The URL can be used to link to this page

1997-07-22AGENDA MOUND CITY COUNCIL TUESDAY, JULY 22, 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. OPEN MEETING - PLEDGE OF ALLEGIANCE. 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. PAGE o *CONSENT AGENDA: *A. APPROVE THE MINUTES OF THE JULY 8, 1997 REGULAR MEETING 2622-2628 *B. CASE 97-25: VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF DECK, PAUL TRUSHEIM, 5120 EDGEWATER DR., LOT 1, BLOCK 1, L.P. CREVIER'S, PID# 13-117-24 42 0001 ..................................... 2629-2641 *C. CASE 9%27: VARIANCE TO RECOGNIZE EXISTING NONCONFORMING REAR YARD SETBACK TO ALLOW CONSTRUCTION OF 3 SEASON PORCH, GREGORY SMITH AND MARY MCNEIL, 5054 BARTLETT BLVD., LOT 1 & 2, BLOCK 1, SHIRLEY HILLS UNIT D, PID# 24-117- 24 12 0043 & 0042 .................................... 2642-2657 *D. CASE 97-28: MINOR SUBDIVISION, 6607 BARTLETT BLVD., 6609 BARTLETT BLVD., REARRANGEMENT OF LOT LINE, JERRY & LOIS MADER, PID# 22-117-24 43 0041 ................................. 2658-2668 *E. CASE 97-29: VARIANCE TO IMPERVIOUS SURFACE TO ALLOW CONSTRUCTION OF DECK, 5959 IDLEWOOD ROAD, GLEN AND BRENDA ISAACSON, LOT 6, BLOCK 10, THE HIGHLANDS, PID# 23-117-24 42 004~669-2687 2619 6. 7. 8. Bo Co Do *F. CASE 97-30: SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A DECK, 1641 GULL LANE, CHRIS ALVAREZ AND BRENDA BEDELL, LOT 11 & 12, BLOCK 12, WOODLAND POINT, P/D//13-11744 12 0202 ................................. 2688-2698 *G. PAYMENT OF BILLS .................................. 2699-2712 CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT, WESTONKA SCHOOLS, SHIRLEY HILLS ADDITION. (PLEASE NOTE: THIS HEARING SHOULD BE CONTINUED UNTIL A DATE CERTAIN DUE TO THE CURRENT STUDY UNDERWAY REGARDING THE FEASIBILITY OF RENOVATING THE EXISTING WESTONKA COMMUNITY CENTER. SUGGESTED DATE: AUGUST 26, 1997.) COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. APPROVAL OF FINAL PLAT, MAPLE MANORS, JOE ZYLMAN .......... 2713-2807 APPROVAL OF CONSERVATION EASEMENTS, TEAL POINTE SUBDIVISION . 2808-2826 RESOLUTION AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT ........... 2827-2828 _INFORMATION/MiSCELLANEOUS. FINANCIAL REPORT FOR JUNE, 1997 AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR .............................. 2829-2830 WE HAVE RECEIVED VERBAL COMMUNICATION FROM THE MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) THAT THE PROPOSED COOPERATIVE AGREEMENT THAT YOU RECENTLY APPROVED HAS BEEN APPROVED BY THE MCWD AT THEIR MEETING OF JULY 10, 1997. WE ARE AWAITING RECEIPT OF THE APPROVED DOCUMENT. IN ADDITION, PLEASE NOTE THAT UNDER ITEM//6 ABOVE, THE MCWD HAS EASED ITS REQUIREMENTS REGARDING COOPERATIVE AGREEMENTS SINCE THEY RECENTLY ESTABLISHED A TASK FORCE TO STUDY RULE B. NOTICE REGARDING THE JOINT MINNETRISTA/MOUND CITY COUNCIL MEETING OF JULY 24, 1997, 7:30 P.M., MOUND CITY HALL. THE AGENDA WILL MAINLY FOCUS ON THE POSSIBLE RENOVATION OF THE WESTONKA COMMUNITY CENTER. IF WE HAVE TIME, THERE MAY BE OTHER ISSUES YOU WOULD LIKE TO DISCUSS I,E., COMPOST SITE, ETC. THE JOINT COMMITTEE STUDYING THE POSSIBLE RENOVATION WILL ALSO BE ATTENDING ............... 2831 A COPY OF THE MINUTES OF THE WESTONKA SCHOOL BOARD REFERRING TO A DISCUSSION THEY HAD AT THEIR JULY 14, 1997 SCHOOL BOARD MEETING ASKING THAT THE CITY OF MOUND GIVE A COMMITMENT REGARDING THE SALE OF THE LYNWOOD SITE AND AN ADDITION TO SHIRLEY HILLS IF A SURVEY, TO BE DONE BY DECISION RESOURCES, COMES BACK WITH A NEGATIVE RESPONSE. THE - 2620 Go Ho MINUTES DO NOT REFLECT WHAT THE ACTUAL DISCUSSION WAS SO YOU MAY WANT TO VIEW A TAPE OF THE MEETING VIA CHANNEL 20. I ALSO HAVE A COPY OF THE TAPE FROM THAT PORTION OF THE MEETING IF YOU DO NOT HAVE CABLE OR THE OPPORTUNITY TO VIEW IT ............................................... 2832 PARK AND OPEN SPACE COMMISSION MINUTES OF JULY 10,1997 ...... 2833-2835 INFORMATION FROM THE NATIONAL LEAGUE OF CITIES (NLC) RE: ANNUAL CONFERENCE TO BE HELD DECEMBER 2-6, 1997, PHILADELPHIA. IF YOU ARE INTERESTED IN ATTENDING, PLEASE LET FRAN KNOW ASAP .................................... 2836-2848 MEMO AND LETTER FROM LEE GUSTAFSON, CITY ENGINEER, MINNETONKA INDICATING THAT ED SHUKLE, CITY MANAGER, HAS BEEN APPOINTED TO SERVE ON THE STEERING COMMITTEE RE: MCWD .... 2849+2850 REMINDER: JOINT CITY COUNCIL MEETING WITH MINNETRISTA ALONG WITH JOINT COMMITTEE STUDYING WESTONKA COMMUNITY CENTER RENOVATION, THURSDAY, JULY 24, 1997, 7:30 P.M., MOUND CITY HALL. 2621 Mound City Council Minutes o July $, 1997 MINUTES - MOUND CITY COUNCIL - APRIL 8, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 8, 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, and Leah Weycker. Councilmember Liz Jensen was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Engineer John Cameron, Building Official Jon Sutherland City Clerk Fran Clark and the following interested citizens: John Royer, Bill & Dorothy Netka, Mike Mueller, Steve & Debbie Grand, Mark Jorland, Tom Elliott, and Jeanette Ford. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent .4genda: 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. OPEN MEETING - PLEDGE OF ALLEGIANCE. 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: MOTION made by Ahrens, seconded by Hanus to approve the Consent Agenda, pas presented. The vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUTES OF THE JUNE 24, 1997 REGULAR MEETINC. MOTION Ahrens, Hanus, unanimously. *1.1 PERMISSION TO USE MOUND BAY PARK FOR A BASS TOURNAMENT WEIGH-IN, SUNDAY, SEPTEMBER 21, 1997, OPERATION BASS RED MAN EVENT. MOTION Ahrens, Hanus, unanimously. Mound City Council Minutes - July 8, 1997 '1.2 PUBLIC LANDS PERMITS - BATCH 10. Batch # 10 Public Land Permits Dock & Commons Commission 6/19/97 City Council 7/8/97 ,CONDITIONS OF APPROVAL Susan Manchester BUILDING OFFICIAL -SHED NO ACTION AT THIS TIME CONTACTED - YES - ELECTRIC (LT. APPROVAL PENDING ST. ELEC. INSPECTION* OL) - RETAINING ACCEPTABLE CONDITION WALL ~PPROVE - LAWN SPRINKLER '~, PIPE 43727 4877 ISLAND VIEW DR - STAIRWAY WITH STAIRWAY ACCEPTABLE Collins Gertstner 6 X 14' DECK NO ACTION AT THIS TIME - SHED NO ACTION AT THIS TIME CONTACTED YES 43770 4909 ISLAND VIEW DR - STAIRWAY MINOR REPAIRS - STAIRWAY SUBJECT TO APPROVAL BY Mike & Martha Mason BUILDING OFFICIAL CONTACTED - YES - RETAINING WALL ACCEPTABLE CONDITION - ELECTRIC ACCEPTABLE CONDITION 43800 4913 ISLAND VIEW DR - STAIRWAY ACCEPTABLE CONDITION Kevin Hetchler - RETAINING WALL ~,CCEPTABLE CONDITION CONTACTED - YES - ELECTRIC LIGHT, OUTLET APPROVAL PENDING STATE ELE. (LT.OT.) INSPECTOR* 43840 4917 ISLAND VIEW DR - STAIRWAY ACCEPTABLE CONDITION Lewis Caster - RETAINING ACCEPTABLE CONDITION WALLS ~,CCEPTABLE CONDITION CONTACTED - YES - VEGETATION COULD NOT FIND - APPLICANT TO VERIFY LOCATION & - ELECTRIC VERIFY STATE ELE. INSPECTION IS COMPLETE* 43882 4921 ISLAND VIEW DR - STAIRWAY ACCEPTABLE CONDITION Edward Mader - RETAINING ACCEPTABLE CONDITION Jennifer Baulder WALL CONTACTED - YES 43942 4925 ISLAND VIEW DR - STAIRWAY APPROVE PERMIT TO REPLACE DILAPIDATED STAIRWAY, A. H. Empson HOLD DOCK PERMIT UNTIL NEW STAIRS APPROVED BY CONTACTED - YES BUILDING OFFICIAL - RETAINING NEEDS MINOR REPAIRS - SUBJECT TO BUILDING OFFICIAL WALLS APPROVAL 2 Mound City Council Minutes - July 8, 1997 44002 4931 ISLAND VIEW DR - STAIRWAY POOR TRANSITION FROM WOOD TO METAL THAT GOES Niel Sprague OVER RIP RAP TO DOCK, MODIFY SUBJECT TO APPROVAL CONTACTED - YES BY BUILDING OFFICIAL 44097 4937 ISLAND VIEW DR - STAIRWAY REPAIR STAIR LANDING & GUARDRAIL SUBJECT TO Charles Capron APPROVAL OF BUILDING OFFICIAL CONTACTED - YES - ELECTRIC LT, ELECTRICAL APPROVAL PENDING STATE ELE. & PUMP INSPECTION* 44160 JANE MCLANE - STAIRWAY MINOR REPAIRS TO STAIRWAY SUBJECT TO APPROVAL 4941 ISLAND VIEW OF BLDG. OFF. DRIVE - FLAT PAVERS ACCEPTABLE CONDITION CONTACTED - YES ON INCLINE 44193 4945 ISLAND VIEW DR - STAIRWAY ACCEPTABLE CONDITION ' ' Jim Jaquin ~ BOATHOUSE NO ACTION AT THIS TIME CONTACTED - YES - DECK NO ACTION AT THIS TIME - ELE. LIGHTS APPROVE PENDING STATE ELE. INSPECTOR* OUTLET 44243 4949 ISLAND VIEW DR - STAIRWAY ACCEPTABLE CONDITION John Tucker CONTACTED - YES 44408 4957 ISLAND VIEW DR - LOW VOLT LTG. APPROVAL PENDING STATE ELE. INSPECTOR* Ronald Norstrem CONTACTED - YES All electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on the public land. All power supply to the abutting property must be properly disconnected until such work is approved by the City Council. The applicant must verify disconnection with staff. The Building Official submitted a memo and reported that Mr. Empson, Dock Site #43942 has agreed to the Staff recommendation. He added that on Dock #4937, Mr. Capron has agreed to removing the pump. The Building Official reported that Mr. Capron has asked that the City help him remove the pump because he has a back injury. MOTION Ahrens, Hanus, unanimously. Mound City Council Minutes - July 8, 1997 '1.3 PAYMENT OF BILLS MOTION Ahrens, Hanus, unanimously. 1.4 DISCUSSION/BID AWARD: PROPOSED IMPROVEMENTS TO SHERWOOD DRIVE. The City Manager reported that the residents of Sherwood Drive have been notified of the revised increase in the proposed assessment. The Iow bid of Buffalo Bituminous is 11% over the estimated construction cost which has increased the proposed assessment. The City Engineer does not believe that rebidding the project at this time of year would reduce the cost enough to off-set the additional expense. Mark Jorland, 5549 Sherwood Drive, asked if there were any options other than paying the extra amount. The City Engineer stated there are no options at this time. Mr. Jorland was st~.in favor of having the street reconstructed. Tom EIliott, 5574 Sherwood Drive, stated that he just purchased this property a few weeks ago. He did not feel the reconstruction is necessary, because he has no water problem. Jeanette Ford, 5598 Sherwood Drive, was concerned about disturbing her yard and flowers ! this project is approved. The Council discussed the pros and cons of rebidding this project. Hanus moved and Weycker seconded the following resolution: RESOLUTION #97-64 RESOLUTION ACCEPTING THE BID OF BUFFALO BITUMINOUS FOR THE RECONSTRUCTION OF SHERWOOD DRIVE, IN THE AMOUNT OF $32,777.50 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT The vote was unanimously in favor. Motion carried. 1.5 REQUEST FROM CENTRAL BUSINESS DISTRICT (CBD) PARKING PARTICIPANTS REGARDING PROPOSED DIRECTION ON FUTURE CBD PARKING PROGRAM, The City Manager explained that at the last Committee of the Whole Meeting, there was discussion regarding the future of the CBD Parking Maintenance Program. At that time, Bruce Chamberlain, Economic Development Coordinator put together a memo summarizing his analysis of the CBD Program and what he saw as future needs for parking in the downtown area. As a result of that discussion, the Council direction was to meet with the CBD Parking participants and talk about the City's desire to discontinue the CBD Parking Program, as we know it today, effective June 30, 1998 Then it would be up to the CBD property owners who provide parking and those who do not have parking to figure out how they will accommodate the public parking needs in the downtown area. Mound CiO, Council Minutes - July 8, 1997 ~Sometime in the future, the City could pick-up some property to add to its existing municipal lots. The City Manager reported that a meeting was held with CBD parking participants and as a result of that meeting, they have requested that the parking program be extended until County Road 15 is realigned. The realignment is expected, at the earliest, in the year 2000. Their concerns relate to properties that are currently providing the parking and how they are going to divvy up what's going to be used as parking space and how you would get access to and from the parking lots. They felt it would be easier to make the split once the road is realigned. The CBD participants were unanimous about the lease credits or payments being picked up by the City of Mound general fund and the only costs that the participants would have would be the 1/4 snowplowing. The City Manager stated that Councilmember Jensen asked that this item be held over until she could be in attendance. She is not in favor of continuing the CBD Parking Program and felt it should be discontinued next June. Mike Mueller, owner of Tonka West Shopping Center, stated that he and Mr. Lansing, co-owner of the property, feel that the CBD Parking Program works very well. They have adequate parking. Some of the participants are opposed to paying for the leases. He stated it is his understanding that the City will be paying the leases for the next year, but he would still like to see the program continue. He stated that if they get no money for the leases and use of the lots, they would have to privatize it for use by their tenants only. Bill Netka, owner of 2313 Commerce Blvd., stated that he feels the CBD has runs its term and something new should be done now. He stated he is in favor of discontinuing the Program in June of 1998. The Council discussed waiting until the realignment of County Road 15. The City Manager reported that Hennepin County has now put the realignment of County Road 15 on a more permanent capital improvement program list where before it was on a provisional list. This permanent list still indicates that the improvement is scheduled for the year 2000 at the earliest. By extending the program until County Road 15 is realigned may mean only another 2 years of the program. MOTION made by Polston, seconded by Ahrens that the City of Mound general fund pay the lease credits for parking to the providers of parking in the CBD District for the years 1998 and 1999. The only costs assessed to the participants of the CBD District will be 1/4 of the snowplowing. The CBD Parking Program is to end June 30, 2000. The vote was unanimously in favor. Motion carried. 1.6 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. Steve Grand, 2620 Kerry Lane complained about a builder, Mr. Tom Stokes, Fineline Design/Brenshell Homes, who is building a home next to his. They pumped 3 feet of mud out of the basement onto the street in front of his home. The Council asked that Staff handle the problem and make sure it does not happen again. 1.7 DISCUSSION: Mound City Council Minutes - July 8, 1997 PROPOSED ORDINANCE AMENDING SECTION 235:27, SUBD. 1 OF THE CITY CODE RELATING TO RECREATIONAL FIRES The Council reviewed the amendment that was prepared suggestions were made to the proposed amendment: by the City Attorney. The following ~ .... ;,,,, D,,,~,~;+~,~ Permit Required Except for supervised recreational fires Subd. 1. Opc~ ........ ~ ............ · as defined in Subdivision 2, or gas or charcoal cookin(~ grills,. .... Subd. 2,. .......... subsection 3. which fuel is contained entirely within either a fire rinq comprised of non-combustible material, incinerator, fixed or portable outdoor fireplace or barbecue pit Subd. 2. subsection 4. which container has a total horizontal surface Subs. 2, subsection 6. The Council also discussed Section 920 of the City Code and asked that this be clarified and incorporated into this amendment as a repealer or otherwise. The Council referred this item back to the City Attorney for the above corrections. No action taken. 1.8 APPROVAL OF AGREEMENT WITH WESTONKA HELPING YOUTH 0NHY) AND/OR FAMILY SERVICES COLLABORATIVE RE: REQUEST TO SELL CONCESSIONS AT MOUND BAY PARK DEPOT MOTION made by Polston, seconded by Hanus to approve the request by Westonka Helping Youth (WHY)/Family Services Collaborative to sell concessions at the Mound Bay Park Depot on Wednesdays starting July 23, 1997 through August 20, 1997, from noon to 8:00 P.M. A damage deposit of $200.00 will be required. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for June, 1997. B. L.M.C.D. Representative's Monthly Report for June, 1997. C. L.M.C.D. Adopted Budget for 1998 D. Letter from Douglas Dion, 4937 Bartlett Blvd. Re: unkempt property. Joint Committee Studying the Renovation of the Westonka Community Center will be meeting Wednesday, July 9, 1997, 7:00 A.M., Mound City Hall. Mou/M Cir~ Council Minutes - July 8, 1997 REMINDER: NO Committee of the Whole on July 15, 1997. G. REMINDER: HRA Meeting, Tuesday, JULY 8, 1997, 7:00 P.M. 1.9 JOINT MEETING OF MINNETRISTA CITY COUNCIL AND MOUND CITY COUNCIl . City of Minnetrista has requested a Joint Meeting of their City Council and the City Council of Mound. Proposed date is Thursday, July 24, 1997, 7:30 P.M., Mound City Hall. The Council agreed. MOTION made by Ahrens, seconded by Weycker to adjourn at 9:15 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager ~Attest: City Clerk PROPOSED RESOLUTION 97- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF DECK, 5120 EDGEWATER DRIVE, LOT 1, BLOCK 1, L.P. CREVIERS, PID//13-117-24 42 0001 P & Z CASE//97-25 WHEREAS, the applicant has requested a variance to nonconforming setbacks for the house and garage to allow the an existing of a deck. Existing Required House side yard 1.5' 6' Garage side yard 1.6' 4' Garage front yard 7.5' 20' 4.5' 2.4' 12.5' WHEREAS, homeowner obtaining of the deck and interior permits, and have begun without the WHEREAS, the located in the R-1 Family Zone, and WHEREAS, the front yard along Lane is 10', and WHEREAS, at this time, the for vehicular use and pedestrian foot use well into the foreseeable furore, and has no to pave the unimproved Fairview Lane dock will likely continue as the primary WHEREAS, improvements include a deck and entryway and interior remodeling, and WHEREAS, staff feels that a normal use and enjoyment of the house is in good condition and appears is present that would deprive the owner afforded to similar properties in the area. The it will remain a iable residence for some time, and WHEREAS, the setbacks existed since the existing condition. The deck nuprovements will improve built, the situation is a pre- livability of the home. NOW, THEREFORE ~ IT RESOLVED, that the City Council of the City of Mound hereby approves the setback~ariances to allow the construction of a conforming deck and interior improvements to tl~ dwelling, with the following conditions. 1. A double permit fee be required for the work in process. REVISED PROPOSED RESOLUTION 97- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF DECK, 5120 EDGEWATER DRIVE, LOT 1, BLOCK 1, L.P. CREVIERS, PID #13-117-24 42 0001 P & Z CASE g97-25 WHEREAS, the applicant has requested a variance to recognize an existing nonconforming setbacks for the house and garage to allow the construction of a deck. Existing Required Variance House side yard 1.5' 6' 4.5' Garage side yard 1.6' 4' 2.4' Garage front yard 7.5' 20' 12.5' WHEREAS, construction of the deck and interior remodeling have begun without the homeowner obtaining proper building permits, and WHEREAS, the property is located in the R-1 Single Family Zone, and WHEREAS, the front yard setback along Fairview Lane is 10', and WHEREAS, at this time, the City has no plans to pave the unimproved Fairview Lane for vehicular use and pedestrian foot traffic to the boat dock will likely continue as the primary use well into the foreseeable future, and and WHEREAS, improvements include a new deck and entryway and interior remodeling, WHEREAS, staff feels that a practical difficulty is present that would deprive the owner normal use and enjoyment of the property afforded to other similar properties in the area. The house is in good condition and appears that it will remain a viable residence for some time, and WHEREAS, the setbacks have existed since the home was built, the situation is a pre- existing condition. The deck and improvements will improve the livability of the home, and WHEREAS, staff recommends approval and the Planning Commission recommends approval by vote of 6-1. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mound hereby approves the setback variances to allow the construction of a conforming deck and interior improvements to the dwelling, with the following conditions. Proposed Resolution Trusheim July 22, 1997 Page 2 1. A double permit fee be required for the work in process. 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, Councilmember. and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Proposed Resolution Trusheim July 22, 1997 Page 2 This shall be recorded with Titles in County pursuant Subdivision (1). is shall be be used. Recorder or the Registrar of State Statute, Section 462.36, a restriction on how this property may The property owner Hennepin County and the subject shall with the City ~r~. The foregoing res~l~ition was moved by Councilmember. The fo~ Councilmembers voted in the .~ollowing Councilmembers voted in the negative: the responsibility of filing this resolution with costs for such recording. A building permit for issued until proof of recording has been filed and seconded by Minutes - Mound Planning Commission July 14, 1997 #97-25: VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF DECK, PAUL TRUSHEIM, 5120 EDGEWATER DR., LOT 1, BLOCK 1, L.P. CREVIER'S, PID #13-117-24 42 0001. Assistant City Planner, Loren Gordon, reviewed the case. The applicant, Paul Trusheim, 5120 Edgewater Drive, is applying for a variance to recognize the existing setbacks of his house and garage structures. The home is nonconforming due to the side yard setback that exists of 1.5' and the garage setback is 1.6' to the side and 7.5' to the front yard. He did mention that construction is currently under way. The deck under construction mimics the site plan and drawings that the applicant submitted to staff. The yard setbacks would be 6.2' for the side yard, 10.8' for the front yard and 60.2' for the rear yard. These conform to zoning requirements for the R-lA district and the Shoreland Management Ordinance. The deck is wood construction with 1/4" plank spacing which precludes it from hardcover calculations. The lot is considered a coruer lot even though Fairview Lane is not improved. The front yard setback along Fairview is 10'. At this point, the City has no plans to improve Fairview Lane for vehicular use. Pedestrian foot traffic to the boat dock will likely continue as the primary use. Interior improvements to the house are noted on the construction drawings. A number of updates are planned including a kitchen remodeling, new entryway, electrical outlets, new windows in the front, new interior wall and lighting. Staff feels that a practical difficulty is present that would deprive the owner normal use of the property. The house is in good condition and appears that it will remain a viable residence for some time. The current existing setbacks occurred when the home was built. Staff recommends the Planning Commission recommend approval of the variances. Granting the variance will allow the staff to review the construction and ensure it meets all applicable code requirements. Chair Michael asked if the Commission had comments or questions. Mueller commented about the lakeside patio on the shoreline. Gordon stated this patio was not addressed in the variance request. The patio is less than 250 square feet, which is acceptable, and a permit is not needed. Staff can address the setback issue at any time without recommendation by the Commission to correct the situation. MOTION by Clapsaddle, seconded by Burma, to recommend approval of the requested variances to allow construction of a deck and interior remodeling. Commissioner Comments: 2 Minutes - Mound Planning Commission July 14, 1997 make him pay double fee and he has what he wants. Weiland stated something needs to be done regarding the way this building approach is handled, the penalty is not strong enough. The vote was called, the motion carried 6-1, Weiland voting nay. VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 jUN ~ppl'i~atlon:.::F~e: ~ o., $100. O0 (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: Distribution: ~y-;~ '7-~7 City Planner DNR ,, City Engineer Other /, Public Works SUBJECT Address 5"120 ~_~bEI,,.~,T~.Ie.. k~le.l~/~_. PROPERTY Lot ~ Block LEGAL Subdivision DESC. PID# % ~ - B,"i - 2~- 42. - OOO ~ Plat # ZONING DISTRICT R-1 R-lA R-2 R-3 B-1 B-2 PROPERTY Name J~Ac.I t-. OWNER Address ~'I2P ~_..I~'~--I~TF-~ J)P-.IV~--. Phone (H) 472.-~'11t~ (w) 4-76-14S-G (M) APPLICANT Name (IF OTHER Address THAN Phone (H) (W) (M) OWNER) 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. 1'40 Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ~ (Rev. 1/14/97) Variance Application, P. 2 I ,, ~lL Case No. ~"~2- & ~ Do the existing structures comply with 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, 16t area, etc.): 5~DE SETBACKS: REQUIRED REQUESTED (or existing) VARIANCE Front Yard: Side Yard: Side Yard: Rear Yard: Lakeside: (NSEW) (NSEW) (NSEW) (NSEW) (NSEW) : (NSEW) Street Frontage: Lot Size: Hardcover: 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: o 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 ( ) topography ( ) soil ( ) too small ( ) drainage ~ existing situation ( ) too shallow ( ) shape ( ) other: specify describe: (Rev. 1/14/97) Variance Application, P. 3 Case No. 6]'-7. ~_5 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: o 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 Date CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: .~' OWNER'S NAME: ?~"~ LOT AREA Co~)O~t SQ. FT. X 30% = (for all lots) .............. I 3.O41 LOT AREA GISOz~ SQ. FT. X 40% = (for Lots of Record*) ....... LOT AREA (o~5~)~j SQ. FT. X 15% = (for detached buildings only) . . *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER LENGTH WIDTH SQ FT X = TOTAL HOUSE ......................... ~-~ X t~,~ = 3~B. ~ X = TOTA~L~,D ETAC H E D BL.D~ S .......... .... ~.$ X ~.~ = ~ ~ ~ :33 tO X ; = ~O m x ~ = ~ ?,r ~.~ t~,~ TOTAL DRIVEWAY, ETC .................. %8~ X t3,~ = t~3.38 4, ~,'/ X 3,~ = TOTAL DECK .......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER / OVER (indicate difference) ............................... PREPARED BY ~=¢:~,~UL- ]~, -['~~Et~ DATE · · :, .... ,. ,,,,-.-, .. . .~'.~ .~,,~' ,~ · CITY OF MOUND - ZONING INFORMATION SttEET ADDR~SS~_~'/C~ LOT OF RECORD? YES I NO YARD ] DIRECTION HOUSE ......... ZONING DISTRICT. LOT SIZE/WIDTH: R1 10,000/60 B1 7,500/0 6,000/40 B: :0.000/80 o,ooo/ o R~ 14,000/80 R3 S~ ORD. I1 30,000/100 FRONT EXISTING LOT SIZE: '. ooo - LOT WIDTH: LOT DEPTH: l N S E W REQUIRED FRONT N S E W SIDE N S E W ~/T' SIDE N S E W t/~/'~ ' EXISTING/PROPOSED ~E^R N S E w ~ LAKE .' N S E W 50' TOP OF BLUFF 10' OR 30' GARAGE, SllED ..... DETACHED BUILDINGS FRONT N S E W ~ FRONT N S E W SIDE N S E W 4' OR 6' VARIANCE { 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' ? liARDCOVER 30% OR 40% CONFORMING? YES [BY: ]DATED: ] 'l'hi,~ Zoning Informalion Sheet only summarizes a portion of the requirements outlined in the Cily of Mound Zoning Ordinance. For further information, conlact the City of Mound Planning Department at 472-0600. ,~ ~ ~. ~ (H RRISONS k~k~Al~ LI~COLH ADDI¥10~ ¥0 LAKESIDE PARK" PROPOSED RESOLUTION//97- REVISED RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE A NONCONFORMING REAR YARD SETBACK TO ALLOW CONSTRUCTION OF TWO CONFORMING ADDITIONS, 5054 BARTLETT BLVD., LOT 1 & 2, BLOCK 1, SHIRLEY HII,LS ADDITION UNIT D, PID 24-11%24 12 0043 & 0042 P & Z ~7-27 WHEREAS, the property owner at 5054 Bartlett Blvd, zoned R-l, Single Family Residential, has applied for a variance to recognize a rear yard setback to allow the construction of two conforming additions to the home, the variance is as follows, and ~ Required Variance Rear Yard 10.5 15' 4.5' WHEREAS, there are two additions proposed for the home: a 13' x 13' three season porch on the west side (Fairview Lane) and a 23.5' x 6.5' open porch for the south side (Bartlett Blvd.), and WHEREAS, the proposed three season porch would decrease the front yard setback of 110' to 97' and the side yard setbacks would not be affected and the proposed open porch would not decrease the established side or rear yard setbacks, and WHEREAS, it is surmised by staff that the owner finds a practical difficulty that would deprive the owner normal use and enjoyment of the property, and WHEREAS, staff recommends approval and the Planning Commission, by vote of 7-0, recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to approve a 4.5' rear yard setback variance to allow the construction of a 13' x 13' three season porch and a 23.5' x 6.5' open porch. 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 fLling 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, Councilmember. and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: PROPOSED RESOLUTION ~D7- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE A NONCONFORMING REAR YARD SETBACK TO ALLOW CONSTRUCTION OF TWO CONFORMING ADDITIONS, 5054 BARTLETT BLVD., LOT 1 & 2, BLOCK 1, SHIRLEY HILLS ADDITION UNIT D, P1D 24-117-24 12 0043 & 0042 P & Z//97-27 Residential, has of two conforming the property owner at 5054 Bartlett for a variance to recognize a rear yard to the home, the variance is as R-I, Single Family allow the construction and Rear Yard Existing 10.5 Variance 15' 4.5' WHEREAS, there are porch on the west side (Bartlett Blvd.), and additions Lane) and a the home: a 13' x 13' three season x 6.5' open porch for the south side WHEREAS, the proposed 110' to 97' and the side yard setbacks not decrease the established side or rear would decrease the from yard setback of be affected and the proposed open porch would setbacks, and WHEREAS, it is surmi~ deprive the owner normal use and at the owner finds a practical difficulty that would the property. NOW, THEREFORE, Minnesota, to approve a 4.5' three season porch and a 23. yard setback x 6.5' open porch. by the City Council of the City of Mound, to allow the construction of a 13' x 13' This variance shall be County pursuant to M considered a with the County State Statute, Section how this property may be or the Registrar of Titles in Hennepin .36, Subdivision (1). This shall be The property and paying all co be issued umil have the responsibility of filing thi: for such recording. A building permit for of recording has been filed with the City with Hennepin County subject construction shall not The :going resolution was moved by Councilmember. and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Minutes - Mound Planning Commission July 14, 1997 #97-27: VARIANCE TO RECOGNIZE EXISTING NONCONFORMING REAR YARD SETBACK TO ALLOW CONSTRUCTION OF 3 SEASON PORCH, GREGORY SMITH AND MARY MCNEIL, 5054 BARTLETT BLVD., LOT 1 & 2, BLOCK 1, SHIRLEY HILLS UNIT D, PID 24-117-24 12 0043 & 0042. Assistant City Planner, Loren Gordon, reviewed this case. The property owner at 5054 Bartlett Blvd. has submitted a variance application to build two additions to a nonconforming house. The home is defined as nonconforming due to the rear yard setback. Applicable yard setbacks and variances include the following: Existing Required Variance Rear Yard 10.5' 15' 4.5' The property is a corner lot with three street frontages including Bartlett Blvd., Fairview Lane, and Chateau Lane. For zoning purposes, the front yard of the lot is along Fairview, although the front of the house faces Bartlett. The rear yard abuts the side yard of the adjacent property. The property is located in the R-1 Single Family Residential zone. There are two additions proposed for the home. A 13' x 13', 3-season porch is proposed on the west side (Fairview) and a 23.5' x 6.5' open porch is planned for the south side (Bartlett). The proposed 3-season porch would decrease the front yard setback to 97' from 110'. Side yard setbacks would not be affected. The proposed open porch would not decrease the established side or rear yard setbacks. COMMENTS: A variance can be granted in Mound only on the basis of a finding of hardship or practical difficulty. Staff feels that a practical difficulty is present that would deprive the owner normal use and enjoyment of the property afforded to other similar properties in the area. The house is in good condition and appears that it will remain a viable residence for some time. Because of the relative size of the lot, the additions should not negatively impact the adjacent properties. Yard separation from the house to the east will not increase with the proposed construction. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of a 4.5' rear yard variance. The request is consistent with the Spirit and Intent of the Zoning Code and will not detriment the character neighborhood. Questions of Commissioners: Clapsaddle commented the site plan was a sketch by the owner and there is room for error. The 4 Minutes - Mound Planning Commission July 14, 1997 applicant, Mr. Smith, stated he measured accurately and that he had found the markers and strung a line. Building Official, Jon Sutherland, stated he had worked with the applicant on the application and the applicant offered to combine the two lots his home is on into one lot. Mueller stated he found it hard to know who put lot stakes in, by a registered surveyor or by someone else. Sutherland stated staff was comfortable with the stake locations. Mueller felt a survey should always be required to truly define lot lines. Sutherland stated the survey requirement is flexible depending each situation. He continued that the applicant is not building into the setbacks in this case. MOTION by Voss, seconded by Weiland to recommend approval of variance to recognize existing nonconforming rear yard setback to allow the construction of a conforming 3 season 13' x 13' porch and an open 23.5' x 6.5' porch. Commissioner Comments: Voss stated that if the staff can assure lot measurements are accurate, a survey should not always be required. Mueller stated staff should be consistent. The vote was called, the motion carried unanimously, 7-0. PLANNING REPORT Hoisington Koegler Group Inc. [I11 TO: Mound Planning Commission and Staff FROM: Loren Gordon, AICP DATE: July 14, 1997 SUBJECT: Nonconforming Structure Variance Request CASE NUMBER: 97-27 HKG FILE NUMBER: 97-50 LOCATION: 5054 Bartlett Blvd. EXISTING ZONING: Single Family Residential (R-I) COMPREHENSIVE PLAN: Residential BACKGROUND: The property owner at 5120 Edgewater Drive has submitted a variance application to build two additions to a nonconforming house. The home is defined as nonconforming due to the rear yard setback. Applicable yard setbacks and variances include the following: Existing Required Variance Rear Yard 10.5' 15' 4.5' The property is a comer lot with three street frontages including Bartlett Blvd., Fairview Lane, and Chateau Lane. For zoning purposes, the front yard of the lot is along Fairview, although the front of the house faces Bartlett. The rear yard abuts the side yard of the adjacent property. Them are two additions proposed for the home. A 13' x 13', 3-season porch is proposed on the west side (Fairview) and a 23.5' x 6.5' open porch is planned for the south side (Bartlett). The proposed 3-season porch would decrease the front yard setback to 97' from 110'. Side yard setbacks would not be affected. The proposed open porch would not decrease the established side or rear yard setbacks. COMMENTS: A variance can be granted in Mound only on the basis of a finding of hardship or practical difficulty. The Under the Mound Code, variances may be granted only in the event that the following circumstances exist (Section 350:530): Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from 16t size or shape, topography, or other circumstances over which the owners of property since enactment of 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 the ordinance have no control. The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. Co That the special conditions or circumstances do not result from the actions of the applicant. That granting of the variance request will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. E. The variance requested is the minimum variance which would alleviate the hardship. F. The variance would not be materially detrimental to the purpose of this Ordinance or to property in the same zone. Staff feels that a practical difficulty is present that would deprive the owner normal use and enjoyment of the property afforded to other similar properties in the area. The house is in good condition and appears that it will remain a viable residence for some time. Because of the relative size of the lot, the additions should not negatively impact the adjacent properties. Yard separation from the house to the east will not increase with the proposed construction. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of a 4.5' rear yard variance. The request is consistent with the Spirit and Intent of the Zoning Code and will not detriment the character neighborhood. VARIANCE APPLICATION CITY OF MOUND PAID $341 Maywood Road, Mound, MN $$364 Phone: 472-0600, Fax: 472-0620 J U [~ [ 0 1997 O ITYJqSi51Mt[tl~I I~ee: $100.00 (FOR OFFICE USE ONLY) Planning Commission Date: ,~k~l,-~ [g~ [~ Case No. City Council Date: .~L}L.~ ~ Distribution: 69 -o27-ct 7 City Planner DNR Jr City Engineer Other t, Public Works SUBJECT Address ~t~l-~ ~:~~~'~T'" PROPERTY Lot ~ ~'4-.1~ [7:'~ Block LEGAL Subdivision .~t- [ ~ I~--:;xl~' ~1-~[ [.~[~-~ [~) ~,.~ ~"~ ~) DESC. miD# Zq 'lt'7--2-q-/z-oo'4 /c q Plat# ~ R-iA R-2 R-3 B~I B-2 B-3 ZONING DISTRICT PROPERTY Name ~.._~'~__~-~ '~',.~:,1'~ I"~]M~. ~.)~x"~ OWNER Addre}s '.1~~ ~.~]~.'~_ l::=~.'~ ~;:~VI~ Phone (H)~'77_-'-~'~/'~ (W) ~'~3'-I~)~ ~ (M) APPLICANT Name (IF OTHER Address THAN Phone (H). (W) (M) OWNER) Has an application ever been made for~m~ng, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, (x~fio. 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 ,. No. o Do the existing structures comply with all ,are~n~ eight, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (off'. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQUIRED REQUESTED (or existing) VARIANCE Front Yard: ( N S E W ) fl. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. fl. Rear Yard: ((~DS~W) /~ ft. /~. ~ fl. ~.~,~-' fl. Lakeside: ( N S E W ) fl. ft. fl. : (NSEW) fl. ft. fl. Street Frontage: fl. fl. fl. Lot Size: sq fl sq ft sq ft Hardcover: sq ft .sq fl sq fl Does the present'of the property conform to all regulations for the zoning district in which it is located? Yes (~5, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) so/it/ ( ) too small ( ) drainage (O4xisting situation ( ) too shallow ( ) shape ( ) other: specify Please describe: (Rev. 1/14/97) Variance Application, P. 3 Case No. q~'~..'~ Was the hardship described above created by the action of anyone/h~ving property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~ If yes, explain: Was the)~trdship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain: Are the conditions of hard~ for which you request a variance peculiar only to the property described in this petition? Yes 6~, 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 may be required by law. Owner's Signature Applicant's Signature ~ll~q~ (Rev. l/14/97) Date Date CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) IIPROPERTY ADDRESS: OWNER'S NAME: ~~~ LOT AREA.~, LOT AREA SQ. FT. X 40% = (for Lots of Record*) LOT AREA SQ. FT. X 15% = (for detached buildings only) .. *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE DETACHED BLDGS (GARAGE/SHED) LENGTH WIDTH SQ FT ~-~ x ~__~.~ = /~ x ~ = /~ TOTAL~OUSE ~ [~ ~ ~ x /~ = TOTAL DETACHED BLDGS ................. DRIVEWAY, PARKING ~ X AREAS, SIDEWALKS, ~ X ETC. ~.--~ X ~ = ~/(.~ TOTAL D~IVEWA~ ETC '7 -- DECKS Open decks (1/4" min. !!-75o opening between boards) with a pervious surface under are not counted as hardcover OTHER TOTALDECK TOTAL OTHER TOTAL HARDCOVER / IMPERVIOUS SURFACE · .......................... June 11, 1997 Ed Shukle City Manager, City of Mound 5341 Maywood Road Mound, MN 553641 Mr. Shukle, I have submitted my application for a variance (case # 97-27) concerning my property at 5054 Bartlett Blvd. It is my understanding that my application will be reviewed at the July 14, Planning Commission meeting. Ironically, the improvements I am planning to make do not conflict with any set-back requirements, ~t s the ex~shng structure. Needles to say, this unforeseen problem has caused a few scheduling concerns for my contractor and his subs. The purpose of this letter is to ask for any help you can provide in expediting my building permit if my variance is granted on July 14. I will deeply appreciate any assistance you can provide Also I would like you to know how helpful Jori Sutherland has been. He has been a pleasure to work with. Good public-relation skills are essential in circumstances such as mine and John has proven to be a very good representative of the city. copy to: Jon Sutherland CITY ()F MOUND - ZONING INFOI~,MATI(~N SIIFA'71' Al)DRESS: SURVEY ON FILF.'! YES I.OT OF RECORD? YES I NO YARi} I I}IRECTI(}N [ Z¢)NING I)lSI RIC'I', LOT SIZE/WIIYHI: ~uA-~-'(,7~'6-~/~o u~ 2o,ooo/uo ~ 6,000/40 u3 zo,oo0/60 R2 14, OOO/U0 R3 SEE ORD. 11 30,000/100 I{EQIJIRED [ EXISTING/PROIN)SED EXIS'I lNG I.O i' SIZF.: · / ,4 .% .t VARIANCE IIOUSE ......... :RONF N S E W FRONT N S E W SIDE N S E W SII)E N S E W REAR N S E W I .AKE TOP ()F BI.UFF GARAGE, SIIEI! ..... N S E W DETACIIED IIUII.DINGS 30' FRONT I:RON I' SIDE SIDE REAR I.AKE l'OP OF BI.UI:F IIARI)COVER N S E W N S E W N S E W N S E W N S Ii W N S ii W 30% OR 40% 4' OR 6' 4' OR 6' 50' 10' {)R 30' $ ),, ',. 'lhi.~ Zoning |nfotmation Shoe! (n__dy summarize§ a portion of d~e trqulfemcnts outlined in the (:ity of Mound Zoning Ordinance, i:or futOmr infornmtion, conlacl thc City of Mound Planning IMpartment at 472-(~}. PROPOSED RESOLUTION ~7- RESOLUTION TO APPROVE A MINOR SUBDMSION TO REARRANGE A LOT LINE AT 6607 BARTLETT BLVD. AND 6609 BARTLETT BLVD., PID g22-117-24 43 0041 AND 22-117-24 43 0040 P & Z CASE g07-28 WHEREAS, the applicant, Jerry and Lois Mader, has applied for a minor subdivision to convey a triangular parcel of land from the 6609 Bartlett Boulevard address to the 6607 Bartlett Boulevard, and WHEREAS, the intent of the land transfer is to create a more uniform front lot line, and WHEREAS, the parcel to be conveyed represents 1,145 square feet or .026 acres, and WHEREAS, both properties are zoned R-1 Single Family which requires 10,000 square feet minimum lot size, and WHEREAS the current legal description for the two properties involved is: 6607 Bartlett Boulevard - Lot 10 lying Sly of a line drawn NELY at pt on W line of said Lot 9 dis 260, PID 22-117-24 43 0041 6609 Bartlett Boulevard - Lot 10 lying NLY of a line drawn NELY a pt on W line of said lot 9 dis 260, PID 22-117-24 43 0040 WHEREAS, the parcel transfer will not create non-conformity of either property, and WHEREAS, this is a minor subdivision, there are no public improvements associated with the land conveyance, nor park dedication, and WHEREAS, staff recommends approval and the Planning Commission voted 7-0 for approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound hereby approves a minor subdivision for 6607 and 6609 Bartlett Boulevard. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hermepin 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 fried with the City Clerk. Mader Resolution July 22, 1997 Page 2 The foregoing resolution was moved by Councilmember, Councilmember. The following Councilmembers voted in the affu'mative: The following Councilmembers voted in the negative: and seconded by t PROPOSED RESOLUTION ~7- RESOLUTION TO APPROVE A MINOR SUBDIVISION TO REARRANGE A LOT LINE AT 6607 BARTLETT BLVD. AND 6609 BARTLETT BLVD., PID//22-117-24 43 0041 AND 22-117-24 43 0040 P & Z CASE//97-28 WHEREAS, the applicant, Jerry and Lois Mader, has applied for a minor subdivision to convey a triangular parcel of land from the 6609 Bartlett Boulevard address to the 6607 Bartlett Boulevard, and WHEREAS, intent of the land transfer is to create a more uniform front and WHEREAS, the to be conveyed represents 1,145 square feet acres, and WHEREAS, both feet minimum lot size, and are zoned R-1 Single Family uires 10,000 square WHEREAS the current h description for the two involved is: 6607 Bartlett Boulevard - Lot lying Sly of a line Lot 9 dis 260, PID 22-117-24 0041 NELY at pt on W line of said 6609 Bartlett Boulevard - Lot 10 said lot 9 dis 260, PID 22-117-24 NLY ol line drawn NELY a pt on W line of WHEREAS, the parcel transfer will not non-conformity of either property, and WHEREAS, this is a minor subdivisi with the land conveyance, nor park are no public improvements associated NOW, THEREFORE, hereby approves a minor subdivision , 6607 and 6609 City Council of the City of Mound Boulevard. This variance shall be recorded County Recorder or ~t~ Registrar of Titles in Hennepin County pursuant to Minnesota S Statute, Section 462.36, ~ubdivision (1). This shall be considered a restriction on hove// i property may be used. ~ The property owner shall the responsibility of filing this resolu~n with Hennepin County and paying all costs for ling. A building permit for the subj~l~t construction shall not be issued until proof has been filed with the City Clerk. ~X The foregoing was moved by Councilmember, and seconded by Councilmember. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Minutes - Mound Planning Commission July 14, 1997 #97-28: MINOR SUBDIVISION: 6607 BARTLETT BLVD., 6609 BARTLETT BLVD. REARRANGEMENT OF LOT LINE, JERRY & LOIS MADER, PID 22-117-24 43 0041. Loren Gordon reviewed this case. BACKGROUND: The applicant has submitted a minor subdivision plat for approval. The proposal is to convey a triangular parcel of land from the 6609 Bartlett Blvd. property to the applicant's parcel. The intent of the land transfer is to create a more uniform front lot line. The parcel to be conveyed represents 1,145 sq. ft or 0.026 acres. Both properties are zoned R-1 which requires a 10,000 sq. ft. minimum lot size. The parcel transfer will create a 42' front setback line for the proposed home. The rear yard setback for the home at 6607 would be 105' upon approval. The proposal would not create non-conformity of either property. Because this is a minor subdivision, there are no public improvements associated with the land conveyance. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of minor subdivision. Chair Michael asked it the Commission had any questions or comments. There were none. MOTION by Weiland, seconded by Mueller, and carried unanimously to recommend approval of the minor subdivision for 6607 and 6609 Bartlett Boulevard to convey a triangular parcel of land. The park dedication fee will not apply to this minor subdivision. The vote carried 7-0. PLANNING REPORT Hoisington Koegler Group Inc. rllm TO: Mound Planning Commission and Staff FROM: Loren Gordon, AICP DATE: July 14, 1997 SUBJECT: Minor Subdivision APPLICANT: Jerry and Lois Mader - Owners - 6607 Bartlett Blvd. CASE NUMBER: 97-28 HKG FILE NUMBER: 97-5p LOCATION: 6607 Bartlett Blvd. EXISTING ZONING: Single Family Residential (R-I) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant has submitted a minor subdivision plat for approval. The proposal is to convey a triangular parcel of land from the 6609 Bartlett Blvd. property to the applicant's parcel. The intent of the land transfer is to create a more uniform front lot line. The parcel to be conveyed represents 1,145 sq. ft or 0.026 acres. Both properties are zoned R-1 which requires a 10,000 sq. ft. minimum lot size. The parcel transfer will create a 42' front setback line for the proposed home. The rear yard setback for the home at 6607 would be 105' upon approval. The proposal would not create non-conformity of either property. Because this is a minor subdivision, there are no public improvements associated with the land conveyance. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of minor subdivision. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Rev. 1/9/97 Planning Commission Date: City Council Date: Application for MINOR SUBDIVISION OF LAND City of Mound, 5341 Maywood Road, Mound, MN Phone: 472-0600, Fax: 472-0620 /'7--] t--/. ~'~ Case No. 55364 r~ECEIYED JUN ~ tS,97 "~' ~,~" q '~ Application Fee: $75.00 Distribution: Escrow Deposit: $1,000 Deficient Unit Charges? Delinquent Taxes? ~ -.~'P- q '7 City Planner DNR ~, -,) -7 - q '7 Public Works Other ti City Engineer VARIANCE REQUIRED? Please type or print the following information: INFORMATION EXISTING Lot ? ~ J~/e~ h&/-/' ~'~ ~.~74 /o Block Plat// LEGAL DESCRIPTION Subdivision ~[~*r~* ~Z*~r$ PID~ 22 117 &q ZOninG DISTRICT Circle: ~ R-1A R-2 R-3 B-1 B-2 B-3 APPLICANT The applicant is: ~owner __other: Name ~Z~Y ~ ~/~ ~~ Address &~O7 ~Z~$¢rr ~$v¢ OWNER Name (if other than applicant) Address Phone (H) (W) (M) Name ~~ ~ ~ ~VI~ ] J~' SURVEYOR/ ENGINEER Address Phone (H) FFt - 2V~ {W) (M) 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. This apph~.~ tio~ must be signed by all owners of the subject property, or an explanation given why this is not the case. Owner's Signature O.wn~r s S~ggature Date Date CITY OF MOUND HARDCOVER CALCULATION,~ (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: (__~-~ O? /~:~/P~"r~.~J- ~:~Lv~. JJ :OWNER'S NAME: ~)/~ ~,~ ~ LOT AREA !~ ~'~ SQ. FT. X 30% = J (for all lots) .............. I I LOT AREA SQ. FT. X 40% = (for Lots of Record*) ....... I I LOT AREA SQ. FT. X 15% = (for detached buildings only) .. I I *Existing Lots of Record may have 40 percent coverage provided that techniques .are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE LENGTH WIDTH SQ FT x = -, X = DETACHED BLDGS ~ (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER TOTAL HOUSE ......................... TOTAL DETACHED BLDGS ................. X = TOTAL DRIVEWAY, ETC .................. X = = TOTALDECK .......................... Z?oo -fr. TOTAL OTHER TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER / OVER (indicate difference) ............................... CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: OWNER'S NAME: (for all lots) .............. I LOT AREA SQ. FT. X 40% = (for Lots of Record*) ....... LOT AREA SQ. FT. X 15% = (for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques .are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE LENGTH WIDTH SQ Fi' X = DETACHED BLDGS (GARAGE/SHED) TOTALHOUSE ......................... TOTAL DETACHED BLDGS ................. DRIVEWAY, PARKING X = AREAS, SIDEWALKS, X = ETC. X = DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover TOTAL DRIVEWAY, ETC .................. TOTAL DECK .......................... OTHER X = TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER / OVER (indicate difference) ............................... JERRY & LOIS MADER 6607 Bartlett Blvd. Mound, MN 55964 June 11, lo97 Dear Planning Commission, We, Jerry and Lois Mader and Dlck Olexa, have proposed an agreement to change our present mutual diagonal lot line to a straight line. Thls will remedy the hardship of turning into our driveway and also leaving lt. The west side of our property starts dropplng down, maklng It even more of a problem In the wintertime. You will find the new survey descriptions Included. Thank you for your time concerning this matter. Respectful I y, JERRY & LOIS MADER 472-3932 BENCHMARK = TOP OF SANITARY SEWER ELEV.=998.4 INV.=982. I 7 TOP OF IRON 994 7 7.5 o Z I 7 '/..5 t If ( I000 5 I pflOpOSg[~' I, tTILITY $1[RVIC£5 · 997 ! WER STUB ( IOOO 7~ 998 :' 55.00 -- PROPOSED HOUSE 5.00 12.00 0!92.5) t?.~2.3) 1372.3) J (995.0)J I0.00 ~92 8 994.0 995 5 995,5l I or IRON 1002.56 JERRY ancl I.. 015 MADER PROPOSF~ DE:SX~RlPTION OF' PA.RC~_L ! That ~t of Lot g ~d th, W~t h~f of Lot I~ ~st~ ~t,' ~c~n9 to t~ r~ ~e ~th the ~t..l~e ~_~ Lot gffr~ 9 ~t ~ ~ ~t I~e ~t~e 229.47 f~t ~ ~ the n~mmt~y c~ o ~m Lot u. ~ of ~ P~ h I~ ~ ~b - 0,421 ~. PI~OP~ D[SCRIPTION O(r PAJ~L ~ That ~t of Lot g ~d the W~t half Of Lot 10, ~ttN H~ts' ~c~ to t~ ~ ~, ~th the mt I~e o~ ~ Lot g, lr~ ~ ~t,~ ~ mt Ib~ ~t~t.~,~/.~t ~th ~ the n~thmt~ o~ ~ Lo~ ~ t~tn~ ~lt~.~ .~t [~ ~ ~ ~ the W~t~y /0 l~t Of thor ~t =~ ~ Lot v I~g ~t~ of ~m ~ pPJ~ TO ~: CONV~D That port o! Lot g ~d the W~t h~f of Lot I~ ~st~ H~I," ~-~n~ to t~ ~ ~ot t~f, H~n~ ~t~, M~n~t~ d~ ~.1~ ~t~y ~f.o I~e ~... ~t~y ~d at r~t ~e ~th the mt I~e of ~M LOt ~ ~. O. ~t ~ ~ ~t~lml. d~t~t 2~.47 f.t ~th ~ the n~thmt~y c~ o~ ~m Lot ~. ~ ~tn~t~ of · I~e W~ n~t~t~y ~ ~th the n~th~y I~e of ~ ~t~ k~ o ~t ~ ~ mt ~e of ~ bat 9 ~mt~t 260.~ f~t ~th fr~ ~ n~thmt~y ~ of ~ot g. ~ of ~c~ to ~ ~ 1.145 ~ Ft. - 0.026 ~ · 957.7 Oenot.-- e~t~ting ~vQtkm · (937.7) D~not,s pro~ ~ffmtioe~ gorog~ floor .~ffv~tlon - 1000.7 front-hour ,ntry ~e~otion - 1002.0 Prolx)am~ t(X) of biock ~l~mtlo~ - 1001.0 I~'tX)oa~d Workout [Jevotkm - 9~2.5 CITY OF MOUND - ZONING INFORMATION SHEET SU V ~YE~ R EY ON FILE / NO LOT OF RECORD? WES / NO YARD [ DIRECTION HOUSE ......... FRONT N S E W FRONT SIDE SIDE REAR LAKE TOP OF BLUFF N S E W N S E W N S E W N S E W N S E W GARAGE, SllED ..... DETACItED BUILDINGS FRONT N S E W N S E W ~o/eo~ nz ~,~oo/o ~zn e,ooo~o-7~o na 2o,ooo/eo R2 e,ooo/4o n3 xo.ooo/eo R2 14,000/80 R3 SEE ORD. I1 30,000/100 REQUIRED ] EXISTING/PROPOSED 15' 50' 10' OR 30' EXISTING_LOT SIZE:- LOT WIDTH: LOT DEPTH: VARIANCE FRONT SIDE N S E W 4'OR6' SIDE N S E W 4' OR 6' REAR N S E W 4' LAKE N S E W 50' TOP OF BLUFF 10' OR 30' HARDCOVER 30% OR 40% !2-1 I/-Z l. This Zoning Informalion Shee! only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 472-0600. OUIL01 A ] 0 0 0 CITY OF MOUND - ZONING INFORMATION SttEET ADDRESS: SURVEY ON FILE? YES I NO LOT OF RECORD? yES / NO YARD I DIRECTION I REQUIRED ZONING DiSiRICT, LOT SIZE/WIDTH: "'~1 10,000~60~ B1 7,S00/0 ~zR ~,oO-OT~ ~2 ~o,ooo/~o R2 6,000/40 B3 10,000/60 R2 14,000/80 R3 SEE ORD. I1 30,000/100 EXI~'i-iNGIPROPOSED HOUSE ......... FRONT N S E W EXISTING LOT SIZE: LOT WIDfH: ' LOT DE.H: VARIANCE N S E W SIDE N S E W SIDE N S E W REAR N S E W LAKE N S E W 15' 50' TOP OF BLUFF 10' OR 30' GARAGE, SiiED ..... DETACHED BUILDINGS FRONT N S E W FRONT N S E W SIDE SIDE REAR LAKE OF BLUFF IiARDCOVER CONFORMING? YES / NO N S E W N S E W 4' OR 6' 4' OR 6' N S E W 4' N S E W 50' 10' OR 30' 30% OR 40% ? [BY: [DATED: I ! /1Planning Departmcns~t al 472-~. Z I 11.%5 .. This Zoning Information Shcet only summarizc.s, a portion of the requiremems outlincd in dsc City of Mound Zoning Ordinnnce. For further information, conlncl thc City of Mound (I~) ~ '~' PROPOSED RESOLUTION RESOLUTION TO APPROVE AN IMPERVIOUS SURFACE VARIANCE TO ALLOW THE CONSTRUCTION OF A CONFORMING ENTRY DECK AT 5959 IDLEWOOD ROAD, LOT 6, BLOCK 10, THE HIGHLANDS, PID #23-117-24 42 0046 P&Z CASE//97-29 WHEREAS, the applicant, Glen and Brenda Isaacson, is seeking a variance to recognize the existing nonconforming impervious surface in order to allow for the construction of an entry deck in the front yard that is conforming to all setbacks, WHEREAS, the property is zoned R-2, one and two family residential, and WHEREAS, the proposed deck is 16' x 8' in size and is to be installed in the location where there is currently existing concrete steps and stoop, and and WHEREAS, the existing steps and stoop will be removed prior to the deck installation, WHEREAS, the deck is considered an expansion of the footprint and the expansion is not permitted without approval of a variance to recognize the nonconforming impervious surface, and WHEREAS, the addition of the deck will not increase the amount of impervious surface and the applicant is reducing the amount of hardcover by eliminating the poly under the existing rear deck and removing the concrete slab and steps under the proposed deck, and WHEREAS, with these improvements, the impervious cover is still not in the 30% hardcover compliance, however, the property is in the 40% hardcover compliance, but the lot is very flat and a drainage plan would still direct the runoff to the street, and WHEREAS, staff recommended denial of the hardcover variance and the Planning Commission voted to recommend approval with a vote of 6-1, Hanus voting nay. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Mound Minnesota, does hereby grant a hardcover variance for 5959 Idlewood Road to allow the construction of a conforming deck with the following conditions: The applicant will remove the poly film under the existing rear deck. The applicant will remove the concrete stoop and slab in the front prior to the construction of new deck. · 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. Isaacson Resolution July 22, 1997 Page 2 The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember, and seconded by Councilmember. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Minutes ~ Mound Planning Commission July 14, 1997 #97-29: VARIANCE TO IMPERVIOUS SURFACE TO ALLOW CONSTRUCTION OF DECK, 5959 IDLEWOOD ROAD, GLEN AND BRENDA ISAACSON, LOT 6, BLOCK 10 THE HIGHLANDS, PID 23-117-24 42 0046. Building Official Jon Sutherland reviewed this case. BACKGROUND: The applicant is seeking a variance to recognize the existing nonconforming impervious surface in order to allow for construction of an entry deck in the front yard that is conforming to setbacks. The proposed deck is 16 x 8 in size and is to be installed over the top of the existing concrete steps. The deck is considered an expansion of the footprint and this is not permitted without the prior approval of a variance that would recognize the nonconforming impervious surface situation (Zoning Code Section 350:420). The deck does not increase the amount of impervious surface, the applicant is in fact reducing the amount of hardcover by eliminating the poly under the existing deck. These improvements however are still not in conformance with the ordinance. A maximum of 30% of hardcover is allowed for this site due to the fact that the site does not qualify for the special conditions noted in the zoning ordinance section 350:1225, (that allow for 40 %). The existing driveway is rather large and drains predominantly into the street. According to the applicants calculations the impervious surface coverage (not including the rear deck with poly under) is 2551 square feet. The maximum allowable impervious surface for this site at 30 % is 1800, this results in a variance request of 751 square feet +-. COMMENTS The survey and hardcover calculations submitted by the applicant calculate the impervious surface on in the front of the site at 1428 square feet, when considering the additional poly under the landscaping, this figure would be increased slightly. The driveway with the additional parking area is rather large, and if some of this was converted over to green space it would bring the site closer to being in conformance with the 30% requirement. STAFF RECOMMENDATION Staff recommends the Planning Commission recommend denial of the request as proposed, as the impervious surface on this site exceeds the maximum allowable at 30%, and there is no condition of hardship or practical difficulty that has been identified. Staff would support a recommendation for approval to allow construction of the conforming deck with the condition the impervious surface conditions identified below are removed prior to building permit issuance. 7 Minutes - Mound Planning Commission Jul), 14, 1997 1) The poly be removed or substantially perforated in all landscape areas, and under the deck. 2) The parking space approximately 15 x 20 (to be specifically identified on an exhibit) in the north east section is to be removed and converted to green space as approved by the building official. Commissioner Questions Clapsaddle suggested the applicant remove an area of driveway and convert it to greenspace. The applicant stated it would be too costly. Weiland suggested the applicant remove the poly under a 16' x 16' area on the north side of the house for more drain area. The applicant stated he could do that and he will remove the stairs and the concrete on the west side of the property. Mueller stated the applicant is reducing the overall hardcover by adding the new deck and removing the above mentioned hardcover. There was no hardcover rule when the home was built. Hanus commented why the 40% hardcover rule could not apply, the drainage plan could be approved by the building official. The Commission needed to consider the site with the landscape and that the lot is quite flat and that there is really no where for the runoff to go but to the street. Sutherland stated the idea of the green space is to consider vehicle drippings that if washed into a green space, would not directly flow into the street and eventually into the lake. Weiland stated if the concrete were to be removed, the water would still flow the same way. It was suggested that the applicant crown the driveway to help the runoff. The applicant stated it was too costly. Discussion included the fact that a driveway permit is not required, just approval from the Public Works Superintendent as to utility location. Sutherland stated if the 40 % rule was applied, the hardcover would still not meet the ordinance. Maybe the applicant could reduce the driveway. Hanus stated the drainage is the best it can be on the lot now, as the lot is flat. He was in favor of applying the 40 % rule. Minutes - Mound Planning Commission July 14, 1997 Voss stated he did not like to go against staff recommendation, but he did not want to deprive the owner of normal use of the property. MOTION by Voss, seconded by Clapsaddle, to recommend approval of a hardcover variance, to allow construction of a conforming deck and to require the applicant to remove the concrete stairs and slab under the proposed deck, to remove the poly under the rear yard landscaping and to perforate the poly under the front yard landscaping. Comments Voss agreed to the amendment to his resolution. Michael disagreed with the staff recommendation and suggested to remove item #2, Weiland stated if staff would go with the 40% hardcover, he would not have to apply for a variance. That way there would be no filings on his property. Clapsaddle stated the motion needs to be amended to state the requirement to remove the concrete under the proposed deck. The applicant agreed to remove the concrete stairs and slab under the deck. Voss seconded the amended motion. Mueller clarified the motion commenting, the applicant was going to perforate landscaping, remove the concrete stoop and slab and the poly under the back deck. Hanus stated that improvements were being made to the hardcover through these actions. He also stated that if the 40 % hardcover rule could apply, the applicant would not need a variance. The vote was called, the motion carried 6-1, Hanus voting nay 9 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 July 14, 1997 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~ , Variance Request Glen and Brenda Isaacson 97-29 5959 Idlewood Road, Lot 6, Block 10, The Highlands, PID 23-117-2442 0046 R-2 One and Two Family Residential BACKGROUND: The applicant is seeking a variance to recognize the existing nonconforming impervious surface in order to allow for construction of an entry deck in the front yard that is conforming to setbacks. The proposed deck is 16 x 8 feet in size and is to be installed over the top of the existing concrete steps. The deck is considered an expansion of the footprint and the expansion is not permitted without the prior approval of a variance that would recognize the nonconforming impervious surface situation (Zoning Code Section 350:420). The deck does not increase the amount of impervious surface and the applicant is actually reducing the amount of hardcover by eliminating the poly under the existing rear deck. These improvements however, are still not in conformance with the ordinance. A maximum of 30% of hardcover is allowed for this site due to the fact that the site does not qualify for the special conditions noted in the Zoning Ordinance Section 350:1225, that allows for 40%. The existing driveway is rather large and drains predominantly into the street. According to the applicants calculations, the impervious surface coverage (not including the rear deck with poly under) is 2551 square feet. The maximum allowable impervious surface for this site at 30% is 1800 sq. ft., this results in a variance request of 751 square feet +-. Staff Report 5959 Idlewood Road July 14, 1997 Page £ Comments The survey and hardcover calculations submitted by the applicant calculate the impervious surface in the front of the site at 1428 square feet. When considering the additional poly under the landscaping, this figure would be increased slightly. The driveway, with the additional parking area is rather large, and if some of this was to be converted over to green space, it would bring the site closer to being in conformance with the 30% requirement. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend denial of the request as proposed, as the impervious surface on this site exceeds the maximum allowable at 30%, and there is no condition of hardship or practical difficulty that,-, has been identified. Staff would support a recommendation for approval to allow construction of the conforming deck with the condition the impervious surface conditions identified below are removed prior to building permit issuance. 1) The poly be removed or substantially perforated in all landscape areas, and under the deck. 2) The parking space that is approximately 15 x 20 (to be specifically identified on an exhibit) located in the northeast section is to be removed and converted to green space as approved by the Building Official. The abutting property owners have been notified. VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 ii ,, a&t PAID JU;,~ 2 5 1997 OF MOUUO Application Fee: $100.00 (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: ~/- o'h aq,- 6? '7 Distribution: ~ -~?- q"J City Planner DNR ~ r City Engineer Other /, Public Works SUBJECT Address ~O~ PROPERTY Lot Block LEGAL Subdivision DESC. PID# ~,~ ~- I/'7- ZONING DISTRICT R-1 R-IA ~ R-3 B-1 B-2 PROPERTY Name (?.~ ~ e~ rq APPLICANT Name~-4-~q--~- (IF OTHER Address THAN Phone (H). .(W). (M) OWNER) Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, (9 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.)' (Rev. 1/14/07) Variance Application, P. 2 Case No. o Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes 00, 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: ((~S E W) ( $ S ~iW,~) ( N S E .~,.~_,,)) ( N(~)E W ) (NSEW) · (NSEW) Street Frontage: Lot Size: Hardcover: REQUIRED REQUESTED (or existing) ft. ~ ~'-+ p--ft. ft. tq ft. ft. ~'4 I- ft. ft. 0o~ ft. ft. ft. ft. ft. ft. ft. sq ft (a,, ooo +~sq ft sq ft sq ft VARIANCE ft. ft. ft. ft. ft. 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 ('~) topography ( ) soil ( ) too small ( ) drainage (~) existing situation ( ) too shallow ( ) shape ( ) other: specify describe: (Rev. 1/!4/97) 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 bO. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (4. 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? :~' 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. oOwner'sSignature %~%~/~):L//~!.,/.5~~ Date Applicant's Signature Date ~ (Rev. 1/14/97) ~6 ~8 CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: OWNER'S NAME: LOT AREA LOT AREA SQ. FT. X 30% = (for all lots)' SQ. FT. X 40% = (for Lots of Record*) ....... LOT AREA SQ. FT. X 15% = (for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE LENGTH WIDTH SQ FT ~¢ x ~, = I0o~_ X = DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER X = TOTAL DETACHED BLDGS ................. TOTAL DRIVEWAY, ETC .................. x i~, '~' ~'- '76t TOTAL OTHER ......................... /_~ TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER./OV, O~(indicate difference), ............ ~)~ .............. PREPARED BY" ;'~ ; I,~ ~.,.';o.t-, DATE ,zeuu'eT.,t pue -'oXea.m8 puv.I I O. ~ o~..q~ '~. '.. ~C'[ ~aol.q ~ pue 'L, ~9 *<; ~'3,o,] jo eeT.zepunoq eq3 jo ,'l:e,'~ns ~ jo x ~ea..zr~ jo t"~ 37 ¥/ :! .OJ' ~700A4 ~ 70/ '1 Certificate 'of ~urvey: I bore. by certify that this is a true and correct roprqsentation · ."'..' of a survey of the boundaries of ~ots 5, 6, 7, and 8, Block 10, The Highlende. It does not purport to sho~ improv~m~nts or en- eroechments. Scale~ 1" - 40' .... ~. Date ~ 6-27-70 'o ' I Iron marker ' ~ Design Works (R), Knox Lumber, # 217, Phone # 933-1046 l~ue Jun 24 19:10:29 1997 lhe materials in this deck will cost $1293.05 /ID: CQ4961 Jew ,/ ® * Ask For A Construction Detail Sheet Before You Begin Your Project Design Works (R), Knox Lumber, # 217, Phone # 933-1046 Tue Jun 24 19:02:10 1997 Plan ID: CQ4961 Deck Layout See the Specification Sheet for More Details Design Works (R), Knox Lumber, # 217, Phone # 933-1046 Tue Jun 24 19:02:10 1997 Plan ID: CQ4961 t Layout for Deck 1 '9" ...................... Bas,zPc, int' 0 See the Specification Sheet for More Details Design Works (R), Knox Lumber, # 217, Phone # 933-1046 l~ue Jun 24 19:02:10 1997 Plan ID: CQ4961 Deck Dimensions for Deck 1 Deck 16' Jo~st SpaCing = 16 in. o.¢. Rallpost Spacing = 48 in. o.c., Baluster Spacing ~. 4 in.. Toe Spacing Im. Railing H¢igh! = 30 in Stair I: Rise = 6in., Run = Il in. Stair 3: Risc = 6in,. Run= 11 in. See the Specification Sheet for More Details PROPOSED RESOLUTION RESOLUTION TO APPROVE A SETBACK VARIANCE TO ALLOW THE CONSTRUCTION OF A DECK, 1641 GULL LANE, LOT 11 12, BLOCK 12, WOODLAND POINT, PID 13-117-24 42 0046 P & Z CASE 97-30 WHEREAS, the applicant is seeking a variance to allow construction of a nonconforming deck that is setback 7 feet to the required front yard setback of 20 feet to the unimproved Jennings Road, WHEREAS, all other issues of this site is conforming to the ordinance, and WHEREAS, the Public Works Superintendent and City Engineer have reviewed this request and have no objection to the reduced setback to the unimproved right-of-way of Jennings Road and the City has no plans at this time to improve Jennings Road. WHEREAS, staff recommended approval and the Planning Commission voted 7-0 to approve. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, Minnesota does hereby approve the front yard setback variance of 7 feet to the unimproved Jennings Road to allow the construction of a nonconforming deck at 1641 Gull Lane. 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, Councilmember. and seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Minutes - Mound Planning Commission July 14, 1997 #97-30: SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A DECK, 1641 GULL LANE, CHRIS ALVAREZ AND BRENDA BEDELL, LOT 11 & 12, BLOCK 12, WOODLAND POINT, PID 13-117-24 12 0202. Building Official Jon Sutherland reviewed this case. The applicant is seeking a variance to allow construction of a nonconforming deck that is setback 7 +- feet to the required front yard setback of 20 feet to the unimproved Jennings Road. All other issues with this site are conforming. The Public Works Superimendem and the City Engineer have reviewed this case and have no objection to the reduced setback to the unimproved right-of-way of Jennings Road. It was decided not to improve this right-of-way when the street improvemem project of 1978 was completed. The City has no plans to improve the street at this time. The impact of the proposed deck is minimal, and the existing dwelling that is in sound condition is setback closer to the street than the proposed deck. Recommendation Staff recommends the Planning Commission recommend approval of the variance request as it enhances the use and function of the property with a minimal encroachment, and the encroachment is also less than the existing situation. There were no questions from the Commission to the staff. MOTION by Clapsaddle, seconded by Mueller and carried unanimously to recommend approval of the front yard setback to the unimproved Jennings Road of 7+- feet to allow the construction of a nonconforming deck. The vote carried 7-0 11 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 STAFF REPORT DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of 7-14-97 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~o Variance Request Chris Alvarez and Brenda Bedell 97-30 1641 Gull Lane, Lot 11 & 12, Block 12, Woodland Point PID 13-117-24-120202 R-lA Single Family Residential BACKGROUND: The applicant is seeking a variance to allow construction of a nonconforming deck that is setback 7 feet +- to the required front yard setback of 20 feet to the unimproved Jennings Road. All other issues with this site are conforming. COMMENT The Public Works Superintendent and the City Engineer have reviewed this case and have no objection to the reduced setback to the unimproved right-of-way (R.O.W,) of Jennings Road. It was decided not to improve this R.O.W. when the street improvement project of 1978 was completed. The City has no plans to improve the street at this time. The impact of the proposed deck is minimal, and the existing dwelling that is in sound condition is setback closer to the street than the proposed deck. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request as it enhances the use and function of the property with a minimal encroachment, and the encroachment is also less than the existing situation. All abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on July 22, 1997. printed on recycled paper VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 (FOR OFFICE USE ONLY) Application Fee: $100.00 Planning Commission Date: City Council Date: Distribution: Case No. ~ (~ '~O City Planner DNR City Engineer Other Public Works SUBJECT PROPERTY LEGAL DESC. ? PROPERTY OWNER APPLICANT (IF OTHER THAN OWNER) Block Lot /I.¢iZ 12.- Subdivision '~/tO J((~'t~ Lo-/' 12- Lo'/ // ~A'~9 ZONING DISTRICT R-1 R-lA (R-2) R-3 B-1 Aaaress Phone (H) ~2-~ 7 (W) ~2~2~00 (M)_T/O "qr/~ Name Address Phone (H) (W) .(M) Plat # t~/. //D / ~t~ B-2 B-3 Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.)' (Rev. 1/14/97) :. tt~ , .... lit ~ i i .~. ii ,. li&L Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): b'se SETBACKS: REQUIRED REQUESTED (or existing) Front Yard: (~~ rt. oqO( ft. Sqxle-Yard: ( 30 ft. 7 ' ft. Side Yard: ( N S E W~ ) ft. ft. Rear Yard: ( N S [~,~) lB' i ft. [ "~ ft. Lakeside: ( N S E W ) ft. ft. : (NSEW) ft. ft. Street Frontage: ft. ,CD ft. Lot Size: sq ft 2 z~o~zg~,~,~sq ft Hardcover: sq ft //~/ sq ft VARIANCE ft. ft. ft. 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: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape Please describe: ./~2d' ~-mt2i'et O'/~ M~ ( ) soil ( ) existing situation ( ) other: specify (Rev. ]114/97) Variance Application, P. 3 Case No. ~ 7- ~ o 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? No (). If yes, explain: Yes (), in this petition? Yes (), No (). If no, list some other properties which are similarly affected? Are the conditions of hardship for which you request a variance peculiar only to the property described 9. Comments: I 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 Date Applicant's Signature Date (Rev. 1114/97) CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: /"~ OWNER'S NAME: .~ LOT AREA ~L~OO SQ. FT. X 30% = LOT AREA SQ. FT. X 40% LOT AREA 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 SQ FT HOUSE ~."~ X '~ 7_ = '-7 ~ /-~ :", X = DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER TOTAL HOUSE ......................... X = X = TOTAL DETACHED BLDGS ................. x 7__o : L OO X = X = TOTAL DRIVEWAY, ETC .................. X = X = X = TOTAL DECK .......................... X = X = TOTAL OTHER ......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE UN~~f OVER (indicate difference) ............................... ADDRESS: ZONE: REQ. LOT AREA: EXIST. LOT AREA: su.v.v o..~.~ v~s ~OT o...CO..~t v.s ~,.o / ~ REQUIRED STREET FRONTAGE~IDTH: ~0 Z 0 ' ' REQUIRED SETBACKS PRINCIPAL BUII,.IAING/ HOI. ISE . FRONT: N ,,,8,(/E~V FRONT: NI S)"~ W -.~l'~f~i'~('~ ~--~.(')'/ SIDE: ,¢N-,'"~ E W /~ - - SIDE: /~N..)S E REAR: ~ S LAKESHORE: ~ 5~' (measured from O.H.W.) TOP OF BLUFF: ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W ~'~0' FRONT: N S E W ,---~L~" SIDE: N S E W 4' or 6' SIDE: N S E W 4' or 6' REAR: N S E W 4' LAKESHORE: TOP OF BLUFF: 50' (measured from O.H.W.) EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING/HOUSE ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: HAR R CONFORMING? YES / NO (_ IS THIS PROPERTY CONFORMING? YES / NO ? fhis Geffera~Zoning Information Sheet only summarizes a port on of the requirements outlined in the City of Mound Zonin Ordinance. For further in[ormation, contact the Citg of Mound Plannin~ Department at 472-0~00. ..,~ ~. ~ ~ ~ .E (54) ~ First Security File No. 94-11016 DATE 7/18/94 Legal: LOTS 11 & 12, BLOCK 12, WOODLAND POINT Property Address: 1641 GULL LANE, MOUND This Plat Drawing Is not Intended to be used as a iurvey and should not be relied upon as such. The lot dimensions ara taken from the recorded plat or the county records and are assumed to be accurate. The location of the Improvements shown on this drawing are approximate and are based upon a visual inspection of the premises. A licensed surveyor should be contacted If an accurate survey is desired. This plat drawing does not constitute a liability of the company and is intended for uso by the company only. N 'ENNING8 ROAD (NOT IN ) 1" = 20' Bills --July 22, 1997 BATCH 7072 Total bills $282,882.06 $282,882.06 Z iO 0 *',, xxx to t ,, ~z Z Z zbzz uJ ~u tu ADVERTISEMENT FOR BIDS Building Demolition Auditors Road - MSAP 145-108-04 Mound, Minnesota Sealed proposals will be received, publicly opened, and read aloud at 11:00 A.M., C.D.S.T, Wednesday, August 20, 1997, at the Mound City Hall for building demolition on Auditors Road. The bids will be considered by the City Council of the City of Mound at their regular meeting at 7:30 P.M., Tuesday, August 26, 1997. All Proposals shall be addressed to: Fran Clark, City Clerk City of Mound 5341 Maywood Road Mound, Minnesota 55364 and shall be securely sealed and shall be endorsed on the outside with the statement "Building Demolition on Auditors Road - MSAP 145-108-04" and shall be on the Bid Form included in the specifications for the project. Copies of the plans and specifications and other proposed contract documents are on file with the City Clerk and at the office of McCombs Frank Roos Associates, Inc., 15050 23rd Avenue North, Plymouth, Minnesota 55447. Plans and specifications for use in preparing bids may be obtained at the offices of the Engineer upon payment of $20.00 per set (includes MN sales tax), which is NON- REFUNDABLE. Each bidder shall file with his bid a cashier's check, certified check, or bid bond in an amount of not less than five (5) percent of the total amount of the bid. No bid may be withdrawn within sixty (60) days after the bids are opened. The City reserves the right to reject any and all bids and waive anY informalities or irregularities therein. City of Mound, Minnesota Robert Polston, Mayor ATTEST: Fran Clark, City Clerk HO I S I NGTON KOEGLER ! 28? PO1 JUL ~1 '97 13:04 FAX COVER LETTER Date: Suly 21, I997 Attention:/on Sutherland Company: City of Mound Fax Number: --- From: Mark Koegler Re: Maple Manors Final Plat Hoisington Koegler Group Inc. BIB Comments: I found the final hardcover calculations for Maple Manor in my file. As you can see, their hardcover is less than the 30% maximum so the resolution does not need to address any impervious cover variance. Sending a total of 2 pages, including this cover page. If you do not receive all of the pages or are experiencing other problems in transmission, call and ask for assistance. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-~960 Fax (612) $35-3160 HO I S I NGTON KOEGLER 287 P02 ..I'UL 21 '97 13:04 Area and Hardcover Computations for Waters Edge Investment Company in Lots 25, Lafayette Park Revised 1/7/97 Area and..hard.cover computations: Total Area of Property Area of Road Area of Proposed Buildings One 2-unit building Sidewalk 3 x 10 + 3 x 6 x 10 = Driveways Hardcover Percentage 121900 ± s.f. -?0325 101575 s.f. 3965 s.f. x 5 = 19825 s.f. 480 s.f, 8190 s.f. Total 8495 2849,5 x 100 = 101575 28.05% 61R-8~5-~160 HO ! S I NGTON KOE~LER ~87 PO1 ~rUL FAX COVER LE'i'rER Hoisington Koegler Group Inc. Date: July 21, 1997 Attention: Jori Sutherland Company: City of Mound Fax Number: --- From: Mark Kocgler Re: Maple Manors Final Plac Comlneilts: I found the final hardcover calculations for Maple Manor in my file. As you can see, their hardcover is less than the 30% maximum so the resolution does not need to address any impervious cover variance. Sending a total of 2 pages, including this cover page. If you do nor receive all of the pages or arc experiencing other problems in transmission, call and ask for assistance. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 61~-835-~160 HO I S I NGTOH KOEGLER 287 P02 ~UL 21 '97 13:04 Area and Hardcover Computations for Waters Edge Investment Company in Lots 2S, Lafayette Park Revised 1/7/97 Area and, hardcover cgmputations: Total Area of Property Area of Road 121900 ± s.f. -20325 101575 s.f. Area of Proposed Buildings One 2-unit building 3965 s.f. x 5 = 19825 s.f, Sidewalk 3 x 10 + 3 x 6 x 10 = 480 s.f, Driveways 8190 s.f~ Total 8495 'Hardcover Percentage 28495 x 100 = 28.05% 101575 / / BECEiVED ,)gL 1~ 15~7 6326 RAMBLER LANE MouND, MINNESOTA 55364 612.472-5759 " 7It3/97 ' :~¢'~ ~////,.,?,.o D~ar Mr. Suth~dand, [ would like to request that Final ?[at ApproYat for Maple Manors Addition be put on thc agend~a ~ the City Ctmmzi] meeting tm, 7/22/97. Sincerely, Joe Zytman BROKER ' GENERAL CONTRACTOR ' 11:35 FROM:KENNeDY & GRAVEN n ,,11 ID:6123379310 PAGE 2/2 PROPOSED REPLACEMENT, PARAGRAPH 9 MAPLE MANORS - ~- Developer sba]I, at its expense, provide grading, drainage and aton control plans to be reviewed and approved by the City. Such plans must comply with any eros/on control method requested by the City for the prevention yj~_+c~n~t_pro .l~y and thc conlrol of surface water runo~' o ...... of damage to · -~m uccmea necessary by the City, prov/de for 't~mut~'r~Uzn~pl~an~_ s?,al! ~so. 'o the other dev/ces and practices/ncluding seed/ng of graded"-'-~ ~.o~.o. carmwor~ or such areas as necessary to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all ~reets within and outside the plat free of all dirt and debris remlting from construction therein by Developer, its agen~ employees and assignees. Prior to issuing building per. ts within the plat, the City shall require escrow deposits of ~ ~ for each lot to ensure that erosion control barriers and all other steps required to be taken to control erosion have been taken and remain continuously in place. If Developer fails to maintain such measures, or if dL,'t, ~ediment, sand, silt or debris is washed onto streets or other property, either within or outside the plat, the City shall, without further notice to Developer, have the fight to restore the erosion control measures and remove the dirt, sand, s/It, sedimentation or debris and to draw on the escrow deposit an amount equal to 150% of the cost of such work. The escrow~ made under this paragraph on each of the lots will be pooled into a common account and will be available generally for _activities contemplated under this pamgravh. Unused amounts wiI1 be returned to upo. STRIKE OUT PARAGRAPH 11 1~2200-~ Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 admin@minnehahacreek.org Web Site: www. minnehahacreek.org Board of Managers: E. Thomas ;ident C. Woodrow Love Vice President Pamela G. Blixt Treasurer Monica Gross Secretary Thomas W. LaBounty Thomas Maple, Jr, Malcolm Reid Oislric! Office: Diane P. Lynch District Administrator Printed on recycled ~r containing at feast 30% post consumer waste !1, I. . Improving Quality of Water, Quality of Life July 15, 1997 Mr. Joel Zylman Waters Edge hwestmcm Co. 6326 Rambler Lane Mound, MN 55364 RECEIVED JUL I 6 RE: M('WD l%'mit No. 97-08 [)car Mr. Zylman: Pursuant to our recent telephone conversation, this letter is a verification of'a temporary change in the MCWD Rule B requirements. Al the June 26: { 997 ~oard of Managers meeting, a resolution was adopted by the Board allowing Rule B contributions 1o be accepted and held in escrow for stormwater management purposes even iht)ugh an executed agreement was not in place with the a/'fbcled municipality. This is a temporary measure pending the outcome of the Stormwatcr Task Force Ibrmed by thc Board of Managers. Thcrcfi)re. by thc terms of this resoh~tion, thc M('WI) will accept Rule B contribulions Ibr prqjecls in thc ('ily of Mound. Thc M('WD permit ~97-08 approved lbr your Maple Manors prqjecl in Mound may now be issued provided ll~e olher conditions of thc permil are mci. Those conditions are: Paymcnl ora conlribut/on h) lhe regional slormwaler p{mding fired in Ihe amotml of $3628.0O * Rehnbt~rsemenl of mailing cosls in lhe anlomll of $101.58 * Paymenl of Rule J fees in ll~e amotml of $408.80 Once lhe above con(Iii hms have been mci slaff will issue Ibc perm it. You are rcmhldcd lhal work on the prQjecl cmmol begin mHJl Ihe permil has been issued Please call mc al 471-(1590 wilb any qUCslhms. $mccrely, I)Jsll'jcl I'cchnicim~ C; I';d 5;chuklc. ('iix., of'M(mnd · 'qlcvc Nchmtmk~ Wcnck Associalcs MEMORANDUM TO: FROM: DATE;: RE: John Dean Corrine Thomson '~ May 12, 1997 Maple Manors Homeowners Documents File No. MU200-62 This follows our conversation of cartier today, regarding the language in thc Articles of Incorporation for the homeowners association. The language in question could be amended as follows: Article XI Dissolution The Association may be dissolved with the assent given in writing and signed by not less than Po-thirds (2/3rds) of each class of members. Upon dissolution of the Association, other than incident to a merger or consolidation, thc assets of thc Association shall be __:.~ ..::.-.,;_:.?,:,~. ~ granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. MINUTES _ MOUND CITY COUNc/L . APRIL 8, 1997 1.9 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 glo 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 MINUTES ' MouND cITY coUNCIL - APRIL 8, 1997 · . 3 of the letter as follows: "There is ...... en She referred to ~tem. # .... ,..~,~ ~,,uvon dissolution, the Manors I-IomCO~ er.s. ,_~ ,ko, ~llows the assoclauon to ue o the property is a provision in We arucic~ ~,,~- -~ the public. If the dedication is refused, common area to be dedicated to transferred to any non-profit corporation, association, trust or organization devoted to a similar pu~Os~. 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'?, lie 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 t° their questions, they would not be able to approve this final plat tonight, ermit conditioned upon, the City The City Engineer stated that what the Watershed District has done, under Rule B, in the past, is that they will approve the p ....,.~.~ rv rict which we are entering into a cooperative agreement with the Watersnc~ ~Ast 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 toward construction of the · 'ntenance, which is the big item, ~s.little turned over to in lieu of building all the ponds and put that · --~ ,, nds. Then the mm ........ lA so be the City s responsibility. ~ge'~; ~he acqms,tion of the property ',~,,"-" al .v is unknown at What level of participation the Watershed District will participate 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 Poiston, seconded by I-Ianns 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. i/ EXHIBIT B, RESOLUTION CITY OF MOUND, MINNESOTA ENGINEER'S MEMO TO THE MOUND CITY COUNCIL ~97- DATE: CASE NO: PETITIONER: FINAL PLAT: LOCATION: April 1, 1997 97-12 Joe Zylman - Waters Edge Investment Co. de Manors Points Boulevard 4. [] [] [] 5. [] [] [] Watermain area assessments hay use. [] sewer ,sed use. [] and REC are issued Area review{ that in levied based on have been levied based on payable at the time building ect to change periodically as they are ~ on January 1. The rate assessed would be ~t the time of final plat approval. Area assessments estimated: 6. [] [] [] 7. [] [] [] Complies with The City will require (10') in width adjoining adjoining side and rear CONDITIONS. All standard utility provided - easemems- and drainage easements ten feet and five feet (5') in width lines. SEE SPECIAL easements required for construction are 10. EXHIBIT B, RESOLUTION 197- 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 de SPECIAL CONDITIONS. existing unnecessary easements ~en vacated - I1 be necessary to vacate the to facilitate the s in conjunction s responsibility The to the ofeas, have easements/right_of_ This is not an automatic platting process. It is the ~bmit a petition as well as legal proposed to be vacated. Certificate of Title has been submitted application ~ 11. It will be ;sary for the property Owner to provide the City Owner's Duplicate CertifiCate of Title in file the required easements referred to necessary The following [] DNR [] Hennepin County [] MPCA [] State Health [] Minnehaha Creek [] U.S. Army Corps of Eh [] Other for this project have been obtained. must be obtained by the Developer: District .~ers The Developer must comply with permit. conditions within any 12. 13. 14. EXIIIBIT 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: Conforms with the City's Thoroug.e ~ with the The following revisions must be :,made City's adopted Thoroughfare Gui~e Plan. Acceleration/deceleration lanes ~ Acceleration/deceleration lanes are of at the intersection and All existing street required width - required on 17. [] [] Conforms In responsible water, sewer, re ,fessional profiles the proposed and Final utility plans standards requiring the Developer to to serve this plat - ;ity standards, the Developer shall be the necessary sanitary sewer, needed to serve this plat. A must prepare the plans and sewer, watermain, storm : the development. Developer has submitted the for the proposed sanitary sewer, facilities; and has also furnished well as the proposed street system (public SPEGIAL CONDITIONS REQUIRED- Per the Developer's request, final plans will be City. with all City construction plans and storm sewer se utilities as SEE by the If it is their desire to have the City construct these part of its Capital Improvement Program, a petition must be submitted to the City. The cutoff date for petitions is October 19. 20. 21. 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: The construction plans conform to the Comprehensive Sanitary Sewer Plan - The following revisions will be CONDITIONS. It will be necessary to contact Works Superintendent, 24 utility connections systems. The the Public :prior to any adopted SPECIAL the City's Public in. advance of making any ~e~'City's sanitary sewer and shall also be responsible for Department for an excavating within the City right-of-way. 22. 23. Minimum Minimum followin basem~ Comp The Su it the in Plan. in a revi~ also indicate elevations. elevations must be established for the All Lots 1 thru 10 have a minimum of 933.0. Drainage Plan - including the Additionally, the folk SPECIAL CONDITb and erosion control plan has been Consulting Engineer for review to see if with the City's Comprehensive Storm of their recommendations shall be ~lan. The Grading and Drainage Plan methods of erosion control, ,f silt fence in strategic locations. w/ll be necessary: SEE EXI{IBIT 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 rec or specific easements for the storm sewer, ponding, drainage, etc. The best s, ~n is a blanket easement over the entire Lot 11. Also, the drainage easel for the wetlands must include everything designated as wetlands. A small behind Lot 4 is omitted. 24. The City has not been furnished any drainage calculations, of information the MCWD will be sufficient. 25. The lift station must conform to the ' ~dard requirements. Additional is needed such as specific re{ tents for the control panel, pump, es, ultrasonic level transmitter, etc. ddition, the control panel must be located separate 4'x4' concrete pad in a as approved by Public Works. The exact of proposed lift station also be approved by Public Works. 26. Specifications and details must be 27. Approval of the [ grading and plan required that additional the east side of the proposed plat information in the form of tog at the existing garages on thc acent be provided. Additional topo was also requested south and east at the proposed street intersection with Three Points Boulevard. None ~mation is on the final grading plan. City 100 feet, but we will accept less as long ordinance requires existing as the information provided is 28. Our preliminary review also additional information on the existing driveway immediately west of the str~,t. This has not been furnished. i~ the yards adjacent to Lots 9 and 29. The inlets to both storm sewer 10 will need shallow 27" dia. cat rosin ~\ 30. The proposed grade of the street needs more at the intersection with Three Points Boulevard A slope closer preferred. The 7% grade could be steeper, but not over % which is the by City code. 31. The Developer shall be for the private utilities, such as telephone, electric and gas services. The utilities shall not be installed until the boulevard or utility easements graded. All such 32. utilities shall be installed underground. No building permits shall be issued until a contract has been ed for utility and street construction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. 33. 34. letter of. EXHIBIT B, RESOLUTION 197- 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 items shall be the responsibility e Developer and shall be covered by an guarantee (surety bond, cash ), as specified: icate of deposit, or irrevocable Waterma $ 56,000 Storm Sewe~ $ 23,000 Grading and Constru, $ 21,000 ESTIMATED T, ~ $150,000 Amount of escrow Estimated total ($150 125% = $187,500 Submitted Johrl Cameron, City Engineer ¢:main: 11417:engmcmo 12. 13. EXHIBIT B, RESOLUTION J97- 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: ~forms with the City's Thoroughfare GuiderS- following revisions must be made tO,-conf° .rm with the rs adopted Thoroughfare Guide Plan~.~ :leration lanes provided - the intersection lanes are and of All street rights-of-way ight-of-way will ed width - on 17. [] [] Conforms construct In for ;torm sewer, professional of the propos facilities and Final utility plans requirements- The Developer has submittei for the proposed sanitary facilities; and has also well as the proposed street SPECIAL CONDITIONS Per the Developer's request, final City. If it is their desire to have the City part of its Capital Improvement submitted to the City. The cutoff date standards requiring the Developer to ssary to serve this plat - standards, the Developer shall be the necessary sanitary sewer, :ets needed to serve this plat. A must prepare the plans and sanitary sewer, watermain, storm serve the development. comply with all City required construction plans watermain and storm sewer profiles of these utilities as (public and private). SEE ,D. will be prepared by the these facilities as a petition must be petitions is October A,'. "P,:ESOLUTION #97- RESOLUTION NO. 9% 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 thereunder; and WHEREAS, the Section 330:00 of the preliminary plat of Maple 5490 Three Points Blvd. on January 14, 1997, held a Code of Ordinances, to on property described as: land): That part of the lying north of the of the West 150 line of Three of said line of "Lafayette Park Lake 25; Also that part of the East northerly of the northerly part of the East 100 feet of the West a line drawn east at right angles to the said west line distant 318.29 feet north, the southwest corner of said Lot 25. PID WHEREAS, said plat is in all respects and the requirements of the laws of the State of the City of Mound. NOW, THEREFORE, BE IT Minnesota; A. Final plat approval is pursuant to approval of the 0b feet of Lot 25, feet of said Lot .of said Lot 25 lying ~Boulevard; Also that 25 which lies north of Lot 25 from a point on along said west line, from 22 0249. the City plan and the regulations the City Code of Ordinances of by the City granted for Maple as requested by Waters Edge of the City of Mound, Development under PDA shown on the attached 'Exhibit A', to compliance with all of the · r' dated 1997 set forth and incorporated City Engmee s memo ' ' document as 'Exhibit B', and all. conditions of the preliminary plat 1) set forth and incorporated herein as part of the document and the following Home Residential Co. and as found in the as part of the ~lution #97- The Developer shall secure all applicable permits as defined by the City Engineer from all entities with jurisdiction over this project. 1~ :lease of this Park dedication fees shall be collected in the amount of $5,000 prior to re resolution for filing of the final plat. 10. 11. Proposed Resolution Maple Manors Final Plat April 8, 1997 Page 2 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 the City Attorney with information necessary to conduct a title search shall provide title ' all prior to filing of the final plat with Hennepin County a clear Prior to the lity releasing the final plat, the Developer shall sign a furnished b3 City. items co' and shall of the devel, bond, an irrevoca Attorney in the necessary to be The development contract shall stipulate said contract and shall be completed within with all City Codes not modifi contract, the Developer shall furnish letter of credit, or other form of of 125% of the cost of all prior to filing the final the necessary The Developer shall the City Code. The existing of $ 800. additional sums necessary t( ~ver expenses shall be deposited City The plat shall be filed with approving the final plat (November Certificates of Occupancy will and access servicing the homes Building Official. contract construction of all ,ecified period of time this resolution. As part City with a performance approved by the City public improvements Construction and ma' Practices. Construction BMPs. A new 100 year applies to units 7 foot freeboard revised to be required in Section 330:30 of plus an additional, $1,000 plus any planning, legal and administrative to the City releasing the final plat. Additional ounty within 240 days of the City Council for homes in the subdivision until utilities by the City Engineer, Fire Chief and of the site submitted tc to MPCA Best Management e City Engineer shall reflect said :~n is being created for The City floodplain ordinance the 100 year elevation, and the with the floodplain ordinance holding pond which these units to have a two floor elevations shall be will be required to the grading plan relatinfi not limited to, the following erosion control, lowest floor elevations, grading 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 April 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 (tn record forthwith without further formality, all in compliance with M.S.A. 462 and the City~)f 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 EXHIBIT A,. "RESOLUTION 197- 2:l~ . .. ~ ~-~ · . ~ · ~- , ...' { ' .' ,~- : I ~. J- ~ "i . . :..,.~ ~ il, , -- , ¢~ ,.. ~,, ~ OD,~... ~S~ON~as .~ :~l ~' ~ .... --. ~ ~ ., , ~ · ~ ~ ' ~m .~ . ,., ~ ~,. .... ,'". ~ .' x ~ ~, /el ~ fl :' -~-,,~ .... ~ ~ .~ -,-.-. ; ' ' ~ " ~ % ~ a / ~' " ~ ~--'~:'~'- I%' "" '- .... :',>': : : .. ~...: ~ ~ , [t ~.,. 7 ':':----;. '~" ', .'.-~. , ~, ~ ~ ~ a ~ "-~ t · ~ ~L . 1.. :.: ..................... EXHIBIT B, RESOLUTION CITY OF MOUND, MINNESOTA ENGINEER'S MEMO TO THE MOUND CITY COUNCIL ~f97- DATE: CASE NO: PETITIONER: FINAL PLAT: LOCATION: April 1, 1997 97-12 Joe Zylman - Waters Edge Investment Co. Maple Manors Three Points Boulevard ASSESSMENT RECORDS: N/A ~m No 3. [] [] [] 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. 4. [] [] [] 5. [] [] [] 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 - 10. 11. 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 subsequelntl~ t ' t e ' r r e th 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. 12. N/A Yes 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 and of All existing street rights-of-way are required width - Additional right-of-way will be required on 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 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 Distrfbution Plan - The following revisions will be required: 20. 21. The construction plans conform to the Comprehensive Sanitary Sewer Plan - The following revisions will be required: CONDITIONS. City's adopted SEE SPECIAL [] 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. N TR : 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. m~ti I Iil [I III] ' 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. 33. 34. EXMIBIT B, RESOLUTION #97- 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 Amount of escrow guarantee: $ 56,000 $ 23,000 $ 21,000 $ 50.000 $150,000 Estimated total ($150,000) x 125% = $187,500 Submitted by: _/,_'~.~j ~'z,V~ - ohn Cameron, City Engineer e:main: 11417:engmemo Application for MAJOR SUBDMSION City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 CITY ENGINEER PUBLIC WORKS FIRE DEPARTMENT '~/I ASSESSING OTHER: Please type or print the following ' PROPERTY Subject Address INFORMATION Name of Pro[ PAID MAR 6 3.997 GITY OF MOUND ASE NO. SKETH PLAN REVIEW PRELIMINARY PLAT $ 200 X' FINAL PLAT j' $150 $I0/LOT OVER 2 LOTS J CONDrrIONAL USE PE.~. PDA $ 250 ~SCaOW VSPOS~ ~ ~.000 :.,t.-;'u EXISTING ~ot ~.~,'~'~'.~ ,EGA, DESCRIPTION Subdivision Block Plat # ZONING DISTRICT Circle: R-1 APPLICANT The applicant is: R-3 B-1 owner ...~ther B-3 OWNER (if other than applicant) SURVEYOR/ ENGINEER Phone (H)~ (W)~ (Mi Address~ ~~ Phone (H) (W)~(M) ,.,,w. ]/29/97) Major Subdivision Application Page 2 Description of Proposed Use: ~, '~ ' (% ~ ~J .. .~ ~- EFFECTS OF not limited to PROPOSED USE: List impacts the proposed use noise, light, smoke/odor, parking, and ~have on property in the vicinity, includin taken to mitigate or eliminate the imp If applicable, a development of the proposed development. Est: RESIDENTIAL DEVELOPMENTS: Number of Structures: Lot Area Per Dwell Has an application ever ~ yes, ( ) no. If yes, to this application providing reasonable guarantees for the comp Cost of the Project: $.J_~.~o,'. o .J Number of Dwelling Units/Structure: ~ ;q. ft. Total Lot Area: ~ 80 D sq. ft. for zoning, conditional use permit, or other zoning procedure for this pro! of application, actic resolution number(s) and provide copies of resolution This applic must be signed by all owners of the subject t ame A or an explanation given why this is not the cc Print Owner's Name Owner's Signature Date Print Owner's Name Owner's Signature Date (Rev. 1/29/97) 3~5~97 Jnvedment 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 Title is currently held by the Landsmen's who live in Alexandria. We are planning p on 3/17/97. Title will Investment Co. Project. held by Waters Edge 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-maih at~s@kennedy-graven.com CORRINE II. THOMSON Anomey az Law Direct Dial (612) :337-9217 February 20, 1997 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. documents enclosed with that letter and have the following comments: I have reviewed the 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. o 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- 2 1- 9 7 MARK KOEGLER " cA~82~OHN CAMERON " 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 HOME RESIDENTIAL DEVELOPMENT AT THAT PART OF LOT 25, LAFAYETTE PAI:~ PID 13-117-24 22 0246, CASE g96-69 WHEREAS, the applicant, Joe Zylmaa of Waters Edge Investment Co., has submitted aa 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: 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' 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 shorelaad restrictions without the density bonuses that are allowed by the Code. The non- shorelaad PDA standards would allow this site to have 14 units under R-lA 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; 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 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-lA zone. January 14, 1997 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to hereby: A. 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: 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. o o 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. 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 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 Approve the development of the property legally described as follows: 5490 Three Points Blvd. (vacant land): That pan 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 pan 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 pan 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. 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. Mayor Attest: City Clerk EXHIBIT A, RESOLUTION ~97-1 MAPLE MANORS PRELIMINARY PLAT ORDINANCE//83-1997 AN ORDINANCE REZONING CF--aRTAIN LANDS AS DESCRIBED FROM R-1 SINGLE FAMILY RESIDENT/AL 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-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 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 fight 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 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 13-11%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 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 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 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: 1. The Developer shall secure all applicable permits as defined by the City Engineer from all entities with jurisdiction over this project. 2. 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 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 final plat, the Developer shall sign a development contract furnished by the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within 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 $ ~,00~ OO 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. 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 SUBDIVISION City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 PAID MAR 6 1997 GrrY OF MOUND PLANNING COMM. DATE CASE NO. DISTRIBUTION DA TE PLANNER CYFY ENGINEER I PUBLIC WORKS II DNR DEPARTMENT ASSESSING TYPE OF APPLICATION SKETH PLAN REVIEW PRELIMINARY PLAT qAL PLAT 10/LOT OVER 2 LOTS CONDITIONAL USE PERMIT: PDA ESCROW DEPOSIT VARIANCE TOTAL FEE $ 200 $150 $ 250 $1,000 $100 $1~"'o,¢' the followin information: Please type or p~-~,,t Aa,: .,,.. ...... PROPERTY Subject Address ~"q Name Of Proposed Pt~, EXISTING Lot ~~ LEGAL J ~ PID~ /'~ DESCRIPTION Subdivision ZONING DISTRICT Circle: R-1 R-2 R-3 B-1 B-2 B-3 APPLICANT The applicant is: ~owner ~ther: Address~ (if other than Address ~/ applicant) ~(W)~ (M) Phone (H) Name ~~ ENGINEER Address ' ~ ~- ' ~ Phone (H) (W)~(M) ~.9 ~Rev. 1/29/97) 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 proposed development. Estimated Development Cost of the Project: $.f_.-,)O~. r~o ,'. O ,~ RESIDENTIAL DEVELOPMENTS: Number of Structures: ,_5' Number of Dwelling Units/Structure: o,~ Lot Area Per Dwelling Unit:3~-/00 _ sq. ft. Total Lot Area: (o ~O o3 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. This application must be signed by al._! owners of the subject property, or an explanation given why this is not the case. Print Applicant's'Name Ap/~licant's --" D '7 Print Owner's Name Owner's Signature Date l~int 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 will then be held by Waters Edge Investment Co. Sincerely, Joe Zylman President - Waters Edge Investment Co. · REAL ESTATE BROKER · GENERAL CONTRACTOR · O*UI..- 2 1 -~? 11:35 ~ROM:K~NN~D¥ '"" i, ,1,, J & GRA~J£N ID'~12337~310 2/:2 PROPOSED REPLACElV[ENT. PARAGRAPH 9 _M 2 .E Erosion Control. Developer shall, at its expense, provide grading, drainage and erosion control plans to be reviewed and approved by the City. Such plans must comply with any erosion control method requested by the City for the prevention of damage to adjacent property and the control of surfam water runoff. Such plans shall also, to the extent deemed necessary by the City, provide for temporary dam.% earthwork or such other devices and practices including seeding of graded areas as necessary to prevent the washing, flooding, se~limen~on and erosion of lands and streets within and outside the plat during all phases of construction. Developcr shall keep all streets within and outside the plat free of all dirt and debris resulting from construction therein by Developer, its agents, employees and assignees. Prior to issuing building permits within thc plat, the City shall require escrow deposits of ~ for each lot to ensure that erosion control barriers and all other steps required to be taken to control erosion have been taken and remain continuously in place. If Dcvcloper fails to maintain such measures, or if dirt, sediment, sand, silt or debris is washed onto streets or other property, either within or outside the plat, the City shall, without further not/cc to Developer, have the right to restore the erosion control measures and remove the dirt, sand, silt, sedimentation or debris and to draw on thc escrow deposit an mount equal to 150% of the cost of such work. Thc escrows made under this paragraph on each of the lots will be pooled into a common account and will be available generally for activities contemplated under this paragraph. Unused amounts will be returned to Developer upon complet/on of consuucfion on thc last Iot. STRIKE OUT PARAGRAPH 11 ~IO*200-1 HO I S I NGTON KOEGLER I 287 PO1 ~UL 21 'g? 1~:04 FAX COVER LE'R'ER Date: July 2 I, 1997 Attention: Ion Suthefland Company: City of Mound Fax Number: --- From: Mark Koegler Re: Maple Manors Final Plat Hoisington Kocglcr Group Inc. Comments: I found the final hardcover calculations for Maple Manor in my file. As you can see, their hardcover is less than the 30% maximum so the resolution does not need to address any impervious cover variance. Sending a total of 2 pages, including this cover page. If you do not receive ali of the pages or are experiencing other problems in transmission, call and ask for assistance. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax(612) 835-3160 HO I S I NGTON KOEGLER ~87 PO~ JUL ~1 '97 1~: 04 Area and Hardcover Computations for Waters Edge Investment Company in Lots 25, Lafayette Park Revised 1/7/97 Area and. hardcover .c_omputation~: Total Area of Property Area of Road 121900 ± s.f. -20325 101575 s.f. Area of Propos&d Buildings One 2-unit building 3965 s.f. x 5 = Sidewalk 3 x 10 + 3 x 6 x 10 = Driveways 19825 s.f, 480 s.f, 8190 s.f. Total 8495 'Hardcover Percentage 28495 x 100 = 101575 28.05% 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 February 20, 1997 CORRINE Il. THOMSON Attorney al Law Direct Dial (612) 337-9217 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. documents enclosed with that letter and have the following comments: 1. I have reviewed the 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 " c~u~2~flOHN CAMERON " MU200-62 January 14, 1997 RESOLUTION NO. 97-1 RESOLUTION APPROVING A PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT AREA WITH V ARIANC~ FOR MAPLE MANORS TWIN HOME RF_~IDENTIAL DEVELOPMENT AT THAT PART OF LOT 25, LAFAYETTE PARK PID 13-117-24 22 0246, CASE WHEREAS, the applicant, 3oe 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: required rop.!.qgg__~_ variance 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 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 - 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-lA 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 WI~EREAS, according to the plan, 18 of the 34 trees on the site will be preserved, and; WI-IEREAS, 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 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-lA zone. January 14, 1997 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to hereby: A. 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. 2. The applicant shall be responsible for park dedication requirements consistent with Section 330:120 of the Mound Code of Ordinances. 3. 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. 4. Covenants, as submitted by the applicant shall be reviewed and approved 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. 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. 7. 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. 8. 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. 9. 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 pan of the Planned Development Area: 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' 10' 40' 35' 5' 6,000 sf 3,440 sf 2,560 sf 6,000 sf 3,314 sf 2,686 sf 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 sa.id 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. Mayor Attest: City Clerk C EXHIBIT A, RESOLUTION ~97-1 MAPLE MANORS PRELIMINARY PLAT ,I I I I I I I I I I I ! ! ! I ! ! I 1, 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 arm), 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 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 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 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. Attest: City Mayor Adopted by the City Council January 14, 1997 Published in The Laker February 1, 1997 BY-LAWS MAPLE MANORS OF HOMEOWNERS' ASSOCIATION, INC~ ARTICLE I. Name and Location The name of the corporation is Maple Manors Homeowners' Association, Inc., hereinafter referred to as "Association" The principal office of the corporation shall be located at 6326 Rambler Lane, Mound, Minnesota 55364, but meetings of members and directors may be held at such places within the County of Hennepin, State of Minnesota, as may be designated by the Board of Directors. ARTICLE I1. Definitions Section 1. "Association" shall mean and refer to Maple Manors Homeowners' Association, Inc., a Minnesota non-profit corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration, and such additions thereto as may hereafter be brought with the jurisdiction of the Association. Section 3. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The common Area to be owned by the Association prior to the conveyance of the first Lot to an Owner other than Declarant is described as follows: Lot 11 Block 1. Maple Manors Addition, Hennepin County. -1- Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 5. "Living Unit" shall mean and refer to all or any portion of a building situated upon the Properties designed and intended for use and occupancy as a residence by a single family. Section 6. "Owner" shall mean and refer to the record owner, whether one or more person or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 7. "Member" shall mean and refer to all Owners who are members of the Association as provided in this Declaration. Section 8. "Declarant" shall mean and refer to Maple Manors Homeowners, Association, a Minnesota corporation, its successors and assigns, if such successors and assign should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 9. "Declaration" shall mean and refer to Declaration of Covenants, Conditions and Restrictions, as amended from time to time, applicable to the Properties and recorded or to be recorded in the Office of the County Recorder or Registrar of Title (as appropriate) in and for Hennepin County. Minnesota. ARTICLE III. Meeting of Members Section 1. Annual Meeting. Regular annual meetings of the members shall be held on the 15th day of January of each year at the hour of 7:00 o'clock p.m.. If the day for an annual meeting of the members is a legal holiday, the meeting will be held at -2- the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the Class A members who are entitled to vote one-fourth (1/4th) of all of the Class votes of the members. Section 3. Notice of Meetings. At least 21 days in advance of any annual meeting, and at least 7 days in advance of any special meeting, written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting. Section 4. Quorum. The presence at the meeting of members entitled to cast. or of proxies entitled to cast, one-tenth (1/lOth) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum as aforesaid shall be present or be represented. Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall -3- be revocable and shall automatically cease upon conveyance by the member of his Lot. ARTICLE IV. Board of Directors: Selection: Term of Office Section 1. Number. The affairs of this Association shall be managed by a Board of three directors, who need not be members of the Association. Until the firms annual meeting of the members, the Board shall consist of the three persons named in the Articles of Incorporation. After the first annual meeting of the members, the Board may consist of five (5) directors. Section 2. Term of Office. At the first annual meeting the members shall elect a minimum of three directors for a term of one year. three directors for a term of two years and three directors for a term of three years. At each annual meeting thereafter, the members shall elect directors to fill all vacancies created by the number of directors whose terms are expiring. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5. Action Taken Without Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by C~ -4- obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V. Nomination and Election of Directors Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annuai meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI. Meetings of Directors Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director. Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII Powers and Duties of the Board of Directors Section 1. Powers. The Board of Directors shall have power to: a. Adopt and publish rules and regulations governing the use of the Common Area and facilities, the personal conduct of the members and their guests thereon and such other matters as are authorized by the Declaration and to establish penalties for the infraction thereof; b. Suspend the voting rights and right to use of the recreation facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed 60 days, for infraction of published rules and regulations; -6- c. Exercise for the Association all powers, duties and authority invested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation; or the Declaration; Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors, and e. Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2. Duties. It shall be the duty of the Board of Directors to: a. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4th) of the Class A members who are entitled to vote; b. Supervise all officers, agents and employees of this Association, and to see that their duties are properly pedormed; c. As more fully provided in the Declaration, to: (i). Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; (ii). Send written notice of each assessment to every Owner and to bring an action at law against the Owner personally obligated to pay the same if said assessment is not paid within thirty (30) days of the assessment due date. d. Issue, or to cause an appropriate officer to issue, upon demand by any -7- member, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate may be relied upon as being conclusive evidence of such payment by all persons or entities, except the Owner or Owners whose obligation it is to pay the same; e. Procure and maintain adequate liability and hazard insurance on property owned by the Association which shall include fire and extended coverage on insurable common property on a current replacement cost basis in an amount not less than 100% of the insurable value (based on current replacement cost), using the proceeds of such hazard insurance solely for the repair, replacement or reconstruction of such insurable common property, including insured improvements; f. Cause all officer or employees having fiscal responsibilities to be bonded, as it may deem appropriate, g. Cause the Common Area and the exterior of improvements on each Lot to be maintained as provided in the Declaration. ARTICLE VIII. Officers and Their Duties. Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors. a secretary and a treasurer and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first -8- meeting of the Board of Directors following each annual meeting of the members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise be disqualified to serve. Section 4. Special Appointment. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may. from time to time. determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board Any officer may resign at any time by giving written notice to the Board, the president or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaced. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices, except in the case of special offices created pursuant to Section 4. of this Article. Section 8. Duties. The duties of the officers are as follows: President -9- The president shall preside at all meetings of the association and the Board of Directors; shall see that orders and reso/utions of the Board are carried OUt; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. Vice-President The vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such duties as may be required of him by the Board. Secretary The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association, together with their addresses, and shall perform such other duties as required by the Board. Treasurer The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year, and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. -10- ARTICLE IX. Committees The Board may appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the Board of Directors may appoint other committees as deemed appropriate in carrying out its purpose. ARTICLE X. Books and Records The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member and by any first mortgagee. The Declaration, the Articles of Incorporation, and the By-Laws of the Association shall be available for inspection by any member and by any first mortgagee at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XI. Assessments As more fully provided in this Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve. -11- (12%) percent per annum and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs and reasonable attorneys fees of any such action shall be added to the amount of such assessment. No Owner may waiver or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. ARTICLE XII. Limitation on Contracts Any agreement for professional management of the Properties, or any other contract providing for professional management or other services by the Declarant, shall provide for termination by either party without cause or payment of a termination fee on thirty (30) days or written notice and shall provide for a maximum contract term of two (2) years. ARTICLE XIII. Corporate Seal The Association shall have no corporate seal. ARTICLE XIV. Amendments Section 1. These By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy, except that the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments where there is Class B membership C -12- Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control, and in the case of any conflict between the Declaration and the By-Laws. the Declaration shall control. ARTICLE XV. Miscellaneous The fiscal year of the Association shall begin on the first day of January and end on the 31 st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. The foregoing constitute the By-Laws of Maple Manors Homeowners Association, Inc. as duly adopted by the Board of Directors on the /,,L'H'''. day of /~ P,-~/ , 1996. -13- _DECLARATION OF COVENANTS, CONDITIONS. RESTRICTIONS AND EASEMENTS, FOR MAPLE MANORS ADDITION This Declaration, dated this /~ '~ day of ~ 1997 is made by / ' Waters Edge Investment Co., A Minnesota Corporation, fee owners and, shall hereinafter be referred to as "Declarant"). WHEREAS, Declarant is the owner of certain real estate located in Hennepin County, Minnesota, which is more particularly described as: Lots 1 through 11 inclusive, Block 1, Maple Manors Addition, Hennepin County. NOW, THEREFORE, Declarant hereby declares that the real property described above shall be transferred, held, sold, conveyed, occupied and developed subject to the following easements, covenants, restrictions, and condition, which are for the purpose of protecting the value and desirability of, and which shall run with the real property described above, and be binding on all parties having any right, title or interest in the same, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE Definitions .Section 1. The following words, when used in this Declaration (unless the context shall prohibit ) shall have the following meanings: -1- a. "Association" shall mean and refer to the Maple Manors Homeowners' Association, Inc., a Minnesota non-profit corporation, its successors and assigns. b. "Properties" shall mean and refer to that certain real property above described and such additions thereto as may be hereafter brought within the Jurisdiction of the Association. c. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association prior to the conveyance of the first Lot hereUnder is described as follows: Lot 11, Block 1, Maple Manors Addition, Hennepin County. d. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties, with the exception of Common Area. e. "Living Unit" shall mean and refer to all or any portion of a building situated upon the Properties designed and intended for use and occupancy as a resident by a single family. f. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including -2- contract sellers, but excluding those having such interest merely as security for the performance of an obligation. g. "Member" shall mean and refer to all Owners who are members of the Association, as provided in ARTICLE III, Section 1, hereof. h. "Declarant" shall mean and refer to Waters Edge Inv. Co., their successors and assigns, if such heirs, successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II. Property Rights In The Common Area Section 1. Every Owner shall have a right and easement of enjoyment in and to the Common Area, which shall include, without limiting the generality thereof, the right of access to and from the Owner's Lot, the right to park within areas designated there for by the Association, if any, the right of lateral support, the right to use party walls, if any, adjoining owners Lot, and the right to use utility, water and sewer easements, and which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association, in accordance with its Article and Bylaws, to borrow money for the purpose of improving the Common Area, and in aid thereof to mortgage said Common Area. No such mortgage shall be effective unless an instrument agreeing to such mortgage signed by two-thirds (2/3rds) of each class of Members has been recorded' and b. The right of the Association to take such steps as are reasonably necessary to protect the Common Area against foreclosure, and -3- c. The right of the Association to suspend the voting rights and use of the recreational facilities, if any, by any Owner for any period during which any assessment against his Lot remains unpaid and, for a period not to exceed 60 days, for each infraction of its published rules, and d. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication of transfer shall be effective unless an instrument agreeing to such dedication or transfer is signed by two-thirds (2/3rds) of each class of Members has been recorded, and e. The right of individual Owners to the use of any parking spaces as provided in this Article, and f. The right of the City of Mound, to enter upon the Common Area for the purpose of shutting off the water to any Living Unit in the event that the charges for water service to such Living Unit has not been paid. g. Easements in the Common Area, hereby created, for utility, water and sewer lines serving each Lot, including, but not limited to, any such easements as are shown on the recorded plat of the Properties. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Parking Rights. Each Lot contains parking areas (including garages) for the use of its Owner. In addition, each Owner may use the portion of the driveway which is located on the Common Area in such fashion as to not interfere with the use of such driveway by other Owners whose lots are served thereby. The Association may maintain additional parking spaces on the Common Area for the use of Owner's -4- guests and invitees, subject to reasonable regulation by rule of the Association. Section 4. Municipal Service Easement. The title of the corporation to the Common Area shall be subject to a non-exclusive easement in favor of the City of Mound, for the purpose of ingress and egress for police, fire, rescue and other emergency calls, for animal control, for health and protective inspection, and to perform or provide any other public service deemed necessary by the City of Mound. Section 5. Utility Maintenance and Construction Easement. An easement is hereby granted to the City of Mound for ingress, egress, construction and maintenance over the Common Area for the Performance of the following functions: street repair and maintenance, street construction and reconstruction, snow removal, sanitary sewer and storm sewer construction, reconstruction and maintenance, water main construction, reconstruction and maintenance' surface drainage and storm sewer construction, reconstruction and maintenance, weed control, cable television, and other public services that may become necessary in the future. Said easement rights shall be exercised only in the event that the City Council finds that the Association is unable to adequately perform such functions and that the health, safety and welfare of the Owners require that such functions be Performed Any work performed by the City of Mound pursuant to the foregoing shall be assessed against either the Common Area or against the individual Lots which benefit from the performance of the work. Section 6. Special Assessment for City Maintenance or Construction. If the City of Mound Performs any of the work pursuant to Article II. Section 4 and 5 of this Declaration, or constructs any public improvement pursuant to the laws of the State of Minnesota, then the City may assess the cost of such work directly against the benefited Lots, or the City may assess the Common Area for the cost of such work. In the event the City assesses the Common Area for the cost of such work, then the Association shall levy a Special Assessment against the benefited Lots to defray the -5- total amount of the assessment. Such Special Assessment nccd~ not have the assent of the Owners. ARTICLE III. Membership and Voting Rights in the Association Section 1. Membership. Every Owner of a Lot which is subject by covenants of record to assessment by the Association, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. Voting Rights. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: 1. When the total votes outstanding in the Class A membership are greater than the total votes outstanding in the Class B. membership, or 2. On June 30, 2001. -6- ARTICLE IV. Covenant for Maintenance Assessment Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed there for, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements or capital equipment to be owned by the Association, such assessments to be established and collected as hereinafter provided. Assessments shall be on a calendar year basis. The annual and special assessments, together with interest, costs, and reasonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. All assessments, both annual and special, shall become a lien upon the Lot on the date they become due and payable. Such annual assessments shall be due and payable in twelve equal monthly installments on the 1st day of each and every month, commencing on the 1st day of January. Special assessments shall be due and payable as determined by the Board of Directors. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due and payable. The personal obligation for delinquent assessments shall not pass to his successors in title, unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and -7- welfare of the residents in the Properties, and for the improvement and maintenance of the Common Area, and for the exterior maintenance of the Living Units situated upon the Properties. An adequate reserve fund shall be maintained for maintenance, repairs and replacement of those elements of the common property that must be replaced on a periodic basis. Section D. Maximum Annual Assessment Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Eight Hundred and 401100 Dollars ($840.00) per Lot. a. From and after January 1, of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year to an amount which is not more than the greater of five percent (5%) then current assessment or consumer price index (CPI-Urban Consumer), whichever is greater of the maximum assessment for the previous year without a vote of the membership. If the consumer price index is not being published at any point in time, such other index as is reasonably comparable shall be used for the purposes of the foregoing. b. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the amount permitted by subparagraph a. above by a vote of two-thirds (2/3) of each Class of members who are voting in person or by proxy, at a meeting duly called for this purpose. c. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. -8- Section 4. Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying' in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, or capital equipment to be owned by the Association, provided that any such assessment shall have the assent of two-thirds (2/3rds) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under 3 or 4 shall be sent to all members not less than 30 days nor more than 50 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the vote of each class of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for ali lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lot Owners other than the Declarant on the 1st day of the month following a conveyance to an non- Declarant Owner. Declarant shall not pay annual assessment on any Lot owned by Declarant. -9- The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of annual assessment against each Lot at least thirty (30) days in advance of each annual assessment. Written notice of the annual assessment shall be sent to every Owner subject thereto. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of this issuance. Section 8. Effect of Nonpayment of Assessments: Remedies Of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 12 percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Uen to Mortgages. Except as hereinafter provided in this Section, sale or transfer of any Lot shall not affect the assessment lien. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Such subordination shall apply only to the assessments which may have become due and payable prior to the date of expiration of the period of redemption following a mortgage foreclosure sale, or the date of any other sale or transfer to the first mortgagee in lieu of foreclosure. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. -10- ARTICLE V. Insurance and Reconstruction Section 1. Uability Insurance: Fidelity Bonds. The Board of Directors of the Association, or its duly authorized agent shall obtain a broad form of public liability insurance insuring the Association, with such limits of liabilities as the Association shall determine to be necessary, against all acts, omission to act and negligence of the Association, its employees and agents and provide public liability insurance specifically covering the common area. The Association's Board of Directors shall also provide fidelity bonds providing protection to the Association against loss by reason of acts of fraud or dishonesty on the part of the Association's directors, managers, officers, employees, or volunteers who are responsible for the handling of funds of the Association in an amount sufficient to provide no less protection than 110% times the estimated annual operating expenses and reserves of the Association. Section 2. Destruction and Reconstruction. In the event that a building or buildings containing a living unit is partially or totally destroyed and in the further event that a decision is made by the Owners of the living units in such building or buildings to repair or reconstruct such building or buildings, then such repairs or reconstruction must be substantially commenced no later than ninety (90) days following the date upon which such decision has been made by the Owners. No such reconstruction or repairs shall be commenced without (I.) the unanimous written consent of all the Owners in the buildings affected and (11.) the written approval of the plans and specifications of the proposed repairs and reconstruction by the Architectural Control Committee or Board of Directors as outlined in Article VI. hereof. In the event that the damage or destroyed building is not substantially completed within 180 days from the C -11- commencement of reconstruction, the Owner(s) of the living units within the building(s) in which the damage or destruction has occurred, upon prior written notice and approval of the plans and specifications of the proposed repair and construction by the Architectural Control Committee or the Association as outlined in Article VI. herein, by giving prior written notice to the Owner(s) of the lots affected and with the approval of members of the Association as is required for capital improvements, respectively may cause to have the damaged or destroyed building(s) repaired or reconstructed. Section 3. Manner of Reconstruction. On reconstruction, the design, plan and specifications of any building or living unit may vary from that of the original upon approval of the Architectural Control Committee; provided, however, that the number of square feet of any living unit may not vary by more than 5% from the number of square feet for such living unit as originally constructed and the location of the buildings shall be substantially the same as prior to the damage or destruction. All reconstruction costs and expenses shall be the sole obligation of the affected Owners only, and shall not be assessed to any other Owners. Section 4. Casualty Insurance on Insurable Common Area. The Association shall keep all insurable improvements and fixtures of the Common Area insured against loss or damage by fire for the full insurance replacement cost thereof, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other property whether real or personal, owned by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as the owner and beneficiary of such insurance. The insurance coverage with respect to the Common Area shall be written in the name of, and the proceeds shall be used by the -12- C~ Association for the repair of replacement of the property for which the insurance was carried. Premiums for all insurance carded by the Association are common expenses included in the common assessments made by the Association. In addition to casualty insurance on the Common Area, the Association, through the Board of Directors, may elect to obtain and continue in effect, on behalf of all Owners, adequate blanket casualty and fire insurance in such form as the Board of Directors deems appropriate in an amount equal to the full replacement value, without deduction for depreciation or coinsurance, of all of the dwelling units, including the structural portions and fixtures thereof, owned by such Owners. Insurance premiums from any such blanket insurance coverage, and any other insurance premiums paid by the Association shall be a common expense of the Association to be included in the regular common assessments of the Owners, as levied by the Association. The insurance coverage with respect to the dwelling units shall be written in the name of, and the proceeds thereof shall be payable to the Association as trustee for the homeowners. Further the Board of Directors may, by a two-thirds (2/'3rds) vote, have the Association elect to carry additional blanket casualty and fire insurance to cover improvement made by the owners on their individual units. Section 5. Replacement or Repair of Property. In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or replacement of the property damaged or destroyed, the Association may make a reconstruction assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other common assessments made against such Lot Owner. In the event that the Association is maintaining blanket -13- casualty and fire insurance on the dwelling units on the Lots in the properties, the Association shall repair or replace the same from the insurance proceeds available. Section 6. Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board of Directors in order to ascertain whether the coverage contained in the policies is sufficient to make any necessary repairs or replacement of the property which may have been damaged or destroyed. ARTICLE 5 Architecture Control No building, fence, wall, patio or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein (including change of color and planting of trees and bushes and garden area) be made until the plans and specifications showing the nature, kind, shape, color, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topographs by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. No structural change to a Uving Unit shall be made which diminishes the structural integrity of the building of which the Living Unit is a part. -14- ARTICLE VII. Exterior Maintenance Section 1. Mandatory Maintenance. In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: paint, repair, replacement and care of roofs, gutters, downspouts, exterior building surface, driveways, trees, shrubs, grass, walks and other exterior improvements. Such exterior maintenance shall not include glass surfaces, storm windows, screens and garage door (except painting, which shall be a responsibility of the Association) except that if an Owner after notice neglects to replace broken glass in exterior surfaces, the Association may do so, charging the cost thereof to the Owner. All such painting, repair and maintenance shall be done as and when, and to the extent that, the Board of Directors of the Association deems it necessary or desirable. The Association shall plow snow from the driveways, parking areas and sidewalks, including such portions thereof as are located on the Lots, but shall not be required to remove snow from walkways, Living Unit steps or patios. Section 2. Assessment of Cost. The cost of maintenance pursuant to Section 1 of this Article, if the need for such maintenance or repair pursuant to Section I is due to the willful or negligent act of an Owner or his family, guests or invitees, and to the extent the cost of such maintenance exceeds the net insurance proceeds received by the Association due to such act of neglect, if any, shall be assessed against the Lot upon which such maintenance is done and shall be added to and become a part of the current annual assessment against that Lot and, at the option of the Board of Directors, shall be payable in full with the next ensuing monthly installment of the then current C -15- annual assessment, or divided equally over the remaining months for the then current annual assessment and payable with and in addition to the monthly installments of the then current annual assessment. Section 3. Access at Reasonable Hours. For the purpose solely of performing the maintenance and repairs authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right, after reasonable notice to the Owners, to enter upon any Lot or Uving Unit with such persons and material as the Association deems necessary at reasonable hours on any day. Section 4. Emergency Access. For the purpose of performing emergency repairs under this Article, or of taking emergency action to seal a Uving Unit from weather or otherwise to prevent damage or destruction to any Lot or Living Unit, the Association through its duly authorized agents or employees, shall have the right to enter upon any Lot or Uving Unit at any time, without notice, with such person and material as the Association deems necessary, to accomplish such emergency repairs or to take such emergency action. Section 5. Heating of Living Units. For the purpose of preventing damage to and breakage of water, sewer and other utility lines and pipes in a Uving Unit which might result in damage to that or other Living Units, all Owners shall maintain the temperature in their Living Units, at all times, at least 55 degrees Fahrenheit, subject, however, to the inability to maintain such temperature due to causes beyond the Owner s reasonable control. Any damage resulting from the refusal or failure of an Owner to so maintain such minimum temperature may be repaired by the Assodation and (unless due to causes beyond the Owner's reasonable control) the cost thereof assessed against the Lot of the refusing or failing Owner to the extent and in the -16- manner set out in Section 3 of this Article. However, if the failure to maintain such minimum temperature is due to causes beyond the Owner s reasonable control, the cost of such repair shall be a common expense. Section 6. Lawn and Planting Maintenance. The Association shall mow, water, rake and maintain, all to the extent the Board deems necessary or desirable, all lawns and exterior plantings both on the Common Area or on the Lots. ARTICLE VIII. Party Walls Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the Living Units upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful act or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. -17- Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act cause the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right. to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provision of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE IX. Building and Use Restrictions Section 1. Residential Use. No Lot shall be used except for residential purposes, provided, however, that this Section shall not be construed to prohibit the use of a portion of a residence for incidental office purpose to the extent permitted by applicable zoning laws. Section 2. Common Area Restriction. No industry, business, trade, occupation or profession of any kind shall be conducted, maintained or permitted on any part of the Common Area, nor shall any "for sale" or "for rent" signs be maintained or permitted on any part thereof. The foregoing shall not prohibit Owners from maintaining '1:or sale" or "for rent" signs on their Lots. Section 3. Obstructions. There shall be no obstruction of the Common Area, nor shall anything be kept or stored on any part of the Common Area without the prior -18- written consent of the Board of Directors or the architectural control committee. Nothing shall be altered on, constructed on, or removed from the Common Area except upon the prior written consent of the Board of Directors or the Architectural Control Committee. Section 4. Prohibition of Damage and Certain Activities. Nothing shall be done or kept on any Lot or on the Common Area or any part thereof, which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any government body. No damage to, or waste of, the Common Area or any part thereof or to or of the exterior of the Properties or any buildings or other improvements thereon shall be committed by any Owner or any invitee of any Owner and each Owner shall indemnify and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste caused by him or his invitees, to the Association or other Owners. No noxious, destructive or offensive activity shall be allowed on any Lots or in the Common Area or any part thereof, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any other Owner or to any other person at any time lawfully residing on the Properties. Section 5. Fences, Walls and Patios. No Owner shall construct, relocate, heighten, lower or otherwise move or change any fence, wall, patio or other structure upon, adjoining or adjacent to the Common Area, except as provided in ARTICLE VI hereinabove. The Board of Directors of the Association or the architectural control committee shall have the authority, however, to grant to an Owner ~he right to construct a patio partly on Common Area adjoining his Lot within uniform maximum area and location limitations and in accordance with such rules and regulations as are C -19- established and amended from time to time by the Board of Directors or the architectural control committee, provided the improvements are approved in accordance with ARTICLE VI. hereinabove. Section 6. Prohibited Structures. No structure of a temporary character, trailer, basement, tent, or shack shall be maintained on the Common Area of any Lot nor shall any garage or other building except a permanent residence, be used on any Lot at any time as a residence or sleeping quarters, either temporarily or permanently. The Association may maintain on the Common Area storage sheds to be used by the Association for the storage of lawn maintenance equipment and other common property. Section 7. Storage. Outside storage of any items, including but without limiting the generality of the foregoing, sporting equipment, toys, outdoor cooking equipment (except lawn furniture and one gas or charcoal grill per Lot), yard and garden tools and equipment and trash and garbage containers shall not be allowed. No boats, snowmobiles, trailers, camping vehicles, tractor/trailer or trucks in excess of 9,000 pounds gross weight or unlicensed or inoperable vehicles shall at any time be stored or parked on any Lot outside of a living unit or garage. No such boats, snowmobiles, trailers, camping vehicles, tractor/trailers, trucks, unlicensed or inoperable vehicles shall be stored or parked on any Common Area without the express written approval of the Board of Directors, which may be withheld without stated reason. Section 8. Signs. No sign of any kind shall be displayed to the public view on any Lot, except as permitted by regulations adopted by the Board. Section 9. Antennae. No television or radio antennae shall be erected or placed upon the exterior of a Lot or house or garage. -20- Section 10. Cloths Line. No clothes line shall be permitted upon a Lot or the exterior of a house or a garage, nor shall clothes, sheets, blankets, laundry of any kind or other articles be hung out so as to be visible from outside the Lot. Section 11. Pets. No pets shall be permitted to be kept on the Property by any Owner or occupant except conventional domesticated animals of a type normally kept as pets in residential areas. No kennel, dog house or outside run shall be constructed or maintained on the Property. No pet shall be kept for any commercial purpose nor shall pets be bred for a commercial purpose upon the Property. Any cat or dog, whenever outside of a Uving Unit, must be kept under the direct control of the pet owner or another person able to control the pet. The person in charge of the pet must clean up after it. The Board may adopt more specific rules and penalties not inconsistent with the foregoing, and may make all or specified portions of the Common Area off limits to pets. Upon the petition of 75% of the Owners of Lots located within 75 feet of the Lot in which resides a specified dog, the Board may order the removal of a particular dog for constant and uncontrolled barking, repeated instances of wandering unleashed or other repeated behavior reasonably offensive to others, provided that the Owner of the Lot harboring the dog shall first have 30 days written notice in which to correct the offensive behavior. Section 12. Landscaping. The Board of Directors or the architectural control committee may, in accordance with uniform standards adopted from time to time and subject to amendment and revocation, permit an Owner to maintain annual and perennial flowers and planting within such Owner's Lot or a specified portion of the Common Area adjacent to his Lot, subject in each instance to the right of the Board of Directors or the Architectural control committee to disapprove plantings and locations C -21- which would be disharmonious without a stated reason. Section 13. Rules and Regulations. The Board may from time to time adopt such other rules and regulations governing the use and enjoyment of the parking area and the Common Areas and additional rules and regulations concerning the appearance of those portions of each Lot visible from a street as the Board in its sole discretion deems appropriate or necessary. The Board may also cause prohibited vehicles and other objects to be removed from the Common Area at the Owners expense Section 14. Rights of Declarant. Until the last Lot is sold and conveyed to an Owner other than a Declarant, the following activities by Declarant will not be deemed violations of the foregoing restrictions: a. The use of a Lot or Lots for model and sales office purposes; b. The storage of construction trailer, equipment, materials and earth during the construction of new Living Units; c. The display of signs advertising the Properties or the new Living Units and the maintenance of temporary fencing, walkways, landscaping and burning in the vicinity of model and sales units. ARTICLE X. Rights of First Mortgagees Section 1. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. -22- Sect/on 2. A first mortgagee of a Lot, upon written request to the Association, is entitled to written notification from the Association of any default in the Performance by the Owner of the Lot of any obligation under the Declaration or By-Laws which has not been cured within sixty (60) days of the date of such default. The Association shall maintain a log of such requests. A contract vendor is entitled, upon written request, to be included in such log, and to receive such notifications. Section 3. Any first mortgagee who obtains title to a Lot pursuant to the remedies provided in the mortgage, or by foreclosure of the mortgage, or by deed or assignment in lieu of foreclosure, will be exempt from any right of first refusal contained in the Declaration or By-Laws. Section 4. Any first mortgagee who obtains title to a Lot by foreclosure of the mortgage or by sale or transfer in lieu of foreclosure shall not be liable for the unpaid assessments of the Lot which become due and payable prior to the date of expiration of the period of redemption following a mortgage foreclosure sale, or the date of sale or transfer to the first mortgagee in lieu of foreclosure. Section 5. Unless at least two-thirds (2_./3rds) of the Owners or their assigns, including but not limited to, first mortgagees who have obtained title to a lot by foreclosure or by sale or transfer in lieu of foreclosure, not including the Declarant, have given their prior written approval, the Association shall not be entitled to: a. By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the common property owned, directly or indirectly, by the Association for the benefit of the Lots. The granting of easements for public utilities or for other public purposes consistent with the intended use of -23- such common property shall not be deemed a transfer within the meaning of this subsection: b. Change the method of determining the obligation, assessments, dues or other charges which may be levied against an Owner; c. By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design of the exterior appearance of Uving Units, the exterior maintenance of Uving Units, the maintenance of the common property, party walks or common fences and driveways, or the upkeep of lawns and plantings; d. Fail to maintain fire and extended coverage on insurable common property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value, based on current replacement cost; or e. Use hazard insurance proceeds for losses to any common property otherwise than for the repair, replacement or reconstruction of such common property. Section 6. First mortgagees shall have the right to examine the books and records of the Association. Section I. First mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any common property and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the common property, and first mortgagees making such payments shall be owed immediate reimbursement there for from the Association. -24- Section B. No provision of the Declaration or By-Laws shall be construed as giving the Owner or to any other party priority over any rights of first mortgagees of Lots pursuant to their mortgage in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of a common property. ARTICLE XI. General Provisions Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and shares now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Duration and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of, an be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assign, for a term of twenty (20) years from the date this Declaration is recorded, after which time the covenants and restrictions shall be automatically renewed for successive periods of ten (10) years. Except as hereinafter provided, this Declaration may be amended during the C -25- first twenty-year period by an instrument signed by not less than ninety (9(7'1o) percent of the Owners and thereafter by an instrument signed by not less than two-thirds (2/3rds) of the Owners. Any amendment must be recorded. The prior written approval of at least two-thirds (2/3rds) of the first mortgagee of Lots, based upon one vote for each mortgage owned, or Owners other than the Declarant shall be required for any amendment of this Declaration which would affect the right of the Association to take any of the action referred to in Article X., Section 5. Section 4. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed postage paid to the last known address of the person who appears as Member or Owner of record of the Association at the time of such mailing. Section 5. Easements. Each Lot shall have the benefit of a permanent, appurtenant, driveway easement over the portions of the Common Area and of any other Lot on which the driveway serving such benefited Lots, as originally constructed, is located. Additionally, each Lot shall have the benefit of a permanent, appurtenant easement for the maintenance of any portion of the Living Unit located on the benefited Lot that encroaches onto or overhangs an adjoining Lot or an adjoining portion of the Common Area whether such encroachment is a part of such Uving Unit as originally constructed or results from settling, sag, or similar cause. ARTICLE. E XII FHA/VA Approval At all times while there is a Class B member, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers and consolidations, -26- mortgaging of Common Area, dedication of Common Area, and amendment of this Declaration. IN WITNESS WHEREOF, the undesigned, being the Declarant herein, has hereunto caused thee presents to be executed on this/_/_/_c~.__~day of 1997. JO01 ~i. Zylman, .~r~)sident Waters Edge Investment Co. STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me thi- /..~,-F-~ .~ .... - ,'~! _1997, by Joel M Zylman President; Waters ~dge'~nves,~'~'o.' C~ Subscribed and sworn to, before me, this/_,.~_ day of Notary Public ,1997. -27- ARTICLES OF INCORPORATION ~c!' ~ ~ A~ 0~ THE MAPLE MANORS HOMEOWNERS' ASSOCIATION, INC.. The undersigned, for the purpose of forming a corporation under the Minnesota Non-Profit Corporation Act 317A, do hereby associate ourselves as a body corporate and do hereby adopt the following Articles of Incorporation: ARTICLE I. The name of the Corporation shall be Maple Manors Homeowners' Association, Inc. (hereinafter referred to as the "Association") ARTICLE II. REGISTERED OFFIC~ The registered office of the Association shall be located 6326 Rambler Lane, Mound, Minnesota 55364 ARTICLE III. PURPOSES AND POWERS The purposes of the Association are to provide for maintenance, preservation and architectural control of Lots and CommonArea (as said terms are defined in the Declaration referred to in subparagraph b of this Article III ) within the following described property, to-wit: Lot 11. Block 1. Maple Manors Addition, Hennepin County, hereinafter collectively referred to as the "Property", together with such additional land as may be brought within the -1- Pr°I)°sed Resolution Maple Manors Final Plat July 22, 2997 t'age ! 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, ~997, held a public hearing pursuant to Section 330:00 of the Mound City Code of Ordinances, to consider the approval of the preliminary p/at 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; A/so 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 1/ne 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 5' ~ty Engineer's memo dated Anr;~ ~ ,,,,-,-. a11 of the conditions found in the oOCumenta.~ ,r:,.h;~.: .... ~-- ,, ~,v/, set forth - ~.-,-~,~r ~, and all the conditions and incorporated herein as part of the of the preliminary plat approval (Resolution #97- 1) set forth and incorporated herein as part of the document and the following conditions: 1. 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 July 22, 1997 Page 2 10. 11. 3. 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. 4. The Developer shall provide the City Attorney with Homeowner's Documents and Declaration of Covenants for his review and approval. Such documents shall disclose that Article XI of the Articles of Incorporation has been amended in the manner described in the attached Exhibit "C". 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. 5. 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 pr/or 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 expenses shall be deposited with the City prior to the City releasing and administrative 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 July 22, 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. 13. 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. 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. Proposed Resolution Maple Manors Final Plat July 22, 1997 F-rhibit Article XI Dissolution The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3rds) of each class of members. Upon dissolution of the Association other than incident to a merger or consolidation, the assets of the Association shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. jurisdiction of the Association by amendments of the Declaration referred to in subparagraph b. of this Article III., or by annexation in the manner provided in said Declaration; to promote the health, safety and welfare of the residents within the Property, and to maintain insurance as provided in the Declaration, all as set forth in the Declaration. To accomplish the foregoing purpose, the Association shall have the following powers: a. To operate and function exclusively as a non-profit corporation with the right, powers and privileges perm/tted by Chapter 317A of the Minnesota Statutes. b. To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR MAPLE MANORS ADDITION (herein called the "Declaration") applicable to the Property and recorded in the Office of the County Recorder for Hennepin County, Minnesota, and as the same maybe supplemented, amended, or restated from time to time as therein provided, said Declaration being incorporated herein as if set forth at length. c. To fix, levy, collect and enforce payment by any lawful means, all charges or assessments against the Property, to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association including all licenses, taxes or -2- -2- governmental charges levied against the Association or its Property. d. To acquire (by gift, purchase or otherwise), own, hold, improve, operate, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of real or personal property in connection with the affairs of the Association. e. To borrow money, and, subject to the requirement of obtaining the written assent of two-thirds (2/3rds) of each class of Members as is required in the Declaration, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred. f. To dedicate, sell or transfer all or any part of the Common Area of the Property to any public agency, authority or utility or non-profit corporation organized for the same general purposes as this Association, for such purposes and subject to such conditions as the Association shall deem appropriate. However, no such dedication, sale or transfer shall be effective unless an instrument directing such dedication, sale or transfer shall have been signed by such number, if any, of each class of members and, of the holders of first mortgages of record against Lots as is required by the Declaration, agreeing to such dedication, sale or transfer. g. To participate in mergers and consolidations with other non-profit corporations organized for the same --3-- purposes,provided that such merger or consolidation shall have been approved by an instrument signed by two-thirds (2/3rds) of each class of Members, or two-thirds (2/3rds) percent of the first mortgages; h. To enforce any and all covenants, conditions, and restrictions applicable to the Property: i. To do any other thing now or hereafter permitted a corporation organized under the non-profit corporation law of Minnesota. which in the opinion of the Board of Directors of the Association, will promote the common benefit and enjoyment of the members of the Association. The foregoing enumeration of powers is made in furtherance, and not in limitation, of the powers conferred upon this Association by law, and is not intended, by the mention of any particular power, to exclude, limit or restrict any lawful power to which this Association may be otherwise entitled. ARTICLE IV NO PECUNIARY GAIN TO MEMBERS The Association does not and shall not afford pecuniary gain. incidentally or otherwise, to its members. ARTICLE V. MEMBERSHIP Every person or entity who is a record owner, whether one or more persons or entities, of the simple title to any Lot including contract sellers, but excluding those having such --4-- interest merely as security for the performance of an obligation which is subject by the covenants of record to assessment by the Association shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. No property rights inheres in any membership, and memberships are not transferable, except in connection with transfer of the fee or equitable interest out of which the membership arises. ARTICLE VI. VOTING RIGHTS The Association shall have two classes of voting membership: Class A: Class A members shall be all Owners, with the exception of the Declarant (as said terms are defined in the Declaration), and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all said persons shall be members. The vote for said Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot owned by a Class A member. Class B: The Class B member shall be the Declarant. Declarant shall be entitled to three (3) votes for each Lot in the Property owned by the Declarant The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: a. When the total votes outstanding in the Class A membership is greater than the total votes outstanding in the --5-- Class B membership, or b. On June 30, 2001, Thereafter, Declarant shall be entitled to one (1) vote for each Lot owned by the Declarant in the Property. ARTICLE VII _ BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of Directors. The initial Board of Directors shall consist of three(3) directors, each of whom shall continue until the first meeting of the members and until his successor is elected and qualified. The names and addresses of the members of the first Board of Directors are as follows: Joel M. Zylman 6326 Rambler Lane Mound. Minnesota 55364 Christina F. Zylman 6326 Rambler Lane Mound. Minnesota 55364 Linda R. Jacaruso 1850 S.W. Crane Creek Ay. Palm City, FL 34990-2216 -6- At the first annual meeting the members shall elect five (5) directors. Who need not be members of the Association. Until this first annual meeting of the members, the Board shall consist of the three persons named in the Articles of Incorporation. After the first annual meeting of the members, the Board mayconsist of five (5) directors. Article VIII, DURATION The duration of the Association shall be perpetual. ARTICLE IX. CAPITAL STOCK The Association shall have no capital stock. ARTICLE X. PERSONAL LIABILITY OF MEMBERS The members of this Association shall have no liability for obligations of the Association. ARTICLE XI DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3rds) of each class of members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that said dedication is refused acceptance, said assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other --7-- organization to be devoted to such similar purposes. ARTICLE XII. AMENDMENTS Amendment to these Articles shall require the assent of members owning two-thirds (2/3rds) of the Lots (as that term is defined in the Declaration). ARTICLE XIII. INCORPORATIONS The name and address of the Corporation constituting the incorporator who is forming Maple Manors Homeowners' Association, Inc is as follows: Waters Edge Inv. Co. Joel M. Zylman, Pres. 6326 Rambler Lane Mound, Minnesota 55364 ARTICLE XIV. FHA/VA APPROVAL As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers and consolidations, mortgaging of Common Area, dedication of Common Area. dissolution and amendment of these Articles. -8- of Incorporation this STATE OF MINNESOTA IN WITNESS WHEREOF, we have hereunto executed these Articles /~day of ~__, 199 7' SS. COUNTY OF On this /Z~ day of /~Og , 199~. before me a notary public within and for said County, personally appeared Joel M Zylman,President, Waters Edge Investment Co., to me known to be the incorporator described in the foregoing instrument and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public i -9- PLANNING REPORT July 17, 1997 To: Mound City Cotmcil From: Bruce Chamberlain Planning Consultant Re: Teal Pointe Conservation Easement. Background: The final plat for Teal Pointe was approved in 1995 as a nine lot, single- family residential subdivision. The process roi' project approval ended up being fairly involved due to some neighborhood opposition and environmental concerns. An Environmental Assessment Worksheet (EAW) was co~npleted and approved resulting in the finding that the project could be completed as proposed without significant environmental degradation as long as several conditions were met. One of those conditions was that a conservation easement be established to guide development of tile property. An easement was subsequently drafted to conserve natural vegetation and topography along the wetland edge. Among other things, the easement states that no construction, tree removal or excavation shall occur within the easement. In other words tile easement area is off-limits to traditional homes and yards as well as activities related to construction of each home. The easement was not filed with the County along with the other plat documents and ownership of all the lots has now passed fi'om the original developer. Issues: There are two pri~nmy issues to be resolved. The first is that a conservation easement was determined to be a good tool to protect the environment during and after development of Teal Pointe and it is in the public's best interest to have a conservation easement in place on tile property. The second issue is that the extent and restrictions of the conservation easement as originally drafted, make development on some of the parcels nearly impossible. This concern did not become apparent until building permits were requested on some of the parcels. Discussion: Staff has reviewed this issue and spoken with the current owners of tile Teal Point lots with exception to the owner of lot five. Of the owners contacted, all are willing to accept a conservation easelnent on their parcel that, in Staff's opinion, meets tile intent of the EAW but allows the property owners enough flexibility to adequately develop their land. Attached to this report are conservation easements for each lot drafted by tile City Planning Report - Teal Pointe July 17, 1997 Page 2 Attorney. The easements are worded in three different ways. Lots one through three would have an easement applied exactly the same as that originally proposed. These lots are very deep and as a result the original easement is not excessively restrictive to development. In return for the easement, the owner of lots one and two would like assurance from the City that no additional review requirements will be placed on development of those lots. Lots four through nine would have a modified easement applied to them. On these lots the easement would include a 40 foot band of land adjacent to the wetland rather than 50 feet. Lots four and five would have the same management restrictions as the original easement. Lots six through nine would allow necessary grading and tree removal to occur in the easement within restrictive limits and only during the initial construction of the home. Upon the certificate of occupancy being issued, the restrictions on management of the easement area would revert to the language originally drafted. Staff will be available at the Council meeting to review the issue and answer questions you may have. A.'tTE.4L2.3IEM RESOLUTION #97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND MODIFYING CONSERVATION EASEMENTS FOR LOTS IN THE TEAL POINTE RESIDENTIAL SUBDIVISION WHEREAS, Resolution 95-13 granted plat approval to the Teal Pointe residential development with conservation easements attached as Exhibit D in said resolution; and, WHEREAS, conservation easements were established to protect the natural aesthetics and enviromnent of the wetland edge; and, WHEREAS, subsequent to plat approval it has become apparent, through building permit applications, that there are practical difficulties in developing some lots within the subdivision to the requirements defined in the conservation easements; and, WHEREAS, it is the professional opinion of City Staff and concurrence of the City Council that the conservation easements can be modified for some lots to allow more flexibility in development and still meet the original intent of the conservation easements; and, WHEREAS, property owners in the Teal Pointe Subdivision have verbally agreed to modified conservation easements. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Conservation easements in Teal Pointe shall be described according to Attachment "A" of this resolution. This resolution and conservation easements shall be filed with Hennepin County and run with the property; and the form of conservation easement contained in Exhibit "A" hereto shall supersede and replace the form of conservation easement contained as Exhibit D in Resolution 95-13 612-8~5-~160 HOISINGTON KOEGLER 271 Creatlvc $olution~ £or Lend Planning end Dc.qgn JUL 17 16:~3 Hoisington Koegler Group Inc. PLANNING REPORT July 17, 1997 To: Mound Cit7 Council From: Bruce Chamberlain Planning Consultant Re: Teal Pointe Conservation Easement. Background: The f'mal plat for Teal Pointe was approved in I995 as a nine lot, single-family residential subdivision. The process for project approval ended up being fairly involved due to some neighborhood opposition and environmental concerns. An Environmental Assessment Worksheet (EAW) was completext and approved resulting in the finding that the project could be completed as proposed without significant environmental degradation as long as several conditions were met. One of those conditions was that a conservation easement be established to guide development of the property. An easement was subsequently drafted to conserve natural vegetation and topography along the wetland edge. Among other things, the easement states that no construction, tree removal or excavation shall occur within the easement, la other words the easement area is off-limits to traditional homes and yards as well as activities related to construct, ion of each home. The easement wa.~ not filed with the County along with the other plat documents and ownership of all the lots has now passed from the original developer. Issues: There are two primary issues to be resolved. The first is that a conservation easement was determined to be a good tool to protect the environment during and after development of Teal Pointe and it is in the public's best interest to have a conservation easement in place on the property. The second issue is that the extent and restrictions of the conservation easement as originally drafted, make development on some of the parcels nearly impossible. This concern did not become apparent until building permits were requested on some of the parcels. Discussion: Staff has reviewed this issue and spoken with the current owners of the Teal Point lots with exception to the owner of lot five. Of the owners contacted, all are willing to accept a conservation easement on their parcel that, in Staff's opinion, meets the intent of the EAW but allows the property owners enough flexibility to adequately develop their land. Attached to this report are conservation easements for each lot drafted by the City Attorney. The easements are worded in three different ways. Lots one through three would have aa easement applied exactly the same as that originally proposed. These lots are very deep and as a result the 7300 Metro Boulevard. Suite 525. Minnealx)lis, Minnesota 55439 (612) 835-9960 Fax (612)83.5-3160 ~0 HOISINGTON KOEGLER 271PO~ JUL 17 '97 16:34 612-8~5-~160 Planning R~port - Teal Point~ July 17,199'/ Page 2 original easement is not excessively restrictive to development. In return for the easement, the owner of lots one and two would like assurance from the City that no additional review requirements will be placed on development of those lots. Lots four through nine would have a modifie~l easement applied to them. On these lots the easement would include a 40 foot band of land adjacent to the wetland rather than 50 feet. Lots four and five would have the same management restrictions as the original easement. Lots six through nine would allow nexessaxy grading and tree removal to occur in the easement within restrictive limits and only during the initial construction of the home. Upon the certificate of occupancy being issued, the restrictions on management of the easement area would revert to the language originally drafted. Staff will be available at the Council meeting to review the issue and answer questions you may have. T E R E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.corn RECEIVED JUL JOHN B. DEAN Attorney at Law Direct Dial (612) 337-9207 July 16, 1997 Edward J. Shukle, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: _Conservation Easements - Teal Pointe Dear Ed: BY FAX AND MESSENGER Enclosed please find the proposed revised Conservation Easements for Teal Pointe. These modifications have been done to conform to the revised easement areas which have been developed by John Cameron and Jon Sutherland following discussions with most of the owners involved. The changes differ from the original document in several ways: 1. The grantor is no longer Teal Pointe Development Company. That entity no longer has legal status to grant the easements. The grantors are now the owners of the individual lots. 2. The area on the easement has been changed for Lots 4, 5, 6, 7, 8 and 9 from 50 feet to 40 feet. This is done because there are practical difficulties in developing those properties entirely outside of the 50-foot area. 3. The easements for 6, 7, 8 and 9 also allow for certain initial construction activities within the easement area, but only upon the approval of the city. JBDI26551 MU200-1 Edward J. Shukle July 16, 1997 Page Two I am informed that these modifications do not defeat the objectives of the city in requiring the easements in the first place; and do permit orderly and reasonable development of the lots in Teal Pointe. John B. Dean JBD:pl Enc. CC'. John Cameron ') JBDi26551 MU200-1 CONSERVATION EASEMENT THIS EASEMENT, made this ~ day of , 19 , by and between TONKA BAY SALES, INC., a Minnesota corporation ("Grantor") and tl~e CITY OF MOUND a municipal corporation under the laws of the State of Minnesota ("Grantee"). The Grantor, for good and valuable consideration to it in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby convey to the Grantee a permanent easement for conservation purposes (the "Easement Area"), which easement is described on Exhibit A attached hereto and incorporated herein by reference, as follows: 1. Grantor, for itself, its successors and assigns, declares and agrees that the following prohibitions shall continue in perpetuity in the Easement Area: a) Constructing, installing or maintaining anything (specifically including docks) made by man. b) Cutting or removing trees or other vegetation. Notwithstanding the :~, foregoing, trimming trees to maintain their health, removing diseased trees and removing selected trees to allow sunlight to penetrate to limited parts of the Easement Area may be permitted, but only when approved by the Grantee. c) Excavation or filling within the Easement Area. d) Application of chemicals for destruction or retardation of vegetation, unless first approved by the Grantee. e) The deposit of waste or debris. 0 g) The application of herbicides, pesticides and insecticides. The application of fertilizers. h) Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife in the Easement Area. 2. Grantor, for itself, its successors and assigns, further grants to the Grantee the affirmative right, but not the obligation, to do the following in the Easement Area: a) Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor. b) Enter upon the Easement Area at any time to enforce compliance with the terms of this instrument. JBD126544 MU200-1 c) Take such other action as the Grantee deems necessary or advisable in its sole discretion, to enforce compliance with the terms of this instrument. IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed the day and year first above written. GRANTOR: TONKA BAY SALES, INC. By: Its: GRANTEE: CITY OF MOUND By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1997 by , the Inc. _ day of ., of Tonka Bay Sales, Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1997 by and the Mayor and City Manager respectively of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public JBD126544 MU200-1 EXHIBIT A An easement for flowage and conservation purposes over those parts of the following described property: The Northeasterly 50.00 feet of Lots 1 and 2, Block 1, TEAL POINTE, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. JBD126544 MU200-1 3 3 CONSERVATION EASEMENT THIS EASEMENT, made this ~ day of , 19 , by and between CALIBER BUILDERS, INC., a Minnesota corporation ("Grantor") and th CITY OF MOUND a municipal corporation under the laws of the State of Minnesota ("Grantee"). The Grantor, for good and valuable consideration to it in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby convey to the Grantee a permanent easement for conservation purposes (the "Easement Area"), which easement is described on Exhibit A attached hereto and incorporated herein by reference, as follows: 1. Grantor, for itself, its successors and assigns, declares and agrees that the following prohibitions shall continue in perpetuity in the Easement Area: a) Constructing, installing or maintaining anything (specifically including docks) made by man. b) Cutting or removing trees or other vegetation. Notwithstanding the foregoing, trimming trees to maintain their health, removing diseased trees and removing selected trees to allow sunlight to penetrate to limited parts of the Easement Area may be permitted, but only when approved by the Grantee. c) Excavation or filling within the Easement Area. d) application of chemicals for destruction or retardation of vegetation, unless first approved by the Grantee. e) The deposit of waste or debris. The application of herbicides, pesticides and insecticides. g) The application of fertilizers. h) Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife in the Easement Area. 2. Grantor, for itself, its successors and assigns, further grants to the Grantee the affirmative right, but not the obligation, to do the following in the Easement Area: a) Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor. b) Enter upon the Easement Area at any time to enforce compliance with the terms of this instrument. c) Take such other action as the Grantee deems necessary or advisable in its sole discretion, to enforce compliance with the terms of this instrument. JBD126019 MU200-1 IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed the day and year first above written. GRANTOR: CALIBER BUILDERS, INC. By: Its: GRANTEE: CITY OF MOUND By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1997 by the Inc. ' day of of Caliber Builders, STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged before me this day of , 1997 by and the Mayor and City Manager respectively of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. 0BD126019 Notary Public EXHIBIT A An easement for flowage and conservation purposes over those parts of the following described property: The Northeasterly 50.00 feet of Lot 3, Block 1, TEAL POINTE, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. JBD126019 MU200-1 3 CONSERVATION EASEMENT THIS EASEMENT, made this day of , 19 , by and between JOHN ZIMMER and PEGGY ZIMMER, husband and wife, ("Grantor") and the CITY OF MOUND a municipal corporation under the laws of the State of Minnesota ("Grantee"). The Grantor, for good and valuable consideration to it in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby convey to the Grantee a permanent easement for conservation purposes (the "Easement Area"), which easement is described on Exhibit A attached hereto and incorporated herein by reference, as follows: 1. Grantor, for itself, its successors and assigns, declares and agrees that the following prohibitions shall continue in perpetuity in the Easement Area: a) Constructing, installing or maintaining anything (specifically including docks) made by man. b) Cutting or removing trees or other vegetation. Notwithstanding the foregoing, trimming trees to maintain their health, removing diseased trees and removing selected trees to allow sunlight to penetrate to limited parts of the Easement Area may be permitted, but only when approved by the Grantee. c) Excavation or filling within the Easement Area. d) Application of chemicals for destruction or retardation of vegetation, unless first approved by the Grantee. e) The deposit of waste or debris. 0 g) The application of herbicides, pesticides and insecticides. The application of fertilizers. h) Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife in the Easement Area. 2. Grantor, for itself, its successors and assigns, further grants to the Grantee the affirmative right, but not the obligation, to do the following in the Easement Area: a) Enhance the slope, trees, vegetation and natural habitat at no cost to 'the Grantor. b) Enter upon the Easement Area at any time to enforce compliance with the terms of this instrument. c) Take such other action as the Grantee deems necessary or advisable in its sole discretion, to enforce compliance with the terms of this instrument. KOEBN~126148 MU200-1 IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed the day and year first above written. GRANTOR: John Zimmer Peggy Zimmer GRANTEE: CITY OF MOUND By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ 1997 by John Zimmer and Peggy Zimmer, husband and wife. . day of ., Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ~ day of , 1997 by and the Mayor and City Manager respectively of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public KOEBNG126148 MU200-1 2 EXHIBIT A An easement for flowage and conservation purposes over those parts of the following described property: The Northerly 40.00 feet of Lot 4, Block 1, TEAL POINTE, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. KOEBNG126148 MU200-1 CONSERVATION EASEMENT THIS EASEMENT, made this day of ._, 19 , by and between ~ .., ("Grantor") and the CITY OF MOUND a municipal corporation under the laws of the State of Minnesota ("Grantee"). The Grantor, for good and valuable consideration to it in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby convey to the Grantee a permanent easement for conservation purposes (the "Easement Area"), which easement is described on Exhibit A attached hereto and incorporated herein by reference, as follows: 1. Grantor, for itself, its successors and assigns, declares and agrees that the following prohibitions shall continue in perpetuity in the Easement Area: a) Constructing, installing or maintaining anything (specifically including docks) made by man. b) Cutting or removing trees or other vegetation. Notwithstanding the foregoing, trimming trees to maintain their health, removing diseased trees and removing selected trees to allow sunlight to penetrate to limited parts of the Easement Area may be permitted, but only when approved by the Grantee. c) Excavation or filling within the Easement Area. d) Application of chemicals for destruction or retardation of vegetation, unless first approved by the Grantee. e) f) The deposit of waste or debris. The application of herbicides, pesticides and insecticides. g) The application of fertilizers. h) Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife in the Easement Area. 2. Grantor, for itself, its successors and assigns, further grants to the Grantee the affirmative right, but not the obligation, to do the following in the Easement Area: a) Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor. b) Enter upon the Easement Area at any time to enforce compliance with the terms of this instrument. c) Take such other action as the Grantee deems necessary or advisable in its sole discretion, to enforce compliance with the terms of this instrument. JBD126541 MU200-1 IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed the day and year first above written. GRANTOR: GRANTEE: CITY OF MOUND By: Its Mayor STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) By: Its City Manager The foregoing instrument was acknowledged before me this 1997 by day of STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged before me this ~ day of , 1997 by and the Mayor and City Manager respectively of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 0-15D126541 ~'~J200- ! 2 EXHIBIT A An easement for flowage and conservation purposes over those parts of the following described property: The Northerly 40.00 feet of Lot 5, Block 1, TEAL POINTE, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. JBD126541 MU200-1 3 CONSERVATION EASEMENT THIS EASEMENT, made this ~ day of , 19 , by and between WHYTE BUILDERS, INC., a Minnesota corporation ("Grantor") and the CITY OF MOUND a municipal corporation under the laws of the State of Minnesota ("Grantee"). The Grantor, for good and valuable consideration to it in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby convey to the Grantee a permanent easement for conservation purposes (the "Easement Area"), which easement is described on Exhibit A attached hereto and incorporated herein by reference, as follows: 1. Grantor, for itself, its successors and assigns, declares and agrees that the following prohibitions shall continue in perpetuity in the Easement Area: a) Constructing, installing or maintaining anything (specifically including docks) made by man. b) Cutting or removing trees or other vegetation. Notwithstanding the foregoing, trimming trees to maintain their health, removing diseased trees and removing selected trees during initial construction, and similar activities thereafter to allow sunlight to penetrate to limited parts of the Easement Area may be permitted, but only when approved by the Grantee. c) Excavation or filling within the Easement Area, except for site grading during initial construction as approved in writing by the city engineer. d) Application of chemicals for destruction or retardation of vegetation, unless first approved by the Grantee. e) Depositing of waste or debris. f) Application of herbicides, pesticides and insecticides. g) Application of fertilizers. h) Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife in the Easement Area except as otherwise permitted hereunder. 2. Grantor, for itself, its successors and assigns, further grants to the Grantee ~he affirmative right, but not the obligation, to do the following in the Easement Area: a) Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor. b) Enter upon the Easement Area at any time to enforce compliance with the terms of this instrument. KOEBN~126150 MU200-1 c) Take such other action as the Grantee deems necessary or advisable in its sole discretion, to enforce compliance with the terms of this instrument. IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed the day and year first above written. GRANTOR: WHYTE BUILDERS, INC. By: Its: GRANTEE: CITY OF MOUND By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1997 by , the day of ..., of Whyte Builders, Inc. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ~ day of , 1997 by and the Mayor and City Manager respectively of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. KOEBNG1261S0 2 MU200-1 Notary Public EXHIBIT A An easement for flowage and conservation purposes over those parts of the following described property: The Northerly, Northeasterly and Easterly 40 feet of Lot 6; the Easterly 40 feet of Lot 7; the Easterly, Southeasterly and Southerly 40 feet of Lot 8; and the Southerly 40 feet of Lot 9; all in Block 1, TEAL POINTE, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. KOEBN~126150 MU200-1 CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM July 17, 1997 TO: MAYOR AND CITY COUNCIL FROM: ED SHUKLE, CITY MANAGER SUBJECT: GRANT APPLICATION-COMPREHENSIVE PLAN UPDATE Cities in the Twin Cities Metropolitan Area are now required to update their comprehensive plans. These plans must be updated by December 31, 1998. In order to assist communities with these updates, the Metropolitan Council has made available grants and loans to cover the costs of such planning. A community can receive up to $20,000 towards the cost of the comprehensive plan update. This is in the form of a grant. In addition, cities can apply for planning assistance loans which are in the form of a 3-year, interest free, revolving loan fund. If a city exceeds regional housing benchmarks and goals established by the Metropolitan Council (regional growth standards including Metro Council forecasts and housing mix/density) by more than 20 percent during the term of the loan, the Council may forgive the final loan repayment. Attached is a resolution authorizing the application for the grant. The application being submitted also makes a request for $40,000 for a loan. I have been working with Mark Koegler, City Planner, on the application and it is ready to be submitted. If you have any questions, please contact me. a1 z? printed on recycled paper July 22, 1997 PROPOSED RESOLUTION NO. RESOLUTION AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT WHEREAS, Minnesota Statutes Section 473.851 requires local units of government to prepare local comprehensive plans with land use controls that are consistent with planned, orderly and stage development with metropolitan system plans; and WHEREAS, Minnesota Statutes Section 473:854 and 473'867 authorize the Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for the award and disbursement of planning assistance grants and loans; and WHEREAS, Minnesota Statutes 473:867 authorizes the Council to give funding to local units of government to review and amend their local comprehensive plans, fiscal devices and official controls; and WHEREAS, the city requires a planning assistance grant to complete comprehensive planning activities, specifically. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the Mayor and City Manager are hereby authorized to submit an application to the Metropolitan Council for a planning assistance grant to update and revise the City's comprehensive plan; and BE IT FURTHER RESOLVED that a certified copy of this resolution shall be submitted with the planning assistance application. CITY OF MOUND BUDGET REVENUE REPORT June 1997 50.00% GENERAL FUND Taxes Business Licenses Non-Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Transfers from Other Funds Charges to Other Departments TOTAL REVENUE FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERYFUND DOCKS FUND June1997 YTD BUDGET REVENUE REVENUE 1,266,460 499,300 499,300 6,250 5 3,992 121,800 10,877 53,027 968,210 542 509,647 51,100 1,089 4,908 65,000 10,016 60,663 43,300 125 1,264 43,500 0 0 10~000 1,204 6,555 VARIANCE (767,160) (2,258) (68,773) (458,563) (46,192) (4,337) (42,036) (43,500) (3,44s) 1,139.356 {1,436.264~ 336,020 48,290 215,819 (120,201) 108,320 20,461 66,614 (41,706) 1,525,000 148,980 705,631 (819,369) 430,000 35,773 194,673 (235,327) 880,000 71,998 460,887 (419,113) 4,100 565 1,445 (2,655) 73,800 1,295 69,255 (4,545) PERCENT RECEIVED 39.42% 63.87% 43.54% 52.64% 9.60% 93.33% 2.92% 0.00% 65.55% 64.23% 61.50% 46.27% 45.27% 52.37% 35.24% 93.84% 07/14197 rev97 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT June 1997 50.00% GENERAL FUND Council Promotions Cable TV City ManageflClerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Summer Recreation Contingencies Transfers June 1997 YTD BUDGET EXPENSE EXPENSE VARIANCE PERCENT EXPENDED 69,370 5,365 46,143 23,227 66.52% 4,000 4,000 4,000 0 100.00% 800 0 225 575 28.13% 193,470 12,147 92,079 101,391 47.59% 2,100 7 1,838 262 87.52% 59,480 0 376 59,104 0.63% 168,960 13,022 78,319 90,641 46.35% 23,550 2,076 12,323 11,227 52.33% 114,460 7,009 42,318 72,142 36.97% 924,350 59,335 403,546 520,804 43.66% 4,100 0 818 3,282 19.95% 172,870 11,345 78,306 94,564 45.30% 405,270 25,250 206,897 198,373 51.05% 82,840 5,931 41,648 41,192 50.28% 148,550 11,803 59,324 89,226 39.94% 36,200 0 0 36,200 0.00% 20,000 7,531 14,661 5,339 73.31% 161,390 12,870 77,215 84,175 47.84% GENERALFUND TOTAL Area Fire Service Fund Recycling Fund Liquor Fund Water Fund Sewer Fund Cemetery Fund Docks Fund 2,591,760 177,691 1,160,036 1 431 724 44.76% 336,020 23,288 137,485 198,535 40.92% 118,950 12,514 69,708 49,242 58.60% 289,020 17,134 106,005 183,015 36.68% 429,300 38,922 167,658 261,642 39.05% 1,020,460 93,526 556,075 464,385 54.49% 8,100 570 4,512 3,588 55.70% 68,440 12,301 22,718 45,722 33.19% Exp-97 07/14~97 G.B. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 To the Laker, please publish this legal in the edition of July 19,1997. Thanks July 16, 1997 SPECIAL JOINT CITY COUNCIL MEETING NOTICE CITY OF MOUND & CITY OF MINNETRISTA MOUND, MINNESOTA NOTICE is hereby given that the Mound City Council and the Minnetrista City Council will hold a Special Joint Council Meeting on Thursday, July 24, 1997, at 7:30 P.M. This meeting is to be held in the Council Chambers at 5341 Maywood Road, in the City of Mound. The public is invited to attend. Fran Clark, CMC City Clerk This notice was also posted at City Hall. prmted on recycled paper MOTION THAT the School Board share up to $1,300 of the cost with the Cities of Mound and Minnetrfsta of a Decision Resources community survey regarding renovation of the building known as the Westonka Community Center, contingent upon receiving a commitment from the City of Mound that, should the survey results show that the community is unwilling to fund the proposed renovations of this building, that the City of Mound will support the school's sale of the Lynwood site to Asset Realty, will support exploration of financing options with Asset Realty, and will support the school district's CUP for the Shirley Hills addition. Pinegar moved, seconded by Dow the above motion. All Board members voted yes. Hultgren absent. Disk: C. Drive Board ITVII797 MOUND ADVISORY PARK AND OPEN SPACE COMMISSION Thursday, July 10, 1997 Present were: Peter Meyer, Rita Pederson, Tom Casey, City Council Representative l_eah Weycker, Parks Director Jim Fackler and Secretary Clare Link. Those absent and excused were: Bev Botko and Marilyn Brynes MINUTES Motion made by Weycker, seconded by Pederson to approve the minutes of the June 12, 1997 Park and Open Space Conmfission meeting as amended: Page 8, Weycker abstained instead of Botko. Page 6, second to the last line - it was the Park and Open Space Commission consensus. Motion carried unanimously. AGENDA CHANGES_ None BUDGET PROPOSALS FOR 1998 Ae 1998 Bnd~et Calendar. Line Items Propose/To Be Submitted July 11 Fackler reviewed the outline of how the budget process proceeds throughout the year. Public heatings on the budget are held in November. Fackler reviewed line items for the Recreation budget noting a 3 % increase. Meyer asked Faclder what he would suggest as a way to get more staff to bring parks up a notch. Fackler replied he doesn't see additional staff until areas like Lost Lake and Veteran's Park are added. Casey asked how much would be needed for a skating rink. Faclder noted money is in the budget for the skating rink. Meyer asked what is proposed for the parks garage. Fackler stated there is money budgeted for basic needs in repair, but the driveway and retaining walls are still outstanding. Commissioners discussed the building at Island Park and possible uses. Pederson suggested commissioners look at the building prior to the next meeting. Weycker suggested it be on the next month's agenda. Casey suggested planning a date for an inspection at the end of the agenda. Casey asked when the POSC can make final recommendations for the budget. Faclder noted his recommendations go to the City Manager on July 11. MOUND DOCK & COMMONS ADVISORY COMMISSION MINUTES - JULY 10, 1997 Casey discussed the mowing budget and asked if there are any areas that might not need mowing in the future. Faclder stated the problem is the sites are very small. These are all small neighborhood parks and need to be completely mowed. Commissioners and staff discussed park areas which are or could be left natural. Motion by Meyer, seconded by Casey to extend discussion of this item. Motion carried unanimously. Casey believed spraying of dandelions in the parks should be limited. C. Capital Outlay Proposed/Submitted June 20 Fackler reviewed capital outlay proposals. Pederson asked how often the Historical Society makes recommendations for improvements. Casey stated they have asked once in the last eight years. Pederson believed the funds should be used elsewhere. Commissioners discussed estimates for the Depot building. Fackler believed the estimates provided were reasonable for basic upgrading needs. Casey asked specific items be listed for the Depot improvements. Fackler discussed the proposed improvements. Pederson stated a double sink and a microwave would make the building more usable. Fackler stated he would have to comply with the Building Code if any changes are made. He noted the parking is a problem as well. Commissioners discussed the prioritization of the Depot improvements. The funding for the skating rink was also discussed. Weycker noted prairie restoration for Crescent Park is not in the capital improvements. Commissioners discussed snow storage areas and the need for additional areas. Fackler suggested waiting another year for the prairie restoration. Casey suggested a contingency be in place in case there isn't a heavy snowfall and a new snow dumping site can be found so the prairie restoration can be done. Motion by Pederson, seconded by Casey to spend $2,000 for professional services to develop a plan for prairie restoration at Crescent Park. Motion carried unanimously. Meyer suggested buoys with ropes for Mound Bay Park. Fac'k. ler stated other uses besides swimming need to be allowed for. Commissioners discussed use of Mound Bay Park. 2 MOUND DOCK & COMMONS ADVISORY COMM1SSION MINUTES - JULY I0, 1997 OPEN MEETING LAW_ Information from City Attorne,~ Fackler reviewed information provided on open meeting law situations. Casey stated he would still like to have information on the attorney's responses to the situations. Faclder stated he could provide commissioners with the meeting's audio tape. He stated he would also check to see if it can be transcribed. PARK DEDICATION FEE_ he Information from Leah We¥cke.r. Weycker stated there needs to be a way to accumulate more park fees in spite of the fact the city is 90% developed. She suggested the City Planner be asked what he would recommend as ways to acquire park funds. Motion by Casey, seconded by Pederson to ask the City Planner to review the funding options for acquisition and development of parks. Motion carried unanimously. DISCUSS AUGUST POSC AGENDA. Faclder stated he will not be present at the August meeting. Pederson discussed items for the agenda (IP Village, Kid Depot, overuse of parks). Casey suggested discussing what the POSC's vision is and how to become more effective. FOR YOUR INFORMATION. REPORTS. he City Conncil Representative's Repo~ Weycker discussed the City Council's review of the Kid Depot proposal following the City Attorney's opinion. Bo Park Director's Report Faclder reported on plans for the Sorbo Park dedication and routine maintenance at the parks and beaches. ADJOURNMENT 3 L 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (612) 281-1200 · (800) 925-1122 Fax: (612) 281-1299 ° TDD (612) 281-1290 July 8, 1997 RECEIVED JUL i I 1997 TO: FROM: SUBJECT: Mayors, Managers, Administrators, Clerks - Direct Member Cities James F. Miller, Executive Director ~ /~ ~ National League of Cities (NLC) Congress of Cities, December 2-6, 1997 - Philadelphia, Pennsylvania Registration - Complete Immediately A brochure outlining the conference program and registration information for the 1997 NLC Congress of Cities is enclosed. It is extremely important that hotel reservations be made as soon as possible. The earlier your city returns registration forms and requests for hotel accomodations, the more likely you will receive your first choice. Please note that LMC has reserved 90 rooms at the Holiday Inn Select for Minnesota delegates. To stay there, write "Minnesota Bloc" on your hotel selection form and designate it as your first choice. The reservation deadline for the "Minnesota Bloc" is August 1. Of course, you may select any hotel if you do not wish to stay with the Minnesota delegation. Conference Program Highlights As in previous years, there are several pre-conference training seminars listed in the brochure. These do provide worthwhile opportunities for city officials to get additional training and leadership skills. Most do involve separate registration and costs. Also, please note that we will have a breakfast hosted by the League of Wisconsin Municipalities on Thursday, December 4, 7:30 - 9:00 a.m. More information about the site, program and cost will be forthcoming. If the League can be of any assistance to you, please contact us. Enc. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 1'997 CONGRESS OF CITIES & EXPOSITION DECEMBER 2-6 ~ NATIONAL LEAGUE OF CITIES (',l I~' ()1' I~IIII,AI)I:,I,I'IIi,~ i~I)\V,\I~I) (~. I~.I':,NI)F,I,I, Dem' l;'riunds: I am delighted mid honm'ed to welcome all of you to our wonderfi,l eib? fi~r the 1997 Congress of Cities and Exposition on December 2-6, 1997. We are working closely with the National League of Cities to develop programs that are applicable to each of your commu- nities, including sharing some of our own sueeessfifl projects. As Itost City, we are working very hard to plan special events to educate and entertain you with our unique Philadelphia style. From history to culture, sports to shopping and museums to markets -- the city is unri- valed in its diversity. Voted the Best Restaurant City in America and tile Friendliest City by Cond~ Nast Traveler, you will find cuisines from every continent in abundance, including the revered local specialities like cheesesteaks and soft pretzels. In fact, the City of Brotherly Love (and Sisterly Affection) has so much to offer, I recommend arriving early and staying on after the convention. As Mayor of Philadelphia, my opinion of tile city is somewhat biased so I invite you to come to Philadelphia and see for yourself. I promise that your stay with us will be lively and informative. Together we can nmke the 1997 Congress of Cities the best ever. I look forward to seeing you in Philadelphia. Sincerely, Edward G.Rendell Mayor NATIONAL LEAGUE OF CITIES 1301 PeN~S'rLV~tA AV~Ntm, N.W. WASHINGTON, D.C. 20004 Dear Colleagues: On behalf of the NLC Board of Direetors, I would like to invite you to join me in Philadelphia for the 74th Congress of Cities and Exposition on December 2 - 6, 1997. This year's theme is "The Challenge of City Leadership: To Dream, To Dare, To Do." Host Git), Mayor Ed Rendell dreamed of a "new and prosperous" Philadelphia. Through collaborative efforts such as public/private partnerships, contracting for services, and citizen involvement, his .leadership team is turn- ing Philadelphia into a major destination city. What better place to have this yeafs Congress of Cities than Hfiladelphia -- a place to dream, to dare, to do. Stop by the "Good Neighbors, Great Cities" Showcase and see what other daring eries have done this year. You must take the opportunity to register now for the nation's largest event for local officials from cities across America. Find out how to make your dreams for your city a reality. You will be able to attend general sessions and workshops which will give you a chance to take new ideas back to your eries and see some of the programs Philadelphia has successfully implemented. I look fonvard to seeing you in Philadelphia in December. Sincerely, Mark Schwartz, President Councihnember Oldahoma City, Oklahoma wordswithont action are like dreams at day- break. No matt,e,r how bold or inspiring, they must moti~ ate decisions" and deeds or they will pass into oblivion. Can tile cities and towns of America aspire to the visions of opportunities generated by a period of eeononfie growth? Can municipal leaders translate the needs and resources of the eonnnunity into goals and strategies to achieve them? Will the commit- ment of effort -- tbe ultimate test of any endeavor -- be adequate to aeeomplisl~ the tasks? That is the challenge of city leadership: to dream, to dare, to do. The 1997 Congress of Cities will convene in the birthplace of the American experiment -- l'hiladelphia -- to continue the work that lauuched our llation, created our svstelll of ~,overnanee, and inspired tile ongoing work of local government today. The grand ideals that resonated from Independence Ilall- the pursuit of happiness, domestic tranquilli- ty, a more perfect Union, and securing the blessings of liberty for future generations -- all are rooted in opportunities created or nurtured in cities and towns, where daily experience measures our progress toward those goals. Ina nation of 267 million people and nearly 20,000 municipalities, there is no single formula to organize and carD' out the tasks of governance. The challenge of city leadership varies from place to place, but many ideas and tools can be shared and adapted. The 1997 Congress of Cities will offer an incredible array of resources and information for municipal offieials who want to learu more about everytbiug from new technologies and competing in the global economy, to strengthening citizenship, community partnerships and the local economy, to equipping local governments for both the constant needs and changing conditions of our eries and towns. There are great experiences to discover in l~hiladelphia, too. From the historic sights of this great Ameriem~ city to the dazzling accomplishmenl~s of its extraordinary renaissance, Philadelphia is a city to experience first-hand and up close. Philadelphia and the 1997 Congress of Cities are where you will discover what it means to accept the challenge of city leadership: to dream, to dare, and to do. Be there in December. Itelp make your city's dreams come true. he 1997 Congress of Cities will offer a wide range of general sessions and workshops focusing on key issues facing local officials today. The issues for the conference were selected by a 50-member commit- tee of NLC members who met in Philadelphia in April to develop the program plan for the conference. 'Four general sessions featuring top notch national speakers and panelists will carry out the theme for the conference, raise ideas, stretch delegates' minds, and encourage thoughtful diseussioiL The Opening General Session will include speeches by both NLC President Mark Schwartz as he wraps up his year at the helm of NLC and a nationally- kmown speaker who will set the stage for the exciting ses- sions to follow. Other general sessions will include a "point-counterpoint" dialogue on national issues affecting local govemments and a wrap-up presentation at the dele- gates lunch emphasizing what city officials can "do" once they return to their communities. Concurrent workshops will be organized into seven major themes and will offer practical ideas and case exam- ples of how cities have implemented new approaches to local governance. The following sections provide a snap- shot of the issues that will be covered during this exciting learning experience. TAILOR MADE: ECONOMIC DEVELOPMENT THAT FITS Eeononlie development doesn't happen in a vacuum. It directly affects and is affected by most aspects of life in your city. As a result, the tactics and approaches you take must fit your city, its peo- ple, and its persm~ality. Tiffs track will help you focus ou your city's strengths ,and goals, and how some of tim hottest economic develop- meat tactics can support (or detract from) yot, r city's economic and social objectives. The workshops Ooll identify tbe pluses and miuuses different' paths to eoouomie wth and focus on what some of the most talked about economic development approaches can mean to your city, its people, and its per- sonality. Come learn about eco- nomic development that fits. CMC PARTHERSHIPS AND RELATIONSHIPS: KEYS TO EFFECTIVE GOVERNANCE Today's city leaders are confronting new challenges and opportunities iu working with citizens, communi- ty groups, and other institutions not only in their cities and towus, but also in their regions. You need a strong capacity to engage in eom- munity building and facilitate eol- lalvorative approaches to solving problems, buildiug eonnnmfity trust, and instilling a sense of eom- nn,nity accomplishment. Work- shops topics include governing in diverse communities; strengthening the eonueetions among local gay- eminent, citizens, and eommuuity orgauizatious; fostering strong families and invoMng youth in government; and cooperative Omt;rgovernmenml opportunities ween cities and sebools and cng cities and other jurisdic- tions in their area). NEW LOCAL GOVERNANCE ROLES: MOVING FROM RHETORIC TO RESULTS ~Hmt do the current local chal- lenges iu areas such as housing, utility deregulation, welfare, and teleeomnmnications imply about the future of cities? If we do noth- ing to accelerate or reverse some of these new trends, what impact will they bare on our ability to function effectively? This series of workshops will look at how cities are taelding these new government challenges and responsibilities in iunovative and cost-effective ways. The exam- pie-driven workshops will focus on hands-on learning that will allow participants to draw iuformation which will prove useful in carrying out their duties. WE MAY LOOK SMALL, BUT WE THINK BIG! NLC may define small cities as those under 50,000 population, but what's s~nall on the oukside may be much bi~er on the inside. Sessions in this track will show how big most snmll cities really are -- whether it be in their city's assets (we're not just talking money here!), the diversity of their popu- lation, or the number and quality of volunteers they keep. Come to this track and you'll see what we mean. This track is sponsored by the Small Cities Council. EXPLORING THE BASICS: "HOW TO" TOOLS FOR LOCAL LEADERS Local elected officials are facing new challenges as we approach the 21st century. You have great ideas to meet these challenges and are ready to get to work. But before you roll up your shirt sleeves, you need to nmster the basic leadership skills that will nmke your govern- meat work. liow do your city's finances work? What is the best way to evaluate potential executive employees soch as mangers or attorneys? tlow do you build eom- men ground with council members, citizen organizations, and the state government? What's the most effective way to work with the media? You will learn the answers to these questions and return to your city with an increased confi- dence in your leadership ability. These sessions will help new and veteran elected officials become experts on the "basics" that will allow you to implement your vision for the 21st century. HOT TOPICS FROM AROUND THE COUNTRY Local leaders from small and large cities are faced xvith challenging issues that may vary dramatically in different parts of the country. This track will explore key i~sues facing American cities and regions such as immigration, natural disaster relief and prevention, human rights ordi- nances, census inforn~ation, and AIDs housing. Learn about practical options for dealing with these important i&sues. Explore how to chart a course through turning points and manage rapid ehm~ge before it gets too hot to hm~dle. THE PHILADELPHIA STORY The city of Philadelphia has devel- oped programs that are applicable to all communities. This track will emphasize Philadelphia's success. You will have an opportunity to look at projects specifically designed to meet the needs of dif- ferent neighborhoods by creating jobs, cleaning-up blighted areas, and creating a neighbofl~ood econ- omy. Planned workshops that will tell the Philadelphia story include: important rooms including the Mayor's Reception Room, Conversation Hall, City Council Chamber, Council Caneus Room, and the Pennsylvania Supreme Court Courtroom. The tour also includes a trip to the top of~e William Penn Tower that pro~,ides a panoramic view of Philadelphia 'and the surrounding region. Neighborhood Economic Development Take a first hand look at projects specifically designed to meet the needs of different neigh- borhoods by creating jobs, cleaning- up blighted areas, and creating a neighborhood economy. Special Service Districts Downtown and several other neigh- borhood shopping districts have been designated special service dis- tricts. Find out how this unique Philadelphia project has transformed these areas and how it was done. The Avenue of the Arts Visit this $200 million publicly and privately funded regional pedorming arts cen- ter located in the heart of the City. Maintaining Existing llousing Stock Take a look at Philadelphia's strategy for spending money to keep people in their own homes as an alternative to increasing public housing. Pubile Art Philadelphia requires five percent be oontdbuted for pub- lic art for all new commercial con- struction in the largest such public an program in the country. Take a tour of the public art sites and learn how the programs work. Philadelphia Naval Business Center Learn about Philadelphia's successful conversion of a former naval shipyard into an industrial center. Productivity Bank Find out how this program enables city depart- ment heads to save money on the services provided while generating additional sources of income for future use. GOOD HEIGHBORS, GREAT CITIES: A SHOWCASE OF CITY PROGRAMS Tile "lb)od Neighbors, Great Cities: A Showcase of Git)' Programs" is back bv popular tlemand. Tile Showcase, now in its second year, is an exhibition] of creative and innovative programs from cities across the country. Representatives from the featured cities will be on haud to dis- cuss tl~e details of the planning and implementation of programs of which they are particularly proud. In keeping with this year's eouferenee theme, "The Challenge of City beadership: To Dremi], To Dare, To Do," showcase participants will sh:~re knowledge of how "to do" what city officials have dreamed about accomplishing in the past. Maps and street signs will guide you around the Showea~ which is designed to simulate a city street plan. The Showcase will be your opportunity to ineet and compare notes with your colleagues about how they are changing the way cities do busi- ness.~,'4et your own pace for networking and sharing resources with the experts of innovation. Come to Philadelphia and see the Good Neighbors, Great Cities Showcase that received rave reviews at last year's eonfereoce. You will take home a wealth of ideas aud insight from fellow city leaders who know that when you dare to dream, you can get the job done. THE EXPOSITIOH Delegates ~vill have the oppor- tunity to attend the nation's largest and inost representa- tive municipal exposition showcasing the latest in new products, services, and ideas! More than 200 companies who provide services or prod- uets dealing with solid waste collection, garbage recycling, computer software and bard- ware, traffic management, emergency rescue vehicles, communication, manage- ment, energy, finance, educa- tion, and much more will shape iufonnation and resources to assist you and your city iu delivering quality cost effective services to the public. TECH CITY The cutting edge of local govern- ment technology meets the his- torie City of Philadelphia. Join NLC, Publie Technology, Inc. (PTI), and IBM for this hands-on demonstration of innovative products and services for the technologically advanced munieipalit3'. Demonstratious from various forward thinking cities, and IBM, will help recre- ate the new "virtual communi- ty.'' Teeh City not only brings you the best in local govern- ment technology but also infor- mative workshops in the Teeb Theater. Tour Teeh City and gain solutions for improving your eommmfity's operations, service delivery and efficiency. CONFERENCE SCHEDULE Wednesday, Thursday, Friday: Saturday, ~cemSdmSd~r 2 December 3 December 4 December 5 December 6 Geueral Registration 8:00 a.m. - 8:00 p.m. Leadership Training Institute Seminars 9:00 a.m. - 5:00 p.m. NLC Board of Directors Meeting NLC Advisory Council Meeting 9:00 a.m. - 5:00 p.m. Policy Committee Meetings 9:00 a.m. - Noon 1:00 p.m. - 4:00 p.m. Orientation Session for First Time Attendees General Registration 8:00 a.m. - 5:00 p.m. Leadership Training Institute Seminars 9:00 a.m. - 5:00 p.m. General Registration 8:00 a.m. - 5:00 p.m. Opening General Session 9:15 a.m. - 11:00 a.m. Exposition 11:00 a.m. - 5:00 p.m. NLC Resource Center 11:00 a.m. - 5:00 p.m. Tech City 11:00 a.m. - 5:00 p.m. Exhibit Hall Reception 11:00 a.m. - 1:00 p.m. Concurrent Workshops 1:00 p.m. - 4:30 p.m. Resolutions Committee Meeting 1:00 p.m. - 4:00 p.m. Good Neighbors, Great Cities Showcase 2:00 p.m. - &O0 p.m. Nominating Committee Hearing 4:00 p.m. - 5:00 p.m. General Registration 8:00 a.m. - 5:00 p.m. General Session 9:00 a.m. - 10:30 a.m. Concurrent Workshops 10:45 a.m. - Noon Exposition 10:45 a.m. - 5:00 p.m. NIX~ Resource Center 10:45 a.m. - 5:00 p.m. Tech City 10:45 amt. - 5:00 p.m. Exhibit Itall Lunch Noon - 1:30 p.m. Concurrent Workshops 1:45 p.m. - &O0 p.m. Good Neighbors, Great Cities Showcase 2:00 p.m. - 5:00 p.m. · General Registration 8:00 a.m. - 2:00 p.m. General Session 9:00 a.m. - 10:30 a.m. Concurrent Workshops 10:45 a.m. - Noon Delegates Luncheon 12:15 p.m. - 1:45 p.m. Annual Business Meeting 2:00 p.m. - 5:00 p.m. Host City Closing Event 6:30 p.m. Newcomers to the of Cities °' I Off,pals.! The Congress of Cities can he a very confusing experience if you Imve never l~fore atteuded. If you ~re newly-elected to office, or you have never a~tended the elmference, a ~pecial orientation sessi,n has been designed to introduce you to the National I,ea~tw of (',ities ;lad thc (]-n~rcss of (',iiics. This scssiou will be bold on Wednesday. l)ceeml~cr 3, al 5:30 p.m. in thc Pcnnsyb'mlia Convcution (]enter. Complete the "Attendee Profile" on thc lluusing and Rc~istration fi)tm tn receive more detailed infonnation about the orie,tation session fl~r first time attendees and how to ~et con- netted (o both NI,C and the coufcrenec. Constituency Group Events Network with coltcagnes with similar interests at NLC's con- stitneney group meetings. Several special opportnnities will oeenr mnon~ various fironps who invite their ri]embers and new collea~ues to eollab.ratc in their eaneuses. Mauv of their meet- izl~S and events will be open to anyone registere~ at the Congress of Cities, while others will only he open to men]bers of the groups. ~ian Padfi~ ~erican Munki~l Officials lAP, O) ~AMO will bold i~g an~al bn~i~e~ meetin~ an~ ~po~o~ ~tio~ fi)r its m~mbers mid ~ollea~eg in ~ozo~tJo~ with the by, ~sbian. and Bisexual L~al Officials (GLBLO) ~l]e ~mup will b.]d its mm~l bnginegg m~etin~ an~ ~po~or reception fi)r members and ~nests. Please cheek off the ~LBgO activity ~e on the ~igtn~tiou form aud include p~vm~nt witb the ful~ eonfereuee fee. ' His~nic El~t~ ~cal O~cials (HELO) II,LO members mid ffieud~ will ~onvene ~or a board of ~ire~tors meeting. ;i n]embership Imsi~ess meetin~. ~ reeeption~ and ~ eon- ~ren~e w.rk~hcq~. HELO n~mbe~ au~ interested new ~emb~g ~an pay th~i~ mmoal memh~rshil~ dne~ on tb~ conference ~e~ig- tn~tion lbnn mid ind~d~ payment with the fidl oon~emn~ Hational Black Caucus of L~al Elect~ Officials (NBC-LEO) NI~(:-LE~) men]b~r~ and f~i~nd~ will pa~tieipat~ in the an~] m~mh~r~hip m~ti~, tile m~n]b~r~hip tund]~on (whirl] :big v~ ig ope~ to n,u-m~mb~g ~ w~ll)~ work~hop~ and ~peeial evefiiug ~etivities. NB(~-LEO ~lso Ires ~ e(m~erence headquarters where members m~d new members emi take advantage o~ networkin~ opporttmiti~. Pieag~ cheek the appn)pfi~te :muuM membe~ghip du~a~tiviti~ f~ o~ the ~i~tmtion [orn] and ineJude payment with the loll eon[erenee fee. Universi~ Communities Caucus (UCC) University ~ml ~o1~ ~ommtmitv offiei~lg m~d welcome tn participate in the mn~u~l U(]G ~etivities which inelmle ~ workshop and formal:able discussion topics. The U(~C Board (ff Directors will also meet. J~omen in Munki~l ~vernment ~MG) WIM(; FoHiin 1o help wolnen delegates learn more about issues a[l~*elill~ women in re]alion to ecouonlie deve]opnle~lt and c.mnmnitv issnes. Activities are open to all delegates. Si~u np fl~r the brtmcb on the registration fl~rnl and include payment along with the full conference fee. Building coalitions, forging strategies, and empowering others. Local offi- cials are faced with the tough choices and challenges of community leader- ship. NLC's Leadership Training Institute sen,es as a collaborative resource center to help local officials respond to challenges with skill and innovation. The Leadership Training Institute, established in 1992, is guided by the l.cadcrship Training Cooncil. The Conncil, comprised of NLC members, has determined that education and life-long learning are crucial to pre- pare leaders for full participation in the economic, social, et:ltuml, and political life of their communities and the nation. These seminars will be sponsored by the Lea&rship Training Council. The 18 half-day and full-day semi- nars are designed to enhance partiei- pants' abilities to understand and lead ehange and innovation in their eom- munities. These seminars, faeilitated by skilled instruetors, will provide participants opportunities for exchanging ideas and strategies with both their peers and other subjeet matter experts. A separate registra- tion fee will be charged for these sem- inars. Because of limited space for each of these sessions, registrations will be accepted on a space available basis. Please register early to avoid being closed out of the session you would like to attend. TUESDAY DECEMBER 2 Full-day stnninars I. The Future is Here: Becoming an Effective Change Leader 9:00 a.m. - 5:00 p.m. Registration Fee: $145 Participants wilt lean] teelmiques for dealing with their own reactions to cha,]ge, uuderstanding their roles as change leaders, handling resistance, preparing their communities for change, and supporting people through change, so that their ecl- leagues and constituents remain pro- duetive and motivated in turbulent times. Instructor: Bill Repp, President, Organization Development Group, Rochester, New York II. Who's In Charge Here? Exercising Lead.efship in an Emergency or Dtsaster 9:00 a.m. - 5504} p.m. Registration Fee: $145 Emergency management requires strong leadership. Participants will LEADERS learn and practice skills for address- ing the four phases of emergency management -- mitigation, prepared- ness, response, and recovery. This course is designed especially for local officials, by the Federal Emergency Management Agency (FEIdA) in coop- eration with NLC. III. Effective Listening Skills for Local Leaders 9:00 a.m. - 5:(H~ p.m. Registration Fee: $145 Often, eitizens do not expect their elected officials to solve their prob- lems immediately. They do, however, expect their elected officials to listen carefully and respectfully to then] as they express concerns. Participants will learn and practice the essential active listeniug skills of attending, asking clarifying questions, para- phrasing, summarizing, and reflecting underlying feelings. ' ~ b~structor: Nancy Lampen, Director of Management Programs, New York State School of Industrial and Labor Relations, Comell University Half. day seminars IV. How to Turn Adversaries Into Collaborators: Creating win.Win Partnerships (Part I) 1:30 p.m. - 5:00 p.m. Registration Fee: $95 Learn how to use a three-step eom- munieation process for turning adver- saries into collaborators and a six- step process for creating win4vin partnerships. Participants will also explore strategies for running meet- ings to achieve their objectives and oain ownership of their vision, and r building trust, support, and under- standing within their constituency. Instructor: Lan')' S. Julian, President, The Julian Group This is the same semioar that was offered at the 1996 Congress of Cities. Participants who attended that seminar may be interested in the advanced versiofi offered on Wednesday, December 3. Participants who register for Part I on Tuesday, December 2, are welcome to register for Part Il on Wednesday, December 3. V. Using Humor E.ff..ectl.v. ely to Relieve Stressful Sduat,ons 1:30 p.m. - 5:00 p.m. Registration Fee: $95 Local eleeted officials are constanth, under pressure from eolleagnes and constituents. Participants will learn TRAINING IHSTITUTE SEMINARS how humnr can relieve tension and redoee conflict. Ilumor is a valuable tool in working with tile public and helping others put issues in perspec- tive. ]HstHtc'tOF: Karen Sussman, Training (kmsultant, Denver, Colorado ltl. Leadership Skills for Economic Competitiveness 1:30 p.m. - 5:(X) p.nl. Registrar]or: Feet t;95 This session will examine the roles and skills local leaders need to ellsure that their eolnnmnity Call meet tile standards of "best ill tile world" for economic competitive- ness. Participants will learn how to articulate a vision for a world class city, identify and secure contracts with gkibal partners, and mobilize the assets of an entire eeononlie region. This seminar is co-spon- sored by NLC's Munielpal Global (:onncetions Partnership (GiA)BEC()N). VII. Using Technology to Make Effective Presentations 1:34) p.m. - 5:(H) p.m. Registration Fee: Ill this hands-on workshop, partici- pants will learn how to use presenta- tion software packages to develop and enhance their speeches to coun- cil and citizen groups. Participants should have access to tile technolo- gy itl their communities so they can practice and use tile technology on- the-job. Prerequisite: familiarity with Windows-I)ased computer pro- grams, especially using a mouse. This seminar is co-sponsored by Public Technology, Inc. (PTi) VIII. Study Circles: Helping Citizens Work Through Public Issues 1:30 p.m. - 5:00 p.m. Re~istrotlon Fee: $95 Communities arotmd the country are using, study circles -- small, democratic, highly participatory groups -- to engage citizens in dis- eussions and action on critical pub- lie issues like crime, education, and race relations. This workshop will focus on this process to help citizens gain ownership of eonmmnity issues and work eollaboratively toward solutions. ]tmtt~tctor: Sarah L. Campbell, Deputy I)irector, Study Circles Resource Center, Pomffet, Connecticut WEDNESDAY DECEMBER 3 llalf-day sembmrs IX. Introduction to Personality Types Using the Myers-Briggs Type Indicator® 9:00 a.m. - Noon Registration Fee: 1;95 Participants will learn to understand their own preferences for gathering information, making decisions, and interacting with the outside world by takiug the Mvers-Briggs Type Indicator' (hiBT1) and an&lyzing the resnlts. Tile MBTI is widely used in ninny sectors as a tool for under- standing oneself and working with others. The instrument has under- gone extensive validity and reliabili- ty studies over many years. ]nstr~tctor: Linda Ehdieh Geen, Manager of Education and Training, NLC and certified MBTI instructor This session will be repeated ill tile afternoon (see seminar #XVII). X. How to Turn Adversaries Into Collaborators: Creating Win-Win Partnerships (Part II) 9:00 a.m. - Noon Registration Fee: $95 Participants will learn advanced strategies for communicating and negotiating effectively with others to forge win-win partnerships in their eonlmunities. ]nstn~ctor: Larry S. Julian, President, The Julian Groop This is an advanced version of the seminar that was offered at the 1996 Congress of Cities. Prerequisite: attendance at Part I of this seminar offered at last )'ear's 1996 Congress of Cities or at the Part I session which will be offered on Tuesday, l)ecember 2. (see seminar #IV). Xl. Leading in Diverse Communities 9:00 a.m. - Noon Registration Fee: $95 Changing national demographics are hitting home, and our eomnmnities are becoming more diverse. Participants will learn strategies to understand had value diversity, include all commtmity members in governance, and manage conflicts that may arise. This seminar is eo- slmnsored by Women In Municilmi Government (WIMG). lnsttqTctor: ,bm]cc Lucas, Trainer, Citizen Leadership Institute, Gulf Coast Community College Xll. Cr.,eating High .Performing Counols and Effective Council- Manager Relationships 9:00 a.m. - Noon Registration Fee: $95 This seminar will analyze the char- acteristies of highly effective coun- cils and the role o(the individual council member in contributing to a high performing council team. Special emphasis will be placed on developing the council-manager rela- tionship and the role of tile mayor in developing all effective council. ]nstrttctor: Lyle Sumek, Lyle Sumek and Associates Xlll. Using a Syst, e.ms Appr, oach In Government Decmon-Making 9:00 a.m. - Noon Registration Fee: $95 Participants will learn a systematic approach to decision-making that combines elements of total quality management with thought processes and strategies put forth by today's leadership experts such as Stephen Covey and Peter Senge. l~mphasis will be placed on approaches that work successfully in local govern- ment. Instructor: Joe Sensenbrenner, President, Sensenbrenner Associates, Inc. XIV..Planning and. Conduct!ng Effechve Community Meetings 1:30 p.m. - 5:00 p.m. Registration Fee: $95 Participants will learn the "commu- nity networking" process, a strategy for successful public outreach. Community networking is a process led by Ioeai elected officials to involve the public productively in public meetings and information exchanges. Tile community net- working process emphasizes re- engaging concerned citizens who have dropped out of the dialogue and reducing the adversarial nature of many public meetings. ]nsn'uctor: Richard McCaffery, President, McCaffery and Associates IV. Conflict .Management Ski_lis and Strategees for Local Leaders i:34) p.m. - 5:00 p.m. Registration Fee: $95 There are a variety of models and methods for dealing with conflict that arises between people working together. In this workshop, partici- pants will learn their own prefer- ences for dealing with conflict and determining tile most effective eon- flier management metheds to use, based on those preferences. Versatility will be emphasized as a goal for people to develop different strategies for dealing with conflict based upon the situation. XVI. Cities and Schools: The Local Official's R. ole in Developing a Partnership for Learning 1:30 p.m. - 5:00 p.m. Registration Fee: $95 This workshop will help local offi- cials develop a plan for forging a partnership between their communi- ty's government and public schools. Participants will learn how to devel- op the appropriate municipal role in edncation ill three basic arenas -- within city hall, in the community, and with the school district. Participants will examine case stud- ies of successful city programs and will develop a plan of action for their own communities. XVll. Introduction to Personality Types Using the Myers-Briggs Type indicator® 1:31) p.m. - 5:00 p.m. Registration Fee: $95 Participants will learn to understand their own preferences for gathering information, making decisions, and interacting with the outside world through taking and interpreting the Myers-Briggs Type Indicator~ (MBTI). The MBTI is widely used in many sectors as a tool for under- standing oneself and working with others. The instrument has undergone extensive validity and reliability studies over many years. Instructor: Linda Ehrlich Geen, Manager of Education and Training, NbC and certified MBTI instructor This is a repeat of seminar #DL XVIII. How to Use Information Technology as a Leadership Teal 1:30 p.m. - 5:00 p.m. Re~istratlon Feet $95 This hands-on, interactive session will explore the ABCs of information technology tools such as the Internet, e-mail, and on-line services. This senfinar is a basic primer for the new user. Participants will gain an understanding of the importance of technology and its use in supporting and enhancing the policy and leadership role of elected officials. This se:ninar is co- sponsored by Publle Technology, Inc. (PTI). Philadelphia... Ill tile past t~w ye~, :~'~:-~ :fion'eentet.~:.Tem~ratures Founded in 1682 by William l'enn, an En~sh Otmltcl: thc name Philadelplfia means "the city of brotherly love." It was the first capi~d of the Uuited States from 1790 to 1800 aud is h~own throughout the world place where the Declaration of Independence was si~ned in 1776. Today, Pl~adelplfia is an arebi~..cOn~t of n]odem: ~atie for' q~t CObblestone streetsand eOlonM. l'hiladelphia has become ~, ..~vary in December,-but dele- one of the ~nost popul~ :?:Z,- gates e~ ~:.~{ ~lIle destination cities in the temperatures hi'tim 40s. cmmt~ with a lively and Shuttle bus sea,ice ~ be colorful historic district, available. Remember to world-class museums and bring sweate~, jaeke~, cultural attractions, exeit- gloves, ha~, m~d coat'for ing new ente~inment m~d those Christmas shopping nightlife venues, and tim- trips (there is no sales t~ filled speei~ events. If on elo~ing). that's not enough to whet Come early m~d ~y your appetite, Pl~adelphia late. B~g your fa~y ~d has been voted ~nefiea~ experience Pl~adelp~a. best resmu~t ci~, as well No matter what your ~ste, as the ~en~esff~t. hon- " ' *Sb~ething est, and, ~e~b'r~t;rh~e for Federal Bu~au~of~::,t the s~est bi~iti~s~fl~e '-~ eount~. . ....... To m~mize your eom- fo~ and enjoylnent, pack your thes for all events. ing sim, COllVell ti~ the lng distance of. ...... ~nven- The City of l~hiladelphia invites you to spend Saturday. ,e~,enin~', l)eeember C celebrating eries, friendship, and I hiladelphia's variety nf ethnic pride and talent. This | festive closing event'will be held ill th~ Grand l lall and Ballroom of the Convention ~enter. '~ ou will be able to 1 sample the flavors of eulinar~ splendor crafted to reflect tile atmosphere of the evenlng. ~\qfile you satisfy your / appetites, you will be captix ated by tile,ninny performers on hand t~ entertain vou. The evening s production, guarantees to be the l~ighlight of the week, an event ~ ou ~,ill not want to miss! ~ ' · · · Act vthes for Spouses, Guests, and Youth City officials are planning a variety of special activities for spouses, guests, and youth during the con- ferenee. All delegates will receive with their conference registration confirmation a detailed hr·chute including cost, times~ and registra- tion information about these spe- cial events. Prelinfiuary phms ioelude: CHRISTMAS IH FAIRMOUNT PARK Tour Fairmount Park the largest municipal park in the country.. This tour includes homes decorat- ed for the Silver Anniversary Christmas and homes built in the 170Os. PHILADELPHIA TOUR No visit to Philadelphia is eon]- pi·re without touching the Liberty Bell and seeing where the Declaration of Independ- ence was signed, and visiting other hist·ri· sites. CULTURAL CONNECTIOH Explore the treasures of the Philadelphia Museum of Art. This is America's third largest art muse- t,m with more dian 300,000 paint- lags, drawings, sculpture, and prints along with decorative arts, period rooms, and an Oriental art collection. This tour will also include a visit to the Rodin Museum, which contains the largest oollection of Rodin sculp- ture out~ide of Paris. FRANKLIN MILLS This discount shopping mall has over 150 stores, offer- ing top designer names at 20 percent to 70 percent below retail prices. As an added in·eh- Live, Peunsyh,auia has no sales tax on clothing. BUCKS COUNTY Visit the eounto' estate of Pearl S. Buck, Pulitzer Prize winning anthor of "The Good Earth." The interior of the home combines art, literature, history, and education. The tour also includes Peddler's Village with over 70 unique shops set in an 18th century colonial- style village. HISTORIC MAIN STREET MANAYUNK TOUR Manayunk, originally a mill to~vn, is one of the oldest neighborhoods in the country. 8troll down Main Street and visit the fabulous shops, galleries and restaurants, which comprise this historic melting pot. PENHSYLVAHIA DUTCH Take a tour of Lancaster County and visit au Amish house/farm. Enjoy a Pennsylvania Dutch style lunch stop at the Farmer's Market in Bird-ln-lland to shop for Amish specialties such as jams and relishes, quilts, and crafts. THE BARHES FOUNDATIOH The Barnes Foundation houses one of the world's finest private collections of Post-hnpressionist and early French modern art, including works by Renoir, Cezanne, Matisse, Pi·ass·, Monet, and Manet. CHRISTMAS IN BRAHDYWlNE VALLEY No ~vhere does Christmas come alive as it does in Brandywine Valley. Visit the Longwood Gardens, a duPont estate, with over 350 acres of flowers, shrubs, and lakes, and see a display of Christmas Cactus trees decorated from different eras. SPECIAL TRAVEL DISCOUHTS TO PHILADELPHIA NLC has named Travel One as the official travel coordinator and American, Delta, US Airways, and Amtrak as the official carriers for the 1997 Congress of Cities and Exposition in Philadelphia. Specially negotiated five percent and 10 per- cent discounted airfares will be offered when you book your travel through Travel One. Amtrak is offering a 10 percent discount off their best available round-trip rail fares to Philadelphia from December 1-8. Call Travel One, your travel agent, or Amtrak Toll-frce: 1-800-USA-RAIL and request fare order code X873. Certain restrictions apply. TRAVEL OHE TOLL-FREE: i-800-800-8641 24 It·ur Assistance, 7 days a ~veek Identify yourself as: National League of Cities Congress of Cities ^ttendee Getting Around AIRLINES SERVICIHG PHILADELPHIA There are 1,200 arrivals and departures daily at the Philadelphia International Airport. The domestic termi- nals are serviced by all major domestic airlines. The airport is eight miles from Center City (do~vntown). TRANSPORTATION TO/ FROM AIRPORT The airport rail line provides service from the airport to Center City every half-hour daily from 6 a.m. to midnight. The line stops at 30th Street Station, Suburban Station (16th Street and John F. Kennedy Boulevard), and at Market Street East Station (lOth and Market Streets, just two blocks from the Pennsylvania Convention Center). Travel time is 23 minutes, and the maximum weekday fare is $5. For more information, call (215)580-7800. CABS A fleet of 1,400 cabs serves the area. Fares are metered at $1.80 plus $1.80 per mile. There is an additional charge of 20 cents for two or more pas- sengers. The fare from the air- port to Center City is a flat rate of $20. Travel time to Center City is 20 minutes. LIMOUSINE SERVICE 8upershuttle Limousine Service is the official airport limousine service for the 1997 Congress of Cities. Limousines depart as needed. Service counters are located in each terminal at the, airport. - The one way fare is $8 for adults and children under six are free. A $1 discount vouch- er per person will be mailed with your registration confir- mation. For reservations, call (215) 551-6600. TRAINS Amtrak's 30th Street Station is only minutes from most major downtown hotels. Philadelphia's public transportation system provides service from the airport for $5. Public transportation from the 30th Street Station to most major downtown hotels is free with your Amtrak ticket. Call Amtrak (National Railroad Passenger Corporation) (215) 824-1600 for more information. TRAVELING AROUND THE CITY Philadelphia is a ~valkable city. New directional signs and walk- ing street maps make it easy to get around the downtown area. If you need to ask for directions, look for a Center City District Representative dressed in bright teal uniforms. If you prefer to ride, cheek out the PtlLASH, a visitor- friendly purple bus with wings which follows a dosed loop around the city. The PHLASH system runs 10:30 a.m. - 6:00 p.m. and costs $3.50 per da)' or $1.50 per ride. For more information, visit the Philadelphia website at ww~:libertynet, org/phila-visitor GEHERAL INFORMATIOH gnesl, speaker, rep- of tile media, and any IllUS[ erenee registra- tion and housinR form to be regis- tered and to be assi~ed a hotel room. · Payment must be received in furl prior to hotel assignment and registration processing. NO RFA~ISTRATION WII,I, liE PROCESSEI) WITIlOUT ACCOMPAN~N(I PA~IENT IN FULl,. · All requesL~ for conference registration, hotel, and ehan&s must be made in writing (no telephone requests accepted). · On-site registration fees and special event fees must be paid in full at the time of registration. Payment may lye made by credit ear& cash, cheek, purehfise order, or voucher. NLC will not bill for registration or special even L,,;. · The $40 spouse/~uest fee is non-refundable. METHODS OF PAYMEHT days of receipt .f die NLC e.nferenee r,..'~ist ration nelmoMed~ment. ()RI)ER REQI~ST VI1LL BE A(~:EPTEI) AFTER TIlE OCTOBER 29 (~T(IFF nATF~ HOT~ advanc~ ~ff yin. arrival date · AllOwernment purchase orcie~. Nrc Conferonee Ilqlslrntion Conter P. O. lox ISOlO Lockbox 4053 Rkbmond, VA 23285 Overnighl your registration form and NrC R~glstration ConI~ Two Vintage Park, Seito 200 4536S Vintege hrk Plaza Sterling, Virgtnla 20166 (Visa and MasterCard paymenta only 1703) 311-756~ CONFERENCE REGISTRATION DEADLINES September 26, 1997: l~o~:lTli:lrk deadline for earl), Odober 29, 1997: l'o~tmark deadline for ,dx.ance rcqTtested ehan~,~ lo existing hotel aec(nnm~rdati,,ns. After this date, November 7, 1997: P~snnark deadline ~)r CONFERENCE Assodate Member -- F.r-proflt REGISTRATION AND HOTEL coq',oni ......... I ~loll-profit oF~,qiiiza- CANCELLATION POLICIES All ~u~ts for enn~llmion must I~ in regional ~unciL~) that pay du~ dir~- 1~7, m~d n~ subject to n ~51) ennui- IMir~ ~ -- ~eiats and lation fc~. No partial reflmds Mil ~ stuff from cities that pay h es onh' to rome if you decide not to attend par- their state muniei~ ~ues and ~ot tieular ~met~ns. To g~mntee your r~m, ~ hotels direedy to N~. ~uire a one-ni~t de.it pl~ tax, Olh~ ~ ~yone(offie als, staff, ~r r~m 14 ~ys prior o your amvg. individtmls) or any o~n ~ti0n {eaU. This is r~uired even ffyou plan {o ty) tim{ d~ not pay du~ to NLC amve I~fo~ 6:~ p.m ~l ~eron- s~te muniei~[ ~ red.lions 14 d~; prim lo ~1 ~1 ~ mmda. The N~ Regist~tion Center will s~m6~ o~ not nc~i,t any registrations ~st- marked after Oetol~r 29. After fl~is OF ~LC ·ate, you must register oo sile. TO FIND OUT IF YOUR CO~UNI~ IS A DIRICT REGIST~TION MEMBER CI~, OR TO RECE~ CATEGORIES MEMBERSHIP INFO~TION, DJrert ~mhr O~ffals and staff PLEBE CALL THE NLC from cities flint ~ny dues direm v o MEMBERSHIP OFFICE AT NL(~ as well ~ to their state munieip~ (202)626-3190 ie~u~. CONFE~NCE REGI~OH ~TES Early' Advan~** On-Site Direct Meml~r and $365 g4(~ $435 K~ia te Mem~r Indict Mem~r g460 ~505 ~55~ Off]er g540 ~6~ ~5 8~us~Guest g 40 ~ 40 g 40 · Postmarked by &,ptem&n- 26, 1997 **Postmarked by. October 29, 1997 HOTELS uxt'i~ d,.'lcC;m, bqnIHlu I,IIs seniec ',,,ill he 1.,,x i,lcd t,, :dl b,.tcls ~..xU,.T,t Iqlil:,l,.fl~hi:~ \l:lHin~ :Hid :n ail,hi,' ]. 'Iht (~I.AIIIIIX ~1'1'1 Eft xxilhndtl:inh, u, l ln, h.n.I 2. '11t~ I ;( IMF t )ll'l IN~ r,,,m~, Ih, }I,H~ II;Is C'HIIIIIilHulII;IIy 3. '1 hc DOI '111 I'~'111EI': md,,, hh)uks ft,.u Iht ~ '~llxs'tllhHI et'tltL't'. sllih's v, iH~ h:fl~',,.i,,, 'Fhu hn~el J* 'lhe I'(tl'll SI'.~SIINS ].n~:ul %'1':" lis I,,,'ntud st'~t,ii hl.cks h:,'~ hh,ckud 175 r.,,ms 1'he hotel has :md ~ rill survive health sp:~ wilh 6, The UOIAIIAY INN EXI'I{I~SS ( 13lift W:lhlilt Nlruk'l) is ;-e:;lcd three and NI.C has blncked 15u Ir~iqllS The ~. Thc II(II,IIIAI' I~N I%III~PEN- III';%I~IS MAI,I, II(IH Aluh finn tXqllur, and ~1.( '. has hh~ckud ~;l13~e p:llldll~, :llld ;In ollld(,)F 8. ThC IIOI.IIL~Y I~' ~EI,E(yI' ami NI.{ '. h:,~ bl.el~t.d 22~ 9. The I,ATII.tM (135 S.trh 17th hu;lllh clHb ~ilh ;I p-.J ;eld one luSl;llt- J0. Thc I"AII~ IIYATT AT TIlE IIEIJ.EVI TIL (Ih'nmi mid Slrculs) is hw;uud six bl,~d~ hh,d~cd 100 r¢~,~nls The JlmeJ Il:IS ] ]. 1he PIIII.MJEI.PUlA MAllRIOTT is cnnnevlvd I. ~Clllitlll CL'III('I ( 12()1 M:u'kt'l ~IIVL'I ), :llld ~'J,{] II;IS I~JlIL'J{L'(J I,JJlll} 'llw Il(del Iul~ Ihruv I'gSl;lltF:llllS. ;I full st,ti iuu he:ill h t'JlIIL ;lll(J p~. 12. Thc IUTZ C. XRI,'I ON (17IIi and ( ~llL'stntll ~tl'uelsl is IoefltL, d 311d NJ,(: has I~lnukud ]rio rOi}mN. The IS. The ~IIEIJATIJ~ SOCIETY uenler, and ~1,~] h;~s hlnelwd ~. Thc ~IIEI~VI'O~ I~IVEI~rI'Y CrlT (3nth :,lid ( :J~u~HI[Tt Street) is Jog:Ired {H1 thc' I'llJvelsily I'c'm;syh':mi:,is u;inlpHs. 22 bl*~,ks from Ibc' UnTtVUlltinn t'utt(ul, and NI,C hlucked 2~1) i'o,)tlt~ The In,el has a few hh.cks. Ires bi.eked IOn n.m~s The hnlel has fitlluSs eltlh x~ilJt :m ilnJo~r i~.,I cd nv. Id,~cks fi.m lJlu J~. Th~ ~TNIIIIAM FIIAN~I.IN Iq.AZA ( I hh :md R:wu ~lrU~l) is lion ~CIIler. slid NI,('. has bI.eked (,50 :md a full-sca'icc h~ahh cluh. ,\llemlcc I'r.filc: Y..r assistance ill fillin~ .ut this box will greatly help ns develop nn nuendee profile, as well as identify first time attendees. Please cheek or fill in the ~ppropriate infi~rnmtion. GENEral, iIACK(;RO~I) ~F'()~U~TION ~ Newly elected t..ffiee this year ~ Yea~ in office ~ Appointed to office this year ~ Conferen~s attended ~ First time conferenc~ attendee ~ Size of city. NO ~GIST~T1ON SHLL BE PR~ESSED ~$~TllO~ ACCO~ING PA~ ~ FL~,i,. Please t~e or print Name Sex F M Title City tlr ()rganizatitm Mailiug Address City. .State Zip Telephone ( ) Fax ( ) Famih' Member Attending ($4(I ~'mn-refundahle spouse/guest fee; Age 18 or under -- no youth'fee Spouse Full Name Child(tau) Age(s) __ Cheek applicable Conference Registration Fee and enter total fees in the right hand eokimn: Early Registration Fees (Postmarked by September 26, 1997) $365 Direct Member ' $ 10 g365 Associate Member ,g 11 8460 Indirect Memher ,q 12 ,g541~ N.n-Member/~ )ther $ 13 841) Spouse (mm-refundable) $ 50 Advance Registration Fees (Postmarked by October 29, 1997) g400 Direct Member S 14 $400 Associate Member $ 15 8505 Indirect Member 8 16 .gO()() Non-Member/Other ,g ] 7 840 8p,use (non-refimdahle) $ 50 Leudersbip Tralnlng lasfltate Seminars (Tneaday~ December ~) 8145 I. Tile Future is Ilere ,q 1 8145 Il. Leadership in an Emergency or Disaster 8 2 8145 III. Effective Listening Skills S 3 g 95 W. l l.w to Turn Adversaries into Collahorators Part I ,q 4 8 95 V. Using Ilnmor Effectively 8 5 $ ~5 VI. Leadership Skills for Economic C.mpetitiveness $. 6 S 95 VII. Using Technology to Make Effective Presentatinns ,g 7 14 t~5 VIII. Study Circles S 8 Leadership Training Institute Seminars Ol*edne~day, December $) ~ 95 IX. Introduction to Pemonality Types (MBTI) Sex F M 9 ,g 95 X. Turn Adversaries into Collaborators Part I1 $. 10 g 95 XI. Leading in Diverse Communities ,q 11 8 95 XI1. Creating lligh Performing Councils S 12 S 95 Xlll. Usinga Systems ThinldngApproaeh $ 13 fl ~5 XIV. l'lanninl0/Conduetin~ Community Meetings ,q 14 $ % XV. Ctmfliet Management Skills and Strategies 8 15 ,g 95 XVI. CJI;es and ,~hcols 8 16 $ 95 XVII. Introduetkm to Personality Types (MBTI) $ 17 .g 95 Will. flow t. Use lufl~rmation Technology as a I,eadership Tool ,g 18 Spatial Evaats g25 (;I,BI,O Activity Fee ,q l 835 llEl,O Annual Dues (elected/direct member city) $ 2 845 I1ELO Annual Dues (elected/non-member city) S 3 855 llEI,O Annual Dues (supporting member) $ 4 $165 NBC-I,FA) Annual Due~Aetivities Fee ¢i,dudc:s ~or~h,,t~s, I~o~uaners. hmelu~m, reccptim~ and 1¢197 tnem&'rship dues} sq 5 gSO NB(M,EO Lunebeon Only (non-members) ,g 6 850 WIMG Networking Branch S 7 TOTAl. REGISTRATION FEES $ Cheeks are to he made payahle tn: NATIONAl, I,EAGUE OF CITIES ,X,} icl~i~r:lli.llS t)r C:lllee11;iti¢)ns will I., :~cc',4,cd hy Iclcph-ac. lC{lIlt:St", HTH'-I Il(.' ill Wlilillt~. (703) 318-7568. ti'lease type or print) __ Hease make my hotel reservations as indicated below. __ 1 do not require hotel accommodations at any of the hotels listed below. __ Please contact me regarding suite information. __ 1 prefer a smoking room (assigned on a space available basis). Arrival Date /__/__ Time Departure Date __/ [__ Time [Special Ilousing Request e.g., wheelchair eeco~ible rooms, etc. If you have spoeial homing or transportation nee&, please contact the Conference Registration Center. I will be sharing my room with: Co-Oeeupent Name Address City. State Zip. Telephone (. .) Credit C~rd Authoriz~tlon ~. ~ [] Charge my registration fees (Mastercard or VISA) [] Charge my hotel room deposit (All major credit cards) Credit Card Company. Credit Card Number -,~ ~ Print Name on Credit Card Expiration Date T ~e NI C (kmferenee Registration Center Is authorized lo use the ~bove e~rd ~o pay all applicable re~istraaon fees and/or l~uarantee tny hotel resen.aaon. I understand that one night's motn charge ~411 be billed through tiffs card if I fail to show np for my a~;lgned houshk~ on the confirmed date unless I have eaneeled thy resem'a. tim; with thc hotel at least 72 hours In advance. (;ardholder Signature Date Hotel Prefereme Indicate your firstchoiee hotel ~th the number 1, and circle the room you desire (single or double occupancy). Number the other hotels from 2 to 16 in order of your preference. Your hotel and room type will be assigned based on your postnfark and hotel room availability at the time your request is processed. For suite information, contact the NLC Conference Registration Center at 1-800-765-7616. Ail unguarmiteed reservations ~411 be canceled if not guaranteed 14 days prior to arrival. Ail rooms require one-nigbt deposit plus tax per room. Choice Hotel Hame Occupancy {~e ~de) Single Double (1) Clarion Suites (2) Comfort Inn Penn's Landing {$} Doubletree Ilotel 14) Embassy Suites Center City (5) Four Seasons l ioliday Inn Express {7) lloliday hm Independence Mall (8) lloliday Inn Select .(9) I,atham .(10) Park llyatt at the Bellevue (t !} I'hiladelphia Marriott i!2) Pdtz Carlton (13} Sheraton Society llill (14) Sheraton University City (15) Wanviek (16} Wyndham Franklin Plaza $99 S99 $73 $73 $129 $129 $129 $129 8180 8180 $105 $105 $112 $119 $135 ;135 $110 H10 $145 ;145 $139 ;146 $165 ~165 $136 H36 $99 ~99 $110 $110 $127 $137 All major credit cards are accepted al the conl'ercnee hotels. All l~wernment in~rehase orders, sulmlillcd I. lhe holcls FOUR WI':I':KS p;ior Io y.ur a~ix':d, and ~ '~I~iease return this form with your registration payment NLC Conference Registration Center P. O. Box 85080 Lockbox 4053 Richmond, VA 23285 ~ Vor more in*o,mation (703} 318-0300 ,I Ii 1917 C011GIlUS ~ i31E & E~i.I~SI~OII Na~m~! League of Citi~ 1301 Pennsylvania Avenue, N.W. W~shing~on, I).C. 20004 EARLY REGISTRATION C~'FOFF DATE S~ER 26, 1997 lmnnetolma 14600 Minnetonka Boulevard RECEIVED JUL 1 1 Minnetonka, MN 55345 612-939-8200 Fax 612-939-8244 TO' FROM: DATE: SUBJECT: MEMORANDUM Howard Bennis, Mayor - City of Deephaver. Phil Zietlow, Council Member - City of Medina Ed Shukle, City Manager- City of Mcund Mike Eastling, Public Works Director - City of Richfield Terry Schwalbe, Project Coordinator - City of Wayzata Lee Gustafson, Director of Engineering/~ July 10, 1997 Minnehaha Creek Watershed District Steering Commi~ee Attached is a letter that was sent out to all cities and townships within the Minnehaha Creek Watershed District informing them that the five of you have been selected to serve on the Steering Committee. As mentioned in the letter, Mike Eastling will be scheduling the first meeting for your group. I did mention to Mike that if the Committee would like to use the Minnetonka Community Center for its meetings, that I would be more than happy to help schedule the facility. Mike will probably put together a simple agenda for the first meeting to help get things started. Therefore, if you have any suggestions or comments for the meeting, please contact Mike at 861-9792. Also, if I can be of any assistance, please call me at 939-8239. Good luck! Minnetonka...where quality comes naturally RECEIVED JUL 11 mlnnetonl<a: 4600 Minnetonka Boulevard Minnetonka, MN 55345 612-939-8200 Fax 612-939-8244 July 10, 1997 Mr. Edward Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, MN 55364-1687 RE: Steering Committee for Minnehaha Creek Watershed District Issues Dear Ed: On June 16, 1997, the City of Minnetonka sent a letter to all cities and townships within the Minnehaha Creek Watershed District requesting names of individuals who would be interested in serving on a five member steering committee to review issues relating to the management of the Minnehaha Creek Watershed District. As indicated in the letter, one of the goals in establishing the committee was to get a good mixture of backgrounds that would include elected officials and city staff. As of this date, six people have responded to this request, and fortunately, only two have similar backgrounds. The only duplication was from city council members, so we thought it would be only fair to select the first one who requested to be on the committee. The five member Steering Committee will therefore be comprised of the following individuals: 2. 3. 4. 5. Howard Bennis, Mayor - City of Deephaven Phil Zietlow, Council Member- City of Medina Ed Shukle, City Manager - City of Mound Mike Eastling, Public Works Director - City of Richfield Terry Schwalbe, Project Coordinator - City of Wayzata Mike Eastling has volunteered to schedule the first meeting for this group. The meeting will likely be scheduled for the first or second week of August and will be held in the City of Minnetonka Community Center. If anyone has questions or comments with regard to this meeting, please feel free to contact Mike at 861-9792. Sincerely, Lee Gustafson', P.E. Director of Engineering Minnetonka... where quality comes naturally RECEIVED jUL / 1 19t)?.~ LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, July 23, 1997 Tonka Bay City Hall :E J FO PUBLIC HEARING - Consideration of the City of Orono's request to express objections to the adopted 1998 LMCD Budget. CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Babcock READING OF MINUTES - 6/25/97 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. WATER STRUCTURES A. City of Deephaven, consideration of request to amend public launch ramp license approved at 4~23~97 Board meeting; B. City of Wayzata, consideration of new public launch ramp license application for improvements of the Wayzata Bay public launch ramp, continuation from 6111197 & 6125197 Board meetings; C. Ordinance Amendment, first reading of an ordinance relating to adjustment of authorized dock use areas; amending LMCD Code Section 2.01, Subd. 3 c); e D. Sailors World Marina, discussion on 4127/88 Variance Order which will require the removal of 10 slips after the 1997 boating season; E. Additional Business; FINANCIAL A. Audit of vouchers for payment; - 711/97 - 7~30~97 B. June financial summary & balance sheet; 8. 9. 10. C. Discussion of 1998 LMCD Budget Public Hearing; D. Additional Business; EWM/EXOTICS TASK FORCE *A. 7/11/97 meeting was cancelled B. Update on 1997 EWM Harvest Season; C. Additional Business; LAKE USE & RECREATION *A, Hennepin County Sheriff's Water Patrol Significant Activity Report (handout); B. Ordinance Amendment, first reading of an ordinance relating to the size of boats on Lake Minnetonka; amending Lake Minnetonka Conservation District Code Section 3.01, Subdivision 22 and adding Section 3.07, Subdivision 10; C. Additional Business; SAVE THE LAKE ADMINISTRATION A. Discussion of Draft Communication Policy, B. Discussion of Draft RFP for Records Retention Plan (handout); C. Review of staff outline on potential links for Web Page; D. Additional Business; EXECUTIVE DIRECTOR REPORT OLD BUSINESS NEW BUSINESS ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT REGULAR BOARD OF D~RS MEETING 7:00 P.M., Wednesday, June 25, 1997 Tonka Bay City I-Tall RECEIVED JUL z CALL TO ORDER Chair Babcock called the meeting to order at 7:00 p.m. DRAFT ROLL CALL Members present: Gretchen Maglich, Minnetonka; Gene Partyka, Minnetrista; Tom Reese, Mound; Sheldon Wert, Greenwood; Douglas Babcock, Tonka Bay; Craig Nelson, Spring Park; Robert Rascop, Shorewood; Bert Foster, Deephaven; Bob Ambrose, Wayzata; Tom Gilman, Excelsior; Herb Suerth, Woodland. Also present: Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director; Nancy Ran~]l, Administrative Technician. Members absent: Kent Dahlen, Minnetonka Beach. Orono and Victoria have no appointed members. CHAIR ANNOUNCEMENTS Babcock announced Gretchen Maglich will be resigning from the Board following tonight's meeting. He thanked her for her service on the Board. READING OF THE MINUTES Suerth moved, Nelson seconded to approve the minutes of the June 12, 1997 Regular Board meeting as amended: change Item 2B, The LMCD was only intending to spray the bilge with chemicals such as quat. The problem remains we have no solution. Page 3, typo "witch". Motion MOTION: Ayes (9), Nays (0), abstained (2) Ambrose, Foster; Motion carried. PUBLIC COMMENTS Gabriel Jabbour, Orono Mayor discussed the City of Orono's concern about Lake Minnetonka and the need for more restrictive ordinances to preserve the lake. He outlined reasons why they have no board member representing Orono at this time. He added he believed the LMCD needs to recodify the ordinances, focus on education and mandatory licensing of boaters, and pay more attention to the comprehensive plan. Babcock discussed the importance of having Orono's participation on the Board. He stated he believed any participation by Orono is due to impact Lake Minnetonka and is time well spent. Jabbour stated he believed the job of being custodian of Lake Minnetonka goes beyond regulating docks. Wert stated he believed an Orono representative should be appointed whether or not the Board decides to recodify the ordinances. Babcock stated the Board would respond to Jabbour's requests in writing. Ambrose concurred with Jabbour that more focus on comprehensive plan issues needs to be done. Partyka stated he believed it is very important for Orono to have a representative on the Board. Al Bastian, Excelsior Park Charters, asked the Board to amend the Code to allow for charter boats longer than 70'. He added they are considering purchasing a used boat which would exceed the 70' in length. La~ lVllnnetoilka Conservation District Regular Board Meeting June 28, 1997 Page 2 Babcock stated this would be further discussed under New Business. CONSENT AGENDA Reese moved, Wen seconded to approve the Consent Agenda. Items approved include the following: Item 2A, Minutes of the 6/13/97 EWM meeting. Motion carried unanimously. 1. WATER STRUCTURES A. City of Wayzata, consideration of new public launch ramp license application for improvements of the Wayzata Bay public launch ramp, continuation from 6/11/97 Board meeting. Ambrose expressed concern in how he believed the City was treated by the Board with regards to the proposed improvements. He cited an article from the Lake. shore Weekly News regarding action taken at the 611/97 meeting. Babcock stated he believed ownership and control of the area surrounding the boat ramp area are the major concerns for the Board to consider. He added it is important to not license the same lakeshore twice, and that the property issues with the Wayzata Yacht Club need to be resolved. Foster stated he is a member of the Wayzata Yacht Club and has a conflict of interest. He added he would participate in the discussion, but refrain from voting. He provided for the Board background information on the development of the Lake Access Task Report. He stated he believed the launch ramp should be continue to exist until a better site can be found. He believed it can be a win-win situation. He noted them may be a problem with having the dock on the east side because of the proximity to Wayzata Yacht Club docks on Site 2. Ambrose agreed a make-ready dock is needed but was concerned about it being counted as a BSU on their multiple dock license. Babcock stated if docks are to be added to a licensed facility, he believed a new site plan needs to be reviewed prior to approval. Nybeck noted there is a similar situation in Spring Park where Hennepin County has both a multiple dock license and hunching ramp. He noted the make-ready docks provided at the launching ramp do no count against their BSU's allowed on the multiple dock license. He added the make-ready docks are a required public amenity in their special density license. Tom Young. Plannin~ Coordinator stated the DNR would own and install all the proposed improvements. He added he believed these are cosmetic changes, and there are not any issues with ownership. He concluded the City and the DNR would like to cooperate with the LMCD and the Wayzata Yacht Club to get the license issued. Babcock was concerned about adding BSU's to a site that is grandfathered in. Young suggested an agreement be entered into between the Yacht Club and the City that could be placed on the next agenda. Foster suggested a motion be made to approve in concept the idea the Wayzata Yacht Club could add a make-ready dock at the west site with no negative adverse Lake ]Vllnnetonka Conservation District June 2~, 1997 Page 3 impact on BSU's, and the launch ramp could be licensed to the yacht 'club with an agreement on how it would be handled. LeFevere stated setbacks can be adjusted. He cited several examples where it has been done in the past. MOTION: Rascop moved, Wert seconded to table this item and direct staff to come back with a report. VOTE: Motion carried; Ayes (9); Abstained (1, Foster); Motion carried. Young asked if the concrete planks could be approved. Babcock re-stated there needs to be a new site plan provided highlighting where the launch ramp and make-ready dock are proposed. Ambrose stated he believed the concrete planks should be allowed to be placed yet this summer so they can be used. He expressed concern in the amount of staff time being spent on this request. Babcock believed it is worth the time, because it is potentially precedent setting and may need a code change. MOTION: Ambrose moved, Gilman seconded to take this item off the table. VOTE: Motion carried unanimously. MOTION: Reese moved, Rascop seconded to approve the placement of the concrete planks subject to approval of the Executive Director, and direct staff to work with the parties to develop a procedure to accomplish the make-ready docks. VOTE: Ayes (7); Nays (2; Babcock, Maglich); Abstained (1, Foster); Motion carried. MOTION: Ambrose moved, Nelson seconded to table this item to the next meeting. VOTE: Motion carried unanimously. Ce Sailors World Marina, discussion on 4/27/88 Variance Order which will require the removal of 10 slips as identified after the 1997 boating season. MOTION: Foster moved, Gilman seconded to table discussion of this item. VOTE: Ayes (9), Nayes (1, Babcock); Motion carried. Additional Business Randall noted a list of 1997 multiple dock licenses with contact information has been supplied in the handout folders. Lake Minnetonka Conservation District Regular Board Meeting June 25, 1997 Page4 e EURASIAN WATER MII,FOIIdEXOTICS TASK FORCE B. 6/13/97 meeting report. Suerth reported on the 6/13/97 meeting. He noted the DNR has identified 80 bodies of water infested with milfoil in Minnesota and plans on operating on 50 of them this summer. He added the harves~g season to date has gone well. He noted an aerial survey was done on the 6/12/97 to assist in locating heavy growth areas with milfoil. He asked Nybeck to update on the zebra mussel boat washdown program. Nybeck reported mixed success with regards to this program. He stated over 140 boats were either washed and/or inspected for the Forest Wood Open. He noted only one boat had been washed for special events on Lake Minnetonka prior to this tournament. He stated an overall assessment of this program would be done a_e~r the majority of special events have been held this summer. Board members discussed the frequent DNR exotics inspections at various access points. Staff was directed to write a ~et~r thanking them for their efforts. C. Additional Business Them was no additional business. LAKE USE AND RECREATION There was no discussion. SAVE THE LAKE There was no discussion. ADMINISTRATION Nybeclc_sta__t~, he believed it is important for the IAVlCD to establish a policy relating to an employee s use of office technology for personal use such as the computer and web page. He added a draft policy has been handed out and should be discussed at a future Board meeting. The Board directed slaff to place this on the 7/23/97 Board agenda. Randall stated several changes have been made to the web page in recent weeks. She noted a list of potential links intended to be linked with our site will be provided at the next meeting. FINANCIAL REPORT A. Audit of vouchers for payment. 6/16/97 - 6/30/97 Nelson reviewed the audit of vouchers as submitted. He noted an additional check in the amount of $378.32 to P.E.R.A. should be added to the voucher list. MOTION: Gilman moved, Ambrose seconded to approve vouchers for payment as submitted, with an the additional check payable to PERA ~ '..he Lake Mlnnetoaka Conservation District June 25, 1997 Page 5 amount of $378.32. VOTE: Motion carried unanimously. B. May financial summary and balance sheet. MOTION: Reese moved, Partyka seconded to accept the May financial summary and balance sheet. VOTE: Motion carried unanimously. C. Consideration of 1998 draft LMCD Budget Babctx:k s~ated per enabling legislation, the budget needs to be approved and certified before it goes out to the cities before the luly 1 deadline. He added Orono has expressed concern about the levy increase being greater than the cost of living. He noted they have requested a public hearing to discuss their concerns. A public hearing was discussed and slaff was directed to set a public hearing for the 7/23/97 meeting. MOTION: Rascop moved, Gilman seconded to approve and cc~dfy the 1998 LMCD budget, and direct staff to forward to the member cities prior to the 7/1/97 deadline. VOTE: Motion carried unanimously. D. Additional Business There was no additional business. ® EXECUTIVE DIRECTOR REPORT Nybeck reported on the following: · Babcock, Randall, and himself had attended the Maxwell Bay Dedication. · Summer Rules are in the process of being updated and printed. · Nybeck recommended one of the meetings in July be canceled. The Board concurred and canceled the 7/9/97 meeting. 8. OLD BUSINESS There was no old business. 9. NEW BUSINESS Discussion was reconvened for the request of A1 Bastian, Excelsior Park Restaurant to increase maximum length of a boat from 70 feet. Foster believed the boat size should be changed in the ordinance; however, he was in favor of a charter boat making such a request on a case-by-rose basis. Movement could be restricted in some areas. It was the general consensus of the Board the ordinance be amended. Lake Minnetonka Conservation District Regular Board Meeting June 25, 1997 Page 6 MOTION: Foster moved, Reese seconded to direct the attorney to prepare an ordinance amendment to consider allowing for charter boats over 70' in length with specific restrictions. Rascop stated he would oppose the motion. VOTE: Ayes (6), Nays (3; Rascop, Babcock, Nelson); Motion carried. Babcock discussed concerns he has regarding public use of the launch ramps during fishing tournaments and other special events. Board members discussed parking at public accesses, milfoil infestation and harvesting, and shared lake responsibility. Babcock suggested the attorney be directed to revise the ordinance to take back ~ event permitting for the 1998 season. Foster disagreed stating it would be a duplication of efforts, and more staff would be needed. Nybeck stated staff was going to recommend an assessment of the special event permitting process for the 1997 season be done in September. Staff was directed to place this on the agenda in the first meeting in September. Board members discussed Orono's concerns about the Board's activities. MOTION: Partyka moved, Foster seconded to direct staff to draft a letter to the City of Orono thanking Mayor Jabbour for attending the meeting and expressing to the City that the LMCD looks forward to having a Board member in the near future. VOTE: Motion carried unanimously. 10. EXE~ SESSION Babcock recommended the Board close the meeting and convene into Executive Session to discuss pending litigation with Bil Hawks. MOTION: Foster moved, Rascop seconded to close the meeting and convene into executive session to discuss pending litigation with Bil Hawks at 10:25 p.m. VOTE: Motion carded unanimously. MOTION: Foster moved, Nelson seconded to close the executive session and reconvene the Board meeting at 10:43 p.m. VOTE: Motion carried unanimously 11. ADJOUR.NMI~qr Lake ]Vfinnetonka Conservation District June 25, 1997 There being no further business, Chair Babcock adjourned the meeting at 10:43 p.m. Page7 Douglas Babcock, Chair Bert Foster, Secretary RECEIVED JUL 2 1 DRAFT LAKE MINNETONKA CONSERVATION DISTRICT EWM/EXOTICS TASK FORCE MINUTES 8:30 a.m., Friday, June 13, 1997 Gray's Freshwater Center, Suite 19, Navarre, MN Present: Herb Suerth, Chair; Tom Reese, LMCD Board; John Batten, Hennepin Parks; Chip Welling, MN DNR; Dr. Ray Newman, U of M Fisheries; Marsha Videen, E. Parkers Lake Improvement Association; Gene Strommen, Milfoil Project Manager; Nancy Randall, Administrative Technician; Greg Nybeck, Executive Director. Minutes Minutes from the 5/9/97 meeting were reviewed. The minutes were accepted with the following change. Welling noted under Agency Reports on page 2, it should read "The DNR has identified 80 bodies of water with state funds operating on approximately 50 of them". Update on zebra mussel spra?down program for 1997 Suerth asked for a staff update on this program. He stated he believed some progress had been made in the coordination with special event coordinators. Nybeck reported there has been mixed success with regards to coordinating the boat washing station with special events on Lake Minnetonka. He noted for the special events to date, only one boat has been washed. He added the office has received the majority of waiver forms stating they have not been in infested water for at least 30 days prior to the event or it has been completely dry for five days. He stated he believed this could be considered either good or bad news depending on whether they have been infested water or if they are not taking the waiver form seriously. He noted that staff has been coordinating to wash all participating boats with the Forest Wood Open scheduled for Lake Minnetonka from June 25 through June 28. Reese stated based on the conversations with the Forest Wood Open Tournament coordinators, all participants, at the minimum, need to have their boat inspected with the possibility of it being washed. Update on 1997 Lake Minnetonka EWM harvesting plans Gene Strommen, 1997 EWM Program Project Manager, provided an update. He reported: * An aerial survey was conducted on 6/12/97. He noted milfoil is prevalent; however, it generally has not matted out yet. He reported a boat survey to further follow-up on the aerial survey is scheduled for 6/13/97. * The entire crew from 1996 is returning with training to start on 6/16/97. * Public access treatments are scheduled for Monday, 6/23/97, and Monday, 6/30/97. EWM/EXOTICS TASK FORCE, 6/13/97, PAGE 2 * Mtka Portable Dredging has been awarded the trucking contract and Lake Management, Inc. has been awarded the access treatment contract. Agency Reports Barren reported on the following: * The Grand Opening for the Lake Minnetonka Regional Park on W. Upper Lake is scheduled for Saturday, June 14. * The harvester may be delayed in getting to Lake Minnetonka because of activity on other Hennepin County lakes. Newman reported on the following: * There has been a fair amount of weevil activity in Smiths Bay. * There has been a general decrease in milfoil activity on other lakes he works on. stated he believed this was due to winterkill and high stress. He Welling reported on the following: * The legislature recently approved $75,000 worth of continued funding for Dr. Newman's research. He noted the DNR would match this $75,000 through fees received from boat licensing. * A limited number of DNR treatments are planned for 1997. Area wide lake association reports Videen reported that they had 29' secchi disk readings on 6/1/97 on Parkers Lake. Old Business There was no old business. New Business There was no new business. Adjournment There being no further business, the meeting was adjourned at 9:57 a.m. Respectfully submitted, Gregory S. Nybeck Executive Director RECEIVED JUL 2 1 LAKE MINNETONKA CONSERVATION DISTRICT 2500 Shadywood Road, Suite 19 Excelsior, MN 55331 471-9588 EXECUIlVE DIRECTOR'S NEWSLETTER Gregory S. Nybeck July 17, 1997 Staff Update: The LMCD office has recently returned to being fully staffed. With the resignation of A1 Willcutt as Executive Director in February, I was promoted to fill this position in mid February from my previous position as Administrative Technician. Nancy Randall was hired to fill the vacant Administrative Technician position and started on 5/12/97. Previously, she worked as a Planning Intern for approximately 18 months with the City of Oakdale performing a wide variety of duties. Other staff members include Lisa Francis, Administrative Assistant, and lan Briner, Part-time Clerk. On-going Licenses: LMCD staff processed all new and renewal applications for multiple docks; District Mooring Areas; charter boats; and liquor, beer, and wine licenses by the end of May. Randall started multiple dock inspections in late in May and has completed the majority of them. Staff continues to follow-up on complaints received including docking issues, the number of boats being stored, lighting complaints, and an assortment of other complaints. Special Events; As you are aware, the LMCD Board established a proactive position with regards to the introduction of zebra mussels into Lake Minnetonka for 1997. When the Board passed LMCD Ordinance//145 this past winter, it required all participants in special events on Lake Minnetonka to have their boats washed down by LMCD approved personnel if they have been in DNR identified zebra mussel infested waters and they do not comply with the requirements of the ordinance. The ordinance requires participating boats that have been in infested water 30 days prior to the special event and have not been completely dry for five days to have their boats washed down by a high-pressure sprayer purchased through "Save the Lake" funds. To date, there has been mixed success with regards to this program. Over 90%, or 150 boats, were inspected and/or washed for the Forest Wood Open held between June 25 and June 28. In all other special events held this summer, approximately 20 other boats have been washed. Staff plans a final assessment of this program in August with further Board discussion planned in September. The Board plans to discuss in September whether the LMCD should be more involved in special event permitting process. ': EXEcuTIVE DIRECTOR'S REPORT, 7/17/97, PAGE 2 ® ~ The 1998 LMCD Budget was approved by the Board at the 6/25/97 meeting and forwarded to member cities before the 7/1/97 deadline. The approved budget has forwarded a total levy of $174,140 to the 14 member cities. Reserve fund balance projections on 12/31/98 indicate the adopted budget will meet agreed upon levels of 6 months for Administration and 12 months for EWM. A public hearing has been scheduled for the 7/23/97 Board meeting to allow the City of Orono to express objections to the adopted budget. Any changes based on this public hearing would be forwarded to member cities in a timely fashion. EWM FI~rvesting Project: With the entire crew returning from 1996, this project was started on 6/16/97 and is planned through 8/22/97. With the untimely passing of Norm Paurus, Project Manager in 1995 and 1996, we were fortunate that Gene Strommen agreed to serve in this capacity in 1997. To date, harvesting has been done in Phelps Bay, S. Upper Lake, W. Upper Lake, Cooks Bay, Emerald Lake, Seton Lake, Black Lake, Crystal Bay, North Arm, and Maxwell Bay. Currently, we are harvesting in Carman Bay with future tentative plans for Spring Park Bay, Lafayette Bay, GidSon Bay, Wayzata Bay, Grays Bay, Browns Bay, Echo Bay, St. Albans Bay, and Excelsior Bay. Potential second cuts will be analyzed upon completion of these bays. Strommen has based harvesting priorities upon impediment to public boat navigation on the open water. He has noted there are many areas of the lake where the milfoil does not look very appealing, but where the milfoil density is sparse and well under the water. Feel free to have your office staff or residents call the LMCD office ff they would like to report heavy growth areas or if they have questions. Bil Hawl~ Litigation; Hennepin County District Court recently found Mr. Hawks guilty of violating LMCD Code Section 2.12, Subd. 2. This ordinance prohibits the use of a storage boats on Lake Minnetonka. Conditions of his sentence include a $700 f'me and 90 days in jail. The judge stayed $350 of the fmc and all 90 days in jail, provided he did not construct a second storage boat. This past winter, Mr. Hawks fried a civil lawsuit against the LMCD challenging LMCD Codc Section 2.12, Subd. 2. In the meantime, the LMCD fried a countersuit seeking an injunction requiring the storage boat to be removed. Both lawsuits are pending. Minnetonka Beach U~date: The Board approved the reconfiguration of the non- conforming multiple dock license through LMCD Code Section 2.015, at the 4/23/97 meeting. The approval reduced the number of designated Boat Storage Units from 92 to 86. With this approval, all 27 dock sites are either in compliance with LMCD Code requirements or have had proper variances approved by the Board. City of Mound- Lost Lake Channel; The Board approved a 16 slip transient dock at the turnaround area of this proposed project. Additionally, LMCD staff worked with the applicant and MCWD staff to establish proper danger buoys, consistent with others on :: EXECUTI~'E DIRECTOR'S REPORT, 7/17/97, PAGE 3 Lake Minnetonka, to protect vegetation in the center of this turnaround area. ~ The LMCD has established a Web Page for use by the public. An assortment of information is detailed in it including past Board Minutes, a synopsis of the Code, an exotics section, and lake-related reports. I encourage member cities to review our Web Page and call the office with comments. Our Web Page address is: http://www.wintemet, com/-lmcd/