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1997-09-09 AGENDA MOUND CITY COUNCIL TUESDAy, MOUND SEPTEMBER 9, 1997, 7:30 PM CITy COUNciL CHAMBERS and will be enacted byZteams listed under the Consent Agenda are considered to be routine by the Council Councilmember or Citizen roll call Vote. There will be no separate discussion of these items unless a so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 2. . ~. At this time items can be added to th PA_~GE not listed and/or items can be r aj?er the Consent Ao~ ~ 'e. moved from the Co- ..... e. Agenda that are a~,~,u nas Oeen approved. "~'" ngenaa and VOted upon *3.CONSENT AGgI~A: *~. ~s~ ~, ~vL~R MEETING ............................ PAYMENT OF BILLS ......................................... *C. REQUEST FOR PAYMENT, 1997 SEALCOATING, ALLIED BLACKTOP. PUBLIC HEARING: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW THE WESTONKA SCHOOL DISTRICT TO ESTABLISH EARLy CHILDHOOD FAMILy EDUCATION (E.C.F.E.) LOCATED WITHIN THE B-1 ZONING DISTRICT AT 5241 SHORELINE DRIVE, LOTS 7-20 & 26-35 & ALL VACATED ALLEY & PARKING AREA AND PARK, BLOCK 1, PID//13-, P & Z 97-38 117-24 34 0072 CASE #97-46: VARIANCE FOR GARAGE AND ADDITION, MITCHELL KNUTSON, 6547 BARTLETT BLVD., LOT 18, HALSTEAD HEIGHTS, PID//22-117-24 44 0037 THIS CASE WILL BE AT THE PLANNING COMMISSION MONDAY, SEPTEMBER 8, 1997. 1)ISCUSSION: KESPONSE TO WOODLAND POINT SUMMONS. 3123-3130 3131-3143 3144-3145 3145-3180 3181-3203 PERMIT FOR JAYCEES'S ALUMNI DANCE .............................. 3204-3206 8. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. 9. UPDATE ON SUMP PUMP INSPECTION PROGRAM ........................ 3207-3212 10. PRESENTATION OF 1998 PROPOSED BUDGET AND PRELIMINARY LEVY .......................................... 3213-3215 11. RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF CITY OF MOUND FOR THE YEAR 1998 ......................... 3216 12. DISCUSSION: PROPOSED RESOLUTION #97- RESOLUTION REQUESTING COUNTY ASSISTANCE IN THE OVERSIGHT OF THE MINNEHAHA CREEK WATERSHED DISTRICT ............................................ 3217-3219 INFORMATION/MISCELLANEOUS: Ao DEPARTMENT HEAD MONTHLY REPORTS FOR AUGUST 1997 .......................................... 3220-3242 LMCD REPRESENTATIVE'S MONTHLY REPORT FOR AUGUST 1997 ........................................ 3243 Co DOCK AND COMMONS ADVISORY COMMISSION MINUTES OF AUGUST 21, 1997 ...................... 3244-3249 Do PLANNING COMMISSION MINUTES OF AUGUST 25, 1997 ........................................... 3250-3256 Eo REMINDER: COMMITTEE OF THE WHOLE MEETING HAS BEEN RESCHEDULED TO TUESDAY, SEPTEMBER 30, 1997, 7:30 P.M. REMINDER: JOINT CITY COUNCILS' MEETING WITH MINNETRISTA, MOUND AND THE WESTONKA SCHOOL BOARD IS SCHEDULED FOR THURSDAY, SEPTEMBER 18, 1997, 7:00 P.M., MINNETRISTA CITY HALL INVITATION FROM WESTONKA AREA CHAMBER OF COMMERCE RE: ANNUAL BUSINESS PERSON OF THE YEAR AWARD DINNER SCHEDULED FOR FRIDAY, SEPTEMBER 12, 1997 AT BURL OAKS GOLF CLUB. IF INTERESTED IN ATTENDING, PLEASE CONTACT THE CHAMBER OF COMMERCE TO REGISTER ........................................ 3257 3122 Mom~l City Council Minutes - August 26, 1997 MINUTF~ - MOUND CITY COUNCIL - AUGUST 26, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 26, 1997, at 7:30 PM, in the Council Chambers at 534~ Maywood Road, in said City. Those present were: Andrea Ahrens, Councilmembers Mark Hanus, Liz Jensen and Leah Weycker. Mayor Bob Polston was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, Building Official Jon Sutherland, and City Clerk Fran Clark and the following interest citizens: John Rothbauer, Stan Mierzejewski, Karen & Pat Buffington, Lyn Hexum, David Kunz, Mike Aspelin, Cathy Bailey, Mike Zygadlo, Dave Harrison, Russ Bothern, Tim Hendrickson, Brenda & Glenn Isaacson, Helen Eiss, Ellen Storlien, and Betty Ann Eccles. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 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. *3. *1.1 CONSENT AGENDA: Councilmember Jensen asked that the proposed resolution for P & Z Case #97-34 be corrected. In the first Whereas it refers to a 34 foot garage which should have been a 24 foot garage. Mr. Buffington, P & Z Case #97-35 asked to have the 3rd Whereas corrected to show the garage is attached not detached. The City Manager stated there is an Add-On Item from the SRA concerning the 612 Area Code split. MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda as corrected and the Add-On item to the Regular Agenda. A roll call vote was unanimously in favor. Motion carried. APPROVE THE MINUTES OF THE AUGUST 12 1997 REGULAR MEETING. Hanus, Weycker, unanimously. 1 *1.2 Moutut City Council Minutes - August 26, 1997 APPROVE THE MINUTES OF THE OINT CITY COUNCIL MEETING HELD WITH THE CITY OF MINNETRISTA AND WESTONKA SCHOOL BOARD AUGUST 7 1997. Hanus, Weycker, unanimously. *1.3 APPROVE THE MINUTES OF THE OINT CITY COUNCIL MEETING HELD WITH THE CITY OF MINNETRISTA AND WESTONKA SCHOOL BOARD AUGUST 20 1997. Hanus, Weycker, unanimously. *1.4 RESCHEDULE COMMITTEE OF THE WHOLE MEETING FOR SEPTEMBER SUGGESTED DATE: TUESDAY SEPTEMBER 30 1997 7:30 P.M. Hanus, Weycker, unanimously. *1.5 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE CO~MMUNITIES ACT FOR CALENDAR YEAR 1998. RESOLUTION//97-74 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1998 Hanus, Weycker, unanimously. '1.6 APPROVAL OF APPLICATIONS FOR TEMPORARY ON-SALE NON-INTOXICATING PORTABLE SIGN - WESTONKA WINTERFEST NORTHWEST TONKA LIONS. Hanus, Weycker, unanimously. '1.7 CASE//97-29: VARIANCE TO IMPERVIOUS SURFACE TO ALLOW CONSTRUCTION OF DECK AT 5959 IDLEWOOD ROAD, GLEN & BRENDA ISAACSON LOT 6 BLOCK 10 THE HIGHLANDS PID .//23-117-24 42 0046. RESOLUTION #97-75 RESOLUTION TO APPROVE VARIANCE TO IMPERVIOUS SURFACE TO ALLOW CONSTRUCTION OF DECK AT 5959 H)LEWOOD ROAD, LOT 6, BLOCK 10, THE HIGHLANDS, PID 23-117-24 42 0046, P & Z CASE #97-29 Hanus, Weycker, unanimously. '1.8 CASE//97-32: RESOLUTION//97-76 Mound City Council Minutes - August 26, 1997 SETBACK VARIANCE FOR.ADDITION TIM HENDRICKSON 4773 ABERDEEN ROAD LOTS 8 & 9 BLOCK 9 DEVON PID//30-117-23 22 0072. RESOLUTION TO APPROVE A SETBACK VARIANCE FOR ADDITION AT 4773 ABERDEEN ROAD, LOT 8 & 9, BLOCK 9, DEVON, PID 13-117-24 11 0005, P & Z CASE #97-32 '1.9 Hanus, Weycker, unanimously. CASE #97-33_: RESOLUTION #97-77 SETBACK VARIANCE FOR GARAGE RUSSELL AND SANDRA BOTHERN 5943 HILLCREST ROAD LOT 66 MOUND SHORES PID # 14-117-24 42 0098_. RESOLUTION TO APPROVE A SETBACK VARIANCE FOR A GARAGE AT 5943 HILLCREST ROAD, LOT 66, MOUND SHORES, PID 13-117-24 11 0005, P & Z CASE #97-33 Hanus, Weycker, unanimously. *1.10 *1.11 CASE #97-34: RESOLUTION #97-78 SETBACK VARIANCE FOR GARAGE AND DECK STAN MIERZ EWSKI 1942 SHOREWOOD LANE LOT 12 & P/ll BLOCK 2 SHADYWOOD PO1NT PID #18-117-23 23 0014. RESOLUTION TO APPROVE A SETBACK VARIANCE FOR A GARAGE AND DECK, AT 1942 SHOREWOOD LANE, LOT 12 & P/il, BLOCK 2, SHADYWOOD POINT, PID 18-117-23 23 0012, P & Z CASE #97-34 Hanus, Weycker, unanimously. CASE//97-97-35_: SETBACK VARIANCE FOR GARAGE PATRICK BUFFINGTON 4456 RADNOR ROAD LOTS 12-15 & WI5' OF 11 & 15 BLOCK 15 AVALON, P1D #19-117-23 34 0108.. RESOLUTION #97-79 RESOLUTION TO APPROVE A SETBACK VARIANCE FOR A GARAGE, AT 4456 RADNOR ROAD, LOTS 12- 15 & W 15' OF 11 & 15, BLOCK 15, AVALON, PID 19- 117-23 34 0108, P & Z CASE #97-35 Hanus, Weycker, unanimously. 3 '1.12 CASE #97-36: Moumt City Council Minutes - August 26, 1997 SETBACK VARIANCE FOR GARAGE MIKE ZYGADLO 5043 ENCHANTED ROAD LOT6 BLOCK 20 SHADYWOOD POINT PID #13-117-24 12 0096. RESOLUTION//97-80 RESOLUTION TO APPROVE A SETBACK VARIANCE FOR A GARAGE, AT 5043 ENCHANTED LANE, LOT 6, BLOCK 20, SHADYWOOD POINT, PID 13-117-24 12 0096, P & Z CASE 1/97-36 Hanus, Weycker, unanimously. APPROVAL OF STREET LIGHT RE UEST - CORNER OF BEDFORD ROAD AND '1.13 CAMBRIDGE LANE. RESOLUTION//97-81 RESOLUTION TO AUTHORIZE INSTALLATION OF A STREET LIGHT AT THE CORNER OF BEDFORD ROAD AND CAMBRIDGE LANE Hanus, Weycker, unanimously. '1.14 APPROVAL OF DANCE AND BEER PERMITS FOR OUR LADY OF THE LAKE'S INCREDIBLE FESTIVAL SEPTEMBER 13-14 1997. Hanus, Weycker, unanimously. '1.15 PAYMENT OF BILLS. Hanus, Weycker, unanimously. 1.16 CONTINUED PUBLIC HEARING: CONDITIONAL USE PERM/T APPLICATION WESTONKA PUBLIC SCHOOLS ADDITION TO SHIRLEY HILLS ELEMENTARY CONTINUED UNTIL SEPTEMBER 23 1997. PLEASE NOTE THAT SURVEY RESULTS SHOULD BE AVAILABLE IN EARLY TO MID-SEPTEMBER SO WE WILL HAVE AN IDEA~.AS TO WHETHER OR NOT WE WILL BE PURSUING A REFERENDUM THIS The City Manager explained this is a continuance from April. At that time it was decided to continue the public hearing to certain dates upon completion of the study that was to be done on the possible renovation of the Community Center. He explained that there is a survey being done in the community by Decision Resources and that will be completed, with results available by the middle of September. The Committee has asked that the Council continue the Public Hearing until September 23, 1997, to allow the survey to be completed and results made available. Mound City Council Minutes - August 26, 1997 MOTION made by Hanus, seconded by Weyck~r to continue this Public Hearing until September 23, 1997. The vote was unanimously in favor. Motion carried. 1.17 BID AWARD: BUILDING DEMOLITION AUDITOR'S ROAD IMPROVEMENT The City Manager explained that this is the first step toward the redevelopment of downtown Mound. The following bids were received: 1. JME of Monticello, Inc. $47,815.00 2. Veit & Company, Inc. $63,395.10 The City Engineer's estimate was #77,998.00. The City Engineer is recommending the bid be awarded to JME of Monticello, Inc. as per his letter, dated August 21, 1997. This demolition project could be started by mid September. Jensen moved and Weycker seconded the following resolution: RESOLUTION #97-82 RESOLUTION TO AWARD THE BID FOR THE BUILDING DEMOLITION IN THE AUDITOR'S ROAD IMPROVEMENT TO JME OF MONTICELLO, INC., IN THE AMOUNT OF $47,815.00 The vote was unanimously in favor. Motion carried. 1.18 DISCUSSION: PROPOSED DEVELOPMENT AGREEMENT WITH NORTHERN HOSPITALITY, INC., RE: LOST LAKE INN. The City Manager explained that we have been negotiating with Northern Hospitality of Brainerd, MN who is interested in placing a hotel on the Lost Lake site. A Development Agreement has been worked out between the City and the Developer and this is what is before the Council tonight. This Agreement spells out, in a general way, what is intended to be done. The Developer will conduct a market or feasibility study on whether there is a market for this type of hotel in Mound. There is a clause to get out of this Agreement by either party. Staff is recommending approval. The City Manager reviewed the changes that have been made in the Agreement. Hanus moved and Jensen seconded the following resolution: RESOLUTION #97-83 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT WITH NORTHERN HOSPITALITY OF BRAINERD, MN. IN THE LOST LAKE AREA The vote was unanimously in favor. Motion carried. ~NS FROM CITIZENS PRESENT. Mound City Council Minutes - August 26, 1997 There were none. 1.19 DISCUSSION: SUMMONS AND COMPLAINT REGARDING WOODLAND POINT LITIGATION - WAWONAISSA AND WAURIKA COMMONS OHN DEAN CITY ATTORNEY MAY WANT TO ASK FOR AN EXECUTIVE SESSION ON THIS ITE The City Manager advised that the City has been served with a Summons as a respondent in the declaratory judgement action being petitioned by a number of residents in the Woodland Point area. The City Attorney stated the City has been served with pleadings in a lawsuit. The City being one of the many defendants in the lawsuit. He has asked for and received an extension in time to answer. The extension is for 2 weeks. This will allow the City time to engage in discussions. The City Attorney suggested that the Council go into Executive Session to discuss the background of the litigation; the City's posture and approach in formulating and preparing an answer might be; and what the issues might be that we would address in those pleadings. Councilmember Weycker removed herself from the Executive Session. The Council went into Executive Session at 7:48 P.M. They returned at 9:10 P.M. The City Attorney stated that the Council has now discussed the process to be followed in connection with the litigation. The Acting Mayor read the following statement: "The City of Mound has been named as a defendant in a lawsuit involving two commons in Woodland Point, Wawonaissa and Waurika. The purpose of the lawsuit is to determine who owns these commons and who has the right to use them. Mound is a party in the lawsuit because it owns land within the Woodland Point subdivision and because of the inclusion of the commons in Mound's public land programs for many years. At this time, Mound intends to answer the suit and pursue claims regarding the rights of the general public to use and enjoy the commons. We are having our attorney do a fact finding in order to be able to advise us, if and what to respond. It is important that all those who have been named in the lawsuit understand that Mound will not be representing them in this litigation. In fact, Mound's efforts to claim a public right in the commons may run counter to claims which owners of property in Woodland Point may wish to pursue. This litigation does involve a determination of property rights in the Commons. Mound will only be involved in the litigation to protect the public interest. All other named defendants need to be prepared to provide their own defense if they want to have an influence in how the matter is resolved. Whether or not the named defendants choose to answer and participate in the lawsuit, the outcome of the case will affect their interest in the commons." The Acting Mayor acknowledged that the City has received 2 written comments from two people who currently reside in the subdivision. She asked that anyone else who has comments or input, please submit them in writing. The Acting Mayor asked if there was anyone present who would like to speak on this issue. There was no response. The City Attorney advised that as was stated earlier the City has obtained, for its own benefit, an extension 6 Mou~l City Council Minutes - August 26, 1~97 of time to answer the complaint in this lawsuit. As a result of that extension of time, this matter will be presented again to the City Council at its next regularly scheduled meeting in two weeks. He then made it clear that this extension of time to respond only applies to the City of Mound and not the other respondents named in the lawsuit. 1.20 ADD-ON ITEM - DISCUSSION ON AREA CODE SPLIT The City Manager explained that the City is a member of the Suburban Rate Authority (SPA) which follows utility issues that affect Mound. The Public Utility Commission (PUC) has determined that there may be a need to expand the area code system in the Metro area. This can be done a number of different ways: 1.. Geographic split or 2. Overlay (this would involve dialing a ten digit number). The PUC has tabled further discussion until October. The SPA is asking all cities if they have any comments or statements they would like to submit to the PUC through the SPA. Councilmember Hanus who is Mound's representative on the SRA stated that most cities tend to favor the river split, except that will split some cities and the SRA is opposed to splitting area codes in cities. The SPA would like to maintain the integrity of city boundaries for area codes. A modified river split seems to be what is favored. The City Manager suggested that he would put this item on the next agenda to give the Council time to think about it and formulate some comments to be submitted to the PUC through the SRA. No action was taken on this item at this time. It will be discussed at the Council meeting September 23, 1997. The Council asked that this matter be discussed with the Economic Development Commission at its next meeting. iNFORMATION/MISCELLANEOUS: A. Financial Report for July 1997 as prepared by Gino Businaro, Finance Director. 'B. Information from Suburban Rate Authority (SRA) regarding Department of Public Service Area Code Split. The next joint meeting of the City Councils' of Minnetrista and Mound along with the School Board will be held Thursday, September 18, 1997, 7:00 p.m., Minnetrista City Hall. The results of the Decision Resources survey will be reviewed at that time. The City Manager advised that this is a Special Meeting of both the Cities of Mound and Minnetrista and if there is a quorum of each Council, a decision could be made at that time, on whether to go forward with the referendum or not. If a referendum was to be held, the Committee has suggested December 4, 1997, as a possible date. Councilmember Ahrens stated she would not be able to attend the September 18th Meeting and asked that the item be put be on the September 23rd Agenda. The Council agreed. Mound City Council Minutes - August 26, 1997 REMINDER: If you are interested in attending the National League of Cities (NLC) Conference in Philadelphia December 2-6, please contact Fran ASAP regarding registration. MOTION made by Jensen, seconded by Weycker to adjourn at 9:30 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk z 0 'Z Z nFrank Roos Associates, Inc. U'-~ North"----~ Plymout'---'~h, Minnesota 55447-473----~ Telephone Engineers 612/476-6010 612/476-8532 FAX Planners Surveyors September 4, 1997 Mr. Edward J. Shukle, Jr., City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound 1997 Seal Coat Program Final Payment Request MFRA #6173 Dear Ed: Enclosed is Allied Blacktop's Final Payment Request in the amount of $26,063.00 for the 1997 Seal Coat Program. The contract price for the project was $29,072.00. Because this work is fully completed, we do not recommend that any amount be retained. We have reviewed this project with Greg Skinner, your Street Superintendent and find that the work was completed in general accordance with the plans and specifications. It is our recommendation that the Contractor be paid in full for this project. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:pry Enclosure cc: Greg Skinner e:~main:\6173\shuk94 3 / ~t/~ An Equal Opportunity Employer ~ ,I,] I ,~ l, ., .... ALLIED BLAOKTOP ~:9~ lIED 15.57 FAX NO, 6124~'51046 P. 01 Sep, 3. !997 1:48P~ MCCOMBS FRANK ROOS . No, 6~8l P, 2/2 September 2, 1997 PROPOSED RESOLUTION g97- RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW AN EDUCATIONAL FACILITY, LOCATED IN THE B-1 BUSINESS DISTRICT, AT 5241 SHORELINE BOULEVARD, LOTS 7-20 & 26-35 & ALL VAC. ALLEY & PARKING AREA & PARK, BLOCK 1, PID 13-117-24 34 0072, P & Z CASE//97-38 WHEREAS, the applicant, Westonka Public Schools, has applied for a Conditional Use Permit to allow for an educational facility within the B-1 Business District, and; WHEREAS, Mound Zoning Ordinance Section 350:640 allows an educational facility as a conditional use in the B-1 Zone, and; WHEREAS, Westonka Schools plan to conduct the following functions: a preschool, early childhood family education and early childhood special education center, and; WHEREAS, the facility would serve approximately 88 children with 10 staff personnel, and; WHEREAS, the proposed facility would consist of 6,708 square feet with three exit/entry doors, one located in the front of the building and two in the rear of the building along Eden Road, and; WHEREAS, the facility would require 49 parking spaces, and; WHEREAS, City staff has met with the applicant to address the safety concerns discussed by the planning commission, and; WHEREAS, the applicant has prepared a detailed site plan to address these concerns at the guidance and input of staff, and; WHEREAS, the Planning Commission has reviewed the request and recommend approval with the approved modifications. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City Council does hereby approve a conditional use permit for an educational facility for Westonka Schools subject to the following conditions: Eden Road will be used as the primary drop-off point. During the bus drop-off, supervision will be provided to route the children into the building to avoid play Proposed Resolution September 2, 1997 5241 Shoreline Blvd. P. 2 behind the building or in the street. b. Traffic control measures to be installed in the traffic lane in front of the building to slow traffic. The size and placement of the measures shall be approved by the City Engineer. c. No parking or drop-off will be permitted directly adjacent to the sidewalk on the front of the building. This Conditional Use Permit is granted for the following legally described property: Lots 7-20 & 26-35 & All Vac. Alley & Parking area & Park, Block 1 This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember, Councilmember. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: and seconded by Mayor Attest: City Manager MINUTES OF A MEETING MOUND ADVISORY PLANNING COMMISSION AUGUST 25, 1997 WESTONKA PUBLIC SCHOOLS (ECFE), 5241 SHORELINE DRIVE, LOTS 7-20 & 26' 35 & ALL VAC ALLEY & PARKING AREA & PARK, BLOCK 1, PID 13-117-24 34 0072. Building Official, Jon Sutherland, reviewed the case. BACKGROUND: Westonka Public Schools have submitted an application for a conditional use permit to allow an educational facility in the B-1 district. The property is located at 5241 Shoreline Boulevard in the Jubilee Shopping Center which is at the corner of Shoreline and Wilshire Boulevards. The proposed office space consists of 6,708 square feet which includes the space formerly occupied by the Headliner and the space currently occupied by a printing shop. The building space will have three public entry/exit doors, one in the front of the shopping center, and two in the rear of the building along Eden Road. Westonka Public Schools plan to conduct the following functions: a preschool, and early childhood family education and early childhood special education center. This facility would serve approximately 88 children with 10 staff persons. Minute~ - Mourgt Planning Cornmi~ion August 25, 1997 The space was previously leased by the Headliner Bar and Grill. The business received a parking space variance due to the floor area and the limited number of parking spaces in the shopping center. The variance allowed the Headliner to operate with 51 spaces. As noted in the application, Westonka anticipates needing 49 spaces during the day for their operations. COMMENTS: Public education facilities are permitted in the B-1 district as a conditional use providing conditions are satisfied. These conditions which may be considered include but are not limited to the following: That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. 2. That the establishment of the conditional use will not impeded the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. 3. That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed used. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 8. The use is not in conflict with the policies plan of the City. 9. The use will not cause traffic hazards or congestion. 10. Existing adjacent uses will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. Zoning code regulations for the business relate to parking spaces. The code requires 20 spaces based on 6 classrooms and 88 students. The proposal to use 49 of the 51 spaces approved for the Headliner would exceed parking requirements. One of the primary objectives in running a daycare and preschool facility is to provide a safe environment for children to learn and interact. Meeting this objective is an issue that reaches further than the classroom walls and into the external surroundings of the site. Child care facilities will, when available, look for conflict with other businesses which could have an affect on the child care facility. Minutes. Mound Planning Commi~ion August 25, 1997 Staff concerns with the facility at this location are traffic safety related. The trips generated by the businesses in the Jubilee Shopping Center are predominantly auto related. Jubilee Foods, Domino's Pizza, Norwest Bank, and a liquor store produce a large amount of traffic. It has been observed that some cars drive through the parking area at speeds which are unsafe for the iven conditions. What needs to be addressed is how to provide protection from car and pedesgtr conflict during the drop-off and ian pick-up of children. The school indicates they will use Eden Road as a bus drop-off point. Children would exit the bus and enter the building from the rear. Presumably parents will pick-up their children in front of the building by waiting in front along the curb or parking and walking into the building. RECOMMENDATION:' Staff recommends the Commission recommend Council approval of the Conditional Use Permit with the following conditions. These conditions are intended to protect the children from interaction with vehicular traffic on the site and on Eden Road. 1. Eden Road will be used as the primary drop-off point. During drop-off, supervision will be provided to route the children into the building to avoid play behind the building or in the street. 2. Speed bumps be placed in the traffic lane in front of the building to slow traffic. The size and placement of the bumps shall be approved by the City Engineer. Chair Michael stated the format for public hearings. Staff gives their report, Commissioners comments to staff, then the public hearing opens, and interested citizens can then speak. Commissioner Questions Reifschneider asked if the printing shop was leaving. Sutherland responded yes to the question. Larson Printing is purchasing and relocating on other property within the city. Clapsaddle inquired if there were requirements for outdoor recreation space? Sutherland stated not from the building code stand point. Looby stated that since parents are on cite that this facility , the main focus is on parent education and that a playground is not required. There will be preschool education on site and it would be desirable to have a outdoor playground but its not required. For the Commissions information, this site is not first choice. It is second choice since the Shirley Hills project is on hold. The Community Center is in dire need of repairs and it is not safe to hold classes there anymore. SUtherland stated that from a school board perspective that this is a temporary site for their educational needs. Saliterman didn't agree with the term temporary. He said the School District is signing a long Minutes - Mound Planning Commission August 25. 1997 term lease and is going to be spending well over $150,000 to do improvements. Looby stated they have agreed on a five year lease at this point. Included is a clause in the lease to be able to leave after two years. It could be a 2 year venture or a 20 year, it just is not clear at this point. It's the schools desire to hold classes on school grounds. He reiterated the condition of the Community Center. This location would also hold adult learning classes, alternative school children classes. Being on a school site is not a current option for them right now. Weiland asked if we spend $100,000 now, how much would we put into it in ten years? Looby stated that the lease arrangement was favorable. The $100,000 dollars would cover getting the building up to code to house an educational site. Chair Michael asked Sutherland or Hanus to update the Commission on the status of the Community Center. Hanus stated that the City Councils of Mound, Minnetrista as well as the School Board continue to meet on a fairly regular basis. The current estimates have come in and they are substantial enough that the task force felt it was too big of a decision to make on the Council behalf alone. They chose to do a very abbreviated survey of the communities involved in the school district. Results should be in the second week of September. The next task force meeting will be mid-September. They then will get a report from the professional surveyor as to the results of survey, what it means, how it is analyzed, things of that sort. If the results are of the type that would require a referendum then that is what would happen. There are measures within the survey to determine how informed the respondent is. Referendum if it happens hoped to take place in November or December. It takes about 60 days to put a referendum together. This survey is suppose to be within a 5 % accuracy rate. Reiterate, the figures have been posted a number of times in the paper. Salitennan asked what figures that were being talked about to renovate the Community Center. Hanus stated there are some base numbers and then there are some options. He directed the question to Mark Thiede, the Architect for ECFE, he stated the base number is slightly over $5 Million and the total project is about $9.1 Million. Hanus stated that if the project came back on a positive note, with all that is involved with the renovation, the earliest start date would probably be next summer or even late summer. Clapsaddle stated the Commission was not sticking to the issue of the conditional use permit. Would like to make a motion for approval. Chair Michael stated that the Commission got a little bit ahead of ourselves. Asked for any more questions of staff. Hanus inquired on whether this type of use should be located so close to a liquor store. There is not a ordinance against it. He also inquired about the traffic in front of the building. Looby stated that the minibuses would be entering and exiting on Eden Road. The only traffic in the front should be that with parents escorting their children. Sntherland stated that directly in front Minutes- Mound Planning Commission August 25, 1997 of the building there may be a fu'e lane. Reifschneider raised the question of parking spaces. Expressed concern that there would not be enough spaces if all the parents were there at once. Sandy Wing, Program Coordinator for ECFE, stated that during the week in the morning most students arrive on the bus. Most of the traffic occurs in the morning. Possibly 3 nights a week with less traffic, and occasionally on the weekends with a few cars maybe 8 or so. Chair Michael opened the floor up to the public. Saliterman stated that there is additional parking on the east side of the building by the liquor store were staff could park. Clapsaddle questioned if there was enough parking for the school. Sutherland stated that according to the planners report they have more parking than they need. Weiland pointed out that Headliners had a variance for parking spaces. Saliterman explained the proposed improvements, he is going to rebuild the front of the building, new doors, hvc units, ceiling tiles. This money would be spent whether the schools or some other retail goes into the space. He is paying all expenses in the building one hundred percent. He has calculated the schools rent accordingly. Christine Fitz, 2440 Avon Drive, a concerned parent, the building that the ECFE is currently in is very unsafe. The classrooms are falling apart. She would like to see this proposed site approved. Chairman Michael closed public hearing. Weiland made spelling corrections on page 14 of the packet. The "bee" has been changed to "been", the "non" has been changed to "none". He expressed concern with the state or city allowing the school to be placed next to a liquor store. He also expressed concern with the traffic that goes through the parking lot. He cannot vote yes for this. He would really like to see this site back on the school property. He is really concerned about the children's safety. Burma stated that he couldn't see anything in the permit in violation with the conditional use permit. The safety issue is a concern. He understands the situation the school is faced with and expressed support of the conditional use permit. Glister had a question for Mike Looby. She asked if they had investigated any sites outside of Mound. Looby stated that they did look at other sites, one was the Freshwater Biological Institute in Navarre. They are looking at that site for adult classes. It could not be used for child education, the Institute does not have handicap accessibility, or an elevator, it lacks a sprinkler system, the building is 25 years old. The school does have to stay within the school district area. Reifschneider stated that he feels that this is the wrong building for children. There is a lot of Minutes - Mound Planning Commi~ion August 25. 1997 traffic coming and going from this area. It is a commercial district. He would be opposed also if a karate school would want to go into the same site. Chairman Michael questioned that if the Conditional Use Permit could have a time constraint of less than one year be written into the conditions. Sutherland stated that there have been renewal requirements in the past, and it would have to be researched. Hanus asked if there was any provision in recommendation to restrict the drop off area in the from of the building that was discussed earlier, in addition to the safety issue. Sutherland said it could be added. He suggested the applicant could also address this issue. Hanus stated that he would like to make a recommendation to the issue. On page 15 under the recommendation section of the staff, add item number 3. Stated as, "No parking or drop off will be permit-ted directly adjacent to the sidewalk on the front side of the building." Saliterman expressed that everyone is concerned with safety. He recommended that the city staff, school board, and himself work on a safety plan. Possibly adding stop signs, adding panic doors, speed bumps, or other safety items. Clapsaddle feels that the exit could be moved to the side of the building instead of facing the street. Looby stated that other school districts have done the same thing in their school districts. It provides a non-threatening environment for adults and parents to come for parent education. The school would like to have this on a school site but right now there is not a site available and they have immediate needs. Clapsaddle in looking over the site plan, feels that the school should review the site plan and maybe come up with a better design. Chairman Michael stated that there is a daycare on Highway 12 that does real well. He can't see that this proposal will be a long term one. MOTION by Clapsaddle, seconded by Burma, to recommend approval for a Conditional Use Permit. Chairman Michael added item//3 on page 15, "No parking or drop off will be permitted directly adjacent to the sidewalk on the front side of the building." Clapsaddle also added that there should be a reevaluation of the plan by city staff and the applicant to look for higher safety factors. Chairman Michael asked the seconder to concur with the amended motion, Burma concurs. The vote was called, the motion carried 5-2, Weiland and Reifschneider opposed. Minutes. Mound Planmng Commi~on August 25. 1997 Hanus strongly suggested that if any safety issues are addressed that they should be done before the City Council meeting. This case will go to City Council September 9, 1997. PLANNING REPORT RECEIVED .-~,_,~ 7 ~ TO: Mound Planning Commission and Staff FROM: Loren Gordon, AICP DATE: August 25, 1997 SUBJECT: Conditional Use Permit APPLICANT: Westonka Public Schools - 5600 Lynwood Boulevard OWNER: Mark Siliterman - 4301 Highway 7, Ste 100, St. Louis Park CASE NUMBER: 97-38 HKG FILE NUMBER: 97-5w LOCATION: 5241 Shoreline Boulevard EXISTING ZONING: Central Business (B-l) COMPREHENSIVE PLAN: Business BACKGROUND: Westonka Public Schools have submitted an application for a conditional use permit to allow an educational facility in a B-1 dlstrict. The property is located at 5241 Shoreline Boulevard in the Jubilee Shopping Center which is at the comer of Shoreline and Wilshire Boulevard. The proposed office space consists of 6,708 square feet which includes the space formerly occupied by the Headliner and the space currently occupied by a printing shop. The building space will have three public entry/exit doors, one in the front of the shopping center, and two in the rear of the building along Eden Road. Westonka Public Schools plan to conduct the following functions: a preschool, an early childhood family education and an early childhood special education center. This facility would serve approximately 88 children with 10 staff persons. The space was previously leased by the Headliner Bar and Grill. The business received a parking space variance due to the floor area and the limited number of parking spaces in the shopping center. The variance allowed the Headliner to operate with 51 spaces. As noted in the application, Westonka anticipates needing 49 spaces during the day for their operations. COMMENTS: Public education facilities are permitted in the B-1 district as a conditional use providing conditions are satisfied. These conditions which may be considered include but are not limited to the following: That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. p. 2 Westonka Conditional Use 2. That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the 3. That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. 4. That adequate measures have bee0or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. 5. That adequate measures have beePor will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that nontof these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 8. The use is not in conflict with the policies plan of the City. 9. The use will not cause traffic hazards or congestion. 10. Existing adjacent uses will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. Zoning code regulations for the business relate to parking spaces. The code requires 20 spaces based on 6 classrooms and 88 students. The proposal to use 49 of the 51 spaces approved for the Headliner would exceed parking requirements. One of the primary objectives in running a daycare and preschool facility is to provide a safe environment for children to learn and interact. Meeting this objective is an issue that reaches further than the classroom walls and into the external surroundings of the site. Child care facilities will, when available, look for sites which lend a certain degree of shelter from neighboring uses. This reduces the chances for conflict with other businesses which could have an affect on the child care facility. Staff concerns with the facility at this location are traffic safety related. The trips generated by the businesses in the Jubilee Shopping Center are predominantly auto related. Jubilee Foods, Domino's Pizza, Norwest Bank, and a liquor store produce a large amount of traffic. It has been observed that some cars drive through the parking area at speeds which are unsafe for the given conditions. What needs to be addressed is how to provide protection from car and pedestrian conflict during the drop- off and pick-up of children. The school indicates they will use Eden Road as a bus drop-off point. Children would exit the bus and enter the building from the rear. Presumably parents will pick-up their children in front of the building by waiting in front along the curb or parking and walking into the building. RECOMMENDATION: Staff recommends the Commission recommend Council approval of the Conditional Use Permit with the following conditions. These conditions are intended to protect the children from interaction with vehicular traffic on the site and on Eden Road. :316(a p. 3 Westonka Conditional Use Eden Road will be used as the primary drop-off point. During drop-off, supervision will be provided to route the children into the building to avoid play behind the building or in the street. Speed bumps be placed in the traffic lane in front of the building to slow traffic. The size and placement of the bumps shall be approved by the City Engineer. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0~20 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 97-38 NOTICE OF A PUBLIC HEARING TO CONSIDER THE APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR WESTONKA SCHOOLS DISTRICT TO ESTABLISH E.C.F.E. LOCATED WITHIN THE B-1 ZONING DISTRICT AT $241 SHORELINE DRIVE LOTS 7-20 & 26-35 & ALL VAC. ALLEY & PARKING AREA AND PARK, BLOCK 1, PID 13-117-24 34 0072, P&Z 97-38 NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Monday, ~7 to consider the approval of a conditional use permit to allow for Westonka Schools to establish Early Childhood Family Education (E.C.F.E.), located within the B-1 Business Zoning District. This business is allowable within the B-1 Business Zone through Conditional Use Permit. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Linda Strong, Planning Secre61~-y Mailed to property owners within 350 feet of affected property by August 13, 1997 Published in the Laker August 15, 1997. peinted on recycled pal~r Jj I Rev. I.~9-97 Application for CONDITIONAL USE PERMIT City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 PAiD JUL 3 1 1997 CiTY OF MOUND Planning Commission Date: City Council Date: Conditional Use Permit Fee: $250.00 IDistribution: City Planner: City Engineer: Public Works: Other: Fire Dept. Please type or print the following information: PROPERTY INFORMATION LEGAL DESCRIPTION Subiect Address 5229-5271 SHORELINE BLVD. & 2324-2330 WILSHIRE BLVD. Name of Business Westonka Public Schools Lot7 thru 20 inc~ also Lots 26 thru 35 Block 001 Plat# mD# 13-117-24-34-0072 Subdivision ~ APPLICANT owner X other: ~ennant The applicant is: ~ Name__ Westonka Public Schools (ISD ~t277) Address_ 5600 L_~nwood Boulevard Phone (H) {W) 491-8003 IM) %lame Mark A. Siliterman OWNER Jif other than applicant) Address 4301 ~Suite 100 St. Louis Park, MN 55416 Phone {H) 544-5937 (W) 920-8282 Name TSP/Eos 21 Water Street, Excelsior, MN 55331 Address_ Phone (H)_ (W) 474-3291 ;ircle: R-1 R-lA R-2 R-3 (~ 8-2 B-3 ARCHITECT, SURVEYOR, OR ENGINEER ZONING DISTRICT CHANGE OF USE FROM: B-1 TO: Educational Facility in B-1 Conattional Use Permit Application Page 2 D~criptionofProposedUse: The project consists of a 6,708 square foot space in an existing retail deve_~loment. The~ace will hold school district functions including: Preschoo[,Ea_~_~y_childhood Famil_Z Education and Early Childhood Special Education. A____~pproximately 10 staff will work at the facility and the programs will serve approximately 88 children. EFFECTS OF THE PROPOSED USE: Listimpac~ theproposed use willhaveon property in thevicinity,~cluding, but notlimited to ~affic, noise, light, smoke/odor, park~g, and describe thestepstakentomitigateoreliminate theimpacts. It is anticipated that approximately 49 parking spaces will be used buring the da . As indicated in Resolution #93-15 the former occu ant needed 51 s_i!aces and was approved based on that number of parking stalls, therefore the 49 spaces anticipated will have no impact. Eden Road will be impacted minimally by its use as a bus drop off area because it is currently used as a service drive b~enants of the shopping plaza. 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: $ Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? tOlyes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Resolution # 93-15 Granting a Conditional Use Permit on 1/26/93 This application must be signed by all owners of the subject property, or an explanation given why this is not the case. Pamela Myers Print Applicant's Name Date Print Owner's Name Owner's Signature Date Print Owner's Name Rev. 1/29/97 61 o Owner's Signature Date Eos Architects and Engineers Offices in Rochester and Minneapolis, MN TSP/Eos 21 Water Street Excelsior. MN 55331 FAX (612) 47,$-3928 TEL (612) 474-3291 Member of TSP Group: Rochester. MN Minneapolis. MN Denver. CO Gillette. WY Rapid City. SD Sheridan. WY Sioux Falls. SD Marshatltown. IA TRANSMITTAL DATE: July 31, 1997 TO: City of Mound 5341 Maywood Road Mound, Minnesota 55364 ATTN: Building Official RE: Westonka Public Schools Early Childhood Space Plan TSP/Eos # 97731 WE ARE SENDING: ( X ) HEREWITH ( ) UNDER SEPARATE COVER FOR YOUR: ( ) USE ( ) FILES ( ) INFORMATION (X) APPROVAL _QTY DATE DESCRIPTION 1 08-01-97 1 07-31-97 1 07-30-97 1 01-26-93 1 05-05-92 1 08-08-95 Check for Application Fee Conditional Use Permit Application Certified Property Owner's List and Labels Copy of Resolution # 93-15 (Headliners Bar and Grill) Copy of Conditional Use Permit for Headliners Bar and Grill Copy of Resolution # 95-77 (Norwest Bank) REDUCED SIZE DRAWINGS (8-1/2" x 11") 1 07-31-97 CUP-1 Site Plan 1 07-31-97 CUP-2 Floor Plan 2 07-31-97 Supplemental Site Plans FULL SIZED DRAWINGS (24" x 36") 3 07-31-97 CUP-1 Site Plan 3 07-31-97 CUP-2 Floor Plan REMARKS: Please refer to the enclosed Resolution # 95-77.reguarding hardcover calculations. SIGNED: An Equal Opportunity, Affirmative Action Employer TRANSMITTED BY: ( ) FED EX ( ) MAIL ( ) MESSENGER ( X ) HAND DELIVER ( ) MODEM COPIES TO Mike Looby, Westonka Public Schools File OOl , I I £Z <'o z (o5) ......... ~o9l o'9 99 ,"----"¢- January 26, 1993 RESOLUTION %93-15 RESOLUTION TO APPROF~ A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A CLASS III RESTAURANT FOR -HEADLINERS BAR & GRILL~e IN THE B-1 CENTRAL BUSINESS ~ONIN~ DISTRICT AND A PARKING VARIANCE AT 5241 SHORELINE DRIVE LOT8 7 THROUGH 20 AND LOTS 26 THROUGH 35 INCLUSI~ BLOCK 1, SHIRLEY HILLS UNIT F, PID %13-117-24 34 0072 P&Z CASE %93-071 WHEREAS, Applicants, Bill Feehan for Headliners Bar & Grill, Inc., and owner, Mark A. Saliterman, have applied for a Conditional Use Permit to allow the operation of a Class III Restaurant at 5241 Shoreline Drive, and; WHEREAS, The Mound zoning Ordinance defines a Class III Liquor Service Restaurant as: ,,Restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded. Food sales in such facilities shall account for a minimum of 50 percent of a restaurant's gross receipts on an annual basis." WHEREAS, The subject property is located in the B-1 Central Business zoning District which allows Liquor Service Restaurants by Conditional Use Permit, and; WHEREAS, In 1985 a Conditional Use Permit was issued to Captain Billy's with a seating capacity of 157 people, this application calls for an operation which is very similar to the former use with a proposed seating capacity of 154, and; WHEREAS, A total of 51 parking spaces are required for the proposed Headliners Bar and Grill based on the standard of one parking space per 3 seats. The total required parking for the shopping center is 194. The shopping center has 158 existing parking spaces, therefore a parking variance of 36 spaces needs to be recognized. Unimproved, overflow parking exists immediately east of the shopping center, and; WHEREAS, The proposed operation is expected to be compatible with the surrounding land uses since the site was formerly used as a restaurant/bar and apparently no major problems occurred, and; WHEREAS, The Planning Commission has reviewed the application and unanimously recommended approval with conditions. Z0 January26, 1993 ~OW, ~ER~FOR~, B~ I?RESOLVED by the City Council of the City of Mound, Minnesota, as follows: 1. The City Council approves the Conditional Use Permit and parking variance for Headliners Bar and Grill to allow operation of a Class III Liquor Service Restaurant at 5241 Shoreline Drive, contingent upon the following conditions: A. All code compliance items as required by the Building Official and all conditions required by Hennepin County are met and completed prior to occupancy. B. One Sewer Availability Charge of $750.00, as determined by the Metropolitan Waste Control Commission, must be paid prior to occupancy. C. The dumpster enclosure at the rear of the building will be in conformance with City Code requirements currently in effect at this time. This Conditional Use Permit is granted for the following legally described property: That part of Certificate No. 474801: Lots 13 to 20 inclusive, Block 1, together with the North Half of the adjoining vacated alley lying between extensions across it of the East line of Lot 13 and the West line of Lot 20 and the vacated park and parking area vacated lying North of said Lots between the East line of LOt 13 and the West line of LOt 20, and Lots 26 to 33 inclusive, Block together with the vacated alley lying between Lot 31 and Lots 26 to 30 inclusive, Block 1 and the South Half of the adjoining vacated alley lying between extensions of the East line of Lot 33 and the West line of Lot 31, Block 1, also the vacated alley lying between Lots 18 and 19, Block 1, lying between extension across it of the North and South lines of said LOt~ 18 and 19 and the South Half of vacated alley adjoining Lot 26 lying betwee~ the East line of Wilshire Drive and t extension of the West li ~ ~ ~ ....... he Northerly n~ v~ ~ ~ an~ the North Half of the vacated alley adjoining Lots 21 to 25, Block 1, lying between the southerly extension of the East line of said Lot 21 and the East line of Wilshire Drive, Block 1, all in Shirley Hills, Unit F, files of the Registrar of Titles, Hennepin County, Minnesota. ALSO That part of Certificate No. 580443: Lots 21, 22, 23, 24, and 25, Block 1, and that part of the parking area vacated lying West of the northerly extension of the East line of said Lot 21, all in Shirley Hills, Unit F, files 21 January 26, 1993 of the Registrar of Titles, Hennepin County, Minnesota. ALSO That part of Certificate No. 474801: Lots 7 through 12, inclusive, Block 1, together with the North Half of the adjoining vacated alley lying between the extensions across it of the East line of Lot 7 and the West line of Lot 12 and the vacated park and parking area vacated lying North of said Lots between the East line of Lot 7 and the West line of Lot 12; and Lots 34 and 35, Block 1 and the South Half of the adjoining vacated alley lying between extensions of the East line of Lot 35 and the West line of Lot 34, Block 1, all in shirley Hills, Unit F, according to the plat thereof, files of the Registrar of Tiles, Hennepin County, Minnesota. 3. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. 4. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember Smith and seconded by Councilmember Jessen. The following voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following voted in the negative: none. ~~,...~~~ Mayor ~ ~ Attest: City Clerk 22 RESOLffrION ~93-_J~ HENNEPIN I~ItIBIT B COMMUNITY HEALTH DEPARTMENT p. ~ o~ ~ ENVIRONMENTAL HEALTH MANAGEMENT GROUP Suite 2'15 '10'1 '1 Soulh First Streel Hopkins, Minnesota 55343-94'13 Telephone: [6'12) 935-'1544 · FAX [6'12 93'1-9509 November 6, 1992 Mr. Bill Feehan PO Box 65 Spring Park, MN 55384 Dear Mr. Feehan: RECEIVED N0Y 9 1992 Re: 5241 Shoreline Drive Mound, MN (formerly the Jock Club) On October 23, 1992,an inspection was made at the above location by Roger Carlson, Debra Anderson,and Paul Sivanich. The restaurant has been closed since June 30, 1990. If it were to be reopened it would need to be brought into compliance with Hennepin County Ordinance 3, Food Protection. This would require remodeling to correct all violations, including the following: KITCHEN e There is no functioning make-up air system. An approved make-up air system must be provided. The exhaust hood does not fit the space or the equipment, has been cut and soldered together, and does not appear to have worked from the condition of the walls and the ceiling. It must be replaced. The fire extinguishing system in the hood is not properly installed and obviously has not been serviced. It must be replaced with an approved system. The ceiling is in poor condition, improperly installed, and too high to facilitate proper lighting. A smooth cleanable ceiling at an appropriate height must be provided. The light level is inadequate. At least 70 foot candles must be provided on all food contact surfaces, at least 20 foot candles in storage areas, and 30 foot candles in all other areas. All lights must be shielded. 23 HENNEPIN COUNTY on equol oppodunlty employer "~E$OL1ZIH~ON ~93- I ~' Mr. Bill Feehan November 6, 1992 Page 2 EXHIBIT p. 2 of 4 The wall panels were not properly installed and therefore are coming off. The wall panels are stained and discolored from grease. They must be removed and cleaned or replaced with properly installed panels. The stainless steel panel behind the cooking equipment is not properly insulated or installed. This must be corrected. The Silver King open top cooler does not meet current standards and must be removed. The single door Beverage- Air unit has a chipped bottom and must be removed. The two door Beverage-Air unit has broken gaskets, which must be replaced. The floor is filthy, especially in the grout lines. must be cleaned in order to be evaluated. It The fryer is very old and not up to current standards of cleanability. It must be removed. The range is on legs, not casters. Ail cooking equipment must be mounted on casters and installed with flexible gas lines and quick disconnects. 10. The prep tables are in poor condition. table, covered with a stainless steel top. removed. One is a wood Both must be 11. All domestic equipment must be removed, including the Toshiba microwave and the domestic toaster. 12. The handsink is porcelain and is adjacent to the prep sink. It must be replaced with a stainless steel handsink and a splash guard installed to protect food on or in the prep sink. STOREROOM 13. The lights were not shielded. Shields or shatterproof bulbs must be provided. A light level of at least 20 foot candles must be provided. 14. The walls are in poor condition and there is at least one hole. They must be repaired and painted. 15. The wood shelves are not approved and must be removed. 16. The floor tiles are broken and must be replaced. 17. The ceiling is cracked and must be repaired. RESOLUTION ~93-.._~ Mr. Bill Feehan November 6, 1992 Page 3 EXIIIBIT B P- 3of4 BAR BACK ROOMS 18. The Superior beer cooler does not meet standards and must be removed. 19. If these areas are to be used for any kind of storage, they must be upgraded to have cleanable approved walls, floor and ceiling, and adequate, shielded lighting. Approved shelving must be provided and the wood platform removed. 20. The metal table by the back door needs a new top if it is to be used. 21. The room with the janitor sink must be provided with cleanable durable walls such as frp. A hard cleanable durable floor, such as quarry tile must be provided in that area. Shelving must also be provided for chemical storage. 22. 23. The janitor sink must be provided with a backflow preventer, if one is not already installed. There is a large amount of junk stored in the room behind the toilets. This must be removed, along with all unnecessary items. 24. The back bar is not acceptable, having a hollow enclosed base and rfp-covered shelves. It must be replaced with an approved back bar. 25. There is no approved underbar lighting. It must be provided. There is also inadequate area light for cleanup. This must also be provided. 26. The ice bins do not have integral cold plates and drop-in cold plates are not allowed. If ice is used to cool the soda lines, new ice bins are required. 27. The beer coolers sit on the floor. They must be installed on 6-inch legs or on casters. 28. There are broken floor tiles and ~roken and missin~ basecove tiles, both behind and in zront of the bar.- Ail broken and missing tiles must be replaced. A curved basecove must be provided in all areas. RESOLUTION ~93-.=~ EXHIBIT p. 4of4 Mr. Bill Feehan November 6, 1992 Page 4 29. The plumbing is exposed along the bar. All plumbing an4 electrical conduits must be built into the walls or bar. 30. There are extension cords running all over the bar and dining area. The electrical service must be upgraded to be adequate for all needs of the establishment. 31. There is less than 3 feet between the barsink and the backbar. At least a 3 foot clearance must be provided. 32. The cabinets in the area formerly used for pulltabs have enclosed bases and must be replaced. 33. There is a wood enclosure above one end of the bar, which is full of Junk. This must be eliminated. 34. The ceiling in the dining area is falling down. It must be replaced or repaired. A smooth flat ceiling must be provided in the bar. 35. The exhaust fans in the toilet rooms do not appear to be working. They must be repaired or replaced. A complete plan, including the proposed menu must be submitted and approved prior to beginning any remodeling. If you have any questions, call me at 935-1544. Sincerely, RoFg~e~ H. Carlson Program Supervisor CC: J0N SUTHERLAND , CITY OF MOUND H£NN£PIN COMMUNITY HEALTH DEPARTMENT '~.-±E'm, ~627 ENVIRONMENTAL HEALTH MANAGEMENT GROUP Suile 2 t 5 10ti Soulh Firsf Slreel Hopkins, Minnesola 55343-9413 Telephone: (612) 935-1544. FAX [6t2 93t-9509 January 25, 1993 RECEIVED Mr. Bill Feehan P.O. Box 65 Spring Park, MN 55384 JAN 2 6 1993 IMOLIND PLANNING & INSP. RE: Headliners Bar & Grill Dear Mr. Feehan: I have done a preliminary review of the plan you submitted Headliners Bar and Gill in Mound. The plan does not meet for requirements of Hennepin County Ordinance 3 in several respects the · and is rejected The following items must be corrected before it can be approved: No plan review fee has been submitted· This fee is one and one-half times the license fee or $545. The plan is incomplete. We need complete information about all new equipment, including make and model number and manufacturer,s cut sheets, and installation information regarding the cooking equipment. We need a finish schedule for all walls, floors, ceilings and information about lighting· We need a complete bar plan, showing all equipment, plumbing and surfaces· We need complete information regarding the wal Incomplete ~lumbin- : ..... k-in cooler· · ~ ~ ~n~ormatlon is shown r ' dish machine and the nro~os~ ..-,,- · .egardlng the need complete informa~_~_'_~__~x~7~n ~ooler. We also · ~,, ~=9~rolng t~e hot water heater. The existing hood is not approved for use. replaced. It must be A hood must be provided for the dish machine. There is no coffee or water station shown on the plan. Where will these be located? A splash guard is needed between the handsink and the prep sink. %('7,o Adequate approved shelving or carts must be provided in the kitchen for the storage of clean dishes and utensils· HfNNfPIN COUNI¥ on equal opportunity employer Mr. Bill Feehan January 25, 1993 Page 2 10. 11. 12. 13. 14. Where will salads and dressings be kept? Will the waitstaff be using the cold rail by the grill to dress salads? Since there is no three compartment sink, all dishes and utensils must be sized so as to be effectively cleaned by the dish machine. Will the kitchen close if the dish machine breaks down? Where will the ice cream be served? dipperwell shown on the plan. There is no There is no freezer by the fryer. Will the cook be walking over to the reach-in freezer every time someone orders french fries? The doorway between the kitchen and the storeroom is at the wrong end. Provide an opening at the other end across from the entrance to the back rooms. Eliminate the entrance by the front. Do not install a door between the kitchen and the storeroom. The location of the walk-in cooler cannot be approved both because it is not convenient to the kitchen and because there is no floor drain in the area. Relocate to the area behind the kitchen. Provide approved cleanable surfaces on the walls, floor and ceiling of the general storage area behind the kitchen and adequate approved shelving for whatever is to be stored there. Provide shielded lighting of at least 20 foot candles. A completed and revised plan must be submitted before any approvals can be given. If you have any questions, call me at 930-2769 or Debra Anderson at 930-2779. Program Supervisor cc: Mark Saliterman ~,-City of Mound, Building official I-71 revised 5/5/92 Application for CONDITIONAL USE PERMIT City of Hound 5341 Hal/wood Road, Hound, ~ 55364 Phone: 472-0600, Fax: 472-0620 Pla.nin , co ls.io. Oat.: 12--14-q'Z City Council Date: Copy to City Planner= Copy to City Engineer= Copy to Public Works: Other: Conditional Use Permit Fee:0_~_Q~_~__.0 Zoning Sheet Completed: Please type or print the' following information: Address of Subject Property. 5241 Shoreline Dr. Owner'sName Mark A. Saliterman Day Phone 92 Owner'sAddress 4301 Highway 7 STE 100, St. Louis Park, MN ~5416 Applicant,s Name (if other than owner) Headliners Bar & Grill, Inc. 4301 Highway 7 STE t/100, St. Louis Pk, MN_ ,O. O~ ~ ~,~ or ---uayPhone 920-8282 N/A ' '~~ Day Phone N/A Block 001 PIDNo. 13-117-24 34 0072 Address Name of Surveyor: LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lot 7 thru 20 incl also lots 26 Addition Shirley Hills Unit F gonin~istrict B-1 ExistingUseofProperty: Shopping Center - Bar and Restaurant Name of Proposed Use as Listed in the Zoning Code: Liquor service restaurant - Class II Description of Proposed Use: Restaurant and Bar mmmm~ ~ TRR PgOPOSED USE: List impacts the proposed use will have on property in the RESOLUTION ~95-77 RECF_IVED RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A DRIVE-IN BANKING F]%CILITY IN THE B-1 C~Ti'RAL BUSINESS ZONING DISTRICT ~%T 5211 SHORELINE DRIVE LOTS 7 - 20 & 26 - 35, PID ~13-117-24 34 0072 P&Z CUE ~95-19 WHEREAS, Mark A. saliterman, owner of the subject property, has applied for a Conditional Use Permit to allow the operation of a Drive-in Banking Facility for a new free-standing Norwest Bank building in the parking lot area of Shoreline Plaza, next to Hardee' s Restaurant, and; ~REAS, ~e subject property is ...... d in the B-! ~e~e~=~ Business Zoning District which allows .Drive-in Retailing Establishments" by Conditional Use Permit, and; WHEREAS, the Mound Zoning Ordinance defines ,,Drive-in" as, "Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided with a building, and; WHEREAS, Mound Zoning Ordinance Section 350:775 sets standard for drive-in businesses in all districts, and; WHEREAS, the proposed bank will contain approximately 3,600 square feet and will have a drive-in facility that includes 4 teller lanes and 1 ATM lane, and; WHEREAS, requested variances include parking space count and space size, sign placement, impervious cover, and distance between drive-in facilities and residential uses, and; .W~_~__R E.%S, parking for the entire center needs to be considered. The site plan identifies a total of 176 parking spaces which is approximately 84% of the required parking amount. The present mix of uses in the Shoreline Plaza shopping center can probably be reasonably serviced by 176 parking spaces, and; WHEREAS, an impervious surface coverage variance; to increase from 88% to 98% (approximately), and; WHEREAS, Sign variance. In this case, the property has an extended frontage along County Road 15 and adequate space exists to accommodate the proposed Norwest sign in addition to the relocated shopping center sign, however, since the applicant has not provided any further details, it is assumed that the signs will conform to the City's height, area and setback criteria, and; 170 /73 August 8, 1995 W~, Rite Away Oil is located on a separate parcel so their sign is separate, and; , ~, the Planning Commission has reviewed the request and ~/~ani~ously recommended approval, with the conditions, recommended by staff. NOW, THERF~ORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City Council does hereby approve a Conditional Use Permit to allow the operation of a Drive-in Banking Facility and variances pertaining to parking, impervious cover, the placement of two freestanding signs along 1 street frontage, a/~d the electronic devices setback for a new free-standing Norwest Bank building to be located in the parking lot area of Shoreline Plaza, next to Hardee,s Restaurant, subject to the following conditions: The applicant shall prepare the following plans for review and approval by the City Engineer and City Planner: l) Modified Site Plan - The plan shall contain a revised layout that depicts the expansion of the bank drive-in entrance aisle, the expansion of the concrete islands and the resulting modification of the new parking lot east of the existing grocery store. Grading, Drainage and Erosion Control Plan - The plan shall contain existing and proposed contours depicting all grading and identify all required retaining walls. The plan shall also identify storm sewer modifications and improvements and include a copy of all stormwater calculations. Erosion control measures shall also be included. %andscaping Plan - The plan shall shew the installation of landscaped island areas edged by poured-in-place curb and gutter in all parking lot islands shown on the site plan with the exception of the islands on either end of the 4 parking spaces on the west side of the site adjacent to Rite Away Oil Change. Landscaping shall also be shown around the bank building, in the sod island area separating Norwest Bank from the shopping center, and along the existing grass boulevard areas abutting County Road 15 and Wi!shire Boulevard. Plant material quantities and sizes shall be in conformance with the standards identified in Section 350'725 of the Mound Zoning Code. ' 2. 4) Lighting Plan - The plan shall conform to Zoning Code Sections 350:775 and 350:730. B. Grading, drainage and erosion control plans shall be reviewed and approved as conditioned by the Watershed D istr ict. C. With the exception of the placement variance for the two freestanding signs along one street frontage that is granted herein, all signage shall comply with the Mound sign ordinance. The signs will conform to the City's height, area and setback criteria. D. Construction of all improvements shall be in conformance with all local, state and federal ordinance and permit requirements. E. The applicant shall complete and submit the required variance application form including corresponding fees prior to the time that this case is heard by the Mound city Council. F. The applicant shall have a qualified land surveyor complete the required impervious cover calculation form and submit it to the City prior to the time that this case is heard by the Mound City Council. This Conditional Use Permit is granted for the following legally described property: That part of Certificate No. 474801. Lots 13 to 20 inclusive, Block 1, together with the North Half of the adjoining vacated alley lying between extensions across it of the East line of Lot 13 and the West line of Lot 20 and the vacated park and parking area vacated lying North of said lots between the East line of parking area vacated lying North of said lots between the East line of Lot 13 and the West line of Lot 20, and Lost 26 to 33 inclusive, Block 1 together with the vacated alley lying between Lot 31 and Lots 26 to 30 inclusive, Block i and the South Half of the adjoining vacated alley lying between extensions of the East line of Lot 33 and the West line of Lot 31, Block 1, also the vacated alley lying between Lots 18 and 19, Block 1, lying between extension across it of the North and South lines of said Lots 18 and 19 and the South Half of vacated alley adjoining lot 26 lying between the East line of Wilshire Drive and the Northerly extension of the West line of Lot 31 and the North Half of the vacated alley adjoining Lots 21 to 25, Block 1, lying between the southerly extension of the East line of said Lot 21 and the East line of Wilshire Drive, Block 1, all in Shirley Hills, unit F, files of Registrar of Titles, Hennepin County, Minnesota. ALSO '172 August 8, 1~$ That part of Certificate No. 580443. Lots 21, 22, 23, 24, a~d 25, Block 1, and that part of the parking area vacated lying West of the northerly extension of the East line of said Lot 21, all in Shirley Hills, Unit f, files of the Registrar of Titles, Hennepin County, Minnesota. ALSO That part of Certificate No. 474801. Lots 7 through 12, inclusive, Block 1, together with the North Half of the adjoining vacated alley lying between the extensions across it of the East line of Lot 7 and the West line of Lot 12 and the vacated park and parking area vacated lying North of said Lots between the East line of Lot 7 and the West line of Lot 12; and Lots 34 and 35, Block 1 and the South Half of the adjoining vacated alley lying between extensions of the East line of Lot 35 and the West line of Lot 34, Block 1, all in Shirley Hills, Unit F, according to the plat thereof, files of the Registrar of Titles, Hennepin County, Minnesota. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Sect ion 462.36, S%Lbdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the resDonsibi!ity of filing this resolution with Hennepin County an~ paying all costs for such recording. A building permit for the subj act construction shall not be issued until proof of recording has been filed with the City Clark. The foregoi'ng resolution was moved by Councilmember Ahrens and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Ahrens, Hanus, Jensen, Jessen and Polston The following Councilmembers voted in the negative: None Mayor-- WI~HIRE BOULEVARD 1 I t I I ! CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 September 5, 1997 TO: MAYOR AND CITY COUNCIL FROM: LINDA STRONG PER ED SHUKLE SUBJECT: VARIANCE FOR MITCH KNUTSON This case will be heard at the Planning Commission on Monday, September 8, 1997. The information provided within is the application and Staff report. The Minutes and recommendation of the Planning Commission of the Monday evening meeting will be handed out at the Tuesday night meeting. ls printed on recycled paper 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 9-8-97 Planning Commission, Applicant and Staff Jon Sutherland, Building Official Variance Request Mitchell Kent Knutson 97-46 6547 Bartlett Blvd., Lot 18, Halstead Heights, PID 22-117-2444 0037 R-1 Single Family Residential ~OUND: The applicant is seeking a building permit and variance to allow the construction of an attached garage and bedroom addition that is nonconformin. required side yard setback of 10 feet A 6 foot ,~.~_A,.: ..... g to the · o~,uau~ Es proposeo ancl this results in a se.t.,bac, k variance request of 4 feet. This site has a long history of zoning requests starting W.!t? the original subdivision that was approved in 1971 by resolution//71-77. Resolutions #96-113, #95-112, and the related staff reports are included for backround information. The current and -revious own ' ers have for some time been attempting'to provide for a garage on the site. The city has as part of the comprehensive plan attempting to eliminate various nonconforming situations, and has also for a long period of time supported the construction of garages in order to eliminate clutted and provide for parking and storage ect. In this case the original subdivision created a difficult situation for the future development of a suitable garage. In addition to a suitable garage the existing dwelling is As the City Planner stated in his letter dated December 1, 1995 the ideal situation would be the removal of the undersized home (rental unit) and the combination of the two parcels to return the property to one contiguous parcel. Another factor in this case was my original determination of what the required side yard s~etback is for an attached garage· About two months ago the applicant was seeking advise "---dh setback requirements for their addition and I advised them the required side yard setback 6547 Bartlett Blvd PZ 97-46 page 2 was 6 feet (which is true for a lot of record which was the case at the time). I also advised them that in order to obtain a permit for the addition, a combination of the lots must occur and the rental unit must be eliminated because the code does not allow two dwellings on one parcel. The applicants proceeded to develop their plans, hire a contractor, combine the parcels, and agree in writing that they would eliminate the rental unit. The contractor applied for a permit and it was then, after review by the planner that I confirmed the required setback had now changed to 10 feet due to the combination and loss of lot of record status. The subject property is located in the R-1 Zone which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, side yard setbacks of 10 feet, a 15 foot rear yard setback. A 10 foot setback is required to the bluff and a 50 foot setback is required to the lake. The Impervious surface for this parcel is limited to 30% and as proposed is conforming. COMMENTS: The new proposal for an attached garage and bedroom addition match the architecture of the dwelling and the positioning of the existing dwelling make it difficult to locate an addition that allows for adequate area or suitable entry into the dwelling without a major impact to the existing architecture. In spite of the variance request, a positive major step is being made towards the goal of the ordinance to gain the combination of these parcels and the elimination of the rental unit. The larger garage also provides for additional storage for the lake shore property. The topo of the existing lot on the lake side limits the available buildable footprint when coupled with the existing location of the home. ~_~. STAFF RECOMMENDATION: Staff recommends the planning commission recommend approval of the variance request as proposed, with the conditions as follows: 1 ) The deck and encroaching shed located on the accessory structure on the street side shall be removed prior to the building permit issuance. 2) The detached accessory structure on the street side shall not be used as a dwelling or rental unit and or permanant residence. The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on (FOR OFFICE USE ONLY) YARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound,'M'N 55364 Phone: 472-0600, Fax: 472-0620 Application Fee: $100.00 Planning Commission Date: City Council Date: Distribution: q-q-qq ~]tt/q-'l City Planner~ °1'/4 Iq -! City Engineer ~ Public Works CaseNo. q~-'~ pc~xo-L1 q _ IO SUBJECT PROPERTY LEGAL DESC. PROPERTY OWNER APPLICANT (IF OTHER THAN OWNER) ZONING DISTRICT ~) R-lA R-2 R-3 B-1 Phone(H), ~??_ Z;~,3-_~ g (W)?~'.~_/?ZS-- (M) Plat # B-2 B-3 Name Address Phone (H) (W) (M) 1. Has an application ever b~een~II¢3~ for zoning, variance, conditional use permit, procedure for this property. {) ~( ) no. If yes, list date(s) of application, action or other zoning number(s) and provide copies o-~esolutions, taken, resolution 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ,nd ,,q%," ,'e d 13 x y ?/) ' 5 t g & (Rev. 1H4/97) Variance Application, P. 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located9. Yes (), No ~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): VARIANCE SETBACKS: REQUIRED REQUESTED (or existing) FrontYard: (¢SEW)_~ ft. ~""- ft. Side Yard: ( N S E ~) ~//5 ft' O .. ft. Side Yard: ( N S ~)W ) ft. /~,.. t~ ft. Rear Yard: ( Ni~E W ) 10 ft. JO ft. Lakeside: ( N S E W ) 5"'?') ... ft. /(_.3,dP ft. · (NSEW) ft. ft. Street Frontage: ft. ft. Lot Size: sq ft sq ft sq ft Hardcover: sq ft ._sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it 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 ( ) soil too small ( ) drainage ( ) existing situation ( ) too shallow ( ) shape ( ) other: specify Please describe: / ~ ~ (Rev. 1/14/97) 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 ~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No/~O. If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No,,0q. If no, list some other properties which are similarly affected? ~ ce~ ~at a~ of ~e above statements and ~e statements contained in ~y required papers or plus to be submi~e~ herewi~ ~e t~e ~d accurate. I consent to ~e entry ~ or upon ~e premises described ~ this application by any authorized official of ~e Ci~ of Mound for ~e pu~ose of ~specting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature/~~.... Applicant's Signature/'~'-~ ,,~.~.~,_~ ~g~ (Rev. 1/14/97) Date ~- f/--~7 Date ~'-~- ~7' Hardcover calcs t6547 Bartlett i .................... Knutsen '~'~i' sq ft lot A+B l' 23026i otal allowed (30%) [ 6907.8! .. existing hardcover A+B L.. hardcover to be added- additions ]~ ..................... !...0...6...0..:....i ............. rock over plastic ............... ,1~ -64i rock over plastic ....... :~6' 'r~ over p astic ...... -9 i .. timber wails .... "~)ther hardcover removed L~hed J~i' new hardcover (1997 phase) future hardcover (1998 phase) driveway ~ sidewalk existing hardcover under new hardc~o.?..e_r.........! 6617.9i 4ooi -45i subtotal 7044.9 other furture hardcover removed ......................................................... [ -104 decks ............................................. ! ...................................... ,,;. ...................................... ~ ...................................... rock driveway ,~ ........ -40.?~,; '~'~ture hardcover total (1997+1998 phase) 6900i R.~OL~ON ~9~-113 RESOLUTION TO APPROVE A BUILDING lq~_~IGHT VARIANCE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE AT 6545 BARTLETT BLVD., LOT 18, HALSTEAD HEIGHTS PID 22-117-24 44 0033 P&Z CASE ~O(~44 WHi~REAS, Mitch Knutson has applied for variance to allow construction of a 24' x 32' detached garage that will exceed the heigh£ of the principal dwelling on the same lot, and; WHEREAS, Zoning Ordi,~ce Section 350:435, Sald. 2, states 'No accessory building shall exceed the height of the principal buildhag in the R D/strict,' and; WHEREAS, In 1995 Resolution ~5-122 approved a s/m/hr variance for a 24' x 26 two stall garage in the same location. Other than the additional stall, this proposal is essentially the same az the previous one. The cu,u-ent owners have obrzined a building permit for the or/g/hal garage, however it h~s not been constructed and they are/ntending to sell the property to the appl/cant, and; WHEREAS, the subject property is located w/th/n the R-1 Single Family Residential Zoning D/strict which according to City Code requ/res for a mln{roum lot area of 10,000 square feet, a 30 foot front yard setback, s/de yard setbacks of 6 feet and 10 feet, and a 15 foot rear yard setback, and; ~A$, all other setbacks, and impervious lot coverage are conforming, and; ~AS, the plans for the garage match the architecture of the dwelling on the southerly parcel, and tiffs could be considered a positive step towards the eventual comb/nation of these parcels and the elimination of the rental unit, and; there does not appear to be a reasonable location for a garage on the southerly parcel, WHEREAS, this proposal encourages the combination of the two parcels to return the property to one parcel which could then easily accommodate all desired accessory structures, and; Wlq'K. REAS, if the height of the garage was reduced, no variance would be required since the position of the garage is in a conforming location on the northerly parcel, and; WH2EREAS, the Planning Commission has reviewed the request and recommended approval. follows: NOW, ~FORE, BE 1T RESOLVED, by the City Council of the City of Mound, Minnesota, as The City does hereby grant a building height variance to allow construction of a 24' x 32' detached garage which exceeds the heigh£ of the principal building on the same lot, subject to the following condit/on~: a. The draln~ge plan be revised by the applicant to include ~he additional garage area and incorporating the teclmiques listed in Zoning Ordinance Section 350:1225, Subd. 6.A.3. This plan shall be reviewed and approved by staff prior to building l~rmit izsuance. b. The deck and ~ncroaching shed located on Parcel B shall be removed within one year of building permit issuance, consistent with the 1995 resolution. The City Council author/zes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconform/ng use, subject to all of the provisions and restrictions of Section 350:420. Resolution ~)6-11~ November 12, 1996 Pate 2 · b ~ authorizalion of~ Ix is deter~i,~ed thai the livability of the re~l property will be in~prove~l y nonconformi~§ alt~afions to afford the owners reasonable use of their land. 4. This varianc~ is ~ranted for the following legally descn'bed prop~: Thai part of Lot 18 lying north of a li~e running west at right angl~ from point on the east line thereof ~ ~ feet south of the northeast comer the~,eof, Halstead Heiihts, Heunc-pin County, M~r~e~ta. This variance shall be recorded with tie County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota S~e Stamle, Section 462.36, Subdivision (1). This shall be considered a rest~-iction on how this prop'S7 may be The property owner shall have the resimns~ilk7 of filin~ this resolution with Hennepin County and paying all costs for such r~cording. A building permit for ~he s'ubject constructmn shall not be issued until proof of recording has been ~ed witi the City Clerk. The foregoing resolution Was mowd by Councilnzmber Ahrens and s~conded by Councilmcmber The following Councilmembers voted in the afftrmative: Ahrens, Hanus, lensen, les~m and Polston. The following Councilmembers voted in the negative: None Mayor Attest: Acting City Clerk Resolution adopted: November 12, 1996 ¸-0 ~ OF A 1VIEETING OF THE MOUND ADVISORY PLANNING COMMISSION NOVEMBER 4, 1996 CASE 96-66: VARIANCE FOR GA~OE HEIGHT MITCH K~TSON 6545 BARTLETT BLVD. LOT 18 HALSTEAD HEIGHTS 22-117-24 44 0033 Building Official, Jon Sutherland, briefly reviewed the Staff Report. The applicant is seeking a building height variance to allow the construction of a 24' x 32, three stall detached garage that exceeds the height of the principal dwelling on the same lot. In 1995 Resolution $95-122 approved a similar variance for a 24' x 26 two stall garage in the same location. Other than the additional stall, this proposal is essentially the same as the previous one. The current owners have obtained a building permit for the original garage, however it has not been constructed and they are intending to sell the property to the applicant. Staff recommended the Planning Commission recommend approval of the variance request as proposed, with the condition that all of the remaining conditions of Resolution $95-122 that hay completed to-date are incorporated within this a~roval ~s ~%~.been 1. The drainage plan be revised by the applicant to include the additional garage area and incorporating the techniques listed in Zoning Ordinance Section 350:1225, Subd. 6.A.3. This plan shall be reviewed and approved by staff prior to building permit issuance. 2. The deck and encroaching shed located on Parcel B shall be removed within one year of building permit issuance, consistent with the 1995 resolution. Reifschneider asked for clarification on the zoning issues and setbacks for this property. Motion made by Michael to recommend approval of the variance, as recommended by Staff. Foss seconded the motion. H~nus asked staff to include a copy of th ' ~lnutes of last year's me~e~--~ ~- =~ e_ Pla~lng and Council commission d~ ...... ~ ~_ ~-~..~ ~n. une council packet. The ...... =u un~ n~s=ory of this case and the options for subdividing the parcel. Clapsaddle stated that there is very little reason not to approve the request, even though he may not like it. Voss agreed. The Commission asked staff why they feel it is bad planning to move the property line. Koegler responded that it is a long-term goal to see the two parcels combined, and noted that if the Commission wished to grant a variance allowing two houses on one lot, properties could be combined. By allowing the garage to the constructed hopefully promotes the combination of these lots in be the future when the cabin deteriorates. Parcel B could have a new home built on it, but the garage perpetuates this not happening. Motion carried 6 to 1. Clapsa~dle, Burma, Michael, Voss, Hanus and Glister voted in favor. Reifschneider was opposed. This case is scheduled to be heard by the City Council on November 26, 1996. The applicant, Mitch Knutson, requested to be heard on the November 12, meeting. Sutherland informed the applicant that he needed to request this of the City Manager. CITY OF MOUND 5341 MA'(WOOD 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 November 4, 1996 Planning Commission, Applicant and Staff Jon Sutherland, Building Official __ic,~J~ variance Request Mitchell Kent Knutson 96-66 6545 Bartlett Blvd., Lot 18, Halstead Heights, PID 22-117-24 44 0033 R-1 Single Family Residential B~ACKGROUND_: The applicant is seeking a building height variance to allow the construction of a 24' x 32' three stall detached garage that exceeds the height of the principal dwelling on the same lot. In 1995 Resolution #95-122 approved a similar variance for a 24' x 26 two stall garage in the same location. Other than the additional stall, this proposal is essentially the same as the previous one. The current owners have obtained a building permit for the original garage, however it has not been constructed and they are intending to sell the property to the applicant. Please refer to the attached resolution and previous staff report for additional background information. The new plans for the larger garage match the architecture of the dwelling on Parcel A and this could be considered a positive step towards the eventual combination of these parcels and the elimination of the rental unit. The larger garage also provides for additional storage for the property. STAFF RECOMMENDATION'. Staff recommends the Planning Commission recommend approval of the variance request as proposed, with the condition that all of the remaining conditions of Resolution #95-122 that have not been completed to-date are incorporated within this approval as follows: printed on recycled paper Staff Report Knutson/Palen P. 2 The drainage plan be revised by the applicant to include the additional garage area and incorporating the techniques listed in Zoning Ordinance Section 350:1225, Subd. 6.A.3. This plan shall be reviewed and approved by staff prior to building permit issuance. The deck and encroaching shed located on Parcel B shall be removed within one year of building permit issuance, consistent with the 1995 resolution. JS:pj Note: The abutting neighbors have been noEfied of this request. This case is scheduled to be heard by the ~ty Council on November 26, 7996/ ~.. 1. , ~ ~ I 1,. ,II . .]~. December 19, 1 SS5 RESOLUTION #95-122 RESOLUTION TO APPROVE A GARAGE HEIGHT VARIANCE FOR 6545 BARTLE'TI' BLVD. THAT PART OF LOT 18 LYING NORTH OF A LiNE. · · , HALSTEAD HEIGHTS, PID 22-117-24 44 0033 P&Z CASE #95-49 WHEREAS, the owners, Gerald and Catherine Palen have applied for a variance to allow construction of a detached garage that will exceed the height of the principal dwelling on the same lot, and; WHEREAS, Zoning Ordinance Section 350:435, Subd. 2, states "No accessory building shall exceed the height of the principal building in the 'R' District", and WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, side yard setbacks of 10 feet and 6 feet for lots of record, and a 15 foot rear yard setback, and; WHEREAS, ali setbacks and impervious lot coverage will be conforming, and; WHEREAS, the new garage is intended to serve the dwelling located on the sourtherly portion of lot 18, PID 22-117-2z~ 4~ 0034, both parcels are owned by the Palen's, and; WHEREAS, the plans for the garage match the architecture of the dwelling on the southerly parcel, and this could be considered a positive step towards the eventual combination of these parcels and the elimination of the rental unit, and; WHEREAS, if the height of the garage was reduced, no variance would be required since the position of the garage is in a conforming location on the northerly parcel, and; WHEREAS, there does not appear to be a reasonable location for a garage on the southerly parcel, and; WHEREAS, staff investigated the possibility of moving the lot line separating the two parcels on Lot 18, and did not support a subdivision when the result would be the creation of a nonconforming parcel, and; WHEREAS, this proposal encourages the combination of the two parcels to return the property to one parcel which could then easily accommodate all desired accessory structures, and~RANSFER ENTERED HEfihEPiN COL,~ITY TA,v~p^YER ~RVICES D~PUTY Resolution #95-122 Page 2 December 19, 1995 WHEREAS, the Planning Commission has reviewed the request and recommended denial with the suggestion that a subdivision may be a feasible alternative. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a building height variance for the construction of a 22' x 24' detached garage which will exceed the height of the principal building on the same lot, as shown on'the survey dated September 21, 1995, subject to the following conditions: An easement be drafted by the applicant to provide for a minimum driveway/access width of 10 feet for Parcel A. The easement must be written to accommodate for a driveway and utilities. City staff shall review and approve the easement prior to release of this resolution for filing. The proposed garage must not be placed over any utility services. All utilities must be identified on the survey and located within a proper easement. A drainage plan needs to be prepared by the applicant that incorporates the techniques listed in Zoning Ordinance Section 350:1225, Subd. 6.A.3. This plan shall be reviewed and approved by staff prior to building permit issuance. e dt The deck and encroaching shed located on Parcel B shall be removed within one year of building permit issuance. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a 22' x 24' detached garage. This variance is granted for the following legally described property: o° o Resolution #95-122. Page 3 That part of Lot 18 lying north of a line running west at right angles from a point on the east line thereof distant 225 feet south of the northeast corner thereof, Haistead Heights, Hennepin County, Minnesota. 5. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section a,62.36, Subdivision (1). This shall be considered a restriction on how this property may be used. 6. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subiect construction shall not be issued until proof of recording has been filed with the City Clerk. December 19, 1995 The foregoing resolution was moved by Councilmember Jessen and seconded by Councilmember Jensen. The following Counciimembers voted in the affirmative: Jensen, Jessen and Polston. The following Councilmembers voted in the negative: Ahrens. Counciimember Hanus was absent and excused. Mayor Attest: City Manager Resolution Adopted: December 19, 1995 Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. December 1, 1995 Mr. Jon Sutherland Building Official City of Mound 5341 Maywood Road Mound, MN 55364 Re: Palen Variance Application Dear Jon: This letter confkms the discussion that we had recently regarding a variance request by Gerald and Catherine Palen involving construction of a proposed garage. In order to accommodate the proposed garage construction, only two alternatives are feasible: 1) further subdivide the property by adding land from Parcel B to Parcel A to allow construction of the garage on Parcel A which contains the Palen's primary dwelling or 2) allow a garage height variance to accommodate construction of the garage on Parcel B even though the actual users of the garage reside on Parcel A. With the exception of the height of the proposed garage, the structure could be constructed on Parcel B without approval of a variance. The subdivision that occurred in the 1970's resulted in an unusual lot configuration because of the location of the existing home on Parcel A. Because the home sits on the northern portion of the lot, it is impossible to accommodate both a garage and the associated driveway parking area on Parcel A without attaching portions of Parcel B to A, thereby rendering Parcel B nonconforming (<10,000 sq. ft. lot area). The City of Mound has a history of not allowing subdivisions when they result in the creation of nonconforming lots. Since the positioning of the existing home makes it impossible to accommodate the garage as well as the garage entry/parking area on Parcel A without rendering Parcel B nonconforming, staff cannot support a minor subdivision proposal for this property. If the subdivision alternative is unacceptable, the only other feasible option for allowing the garage is the issuance of a variance. As was pointed out earlier, if the height of the proposed garage was reduced, no variance would be required since the position of the garage is in a conforming location on Parcel B. Therefore, the Palens could obtain a building permit and construct the garage on Parcel B even though their home is on Parcel A. If the City Council desires to allow construction of a taller garage to serve Parcel A, the issuance of a variance would be preferred by staff since it will not result in the creation of a nonconforming lot. It is impossible to determine the position of the Planning Commission and City Council in the 1970's when the original subdivision occurred. At this time, it certainly appears as though the community might have been better served by denial of the subdivision as proposed, perhaps hastening the removal 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Mr. Jon $utherland December 1, 1995 Page Two of the small dwelling on what is now Parcel B. The fact remains, however, that the subdivision was approved and therefore, both the Palens and the City now have to deal with the unusual lot configuration that resulted. Given the characteristics of Parcels A and B, the ideal situation would be the removal of the undersized home on Parcel B and the combination of the two parcels to return the property to one contiguous parcel. As one parcel, the site could easily accommodate all desired accessory structures. While the owners of the property have indicated that they desire to keep the property in two parcels at this time, perhaps in the future either they or a subsequent owner will be interested in reattaching the parcels. If a variance for the garage is approved and the owner desires to sell Parcel B in the future, they will also be selling their garage and in all likelihood, they will not be able to build a replacement. As a £mal footnote to this matter, I realize that the Planning Commission recommendation is not in concurrence with the staff recommendation. Staff, however, cannot support a subdivision to accommodate the proposed garage and associated parking area when such an action results in the creation of a nonconforming parcel. If you have any questions or need further information, please contact me. Sincerely, R. Mark Koegler, RLA City Planner RMK:dbm CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of October 9, 1995 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~ ~ , Variance Request Gerald & Catherine Palen 95-49 6545 Bartlett Blvd., Lot 18, Halstead Heights, PID 22-117-2444 0033 R-1 Single Family Residential BACKGROUND: The applicant is seeking a variance to allow construction of a detached garage that exceeds the height of the principal dwelling on the same lot. Zoning Ordinance Section 350:435, Subd. 2 states, "No accessory building shall exceed the height of the principal building in the 'R' District." The proposed garage is conforming to all setbacks. Impervious surface coverage is over 30 percent, but will be conforming at less than 40 percent for lots of record, with an approved drainage plan. It is the understanding of staff that the new garage is intended to serve the dwelling shown on the lakeside lot, Parcel A. The applicant was originally contemplating a minor subdivision that would allow Parcel A to accommodate the garage. Both parcels are currently under the same ownership. The variance process gives us the opportunity to look at the existing conditions on the site and balance the proposed improvement against our ordinances and the need for orderly development in the city. This property was subdivided in 1971 as approved by Resolution #71-77, and since that time, there have been substantial changes in the subdivision process. As part of our current process staff evaluates issues such as proper street frontage, emergency vehicle access, drainage, utility easements, and placement of sewer and water services, and other issues. In this case, the addition of the garage on the street side parcel raises concerns that could negatively effect the lakeside parcel if precautions are not taken. Several issues have been identified, as listed below. printed on recycled paper Date: August 29, 1997 To: Jon Sutherland From: Asha Knutson As we discussed on August 28, 1997, this is to confirm that we will not use 6545 Bartlett Boulevard (the cottage) as a dwelling. We will use this structure as a recreation room 99~.. ! 90.~, 990 j~ REQ. LOT AREA: EXIST. LOT AREA: su.v ',... REOUIRED STREET FRONTAGE~IDTH~ / ~m~i ~ L~ I~ q q IEQUIRED SI: ~ BACKS PRiNCiPAi_~BUiLDING/HOUSE ~ .~© , FRONT:(.~S E W FRONT: N S/E~ W SIDE: N s~,~ ?~" ~ SIDE: N S E~) 10 ' ~ REAR: N S~W ~ LAKESHORE: ~ ~easured from O.H.W.) TOP OF BLUFF: ACCESS~Y BUILDING/GARAGE/SHED FRONI[: ¢ S E W ? ~-~.K._~' FRONTT'"N S ~E W __---- ' SIDE: N S~,/l~ 4' or 6', SIDE: N S E(._~ 4' or 6 REAR: N S E W 4' LAKESHORE: 50' (measured from O.H.W.) TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: 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: PRINCIP/~J)UILDING/HOU.SE FRONT~___~ .~ E W ~L~ ) ! ,~ FRONT' N' S ~W -- S,~E: 'N ~ ~' SIDE: N~~ ~/ ~ REAR: N (S) E W LAKESHOR~ TOP OF BLUFF: , /.,--'~, - HARDqC. OVE~I CONFORMING? YES /~ IS THIS PROPERTY CONFORMING? ~ ~l~Zoning Information Sheet only summarizes a portion of the requirements outlined i the City of Mound Zonin ~)trdinance. lJ~or further information, contact the City of Mound Planning Department at 472-0600. 0~J1L01 A (ZT) E ~(5) ~6.4 r~m O--I "I -~ ('D ri' o o ~- -'h Z K~I 'q rrl '-i r'- 0 ~ u~ 0 ~- ~.~ 0 · third day . ": :: '~: Limited: t°Ten C°nsecutive DaYS i! :. ~2 LICENSE~ CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 ~TEMPORARY ON-SALE NON-INTOXICATING MALT LIOUOR PERMIT A lu_mni / me nrn;r . Work hone: Section ~lO. 10, Su~. ]. Li~bilil~ bs~c~. (~) P~o~ to ~ iss~c~ o~ ~ ~ lioness, ~ ~pplio~t sb~ll demonstrate pr~f of financial res~nsibility wi~ regard to liability imps~ by Mi~ S~mt~ S~tion 340A. 801 to the City Clerk and to the Co~ssioner of Public Safety as a con~tion of ~e issuance or renewal of his license. Pr~fof financial res~nsibility shall ~ given by fil~g a certificate that ~ere is h eff~t ~ ~sur~ce ~licy or p~l providing the ~imum coverag~ for ~ shop liability ~ r~uir~ by M~o~ S~tut~, S~tion 340A.409, Su~ivision 1. It is the intent of ~is s~tion to r~uire the ~nimum ~su~ee coverages ~d amo~ r~ui~ by M~o~ law. Amo~t of Coverage: S~tion 810:10. Su~. 1. Application Fo~. h the ~e of~y appli~tion for a Tempora~ 'On-Sale~ lieen~ to allow ~le ~d consumption of~r on public l~d or public sch~l l~ds, ~e applic~t shall, p~or to is~ce of such license, file the written consent of ~e o~er of such l~ to such use of i~ l~ds. Dale - $25.00 Day - Single Dance F:: gW Io- 9- ,~ 7 Date of Single Dance $200.00 Yr~- Annum Danc~ ! License Year · Annual Dance CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNE3OTA 55364 pUBLIC DANCE PERMIT APPLICATION CHAIRPERSON OR Dam : . . Depmment APprov~lDeni~ Approv~ Deni~ CITY OF MOUND $341 MAYWOOD ROAD MOUND, M1NNF. SOTA 55364 Mound Business: Mound Address: Applicant Name: ,APPLICATION FOR LICENSE TO SELL SET-UPS TEMPORARILY ~ Bus. Phone: Applicant Date of Birth: ~ Social Security #: Citizen: .~ YES NO Driver's Lic. #: Home Address: City: Company Name: Company Address: Company Officials: Type of Business: 2. 3. (First) ! References: Home Phone: Zip: Co. Phone: City: Zip: (Middle) ~)~(.(~' - - (Date of Birth) , (~'~ast~'~- -- ~ (Date of Birth) (~dle) IDV~) (Middle) (~st) ~ - ' (Date of Bi~) (List three - name and address of each) CITY OF MOUND 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM September 4, 1997 TO: FROM: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER~'~ SUBJECT: SUMP PUMP INSPECTION PROGRAM As you know, we have embarked on a sump pump inspection program to have all sump pumps connected to the sanitary sewer system disconnected from the sanitary sewer system. Earlier this summer we came to you with a progress report on the project and indicated to you that residents were not overly enthused about having their homes inspected for sump pumps particularly those who do not have sump pumps. We explained to you that we divided the city into 3 sections and started with Section 1 (Three Points area), then Section 2 (Highlands area) and Section 3 ( Island Park). Packets were mailed to each of these sections explaining the program. Subsequent letters were also sent on how important this project is to the City and its residents in attempting to reduce and ultimately eliminate the inflow and infiltration of ground water into the sanitary sewer system. In addition, Visu-Sewer placed an advertisement in The Laker. We also ran articles in The Laker and in City Contact regarding the program. When we met with you this summer, we discussed any other suggestion you might have to try before enforcing the $100 per month penalty for non-compliance. You suggested another letter that would simply state the facts and to ask for the resident's cooperation in working with the City. That letter has been sent and there has been some response. Attached is a report from Visu-Sewer indicating to date, the number of inspections performed, how many sump pumps were found, sump pumps found to be in non-compliance and the remaining number of inspections to be performed. Recently, staff met with Visu-Sewer and discussed where we were heading with the project. We are all out of suggestions on how to proceed other than to implement the $100 per month penalty. We are now recommending that the penalty be enforced beginning with the utility bills to be mailed in printed on recycled paper Memorandum to the Mayor and City Council September 4, 1997 Page 2 the next two weeks. The bill would show a sump pump surcharge of $100 and would have a letter of explanation with it allowing the resident a "window" in which to comply (perhaps 2 weeks) and if the inspection is performed, the penalty can be voided. At the last meeting that we discussed this project, Mayor Polston had asked if it would be possible to have property owners sign an affidavit that they do not have a sump pump. We contacted the Metropolitan Council Environmental Services (MCES) to see if this was possible. This is not allowed and a written response is attached explaining the reasons why this cannot be done. Staff would like your permission to implement the penalty per the City ordinance. Ron Fenney, General Manager, Visu-Sewer and John Cameron, City Engineer, will be in attendance at Tuesday's meeting to answer any questions. VlSU-SEWER CLEAN & SEAL, INC. 3940 Louisiana Avenue, SC. Louis Park, Minnesota 55426 (612) 920-9711 Fax 612-920-7054 August 26, 1997 RECEIVED AUG 2. B lltltl_ Mr. Ed Shukle City of Mound 5341 Maywood Road Mound, MN 55364 RE: Sump Pump Program Dear Mr. Shukle, As per our meeting on 8-25-97, this is to detail the project to date. The following numbers detail our inspection findings as of 8-23-97: 2381 Inspections performed 100+ Inspections scheduled for the week of 9-2-97 595 Sumps with Pumps 62 Non Compliance on 1st inspection 3 8 Non Compliance with no 2nd inspection 80+ Estimate of additional Non Compliance prior to program Total Inspections to be performed: 1082 Section #1 1108 Section #2 1152 Section #3 3342 Total 861+ Remaining I would like to suggest the following procedures, as we discussed, to complete this project. The next water bill to each area should reflect a $100.00 penalty with a letter stating that if they are in compliance the penalty can be voided. member of Serving-Munioipslicies, Utilities and Ir~dus~,py To expedite this I would like each section be given a set window of opportunity to comply. This will make scheduling each area's inspections more concentrated. An example would be, if the water bills are mailed on the 18th (Thursday), the scheduling should be through the 26th (Friday) with appointments through the following week. Each section would be modified as per the mailing dates to allow enough time to schedule appointments. After the final appointments are completed for each section, a certified letter would be sent to all non compliance homes notifying them of the monthly fine enacted. I will plan on attending the September 9th Council Meeting to answer any further questions or you can contact me at our office. Sincerely, Visu-Sewer Clean & Seal, Inc. Ronald Fenney, General Manager RF16.bc Metropolitan Council Working for the Region, Planning for the Future I August 2g, 1997 Mr. Edward J. Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Environmental Services RECEIVED Re: 1996 I/I Loan Response to inquiry regarding self certification by property Owner I Dear Mr. Shukle: This letter is in response to the City's request for clarification as to what the Metropolitan Council Environmental Services (MCES) will accept for project certification for the City's sump pump inspection and disconnection project which will, in part, be funded by the Metropolitan Council. In 1995 a task force of representative members of metropolitan communities was established to review and comment on the Metropolitan Cost Allocation method. During meetings of this task force, financial assistance programs were discussed that would provide metropolitan dollars to communities to assist in I/I reduction projects. The Task Force concluded that removal of I/I from community sanitary systems would be of benefit to the entire Metropolitan area. Therefore a recommendation was made to the Metropolitan Council to establish funding for community projects targeting Ill removal. As you are aware the City of Mound applied for and was awarded a $40,000 Loan to help finance the development of and enforcement of the City's sump pump disconnection ordinance. Per the conditions of the 1996 I/I Loan agreement between the City and the MCES, all homes within the City were to be included in the inspection program. The agreement also outlines a certification requirement in which all homes which were found to have a sump pump in non- compliance with the ordinance during the first inspection, needed to be certified after disconnection from the system, as being in conformance with the ordinance for a period of five years after the conclusion of the inspection program. These inspections were to be conducted by either City staff personnel and/or by contract services. Other communities have set up the initial and follow-up inspections using licensed plumbers, and the MCES has deemed this acceptable. The agreement also outlines an annual, five-year, certification period after the completion of the initial sump pump inspection program. The certification was set up so that over the five-year period, every residential connection found in non-compliance during the initial inspection would be re-inspected at least once. The certification inspections can be based on visual observations of the discharge lines outside the house. These inspections should look for evidence that sump discharges are occurring outside the home. If the inspections cannot find evidence that discharges have occurred, then it may be necessary to reenter the residence and conduct a thorough visual inspection of the sump plumbing system. 230 East Fifth Street St. Paul, Minnesota 55101-1633 {612) 222-8423 An Equal Opportunity Employer Fax229-2183 TDD/Tl'Y229-3760 Mr. Edward Shukle, Jr. August 28, 1997 Page 2 of 2 This method of certification should require whomever is conducting the inspections to only re- enter those residences which appear to be in violation of the ordinance. Certification would be considered complete by the MCES upon receipt of a signed affidavit by a Registered Engineer attesting to the inspection results and that the findings of said inspections found no reconnections to the sanitary system. The above outlined certification process was developed based on the recommendations of the Rate Study Task Force for the I/I Grant/Loan Program. The Task Force wanted some type of certification by the communities receiving the Loans testifying that the I/I removed as a result of the projects, remained out of the system. They felt that if metropolitan dollars were being spent on I/I removal assistance, the I/I should be kept out of the system. This is why the certification is being provided by the community receiving the Loan. By allowing self-certification by the property Owner, the accountability of the party receiving the financial assistance (the City) has been removed. Also it would be difficult for the Registered Engineer to sign a certification testifying that the sump pump is in compliance based on no visual verification of said fact. For this reason the Metropolitan Council cannot accept certification from individual property owners attesting to either not having a residence with a sump pump, or attesting to the fact that their sump pump is in compliance with the City ordinance. I hope this letter helps address your questions regarding the certification requirements for the I/I Loan given to the City, and why self-certification of individual residential homeowners cannot be accepted by the Metropolitan Council. If you have any further questions regarding certification requirements of Loan projects, or require any other additional information, please don't hesitate to address correspondence or calls to Sr. Staff Engineer, Kyle Colvin at 602-1151. Sincerely, Donald S. Bluhm Manager of Municipal Services DSB:KLC:car Enclosures CC: Kyle Colvin, MCES Municipal Services Section John Cameron, McCombs, Frank, Roos & Associates, Inc. September 9, 1997 RESOLUTION//97- RESOLUTION APPROVING THE 1998 pRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $2,776,950; SETTING THE PRELIMINARY LEVY AT $1,921,480 LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $492,040, RESULTING IN A PRELIMINARY CERTIFIED LEVY OF $1,429,440; APPROVING THE PRELIMINARY OVERALL BUDGET FOR 1998; AND SETTING PUBLIC HEARING DATES BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the following preliminary 1998 General Fund Budget appropriations: City Council 71,610 Promotions 4,000 Cable TV 3,000 City Manager/Clerk 210,970 Elections/Registration 13,200 Assessing 62,450 Finance 172,710 Computer 18,550 Legal 86,460 Police 990,170 Emergency Preparedness 4,250 Planning/Inspections 173,280 Street 420,820 City Property/Buildings 103,380 Parks 192,380 Recreation 37,290 Contingencies 45,000 Transfers 167,430 TOTAL GENERAL FUND 2,776,950 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the County Auditor to levy the following preliminary taxes for collection in 1998: Resolution #97- September 9, 1997 Page 2 SPECIAL LEVIES Bonded Indebtedness Unfunded Accrued Liability of Public Pension Funds Total Special Levies TOTAL PRELIMINARY LEVY PRELIMINARY TOTAL TO BE LEVIED FOR 1998 Less Homestead Agricultural Credit Aid (HACA) Preliminary Certified Levy 83,660 .33,350 .1.17,010 1,804,470 1,921,480 -492.040 1,429,440 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the preliminary overall budget for 1998 as follows: As per above SPECIAL REVENUE FUNDS 2,776,950 Area Fire Service Fund Capital Improvement Fund Cemetery Fund Dock Fund TOTAL SPECIAL REVENUE FUNDS ENTERPRISE FUNDS 360,220 665,210 6,710 76.660 1,108,800 Recycling Fund Liquor Fund Water Fund Sewer Fund TOTAL ENTERPRISE FUNDS 129,430 293,700 445,400 _ 981.020 1,849,550 Resolution//97- September 9, 1997 Page 3 SUMMARY General Fund Special Revenue Funds Enterprise Funds TOTAL ALL FUNDS 2,776,950 1,108,800 1,849,550 5,735,300 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, hereby sets Thursday, December 11, 1997 and Thursday, December 18, 1997, as the public hearing dates for consideratio~of-ttte--t997-Pxoposed-tludge=-~t September 9, 1997 RESOLUTION NO. 97- RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1998 WHEREAS, the City Council of the City of Mound is the governing body of the City of Mound; and WHEREAS, the City Council has received a resolution from the Housing & Redevelopment Authority of the City of Mound, entitled, "Resolution Approving the Mound Housing and Redevelopment Authority Budget for the Year 1998 Pursuant to MSA Chapter 469"; and WHEREAS, the City Council, pursuant to the provisions of MSA 469, must by resolution consent to the proposed tax levy of the Housing and Redevelopment Authority of the City of Mound. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, that a special tax be levied upon real and personal property within the City of Mound in the amount not to exceed $24,000. BE IT FURTHER RESOLVED, that the said levy, not to exceed $24,000 is approved by this Council to be used for the operation of the Mound Housing & Redevelopment Authority pursuant to the provisions of MSA 469, and shall be certified as a tax levy to the County Auditor of Hennepin County on or before September 15, 1997. _ RECEIVED TO: FROM: August22, 1997 Cities of the Minnehaha Creek Watershed District Steering Committee for Cities of the Minnehaha Creek Watershed District SUBJECT: Resolution for consideration by Cities in the District At the August 19, 1997 meeting, the Steering Committee for the Cities of the Minnehaha Creek Watershed District approved the enclosed model resolution for distribution to the cities. The Steering Committee requests that the cities in the Distdct consider approval of the resolution or one modified as needed. Copies of the approved resolution should be fowarded to the Committee recorder: Mike Eastling, Public Works Director, City of Richfield, 6700 Port~and Avenue South, Richfield, MN, 55423. The Steering Committee plans to present the resolutions to Hennepin County in October so please forward your resolution by September 30, 1997. Please call one of the Steering Committee members if you have any questions or the time schedule cannot be met. Also enclosed are the meeting notes from the August 19, 1997 second meeting of the Steering Committee and agenda for the September 4, 1997 meeting. Sincerely, STEERING COMMITTEE FOR CITIES OF THE MINNEHAHA CREEK WATERSHED DISTRICT: Howard Bennis, Mayor Deephaven Phil Zietlow, Councilmember Medina Terry Schwalbe, Project Coordinator Wayzata Ed Shukle, City Manager Mound Mike Eastling, Public Works Director Richfield Fred Richards, Former Mayor Edina MJE:sdr Enclosures RESOLUTION f97- RESOLUTION REQUESTING COUNTY ASSISTANCE IN THE OVERSIGHT OF THE MINNEHAHA CREEK WATERSHED DISTRICT WHEREAS, the City of Mound lies (partly) within the boundaries of the Minnehaha Creek Watershed District (MCWD); and, WHEREAS, the City has significant concerns that the MCWD has not demonstrated good governance in the conduct of its statutory responsibilities; and, WHEREAS, such concerns relate to such matters as: a lack of intergovernmental comity and cooperation; a failure to give timely, responsive and reasonable consideration to public and private project applications; an apparent unwillingness to give fair consideration to alternatives for funding MCWD projects; the absence of sound, accurate and thorough budgeting; a lack of consistency in dealing with municipalities within the district; a failure to recognize limitations on legal authority of the District and to appreciate and accommodate local concerns; unreasonable restrictions on minor developments, redevelopments and public improvements; a failure to utilize professional staff effectively; excessive expenditure of public funds for administration, per diem, consultants, and travel expenses; inflexible application and unreasonable interpretation of District rules; and the failure to evaluate fully the cost effectiveness of storm water management and water quality improvements and structural and nonstructural alternatives to such improvements; and, WHEREAS, the actions of the District have resulted in: an unnecessary duplication of effort among political subdivisions; unnecessary delays and increased costs of development and redevelopment projects and public improvements; an extraordinary commitment of ublic mon and staff resources in dealim, with the Dis-';,-* .......... · .... P ey · ~, --~, oa~ ~xceSSlVe tax ouraen on me citizens of the city; delayed provision of needed public facilities; and a declining confidence in the governance of the affairs of the District; and, WHEREAS, a number of cities within the MCWD also lie within other watershed districts or participates in joint powers watershed management organizations where they have not experienced similar problems; and, WHEREAS, the City has no means of exercising control over the affairs of the MCWD for the benefit of the City and its citizens, and lacks the resources to monitor, oversee, and negotiate with the District independently. that: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound MCWD Resolution September 9, 1997 Page 2 The Hennepin County Board of Commissioners is hereby requested to undertake a thorough investigation of the activities of MCWD, to monitor and oversee the ongoing activities of the District, to facilitate dialog between the District and affected municipalities, to consider diligently the cost effectiveness of capital projects proposed by the District and structural and nonstructural alternatives to such projects prior to approval thereof, and to take such other actions as the County deems appropriate to ensure the accountability of the District and address concerns described above. ° City staff is directed to explore with other cities in the watershed district joint and cooperative efforts to monitor and oversee the activities of the MCWD, in cooperation with Hennepin County. Adopted by the City Council of the City of Mound, the day of ,1997. Mayor Manager Attest: City Clerk TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR AUGUST FINANCE DEPARTMENT REPORT Investment Activity Balance: Bought: Money Market Money Market CP CP Matured: Money Market Money Market Money Market CP CP Money Market Balance: August 1, 1997 4M Plus First Bank Smith Barney Smith Barney 4M Plus First Bank Smith Barney Smith Barney Smith Barney First Bank August 31, 1997 5.656% 5.655% 5.755% 5.512% $4,135,990 2,692 80,911 434,802 560,103 (70,000) (42,000) (905) (428,194) (551,914) $4,121,485 1998 Budqet Preparation The City Manager and I have worked on the final proposed levy and budget during August. The City Council will be asked to approve the preliminary levy and the proposed budget on Tuesday September 9. The preliminary levy amount will be used by the County Auditor for the property tax notices that will be sent to each property owner in November. Computoservice (CSI) Meeting On August 7 I attended the CSl meeting in Brainerd. We reviewed the various financial applications and discussed the year 2000 conversions. The year 2000 issue is getting more and more attention by computer people as we get closer to the close of the century. Our City Financial applications will be affected and CSI has promised us that they will work toward a satisfactory transition when changes will be needed. City of Mound Monthly Report ilities Month of: August 1997 No. of Customers: Water Sewer Water Used: (in 1,000 gallons) Residential 1,158 1,154 24,130 Commercial 123 123 4,000 09/04/97 Utility-97 Total 1,281 1,277 28,130 Billing: Water Sewer Recycle Total $37,654 $60,751 $5,260 $103,665 $7,466 $19,007 $106 $26,579 $45,120 $79,758 $5,366 $130,244 Payments: Water Sewer Recycle Total $38,293 $65,891 $4,909 $109,093 $5,764 $15,157 $99 $21,02Q $44,057 $81,048 $5,008 $130,113 MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF A,,~mr lq97 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 8/11 8/18 14~ H2I/RS I-IXRS P,A/E 1 .r~:~F Ar~k~k~, X X 2 19.00 3.5 38 6.50 247.00 2 CREG ~T~k~OM X X 2 19.00 2 37 6.50 240.50 3 PAI~ ~A~B X X 2 19.00 2.5 36 6.50 234.00 4 DAVID ROYO X X 2 19.00 2 22 6.50 143.00 5 SCOTT BRYCE ~ X 1 9.50 0 14 6.50 91.00 6 JIM CASEY X X 2 19.00 4.5 13 6.50 84.50 ~7 S'z~v£ CC,LLINS X X 2 19.O0 2 16 6.50 104.00 8 BOB CRAWFORD X X_~ 2 19. O0 3 30 6.50 195. O0 9. R3%\rDy ~;V.~,I~,,T X (E~/) 1 9.50 4.5 12 6.50 10 S~EV~ ERICKSON X X 2 19.00 O 35 7.00 78.00 1t DAN GRADY 245.00 X w ? ~ ~ 2.5 23 6.50 12 KEVIN GRADY 149.50 × w 2 ~Q nO 2 1~ 6.50 104.00 .13 R~C~ ~USw~F~ON × × ? ~ Q- ~ 2 17 6.50 110.50 14 CP~.IG F3~. ~ERSOW ~-~ × ] q-:;O 2 20 6.50 130.00 15 pA3 ~.~ ~ _.wJ~,y X X 2 ]q.oo 3 21 6.50 136.50 16 HATT HENTGES X X 2 ]9.O0 2.5 32 6.50 208.00 .17 ROGER KRYCK X X 2 19.OO 2 22 6.50 143.00 18 _JOHN LARSON X X 2 19.00 2 28 6.50 182.00 19 J~ASON HAAS ~ X 1 9.50 3 26 6.50 169.00 20 .JOI-[N NAFUS X (E_3 1 9.50 2 19 6.50 123.50 21 JAMES NELSON X X 2__ 19.~ 2.~5 20 · 6.~ 130.00 22 BRET NICCUH X X 2 19.00 13.5 28 6.50 182.00 .~3 GR.EG PAI2.I X X 2 19.00 5.5 34 6.50 221.00 24 HIKE PAI2.I X X 2 19.00 2.5 26 6.50 169.00 25 TI~4. PAI2~ X X 2 19.00 1.5 26 6.50 169.00 26 G______~G PEDERSON X X 2 19.~-------6'------ 22 6.75 148.50 27 CHRIS POUI~DFiR X X 2 19.00 6 23 6.50 149.50 28 RI~{ARD ROGERS X X 2 19.00 1.5 31 6.50 201.50 29 MIKE SAVAGE X X 2 19.00 10 30 6.50 195.00 _30 .~EVIN SIPPREI,t, X X 2 ]9.03 1 21 6.50 136.50 31 RON STALt2i~N X ~ 1 9.50 2 18 6.50 117.00 ~2 BRUCE SVOBODA X X 2 19.OO 2 25 6.50 162.50 33 ED VANECM< X X 2 19.00 3.5 33 6.50 214.50 34 RICK WILLIAMS X X 2 19.00 7> .... 20 6.50 130.00 ~ TIM UILLI32.~$ ~ X 1 9.50 5 17 6.50 110.50 3--6 DENNIS WOY~KE X X 2 19.00 2.5 17 6.50 110.50 37 6.50 32 33 65 ' F~RE %ITt_AL9 80 82.5 162.5 617.50 121 868 W~ 5,665.00 162.5 II~TrI,q 617.50 121 -] ,250.00 ~ IUrAL 7,532.50 MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT MON/]{ MONTH TO DATE TO DATE D~,' OF AUGUST 1997 ©. OF CkLLS 74 10~ 523 ~2 FZRE 14 48 150 131 4OUND I~RGI~ 16 22 154 179 H!NNETONKA BEACH FIRE 3 1 15 5 EMERGENCY 0 0 2 9 MINXETRISTA FIRE 2 11 34 40 ]6 Gm' 2 3 30 25 0RONO FIRE } 11 41 43 ]R~ERGEI~L'Ef 4 3 18 21 5HOREW00D FI~ 0 2 4 0 ~~ 0 1 2 3 SPRING PARK FI~ 2 2 15 18 R'~ 3 5 49 50 ~UIUAL ~ID FIB 1 0. 6 5 ~~ 2 0 3 3 IO?~L FIRE C~LLS 27 75 265 242 ?01AL Z~ERGZNCY CALLS 27 B 258 290 ~C~ 0 0 1 8 EStD~ 4 5 32 25 ~'~ 0 0 0 1 ~$ ~ ~~S 12 53 133 97 o o 6 ~. 0F H~ FI~ 259 1198 3451 3075 ~0UXD '~G~ 229 316 2839 3654 ~ 488 1514 6290 6729 - MTKA BEACH ~e~ 0 O 63 202 ~ 76 18 386 281 FI~ 28 257 860 824 ~ ' TR I STA ~.~O~ 27 49 607 4~ ~ 55 306 1467 1308 FI~ 72 258 1027 949 - ORONO ~G~ 59 47 286 425 ~ 131 305 1313 1374 FI~ O 41 81 0 - SHOREWOOD R~. 0 17 38 68 _. ~ 0 58 119 68 FI~ 19 ~ 332 308 $ P. PARK ~G~ 45 88 895 10~ . ~ 64 122 1227 1308 F~ 12 0 196 116 - ~ ~D ~G~ 42 0 62 ~ T~ 54 0 258 2~ IOTAL DRILL HOURS 162.5 157.5 1352.5 1390 TOTAL FIRE HOURS 466 1~6 6270 5351 ZOTAL EMERGENCY HOURS 402 517 4790 5917 ~_~ FIRE & ~G~ ~S 868 2323 11~O60 11,268 NUTUAL AID RECEIVED O 0 4 0 ~JUTUAL AID GIVEN 3 0 9 8 LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Telephone 472-0621 Mound, MN 55364 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Chief Len Harrell Monthly Repor[_ for August 1997 The police department responded to 1,023 calls for service during the month of August. There were 27 Part I offenses reported. Those offenses included 1 burglary, 23 larcenies, 2 vehicle thetis, and 1 arson. There were 98 Pan II offenses reported. Those offenses included 1 child abuse/neglect, 1 forgery/NSF checks, 2 weapons, 6 narcotics, 10 damage to property, 7 liquor law violations, 8 DUI's, 6 simple assaults, 9 domestics (3 with an assault), 4 harassment's, 18 juvenile status offenses, and 26 other offenses. The patrol division issued 149 adult citations and 5 juvenile citations. Parking violations accounted for an additional 19 tickets. Wamings were issued to 125 individuals for a variety of violations. There were 6 adults and 9 juveniles arrested for felonies. adults and 28 juveniles arrested for misdemeanors. additional 9 warrant arrests. There were 36 There were an The department assisted in 12 vehicle accidents, 6 with injuries. There were 22 medical emergencies and 62 animal complaints. Mound assisted other agencies on 19 occasions in August and requested assistance 10 times. Property valued at $11,017 was stolen and $8,115 was recovered in August. MOUND POLICE DEPARTMENT MONTHLY REPORT - AUGUST 1997 II. III. INVESTIGATIONS The investigators worked on 2 child protection cases in August. Other cases investigated included stalking, violation of Order for Protection, burglary, damage to property, theft, CSC, assault, NSF checks, leaving the scene of an accident, missing persons, harassing communication, illegal dumping, trapping, and juvenile status offenses. Some follow-ups were done on the recent homicide, the Norwest Bank robbery, and the hazardous material spill. Formal complaints were issued for controlled substance (cocaine), cruelty to animals, 5th degree assault, DWI, CSC and first degree assault. Personnel/Staffing The department used approximately 108 hours of overtime during the month of August. 69.5 hours of overtime was due to the Sorbo Day event, while an additional 6 hours of overtime was used during Mound's National Night Out festivities. Officers used 40 hours of comp-time, 197 hours of vacation, 47 hours of sick time, and 2 holidays. Officers eamed 75 hours of comp-time. Two officers attended a 1 day "Law Enforcement Officers Killed/Assaulted" training. One officer attended advanced standard field sobriety school and three officers went to Intoxilyzer refresher class. The entire department participated in a department shoot as well as defensive tactics training. The reserves donated 123.5 hours during the month of August. VI. COMMUNITY SERVICE OFFICERS Officer Pieper joined the department on August 4th. The first two weeks were mainly used as training time. Officer Monsrud returned to school on August 23rd. Officers Monsrud and Pieper addressed 39 animal complaints, 46 ordinance violations, and 165 miscellaneous calls for service. 6 citations were issued in August. MOUND POLICE DEPARTMENT AUGUST 1997 OFFENSES CLEARED EXCEPT- CLEARED BY ARRESTED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV PART I CRIME,~ Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 I 0 0 I 0 3 23 0 i 9 3 6 2 0 0 0 0 0 1 0 0 1 1 0 TOTAL PART II CRIME~ Child Abuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (No Assault) Harassment Juvenile Status Offenses Public Peace Trespassing All Other Offenses 27 0 i 11 6 9 1 1 0 0 0 0 1 0 1 0 0 0 10 0 1 1 1 0 2 0 1 1 0 1 6 0 0 6 S 1 7 0 0 7 6 1 8 0 0 8 8 0 6 0 2 1 0 1 3 0 0 1 1 0 6 0 0 0 0 0 4 0 2 0 0 0 18 0 1 17 0 21 4 0 1 2 0 2 2 0 0 2 2 0 20 0 0 15 13 1 TOTAL 98 1 9 61 36 28 PART II & PART Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 6 6 0 22 62 19 736 851 HCCP Inspections 2 45 TOTAL 1,023 10 72 42 37 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT AUGUST 1997 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Propety Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS MONTH 81 63 24 5O 124 19 8 8 6 6 0 8 43 9 28 27 98 22 62 48 736 YEAR TO DATE 682 535 180 493 634 449 71 60 60 29 0 29 317 29 115 182 546 200 408 217 5,712 LAST YEAR TO DATE 551 373 176 454 665 439 43 33 44 14 0 31 260 42 130 208 548 246 381 150 5,816 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,470 64 63 2 19 10 10,948 497 837 24 111 71 10,604 564 272 41 126 76 MOUND POLICE DEPARTMENT AUGUST 1997 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt Overweight Vehicles Miscellaneous Tags TOTAL 8 8 0 7 1 58 1 0 29 0 4 1 4 2 9 1 0 19 3 5 1 6 0 7 174 0 0 0 0 0 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 MOUND POLICE DEPARTMENT AUGUST 1997 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL 49 19 28 0 1 4 0 0 0 13 114 4 1 5 0 0 0 0 0 0 1 11 WARRANT ARRESTS Felony Misdemeanor Eun: 2~Sep-97 19:45 PRO03 Primary ISN's only: No Date Reported range: 07/26/97 - 08/25/97 Activity codes: All Property Status: All Property Types: ;%11 Property Descs: All Brands: Models: All Officers/Badges: All MOUND POLIC~ DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE R~PORTED Page Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Date Recov'd Tp Desc SN Stat Stolen Value Recov'd Value Quantity Act Brand Model Off-1 0fl-2 Code Assnd Assnd 9 Prop type Totals: 50 0 A Prop type Totals: 7,000 7,000 B Prop type Totals: 605 0 E Prop type Totals: 72 25 J Prop type Totals: 500 500 0 Prop type Totals: 250 250 R Prop type Totals: 35 0 S Prop type Totals: 875 0 T Prop type Totals: 690 0 U Prop type Totals: 120 120 W Prop type Totals: 500 0 Y Prop type Totals: 320 220 **** Report Totals: 11,017 8,115 1.000 2.000 6.000 6.000 1.000 1.000 1.000 2.000 4.000 1.000 1.000 5.000 31.000 2-Sep-97 17:00 CFS08 Primary ISN's only: No Date Reported range: 07/26/97 - 08/25/97 T~O~::~achday: 00:00-23:59 Received: All Activity Resulted: All Dispositions: ;%11 Officers/Badges: Ail Grids: Ail Patrol Areas: All Days of the week: Ail ACTIVITY CODE DESCRIPTION MOUND POLICE DEPARTMENT · Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS 9000 SPEEDING 58 9001 J-SPEEDING 2 9002 NO D/L, EXPIRED D/L 1 9003 J-NO D/L, EXPIRED D/L 1 9012 OPEN BOTTLE 1 9014 STOP SIGN 4 iel AILURE TO YIELD 1 QUIPMENT VIOLATION 3 9024 ILLEGAL/UNSAFE ~U'R/~S 1 9030 CROSSWA.LK VIOLATION 3 9036 OBSTRUCTED VISION 1 9038 ALL OTHER TRAFFIC 2 9040 NO SEATBELT 6 9041 J-NO SEATBELT 1 9051 J-ALLOWING INCOMPETEN~f ~ DRV 1 9100 PAP~KING/ALL OTHER 19 9200 DAS/D~/DAC 7 9210 PLATES/NO-IMPROPER-EXPIRED 29 9220 NO INSURANCE/PROOF OF 9 9~GE OF DOMICILE 2 9301 LOST PERSONS 1 9312 FOU~'D ANIMALS/IMPODq~DS 2 Page I Run: 2-Sep-97 17:00 CFS08 Primary ISN's only: .No Date Reported range: 07/26/97 - 08/25/97 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT . Enfors Calls For Serwice INCIDENT ANALYSIS BY ACTIVI~-f CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS FOUND PROPERTY FOUND VEHICLES/IMPOUNDED PERSONAL INJURY ACCIDENTS H/R PERSONAL INJURY ACC. PROPERTY DAMAGE ACCIDENTS H/R PROPERTY DAMAGE ACC. H & R ACCIDENTS W/TICKET BOATING ACCIDENTS DOG BITE ANIMAL ENFORCEMENT TICKETS DANGEROUS DOG 9313 9314 9430 9440 9450 9451 9452 9510 9561 9566 9567 9730 MEDICALS 9731 MEDICALS/DX 9732 MEDICALS/CI 9735 IOD INJURY 9800 ALL OTHER/UNCLASSIFIED 9801 DOMESTIC/NO ASSAULT 9802 PUBLIC ASSIST 9900 ALL HCCP CASES 9904 9920 9921 OPEN DOOR/ALARMS INSPECTIONS DEPARTMENT INSPECTIONS CITATION 8 1 5 1 4 2 2 2 2 5 1 19 1 1 1 7 6 1 2 4 Page Run: 2-Sep-97 17:00 CFS08 Pr/mary ISN's only: No Date Reported range: 07/26/97 - 08/25/97 T~ange each day: 00:00 - 23:59  HOW Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9930 HANDGUN APPLICATION 6 9931 HA/qDGUN DENIALS 1 9980 WAR/~ANTS 9 9990 MISC. VIOLATIONS 1 9992 ~gJTUALAID/8100 11 9993 MUTUAL AID/6500 6 9994 MIITUA3~ AID/ ALL OTHER 2 A5~ASLT 5-MS-INFLICT BD HRM-F.~NDS~ASLT-AC 2 A5355 ASLT 5-MS-INFLICT BD }~{M-HANDS-CHLD-ACQ 2 A5501 ASLT 5-THRT BODILY HARM-NO WEAP-ADLT-FAM 1 A5502 ASLT 5-THRT BODILY HARM-NO WEAP-ADLT-ACQ 1 A9502 TERR THREATS-INFLT BH-UNK WEAP-ADLT-ACQ 1 AL552 ASLT-DOMESTIC-MS-THRT BODLY-HRM-HNDS-ADLT-ACQ 2 B3764 BURG 3-UNOCC NRES FRC-N-UNK WEAP-COM THEFT 1 DA540 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK 3 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 2 DE558 CON SUB 2-POSSESS-COCAINE-NOT APPLICABLE 1 F700C NEGLIGENT FIRE-MS-0T PROP-S299 LESS 1 I3070 CRIM AGNST FAM-MS-MALIC PUNISHF~NT CHILD 1 J2~TRAFF-GM-DUI LIQUOR-UNK INJ-UNK VEH i , J2E01 TRAF-ACC-GM-AL 10 MORE-UNK INJ-MV 1 J3501 TRAFF-ACCID-MS-DRIVE UNDER INFLUENCE 7 Page 3 Run: 2-Sep-97 17:00 CFS08 Primary ISN's only: NO Date Reported range: 07/26/97 - 08/25/97 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NDT~BER OF DESCRIPTION INCIDENTS TRAF-ACC-MS-;tL 10 MORE-UNK INJ-MV TRAF-ACC-MS-UND AGE DRINK DRIVE-UNK-MOTOR VEH JUVENILE-ALCOHOL OFFENDER JUVENILE-USE OF TOBACCO LIQUOR-UNDERAGE CONSUMPTION 18-21 JUVENILE-CURFEW JUVENILE-RUNAWAY CONSERVATION-ANIMALS CRUELTY TO ANIMALS-OTHER DISTURBING PEACE-FE-STALKING-Lgqq{NOWN DISTURB PEACE-MS-DISORDERLY CONDUCT DISTURB PEACE-MS-PUBLICNUISANCE DISTURB PEACE-MS-HARRASSING COMSgJNICATIONS PROP DAMAGE-GM-PUBLiC-UNK INTENT PROP DAMAGE-MS-PRIVATE-UNK INTENT TRESPASS-MS-PRIVATE-UNK INTENT LITTER-UNLAWFUL DEPOSIT OF GARBAGE-MS STLN PROP-FE-POSSESS-VEHICLES-2500-34999 STLN PROP-GM-POSSESS-OTH PROP-201-500 THEFT-501-2500-FE-WATERCRAFT_OTH PROP THEFT-201-500-GM-BUILDING_OTH PROP THEPT-201-500-GM-MOTOR VEH-OTH PROP 9 2 2 1 1 1 1 1 7 1 11 3 1 6 1 2 1 2 1 4 1 J3E01 J3T01 M3001 M3005 M4140 M5313 M5350 M6201 M8199 N1310 N3030 N3070 N3190 P2120 P3110 P3310 P3600 Q1226 Q2298 TC169 TF029 TF159 Page Run: 2-Sep-97 17:00 CFS08 Primary ISN's only: No Date Reported range: 07/26/97 - 08/25/97 Received: All Activity Resulted: All Dispositions: All Officers/Badges: Ail Grids: All Patrol Areas: Ail Days of the week: All ACTIVITY CODE DESCRIPTION TF168 TG021 TG028 TG029 TG159 TH~FT-201-500-GM-WATERCPJ%FT-GRAIN THeFT-LESS 200-MS-BUILDING-MONEY THEFT-LESS 200-MS-BUILDING-GRAIN THEFT-LESS 200-MS-BUILDING-O~ PROP THEFT-LESS 200-MS-MOTOR VEH-OTHER T~LEFT-LESS 200-MS-WATERCRAFT-OTH PROP TG169 U3497 U3498 VA021 VA022 W3980 W3999 X3190 X3250 X3360 THEFT-MS-BICYCLE-NO MOTOR-201-500 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS THEFT-FE-AUTO-MORE ~ 2500 VEH-MORE 77{AN 2500-FE-THEFT-TRUCK-AUTO WEAPONS-MS-OTHER ACT-FIREWORKS-NO CHAR WEAPONS-MS-OTHER ACT-OTHERTYPE-LrbFLAW PURPOS CRIM AGNST ADMN JUST-MS-FALSELY REPORT CRIME CRIM AGNST ~JDM~ JI)ST-MS-VIOL ORD PROTECTION CRIM AGNST ADM dUST-MS-VIOL H~J{RASS REST ORDER MOUND ~OLICE DEPARTMENT . Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS 1 2 1 2 2 1 1 3 1 5 1 1 1 1 1 4 1 **** Report Totals: 386 Page Run: 2-Sep-97 20:41 OFF01 MOUND POLICE DEPARTMENT . Primary ISN's only: No Enfors Offense Report Date Reported range: 07/26/97 - 08/25/97 Time range each day: 00:00 - 23:59 OFFENSE ACTIVITY DISPOSITIONS Dispositions: All Activity codes: Officers/Badges: All Grids: All Page ACT ACTIVITY OFFENSES UN- ACTUAL CODE DESCRIPTION _ REPORTED POUNDED OFFENSES A5352 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC 2 0 2 A5355 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-ACQ 2 0 2 A5501 ASLT 5-THRT BODILY HARM-NO WEAP-ADLT-FAM i 0 1 A5502 ASLT 5-THRT BODILY HARM-NO WEAP-ADLT-ACQ 1 0 1 A9502 TERR THREATS-INFLT BH-U14-K WEAP-ADLT-ACQ I 0 1 AL552 ASLT-DOMESTIC-MS-THRT BODLY-~LM-HNDS-ADLT-ACQ 2 0 2 B3764 BURG 3-UNOCC N-RES FRC-N-UNK WEAP-COM THEFT 1 0 1 DA540 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK 3 0 3 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 2 0 2 DE558 CON SUB 2-POSSESS-COCAINE-NOT APPLICABLE i 0 1 F700C NEGLIGENT FIRE-MS-OT PRoP-S299 LESS i 0 1 I3070 CRIM AGNST FAM-MS-MALIC PUNISDD4ENT CHILD i I 0 J2501 TP, AFF-GM-DUI LIQUOR-UNK INJ-UNK VEH I 0 1 J2E01 TRAF-ACC-GM-AL 10 MORE-UNK INJ-MV I 0 1 J3501 TRAFF-ACCID-MS-DRIVE UNDER INFLUENCE 7 0 7 J3E01 TRAF-ACC-MS-AL 10 MORE-UNK INJ-MV 7 0 7 J3T01 TRAF-ACC-MS-LrND AGE DRINK DRIVE-UNK-MOTOR VEH 3 0 3 M3001 JUVENILE-ALCOHOL OFFENDER I 0 1 M3005 JUVENILE-USE OF TOBACCO 11 0 11 ~4140 LIQUOR-UNDERAGE CONSUMPTION 18-21 3 0 3 45313 J'dVENILE-CU~EW i 0 1 45350 JUVENILE-RUNAWAY 6 0 6 36201 COnSERVATION-ANIMALS i 0 I ..... OFFENSES CLEARED ~DULT JUVENILE BY EX- PERCENT PENDING A~ST ARREST CEPTION TOTAL CLEARED 1 0 0 1 1 50.0 1 0 0 1 1 50.0 1 0 0 0 0 0.0 0 0 1 0 1 100.0 I 0 0 0 0 0.0 I I 0 0 i 50.0 0 0 1 0 I 100.0 0 2 1 0 3 10( 0 2 0 0 2 100.0 0 I 0 0 i 100.0 0 1 0 0 1 100.0 0 0 0 0 0 0.0 0 1 0 0 1 100.0 0 1 0 0 1 100.0 0 7 0 0 7 100.0 0 7 0 0 7 100.0 0 3 0 0 3 100.0 0 0 1 0 1 100.0 0 0 11 0 11 100.0 0 3 0 0 3 100.0 0 0 i 0 i 100. 0 0 5 I 6 100.0 I 0 0 0 0 0.0 Run: 2-Sep-97 20:41 0FF01 Primary I$N'$ only: No Date ReDorted range: 07/26/97 - 08/25/97 T~nge each day: 00:00 - 23:59 W Dispositions: A-Il Activity codes: All Officers/Badges: All Grids: All ACT ACTIVITY CODE DESCRIPTION M8199 CRUELTY TO ANIMALS-OTHER N1310 DISTURBING PEACE-FE-STALKING-UNKNOWN N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT N3070 DISTURB PEACE-MS-PUBLIC NUISANCE N3190 DISTURB PEACE-MS-FJ%RRASSING COMMUNICATIONS P2120 PROP DAMAGE-GM-PUBLIC-LTNK INTENT P3110 PROP DAMAGE-MS-PRIVATE~U~TK INTENT P3310 TRESPASS-MS-PRIVATE-UNK INTENT P3~LITTER-UNLAWFUL DEPOSIT OF GARBAGE-MS Q1226 STLN PROP-FE-POSSESS-V~HICLES-2500-34999 Q2298 STLN PROP-GM-POSSESS-OTH PROP-201-500 TC169 THEFT-501-2500-FE-WATERCRAFT-OTH PROP TF029 THEFT-201-500-GM-BUILDING-OTH PROP TF159 THEFT-201-500-GM-MOTOR VEH-OTH PROP TF168 THEFT-201-500-GM-WATERCRAFT-GRAIN TG021 THEFT-LESS 200-MS-BUILDING-MONEY TG028 THEFT-LESS 200-MS-BUILDING-GRAIN TG029 THEFT-LESS 200-MS-BUILDING-OT~ PROP TG159 THEFT-LESS 200-MS-MOTOR VEH-OTHER TG169 THEFT-LESS 200-MS-WATERCRJtFT-OTH PROP U2OTHEFToGM-ISSUE-DISHONORED CHK-501-2500 U3288 THEFT-MS-SHOPLIFTING-200 OR LESS U3497 THEFT-MS-BICYCLE-NO MOTOR-201-500 MOUND POLICE DEPARTMENT Enfors Offense Re~ort OFFENSE ACTIVITY DISPOSITIONS Page 2 ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT REPORTED FOUNDED OFFENSES PENDING ARP. EST ARREST CEPTION TOTAL CLEARED 100.0 0.0 100.0 100,0 50.0 0.0 25.0 100.0 50.0 100.0 100.0 0.0 100.0 0.0 100.0 100.0 0.0 0.0 0.0 0.0 100.0 100.0 0.0 K'~n: 2-Sep-97 20:41 OFF0! Priory ISN's only: NO Daue Reported range: 07/26/97 - 08/25/97 T~me range each day: 00:00 - 23:59 Dispositions: All Activity codes: All Officers/Badges: All Grids: All MOUND POLICE DEPA/~TMENT Enfors Offense Report OFFENSE ACTIVIT"f DISPOSITIONS Page 3 ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JL~;ENILE BY EX- PERCENT CCDE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED U3498 VA021 VA022 W3980 W3999 X3190 X3250 X3360 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS 5 0 5 4 0 1 0 1 20.0 THEFT-FE-AU/Y)-MORE THAN 2500 1 0 1 1 0 0 0 0 0.0 VEH-MORE THAN 2500-FE-THEFT-TRUCK-AUTO 1 0 1 1 0 0 0 0 0.0 WEAPONS-MS-OT~ER ACT-FIREWORKS-NO CHAR 1 0 1 0 0 1 0 1 100.0 WEAPONS-MS-OTHER ACT-OTHERT~fPE_~W PURPOS 1 0 1 0 0 0 1 1 100.0 CRIM AGNST ADMN JUST-MS-FALSELY REPORT CRIME 1 0 1 1 0 0 0 0 0.0 CRIM AGNST ADMN JUST-MS-VIOL ORD PROTECTION 3 0 3 0 3 0 0 3 100.0 CRIM AGNST ADM JUST-MS-VIOL HARP. ASS REST ORDER 1 0 I 0 1 0 0 1 lC **** Report Totals: 116 i 115 33 42 30 10 82 71.3 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 September 4,1997 Greg Skinner PW Superintendent August Activity Report Allied completed the sealcoating in Three Points on the 7th and we swept it up the week of tine llth. Ne are pleased with their work. He will start patching for next years sealcoating in the Shirley Hills, and lonkawood area's in September. We spent 2 days hauling rock from Bryant Rock in Chaska. They are closing the bottom pit and a sale on 3/4 minus. With some of the heavy rains we have found some storm sewers that need repairs. Jim has been in contact with the bJater Shed and DNR to obtain permits for these repairs. 3erry and Bob have been locating and tieing off gatevalves and water services. He also had 2 water lines that need repair. Both leaks caused the street to settle. Damon has been working with Tri-State to finish repairs on one liftstation that was damaged ir, one of the storms. ~ith the heavy rains that we have had we were not called out for any high wate~~ alarms at the liftstations. This looks like we have eliminated flow from sump pumps. Kevin Sorbo Day was great. Everyone did a great job. printed on recycled paper CITY OF MOUND 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 September 2, 1997 TO: FROM: MAYOR, CITY COUNCIL AND CITY MANAGER JOEL KRUMM, LIQUOR STORE MANAGER SUBJECT: AUGUST 1997 MONTHLY REPORT August was a horrible month. Again, the weather did not live up to what it was a year ago. Sales this August were $167,640. Last year in AugUst sales were $176,609. Keep in mind however, that last year's August sales were the best month ever in the history of the store. It is not always easy breaking records at will, let alone match them month to month. But we do try. So with eight months gone by we stand even with where we were a year ago. Remember, the weather has not cooperated plus there is another factor to consider. Some of our beer distributors have dropped their prices to us, lower than what they were a year ago. Consequently, we lower our prices to the customer with the intent of staying competitive. The consumer though, still buys the same item and not any more. Therefore, you have a situation where the customer is buying the same usual thing but with a smaller ring at the cash register. We should count our blessings. I have talked to other people in the industry who are experiencing the same thing yet their sales are down from a year ago. The one good thing about this is that we are experiencing the same number of customers as a year ago. Even if this trend continues through December, there is no need to panic. I think we will be more profitable than last year because I see our sales of higher margin items such as wine and cigars on the rise. JK:ls printed on recycled paper CITY OF MOUND SEPTEMBER 5, 1997 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: JIM FACKLER, PARKS DIRECTOR SUBJECT: AUGUST 1997 MONTHLY REPORT PARKS; August is always the month that the summer programs end and the Parks crew can begin making repairs. This month brought some vandalism to three of our play structures that is going to consume a little time for maintenance. We had a slide damaged by a large chunk of concrete being dropped on it repeatedly, a side to a platform pushed out, a crawl tunnel burned and a spring mounted car cracked. I hope to have all the new replacement parts in this Fall so they will be ready for Spring. As you are all aware the dedication of Sorbo Park went off very well. The Parks crew did allot of work in preparing the park so that it would provide a nice atmosphere. The Summer Recreation program did not finish until August this year, prior years it had ended in July. Also the lifeguards were scheduled for more hours at the beaches. CEMETERY; The cemetery had two burial. TREE REMOVAL; There were two hazardous trees that were marked on private property and we were working with the home owner for the removal. The storm that we had in July caused a great deal of damage to city trees. The count is not in yet and I believe that the City Finance Director is looking into some funds from the State to help in the cost. DOCKS; The dock inspector has been busy inspecting all the dock site locations for adherences to code. With Fall coming the program does slow, but will soon pick up again with inspections for winter dock storage. 02/19/i995 82:29 612--4724435 TBM REESE PAGE LAKE MINNETONKA CONSERVATION DISTRICT 2500 SHADYWOOD ROAD, SUITE 19 · EXCELSIOR, MINN~[SOTA 55331 * TELEPHONE 61~Ja71-9588 - f:AX 612/471-0632 Gregory $. Nybeck. EXECUTIVE DIRECTOR BOARD MEMBERS Douglas E, Babcock Chair, Tonka Bay Tom Reeve Vice Chair, Mound Bert Foster Secreta~/, Deephaven Craig Nelson Treasurer. Spring Park Bob Ambrose Wayzata Kent Oahlen Minnetonka Beach Tom Gilman Excelsior Gretchen Maglich Minnetonka Eugene Panyka Minnatrista Robert Rascop Shorewood Hem J. $ueah Woodland Shel0on Weft Greenwood Orono Victoria TO: MOUND CITY COUNCIL DATE: SEPTEMBER4, 1997 FROM: TOM REESE, LMCD REPRESENTATIVE SUBJECT: AUGUST REPORT- LMCD 1.0 General Items 1.1 The Management Plan. The double change in executive directors, the office move, the hiring of a new technician, the emergence of the Zebra Mussel threat, and the large turnover in Board members have all served to put the emphasis on the execution of the 1992 adopted Management Plan on hold. At a workshop held 9/3, interest in getting this implementation back on track was renewed. Plans were laid for a general review and update of the Plan by the entire board. · 1.2 The Boathouse. Some interest remains in setding this issue short of continuing litigation. We have been instructed to refer all contacts to thc lawyers. 13 Orono has appointed Lili McMillan, a present member of their Planning Commission, to be their representative to the LMCD. 1.4 A high water emergency was terminated 8/30 2.0 Exotic Species Task Force. 2.1 The harvesting season is over. A total of 657 acres were harvestcd. The ec~uipment has been serviced and retired to winter storage. 2.2 We wall b¢ looking into the use of a GPS system for locating areas to be harvested next year. Henncpin Parks and the County have systems that we can try out. 3.0 Water Structures None 4.0 Lake U~e. 4.1 An ordinance is being prepared that will return to the LMCD, the permiuing of special events. With all events going only through the sheriff, it became difficult to keep track of the many fishing contests, and the ensueing questions and involvements that they raise on the lake. 5o% Re~,O Come. m $.0 Mound Specific Items 5.1 Steve Fames has asked once more that slow buoys b¢ placed to tP.r~tcct his property on Deering Island from erosion. It was denied feeling h~lt other remedies such as rip-rap and the restoration of vegetation, which ,~~may have had a hand removing are available. Mound Representative fc. D. Babcock, G. Nybeck Web Page Address: http:llwww.winternet.coml-lmcd/ E-mail Address: Irncd(~winternet.com DOCK AND COMMONS ADVISORY COMMISSION MINUTES August 21, 1997 Present were: Mayor Bob Polston, Commissioners Frank Ahrens, Jim Funk, Mark Goldberg, and Dennis Hopkins. Parks Director Jim Fackler, Dock Inspector Tom McCaffrey and Secretary Clare Link and the following interested citizens: Sharron & Bob Riebe, Tom Stueve, Burt Carlson, Bruce Franum, Karl & Julie Weisenhorn, Rita Pederson, Michelle Olson, Mike Aspelin, Bob Breve and Dan Jensen. Those absent and excused were: Gordy Tulberg. Dennis Hopkins arrived late. MINUTES Motion made by Polston, seconded by Ahrens to approve the minutes of the July 17, 1997 Dock and Commons Advisory Commission meeting as written. Motion carried unanimously. AGENDA CHANGES There were no changes to the agenda. PUBLIC LAND PERMIT APPLICATION - TOM STUEVE, 1737 CANARY LANE Fackler stated this is an after-the-fact permit. The applicant is seeking a permit to replace trees cut and removed without authorization by the City. Staff is recommending approval with certain conditions. Tom Stueve, 1737 Canary Lane stated he didn't cut any trees down but trimmed them. He stated the compromise is agreeable to all parties involved. He stated four trees being planted will help replace trees which fell during a storm. Ahrens asked if trees were trimmed for a better view. Stueve stated he trimmed low lying brush to allow thicker growth. Fackler stated staff was called to the site by a complaint from a nearby resident. He stated he worked with Stueve and the City Attorney to develop a plan that would be agreeable to all involved. Stueve explained where the trees will be planted on the site. Ahrens asked for clarification of the complaint which Fackler explained. Goldberg asked if the main issue is that he didn't get approval ahead of time. Fackler stated it would be a benefit to accept the compromise proposed. He stated it is always hard with an after- the-fact, because you don't know exactly what was there before. Ahrens stated he recognized residents should come before the City with their plans to trim, but they should also be allowed to do proper trimming when needed. Motion made by Funk, seconded by Ahrens to accept staff,s recommendation. Motion carried unanimously. Ahrens asked who would be doing the work. Stueve stated he would be doing the planting but will contract out the trimming. CONTINUED DISCUSSION: ENCROACHMENT POLICY FROM THE JULY DCAC MEETING Goldberg reviewed the draft policy and flow-chart and discussed proposed changes. He highlighted comments made by the City Attorney on the proposed changes to the policy. Carl Weisenhorn, Bluebird Lane asked for clarification of which structures are included. Goldberg stated most of the structures are already non-conforming structures. Bob Breve, Avocet Lane asked what the specific intent of rewriting the ordinance is. Goldberg stated the intent is to establish a policy where there aren't safety, public use, or aesthetic view problems, structures will not be addressed. Julie Weisenhorn, Bluebird Lane asked if there are any provisions for people who are not abutting the Commons. Goldberg stated structures cannot be built. Polston stated it is not the City's intent to issue any type of permit to build a structure on the Commons. It is their intent to restrict encumbrances in this area because of the public use. There were structures built prior to the ordinances that are there and have existed for a number of years. These will be treated fairly by allowing them the same latitude and afford them the same benefit of maintaining the structures if they are not a threat to the health, safety, and welfare of the public. Mike Aspelin, Eaqle Lane asked for clarification of state legislature. Goldberg discussed the City Attorney's comments on state legislation. He also explained what is meant by structural changes. Commissioners discussed the value of structures and when a structure cannot be improved. Aspelin believed what is being proposed is vague, and anyone with a boathouse would never get rid of it. Goldberg believed a number of structures have been removed over the years. Fackler stated two have been removed over the past few years. Goldberg noted there are 280 encroachments on the Commons. Ahrens didn't believe the policy is ready to pass on to the City Council at this point based on comments made by the City Attorney and Building Official. Goldberg reviewed language suggested by the City Attorney which would be incorporated into the policy. City of Mound Docks and Commons Advisory Commission August 21, 1997 Page 3 The 3rd "Whereas" would read: "The city holds and manages the public commons in trust for the benefit of all users." The 4th "Whereas" would read: "However, such management does not exclude a recognition of the unique position of abutting property owners, especially in instances where those owners or their predecessors have constructed and maintained structures within the public commons in reliance on their right to do so." Under the section of "Be it Resolved That", bullet point #2 would have the following language inserted: "For instance, the City will not deny approval of maintenance that would otherwise be approved for non- conforming structures that are not on commons." Number 5 would have the following language inserted: "The permit process and decision criteria would be the same as that for non-conforming structures that are not on commons provided none of the above conditions are violated. City code 350:420 would be applied in both instances." Commissioners discussed a proposed permit fee and who is responsible for inspections. Fackler stated the daily inspection would be done by the dock inspector; if a permit is applied for, the Building Official would do the inspection. Both the Building official and Dock Inspector would inspect any renewal permits. Ahrens believed a permit fee would have some merit. He suggested $10-$15. Polston suggested tying the fee structure to the same rationale as a building permit. Funk agreed a fee should be assessed to cover costs. Funk believed the issue of determining value could become a problem in the future. There needs to be a way to establish value and who will determine value. Ahrens suggested holding back Exhibit J and moving the policy and flow-chart on to the City Council. Value could be addressed in Exhibit J. city of Mound Docks and Commons Advisory Commission August 21, 1997 Page 4 Polston suggested making a recommendation on the flow-chart and policy which includes some kind of value recommendation as well. Fackler stated the Planning & Inspections Dept. has a way to establish a value for different improvements. Polston discussed the Commission's recommendation and urged them to not make an incomplete recommendation to the City Council. The fee structure and value recommendation need to be determined using the basis in code and law. Funk agreed the permit and value are major issues. Motion made by Polston, seconded by Ahrens to request the Building official and city Attorney to establish a basis for permit fees and value determination and develop a draft policy with the changes as proposed. Motion carried unanimously. CONTINUED DISCUSSION: DOCK CONSTRUCTION DESIGN AND WINTER DOCK STORAGE FROM JULY DCAC MEETING Ahrens believed staff was asked to work on this item and bring back recommendations. Fackler noted the Dock Inspector wrote a recommendation on this and believed it was forwarded to the City Attorney. He stated he will check on the status. Ahrens noted there is a winter dock storage ordinance, but it lacks enforcement. CONTINUED DISCUSSION - FISHING DOCKS Commissioner Hopkins arrived at 8:50 p.m. Ahrens suggested this be continued until Commissioner Hopkins can be present. Motion made by Polston, seconded by Ahrens to table this item to the September meeting. Motion carried unanimously. CARRIED OVER DISCUSSION: SHARED DOCK APPLICATION Tulberg reviewed a notice which will be sent out to allow combined use docks. Fackler noted it did go out with the application. The letter to applicants and application form will be revised and copies given out at the next meeting. City of Mound Docks and Commons Advisory Commission August 21, 1997 Page 5 Motion made by Tulberg, seconded by Ahrens to recommend approval of the shared dock application and differentiate between a shared dock and primary dock and to direct staff to clarify the application. Motion carried unanimously. Commissioners discussed promoting shared docks through drawings and publicity. Giving WESTONKA dollars was suggested. Motion made by Tulberg, seconded by Goldberg to recommend that $50 in WESTONKA dollars be given on April 1, 1998, with funding from the Dock Fund. Motion carried unanimously. DISCUSS DATES FOR MEETINGS TO INVITE DOCK SITE HOLDERS AND ABUTTING PROPERTY OWNERS TO DISCUSS: ae Proposed new multiple slip dock sites at Avalon and Devon Accesses. Evaluate current multiple slip dock sites at Pembroke, Fairview and Amhurst Accesses. Goldberg discussed the need to meet with residents abutting multiple slip dock sites at several locations. He suggested adding Roanoke access to the discussion. He suggested one meeting for current dock sites and one for new dock sites. He suggested Saturday morning as was done in past years in late October and early November. Fackler suggested breaking down the number of sites at the September meeting. Tentative dates were selected - October 4 for current slips (Pembroke, Fairview and Amhurst) and October 18 for new slips (Avalon, Devon and Roanoke). AGENDA CALENDAR For your information. FYI REPORTS city of Mound Docks and Commons Advisory Com/nission August 21, 1997 Page 6 ~DJOURNMENT MOTION made by Polston, seconded by Ahrens to adjourn the Dock & Commons Commission Meeting at 9:15 p.m. Motion carrie4 unanimously. Chair, Mark Goldberg Attest: MINUTES OF A MEETING --/~C MOUND ADVISORY PLANNING COMMISSION AUGUST 25, 1997 Those present: Chair Geoff Michael, Commissioners Orv Burma, Frank Weiland, Jerry Clapsaddle,, Becky Glister, Gerald Reifschneider, and Council liaison Mark Hanus. Absent and Excused: Michael Mueller, Bill Voss. Also present: Building Official Jon Sutherland, and Secretary Kris Linquist. Public Attendance: Mike Looby, Mark Saliterman, Beth Saliterman, Mark Thiede, Linda Dreyer, Christine Fitz, Sandy Wing. MINUTES - APPROVAL OF THE AUGUST 11, 1997 MINUTES OF THE PLANNING COMMISSION MEETING. MOTION by Weiland, seconded by Clapsaddle to approve the Minutes of the August 11, 1997 Planning Commission meeting. Discussion Burma stated that in the minutes of August 11, 1997, on page 5 under Commissioner Questions second sentenance the "will" should not be in the sentenance. The corrected sentenance should read, "There would only be the front yard variance." The vote to approve the Minutes as amended carried 8-0. BOARD OF APPEALS: INFORMAL PUBLIC HEARING: CASE # 97-38: CONDITIONAL USE PERMIT, WESTONKA PUBLIC SCHOOLS (ECFE), 5241 SHORELINE DRIVE, LOTS 7-20 & 26- 35 & ALL VAC ALLEY & PARKING AREA & PARK, BLOCK 1, PID 13-117-24 34 0072. Building Official, Jon Sutherland, reviewed the case. BACKGROUND: Westonka Public Schools have submitted an application for a conditional use permit to allow an educational facility in the B-1 district. The property is located at 5241 Shoreline Boulevard in the Jubilee Shopping Center which is at the comer of Shoreline and Wilshire Boulevards. The proposed office space consists of 6,708 square feet which includes the space formerly occupied by the Headliner and the space currently occupied by a printing shop. The building space will have three public entry/exit doors, one in the front of the shopping center, and two in the rear of the building along Eden Road. Westonka Public Schools plan to conduct the following functions: a preschool, and early childhood family education and early childhood special education center. This facility would serve approximately 88 children with 10 staff persons. Minutes - Mound Planning Commission August 25, 1997 The space was previously leased by the Headliner Bar and Grill. The business received a parking space variance due to the floor area and the limited number of parking spaces in the hopping center, The variance allowed the Headliner to operate wire 31 spaces. As noted in the application, Westonka anticipates needing 49 spaces during the day for their operations. COMMENTS: Public education facilities are permitted in the B-1 district as a conditional use providing conditions are satisfied. These conditions which may be considered include but are not limited to the following: 8. 9. 10. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. That the establishment of the conditional use will not impeded the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed used. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The use is not in conflict with the policies plan of the City. The use will not cause traffic hazards or congestion. Existing adjacent uses will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. Zoning code regulations for the business relate to parking spaces. The code requires 20 spaces based on 6 classrooms and 88 students. The proposal to use 49 of the 51 spaces approved for the Headliner would exceed parking requirements. One of the primary objectives in running a daycare and preschool facility is to provide a safe environment for children to learn and interact. Meeting this objective is an issue that reaches further than the classroom walls and into the external surroundings of the site. Child care facilities will, when available, look for conflict with other businesses which could have an affect on the child care facility. Minutes - Mound Planning Commi~ion August 25, 1997 Staff concerns with the facility at this location are traffic safety related. The trips generated by the businesses in the Jubilee Shopping Center are predominantly auto related. Jubilee Foods, Domino's Pizza, Norwest Bank, and a liquor store produce a large amount of traffic. It has been observed that some cars drive through the parking area at speeds which are unsafe for the given conditions. What needs to be addressed is how to provide protection from car and pedestrian conflict during the drop-off and pick-up of children. The school indicates they will use Eden Road as a bus drop-off point. Children would exit the bus and enter the building from the rear. Presumably parents will pick-up their children in from of the building by waiting in front along the curb or parking and walking into the building. RECOMMENDATION: Staff recommends the Commission recommend Council approval of the Conditional Use Permit with the following conditions. These conditions are intended to protect the children from interaction with vehicular traffic on the site and on Eden Road. Eden Road will be used as the primary drop-off point. During drop-off, supervision will be provided to route the children into the building to avoid play behind the building or in the street. Speed bumps be placed in the traffic lane in front of the building to slow traffic. The size and placement of the bumps shall be approved by the City Engineer. Chair Michael stated the format for public hearings. Staff gives their report, Commissioners comments to staff, then the public hearing opens, and interested citizens can then speak. Commissioner Questions Reifschneider asked if the printing shop was leaving. Sutherland responded yes to the question. Larson Printing is purchasing and relocating on other property within the city. Clapsaddle inquired if there were requirements for outdoor recreation space? Sutherland stated not from the building code stand point. Looby stated that since parents are on cite that this facility , the main focus is on parent education and that a playground is not required. There will be preschool education on site and it would be desirable to have a outdoor playground but its not required. For the Commissions information, this site is not first choice. It is second choice since the Shirley Hills project is on hold. The Community Center is in dire need of repairs and it is not safe to hold classes there anymore. Sutherland stated that from a school board perspective that this is a temporary site for their educational needs. Saliterman didn't agree with the term temporary. He said the School District is signing a long Minutes - Mound Planning Commission ~4Ugust 25. 1997 term lease and is going to be spending well over $150,000 to do improvements. Looby stated they have agreed on a five year lease at this point. Included is a clause in the lease to be able to leave after two years. It could be a 2 year venture or a 20 year, it just is not clear at this point. It's the schools desire to hold classes on school grounds. He reiterated the condition of the Community Center. This location would also hold adult learning classes, alternative school children classes. Being on a school site is not a current option for them right now. Weiland asked if we spend $100,000 now, how much would we put into it in ten years? Looby stated that the lease arrangement was favorable. The $100,000 dollars would cover getting the building up to code to house an educational site. Chair Michael asked Sutherland or Hanus to update the Commission on the status of the Community Center. Hanus stated that the City Councils of Mound, Minnetrista as well as the School Board continue to meet on a fairly regular basis. The current estimates have come in and they are substantial enough that the task force felt it was too big of a decision to make on the Council behalf alone. They chose to do a very abbreviated survey of the communities involved in the school district. Results should be in the second week of September. The next task force meeting will be mid-September. They then will get a report from the professional surveyor as to the results of survey, what it means, how it is analyzed, things of that sort. If the results are of the type that would require a referendum then that is what would happen. There are measures within the survey to determine how informed the respondent is. Referendum if it happens hoped to take place in November or December. It takes about 60 days to put a referendum together. This survey is suppose to be within a 5 % accuracy rate. Reiterate, the figures have been posted a number of times in the paper. Saliterman asked what figures that were being talked about to renovate the Community Center. Hanus stated there are some base numbers and then there are some options. He directed the question to Mark Thiede, the Architect for ECFE, he stated the base number is slightly over $5 Million and the total project is about $9.1 Million. Hanus stated that if the project came back on a positive note, with all that is involved with the renovation, the earliest start date would probably be next summer or even late summer. Clapsaddle stated the Commission was not sticking to the issue of the conditional use permit. Would like to make a motion for approval. Chair Michael stated that the Commission got a little bit ahead of ourselves. Asked for any more questions of staff. Hanus inquired on whether this type of use should be located so close to a liquor store. There is not a ordinance against it. He also inquired about the traffic in front of the building. Looby stated that the minibuses would be entering and exiting on Eden Road. The only traffic in the front should be that with parents escorting their children. Sutherland stated that directly in front Minutes - Mound Planning Commi~ion August 25. 1997 of the building there may be a f'u'e lane. Reifschneider raised the question of parking spaces. Expressed concern that there would not be enough spaces if all the parents were there at once. Sandy Wing, Program Coordinator for ECFE, stated that during the week in the morning most students arrive on the bus. Most of the traffic occurs in the morning. Possibly 3 nights a week with less traffic, and occasionally on the weekends with a few cars maybe 8 or so. Chair Michael opened the floor up to the public. Saliterman stated that there is additional parking on the east side of the building by the liquor store were staff could park. Clapsaddle questioned if there was enough parking for the school. Sutherland stated that according to the planners report they have more parking than they need. Weiland pointed out that Headliners had a variance for parking spaces. Saliterman explained the proposed improvements, he is going to rebuild the from of the building, new doors, hvc units, ceiling tiles. This money would be spent whether the schools or some other retail goes into the space. He is paying all expenses in the building one hundred percent. He has calculated the schools rent accordingly. Christine Fitz, 2440 Avon Drive, a concerned parent, the building that the ECFE is currently in is very unsafe. The classrooms are falling apart. She would like to see this proposed site approved. Chairman Michael closed public hearing. Weiland made spelling corrections on page 14 of the packet. The "bee" has been changed to "been", the "non" has been changed to "none". He expressed concern with the state or city allowing the school to be placed next to a liquor store. He also expressed concern with the traffic that goes through the parking lot. He cannot vote yes for this. He would really like to see this site back on the school property. He is really concerned about the children's safety. Burma stated that he couldn't see anything in the permit in violation with the conditional use permit. The safety issue is a concern. He understands the situation the school is faced with and expressed support of the conditional use permit. Glister had a question for Mike Looby. She asked if they had investigated any sites outside of Mound. Looby stated that they did look at other sites, one was the Freshwater Biological Institute in Navarre. They are looking at that site for adult classes. It could not be used for child education, the Institute does not have handicap accessibility, or an elevator, it lacks a sprinkler system, the building is 25 years old. The school does have to stay within the school district area. Reifschneider stated that he feels that this is the wrong building for children. There is a lot of Minutes - Mound Planning Commi~ion August 25, 1997 traffic coming and going from this area. It is a commercial district. He would be opposed also if a karate school would want to go into the same site. Chairman Michael questioned that if the Conditional Use Permit could have a time constraint of less than one year be written into the conditions. Sutherland stated that there have been renewal requirements in the past, and it would have to be researched. Hanus asked if there was any provision in recommendation to restrict the drop off area in the front of the building that was discussed earlier, in addition to the safety issue. Sutherland said it could be added. He suggested the applicant could also address this issue. Hanus stated that he would like to make a recommendation to the issue. On page 15 under the recommendation section of the staff, add item number 3. Stated as, "No parking or drop off will be permitted directly adjacent to the sidewalk on the front side of the building." Saliterman expressed that everyone is concerned with safety. He recommended that the city staff, school board, and himself work on a safety plan. Possibly adding stop signs, adding panic doors, speed bumps, or other safety items. Clapsaddle feels that the exit could be moved to the side of the building instead of facing the street. Looby stated that other school districts have done the same thing in their school districts. It provides a non-threatening environment for adults and parents to come for parent education. The school would like to have this on a school site but right now there is not a site available and they have immediate needs. Clapsaddle in looking over the site plan, feels that the school should review the site plan and maybe come up with a better design. Chairman Michael stated that there is a daycare on Highway 12 that does real well. He can't see that this proposal will be a long term one. MOTION by Clapsaddle, seconded by Burma, to recommend approval for a Conditional Use Permit. Chairman Michael added item #3 on page 15, "No parking or drop off will be permitted directly adjacent to the sidewalk on the front side of the building." Clapsaddle also added that there should be a reevaluation of the plan by city staff and the applicant to look for higher safety factors. Chairman Michael asked the seconder to concur with the amended motion, Burma concurs. The vote was caUed, the motion carried 5-2, Weiland and Reifschneider opposed. Minute~ - Mound Planning ContrnL~on August 25, 1997 Hanus strongly suggested that if any safety issues are addressed that they should be done before the City Council meeting. This case will go to City Council September 9, 1997. Meeting of Whole was cancelled. Hanus raised a question as to whether or not the Planning Commission should be involved in the downtown development that the commission should be involved in the tax increment issues. First question was if the commission should be involved and secondly what should the role of the commission should be. No comments where expressed. Reifsclmeider asked when the dredging going to start. MNDOT is involved with this, its going to be sometime before dredging will begin. Hanus stated that the destruction of property along Auditor's Road should start within 2 weeks. MOTION by Weiland, seconded by Clapsaddle and carried unanimously to adjourn the meeting at 8:45 p.m. Chair, Geoff Michael Attest: Please invite ,~ll city employees and cotmcil members to this comnnmity event to honor our Business Pex~on oi' the Year...P~tty Guttonnson Pa~y is an agent with Wiser Insurance Agency in Mo~d. She is ~ con~nitted and valuable vohmteer for the Westonka Chamber and the West, onka Arem Please suppo~, this event, HONE: 471-0768 Planning Commission Minutes September 8, 1997 MINUTES OF A MEETING MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 8, 1997 Those present: Chair Geoff Michael, Commissioners Orv Burma, Frank Weiland, Bill Voss, Michael Mueller, Gerald Reifschneider and Council liaison Mark Hanus. Absent and excused: Becky Glister and Jerry Clapsaddle. Also present: Building Official Jon Sutherland, Assistant City Planner Loren Gordon, and Secretary Kris Linquist. Public Attendance: Mitch Knutson, Merritt Geyen, Peter Jacobson, Tom Kelly, Richard & Connie Meyer, Bill Johnsen, Nancy Cambell, Eric Berglund, Ron DeVinney, Dorothy Netka, William Netka, Paul Larson, Sid Levin. MINUTES - APPROVAL OF THE AUGUST 25, 1997 MINUTES OF THE PLANNING COMMISSION MEETING. Reifschneider had one change, on page 1, change Burma to Reifschneider. MOTION by Weiland, seconded by Burma to approve the Minutes of the August 25, 1997 Planning Commission meeting. BOARD OF APPEALS: #97-46: SETBACK VARIANCE FOR AN ADDITION, 6547 BARTLE I I BOULEVARD, MITCH KNUTSON, LOT 18, HALSTEAD HEI~GHTS, PID 22-117-24 44 0037. Building Official Jori Sutherland reviewed the case. Mitch and Asha Knutson have a applied for a side yard setback of 4' to build an addition and attached garage to their home. Staff Recommendation: Staff recommends the planning commission recommend approval of the variance request as proposed, with the conditions as follows: 1) 2) The deck and encroaching shed located on the accessory structure on the street side shall be removed prior to the building permit issuance. The detached accessory structure on the street side shall not be used as a dwelling or rental unit and or permit residence. Planning Commission Minutes September 8, 1997 Comments Reifschneider added to #1 under the recommendation that the gravel driveway to the small dwelling be removed. MOTION by Reischneider, seconded by Voss to recommend approval of staff recommendation with the addition to #1 for the gravel driveway to be removed. The motion carried 5-1, Weiland opposed. PROPOSED RESOLUTION gO7- RESOLUTION TO APPROVE A SETBACK VARIANCE FOR AN ADDITION AT 6547 BARTLETT BOULEVARD, LOT 18, HALSTEAD HEIGHTS, PID 22-117-24-44 0037 P & Z CASE//97-46 WHEREAS, the applicants Mitch and Asha Knutson have applied for a side yard setback of 4' to build an addition and attached garage and bedroom addition to their home; and, WHEREAS, the current and previous owners have for some time tried to provide for a garage on the site; and, WHEREAS, the subject property is located in the R-1 Zone which, according to City code, requires a lot area of 10,000 square feet, a 30 foot front yard setback, side yard setbacks of 10 feet, and a 15 foot rear yard setback; and, WHEREAS, the property is not a lot of record as the two previous parcels were combined recently; and, WHEREAS, the exiting dwelling is small in size, its location on the site limits the buildable footprint and this coupled with the limiting topography on the lake side create some practical difficulty for the reduced side yard setback; and, WHEREAS, the proposed attached garage and bedroom addition match the architecture of the dwelling and the positioning of the existing dwelling makes it difficult to locate an addition that allows for adequate area or suitable entry into the dwelling without a major impact to the existing structure; and, WHEREAS, the larger garage also provides for additional storage for the lake shore property; and, WHEREAS, the staff recommendation is to approve the variance request with two conditions and the Planning Commission also recommended approval with the conditions on a 5-1 vote. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The City Council does hereby approve a 4 foot side yard setback variance to allow the addition of an attached garage with an addition subject to the following conditions: Proposed Resolution Mitch Knutson September 9, 1997 Page 2 ao The deck and encroaching shed located on the accessory structure on the street side shall be removed prior to the building permit issuance. bo The detached accessory structure on the street side shall not be used as a dwelling or rental unit and/or permanent residence. The gravel driveway leading to the small dwelling, which will now be known as an accessory building, be removed. 2. This variance is granted for the following legally described property: Lot 18, Halstead Heights, PID 22-117-24 44 0037 3. 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 the property may be used. 4. 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 , seconded by Councilmember. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk 5341 MAYWOOD ROAD CITY OF MOUND (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA PZ# 96-26 NOTICE OF A PUBLIC HEARING TO REVIEW A CONDITIONAL USE PERMIT ISSUED JULY 9, 1996, TO ALLOW A MINOR AUTO REPAIR BUSINESS FOR MEYER'S MOUND SERVICE LOCATED IN THE B-1 CENTRAL BUSINESS DISTRICT, 2620 COMMERCE BLVD., LOTS 1, 2, 3, & S 1/2 OF 47, 47, 49, BLOCK 9, PID 23-117-24 14 0043 & 0050. NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Hennepin County, will meet in the Council Chambers at 5341 Maywood Road, Mound, at 7:30 PM, on Tuesday, September 23, 1997 to review the Conditional Use Permit to Allow a Minor Auto Repair Business at 2620 Commerce Boulevard, located within the B-1 Central Business District. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Linda Strong, Deputy City;Clerk Mailed to property owners within 350 feet of affected property by September 12, 1997. Published in the Laker September 13, 1997. printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: September 5, 1997 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official ~- AUGUST 1997 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 56 building permits issued in August for a construction value of $873,125. We issued 40 plumbing, mechanical, and miscellaneous permits for a total of 96 this month, and 521 permits year-to-date. Total valuation now stands at $4,716,656. PLANNING & ZONING The Planning Commission reviewed six cases and sent on 5 variances and one conditional use permit case to the City Council. kl printed on recycled paper SEP-0~-1997 i 08: 4~ HENN COUNTY ,Jim Ramstad ' Invites You To Attend His Fall Town Meet{ngs Monday. Sevtember 29, Mound City Hall Council 5341 Maywood Road 7:00 - 8:00 p.m. ,1[ P. 01/01 ~11t~ Illj' Monday, October 1.q 1Vlinnetonka City Ha~l Community Room 14600 Minnetonka Blvd. 7:00 - 8:00 p.m. Knights of Columbus 6201 West 135th Street 7:00 - 8:00 p.m. .Monday, October 27 Zanewood Community Building 7200 Zane Avenue North 7:00 - 8:00 p.m. For Further In for. mat. ion: Call 881-4600 I IIIIIIII Senior Interns work with Ramstad, Eugene and Dorothy Spika ofBurnsville, pictured here with U.S. Rep. Jim Ramstad, recently completed an internship in Jim's Washington office through the Close-up Foundation's Senior Intern Program. They helped with office operations, consulted Ramstad on Medicare and Social Security, attended a committee hearing and presented a paper on crime control and legal reform. IIII I I ·: ' E-Maih mn03@mail.hou~e.g°v .: http,.//www,house.guv/rarnstad/"' ' ' Congress of the United State~ House of Representatives Washington, D.C. 20515 Official Business Resident 3rd Congressional District Minnesota THIS NDXILING WAS FREP.-~RED, PUBLISHED, AND MAILED AT TAXPAYER EXPENSE. I M.C. Bulk Rate CAR-RT SORT TOTRL P.O1 PATRICK D. McGOWAN HENNEPIN COUNTY SHERIFF ROOM 6 COURTHOUSE 350 SOUTH FIFTH STREET MINNEAPOLIS,MN 55415 (6'i 2) 348-3740 FAX 348-4208 September 4, 1997 Edward Shukle, Jr., Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear Edward: I i, RECEIVED OFFICE OF THE SHERIFF Re: Please bring to the attention of city elected officials. The Hennepin County Sheriffs Office will be offering specialized law enforcement training to select members of the community. As an elected official in your community I am sure you are interested in learning more about law enforcement and the County criminal justice system. Accordingly, we are extending an invitation to elected officials and staff to participate in the Citizen Law Enforcement Academy. These classes are offered free of charge and will be held in October of 1997. Classes are three (3) hours long, with the exception of one Saturday class, and will run for eight (8) weeks. Instruction will be a combination of lecture, question and answer, demonstration, participation and tours. The class and subjects will be very similar to those taught to new deputy sheriffs and police officers. EXAMPLES OF SUBJECTS COVERED: Accident Investigation Child Abuse Civil Law Civil Liability Communications Court Procedures Criminal Investigation Crime Prevention Training Defensive Tactics DWI Enforcement and Procedures Evidence and Scientific Investigation Gangs Hostage Negotiations Jail Procedure and Tour K-9 Operations Mechanics of Arrest Narcotics Operations Patrol Operations Tactical Team Operations Traffic Stops Training Weapon Use Participation in these classes will give students a unique insight into law enforcement, as the Sheriff s Office is the third largest law enforcement agency in the State of Minnesota and is charged with enforcing both criminal and civil law. This class is a must for business leaders, elected officials, teachers, community leaders and interested taxpayers who want to know how law enforcement and the criminal justiCe system work from an insiders' persPeCtive. It is our hope to also learn from you. Recycled Paper 20% Post. Consumer Fiber The Sheriff's Office is looking for a representative cross section of the community to participate in this unique educational experience. Applicants must be twenty-one (21) years old. Due to the nature of the material presented, all applicants will be screened for criminal backgrounds. Classes will be held on Thursday nights from 6:45 to 9:45 p.m. for eight (8) weeks. The first night of class will be October 2, 1997 and will run through November 20, 1997. The location of the classes will change depending on the topic being taught. One or more classes will be conducted at the following locations: Law Enforcement Training Facility in Maple Grove, Sheriff's Communications Division in Golden Valley, Hennepin County Juvenile Justice Center in Minneapolis, City Hall/Court House in Minneapolis and the Sheriff's Patrol headquarters in Brooklyn Park. When each student successfully graduates, a certificate of completion will be awarded at a formal commencement ceremony. If you or someone in your organization is interested in this class, please complete the enclosed application form and return it to Captain Jim O'Shea, Hennepin County Sheriff's Office. Questions regarding the program may be addressed to Captain O' Shea at 348-7918. Warmest Regards, Patrick D. McGowan, Hennepin County Sheriff By: James B. O'Shea, Captain Hennepin County Sheriffs Office CITIZEN LAW ENFORCEMENT ACADEMY Application for Enrollment Nme (~ / ~ / md~e / m~dm) ' ~ S~t Ad&ess Home Phone City / Sram / Zip ~v~s Licmce Nmb~ ~e you a residmt of H~n~ Co~? How lo~? PI~ e~lam briefly ~y you aash to ~olI m ~e Ci~m Law ~orcmmt Acadmy. ...... '=': ': "' ~:' * '"-~ Pl~e ~ ~y ~sociafio~, cl~s org~ahom you belo~ to or ~e ~iated ~. We you ev~ be~ ~e~ed for, convicted of, or cit~ for ~ offen~ o~ ~t ~or =~c offences? ~S NO ~ yes,pl~ e~l~ on back of ~ee~ 1~ ~pmpdate ~tes, c~ges, places ~d c~ges. ~e~t ~ploy~ S~en-~or Yo~ rifle ~d&ess Tel~hone nmb~ Date ~ ~ ~f~mce Address Tel~hone ~gmcy Contact Rela~o~Np Tel~hone W~e you r~omm~d~ or advi~d to ~ply for g yes, by whom? ~mt to ~e aca~y? Yes~ No ~ · I h~eby c~y ~t ~e ~e no ~if~ mi~res~mfio~ omssion or t~sfficafions m ~e Mormmfion~ smtmenB ~d ~'~s. I =dmd ~t ~y omNsion or f~se mtm~u on ~s ~plicafion ~ be ~cimt ca~e for rQ~fion for ~o~mt or ~is~ from ~e H~N Co~ty Sh~Ws Ci~en ~w ~orcmmt Acadmy. I ~d~smd ~e is no c~ge for ~e Acadmy ~ if select~ for emol~ent, pledge ~e ~e co~immt to a~md. I f~ mdmd ~t ~e H~N Co~ Shes Office ~ conduct a c~ hstom ~d records check on ~ ~phc~m, ~e res~U ofwNch co~d be ~om~ for my rQ~fion. ' - Applic~t's Si~e Date Re~ completed applications to: H~N Co~ty Sh~Ws Office For more ~omafion c~: C~ O'Sh~ Ci~en Law ~orcem~t Acadmy Cap~ [~ O'Sh~ Room 6 CoYote 348-7918 ~po~s, ~ 55415 All applicants must be 21 years of age. Incomplete and br unsi~ed applica~'ons will not be considered. ~or~ ch~mk by: Date completed: Reco~hon: R'ECEJVED SEP _ 8 Lqg? LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, September 10, 1997 Tonka Bay City Hall CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Babcock READING OF MINUTES - 8/27/97 Regular Board Meeting 9/3/97 Workshop/Planning Session (handout) PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) 1. WATER STRUCTURES A. Warren & Julie McNeil, Consideration of Findings of Fact and Order for approval of side setback and length variances; B. Additional Business; LAKE USE & RECREATION A. Pheasant Lawn HOA, consideration of no-wake buoy request outlined in 8/18/97 memo; B. Discussion of LMCD Code Section 3.021, "High-Water Emergency" Declaration; C. Additional Business; EWM/EXOTICS TASK FORCE A. EWM/Exotics Task Force meeting scheduled on 9/12/97 at 8:30 a.m. has been cancelled; B. Additional Business; 4. SAVE THE LAKE FINANCIAL A. Audit of vouchers for payment; - 9/1/97 - 9/15/97 B. Additional Business; LAKE MINNETONKA CONSERVATION DISTRICT REGULAR BOARD OF DIRECTORS MEETING 7:00 P.M., Wednesday, August 27, 1997 Tonka Bay City Hall DRAFT .CALL TO ORDER Chair Babcock called the meeting to order at 7:32 p.m. RECEIVED SEP _ 8 11 _ ROLL CAL_~L Members present: Gene Partyka, Minnetrista; Tom Reese, Mound; Robert Rascop, Shorewood; Douglas Babcock, Tonka Bay; Craig Nelson, Spring Park; Bert Foster, Deephaven; Sheldon Wert, Greenwood; Bob Ambrose, Wayzata; Herb Suerth, Woodland. Also present: Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director; Nancy Randall, Administrative Technician; Members absent: Kent Dahlen, Minnetonka .Beach; Tom Gilman, Excelsior; Orono, Minnetonka, and Victoria have no appointed member. CHAIR ANNOUNCElVW~NTS Babcock stated a workshop/planning meeting will be held next Wednesday, September 3 at 6:00 p.m at the Grays Freshwater Center. Suerth introduced Woodland Mayor Jean Stark and Sara Colville from Gmveland HOA who were in attendance at the meeting. .READING OF THE MINUTF. q Rascop moved, Wert seconded to approve the minutes of the July 23, 1997 Regular Board meeting as amended. Babcock noted on page 2, agenda item c, the item was dropped from future agendas. Ayes (8), Abstained (1, Ambrose); Motion carded. PUBLIC COMMENTS Bob Schmitt, owner of Schmitt Marina, discussed some problems associated with renting his marina over the last few years. He stated his tenant, Sequel Corporation, has extended the non-conforming docks without LMCD approval. He added he has recently upgraded the electrical at the facility because the tenant did not make this improvement and NSP shut the power down. He noted LMCD staff has put this tenmit on notice to resolve the expansion and it appears as though they will be appearing before the LMCD in the near furore for consideration of the unauthorized changes. He circulated pictures taken of the facility that highlight his concerns. ..CONSENT AGENDA MOTION: Reese moved, Ambrose seconded to approve the Consent Agenda. Motion carried unanimously. Items so approved included the following: Item lA, Minutes from 8/8/97 EWM/Exotics Task Force meeting; Item 1E, Staff recommendation to approve uniform allowance for crew members and reimbursement for business lunch meeting as outlined in 8/5/97 memo; Item 2C, Willow Woods Corporation, staff recommending refund check of $95; Item 3A, Hennepin County Sheriffs Water Patrol significant activity report; and Item 3F, Holiday Fair, Inc. staff recommends the refund of $500 for preliminary investigation for intoxicating malt liquor and wine licenses. Lake Minnetanka Cons~vafion Dis~-ict P~e2 VOTE: Motion carried unanimously. EWM/EXOTICS TASK FORCE B. S/S/g/meeting report Suerth reported: · A GPS system is being discussed that would be used next year in identifying potential harvesting points and acreage using latitude and longitude. · The task force has expressed concern about the lack of response to the boat boat washing program. · A web site has been established by the office that discusses milfoil, exotics, and other related topics. Co 1997 EWM Harvest Season Final Report Strommen provided a final report on the 1997 EWM harvest season. He noted: The equipment operated well with an experienced crew. A total of 657.5 acres were harvested for the year. The historical heavy growth bays, such as Phelps and Carmans, were harvested earlier in the season with second cutting done in Phelps. · The combination of clear-cutting and channel-cutting was used. · The high-water situation during the season had impact on the amount of weeds being removed from the lake and the location of compost sites. · The daily and weekly harvester sheets were improved during the season to have more detailed and consistent data for future analysis. He complimented Randall for her efforts in this. · The potential use of a GPS system has been discussed and the idea of utilizing a GPS from Hennepin County for experimentation may be done yet this year. He encouraged feedback and questions regarding the project. Foster asked if the GPS system would be standard or differential.* Strommen stated he is unsure. Strommen discussed plans to improve the program next season. One area he discussed that he thought that has improved yet still needs further improvement is the coordinated cutting of the harvesters. He also stated the hiring of one additional crew member to assist in the off-loading will free the supervisor to stay on the lake and check on future harvest sites. Rascop asked if the program would be improved if a barge were used. Strommen stated the number one harvester is currently being used as a Wansporter and is working adequately. He suggested a smaller harvester may be purchased for smaller, tighter areas. Randall discussed the collection of data and the changes that were made mid-season. t ,aL ~x~ t ,L ,, Lake lVrmnetonka Consa-vafion ~ Page3 Do Ordinance Amendment, first reading of an ordinance relating to spec events on Lake Minnetonka, amending Lake Minnetonka Conservation District Code Section 3.09. Babcock asked if this is generally a reorganization of the previous ordinance? LeFevere indicated the proposed ordinance is generally the same as the previous one. He noted permitting should not be much of a burden unless the applicant is not happy with the conditions imposed by the Executive Director. He added if this is the case, the applicant may appeal it to the Board. He concluded the Executive Director may bring it before the Board if he believes it is necessary. Foster stated he believed the fees charged to the applicant cannot exceed the costs associated with processing and administering the application. Babcock stated he would like to see item p to Subd. lb. He proposed it to read "whether the event will increase the risk of introduction of an exotic six,es to the lake, or make control of an exotic species on the lake more difficult". MOTION: Rascop moved, Partyka seconded to approve the first reading of the ordinance amendment. VOTE: Motion carried unanimously. MOTION: Babcock moved, Reese seconded to amend the original motion to add item p to Subd. lb to state "whether the event will increase the risk of introduction of an exotic species to the lake, or make control of an exotic stx~cies on the lake more difficult". VOTE: Amended motion carried unanimously. AMENDED MOTION: Foster moved, Nelson seconded to add language to Subd. la wh/ch would res~ct setting fees to an amount determined by the Board periodically in an amount to recover estimated costs to administer the special event license applications. VOTE: Ayes (7), Nayes (2, Babcock & Reese); Vote on amended motion carried. VOTE ON ORIGINAL MOTION: Motion carried unanimously. Rascop recommended staff gather input from various organizations including the DNR, all current sIncial event permit holders, and the Water Patrol prior to the lake 1Wnmetonka Conservation District A 26, P~e4 second reading. He recommended this agenda item come before the Board at the 9124197 meeting. F. Additional Business There was no additional business. o WATER STRUCTURFS A. McNeil, discussion of public hearing for an application amending a previously approved variance for dock length and adjusted dock use area. Babcock discussed the original Bupp variance approval in 1991. At that time one boat was approve; however, two boats may be reasonable at th/s time. He suggested the boats be owned by the property owners. Partyka stated he believed the dock should be stopped at the extended lot line between Ms. Strot's and Mr. Mann's property. Rascop asked for clarification of lot lines in the water. LeFevere stated typically, the LMCD licenses docks that are below both the ordinary high and Iow water marks. He added this generally occurs because the two water marks are generally very close to each other. He noted in this case, the two water marks appear much further apart with an unknown ordinary low water level. He added the board may grant the application, as requested, because it is not the LMCD's responsfl)ility to determine where this mark exists. He stated the Board could allow the applicant flexibility so this application would not have to come back to the Board every time the bogs change. Board members concurred to give the applicant the flexibility to change the dock with a plan being submitted and staying within a specified area. MOTION: Foster moved, Rascop seconded to direct the attorney to prepare Findings of Order subject to the applicant providing an as built drawing, and the dock can be constructed in the area provided. VOTE: Motion carried unanimously. Bo Wayzata Yacht Club (site 2), discussion of public hearing for a variance application from Wayzata Yacht Club, Site 2 from LMCD side setback requirements. Rascop asked if this variance will work. MOTION: Rascop moved, Reese seconded to approve the Findings and Order prepared by the attorney for the variance application for Wayzata Lake l~-metonka Core. ration District l~e$ Yacht Club, Site 2 from LMCD side setback subject to an accurate dock dimensions on the site plan. The dock will not be counted toward density. VOTE: Motion carried. Foster abstained from voting. D. Additional Business There was no additional business. 3. LAKE USE AND RECREATION Bm Ordinance Amendment, second 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. Partylca stated he believed 100' charter boats are too large and would like to reduce the proposed lengths to 80-85'. MOTION: Rascop moved, Wert seconded to deny the 2~ reading of the ordinance amendment. Reese stated he believed a public hearing should be held to allow the public to comment prior to voting on the ordinance amendment. Babcock stated he recalled this was discussed at a previous meeting and the consensus of the board was against a public hearing. VOTE: Motion carried; (Ayes, 5; Nays, 4 (Nelson, Foster, Reese and Partyka). Ce Ordinance Amendment, first reading of an ordinance relating to the age of boat and personal watercraft operators; amending Lake 1Minnetonka Conservation District Code Section 3.17, Subdivision 3, Repealing Seciton 3.01, Subdivision 8, and adding new Section 3.17, Subdivision 15. Babcock stated this proposed ordinance amendment is to bring LMCD Code consistent with the current state law. MOTION: Rascop moved, Partyka seconded to approve first reading of the ordinance amendment, waive the second and third readings, and adopt the ordinance amendment. VOTE: Motion carried unanimously. Lake M~nnetonka Conserva~on District Pa~e6 Steve Fames letter, discussion on request to place no wake buoys 150 feet from shore around Deering Island as outlined in 8/8/97 memo. MOTION: Foster moved, Suenh seconded to deny the request to place no wake buoys 150 feet from shore around Deering Island. Foster discussed the motion. Rascop stated the erosion problem are self caused, because shoreline vegetation has been removed. The board discussed the removal of vegetation. VOTE: Motion carried unanimously. Suerth suggested staff be directed to forward the letter to the Water Patrol and contact the City of Orono regarding the removal of vegetation. Carol and Gene Dahlin, discussion on 7/18/97 memo regarding safety concerns on St. Aibans Bay. Reese stated this is an enforcement issue. Foster stated it may be a problem because there are quiet waters in Gray's Bay. Wert stated more than one neighbor should be giving input before anything is changed.. MOTION: Foster moved, Partyka seconded to direct staff to forward the letter to the Water Patrol and respond to the letter from the Dahlins. VOTE: Motion carried unanimously H. Additional Business There was no additional business FINANCIAL REH3RT A. Audit of vouchers for payment 8/1/97 - 8/31/97 Nelson reviewed the audit of vouchers for payment. MOTION: Weft moved, Foster seconded to approve the audit of vouchers for payment as submitted. Lake bfmnetonka Conserva~on ~ Be VOTE: Motion carried unanimously. July f'manclal summary and balance sheet Page7 Nelson reviewed the July financial summaxy and balance sheet noting we are operating under budget. MOTION: Foster moved, Nelson seconded to accept the July financial summary and balance sheet as submitted. Ce VOTE: Motion carried unanimously. Additional Business There was no additional business. SAVE THE LAKE There was no discussion ADMINISTRATION A. Discussion of Draft Communication Policy Babcock noted changes have been incorporated into the draft communication policy as discussed at the last Board meeting. Board members discussed these changes. Foster stated he believed language should be added to remove all games from the computer. Randall stated games have been removed from office computers several weeks ago. MOTION: Foster moved, Partyka seconded to approve the communication policy Be Foster recommended a friendly amendment to 4.2, f stating that "all games on LMCD computers are to removed'. Partyka agreed to this friendly amendment. VOTE: Motion carried unanimously. Discussion of LMCD Computers and need for software upgrade. Babcock asked for an update from staff on Us agenda item. Randall stated that one of the office computers recently broke down and it was observed there is a need for software improvements. It was also discovered today that one of the computers in the office does not have enough ram to nm Office '97. Lake Minnetonka Conservation Dis~ct l~e 8 MOTION: Reese moved, Rascop seconded to install MicroSoft Office '97 on all computers and to upgrade all computers to 3200 rog, subject to total project cost not to exceed $2500. VOTE: Motion carried unanimously. Approval of staff recommendations for compensation adjustment for Ja. Briner. MOTION: Partyka moved, Nelson seconded to approve the increase to $10.80 per hour for lan Briner. VOTE: Motion carried unanimously. D. Additional Business There was no additional business. ® EXECUTIVE DIRECTOR REPORT Nybeck repor~ on the following; · A roster update has been included in the folder. He noted team expiration dates were outlined. SlmC-f was directed to re~d~te slaggered terms with equal turnover on an annual basis. · Four CD's are coming due in September and will be renewed. · A September calendar was circulated. 8. OLD BUSINESS Meadowbrook Boat Club Randall updated the Board on recent boat storage violations at the Meadowbrook Boat Club multiple dock license. She noted the contact person has been notified of dock violations in Grays Bay yet they still continue to exist. She added as of today, they were in compliance. Board members discussed the issue of what to do when there arc violations. Reese expressed concern with a memo circulated from George Hoff, LMCD attorney in the pending litigation suit. Babcock recommended that this be bought up in an executive session. NEW BUSINESS Schmitt Marilna Nybeck updated the Board on activities at Schmitt's Marina. He stated a non-conforming dock has been expanded without the necessary approvals. He noted staff has been aware of the situation and is working with the applicant on voluntary compliance with Code. LeFevere outlined the LMCD'$ role in dock related issues in an owner/tenant agreement. He April ~, 1995 Pa~e 9 noted if an application comes before the Board from a tenant, it would not be advisable to deny it because the owner objects to the tenant's changes. Workshop/PlannintL,_ Session Foster stated he would be in attendance for this meeting. He stated he believed there are three areas that need to be addressed. They are: 1) to approach the legislature to require a ~ boat operators on Lake Minnetonka, 2) to consider eliminating outlot situations for multiple docks on Lake Minnetonka and grandfather those in existence, and 3) to work with the DNR and its inspectors on a proactive zebra mussel inspection program. .F_~xecutive Session MOTION: Foster moved, Rascop seconded to go into executive session at 10:15 p.m. to discuss pending litigation regarding Bil Hawks. VOTE: Motion carried unanimously. The meting was re-adjourned at 10:45 p.m. 10. ADJO~ There being no further business, Chair Babcock adjourned the meeting at 10:46 p.m. Douglas Babcock, Chair Bert Foster, Secretary Architects and Engineers Offices in Rochester and Minneapolis, MN TSP/EOS 21 Water Street Excelsior. MN 5533 I FAX (612) 474-3928 TEL (612) 474-3291 Member of TSP Group: Rochester, MN Minneapolis, MN Denver, CO Gillette, WY Rapid City, SD Sheridan, WY Sioux Falls. SD Marshalltown. IA TRANSMITTAL DATE: September 8, 1997 TO: City of Mound RECEIVED 5341 Maywood Road Mound, Minnesota 55364 $~? - ~ ~7 ATTN: Building Official MOUND PLANNING Westonka Public Schools Early Childhood Space Plan TSP/Eos # 97731 WE ARE SENDING: ( X ) HEREWITH ( ) UNDER SEPARATE COVER FOR YOUR: ( ) USE ( ) FILES ( ) INFORMATION ( X ) APPROVAL QTY DATE DESCRIPTION 1 9-8-97 Sign Permit Application ) REDUCED SIZE DRAWINGS (8-1/2" x 11") 1 9-8-97 RCUP-1 Site Plan I 9-8-97 RCUP-2 Floor Plan and Partial Elevation REMARKS: SIGNED: Z Thiede~ Architect TRANSMITTED BY: ( ) FED EX ( ) MAIL ( ) MESSENGER ( X ) HAND DELIVER ( ) MODEM COPIES TO Mike Looby, Westonka Public Schools File An Equal Opportunity, Aft]rmative Action Employer SIGN PERMIT APPLICATION QUASI PUBLIC FUNCTION o PORTABLE SIGH City of Mound, 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600 FAX: 472-0620 RECEIVED S£P - 8 997 MOUND ?LANNIN6 & INSP. Portable signs used for the purpose of directing the public used in conjunction with a governmental unit or quasi-public functions. The period of use shall not exceed ten (10) consecutive days and requires approval of the City Council. Signs shall be placed on the premises of the advertised event, and/or on such other Premises as approved by the City Council when granting the permit. A permit is required, however is exempt from all fees. ADDRESS OF SIGN LOCATION 5241 Shoreline Boulevard (It'mo~thaao~,plca.~ ~=l~ara~ ~=ctof~I~') NAME OF APPLICANT Westonka Public Schools PHONE 491-8008 APPLICANT'S ADDRESS 5600 Lynwood Boulevard NUMBER OF SIGNS= 1 TYPE OF SIGN: banner temporary SIZE OF SIGN: 3'-9" feet high x DATES OF USE: FROM 11 / 1 /97 DESCRIBEREASON/PURPOSEFORREQUEST: lighted si~n. X wall mount free standing X permanent 13'-0" feet wide = 48.75 square feet TO - / - / - (Permanent) Allow School District to reuse existin~ DESCRIBE SIGN (message, materials, is it illuminated, etc.): The message will read: "Early Childhood Education Westonka Public Schools" with the School District lo~o. The si~n consists of a finished metal enclosure which is back lit and has lettering on semi opaque plastic (see enclosed drawing). IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII APPROVED BY CITY COUNCIL ON: I, i i I' . '\ Z PATRICK D. McGOWAN F~ENNEFqN COUNTY SHERIFF ROOM 6 COURTHOUSE 350 SOUTH FIFTH STREET MINNEAPOLIS,MN 55415 (612) 348-3740 FAX 348-4208 September 4, 1997 Edward Shukle, Jr., Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear ndward: RECEIVED SEP _ g OFFICE OF THE SHERIFF Re: Please bring to the attention of city elected officials. The Hennepin County Sheriff's Office will be offering specialized law enforcement training to select members of the community. As an elected official in your community I am sure you are interested in learning more about law enforcement and the County criminal justice system. Accordingly, we are extending an invitation to elected officials and staff to participate in the Citizen Law Enforcement Academy. These classes are offered free of charge and will be held in October of 1997. Classes are three (3) hours long, with the exception of one Saturday class, and will mn for eight (8) weeks. Instruction will be a combination of lecture, question and answer, demonstration, participation and tours. The class and subjects will be very similar to those taught to new deputy sheriffs and police officers. EXAMPLES OF SUBJECTS COVERED: Accident Investigation Child Abuse Civil Law Civil Liability Communications Court Procedures Criminal Investigation Crime Prevention Training Defensive Tactics DWI Enforcement and Procedures Evidence and Scientific Investigation Gangs Hostage Negotiations Jail Procedure and Tour K-9 Operations Mechanics of Arrest Narcotics Operations Patrol Operations Tactical Team Operations Traffic Stops Training Weapon Use Participation in these classes will give students a unique insight into law enforcement, as the Sheriff's Office is the third largest law enforcement agency in the State of Minnesota and is charged with enforcing both criminal and civil law. This class is a must for business leaders, elected officials, teachers, community leaders and interested taxpayers who want to know how law enforcement and the criminal justice system work from an insiders' perspective. It is our hope to also leam from you. Recycled Paper 20% Post- Consumer Fiber The Sheriff' s Office is looking for a representative cross section of the community to participate in this unique educational experience. Applicants must be twenty-one (21) years old. Due to the nature of the material presented, all applicants will be screened for criminal backgrounds. Classes will be held on Thursday nights from 6:45 to 9:45 p.m. for eight (8) weeks. The first night of class will be October 2, 1997 and will mn through November 20, 1997. The location of the classes will change depending on the topic being taught. One or more classes will be conducted at the following locations: Law Enforcement Training Facility in Maple Grove, Sheriff's Communications Division in Golden Valley, Hennepin County Juvenile Justice Center in Minneapolis, City Hall/Court House in Minneapolis and the Sheriff's Patrol headquarters in Brooklyn Park. When each student successfully graduates, a certificate of completion will be awarded at a formal commencement ceremony. If you or someone in your organization is interested in this class, please complete the enclosed application form and remm it to Captain Jim O'Shea, Hennepin County Sheriff's Office. Questions regarding the program may be addressed to Captain O'Shea at 348-7918. Warmest Regards, Patrick D. McGowan, Hennepin County Sheriff By: James B. O'Shea, Captain orro.t.,,% to tzo Hennepin County Sheriffs Office CITIZEN LAW ENFORCEMENT ACADEMY Application for Enrollment Name (Last / first / midd/e / maiden) Date of Birth Street Address Home Phone City / State / Zip Drivers Licence Number Are you a resident of Hennepin County? How long? iPlease explaLn briefly' why you wish to enrol! in the Citizen Law Enforcement Academy. Please list any associations, clubs organizations you belong to or are affiliated with. Have you ever been arrested for, convicted of, or cited for a~ offense other that minor traffic offences? YES NO If yes,please e.,cplain on back of sheet, List appropriate dates, charges, places and charges. i~,~,;~.~'~:~-~',.; ~ ....... ; : ~ ~.:.--;.: :...~..i~; :..:.~:.~ .... · .~.~ ~.~ : ::,?~ ~ Present Employer Supervisor Your title Address Telephone number Date h~red Personal Re£erence Address Telephone Emergency Contact Relatiomh~p Telephone '~'-~"::'.~ :~ :? ~':.~?:~'~-~,.'.':~ ~.~ '.~ .:-. ~ :~ ~:~. ~-'.::.':'~ ~i~.~::~' :~:~ ~: :.~::' ~-::'i~ :.i{~: ,:-~ :::' ~:~ :-~ Were you recommended or advised to apply for If yes, by whom? enrollment to the academy? Yes~ No ~ ': :~ -:!:?.~ :~ :'..:-~!:~.~ ~': , "-? ~ ',' ~ ::?~; ~'-~ ': ':; :;':':;? ~77 .~ :-C :: '~ ~. J' '~:: ~i' :.~:~ ~.~: .~' :~?>:.-~,. ~' '~i:~: ;i.:;~: · I hereby certify that there are no ~1£ul misrepresentations omission or thlsifications in the aforementioned statements and answers. I understand that any omission or false statements on tl~s application shall be sufficient cause for rejection for enrollment or dismissal from the Hennepin County Sheriff's Citizen Law Enforcement Academy. I understand there is no charge for the Academy and, if' selected for enrollment, pledge the time commitment to attend. I further understand that the Hennep~n County Sheriff's OEfice wL~l conduct a crLminal histo~ and records check on all applicants, the results of which ~ould be grounds for my rejection. Applicant's Signature Date Return completed applications to: Hennepin County Sheriff's Office For more h~formation calh Captain O'She~ Citizen Law En_~orcement Academy Capta~ Fun O'Shea Room 6 Courthouse 34g-791 g Minneapolis, MN 55415 ,411 applicant; must be 21 years of age. Incomplete and'or unsigned applications will not be ~:~ -. ,~:.-'. . :~ . .~ .... ~.~ .~t~, .~a~-~,~;~,:~?.~,~:..~.~_~,:~..~.~:~!~ :~,~ Received by: Received date: Records che~k by: Date completed: Recommendation: