIL GENERAL COMMENT, In April the Parks Department had two of the seasonal fulltime employees begin work. This time is used to prepare for summer by checking all playground equipmet for wear or vandelism and making all repairs. Work had begun on the Depot building to replace the siding, windows, doors, soffets, facia and exterior electrical. This improvement is to be completed by the second week in May and will provide a great astehtic appearance to the park. We had advertised for summer help in the Parks Department mowing crew along with Street Department for general laborers. The ad ran about one month and we recieved only three applications. It seems that there is not a large number of individuals seeking work. I recieved two phone calls from other cities asking for our pay scale and informed me that they had advertivsed summer positions for $7.00 per hour and did not get one applicant. We were able to fill two of the three positions and will be offering the thired to the last applicant this week. The new stairway at the Bluffs Beach was started in April and will be completed by the second week in May. This will provide easy access and a nice sitting area near the beach. TREE REMOVAL, Four hazardous trees were removed from city property and no trees were marked on private property. CEMETERY, The clean up from the winter season was completed and all the winter burials have had leveling and seeding. There are two headstones that were disrupted from burials that need to be reset but that is the responsibility of the funeral home that handled the internment. We do not touch these stones becauce of possible damage could be very expensive to repair or replace. A new fence was installed along the northerly unimproved area to deter people from dumping refuse or removing city supplies. DOCKS, The Dock Inspector was very busy assigning the docks for 1997, we had more demand by new applicants then in the past years. We will be providing a more in depth count of sites and boats in June. TO: FROM: RE: MAYOR, CiTY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR APRIL FINANCE DEPARTMENT REPORT Investment Activity Balance: April 1, 1997 $3,687,274 Bought: Money Market 4M Plus 2,640 Money Market 4M 101,146 Money Market First Bank 332 Money Market Norwest Bank 200,053 CP Norwest Bank 252,011 Matured: Money Market 4M Plus (100,000) Money Market 4M (101,500) Money Market Norwest Bank (200,000) CP Norwest Bank (519,807) Balance: April 30, 1997 $3,322,149 .1997 Safety and Loss Control Workshop On April 23, 1997 1 attended the Safety and Loss Control Workshops, sponsored by the League of Minnesota Cities. It was well attended and Carl Bennetsen, our insurance agent, was in attendance also. The sessions that I attended covered the following topics: Insurance coverage issues to be aware of and suggested solutions Overview of liability rating and assistance from agent How much and what kind of retained risk best fit the city's needs The city insurance agent's role in Loss Control - a visual tour of city work environment Practical and legal implications of employee misconduct, handling investigations in a fair manner, and carrying out required procedures in order to minimize liability. Recvclin_~ A special thanks to the many people who helped to make Mound Spring Cleaning Day on April 26th such a successful event. Again, Joyce Nelson and Greg Skinner did a great job in coordinating the whole affair. Thanks, Joyce. Thanks, Greg. City of Mound 05/07/{J~ Monthly Report Utilities Month of: April 1997 Utility-97 ! Residential Commercial _Total No. of Customers: Water Sewer Water Used: (in 1,000 gallons) Billing: Water Sewer Recycle Total 1,108 1,112 15,310 $25,544 $56,065 ~5,180 ~86,789 125 125 2,803 $4,611 $13,848 $1o6 18,565 1,233 1,237 18,113 $30,155 $69,913 $5,286 $105,354 Payments: Water Sewer Recycle Total $27,156 $57,722 $4,904 $89,782 $4,105 $12,430 $86 $16,621 $31,261 $70,152 $4,990 $106,403 05/07/1997 13:57 B12--4724435 T0H REESE PAGE LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEPHONE 612/473-7033 BOAAD MEMBERS William A. Johnstone C~air. Minnetonka Deuglas E, Bal:x:ock V~ce Chair, Spring Park Joseph Zwak SecreTary, Greenwood Rober~ Rascop Treasurer, Shorewood Mike B~oom M~nnetonka Beach Albert (Bert) Foster Deephaven JamQ$ N, (~ralhwol Excelsior Doane Marku$ Wayzata Ross Mc'Glasson Tonka Bay Craig Moiler Victoria Eugene Pa n'yka M~nneTri$~ Torn Reese Mound Herb J, Suer~h Woodland Ororto TO: MOUND CITY COUNCIL DATE: May 7, 1997 FROM: TOM REESE, LMCD REPRESENTATIVE SUBJECT: APRIL REPORT- LMCD 1.0 General Item~ 1.1 Nancy Randall has been hired in thc Technician spot to replace Greg Nybeck. who has been promoted to Executive Director. Nancy comes to us, very well recommended from the City of Oakdale, where she was a Community Dovelopment Intern. She has a BS from Iowa State in Community and Regional Planning. 1.2 .loc Zwak, the Greenwood representative, District Secretar~ has resigned. No one has yet been appointed to r~place him. No one has been identified as yet to fill the vacant Victoria slot. 2.0 Exotic Species Task Force. 2. i Gene Stmmmcn, recently retired Executive Director of thc Minnehaha Watershed District, and former Executive Director of the LMCD has been retained to manage the Harvesting Program this year, replacing the deceased Norm Paurus. 2.2 Greg Nybeck and Gabriel Jabbour, jointly with lake marina owners are planning an informational program brochure on zebra mussels. Trailered boats and thc large boats going back and forth commercially between the river and Lake Minnetonka are potential sources of exotic contamination. 3.0 Water Structures 3.1 Minnetonka Beach has settled with John Goodman for what amounts to the compromise that was offered in November. Them are still some other lesser issues outstanding. 3.2 RDP Partner~ in Spring Park have sought permission to have the Minnehaha dock there three times this summer. At present the Yacht Club is not configured for such activity. 4.0 Lake Use, 4. i No significant items. $.4~ Mound Specific Items _/~ 5.1 Mound might want to consider place for the /~~, .a to dock. developing a ,~o'~ Ree'se ~ o~.n,.,,d~R~pre~enta6 ve - LMCD lc. Greg Nybeck, Doug Babcock Gene L. Peterson 6017 Ridgewood Road Mound, MN 55364 May 5, 1997 Mr. Robert Richards 6023 Cherrywood Road Mound, MN 55364 Dear Mr. Richards: Sent via Certified Mail On Sunday, May 4, 1997 a couple was viewing my residence for the intent of buying. They were frightened away when you began shouting across the road describing your fundamentalist opposition to any future construction or modifications to my home. They lef~ stating they were uncertain they wished to live near someone displaying such irrational behavior. I suggest a more proper forum for your verbal tirades on construction would be our community planning commission meetings, should a building permit ever be requested. In the future please refrain from addressing any of my potential buyers unless they specifically seek your counsel. Yours truly, Gene L. Peterson cc: Mayor Bob Polston, Chairman Planing Commission Mound Planning Commission Chief, Len Harrell RECEIVED . iAY 6 19§? Dear Mayor and City Council Members, 5-5-97 I am writing in response to your decision to rescind your permission for improving the ballpark for the Little League. Frankly, I am embarrassed as a citizen for my city council. How can you pull the rug out from under our city's youth like you have? It is unfathomable to think that the citizens of Mound would rank parking as a higher priority than youth activities. Since when does improving a park correlate to an increase in crime? It doesn't. In fact, it is the other way around. Just last week there was a summit on volunteerism to keep our youth in school and out of detention centers. Increasing youth involvement in athletic activities is one of the goals. Are you that out of sync with the rest of the nation? Any adult who takes the time to organize, coach and play with our youth in this community and others should be rewarded, not penalized. Especially when you already gave your word. Shame on you, City Council, for buckling under the pressure to assure a pleasant spring for the few, and a lousy spring for the many. Fellow neighbors should be willing to be inconvenienced for a few hours, two nights a week for just two months so that our young people can learn, grow and enjoy themselves. We are all better off as a community when we forgo our needs for the needs of our future citizens, neighbors and voters. 121 say it again...shame on you. Fellow Baseball Enthusiast, Patricia Mikulski I??¥ RECEI'¢E3 2 4 lgg?_ Perry Hanson 2459 Lost Lake Road Mound, MN 55364 April 24, 1997 Mr. Bob Polston, Mayor City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mr. Polston: As a Mound resident for the past 17 years, I have watched, on many occasions, the volunteer efforts of a few citizens working to help improve the quality of life in this town continually get shut down by some of the same people whose lives and areas the3' are trying to help. I was unfortunate enough to witness another such spectacle at the April 22, council meeting when volunteers from the Babe Ruth Association were called upon to explain the improvements they were planning to make to Philbook Park. The improvements being done would allow a 13 year old league to play 3 games per week at this site under a joint effort with the Orono Babe Ruth Association. This plan had already been submitted to the Council one year earlier and since the city viewed the improvements to a city park at no cost to them and as a benefit to all, the proposed plans were approved unanimously. The improvements to the park were to be as follows: 1. 2. Cut back the infield to accommodate 75 feet base lines. Install a safety fence along the first and third base lines to guard players from foul balls. Supply the aglime for the infield. Install a locker behind the current backstop to store bases, a line chalker, rake and shovel. After listening to a number of people from the neighborhood objecting to improving this city park, which on more than one occasion was referred to by these people as "their" neighborhood park, and that due to the lack of parking shouldn't be used for an organized youth activity, I wondered how the roads of this town were ever paved. It never ceases to amaze me that ever), little thing people try to improve upon in this town is met with such narrow-mindedness. We have here an organization, who on the Council's approval last year, made commitments to the Orono Babe Ruth Association (which already supplies two fields for this 13 year old league). These volunteers also collected money, donations, lined up other volunteers, spent money on equipment and has a scheduled game May 5. Now these people are told that the Council screwed up by approving this project a year ago and that all of this work by these volunteers is all for naught. The Council's admission to it's part in this and wanting to help find a solution is admirable, but I have seen this town try to help before and by the time this gets the attention it deserves, I am afraid these 13 year olds will be the ones voting for city council members. Sincerely, /..' ~... Perry~on 12 4 ~J I ii, ,J~ ii'ii, , ~Ji,[ ~J , i, Dorene Hanson 2459 Lost Lake Road Mound, MN 55364 April 24, 1997 Mr. Bob Polston, Mayor City of Mound 5341 Maywood Road Mound, MN 44364 Dear Mr. Polston: I was in attendance at the council meeting of April 22, wherein there ,,vas a discussion of the Philbrook Park incurring minor improvements so that 13 year olds Babe Ruth players could use that city park for games. I have a few thoughts I would like to pass on to you regarding that discussion. I was shocked that the City of Mound made the decision to approve the improvements without ever including the local homeowners and even more shocked that the original motion could so easily be voided. The lesson being taught to these 13 vear olds about government commitment and their own importance and place in their community isn't impressive. It is apparent that the City created an unhappy situation for both sides by their actions and should take finding a resolution seriously. As I am sure you understand, the Babe Ruth Association complied with all of the City's requests and upon given the approval to proceed they entered into a commitment with the Orono Babe Ruth Association to supply their own field in order to host approximately one third of the games in Mound. The first game is scheduled for May 5. With the Council's decision of last night, this puts the Mound Babe Ruth Association in a very unfavorable situation with their commitments to Orono. I appreciate the Council's attempt to rectify the situation by forming a partnership to help the Babe Ruth Association find a solution, however, due to the lack ora time frame being indicated by the Council, and I am skeptical you will be able to resolve this situation by May 5 so that these young boys can play their first game. I have lived in Mound for 17 years. I have seen the actions of the Cib' and have not been overly impressed with it's vision of the future and it's focus on the youth. They are our future citizens and deserve a place to play baseball. I am sure you could gather by listening to the people speak last night that many of those people were raised themselves in Mound and have stayed to raise their own children. Many used that public park as children. What I cannot understand is they enjoyed it themselves as children yet are not willing to let the park be used today by today's youth. I can appreciate their concerns regarding traffic, however, this is only a potential enforcement problem. If the parents do not comply with the ordinances that already exist, it is the City's responsibility to enforce those ordinances. After listening to the Association, the improvements are very minimal. There are no large fences or buildings only improvements to the soil, two short fences to protect the benches and a small box for equipment. I am, again, confused why these improvements are offensive to the homeowners. In regards to safety, my husband has played softball at that park in past years and my son practiced baseball there several times last year. I 'know of only one time an adult player hit the ball and came close to the street. The field it large enough to play softball or baseball on it. I understand that the homeowners are also concerned that the park will be taken over by ball players and they themselves will not be able to use it. The Association plans on using the field for approximately 2 months, 2 hours per day, three days per week. This would be approximately 48 hours of use by the Babe Ruth Association. The other 1000 hours of time during those 2 months could be used by any resident of Mound. My point is, this is a rather short amount of time being requested to use the city park with very minimal improvements taking place on it. in fact, the homeowners will be left with a very nice field to used after the Association pays approximately $2,000 for the improvements. I would like to see the City stand by it's original decision and support the requests of the Babe Ruth Association under the following conditions. Improvements are to remain as requested and no other improvements will be considered for future growth, the field is to be used by the Association for the months of May, June and part of July for approximately 2 hours, 3 days a week. These perimeters I am sure are not quite accurate, but feel that if the homeowners realize how minimal the improvements and time restraints will be, both sides can work out better perimeters. Since the City owns responsibility in creating this situation, I am asking that you meet with both sides to speedily resolve this situation. Sincerely, Dorene Hanson cC Ed Shukle, City Manager James Fackler, Parks Director Lorraine Painter, Babe Ruth Association Bill Vit, Babe Ruth Association RECEIVED 5 BO3' MEMORANDUM TO: FROM: DATE: RE: SRA City Managers/Board Members/Alternates Jim Strommen, Kennedy & Graven May 2, 1997 612 Area Code Proposed Changes Enclosed is material I have received that relates to an issue that may be of importance to telephone users in your city, particularly businesses. It is information submitted to the PUC regarding a pending change in 612 area code numbering that has resulted from the explosion in wireless communication and fax machines. At least two primary, options for change are being seriously considered by the Public Utilities Commission: 1. Area code split, either "doughnut" or "river" splits. 2. Area code overlay. (see attached diagrams) This would appear to be a matter of high interest to SRA cities because of the implications to changes in phone numbers and real or perceived separation from certain areas of the Twin Cities. I will be asking the SRA executive committee for authority to participate in this proceeding. A decision will be made by the PUC during 1997 because of the apparent need to make a change to accommodate the explosion in telephone numbers. INPUT FROM SRA CITIES I would like a response, if possible, from the appropriate SRA, representative of your city regarding a preference between the "split" (either doughnut or river - see attached) or overlay. It is my information that this pending change will not result in a change in phone rates or local calling area. Rather it relates to potential changes in phone numbers, causing businesses to change cards - stationery, and the need for 10-digit local dialing. If you have any responses or questions, please contact me at 337-9233 or fax a response or request for additional information to 337-9310. JMS:ckr JMS122080 SU160-31 C] Z Z n; I-- Z UJ Z I- Z UJ UJ -i- X uJ Z n; UJ I- _J Z UJ UJ 0 t~ ILl 0 0 0 0 Z 0 $:lOOg ~NI),iBOM 7~10£ LU Z 0 Z LU ::::) Z -t- O LLJ Z n~ UJ UJ · · · · · · Z 8 NUMBERING PLAN ADMINISTRATION CENTER 700 West Mineral Avenue, MN D20.24 .... ~.~;.~.._ Littlcton, Colorado 80120 March 21, 1997 ' TO: Telecommunications Service Providers in the 612 .~a'ea Code Minnesota Public Utilities Commission Minnesota Department of Public Services Other Interested Parties An Industry meeting will be held in St. Paul, .~ on April 14, 1997 to begin the planning process for relief of the 612 Numbering Plan Area (NPA) code. The NPA is projected to exhaust during the second half of 1998. The meeting will begin at l:00p.m, on Monday, the 14th, and will last approximately three hours. It will be held in the Public Utilities Commission's Large Hearing Room on the third floor of the Metro Square Building, 121 7th Place East in St. Paul. The primary objective of this meeting will be to examine the alternative relief methods which will be available, especially from the perspective of customer impacts, and then to determine whether or not Ithe Industry, will be able to reach consensus on an alternative. The attached Initial Planning Document provides information on the alternatives. It is hoped that attendees review this document in advance and come to the meeting with a preliminary company position on the best alternative. If you have any questions, including those pertaining to overnight accommodations for attendees from outside of the Twin Cities area. please call me at 303-707-7005. ,'~/ JACK O'IT Numbering Plan Adrn/nistrator STATE OF Minnesota INITIAL PLANNING DOCUMENT for the SECOND 612 AREA CODE RELIEF PROJECT prepared by the U S WEST COMMUNICATIONS NUMBERING PLAN ADMINISTRATION CENTER March 1997 TABLE OF CONTENTS A. LNTRODUCTION AND OVERVIEW B. TIKE EXISTING SITUATION C. SPECIAL CONSIDERATIONS D. DESCRIPTION OF RELIEF ALTERNATIVES 3 E. SEQUENCE OF EVENTS 7 ATTACHMENTS: A. MAP OF THE EXISTING 612 N'PA B. HISTORICAL AND PROJECTED GROWTH IN THE 612 NPA 612 NUMBERENG PLAN AREA (NPA) CODE RELEEF I~TI"LA.L PLANNING DOCUMENT A. I2~CTRODUCTION AND OVERVIEW In 1995, during the initial planning phase for Minnesota's 612/320 area code split, it was anticipated that the new area code would provide four to six years of relief. Since that time, a new telecommunications marketplace has evolved with_the introduction.of, many .new services and service providers, each with legitimate but unforeseen demands for numbering resources. In the first half of the 1990's, average central offce (C.O.) code growth for the entire 612 area code (N'PA) averaged 16 new codes per year. In 1996, there will 87 new codes added in reduced 612 N-PA alone. We now have a clearer picture of the impacts of local exchange competition and the introduction of narrow-band and wide-band personal communications services (PCS) lic~asees into the marketplace, as well as an idea of the future impacts of telephone number portability. It appears likely that the second exhaust of the 612 lq'PA will occur in the third quarter of 1998. To reduce the potential of a "Jeopardy" situation similar to that which took place during the first relief period, it is recommended that subsequent relief be completed in early 1995. The purpose of this document is to provide telecommunications service providers with information needed '~o reach consensus on a Relief Plan. The unique characteristics of the 612 area code, combined with changes which are taking place within the telephone industry at large, present new issues which will require a fresh approach to the selection of a relief method. A major consideration which the Industry must address is the effect of the large metropolitan local calling area which comprises most of the reduced 612 area code. If this local calling area is retained, and there is no reason to expect thai it would not be, it will become necessary to introduce 1 O-digit dialing of local calls regardless of the relief method which is chosen. Consideration must be given to the issues surrounding local exchange competition and the impacts that the introduction of telephone number portability may have on the relief effort. More than previously, it is important that a view of future growth and the need for subsequent relief be included in the Relief Plan. Finally, it should be kept in mind that the responsibility for Numbering Plan Administration and Plarming may be transferred to a new Numbering Plan Administrator during the implementation phase of the Plan. = B. THE EXISTI2~IG SITUATION At the end of the first permissive dialing period on September 15, 1996, there were "working" (assigned and in use) central office (C.O.) codes in the reduced 612 NPA. On January 1, 1997, there will be 61g, leaving l?a codes for growth. In the area which today comprises the 612 area code, annual C.O. code growth in this decade has been variable but, on the whole, has increased at an exponential rate. A~xachment B demonstrates the historical and projected growth for the 612 area code. The projected figures utilize updated mathematical techniques that take into account the exponential growth pattern (rather than Msrraight-line" growth) which the industry has experienced during the last three years. Traditionally, "plain old telephone service" (POTS) growth has followed a linear or straight line growth pattern. The rapid growth of new services such as cellular (30 to 50 percent growth per year) and paging, combined with new pressures from local exchange competition and the introductions of wireless Personal Communications Services(PCS), have made the previous forecasting techniques obsolete. The attachments demonstrate that C.O. code growth.through 19.93_was.fairly.stable and linear. In 1994 he phenomenal and unforeseen growth rate of cellular and paging services, combined with increasing demands for "second lines" and fax machines, caused the growth line to curve upward rather than continuing straight as it had before. In Minnesota, the introduction-of local exchange competition and PCS in 1996 resulted' in even higher demands on numbering resources. It is now projected that the 612 area code will again exhaust in the third quarter of 1998. It is recommended that area code relief be provided by early 1998 to ensure that additional unforeseen demands do not result in total exhaust before relief is available. C. SPECIAL CONSIDEIL4~TIONS 1. Consolidation of Toll Rate Centers At the present time U S W-EST Communications is implementing a consolidation of its numerous toll rate centers in the metropolitan local calling area into just one rate cemer. It is expected that this effort will greatly reduce the demand for C.O. codes and thereby delay the exhaust of the 612 area code by several months. With fewer rate centers, incumbent service providers will be able to more efficiently utilize their existing codes, and new entrants to the marketplace will need far fewer codes to provide competitive service throughout the metropolitan area. 2. Multiple Area Codes Within the Twin Cities Metropolitan Calling Area/Ten-digit Local Dialing Regardless of the relief method selected by the Indusn'y, subscribers will be faced with a situation in which multiple area codes serve the single local calling area. As a result, at least some local ca~: will require that the proper area code be dialed before the seven-digit telephone num~. This is referred to as "ten-digit local dialing', and should not be confused with "long-distance dialing" which requires that the prefix digit "1" be inclucl~d before the ten-digit telephone number. 3. Telephone Number Portability At the present time, the capability to provide telephone number portabili~' is technically limited to conventional methods such as (remote) call forwarding and route indexing, a tandeming arrangement similar in principle to that used for completing calls to business PBX systems. The Telecommunications Act of 1996 and FCC Order in Docket 96-333 require that -2- "Full Telephone Number (TN) Portability" utilizing database functionality be implemented in designated metropolitan areas across the United States during 1997 and 1998. The Act specifies that the Minneapolis/St. Paul Metropolitan Statistical Area ~ISA) is to be ready by the end of the fourth quarter of 1997. Full TN Portability, at least initially, will be limited primarily to situations in which subscribers change telephone service providers but not their actual physical locations. It is thought that some "location portability" may also be available initially, but only between points within the same toll rate center. Existing billing systems and toll tariffs will require significant and costly changes since today they associate a specific C.O. code with just a single, specific toll rate center. "Location portability" outside of the original toll rate center would result in incorrect toll rating and billing. In this respect, the proposed rate center consolidation discussed above will provide greater flexibility in that there will be just one or a few large rate centers in the Twin Cities area rather than numerous smaller ones. In either case, the introduction of full number potability will eventually have a positive impact on delaying the need for area code relief since it will no longer be necessary to utilize two telephone numbers for subscribers who change service providers or make local moves. In the specific case of the 612 area code, the magnitude of this impact will be not be great because most of the projected growth will take place before portability becomes available. 4. Change of Administration The FCC recently ruled that the Administration of the Numbering Plan, including C.O. code administration, is to be transferred to a "neutral third party". It recenfly established the "North American Numbering Council" which has been tasked m select the new Administrator by April 1997. The schedule also calls for the assumption of central office code administration responsibilities by the new Administrator prior to January 1, 1999. It is not known at this time who the new Administrator will be, but one prerequisite is that the new Administrator will not be a "user" of numbenng resources. This issue is an important consideration in that any solution which the Minnesota telecommunications industry may agree on should not include special method~ or procedures which the new Administrator would not be able to carry out. 5. Recent FCC Rulings on Relief Methods Recent FCC Orders have validated the use of the "Overlay NPA" method of ~roviding area code relief, subject to certain limitations. The limitations will be discussed in detail in Section D.2, below. D. AVAELABLE RELIEF ALTER.NAT~S The relief alternatives which are available to the Industry, are the sa.me basic altemauves which were studied 1994; namely the traditional area code "split", the "Overlay N'PA" method, and the realignment of the existing area code boundaries. The various advantages and -3- disadvantages of each method are well known and w/Il only be bhefly discussed here. The special implications of each method in the 612 NPA situation will be the focus of this discussion. Attachment D illustrates two of these alternatives; the "split" (Figure 1) and the "overlay" (Figure 2). The boundary, realignment method is not included sin~ in this case its impacts on customers in Minnesota would be so significant that it is not really a Vaable alternative. 1 The Area Code "Split" The traditional method for providing area code relief is the area code 'split", .the.method used to introduce Minnesota's new 320 area code and provide the first relief for the 612 N'PA. This relief method retains the geographic significance of area codes by dividing the original area code into two or more distinct area codes. Those customers in that area which retains the original area code are least agtected since no portion of their ten-digit telephone numbers change. Subscribers in the second area retain the last seven-digits of their numbers but change their area code designation. For example, if a customer with the number 612-221-1234 is located in the area transferring to the new area code, the number would change to NNN-630- 1234, where 'NNN" is the new area code. This change can seriously impact business customers because it requires changes to advertising, stationery, business cards, etc. In the above example, the "221" C.O. code would eventually be again assigned in the 612. N'PA to serve a different set of customers, while "NNN-221" would continue to serve the original customers. This illustrates the "duplication" which is discussed below. A major reason for the selection of this method for the first 612 area code relief project was that it permitted the retention of seven-digit dialing of local calls. Care was taken to ensure that no "local calling area" was served by more than a single area code. The situation which customers now face in the reduced 612 N-PA is different. In this case, a major portion of the 612 N-PA is the large metropolitan local calling area. Because of this, an area code split will introduce a second N'PA to the local calling area, and by necessity seven-digit telephone numbers will eventually be duplicated elsewhere within the metropolitan area because of continued growth. It would therefore become necessary for customers pIacing local calls to numbers in the other area code to dial ten-digits, i.e. the "other" area code plus the seven-digit telephone number. If the area code is not included when dialing the call, it will be incorrectly sem. m the duplicated seven-digit number within the same area code as the caller, a very undesirable situation. It is not technically necessary to require ten-digit dialing for local calls within the caller's own area code. If this relief method is selected by the_Industry, it is recommended that local calls originating and terminating within the same N'P3~ would continue to be dialed using only seven-di~ts but, if the area code is included when dialing (for whatever reason) the call would still be completed. Note that the ten-digit dialing method described above does not include the prefix di~ts "1" or "0", which would continue to be needed for toll (long distance) or other charged calls. It may be decided to allow local calls to also use "l?ten-digit" dialing on a smcfly "permissive" basis, but this increases the switching complexities and therefore the costs associated with an area code split. If this relief method is selected by the Industry in Mirmesota, a secondary decision will be required as to wh. ~r~ the new boundary between the two area codes would be drawn. Ideally, a boundary should be selected which maximizes the relief period for both area codes and delays the need for subsequent relief as long as possible. A simple east-west or north-south split along an easily recognizable feature such as the Mississippi River would be a logical approach. For the most pan, existing wire center and rate center boundaries coincide with this natural boundary. An alternate arrangement, often referred to as the "doughnut" approach, selects a core area to retain the existing area code while the outlying area becomes the new. area code. Since businesses are the .most severely impacted customers in an area code split, the core area would be where the highest concentration of business occurs. Based on the distribution of C.O. codes in the 612 NPA, one possible boundary for an area code split using this approach is around the Minneapolis/St. Paul core business area plus the first ring of suburban offices. This core area had 244 (approximately 40%) of the total of 618 existing C.O. codes in the 612 NPA and also has )he highest growth rate. The area code split alternative requires that a "permissive" dialing period be included in the conversion which allows customers inside and outside of the 612 N-PA to make the necessary changes to dialing methods, advertising, telephone systems, stationery, etc. A minimum of six monks is recommended for this period, and the Industry may choose a longer period. It should be kept in mind, however, that the objective is to complete this permissive period well in advance of the projected exhaust of the 612 N'PA. Cellular telephone customers with telephone numbers which would be transferring to the new area code would be required to have their equipment reprogrammed by their service providers during the permissive dialing period. This is considered to be a significant expense and effort to the cellular careers. 2. The Overlay N-PA Method (Figure 2, Attachment D) The alternative method for providing relief is to utilize the "Overlay NPA" method in which a new area code is introduced over pans or all of the existing area code whi~ is facing exhaust. With this method, customers which have already been assi~maed telephone numbers from the 612 N'PA would retain their numbers as 612, while growth and additional numbers would evenumll~, come from the new area code. The presence of two area codes within a single local calling area mulls in the need to implement ten-digit dialing of local calls as described in the section above. However, the overlay approach has special requirements. In its Report and Order for Docket 96-333, the FCC approved the use of the overlay as a valid area code relief method under the following conditions: Ten-digit local dialing of all local calls by all service providers' customers whether the calls are destined for the same area code or to the other area code in the local calling area; -5- Availability of at least one C.O. code from the existing NPA to any and all service providers who have been authorized to provide telecommunications serv/ces as of 90 days prior to the introduction of the new area code. From a strictly technical perspective, the Overlay NPA method of providing relief would be easier to implement, and many of the problems which were encountered in the previous area code split would be eliminated since existing customers would not be required to undergo partial number changes to a new area code. Additionally, future area code relief activities would be greatly simplified through the introduction of a second "overlay" area code as the need arises. A "permissive" dialing pehod is not an absolute requirement when implementing an overlay N'PA, although it would be recommended. The period would provide customers with a period of time to update the dialing pattern of their telephone equipment and familiarize them with. 1 O-digit local dialing. It would also provide alarm companies and users of other automatic dialing devices time to modify dialing patterns in their equipment. 3. The N'PA Boundary Realignment Method This method, which was discussed briefly during the planning cycle for the first relief effort, would move some of the exchanges currently in the 612 N'PA to the 320 N'PA. If this method were selected it would become necessary to force some customers to undergo total telephone number changes due to the existence today of duplicated codes in the 612 and 320 NrpA's. This method would provide only limited relief for 612 and would also shorten the life of the new 320 area code. For these reasons this is not considered to be a realistic alternative but is mentioned here to demonstrate that this method was considered and will be discussed. 4. Customer Input to the Decision-making Process Customer surveys which have been conducted in other parts of the country have indicated a strong customer preference for the area code split relief method. Customers have generally expressed their opinions that the geographic significance of area codes should be retained and that having two area codes serving the same area would be confusing. Others would argue that to introduce a second area code within a geographically small and predominately metropolitan area such as the current 612 NPA by doing an area code split would also be confusing. With either method, ten-digit dialing of local calls will become necessary which is a change that few customers would like to see.. The Minnesota Telecommunications Industry and/or the Public Utilities Commission may elect to conduct a survey of customers in the 612 N'PA. It is recommended that an outside market research firm be contracted to do this. Similar surveys which were done in Washin~on and Oregon cost approximately $40,000. The costs were prorated across all service providers based on the number of C.O. codes assi~kmed to each as of a specified date. -6- E. RECOMMENDED SEQUENCE OF EVENTS As a first step, the Industry in conjunction with the PUC Staff will meet to examine the relief alternatives and hopefully reach consensus on a Keller Plan. A part of this process will be an examination of possible methods for delaying exhaust of the 612 N'PA. If the Industry does reach consensus, a Report will be filed with the PUC describing the Plan and seeking the Commission's approval. In the event consensus cannot be reached within the Industry, the PUC will be notified and asked for resolution. In the case of the latter and if the Commission so desires, the Administrator will draft a Recommended Plan for the Commission's consideration. In either case, every effort will be made to .ensure that relief becomes available prior to area code exhaust. Immediately after receiving Commission approval of the Plan, the Administrator will convene the first Industry implementation meeting to-commence the coordination of relief activities. We are recommending that relief implementation be completed prior to the end of the first quarter of 1998. A permissive dialing period of a minimum of six-months is recommended if the area code split method is selected and somewhat shorter if the overlay is chosen. If the area code exhaust is delayed, this period could be extended. If the overlay method is selected, new C.O. code assignments will continue to me made from 612 until that area code exhausts unless the Industry or the PUC decides otherwise. %oo -7- ATTACHMENT B HISTORICAL AND PROJECTED CO CODE GROWTH A. WORKING CODES BY CATEGORY IN THE 612 NPA CATEGORY 1/90 RESERVED CODES 4 19 13 I 6 7 14 14 PROTECTED CODES 19 19 5 5 5 0 1 3 PLANT TEST CODES 16 15 15 28 19 5 7 5 SPECIAL USE CODES 7 10 11 11 11 10 9 8 REGULAR (USW) 521 541 552 558 575 593 373 404 CENTREX/DID (USW) 10 16 19 24 33 33 47 47 PAGING CODES 6 8 9 13 20 27 30 41 CELLULAR CODES 15 21 31 39 44 75 50 71 ALT EXCH CAP/tIER 0 0 0 0 0 0 0 22 PEPS COMM S~S (PCS) 0 0 0 0 0 0 0 3 TOTAL WORKING 598 649 655 679 713 750 531 618 AVAIL. FOR ASSNMNT 194 143 137 113 79 42 261c~174 NOTE 1:1/96 FIGURES SHOWN ARE FOR REDUCIED 612 AREA ONLY GROWTH PROJECTIONS TO EXHAUST (1997 COCUS) CATEGORY 1/98 1/99 RESERVED CODES 14 14 PROTECTED CODES 3 3 PLANT TEST CODES 5 5 SPECIAL USE CODES 8 8 REGULAR (POTS) 421 440 CENTREX/DID 47 47 PAGING CODES 55 64 CELLULAR CODES 95 109 ALT EXCH CARRIER 39 58 PERS COMM S~S (PCS) 48 62 TOTAL WORKING 735 (810) AVAIL. FOR ASSNMNT 57 (0) 5/1/97 ACTUALS 15 3 5 9 414 46 47 8O 42 3 662 130 ii .L ILl 0 0 z 0 $=100:3 ~)NI)i~ION~ 'I~.LOJ. MINNESOTA DEPARTMENT OF PUBLIC SERVICE April 10, 1997 Burl W. Haar Executive Secretary Minnesota Public Utilities Commission 350 Metro Square Building 121 7th Place East St. Paul, Minnesota 55101-2147 Area Code Exhaust Docket No. P999/M-97-506 Dear Mr. Haar: On April 14, 1997, interested parties will be meeting in the Commission's large hearing room to discuss the exhaust of the (612) area code. The focus of the meeting appears to be to determine if a consensus can be reached on the method of area code relief. The methods of proposed relief include splitting the existing (612) area code and an overlay of a new area code on the existing (612) area code. With either of these alternatives, ten-digit dialing will be necessary to place local calls within the Twin Cities metropolitan calling area. The Department believes that there is another possibility that would help conserve existing central off codes (NXXs) within the (612) area code and that this proposal should also be discussed. Currently, there is a tremendous waste of telephone numbers when a local service provider is assigned an NXX with 10,000 numbers and uses only a small fraction of the available numbers. It is the Department's understanding that sharing NXX codes is technically feasible. However, the industry's Central Office Code Assignment Guidelines reflect the general agreement that code sharing between service providers is recommended only in extreme situations where codes are in short supply. Further, local number portability will be implemented in the next year and there will be no "industry" restrictions on code sharing at that time. Suite 200 · 121 7th Place East. St. Paul, Minnesota 55101-2145 · ~B12} 29B 7107 · tB12J 297 1959 tax · http://www.dpsv.state.mn.u.. An equal .pportumty employer Burl W. Haar April 10, 1997 Page Two In addition to the use of code sharing to avoid area code exhaust, the imposition of a fee on numbers should be explored by the Commission. Telephone numbers are a scarce resource with economic value. To encourage efficient use of a scarce resource, a fee could be assessed on telephone numbers. The size of the fee should be established at a level that promotes efficient use without threatening financial harm to carriers. Thus, local service providers would have an economic incentive to be assigned an amount of numbers that minimizes their cost and maximizes profit. Those entities currently with unused blocks of numbers could either relinquish them for reassignment or pay the established rate. The fee would apply to all local service providers, incumbents and new entrants. Local service providers have no economic incentive to efficiently use numbers in today's environment. The use of the funds generated would also need to be explored. With the upcoming meeting on area code exhaust, the Department recommends that all methods to avoid area code exhaust be included in the agenda. Such methods include code sharing and the assessment of a fee on numbers to promote efficient use of a scarce economic resource. Failure to fully analyze all alternatives will result in a record that is incomplete and may unnecessarily delay this process. I will be happy to discuss this matter i.n greater detail or answer any questions you may have. Sincerely, ..~NELSOi~ J. UPDAW MANAGER, TELECOMMUNICATIONS UNIT NJU/GJD/jd LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, May 14, 1997 Tonka Bay City Hall PUBLIC HEARINGS 7:00 1) Aahhz of Excelsior Park, Consideration of new on-sale intoxicating liquor license application for charter boat Excellebella; 2) Aahhz of Excelsior Park, Consideration of new on-sale intoxicating liquor license application for the charter boat Blueline; 3) Wayzata Bay Charters, Consideration of new on-sale intoxicating liquor license application for the charter boat Triple Crown; 4) Holiday Fair, Inc., Consideration of new beer and wine license applications for the charter boat Holiday Fair; CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Babcock - Schedule Lake Inspection Tour READING OF MINUTES- 4/23197 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. 1. LAKE USE & RECREATION *A. Staff recommending $50 refund to MN Transportation Museum for overpayment of 1997 registration for the charter boat Minnehaha; B. Discussion and consideration of new on-sale liquor license public hearing for the Aahhhz of Excelsior Park and the charter boat Excellebella; C. Discussion and consideration of new on-sale liquor license public hearing for Aahhhz of Excelsior Park and the charter boat Blueline; Discussion and consideration of new on-sale liquor license public hearing for Wayzata Bay Charters and the charter boat Triple Crown; Discussion and consideration of new beer and wine licenses public hearing for Holiday Fair, Inc. and the charter boat Holiday Fair; Pelican Point HOA, request for LMCD to place two slow-wake buoys at the approaches to the channel which separates Pelican Point from Pelican Point Island at the south end of Spring Park Bay; Suburban Hennepin Regional Park District, request for LMCD to place slow-wake buoys 300' out from the shoreline at the Lake Minnetonka Regional Park; H. Additional Business; FINANCIAL A. Review of 1996 Draft Audit and Management letter prepared by Abdo, Abdo, & Eick; B. Audit of vouchers for payment; 5/1/97 - 5/15/97 C. Schedule Officer and Board review of Draft 1998 Budget; D. Additional Business; WATER STRUCTURES A. Woodend Shores Beach Assoc., minor change application to realign non-conforming dock structure to extend perpendicular from the shoreline; B. Ordinance Amendment, 1st reading of an ordinance relating to special density licenses; amending LMCD Code 2.05, Subd. 5; C. Ordinance Amendment, 1st reading of an ordinance relating to side setbacks of slip structures with canopies; amending LMCD Code Section 2.01, Subd. 2 b) 2); D. Ordinance Amendment, 1,t reading of an ordinance relating to boat lifts and canopies; amending LMCD Code Section 2.12, Subd. 3; *E. 1997 Multiple Dock Licenses, approval of 1997 multiple dock license applications as outlined in 5/8/97 staff memo; F. Additional Business; 4. EWM/EXOTICS TASK FORCE *A. Minutes of the 5/9/97 meeting (handout); B. 5/9/97 meeting report; *C. Evaluation of Truck Hauling Bids for the 1997 EWM Harvesting Program, Staff recommendation to award bid to Minnetonka Portable Dredging Co.; *D. RFP for chemical control of Eurasian water milfoil on six public accesses, staff recommending Board approval to award contract to Lake Management, Inc. for the amount of $3,316.25; E. Additional Business; 5. ADMINISTRATION A. Staff update on health insurance premiums for the next year starting 6/1/97; B. Appointment of new Secretary on Board of Officers; C. Additional Business; 6. SAVE THE LAKE 7. EXECUTIVE DIRECTOR REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT CONS VA'nON DIST CT REGULAR BOARD OF DIRECTORS MEETING 7:00 P.M., Wednesday, April 23, 1997 Tonka Bay City Hall DRAFT CALL TO ORDER Chair Babcock called the meeting to order at 7:08 p.m. ROLL CALL Members present: Bert Foster, Deephaven; Tom Gilman, Excelsior; Joe Zwak, Greenwood; Gretchen Maglich, Minnetonka; Kent Darien, Minnetonka Beach; Gene Partyka, Minnetrista; Bob Rascop, Shorewood; Craig Nelson, Spring Park; Doug Babcock, Tonka Bay; Bob Ambrose, Wayzata. Also present: Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director. Members absent: Tom Reese, Mound; Herb Suerth, Woodland. Orono and Victoria have no appointed member CHAIR ANNOUNCEMENTS LeFevere issued the Oath of Office to new Board member, BOb Ambrose. representative of Wayzata. He was seated as READING OF MINUTF3 Nelson moved, Partyka seconded to approve the minutes of the March 26, 1997 regular Board meeting as submitted. Ayes (6), Abstained (4, Zwak, Dahlen, Gilman, and Ambrose); Motion PUBLIC COIVEVIENTS There were no comments from persons not on the agenda. CONSENT AGENDA Partyka moved, Zwak seconded to approve the consent agenda identified by an ,,., on the agenda. Motion carried unanimously (Approved consent agenda items include: lB, 4/11/97 EWM/Exotics Task Force meeting has been canceled; 2G, 1997 Multiple Dock Licenses, approval of 1997 multiple dock license applications as outlined in 4/3/97 staff memo; and 2H, De-icing License Deposit Refunds, refund of 1996 de-icing license deposits as outlined in 4/2/96 staff memo. EWM/EXOTICS TASK FORCE A. 1997 Milfoil Harvest Plans -review of season -proposed budget -emplo)anent of project manager Nvbeck reviewed EWM harvest plans for the 1997 season. He recommended the hiring Gene Strommen, retiring director of the Minnehaha Creek Watershed District, as the project manager under an independent contract at $25 per hour. He reviewed the proposed budget. MOTION: Foster moved, Zwak seconded to approve the hiring of Gene Strommen as project manager of the 1997 EWM harvest crew, subject to review of the draft independent contract agreement by Lake Minnetonka Conservation District Regular Board of Directors Meeting April 23, 1997 P~e2 e LeFevere. VOTE: Motion carried unanimously. Additional Business Nybeck stated he had talked to Gabriel Jabbour about the idea of creating an informational brochure regarding zebra mussels and state rules prohibiting the transportation of exotics in Minnesota. He noted Jabbour stated he would'check into this with the Lake Minnnetonka Marina owners to see if this is a project they may want to consider for partial funding. These brochures would be distributed to marina owners, transporters, and other sectors of the public. WATER STRUCTURES A. Claycliffe HOA, minor change application to change the numbering of slips # 4 and 5 and to reduce the size of slip #1 from 16' x 48' to 12' x 32'. Nybeck stated the applicant proposes to change the order of slips 4 and 5, with same slip dimensions, and to reduce the length of slip 1 from 16' x 48' to 12' x 32'. MOTION: Foster moved, Gilman seconded to approve the minor change application from Clay Cliffe HOA for 1997. VOTE: Motion carried unanimously. B. Big Island, Inc., minor change application to install a 32' roll-away handicapped dock for the off-loading of senior citizens and supplies. Mark Schoelle, representing the applicant, addressed a potential concern pointed out by staff. It was noted there is an approximated 300' side setback to the west and 1200' to the east. A map detailing this was presented to staff. Babcock questioned whether there is a need to designate a BSU at this dock. He stated he believed if the dock will serve as a transient off-loading dock, and no storage of boats will not be allowed, he is inclined to approve the application as submitted. Schoelle stated the make ready dock would be used only tbr off-loading purposes and that boat storage would not be allowed. MOTION: Gilman moved, Dahlen seconded to approve the new, with minor change, multiple dock license for Big Island, Inc. /'or 1997. VOTE: Motion camed unanimously. Lake Minnetonka Conservation District Regular Board of Directors Meeting April 23, 1997 Page 3 Cg De Lord Fietchers of the Lake, review of draft Environmental Assessment Worksheet (EAW), staff recommends rescinding 3/26/96 Board action to approve new multiple dock and special density license applications to increase BSU's from 58 to 72. Babcock stated staff has asked for a motion to rescind the prior Board action for approval of the new multiple dock license at the 3/26/97 meeting for approval of a new multiple dock license. He added the reason that staff has made this request is that an EAW needs to be conducted for this proposed project. He questioned whether an approval should be made pending a negative declaration on an ElS. MOTION: Rascop moved, Nelson seconded to rescind previous Board action at the 3/26/96 Board meeting to approve a new multiple dock license application to increase BSU's from 58 to 72. VOTE: Motion carried unanimously. Party ~ka recommended holding off on approval of the application until the EAW comment period has expired and a decision has been made regarding an EIS has been made. LeFevere recommended the Board not make a decision on the proposed application because the comments received during the comment period should be considered in the decision. MOTION: Rascop moved, Nelson seconded to table this agenda item until the comment period for the EAW has expired. VOTE: Motion carried unanimously. Harrison Harbor Twinhome Association, minor change application to move slip #1 from a tie-on to the main walkway to adjacent to slip/fl. Rascop asked where the normal high water mark is located on the proposed site plan. Partyka stated the proposed site plan should be updated to identify the location of the 929.4' lake elevation, where the property lines meet the 929.4' lake elevation, and where the docks are located from these lines. Babcock asked the applicant to work with staff to identify the normal high water mark on the proposed site plan. MOTION: Rascop moved, Partyka seconded to approve the minor change application to move slip #1 from a tie-on to the main walkway to adjacent to slip #7, subject to identification of the normal high water Lake Minnetonka Conservation District Regular Board of Directors Meeting April 23, 1997 P~e4 mark on the approved site plan. VOTE: Motion carried unanimously. City of;'Deephaven, consideration of new multiple dock license application for the reconstruction of Carson Bay public launch. Babcock stated a letter from Tom and Pat McGoldrick, adjacent neighbors to the public launch, have prepared a letter that staff included as a handout. He noted they believe this site does not need a second make-ready dock on the north side. Nybeck reviewed the request from the City of Deephaven. He noted they have proposed to; 1) install concrete pads in the water, 2) re-construct an existing make- ready pipe dock on the south side, 3) construct a new make-ready dock on the north side, 4) pave the turnaround at the access, and 5) general landscaping. Ray Williams, Public Works Director for Deephaven, spoke on behalf for the applicant. He reviewed the request similar to Nybeck. Babcock asked how far from the extended property line the dock would be on the north side? Williams stated there should be sufficient setback because the city owns the outlot to the north of the public launch facility. Babcock asked whether a multiple dock license would be required for this proposed project? LeFevere stated a launching ramp facility license is required rather than a multiple dock license. Foster stated the city may want to consider a fence or signage stating "No parking of boats" on the north side of the north dock. Babcock stated another option may be to put a longer make-ready dock on the south side of the public launch along the bridge. Rascop asked if proposed 17' wide launching ramp is wide enough for two boats to launch at the same time? Williams stated he believed two small fishing boats could launch at the same time. Pat McGoldrick stated she does not have problems with the proposed side setbacks; however she expressed concerns with the second make-ready dock. She noted the dock will only be able to handle a couple of boats at a time and that other boats Lake Minnetonka Conservation District Regular Board of Directors Meeting April 23, 1997 P~e5 Fe would continue to park along the shoreline. Babcock asked if the inability to pull up to shore would help? McGoldrick stated rip rapping along this shoreline be appropriate. William stated the city would like to do some rip rapping because of an erosion problem in the area. Zwak stated he believed an additional dock would alleviate a number of problems. Nybeck stated he had received comments from the MCWD requiting a plan be submitted to them for review. MOTION: Rascop moved, Zwak seconded to approve the new multiple dock license application for the reconstruction of Carson Bay public launch, subject to submission of a plan to the MCWD to verify if permits need to be secured and no further comments be received from issuing the DNR General Permit. VOTE: Motion carried unanimously. City of the Village of Minuetonka Beach, discussion on public hearing for new multiple dock license and to reconfigure a non-confornfing structure on Lake Minnetonka. Babcock reviewed the changes discussed by the applicant in the public hearing. He stated the applicant has proposed the reduction in BSU's from 92 to 86, they have requested credit for 12' x 32' slips on dock sites 12, 13, and 14 in 1984, and they have agreed to reduce the number of BSU's at dock site 11 from three to two. Nybeck reviewed the staff memo included in the Board packet. He stated permits for 1982-1984 were provided tbr dock sites 13 and 14 which identified boat sizes ranging from 24-31' in length. He stated he made a judgment call for providing credit of 28' in length for dock site 12, 13, and 14 in 1984. He stated the issues ahat need to be addressed by the Board are: 1) what slips length to credit at dock sites 12, 13, and 14 in 1984, 2) to clarify what the definition of a canopy is, 3) to amend the proposed dock site plan at site #11, and 4) to amend the dock length variance approved on the Lake Road firelane to include six BSU~s rather than the four approved Mayor Palmer stated they were mistaken about the nmnber of boats that had historically been allowed there. He asked lbr the six boats, because it does meet the setback requirements. Lake Minnetonka Conservation District Regular Board of Directors Meeting April 23, 1997 Page 6 Babcock asked LeFevere for his recommendation on how to amend the dock length variance at dock site 2 and 2A? LeFevere stated he believed Minnetonka Beach should make a second application for variance at this dock site to allow the public an opportunity to comment at a public hearing. He noted the dock length variance previously approved for tour BSU's still holds up while the applicant to goes through the variance process and add the two additional boats. It was the consensus of the Board that the city be provided credit tbr 12' x 32' slips at dock sites 12, 12, and 14 in 1984. The Board discussed the definition of canopies. The consensus of the Board was to not consider a canopy which is an integral part of a boat lift as a canopy and to not require double side setbacks for canopies associated with multiple dock licenses The Board directed LeFevere to prepare a code amendment for future Board consideration. LeFevere discussed his concerns about how the "Envelope Concept" ordinance is being applied in this case. He stated the Board needs to decide whether the transfer of BSU's or slip square footage from one site to another will be allowed in the future. Mayor Palmer asked for Board direction on whether the city would need to come back before them for every change made in the future or if this could be worked out at the staff level. The Board stated that is difficult to answer depending upon the requested change. They noted staff would be able to provide direction on what Board approvals are necessary based on the request. MOTION: Foster moved, Dahlen seconded to approve the new multiple dock license application for 1997 for the City of the Village of Minnetonka Beach, allowing them to reconfigure a non-conforming structure on Lake Minnetonka through LMCD Code Section 2.015, subject to variance approval at dock sites 2 and 2A. VOTE: Motion carried unanimously. Additional Business There was no additional business. 3. SAVE THE LAKE Lake Minnetonka Conservation District Regular Board of Directors Meeting April 23, 1997 Page 7 e There was no discussion. LAKE USE AND RECREATIONS A. Seanote Cruises, Inc., staff recommends the refund of $3,400, $3,000 for preliminary investigation of intoxicating liquor license and $400 for renewal of beer and wine license applications, $400. MOTION: Foster moved, Dahlen seconded to refund $3,400 to Seanote Cruises, Inc. as recommended by staff. VOTE: Ayes (9), Nayes (1, Rascop); Motion carried. Be Additional Business RDP Panners/Upper Lake Mtka Yacht Club Theresa Fogarty, Director of the Westonka Chamber of Commerce, stated she had contacted LMCD staff regarding parking the Minnehaha at this facility three different times during the summer. She noted staff had expressed concern in that the request does not comply with LMCD Code and that staff did not have the authority to grant or permit the request. She asked for Board direct/on or permission to park the Minnehaha at this dock. Nybeck stated the concern that staff has is that the boat would be parking in a location not authorized as a BSU. He noted the boat would be parked along the west end of the dock structure and would encroach on the side setback requirement defined by Code. Babcock stated he believed the main issue is whether the boat should be allowed to dock in any setback area. LeFevere stated boats at a multiple dock license need to be stored at a designated BSU. He added staff does not have the authority to grant this request. The consensus of the Board was the Minnehaha can be parked at this location provided it is parked in a designated BSU. If one cannot be located in this facility, the Board encouraged Ms. Fogarty to contact Hennepin County to see if one of the nearby transient docks could be used. ADMINISTRATION A. Staff update on filling the vacant Adnfinistrative Technician position. Nybeck stated he had conducted second interviews of three candidates with Babcock, Reese, and Nelson on 4/22/97. He noted it was the unmfimous consensus of the committee that Nancy Randall was the best fit for the Administrative Technician position. He highlighted her educational and work background noting she has a B.A. in Planning from Iowa State University and Community Lake Minnetonka Conservation District Regular Board of Directors Meeting April 23, 1997 Page 8 Development Intern experience for the past 18 months at the City of Oakdale. He noted the committee recommended offering the position to Ms. Randall at a salary to not exceed $26,500 anm~ally, with a six month performance review, and benefits as outlined in the personnel policy. MOTION: Rascop moved, Partyka seconded to authorize Nybeck to offer employment of the Administrative Technician position to Nancy Randall at a rote of up to $26,500, with a six month performance review, and benefits per personnel policy. VOTE: Motion carried unanimously. B. Additional Business There was no additional business. A. Audit of vouchers for payment -4/1/97 - 4/15/97 -4/16/97 - 4/30/97 Nelson reviewed the audit of vouchers for payment. He reviewed on-going bills which were paid after the 4/9/97 despite the lack of a quorum. MOTION: Rascop moved, Zwak seconded to approve the audit of vouchers for payment for April. VOTE: Motion carried unanimously. B. March Financial Summary and Balance Sheet Nelson reviewed the March financial summary and balance sheet. MOTION: Gilman moved, Partyka seconded to accept the March financial summary and balance sheet. VOTE: Motion carried unanimously. C. Review of 3/31/97 meeting with Abdo, Abdo & Eick regarding 1996 audit. Nybeck reviewed the meeting held to discuss the draft 1996 audit. He noted the auditor recommended separating the equipment acquisition fund into two separate funds. Those were depreciation and the balance of contributions donated to purchase capital equipment for EWM program. Lake Minnetonka Conservation District Regular Board of Directors Meeting April 23, 1997 P~e9 e De MOTION: Rascop moved, Babcock seconded to establish two funds as recommended by the auditor. VOTE: Motion carried unanimously. Additional Business Nelson and Board members discussed whether there is non-prOfit status with "Save the Lake" donations. The Board directed staff to answer this question prior to sending the next solicitation letter out. EXECUTIVE DIRECTOR REPORT Nybeck reported on the following: 1. Letters from Steve Tallen and George Hoff have been included in the hand out folders regarding the Bill Hawks case. An update will be provided at the 5/28/97 Board meeting in executive session. Lake elevation level is 929.78' on 4/23/97. Partyka noted the dam has been opened and the level has been holding for the last several days. Record retention plans need be approved by the State Office of Administration before files can be disposed of and the record archival process can begin. He recommended all files in off-site storage in Wayzata need to be moved to the current office. He reviewed quotes to move the files. MOTION: Rascop moved, Partyka seconded to authorize the moving of the off- site storage from Wayzata to the Gray's Freshwater Center at $75 per hour, with a maximum of three hours. VOTE: Motion carried unanimously. Nybeck stated to accomplish this, shelving would need to be put in the storage room at the Gray's Freshwater Center. He recommended Board approval for this expenditure of up to $500 with Viking Business Interiors. MOTION: Foster moved, Partyka seconded to authorize the expenditure of up to $500 with Viking Business Interiors for shelving in the storage room. VOTE: Motion carried unanimously. MOTION: Gilman moved, Ambrose seconded to authorize disposal of the "Save the Lake" t-shirts. VOTE: Motion carded unanimously. Lake Minnetonka Conservation District Regular Board of Directors Meeting April 23, 1997 Page 10 10. OLD BUSINESS There was no old business. NEW BUSINESS Zwak announced his resignation from the LMCD effective immediately. Greenwood would appoint a replacement for the next Board meeting. ADJOURNMENT There being no further business, Chair Babcock adjourned the meeting at 9:40 p.m. He noted Douglas Babcock, Chair Joe Zwak, Secretary ,J, J II, ,IL, Comprehensive ImprOvement Assistance Program (CLAP) Federal Fiscal Year (FFY) 1997 Application Submission and Processing Information Notice PI]=I 97-21 (HA), ClAP Processing Notice, was issued May 6th, 1997, and was sent to all Public Housing Agencies. If you do not receive a copy of the Processing Notice by Friday, May 30th, 1997, you may request a copy and a package of forms by calling Debbie Kravik at (612) 370-3204. If you have access to the Internet, you can download a copy of the Notice of Funding Availability (NOFA) along with all the required forms at http://www.hud.gov/pih/97nofa, html under document FR 4186, Comprehensive Improvement Assistance Program. Application Preparation Planning - Assess all physical and lnanagement improvement needs. Resident Involvement Requirements - The ClAP regulations require the HA to establish a Partnership Process for rental developments which ensures full resident participation in the planning, implementation and monitoring of modernization programs with the residents. This includes: ao Consulting with residents and resident organizations and resident management corporations. Giving opportunity for residents to present their views. Providing written response to residents indicating acceptance or rejection of resident recommendations. Local Official Consultation Requirements - Consultation with local officials is required to address how the proposed modernization may be coordinated with any local plans for neighborhood revitalization, econo~nic development, drug eli~nination and expenditure of local funds. 2. 3. 4. 5. 6. Contents of the CIAP Application ClAP Application Form HUD.52822 Narrative Statement that addresses each of the technical review factors Form HUD-50071, Certification for Contracts, Grants, Loans and Cooperative Agreements SF-LLL, Disclosure of Lobbying Activities Form HUD-2880, Applicant/Recipient Update/Disclosure Report Optional: Photographs or video cassettes showing the physical condition of the developments APPLICATIONS ARE DUE IN THE MINNESOTA STATE OFFICE BY JUNE 30th, 1997 NO LAiR THAN 3:00 P.M. MOUND HOUSING AND REDEVELOPMENT AUTHORITY Indian Knoll Manor- S or - Senior Housing Vendor/Merchant Current Over 30 Da. Monthly Bill Totals - Dates Below Over 60 Da. Comments 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Sterne Electric 687.11 Glenwood Inglewood 13.42 Westonka Sanitation 155.93 N S P 1044.37 Sta Safe 644.96 Target 79.86 BFI 79.30 Coast to Coast 454.39 MN Dept of Econ 880.48 Electro Watchman 190.00 City of Mound 820.89 Minnegasco 1385.00 MEI 138.00 GTE 214.99 Paul Kronholm 2.92 Kopsa, Sylvester 81.00 NAHRO 120.00 Tony Shanley 160.00 Alan Bosshart 74.48 Karol Charon 17.44 Verified Credentials 60.00 IRS 550.00 Paul Kronholm 1348.31 Betty Kronholm 287.68 Karol Charon 974.02 Lisa Olson 346.50 COLUMN TOTALS TOTAL ACC. PAYABLE Begining Bank Bal. Deposits MTD Total Bank Funds ENDING BK. BALANCE INVESTED FUNDS TOTAL LIQUID ASSETS Repair outside lights door locks New vacuum unemployment fire alarm water/sewer commissioner training snow shoveling sec. dep refund seminar background checks contracted labor, lawn and painting $10,811.05 $0.00 $0.00 $10,811.05 $15,355.33 $8,342.8O $23,698.13 $12,887.08 $12,887.08 Signature: Month/Yr. May 12, 1997