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1997-09-23AGENDA MOUND CITY COUNCIL TUESDAY, SEPTEMBER 23, 1997, 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING - PLEDGE OF ALLEGIANCE. PAGE PRESENTATION OF CERTIFICATE OF RECOGNITION TO PATTY GUTTORMSON ....................................... 3261 APPROVE AGENDA. At this time items can be added to the Agenda that are not ~ ~ ~s can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. *4. CONSENT AGENDA: *A. APPROVE THE MINUTES OF THE SEPTEMBER 9, 1997, REGULAR MEETING ................................. 3262-3269 *B. CASE #97-40: SETBACK VARIANCE FOR DECK, TOM KELLY, 1733 GULL LANE, LOT 9, BLOCK 14, DREAMWOOD, PID 13-117-24 13 0016 .......... 3270-3280 *C. SET PUBLIC HEARINGS: (SUGGESTED DATE: SPECIAL ASSESSMENT PUBLIC HEARINGS: a. DELINQUENT UTILITY BILLS UNPAID MOWING CHARGES UNPAID TREE REMOVAL CHARGES ............. 3281-3285 CENTRAL BUSINESS DISTRICT PARKING PROGRAM ...... 3286 SHERWOOD DRIVE IMPROVEMENT PROJECT OCTOBER 14, 1997) e MAJOR SUBDIVISION, M. E. MUELLER, 2240 COMMERCE BLVD., LOTS 40-41 INCLUSIVE, KOEHLER'S ADDITION TO MOUND, PID 13-117-24 33 0073 & 13-117-24 33 0041 (SUGGESTED DATE: OCTOBER 14, 1997) 3258 o o o o *D. *E. *F. *G. CONDITIONAL USE PERMIT, AL & ALMA'S SUPPER CLUB, 5201 PIPER ROAD, LOTS 1-3, BLOCK 8, LOTS 20-23, BLOCK 9, WHIPPLE, PID 25-117-24 21 0156 (SUGGESTED DATE: OCTOBER 14, 1997) e CONDITIONAL USE PERMIT, LARSON PRINTING, 2316 COMMERCE BLVD., LOT 4, SOUTH 29 3/10 FT OF LOT 4, MCNAUGHT'S ADDITION TO MOUND, PID 13-117-24 33 0047 (SUGGESTED DATE: OCTOBER 14, 1997) AFTER-THE-FACT PUBLIC LAND PERMIT, TOM STUEVE, 1737 CANARY LANE .................................. 3287-3300 JAMES KRENIK "AFTER THE FACT" VARIANCE REQUEST 5240 PIKE ROAD, ORDINANCE AMENDING SECTION 437 OF THE CITY CODE RELATING TO DOCKS BY ADDING SECTION 437:16, EXCEPTIONS . . 3301-3313 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE A SATISFACTION OF MORTGAGE FOR KOENIG & SCHWERT, 2305 COMMERCE BLVD ............... 3314-3315 RESOLUTION AUTHORIZING CITY MANAGER OR FINANCE DIRECTOR TO EXECUTE AND SIGN SUB-GRANT AGREEMENTS AND AMENDMENTS ON BEHALF OF THE CITY OF MOUND (This is required by FEMA (Federal Emergency Management Act) with regard to expenses incurred due to the July 17, 1997, storm damage.) ........ 3316 *It. RESOLUTION APPROVING REQUEST FOR STREET LIGHT FOR DUNDEE PARK ...................................... 3317-3320 *I. PAYMENT OF BILLS .................................. 3321-3332 CONTINUED PUBLIC HEARING: PROPOSED ADDITION TO SHIRLEY HILLS ELEMENTARY SCHOOL, WESTONKA PUBLIC SCHOOLS. (THIS HEARING SHOULD BE CONTINUED UNTIL DECEMBER 9, 1997, DUE TO PROPOSED REFERENDUM ON RENOVATION OF THE WESTONKA COMMUNITY CENTER.) PUBLIC HEARING: REVIEW OF CONDITIONAL USE PERMIT, MEYER'S MOUND SERVICE, 2610 COMMERCE BLVD, LOTS 1-3, & S 1/2 OF 47, 48, 49, BLOCK 9, PID 23-117-24 14 0043 & 0050 ............. 3333-3354 CASE #96-62: VARIANCE REQUEST, SCOTT AND LINDA MACK, 4657 ISLAND VIEW DRIVE, VARIANCE FOR A DETACHED GARAGE, LOT 15, BLOCK 1, DEVON, PID 30-117-23 22 0086 ...................... 3355-3393 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. EXECUTIVE SESSION: 3259 10. 11. 12. Ae CONDEMNATION AWARD - RICHARD JOHNSON PROPERTY (AUDITOR'S ROAD IMPROVEMENT PROJECT). B. RESPONSE TO WOODLAND POINT SUMMONS. RESOLUTION SUPPORTING A REFERENDUM ON THE PROPOSED RENOVATION OF WESTONKA COMMUNITY CENTER ................ 3394-3402 DISCUSSION: 612 AREA CODE CHANGES ........................ 3403-3411 INFORMATION & MISCELLANEOUS Park & Open Space Commission Minutes of September 11, 1997 .................................... 3412-3415 B. Planning Commission Minutes of September 8, 1997 ................ 3416-3427 Ce Economic Development Commission Minutes of August 21, 1997 ...................................... 3428-3429 Financial Report for August 1997, as prepared by Gino Businaro, Finance Director ...................................... 3430-3431 Notice of Rule B Task Force Meeting for Mayor Polston which is scheduled to Tuesday, September 23, 1997, 3:30 P.M. to 5:00 P.M. at MCWD Offices ...................... 3432-3435 REMINDER: Congressman Jim Ramstad will be holding a Town Meeting, Monday, September 22, 1997, at Mound City Hall, 7:00 P.M. to 8:00 P.M ............................ 3436-3437 Ge REMINDER: Committee of the Whole Meeting, Tuesday, September 30, 2997, 7:30 P.M., City Hall. Ho Notice of Meeting with State Board of Innovation & Cooperation, Monday, September 28, 1997, Shorewood City Hall, 7:00 P.M. to 9:00 P.M .................................. 3438-3439 I. Note regarding donation to Sorbo Park by Kathy Arbogast ............... 3440 Letter from Toro RE: Closing of Mound facility. I have left messages with Toro representatives, Senator Gen Olson and Commissioner Penny Steele. I don't know if there is anything we can do, but I thought we should try to see if the State, County or City should intervene in some way. I will keep you posted ............................................. 3441 3260 CERTIFICATE OF RECOGNITION WHEREAS, on September 12, 1997, Patty Guttormson, Wiser Insurance Agency, was named Business Person of the Year by the Westonka Chamber of Commerce; and WHEREAS, Ms. Guttormson has been a member of the Westonka Chamber of Commerce for 15 years; and WHEREAS, during this time her enthusiasm and commitment has always contributed to a successful Chamber event, and WHEREAS, in addition to her Chamber endeavors, Ms. Guttormson should be recognized for her many contributions to the community through her association with the following groups: 1. Westonka Senior Foundation 3. 4. 5. Southwestern Suburban Charities Muscular Dystrophy Association Westonka Intervention Northwest Tonka Lions Club. NOW, THEREFORE, I, ANDREA AHRENS, by virtue of the authority vested in me as Acting Mayor, and on behalf of the entire City Council and all our citizens, do hereby tender to Patty Guttormson, this Certificate of Public Recognition, extending to her our deep appreciation for her distinguished service, and our best wishes for continued success in all her future endeavors. Adopted by the Mound City Council September 23, 1997. Acting Mayor Andrea Ahrens Councilmember Mark Hanus Councilmember Liz Jensen Councimember Leah Weycker MINUTES - MOUND CITY COUNCIL - SEPTEMBER 9, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 9, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, Building Official Jon Sutherland, City Planner Loren Gordon, City Engineer John Cameron, Finance Director Gino Businaro, Acting City Clerk Linda Strong and the following interested citizens: Mark Saliterman, Bil Hawks, Ron Fenney, Lyn Hexum, Mitch Knutson, Sandy Wing, Tami Logelin, Helen Eiss, Terri Bingham, Heidi Petty, Cathy Bailey, Linda Dreyer, Marke Thiede, Craig Jacks, Robert Lien, Marie Johnson, Vince Forsman, Mike Aspelin, Don Petsersn and Karen Cole. 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 Com~cihnember or Citizen so requests, in which event the item will be removed fi'om the Consent Agemla and considered in normal sequence. APPROVE AGENDA At this time items can be a&led to the Agenda that are not listed and/or items can be removed firm the Consent Agenda and voted upon after the Consent Agenda has been approved. CONSENT AGENDA: Councilmember Hanus removed item B, Payment of the Bills, from the agenda. He was concerned with an item concerning research for a public pier and the funds coming from the Dock Fund. He thought the funds should come from the General Fund. Councilmember Weycker stated the request had come from Mr. Hopkins of the Docks Commission. City Manager Shukle stated the fund could be changed to the General Fund to pay this item. The City Manager stated there would be an Add - On item to set a Public Hearing date. " 1 Minutes - Mound City Council September 9, 1997 *1.1 '1.2 '1.3 1.4 APPROVE TIlE MINUTES OF TilE AUGUST 26, 1997 REGULAR MEETING. PAYMENT OF BILLS REQUEST FOR PAYMENT, 1997 SEALCOATING, ALLIED BLACKTOP. MOTION by ltmms, seconded by Jensen, to approve the amended agenda, the payment of bills as corrected and to approve the request for payment for the 1997 Sealcoating. A roll call vote was called, motion carried unanimously. ADD-ON SET PUBLIC IIEARING DATE TO REVIEW THE CONDITIONAL USE PERMIT FOR MEYER'S MOUND SERVICE, 2620 COMMERCE BLVD. SUGGESTED DATE: SEPTEMBER 23, 1997 MOTION by Weycker, seconded by Hanus, and carried unanimously to set Tuesday, September 23, 1997, 7:30 pm for a Public Hearing to review the Condilional Use Permit for Meyer's Mound Service. 1.5 PUBLIC HEARING: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOVq TIlE WESTONKA SCHOOL DISTRICT TO ESTABLISH EARLY CItlLDHOOD 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//13-117-24 34 0072, P & Z 97-38. City Manager Ecl Shukle introduced Loren Gordon, City Planner, from Hoisington Koegler Group, Inc. Loren Gordon summarized this item. The Westonka School District wants to establish their Early Childhood Family Education Center at 5241 Shoreline Drive, in the Jubilee Shopping Center where the old Headliner's used to be. A Conditional Use Permit is required to do this in the B-1 Business District. The proposed office space consists of 6,708 square feet which included the space of Headliner's and Larson Printing. 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. The School District intends to conduct the following functions: a preschool, an early childhood family education and an early special education center. The facility will serve approximately 88 children with 10 staff persons. Mayor Polston introduced Mark Thiede, Architect for the school district, from TSP/EOS. Mr. Thiede stated that to provide for the safety of the children at the front of the building, a fence type railing with Minutes - Mound City Council September 9, 1997 spindles will be added between the columns so children can not run out onto the parking lot. The entry will be open to the parking lot. The building owner is receptive to the plan and the Planning Commission recommended approval. The building does not contain a fire sprinkler system, it is not required if the walls are a two hour parting wall. The building does comply with ADA standards. Mayor Polston was concerned that there was no fire sprinkler system. He hoped that in the haste to accommodate the situation, that it would not be detrimental to the children. He was also concerned that the CUP of this nature would be a conflict within an retail location. Mayor Polston opened the public hearing. Bil Hawks, 3465 County Road 44, spoke against the Conditional Use Permit for the school district. Sandy Wing, Director of E.C.F.E., spoke in favor of the Conditional Use Permit. She stated that several parents will be with their children while at the facility. The two busiest times would be about 9 am and then again around 3 pm. This is not a busy time for the shopping center. The building that the ECFE was now using is not suitable for staff and children. There are issues of health, safety, and mold. Mayor Polston stated he was sympathetic and asked if there had been any effort to work with the churches in the area? Ms. Wing stated they had tried, but there was no area that could provide dedicated space for their needs. Mark Saliterman, owner of the shopping center, spoke regarding the use of the space to be only temporary, around 2 years. Being there was no one else to comment, Mayor Polston closed the public hearing and returned the item to the Council for discussion. Councihnember Jensen was concerned with condition gl regarding the non retail and commercial use at the same location. She commented on the proposed stop signs that would be located at the entry to the facility and a crosswalk. She commented that she has little faith in crosswalks. Consensus of the Council was to amend the resolution to include the following conditions: 1. A review of the CUP one year after Council approval. 2. The addition of a railing with spindles to be installed between the columns that currently exist. The following amended resolution was moved by Jensen, seconded by Weycker: Minutes - Mound City Council September 9, 1997 RESOLUTION #97-84 RESOLUTION TO APPROVE A CONDITIONAL USE PER.MIT 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. The motion passed 4-1, Polston opposed. Comments from the Council included: not a good way to spend tax payer dollars, only temporary, the option to review in one year gave the Council the ability to review the health, safety and welfare of the program being located within a commercial arena. 1.6 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 COM~/IISSION MONDAY, SEPTEMBER 8, 1997.. Building Official Jon Sutherland reviewed this case. He stated this case had been before the Planning Commission the night before the Council meeting. The applicant is seek_ing a building permit and variance to allow the construction of an attached garage and bedroom addition that is nonconforming to the required side yard setback of 10 feet. The City Planner had stated that 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. The parcels were combined and became no longer lots of record. Therefore, the side yard setback is 10 feet, the applicant is requesting a 4 foot side yard setback. The new proposed garage and 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. The larger garage also provides for additional storage for the lake shore property. The topography of the existing lot and the lake side limits the available buildable footprint when coupled with the existing location of the home. The staff recommends approval with the following conditions: 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 permanent residence. The Planning Commission recommends approval on a 5-1 vote, with Weiland opposed. The Commission added a condition that the gravel driveway to the small structure be removed. Minutes - Mound City Council September 9, 1997 Councilmember Jensen moved and Councilmember Hanus seconded the following resolution as amended: RESOLUTION//97-85 The resolution passed 5-0. RESOLUTION TO APPROVE A VARIANCE FOR GARAGE AND ADDITION AT 6547 BARTLETT BOULEVARD, LOT 18, HALSTEAD HEIGHTS, PID 22-117-24 44 0037. 1.7 DISCUSSION: RESPONSE TO WOODLAND POINT SUMMONS. City Manager Ed Shukle stated the City had 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. He continued saying the City had until October 3, 1997 to respond. John Dean, City Attorney, introduced Karen Cole,attorney from Kennedy & Graven who has been hired by the League of Minnesota Cities Insurance Trust. At 8:40 pm the Council adjourned to Executive Session to discuss this item. Councilmember Leah Weycker removed herself from the executive session. The Council returned from Executive Session and resumed the regular meeting at 9:20 pm. Mayor Polston stated that the Council has until October 3, 1997 to respond and that the City's lega, advisors were working on preparing a response. Mayor Polston asked if there were comments from the people in attendance. Bil Hawks, 3465 County Road 44. He commented on the City's membership to the LMCD. He suggested they not rejoin and make payment as he was concerned with how the LMCD was being operated. He suggested the Council recommend that the LMCD televise their meetings so people can be informed of their actions. Councilmember Hanus agreed and also that the City's LMCD representative should and will be attending Council meetings with updates. Mike Aspelin, 1604 Eagle Lane. He stated he was angry with the City in the lawsuit participation. Mayor Polston stated the Woodland Point group had asked for a declaratory judgement and this involved the City as the City does own property in the Woodland Point area. The issue could have been handled through the previous mediation sessions. Vince Forystek, 1672 Finch Lane. He stated the LMCD should televise their meetings. Councilmember Ahrens agreed. The Council will ask the City's representative to convey to the LMCD to televise their meetings. 5 Minutes - Mound City Council September 9, 1997 Craig Jacks, 1575 Eagle Lane. He stated he was a late comer in the Woodland Point case. He felt that if the City did not act wisely and quickly, there would be a division in the neighborhood. 1.8 1.9 PERMIT FOR JAYCEES'S AI_,UMNI DANCE MOTION by Hanus, seconded by Ahrens to approve a dance permit, set up permit and beer permit for the Jaycees for the Homecoming Dance to be held on Friday, October 3, pending proper documentation being received, i.e. insurance. The motion carried unanimously. CO~{ENTS ANrD SUGGESTIONS FROM CITIZENS PRESENT. There were nolqe. 1.10 UPDATE ON SUMP PUMP INSPECTION PROGRAM. City Manager Ed Shukle stated the City is undergoing a sump pump inspection program in the effort to discontinue the discharge of storm water into the sanitary system. Some people have not responded to the letters mailed regarding inspections. The next phase of the plan, per the resolution of the Council, is to place a $100 surcharge on water bills for those that have not responded. Council consensus was to enforCe this portion of the resolution, to add the surcharge of $100 to the residents water bill, and to label the envelope so the recipient does not toss it out. 1.11 PRESENTATION OF 1998 PROPOSED BUDGET AND PRELIMINARY LEVY. Mayor Polston moved, Ahrens seconded the following resolution: RESOLUTION//97-86 RESOLUTION APPROVING THE 1998 PRELI},IINARY 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 TItE PRELIMINARY OVERALL BUDGET FOR 1998; AND SETTING PUBLIC HEARING DATES. The vote unanimously passed. " 6 Minutes - Mound City Council September 9, 1997 1.12 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. Councilmember Jensen moved and Councilmember Hanus seconded the following resolution: RESOLUTION//97-87 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. The resolution passed unanimously. 1.13 DISCUSSION: PROPOSED RESOLUTION //97- RESOLUTION REQUESTINC COUNTY ASSISTANCE IN THE OVERSIGHT OF THE MINNEHAHA CREEK WATERSH ED DISTRICT. City Manager Ed Shukle reviewed this item. He stated there had been concern from other cities and they had contacted the MCWD Steering Committee regarding the action of Minnehaha Creek Watershed District. The Steering Committee is requesting the cities in the MCWD pass the resolution and send the approved resolutions to Hennepin County. The resolution asks Hennepin County to investigate the activities of the MCWD. The resolution was prepared by legal counsel for the city of Richfield. Councilmember Ahrens moved and Mayor Polston seconded the following resolution: RESOLUTION//97-88 RESOLUTION REQUESTING COUNTY ASSISTANCE IN THE OVERSIGHT OF THE MINNEHAHA CREEK WATERSHED DISTRICT. The resolution passed unanimously. 1.14 INFORMATION/MISCELLANEOUS: A. DEPARTMENT HEAD MONTHLY REPORTS FOR AUGUST 1997. B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR AUGUST 1997. Minutes - Mound City Council September 9, 199'/ City Manager Ed Shukle stated the Mr. Reese's term expires the end of 1997. Mayor Polston suggested that the next appointment to the LMCD should be a Councilmember. C. DOCK AND COMMONS ADVISORY COMMISSION MINUTES OF AUGUST 21, 1997. D. PLANNING COMMISSION MINUTES OF AUGUST 25, 1997. E. REMINDER: COMMITTEE OF THE WHOLE MEETING HAS BEEN RESCHEDULED TO TUESDAY, SEPTEMBER 30, 1997, 7:30 P.M. F. 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 G. 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 1N ATTENDING, PLEASE CONTACT THE CHAMBER OF COMMERCE TO REGISTER. MOTION by Ahrens, secouded by Jensen and carried unanimously to adjourn the meeting at 10:05 pm. Edward J. Shukle, City Manager Attest: 8 September 23, 1997 PROPOSED RESOLUTION ID7- RESOLUTION TO APPROVE A SETBACK VARIANCE TO BUILD A NON CONFORMING DECK AT 1733 GULL LANE, BLOCK 14, LOT 9, DREAMWOOD, PID 13-117-24 13 0016 P&Z CASE g97-40 WHEREAS, the applicants, Tom and Leanne Kelly are requesting a variance to allow construction of a nonconforming 10 x 15 foot deck on the west side of the existing dwelling; and, WHEREAS, the property is located in the R-lA zoning district which requires a minimum lot area of 6,000 square feet, a minimum lot width of 40 feet, a front yard setback of 20 feet, a side yard setback of 6 feet for lots or record, a rear yard setback of 15 feet (ten for a deck) and a minimum lot dept of 80 feet; and, WHEREAS, the required setback for the deck in the rear yard is 10 feet and the proposed setback is 6 feet, resulting in a variance of 4 feet; and, WHEREAS, the existing property has very intensive use of the space and does not meet several standards or ordinance criteria in addition to the front yard and other encroachments as noted on survey; and, WHEREAS, the proposed deck is reasonable. Enhances the use and function of the property with a minimal encroachment and the removal of the encroachments results in some improvement to the property; and, WHEREAS, the legal description of the property is: Block 14, lot 9, Dreamwood, PID 13-117-24 13 0016 WHEREAS, staff recommends approval and the Planning Commission recommended approval on a 7-2 vote, with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Mound, Hennepin County, Minnesota, hereby approves a rear yard setback variance of 4 feet to allow construction of a nonconforming deck with the following conditions: The existing concrete landing, steps and slab that is encroaching into the commons shall be removed prior to construction of the deck. September 23, 1997 Proposed Resolution 1733 Gull Lane Page 2 A new landing and stairs (landing up to a maximum of 32 square feet) may be constructed up to the property line as noted on the survey dated August 7, 1997. No encroachment beyond the southerly property line is permitted. It is determined that the liveability 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 nonconforming 10 x 15 deck 4. This variance is granted for the following legally described property: Lot 9, Block 14, Dreamwood This variance shall be recorded with the County Recorder or the Registrar of Titles in Hermepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until, proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember seconded by Councilmember The following Councilmembers voted in the affirmative: and The following Councilmembers voted in the negative: Mayor Attest: 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 Tom and Leanne Kelly 97-40 1733 Gull Lane R-lA Single Family Residential BACKGROUND: The applicant is seeking a variance to allow construction of a nonconforming 10x15 foot deck on the west side of the existing dwelling. The required setback for the deck in the rear yard for the R-lA zone is 10 feet. The proposed setback is 6 feet, resulting in a variance request of 4 feet. The existing property has very intensive use of the space, and does not meet several of the standards or ordinance criteria in addition to the front yard and other encroachments as noted on the attached survey. This property is located within the R-lA zoning district which requires a minimum lot area of 6,000 square feet, a minimum lot width of 40 feet, a front yard setback of 20 feet, a side yard setback of 6 feet for lots of record, a rear yard setback of 15 feet (ten feet for a deck), and a minimum lot depth of 80 feet. Comments: This case does not meet the typical criteria in the ordinance for a variance however the deck in this situation could be viewed as a reasonable use of the property. The deck location follows the existing line of the garage and does not encroach any further, the deck is also minimally sized. There is the encroaching concrete landing and steps and slab that are in need of repair that could be required to be removed. The landing could be reconstructed with no encroachments and this would be an improvement to the existing situation. printed on recycled paper PZ 97-40 1733 Gull Lane Page 2 Staff RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request as it enhances the use and function of the property with minimal additional encroachment and with conditions as listed below results in some improvement to the nonconforming situation of the property. 1 ) The Existing concrete landing, steps, and slab that is encroaching into the commons shall be removed prior to construction of the deck. 2) A new landing and stairs (landing up to a maximum of 32 square feet) may be constructed up to the property line as noted on the survey dated Aug. 7, 1997. No encroachment beyond the property line is permitted. e abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on September 23, 1997. (FOR VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 OFFICE USE ONLY) Planning Commission Date: City Council Date: Distribution: 53/~)~'~"7 "City Planner t, '~City Engineer ~ ' ~Public Works ¥ /gq/ Case No. '~DNR Other SUBJECT PROPERTY LEGAL DESC. Address / .'7~ 5 G,,,~ I ·fO Lot C~ PROPERTY OWNER APPLICANT (IF OTHER THAN OWNER) Name -']'- 0 Ir~ Address I-'[ "~3 Subdivision .[")(e&,,v.,, ZONING DISTRICT R-1 Phone (H) R-2 R-3 B-1 Name Address Phone (H) (W) Block Plat # B-2 B-3 (M). Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, 4,~ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ~l~ (Rev..Ill4/97) 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 located? Yes (), No ~)~ If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS' REQUIRED REQUESTED VARIANCE (or existing) · ,-.,/ ( N S ~w ) ~O ~ ~. ff ~ ~../~_ ~o'~. o' ( N~E w ) '~l~' ~. '/7~ ft. ( N S E W ) ~ ff. .~0& ff. ~ ff. (NS~) /~' ~. b ~. q ft. ft. sq ff sq ff Front Yard: Side Yard: Side Yard: Rear Yard: Lakeside: Street Frontage: Lot Size: Hardcover: fro sq ft sq ft sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located.'? Yes (), No ~). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? Please  too narrow ( ) topography ( ) soil too small ( ) drainage ( ) existing situation '940.'too shallow ( ) shape ( ) other: specify describe: _/~, f2.~_ I c._ ~la_~C tS. Ct .(~ft~.~we~.3llZ t~%~_ a>~ Variance Application, P. 3 Case No. o Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), NoJ~. If yes, explain: o Was the hardship created by any other man-made change, such as the relocation of a road? No (). If yes, explain: ~-~ l Yes (), ° Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No~. If no, list some other properties which are similarly affected? 9. Comments: /~, I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature Date Date The Home Depot #2808, 1705 ANNAPOLIS LANE, PLYMOUTH, MN 55441, Mon Aug 11 13:53:43 1997 The materials in this deck will cost $1008.54 File saved as: C:\cqdesign\PROJECTS\DECKS\RECTATT\10xl0ra.dek View RECEIVED MOUND PLANNING & INSP. i CITY OF MOUND HARDI;0VE]:I CALCULATIONS (IMPERVIOUS SURFACE COVERAGE} ;PROPERTY ADDRESS: OWNER'S NAME: LOT AREA SQ. FT. X 30% LOT AREA ~.~. SQ.. FT. X 443% LOT AREA SQ.. FT. X 15% = (for all lots) .............. J = (for Lots of Rocor(:+) ....... = (far detached buildings only) . . //~-$. z · Existing Lots of Record may have ,,~0 percent coverage provided that techniaues are utilized, as outlined in Zoning Ordinance Secson 350: 1225,$ubd. 6. B. 1. (see back). A plan must be submi~ed and a0proved by the Building Official. LENGTH WI~TH SC FT HOUS~ ~ ~ X gC, 3 = 7/3 ~ 6 X -- DETACHED BL.D G- (GARAGE,,'SHE~) X = TOTAL DETACHED ~LDGS ................. DRIVE,NAY, PARK:NG /~ X '~ '~ = ARE, S. S D WAL :S. /, X ? = ETC. X = DECKS Open decks no~ counted as ha~cover OTHER TOTAL DRIVEWAY, ETC .................. c~,¢, £D~/~x = /~3, z_ TOTAL DEC~ .......................... X = TOTAL OTHER ......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE " UNDER (indicaTe. differ~ncelo ...................... ~ ....... AIH)R -ESS: . CH'Y OF MOUND - ZONIN( I,O'I OF FIF.(~OFIi)? YF.S I NO IHRECTION NS E W N(~ E W YARD FRONT SIDE RFAR INFORMATION SIIEET I.AKI~ TOP OF FII,IIFF NS E W NS E W (;ARAGF,. $11F, I! ..... I)I~I'^CIIF. D mIII.DIN(;S FRONt N S E W FR( )N F SIDE SIDE FIEAFI I.AKE TOP OF BI,ltl:f: ZONING DISTRICT, LOT SIZE/WIDTH: RZ 2~oooZGo nl %500/0 ~, ~a -~,0%'~4~'x ~2 2o.ooo/eo ~' e,ooo-6~/i~ .3 lO,GOO/SO R2 14,000/80 R3 ~E~ ORD. Zl 30,000/100 REQUIRED [ EXISTINGIPROPOSED IIARIX:OVI~R ('ONFORMIN(;? YES I NO 15' N $ E W NS E W 50' 10' OR 30' 4' OR 6' 4' OR 6' NS E W 4' NS E w 50' I0' OR 30' 30'~, Or 40% 7 lilY: I DATED: EXISTING LOT SIZE:, - [ LoT WIOI'H: .,~ LOF DEli'H: ~ ~ [ VAmANCE COMMON 'fl~iqPlanninltZonin~l)eparlmrntlnfo, mariOnal 472-lN~410.Sheet o~dy. aumlnatizes a portion of Ute requirements outlined in d,e Cily of Mound Zoning Ordinance. For further information, contact the City of Mound CITY OF MOUND Mound, Minnesota NOTICE OF PUBLIC HE~RIMG ON PROPOSED ASSESSMENTS UNPAID WATER AND SEWER BILLS AND UNPAID MOWING BILLS UNPAID TREE RREMOVAL BILLS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Hennepin County, Minnesota will meet in the City Council Chambers at 5341 Maywood Road, at 7:30 P.M. on October 14, 1997, to hear, consider and pass on all written and oral objections, if any, to the proposed assessment on the following parcels of land for: UNPAID WATER AND SEWER BILLS: AMOUNT TO BE SPREAD OVER 1 YEAR PROPERTY IDENTIFICATION # AMOUNT 12-117-24-43-0038 12-117-24-43-0052 13-117-24 21 0089 13-117-24 12 0123 13-117-24 12 0042 12-117-24 43 0019 12-117-24 43 0053 13-117-24 12 0189 12-117-24 43 0001 13-117-24 12 0009 13-117-24 12 0014 13-117-24 12 0006 13-117-24 11 0131 13-117-24 11 0054 13-117-24 12 0231 13-117-24 14 0037 13-117-24-14 0029 13-117-24 12 0083 13-117-24 11-0077 18-117-23 23 0004 18-117-23 23 0012 13-117-24 11 0122 13-117-24 11 0047 13-117-24-12-0075 13-117-24 22 0246 14-117-24 42 0082 14-117-24-13-0004 14-117-24 42 0110 14-117-24-41 0042 14-117-24-42 0117 14-117-24 42 0077 14-117-24 42 0016 14-117-24 42 0028 14-117-24 42 0041 335.85 232.81 151.13 121.25 176.33 269.62 333.71 33.35 304.96 602.17 161.82 296.49 289.94 289.39 370.48 177.71 419.93 180.30 300.59 387.47 401.24 386.77 158.77 350.74 306.93 204.08 436.39 498.93 379.10 182.00 168.16 676.82 675.95 387.54 .1 14-117-24 31 0031 14-117-24 32 0032 14-117-24 32 0026 14-117-24 34 0041 14-117-24 34 0020 14-117-24 44 0032 14-117-24 44 0031 14-117-24 42 0023 14-117-24 31 0046 13-117-24 32 0044 13-117-24 32 0057 13-117-24 32 0066 13-117-24 31 0077 13-117-24 31 0018 13-117-24 31 0075 13-117-24 32 0108 13-117-24 32 0102 13-117-24 32 0107 13-117-24 32 0115 13-117-24 32 0155 13-117-24 32 0152 13-117-24 31 0052 13-117-24-34-0014 13-117-24 43 0072 13-117-24 43 0086 24-117-24 12 0055 13-117-24-43 0121 13-117-24 41 0042 13-117-24-41 0012 13-117-24 42 0014 13-117-24 43 0118 13-117-24 44 0081 18-117-23 33 0027 13-117-24 44 0095 24-117-24 23 0024 23-117-24 14 0013 23-117-24 13 0012 23-117-24 13 0016 23-117-24 42 0005 23-117-24 32 0026 22-117-24 44 0030 22-117-24 44 0031 23-117-24 41 0018 23-117-24 41 0021 23-117-24 42 0073 23-117-24 41 0020 23-117-24 42 0088 23-117-24 42 0018 23-117-24 42 0020 23-117-24 42 0045 23-117-24 42 0034 23-117-24 43 0008 23-117-24 34 0086 23-117-24 34 0036 23-117-24 31 0041 560.66 148.80 219.60 264.30 517.66 257.46 513.83 415.55 237.47 297.54 449.55 794.43 525.34 160.22 342.86 375.87 372.67 246.58 191.27 272.17 199.70 246.55 245.53 251.60 287.26 255.26 35.48 321.10 788.92 265.17 121.66 684.30 288.38 353.47 129.16 354.45 395.38 69.22 307.34 267.29 277.60 258.18 397.86 282.71 340.69 289.91 352.53 257.74 546.43 187.98 330.60 400.81 328.59 225.96 327.58 ~2 23-117-24 34 0102 23-117-24 24 0013 23-117-24 23 0005 23-117-24 24 0008 23-117-24 31 0054 23-117-24 34 0066 23-117-24 23 0001 23-117-24 23 0095 23-117-24 23 0056 23-117-24 32 0043 23-117-24 32 0050 23-117-24 31 0066 23-117-24 32 0063 23-117-24 23 0108 23-117-24 13-0055 23-117-24 24 0058 23-117-24 13 0071 23-117-24 13 0046 13-117-24 22 0251 24-117-24-22 0001 23-117-24-11 0006 24-117-24 22 0022 13-117-24 34 0036 13-117-24 43 0022 24-117-24 12 0016 24-117-24 13-0009 24-117-24 12 0020 13-117-24 44 0041 19-117-23 23 0093 19-117-23 23 0135 19-117-23 23 0131 19-117-23 23 0082 19-117-23 24 0091 19-117-23 24 0016 19-117-23 31 0026 19-117-23 32 0015 19-117-23 32 0064 19-117-23 32 0159 19-117-23 23 0108 19-117-23 32 0164 19-117-23 23 0159 24-117-24 14 0049 19-117-23 24 0024 19-117-23 32 0033 19-117-23 32 0031 24-117-24 41 0042 24-117-24 41 0157 19-117-23 32.0119 19-117-23 31 0062 19-117-23 31 0101 19-117-23 32 0076 19-117-23 32 0077 19-117-23 32 0082 24-117-24 41 0162 19-117-23 31 0128 155.11 269.68 315.45 220.20 353.76 290.77 140.43 341.47 203.74 253.38 501.95 346.11 330.20 220.93 137.36 497.55 158.32 337.46 362.91 198.65 185.22 342.65 147.24 229.32 275.32 197.09 130.07 938.88 382.47 393.33 226.61 410.82 164.34 180.93 224.13 157.86 268.70 843.76 145.00 225.24 276.07 209.27 642.56 383.27 189.81 337.03 126.75 198.73 411.77 402.74 490.09 392.95 411.14 348.54 352.98 19-117-23 34 0064 25-117-24 21 0043 19-117-23 33 0172 19-117-23 33 0026 19-117-23 33 0051 25-117-24 11 0133 25-117-24 11 0068 24-117-24 44 0051 25-117-24 11 0078 24-117-24 43 0079 19-117-23 33 0196 19-117-23 32 0210 24-117-24 44 0021 19-117-23 34 0122 19-117-23 34 0036 19-117-23 34 0044 19-117-23 34 0043 19-117-23 33 0010 19-117-23 33 0235 19-117-23 33 0075 19-117-23 33 0189 19-117-23 33 0081 19-117-23 33 0184 19-117-23 33 0232 19-117-23 33 0129 24-117-24 44 0041 24-117-24 44 0043 24-117-24 44 0187 24-117-24 44 0060 24-117-24 44 0061 24-117-24 44 0062 24-117-24 44 0176 24-117-24 44 0111 24-117-24 44 0182 24-117-24 44 0073 24-117-24 44 0027 24-117-24 41 0022 24-117-24 41 0097 24-117-24 41 0058 24-117-24 41 0102 24-117-24 42 0007 24-117-24 43 0015 24-117-24 43 0019 24-117-24 41 0175 25-117-24 12 0125 25-117-24 12-0113 25-117-24 21 0025 25-117-24 21 0029 25-117-24 12 0062 30-117-23 22 0034 30-117-23 22 0036 25-117-24 11 0070 25-117-24 11 0023 30-117-23 21 0001 30-117-23 22 0049 694.61 225.04 322.04 192.51 316.89 706.28 277.48 272.16 212.81 207.12 458.98 348.40 460.96 234.46 216.84 438.02 446.70 359.03 473.57 193.91 394.49 299.23 226.78 270.58 594.34 573.98 164.43 284.72 424.24 366.64 292.98 275.17 339.46 344.60 453.19 293.23 132.65 193.06 247.41 322.36 423.76 517.96 189.02 269.77 155.35 331.25 265.94 155.52 208.48 316.96 151.79 320.86 435.05 491.16 604.62 ~4 25-117-24 11 0035 25-117-24 11 0043 25-117-24 11 0116 25-117-24 21 0106 25-117-24 12 0134 25-117-24-21 0007 25-117-24 21 0080 13-117-24 44 0051 13-117-24 33 0057 13-117-24 44 0014 13-117-24 33 0014 255.52 144.12 237.37 379.89 422.61 477.30 266.45 265.41 223.98 146.24 232.49 UNPAID MOWING BILLS: AMOUNT TO BE SPREAD OVER 1 YEAR 13-117-24 32 0069 205.00 UNPAID TREE REMOVAL BILL: AMOUNT TO BE SPREAD OVER 1 YEAR 13-117-24 22 0011 1,835.50 Pursuant to Minnesota Statutes Section 429.011 to 429.110, all property lying within the above described limits and benefiting therefrom is proposed to be assessed. The proposed assessment is on file for public inspection at the City Clerk's office. Written or oral objections will be considered at the hearing, but the Council may consider any objections to the amount of the proposed individual assessments at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk of the city within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. The City Council has adopted, pursuant to the authority granted by Minnesota Statutes 435.193 to 435.195, a resolution (#89-77) containing standards and guidelines for deferring the assessments for senior citizens for whom it would be a hardship to make the payments on homestead property. The standards and guidelines are on file with the City Clerk for your inspection. Francene C. Clark, city Clerk Publish in The Laker September 27, 1997. ~5 CITY OF MOUND, MINNESOTA NOTICE OF PUBLIC HEARING PROPOSED ASSESSMENT: CBD PARKING MAINTENANCE - 1996-97 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Hennepin County, Minnesota will meet in the City Council Chambers at 5341 Maywood Rd., at 7:30 P.M. on October 14, 1997, to hear, consider and pass on all written and oral objections, if any, to the proposed assessment. The general nature of the improvements to be assessed are as follows: CENTRAL BUSINESS DISTRICT PARKING MAINTENANCE - 1997 - Area within the following boundaries proposed to be assessed: Belmont Lane on the East Lynwood Boulevard to the North 700 feet West of Commerce Boulevard 700 feet South of Shoreline Drive Total Cost to be Assessed $9,534.49 Pursuant to Minnesota Statutes Section 429.011 to 429.110, alt property lying within the above described limits and benefiting therefrom is proposed to be assessed. The proposed assessment is on file for public inspection at the City Clerk's office. Written or oral objections will be considered at the hearing, but the Council may consider any objections to the amount of the proposed individual assessments at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. The City Council has adopted, pursuant to the authority granted by Minnesota Statutes 435.193 to 435.195, a resolution (//89-77) containing standards and guidelines for deferring the assessments for senior citizens for whom it would be a hardship to make the payments on homestead property. The standards and guidelines are on file with the City Clerk for your inspection. Publish in The Laker September 27, 1997. Fran Clark, CMC City Clerk DOCK AND COMMONS ADVISORY/ MINUTES August 21, 1997 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'~anar¥ 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. Go!dberg 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. Anrens 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. CITY OF MOUND 5341 MAY1NOOD ROAD MOUND, MINNESOTA 55364-16E (812) 472-0600 FAX (612) 472-0620 DATE: MEETING DATES: TO: FROM: STAFF REPORT August 7, 1997 August 21, 1997 Dock and Commons Commission September 9, 1997 City Council Dock and Commons Commission, City Council, and Applicant Sutherland, Building Official ~ . Jori SUBJECT: After the Fact Public Lands Permit Application from Thomas Stueve 1737 Canary Lane Dock Site//13300 Wiota Common Background/Comments. The applicant is seeking an after the fact permit as described in the attached narrative in order to replace trees cut and removed without authorization by the city. The agreement is as approved by the Parks Director and the City Attorney Craig Mertz. Recommendation. Staff recommends approval of a permit with the following conditions: 1. The replacemem plantings and related work shall be subject to the review and approval of the Parks Director. 2. In the event compliance with these conditions is not achieved as agreed, the Parks Director shall refer the matter back to the City Attorney for prosecution. JS.'kl The abutting property owners have been notified of this request. pnntet~ on recycled paper Rev. 4/97 PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Maywood Road, Mound, MN 55364 ' Phone: 472-0600, Fax: 472-0620 DISTRIBUTION: BUILDING OFFICIAL PARKS DIRECTOR DNR MCWD PUBLIC WORKS DATE RECEIVED DOCK MEETING DATE CITY COUNCIL DATE ~eheck one): I CONSTRUCTION ON PUBLIC LAND PERMIT - new consmcrioa. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT I-IOUSE$ OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. l). PUBLIC LAND MAIIWrENANCE PERSflT - t~ allow repairs m aa existing sm~cmre (City Code Section 320, Sub& 3). I CONTIN ATION OF STRUCTURE. m allow an exis~g encroachxaent to remain ia aa 'as is' condition (City Code Section 320, Subd. 3). LAND ALTERATION - change ia ~horeliae, draLuage, slope, ~ees, vegetation, fill, em. (Ci~ Code Section 320. Subd. 4). The structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the Cit~ to bring all these uses into conformance which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non-transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new ~ermit is applied for due to change in dock site holder. Phone (hOme) HT~-&55~ (work) ~0-~0~ Legal Lot LOT& lO-/k Block Description Subd. ~(5~ ~¢~ Property Dock Site % }~3~ Shoreline Contractor Name ~ ~ ~~ I~ Address Phone VALUATIOn/PROPOSED COST OF PROIECT ~NCLUDING LABOR & MATER/ALS): DESCRIBE REQUEST a PURPOSE: S~'~-- ~r77;%C~O0 5r~r~'r~ ~7- Signature of Applicant Dat~ Public Land Permit Application APPLICATION REQ~MENT$: Certificate of Survey: Per my agreement with ~Iames Fackler, Park Director, and Craig Menz, City Prosecutor, no survey is required. -- 2. ~Scaled drawing~ and specifications of proposed improvement; See attached exhibit it 1. 3. ,Proposed cost of Proiect: Cost of 4 new trees (2 Maples, 2 Ash) (1 ¼" to 1 ~" in baskets ~ $65) Labor -Delivery & Planting of trees Labor - Trimming/cutting of existing trees Miscellaneous expenses $ 260.00 150.00 150.00 50.00 Total Projected Cost 4. Photoeraphs of affected are,: See attached exhibit # 2. Statement of purpose for proposed chan~e: I am filing this "after the fact" public land permit based upon an agreement between myself, James Faclder, Park Director, and Craig Mertz, City Prosecutor. This agreement provides for the planting of four replacement trees on Wiota common adjacent to the property located on 1737 Canary Lane. The replacement trees would be planted during the month of September and would be trees ora trunk diameter of approximately 1 1¼" to 1 ½". As part of my agreement, lames Faclder, met with me at my house to assist me with developing a plan which would comply with City Ordinances. During this onsite meeting, I was advised that I could trim-up some of the existing mature trees in order to allow for the planting of new trees and to maintain my view of the lake, as allowed under the City Code, Shoreline Management, Section 350:1225, Subd. 4. A.2.b. I am also requesting permission to cut down three small maple trees that have grown into the base of one o£the large mature Oak trees. I am concerned that these small maples will cause damage or potentially shorten the life of the large Oak tree. In summar-,7, I ~n requesting permission to do the following changes to the bluff's located on Wiota common adjacent to 1737 C~n~'y Lane: l) 2) 3) Plant four new trees. Trim existing rr~ture trees. Cut down three small maples that have grown into the base of' a large Oak tree. Erosion control plan,: Per my agreement with James Faclder, Park Director, and Craig Mertz, City Prosecutor, no erosion control plan was required. However, the planting of four new trees will prevent future erosion in the areas where they are planted on the bluff. I will also monitor the bluffs for falling branches and will remove them to allow for the underlying brush to grow, thus developing a good root system to combat erosion. ?~a+. o£ / '11 O7/U~/g7 'l'Ug 07:UZ ~'AA ~iZ 33U 473~ GAANU ~g'l' '1'AA ~007 ~ uu~ TOt CITY OF MOUND - COMI'L~ FORNI TAKEN B¥~ .! ! ! ! ! LOC]%TION/ADDRESS OF COMPLAINTU OWNER' S ADDRESS ,~-'/z~Q~.~ OWNER'S PHONE TENANT TENANT'S PHONE COMPLAINT ISSUED BY ADDRESS DAY PHONE RELATED CODE SECTIONS bubd. 4. ~horeland Alteration-~. Alterations of vegetation and topography will be regulated to prevent'erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. A. Veaetation Alteration.~. Removal of vegetation necessary for the construction of structures and the construction nf roads and parking areas regulated by Section 350:1225, Subd. 5 of this ordinance is ex¢ from the vegetation alteration standards that follow. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 350:1225, Subd. 7 B. and C., is allowed subject to the following standards: · Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is prohibited. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. ELEVATIONS LAKE MINNETONKA DUTCH LAKE LAKE LANGDON In shore and bluff impact zones and on steep slopes on private property, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: (1) (2) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. Flood Elevation 931.5 (MCWD) 942 935 i Ordinary High Water 929.4 939.2 932.1 Lowest Floor Eievatic 933 942 937 s~ ~'$ Ca,~ ~ r'y' q-rd- CRAIG M. MERTZ LAW OFFICE P.O. Box 652/600 W. 79th St., Suite 210 Chanhassen, MN 55317 (612) 934-0419 Fax: (612) 975-9963 June 27, 1997 Thomas Allen Stueve 1737 Canary Lane Mound, MN 55364 Re: Vegetation Cutting on Wiota Common Dear Mr. Stueve: I am writing to you in my capacity as prosecutor for the City of Mound. This letter is intended as a memorandum of the conclusions which were reached at our meeting at Mound City Hall on June 10, 1997. The attendees at that meeting were you, Mr. Fackler from the City of Mound and me. It was agreed that you would apply for an "after the fact" permit for a shore land alteration. The application will provide for the planting of 7 or 8 replacement trees on Wiota Common adjacent to your home. These trees would be planted sometime next September and would be trees of a trunk diameter of approximately 1 1/4" to 1 1/2". Mr Fackler agreed that the City would supply you with a load of wood chips to be used as mulch under the replacement trees. It was agreed that the application would be filed at City Hall no later than July 9, 1997, that your application would be put before the Dock and Commons Advisory Commission at it s July 17, 1997, meeting and that it would come before the City Council at it's August 12, 1997, meeting. Mr. Fackler indicated that he was willing to meet with you on the property and assist you with developing a plan which would comply with the City Ordinances. If this does not correctly reflect our discussions as you recall them, please contact me as soon as possible. Very truly yours, CMM:cg Craig M. Mertz cc:.~ Shukle, Mound City Manager James Fackler, Parks Director $3oo OI~I~ANCE NO. 89-1997 AN ORDINANCE AMENDING SECTION 437 OF TI-IE CITY CODE RELATING DOCKS BY ADDING SECTION 437:16, EXCEPTIONS The City of Mound Does Ordain: Section 437:26 is hereby added to the City Code to read as follows: 437:16. Exceptions. The City Code may grant exceptions to the provision of Section 437:15 in instances where the Council finds that the exception is necessitated due to unusual circumstances; and if granted, would not have a detrimental impact on the public safety or welfare. The City Council may condition any exception upon such conditions as the Council shall in its sole discretion, deem appropriate. The exception and any conditions imposed on its granting will be shown on the dock license. Any violation of the conditions imposed shall result in the revocation or non-renewal of such license. The Council may refer any request for exception to the Dock and Commons Advisory Commission for review and comment prior to taking action. Mayor ATTEST: City Clerk Adopted by the City Council Published in The Official Newspaper, The Laker, CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 3370300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com RECEIVED SEP_ 4 JOHN B. DEAN Attorney at Law Direct Dial (612) 337-9207 September 3, 1997 Fran Clark City Clerk City of Mound 5341 Maywood Road Mound, MN 55634-1687 BY FAX AND U.S. MAIl, Re: James Krenik "/fter-the-Fact Variance Request" (5240 Pike Road) Dear Fram You will recall that following a review of ~e Mound City Code, we deterrn/ned that there was no procedure in place whereby the council could grant Mr. Krenik's request. Enclosed you will find a draft form as amendment to the Code which would permit to ~he council to grant exceptions to the construction and location provisions contained in Section 437.15 of the Code. The language is somewhat general on purpose. The intent would be to give the council flexibility in determining when and under what conditions exceptions would be allowed. I have not used the term "variance" because I do not want this approval confused with the variances which have their own set of procedures and legal authority regarding their issuance. I have not included a provision which would require a fee for the exception request. I would be glad to do so if requested. cc: J. Fackler JBD129267 MU200-1 City Council Minutes - August 12, 1997 1.8 JAMES KRENIK, 5240 PIKE ROAD, AFTER-THE-FACT-VARIANCE FROM CITY CODE RELATING TO DOCK DESIGN. The request is for a dock that is 2 feet wider than allowed by the ordinance. Councilmember Weycker questioned using the word variance for a dock. following: 1. Granting an exception (variance) for ten years. The Council discussed the 2. Whether the dock is a permanent structure. It has since been determined that the dock is not a permanent structure. 3. What happens if there is congestion in the dock area sometime in the 10 years. This dock area has a 30 foot spacing and even with the exception, there is still a 31 foot spacing. 4. The dock is a private structure on public land even though it is not permanent. The City Attorney suggested drafting a resolution for an exception to the dock ordinance listing the conditions for allowing the dock. Councilmember Hanus suggested the following in the resolution: a. When the pilings come out or deteriorate, is when the exception would end or if and when congestion in this dock area occurs. The applicant agreed that if there was a problem, he would move the dock or reduce the width. He explained that he built the dock so it would be stable. MOTION made by Weycker, seconded by Jensen directing staff to prepare a resolution of approval for an exception in dock design for James Krenik, 5240 Pike Road. This resolution will be brought back at the August 26, 1997, Council Meeting for approval. The vote was unanimously in favor. Motion carried. DOCK AND COMMONS ADVISORY COMMISSION MINUTES JULY 17, 1997 JAMES KRENIK, 5240 PIKE ROAD Fackler reviewed the request for an after-the-fact variance from City Code relating to a dock design. The dock exceeds the width by 2 feet. He recommended the dock conform to the Code requirement. He stated there is a question how the LMCD would look at this. If deemed to be a permanent dock, an LMCD permit would be required. He recommended this be referred to them. James Krenik, 5240 Pike Road explained why the dock is configured the way it is. He stated there is no way a regular dock can be walked on. He noted it is in the exact location as the old dock. He discussed the dock construction and how the measurement was calculated. He explained the wood posts were used for safety concerns. He discussed compromises to adjust the dock size. Bev Botko, neighbor stated the dock is more stable now and she supported the new dock. ' Ahrens asked if the dock would be removed at the end of the season. Krenik stated he would like to keep it in year round. Ahrens asked why this should be taken to the LMCD. Fackler stated there is a question about the permanency of the dock. Ahrens asked if a permit has been issued yet. Fackler noted one has not. Krenik discussed his concerns about safety. He didn't believe this area is being congested any more than it already is. Ahrens asked for clarification of how the width is determined. McCaffrey stated the width is considered to be the platform. In response to a question from the audience, Fackler noted it is the LMCD's determination what constitutes a permanent dock vs. one that stays in all winter. Goldberg asked if the silt situation is a significant reason to approve the dock. McCaffrey agreed docks in silt are less stable. Ahrens asked what provisions are in the Code now to approve a variance to dock widths. Fackler stated it is up to the DCAC to make a recommendation. The other docks must also be considered. Goldberg didn't believe this is a problem if there is justification and there is a consensus the silt/safety issue is a problem. Fackler suggested putting a limitation on the dock itself, and if the configuration changes, the reduction would have to come into compliance. Ahrens stated the spacing between the docks is 30' and this dock is at 31'. ' Dock and Commons Advisory Commission july 17, 1997 Page 3 Tulberg stated he would defer it to the LMCD. Fackler stated the applicant has indicated the dock is removable. Hopkins stated a legal dock would be just as stable. He asked if it could be approved if there were a "T" on the end. McCaffrey stated it wouldn't matter. Goldberg suggested a condition be placed that the dock be limited to a straight dock. Hopkins asked how long the posts will last. Krenik stated they should last ten years. Goldberg suggested the width be brought back to four feet when the dock is replaced. Motion by Goldberg, seconded by Tulberg given the safety concerns of docks in that amount of silt, an increased structural dock makes sense, and given that neighborhood, there isn't a major space problem; therefore, motion to recommend approval of the after-the-fact variance to remain at six feet in width with the following conditions: ~) toward satisfying the principal of not increasing congestion, limit the dock to a straight dock; 2) towards eventually conforming to the ordinance when the posts rot out, bring the dock back down to four feet. Motion carried unanimously. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM July 3, 1997 TO: DOCK & COMMONS ADVISORY COMMISSION FROM: JIM FACKLER, PARK DIRECTOR SUBJECT: REQUEST FOR VARIANCE OF DOCK DESIGN SITE #22600 A request has been received for a after-the-fact variance to Mound city Code, Section 437:15 ~Maximum Dimensions, Prohibited Design of Docks'. The applicant is Mr. James Krenik, who has a abutting home at 5240 Pike Road, on Waterside Common. The dock that was installed exceeds in the width by two feet. As you will note on the attached exert from Mound City Code 'Docks for which a license is required by this Section 437:15 shall not be less than 24" wide or more than 48" in width...'. To aid in keeping people informed on these limitations information is sent with every renewal dock application. This information is addressed on the City of Mound Dock Program Information sheet and the Cover Letter, of which copies are attached. Staffs recommendation is to follow City Code based on principle that the limitations of the dock dimensions reduce the congestion of multiple city docks. Mound City Code Section 437:15 Section 437:15. Maximum Dimensions, Prohibited Desien of Dock.,;. Docks for which a license is required by this Section 437:15 shall not be less than 24" wide or more than 48" in width with the exception that one 72' x 72" section is allowed on L, T, or U shaped docks provided that this configuration be limited to a setback of 10 feet from private property and shall not infringe on an adjacent dock site. Docks shall not exceed 24 feet in length except where necessary to reach a water depth of 48", using Lake Minnetonka elevation levels of 929.40 feet above sea level. Channel docks, where navigation is limited and docks must be installed parallel to the shoreline, cannot be less than 24" wide or more than 72" in width. The length shall be lirrfited to a setback of 10 feet from private property or not to infringe on an adjacent dock site. Docks shall be of plank or rail construction. Dock posts shall be of equal height above the dock boards and shall be at least two rail construction and constructed to comply to standards and specifications approved by the Dock Inspector. All docks shall be built or placed with the longitudinal axis thereof perpendicular to the shoreline unless variations otherwise may be permitted in accordance with the conditions of the area. Docks which are in existence June 1, 1989, shall be brought into compliance with all provisions of the City Code when expansion or modification is requested, or replacement of 50% or more of any such dock that is damaged, destroyed, or deter/orated. (ORD.//38-1989 - 1-2-90) (ORD. 45-1990 - 12-29-90) (ORD. #66- 1993- 12-27-93) CITY OF MOLl/ND DOCK PROGRAM INFORMATION 'he City of Mound is licensed by the Lake Minnetonka Conservation District {LMCD) to operate ~Droxi~ately 400 multiple docks. To be eligible to lease one of these sites, you must be il~ermanent or summer resident of Mound. Applications are available at City Hall on the ~st working day of the year for new applicants, and are mailed to licensee's from prior year during December each year. See dock application for current fees. These fees are due ~ith the completed application by February. 28th. The following priorities govern the issuance of dock licenses per the Mound City Code. aa. Last Priority. Residents owning private lakeshore within the City which has dockable lake frontage shall have the last priority each year for a dock on public lands. a. First Priorit~ An abutting owner has first priority for a City designated location within his or her lot lines extended to the shoreline. Docks shall be located in accordance with the dock location map. b. Second Priority. A licensee or, if licensee has not applied for a new dock license, the shared owner as shown on the permit application for the preceding year, has second priority when applying for a dock permit for the same location held by the licensee the immediately preceding year. Second priority licensee has no priority of dock locations where a first priority license is in effect. c. Thir4 Priorit¥~ A duly qualified applicant has third priority on locations vacant after the first and second priority applications have been made within the prescribed time limit described in this ordinance. Licenses will be issued to such applicants in the order of application dates. There shall be no third priority where the first and second priorities are in effect. Residents owning private lakeshore within ~he City which has dockable lake frontage shall have the last priority each year for a dock on public, lands. d. Administration of Priorit?~ The Dock Inspector shall assign all locations to the applicants upon compliance with this ordinance and subject to reasonable conditions and Council approval. Ail applications received after February 28th shall be subject to a minimum late fee of $20.00, and will be placed in a third priority category. There will be no late fee charged new residents who apply after February 28th of the calendar year in which the resident es to the City. Residents of the City of Mound, 65 years of age or older, shall pay 50% the required license fee for a dock. RULES AND REGULATIONS (PORTION OF CITY CODE SECTION 437) Subd. 1. Dock Location Map Definition. There shall be on file in the City Hall a drawing of the City of Mound that is maintained by the Dock Inspector showing the approved locations of private docks that may be constructed on or abutting public shoreland under the control of the City. Subd. 2. Annual Review of MaD~ Approved dock location maps shall be kept and maintained by the Dock Inspector and shall be reviewed by the Park and Open Space Commission at least once a year. The Park Advisory Commission shall review the dock location map between September 1 and December 31 before each new boating season so their recommended changes may be referred to and considered by the City Council on or before January 15. Maps shall contain all approved dock locations as established by the Council upon the advice and recommendation of the Dock Inspector and Park Advisory Commission. Final approval of the dock location map and the number of dock licenses to be permitted shall be recommended by the Dock Inspector, reviewed by the Park Commission and Approved by the City Council. Subd. 3. Dock Inspector to Review Application. The Dock Inspector shall determine and approve the location of each permit according to the specifications of the approved dock location map. Subd. 4. Costs of Erection and Maintenance. Licensed docks shall be erected and maintained by the licensee at his or her sole expense and liability for same. Subd. 5. Suspension of Eliqible Location. The City Council may suspend a dock location where it appears that a location as established on the dock location map reasonably interferes with the use of public waters or imposes a hardship on property owners abutting .treets or public commons. on public at_ o~ a ~rm ach resident family. An apartment building or itted for e .......... ..~ ..... s He or she is entitled to apply :or ~ot apply for dock licenses :or hzs ren=er~ ur ~=~=== · an individual private dock license for himself or herself if he or she is a resident of the City. Subd. 7. Construction Materials; Use of Car Tires. All private docks shall be constructed cf materials specified by the Building Inspector a~d the Dock Inspector and in accordance with all building codes of the City. The standards for the public health, safety, and neral welfare and neither the materials or the workmanship for an approved licensed private ck shall result in docks being located on public lands which are unsightly, unsafe or create a public nuisance. No tire or tires shall be hung or attached on dock posts, dock poles, or on dock hardware of any dock on or abutting public shoreland under the control of the City. (ORD. #40-1990, 1-29-90) Subd. 8. ~ns -~e - License Revocation. The Dock Inspector or such other officer ~s may be designated by the City Manager or the City Council, may at any reasonable time inspect or cause to be inspected any dock erected or maintained upon or abutting upon any public street, road, park, or commons, and if it shall appear that any such dock has not been constructed or the area surrounding the dock site is not being maintained in accordance with the application or the license granted therefore, or with the plans or location approved by the Council, or shall it appear that condition that no longer complies with the requirements of this ordinance such dock is in a or other ordinances of the City, the City, by its City Manager or any other officer designated by him, shall forthwith notify the owner thereof in writing specifying the way or ways in which said dock does not comply with the ordinances of the City, after which said owner shall have ten days to remove such dock or make the same comply with the terms of the City's ordinances and the terms of the application and issuance of the license granted to said licensee. In the event such owner shall fail, neglect, or refuse to remove such dock or make the same comply with the terms of the City regulations within the period of ten days, the license therefor shall be revoked by direction of the City Council or the Dock Inspector and by notice in writing to the licensee, and said notice shall be issued by the City Manager or any other officer designated by him or her. Any appeal will be made in writing and submitted to .the City Manager by a certified letter or by personal delivery to the City Manager for his or her ~consideration. ~Subd. 9. Notice of Revocation. All notices herein required shall be in writing by ~certified mail, directed to the l~censee at the address given in the application. ~ Subd. 10. Dock~ No person shall store, leave or abandon any dock, dock section, dock poles or dock hardware on any public road, street park or Commons except for winter storage in approved areas. ' "~d. ll. Removal Deadline. Ail private docks abutting any public road, street, park, or · nmons must be removed from The waters of Lake Minnetonka or other navigable waters no later ~ ,nat November 1 of the license year unless it is a winter approved dock location as shown on the master dock map. ubd. 12. ~ockinq of Non-Owned Watercraft. Docking of boats not owned by the dock licensee Ks not permitted for a period in excess of 48 hours] Section 437:15. Maximum Dimensions, Prohibited Design of Docks. Docks for which a license is required by this Section 437:15 shall not be less than 24" wide or more than 48" in width with the exception that one 72" x 72" section is allowed on L, T, or U shaped docks provided that this configuration be limited to a setback of 10 feet from private property and shall not infringe on an adjacent dock site. Docks shall not exceed 24 feet in length except where necessary to reach a water depth of 48", using Lake Minnetonka elevation levels of 929.49 feet above sea level. Channel docks, where navigation is limited and docks must be installed parallel to the shoreline, cannot be less than 24" wide or more that 72" in width. The length ~hall be limited to a setback of 10 feet from private property or not to infringe on an ad. -:ent dock site. Docks shall be of plank or rail c ' of e~..al height above the dock bo -a- --~ _ _ onstruc~lon. ~ock posts shall be constructed to com~l,- to st--~ .... ~'~ ..... .~ha~l b, at least two rail construction and ~ ~ ~u~u~ an~ specifications approved by the Dock Inspector. Ail docks shall be built or placed with the longitudinal axis thereof perpendicular to the shorelzne unless varzatzons otherwzse may be permitted in accordance with the topographical conditions of the area. Docks which are in existence June 1, 1989, shall be brought into compliance with all provisions of the City Code when expansion or modification is requested, or replacement of 50% or more of any such dock that is damaged, destroyed, or deteriorated. (ORD. #38-1989 - 1-2-90) Section 437:20. Penalties. Any person or persons who shall violate any of the prohibitions or requirements of this ordinance shall be guilty of a misdemeanor. In addition to any criminal penalties as above provided, the City Council may remove or cause to be removed any dock erected without a license as required by this Section 437, or where any license has been revoked as provided by this Section 437. Removal of unlicensed docks or docks which fail to comply with the City Code will be at the expense of the owner or licensee. No person convicted of violating City ordinances relating to docks will be issued a dock license for e present or for the next boating season, and said person forfeits any priorities set forth .~ this Section 437. NOTE: The use of fertilizer, herbicides and pesticides is not recommended on city property. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 December 31, 1996 Dear Dock License Applicant: Enclosed is your 1997 Dock License Appiica~ion Form. The dock fees for 1997 have remained the same as 1996. Following are some general rules relating to your dock license. Permits will not be issued to any non-resident of Mound. Proof of residency or proof of boat ownership must be furnished if requested. Any false information given or violations of Dock Ordinance 437 shall be reason for denial or revocation of permit. [The Dock Ordinance is available for viewing at City Hall.) 2. DUE DATE: All 1997 Dock License Applications must be received by FEBRUARY 28, 1997, (must be postmarked by a U.S. Post Office by February 28, 1997). Applications received on March 1, 1997 and before April 1 are subject to a minimum late fee of $20.00 and are placed in the third (3rd) priority category. FEES: Application renewals for non-abutting residents not received BY MARCH 31 st will not retain a second (2nd) priority status, and will be placed in a third (3rd) priority category. ,~:-',~o,,,~,,~o abutting the commons who have not submi~ed their renevvai application by FEBRUARY 28, 1997 will be subject to a minimum late fee of $20.00 and will be placed in a third (3rd) priority category if fee is not paid by March 31. The base fee is based on the shape of your dock and ranges from $150.00 to $235.00. Interpretation of the type of dock installed and applicable fee may need to be determined by the Dock Inspector or Park Commission. L.M.C.D. Fees. The City of Mound is required to pay to the Lake Minnetonka Conservation District Letter to ',Applicant Page 2 Senior citizens are eligible for reduced rates. Senior Citizens (65 years or older at time of application) pay 1/2 the base permit fee for the type of dock they desire. Senior citizens sharing a dock, with a non-senior pay 1/4 the base permit fee for the type of dock they desire. The non-senior sharing a dock with a senior pays 3/4 the base permit fee, plus the $30.00 share fee. WATERCRAFT LICENSES REQUIRED. A copy of the Minnesota Watercraft License is required to be submitted for each boat or watercraft to be stored at your dock, including boats of shared dock holders. A DOCK LICENSE WILL NOT BE ISSUED WITHOUT THIS INFORMATION. No dock can be installed until a dock location site is granted by the Dock Inspector Licenses and permits are Non-Transferable. Dock licenses issuea Dy t~e City are personal in nature and may be used only by the licensee or members of their households. No dock licensed by the City or located on public streets, roads, parks, or public commons may be rented, leased, or sublet to any person, partnership or corporation. If a licensee or permit holder rents, leases, sublets, or in any manner charges or receives consideration for the use of his or her dock, his or her license shall be revoked. 7. CONSTRUCTION ON PUBLIC LANDS. YOUR A permit is required for construction of any kind on any public lands, or the alteration of the natural contour of any public lands, such as: stairways, retaining walls, trimming of trees, etc. No person shall maintain any boathouse or other structure on public lands without first receiving a special Maintenance Permit from the City, in accordance with Section 320 of the City Code. Applications for remodeling, maintaining or repairing existing boathouses, retaining walls, stonework, decks, landscaping, trimming of trees or brush, or other types of improvements on public lands may be obtained from the Building Department.' RESPONSIBILITIES AS A DOCK LICENSE HOLDER materials. Install your own dock that meets City specifications for safety, size and be Maintain the cleanliness of the area by your site, including grass cutting and weed trimming. Aquatic plants that are protected by law require permits prior to removal. Remove Eurasian Water Milfoil from the shoreline around your dock. Ce Boats, dock sections, pipes, posts, and other materials cannot be stored on public land during the boating season, and must be removed by June 1. 48 inch ~nxtmum width. PLANK CONSTRUCTION 2/90 L, T, or U Docks One 72" x 72" section is allowed provided required setbacks to adjoining docks sites are maintained. 2 - RAIL CONSTRUCTION 3 - RAIL REQUIRED IF WALKING SURFACE IS OVER 30 INCHES WIDE. MAXIMUM 8 FEET APART. POLE ~.i G'R'r HUST BE CONSIST~2Cf ABOVE WALKK RESOLUTION NO. 97- RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE A SATISFACTION OF MORTGAGE FOR KOENIG & SCHWERT, 2305 COMMERCE BLVD. WHEREAS, on July 20, 1984, Koenig & Schwert, a partnership consisting of Richard M. Schwert and William R. Koenig, obtained a loan from the Downtown Loan Fund to improve the appearance of their building at 2305 Commerce Blvd. legally described as follows: "That part of Lot 3, Auditor's Subdivision No. 167, Hennepin County, Minnesota, which lies Northerly of the following described line: Commencing at the Southwest corner of said Lot 3; thence north along the West line of said Lot 3 a distance of 17.4 feet to the point of beginning of the line to be described; thence easterly deflecting right 90 degrees 08 minutes 14 seconds a distance of 109.00 feet; thence easterly to a point on the East line of said Lot 3 distant 1.12 feet north, as measured along said East line, from the southeast corner of said Lot 3 and said line there ending." WHEREAS, this mortgage was filed in Hennepin County on July 23, 1984, as Document Number 4929595; and WHEREAS, on September 8, 1997, Koenig & Schwert paid this mortgage off and are now requesting a Satisfaction of Mortgage. BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby authorize the Mayor and City Manager to execute a Satisfaction of Mortgage for Koenig & Schwert, a partnership consisting of Richard M. Schwert and William R. Koenig, 2305 Commerce Blvd. SATISFACTION OF MORTGAGE Form No. 51- M Miller-Davis Co.. Minneapoii.~ I 10-3-86} Minne~Ot~ Uniform Convcyan~:in~ Bl&nks 11986) By Corporation or Partnersl~ip Satisfaction Of Mortgage Date: september 23, ,19 97 (reserved for recording data) THAT CERTAIN MORTGAGE ownedby the undersigned, a Minnesota Mun]¢]0a] Corpnratinn under the laws of THE STATE OF MINNESOTA ,dated .lilLy _'20 ,1984-, executedby BOB POLSTON, MAYOR AND J0N ELAM. CITY MANAK, FR CITY OF MOUND , as Mortgagor, to KEONIG & SCHWERT, a partnership consisting of Richard M. ~rhwmrf mhd Wi!!iam R. Keenig for 2305 Commerce Blvd., Mound, MN. , as Mortgagee, and filed for record July 23, ,1984 , as Document Number 4929595 (or in Book of Page ), in the Office of the (County Recorder) (Registrar of Titles) of Hennep i n County, Minnesota, is, with the indebtedness thereby secured, fully paid and satisfied. CITY OF MOUND By Its ACTING MAYOR By Its CITY MANAGER STATE OF MINNESOTA t ~' COUNTY OF HENNEPIN , The foregoing instrument was acknowledged before me this 23RD day of by ANDR[A AHRENS and EDWARD 3..~HIIKI F= the ACTING MAYOR .and- CITY MANAF, FR of TH[ CITY OF MOUND under the laws of STAT[ OF MINNESOTA , on behalf of the THIS INSTRUMENT WAS DRAPT~:D BY (NAME AND ADDRESSk FRANCENE C. CLARK/LEISINGER SEPTEMBER ,1997 , ,1R , ,a MN MIINI£1P~I C0~O0PiTIaN CITY OF MOIIN5 CITY CLERK SiGNATUREOFPE~ONTAKINGACKNOW~DGMENT CITY OF MOUND 5341MAYW00D ROAD NO~^~^~S?^M~O~SE^~(O~O~E~O~ MOUND, MN. 55364 RESOLUTION NO. 97- RESOLUTION AUTHORIZING THE CITY MANAGER OR FINANCE DIRECTOR TO EXECUTE AND SIGN SUB-GRANT AGREEMENTS AND AMENDMENTS ON BEHALF OF THE CITY OF MOUND BE IT RESOLVED, that the City of Mound, Minnesota, enters into a Sub-grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1187-DR- MINNESOTA. BE IT FURTHER RESOLVED that the City Council of the City of Mound, Minnesota, does hereby authorize City Manager, Edward J. Shukle, Jr. or Finance Director, Gino Businaro to execute and sign such Sub-grant Agreements and amendments as are necessary to implement the project on behalf of the City of Mound. I certify that the above resolution was adopted by the City Council of the City of Mound, Minnesota, on September 23, 1997. SIGNED: WITNESSSETH: (Signature) (Signature) (Title) (Title) (Date) (Date) August 26, 1997 RESOLUTION NO. 97- RESOLUTION TO AUTHORIZE THE INSTALLATION OF A STREET LIGHT ON DUNDEE ROAD NEAR DUNDEE PARK WHEREAS, the City received a request to install a street light on Dundee Road near Dundee Park; and WHEREAS, the request was researched by the Staff and was found to be a legitimate request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby authorize Northern States Power to install a street light on Dundee Road on the power pole between 3041 and 3057, near Dundeee Park. Date: To: From: Re: Chief Harrel~7~o' Officer Ewa~ Street light request for Dundee Park I checked the lighting in the area of Dundee Park on three occasions over the last week and have witnessed that several children in the area do utilize the park during the day and evening. The park is very dark and is one of the few parks that has no street light in the area. I did not witness teenagers congregating in the park during the night time hours as several of the neighbors have stated, however, I believe it may be occurring. I contacted several of the fourteen people who have signed the petition who are very concerned about the safety of their children in the park area, especially in the fall and winter when it gets dark earlier. Of the eight people who were not at home at the time of the signing of the petition I was able to contact four of them. These four individuals were in favor of a light in the park area also for the security of the children and to eliminate the vandalism. I believe that the street light is necessary and would not only ease the concerns of the residents in the area, but would add security to the those playing in the park and the park itself. I would suggest that the street light be put on an existing power pole located on the east side of Dundee Park, which will create a well lit park and better lighting for Dundee Lane which currently has no street lights in that area. Ken & Germaine Persing Mound, MN 55364 Monday, August 25, 1997 City Of Mound C/O Joyce 5341 Maywood Blvd. Mound, MN 55364 Dear City of Mound, We, the residents of Dundee Lane, have a great concern for the safety of our neighborhood and respectfully request that a street light be installed at Dundee Park. There is only one light on the North end of the street, .near Donald. There have been increasing incidents of vandalism occurring over the summer. Juveniles between the ages of 13 and 16, have been seen in the park smoking and drinking in the park after dark, nuts removed from the park equipment, cars have been egged. Most recently, a vehicle parked on the street directly across from the park, was severely vandalized, and nearly stolen. We believe that a light on the telephone poll in front of the park would help to minimize the possibility of crimes increasing in the immediate area. We, the undersigned residents of Dundee Lane, support the installation of a street light. Thank you for your time and efforts. Sincerely yours, Name . Sign. ature Address Date BILLS- ........ September 23, 1997 BATCH 7092 Total Bills $141,596.04 $141,596.04 : I I I I ~3 ,,..I o~ ~JZ i~iQ~ ~ .-.,) :IX .-IZ 4.1 o .. Z .I Z Z ~Z I T 0 n-.jj .~Z ? Z .~-4 ,--4 ° ! I I I -J Z ::3 Z '] ooo~ x IIIII 0oo0o I I I I I z F U LU ?' September 23, 1997 RESOLUTION g97- RESOLUTION TO APPROVE AN EXTENSION OF RESOLUTION//96-69, FOR A CONDITIONAL USE PERMIT TO ALLOW A MINOR AUTO REPAIR BUSINESS FOR MEYER'S MOUND SERVICE LOCATED IN THE B-1 CENTRAL BUSINESS DISTRICT LOTS 1, 2, 3 & s 1/2 OF 47, 48, 49, BLOCK 9, PID'S 23-117-24 14 0043 & 0050 P&Z CASE//96-26 WHEREAS, Richard R & Connie L Meyer, owners of Meyer's Mound Service, have applied for an extension to their Conditional Use Permit to allow an Auto Repair Business, that was granted on July 9, 1996 by Resolution #96-69, and; WHEREAS, Mound Zoning Ordinance Section 350:640 allows Minor Auto Repair Businesses in the B-1 Zoning District with a Conditional Use Permit, and; WHEREAS, it is the intent of the owners to comply with the conditions as listed in Resolution #96-69, however the scheduling of contractors needed to complete the project, has led to delays in finishing conditions a. and b. as stated below; and, WHEREAS, it has been agreed upon between the owners, Building Official and recommended unanimously for approval by the Planning Commission, to extend the time of completion of the below listed conditions until December 1, 1997. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City Council does hereby approve an extension until December 1, 1997, of Resolution #96-69, granting a conditional use permit for Meyer's Mound Service as a Minor Automobile Repair facility subject to the following conditions: a. Overnight outdoor storage of vehicles on the site shall be limited to the area north of the structure. All vehicles stored on the site shall have current vehicle license tabs. The sale of vehicles on the property is prohibited. b. The outdoor storage lot on the north side of the building shall be improved consistent with City ordinance requirements. Said improvement shall include but not be limited to bituminous surfacing and construction of required fencing. c. All trash and parts storage shall be screened. The applicant shall prepare and submit a screening plan for review and approval by the Mound Building Official. d. Any future changes in signage for the business shall comply with the Mound Sign Ordinance. Proposed Meyer's Resolution September 23, 1997 Page 2 o o e. All vehicle repair activities shall occur inside the building. f. This conditional use permit shall be reviewed one year from the date of City Council approval at no cost to the applicant. g. Tax parcels 23-117-24 14 0043 and 23-117-24 14 0050 shall be required to be under one ownership and if either parcel is sold or transferred, this Conditional Use Permit shall immediately become null and void and the new owner or owners shall be required to reapply for a new Conditional Use Permit. This Conditional Use Permit is granted for the following legally described property: Lots 1, 2, 3, and the South half of 47, 48, and 49, Block 9, Mound Bay Park, PID 23-117-24 14 0043 and 0050. 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. o This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember seconded by Councilmember and The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Attest: Mayor PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound City Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: September 8, 1997 SUBJECT: Conditional Use Permit Review OWNER: Richard and Connie Meyer - 2620 Commerce Blvd. CASE NUMBER: 96-26 HKG FILE NUMBER: 97-5cc LOCATION: 2620 Commerce Blvd. EXISTING ZONING: Central Business (B-l) COMPREHENSIVE PLAN: Business BACKGROUND: This item has been placed in the Planning Commission and City Council agendas as a part of the yearly review condition of the conditional use request approved in July of 1996. To supplement this yearly review the Planning Report and approved Council Resolution are included in your packets. In the Planning report is a chronology of events on the site. COMMENT: As you will notice upon visiting the site, there has been little in the way of progress in meeting the conditions of the previously approved permit. The conditions as approved by Council are spelled out in the Resolution included in your packet. To date, it does not appear that any of the conditions have been satisfied. Parking on-site continues to occur in the front and sides of the building. Parking in the rear has not occurred largely because the underground tanks have disrupted the area. This has also prevented the installation of screening along the east and north sides of the property. Additionally, on numerous occasions, the Building Official has observed vehicle repair outside the building. In a recent conversation with the owner, he stated that the reason for the lack of compliance with the parking and screening conditions was the removal of the underground tanks and scheduling a contractor to complete the retaining walls. If the tanks had not needed removal, the work would be completed. The owner also discussed the difficulty of parking cars in the rear. It is a regular occurrence for cars to be dropped off in the evening after work hours when business is closed. The owner stated that he fully intends to comply with the conditions except the vehicle parking which he feels he is entitled to because it is a part of any automotive repair business. When asked how long it will take for the parking lot and screening to be completed, the owner stated the contractor was the holdup at this point and everything else is ready to move forward. It was agreed that the work could probably be completed by December 1 of this year. P. 2 Meyer Conditional Use Permit Review As indicated by Mr. Meyer, he fully intends to comply with all of the conditions of the permit except for the issue of parking cars in the front and sides of the building. Mr. Meyer feels it is common for other auto repair businesses to park cars in the front. There are a couple of approaches Council could take on this issue. If the parking is a condition that should not be compromised, enforcement action could be stepped up to cite parking violations. A second approach would be to require the majority of parking in the rear but allow a small number of parking spaces out front for drop-off purposes. This approach would help with promoting a certain level of attention to the inventory of cars at least in front of the building. RECOMMENDATION: Staff recommends the previous conditions as stated in the resolution be upheld and that all conditions be satisfied by December 1, 1997. Staff would also recommend Council discuss the parking issue in front of the building with the applicant. If the conditions are not satisfied by this time, the City could then proceed with appropriate legal action to remedy the situation. MINUTES - MOUND CITY COUNCIL - JULY 9, 1996 1.1 PUBLIC HEARING: CONSIDERATI N OF A CONDITI NAL USE PERMIT T ALLOW A MINOR AUTO REPAIR BUSINESS FOR MEYER'S MOUND SERVICe; .~_O_C_ATED IN THE B-1 CENIRAL BUSINESS DISTRICT AT 2610 COMM~;RCI,i LVD., PID//23-117-24 14 0043 & 0050. - City Planner Mark Koegler stated the owners had applied for an amendment to their Conditional Use Permit to allow an Auto Repair Business in the B-1 District. He reviewed the conditions with the Council and stated staff and Planning Commission unanimously recommended approval. Councilmember Jensen questioned the actual number of vehicles allowed to be parked overnight on the lot. Discussion revolved around there not being a limited number of vehicles, rather keeping the parked vehicles within the north lot. Mayor Polston opened the public hearing and asked if there was anyone present who wished to comment either for or against this item. Mr. Meyer was present and stated that he did not want a limit on the vehicles as vehicles will be coming and going frequently. Weather conditions often dictate the count of vehicles as his business was AAA authorized. Also, he had agreed, as the Planning Commission had requested, to not have any overnight parking on the south side of the property along Bartlett Boulevard. Then Mr. Meyer questioned item 'g' in the conditions regarding the two parcels being combined. He stated he could not do this as the north lot was on a contract for deed and not paid off yet. He would like to have that portion of the resolution removed. Council discussed this and the City Attorney reworded item 'g' to read: Tax parcels 23-11%23 14 0043 and 23-117-24 14 0050 shall be required to be under one ownership and if either parcel is sold or transferred, this Conditional Use Permit shall immediately become null and void and the new owner or owners shall be required to reapply for a new Conditional Use Permit.' Mr. Meyer was in agreement. City Manager Ed Shukle read a letter from a neighboring resident, Mr. Tom Reese, that stated his agreement with the business proposal. Being no more comments for or against, Mayor Polston closed the public hearing. Mayor Polston was concerned with the possibility of complaints of too many vehicles and if the resolution did not state an actual count, what guidelines did the City have to enforce over parking? Councilmember Jensen suggested changing the word 'parking' to 'storage' of vehicles. Mayor Polston stated that if the resolution was not defined clearly, a precedence could be established. Consensus was to let the area in use be the definition. Councilmember Jensen moved and Councilmember Hanus seconded the amended resolution: RESOLUTION//96-69 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A MINOR AUTO REPAIR BUSINESS FOR 3v[EYER'S MOUND SERVICE LOCATED IN TFiE B-.I CENTRAL BUSINESS DISTRICT LOTS 1, 2, 3, & S. 1/2 OF 47, 48, 49, BLOCK 9, PID'S 23-117-24 14 0043 AND 0050. PZ //96-26. The vote was unanimously in favor. Motion carried. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 10, 1996 CASE 96-26: CONDITIONAL USE PERMIT- MEYER'S MOUND SERVICE (PUBLIC HEARING). RICHARD & CONNIE MEYER, 2620 COMMERCE BLVD., LOTS 1, 2, 3 & S. 1/2 OF 47, 48, 49, BLOCK 9, PID 23-117-24 14 0043 & 0050 Mark Koegler, City Planner, reviewed the Planning Report. As a result of complaints received about the overall appearance of the property and the number of vehicles parked on the site, the Building Official determined that the use of the property has changed substantially over the years without any update or modification of the conditional use permit. A chronology of the site was reviewed. The gas pumps have been removed and sale of gasoline has discontinued. It is assumed that the underground gas tanks are still in place. It is important that Meyer's Mound Service have a conditional use permit that accurately reflects the business that is conducted on the site. Since the business has continued to grow and evolve over the past 15 years without updating the permit, there are now a number of ordinance requirements that apply to the property. Issues that need to be addressed in updating the conditional use permit include: Use of the property. The existing special use permit allows only transmission repair on the site. Based upon the application, materials submitted, it appears that the facility qualifies as a minor automobile repair business. Planning Commission Minutes ~'01 June 10, 1996 On-site parking. The special use permit which has never been updated limits parking to one vehicle. The applicant has requested parking for 25 vehicles. Based on the capacity of the off-street parking area, it seems that limiting parking to 15 vehicles is consistent with the conditions placed on Shoreline Automotive is reasonable. Parking lot. The parking area currently has a gravel surface. The Zoning Code requires that all parking areas and access drives serving commercial property be paved with bituminous or concrete surfacing. The code also states that parking lots cannot be located closer than 5 feet from an adjacent lot zoned or used for residential purposes. The code also requires fencing along the east side of the parking lot. That provision requires that "a fence of adequate design, not over five (5) feet in height nor less than four (4) feet in height shall be erected along the Residential District property line." Trash and parts storage. City Code requires the screening of all dumpster enclosures. The original special use permit prohibited outside storage of parts, material and other equipment. The existing dumpster as well as all parts storage needs to be screened. Staff recommended that the Planning Commission recommend approval of a conditional use permit for Meyer's Mound Service as a Minor Automobile Repair facility subject to the following conditions: Parking on the site shall be limited to a total of 15 vehicles. All vehicles parked on the site shall have current vehicle license tabs. The sale of vehicles on the property is prohibited. The parking lot on the north side of the building shall be improved consistent with City ordinance requirements. Said improvement shall include but not be limited to bituminous surfacing and construction of required fencing. All trash and parts storage shall be screened. The applicant shall prepare and submit a screening plan for review and approval by the Mound Building Official. Any future changes in signage for the business shall comply with the Mound Sign Ordinance. 5. All vehicle repair activities shall occur inside the building. Mueller confirmed that other similar businesses used for comparison are Shoreline Automotive, Mound Collision and the old Arco (now Glass Plus). 202 Planning Commission Minutes June I0, 1996 C Koegler confirmed that within the B-1 zone, minor auto repair is allowed by conditional use permit, and commented that the applicant can address what nature of repairs are done on-site, but believes it is consistent with the definition of minor auto repair. Chair Michael opened the public hearing. Steve Kladstrup, owner of 5668 Bartlett Blvd. which is located two houses to the east expressed a concern about future expansion of the business. Koegler noted that the surrounding property is zoned residential and this type of use is not allowed in a residential zone. Kladstrup noted that Meyer's repaired a broken timing belt on his car two weeks ago and noted that this is the type of work tl~ey do. Kladstrup stated that when the wind comes from the west trash from Meyer's blows into his property, and he has a collection of this trash to prove it. He feels that expansion of the business would have a detrimental affect on the neighborhood. Tom Reese, owner of 5641 Bartlett Blvd., stated that he feels the station provides a service to the community and it deserves to remain, but that it should be maintained so it is a benefit to Mound. He agrees with the planning report, however, feels 15 cars is a bit strong. He would suggest ten cars, otherwise he supports the rest of the report. He is also concerned about the signage as it is out of date. there is a concern in the neighborhood that this business be updated and made current. Richard Meyer, owner of the station, stated that when the complaint about the number of cars was received by the City was when it was very cold weather. He would like the Planning Commission to consider his request for 25 cars. Today they had 16 cars parked outside and there was room for more. In the winter he needs to be able to park more cars. Relating to condition #5, he stated that he would like the flexibility to allow quick repairs outdoors, such as replacing a fuse or a tire. He has no other concerns with the report. Relating to parking, he emphasized that he has four employees and himself, so five of the cars parked outside are the employee's vehicles which would only allow for ten customer vehicles. He stated that they rarely have more than five or ten cars parked overnight on the lot as most people drop off their vehicles a leave them during the day while they go to work. Chair Michael closed the public hearing. Mueller agreed that incidental repairs, such as replacing a fuse or a tire outside should not be a problem. He would be concerned about engine work being done outside. Planning Commission Minutes 203 June 10, 1996 Mueller asked Mr. Meyer if he is okay with the condition relating to bituminous surfacing. Meyer said this condition is okay, however, expressed a concern about hardcover requirements. Koegler noted that this property is clearly in the shoreland district, and the property is limited to 30% hardcover, however, th~ current use existed in its current form since the early 80's, and gravel is viewed the same as bituminous by ordinance, so it would not be considered a change. Meyer confirmed that when the fuel tanks are removed, the island will also be removed. Voss asked what will happen if they violate this conditional use permit, and noted that the property has been in violation for the last 10 years. Sutherland noted that after they have been through this process, he will have a better relationship with the owners, Mueller questioned if there should be screening abutting 110. Voss suggested that screening may promote theft and vandalism. Koegler confirmed that screening is required only on the east side where it abuts residentially "zoned" property, and agreed that a fence on the street side may be more obtrusive than seeing a neatly organized parking lot. Clapsaddle noted that fences just get dilapidated. Voss suggested they could limit the number of vehicles stored on the property at night. Hanus agreed that this could be done and stated that the Council approved three vehicles to be parked outside at Glass Plus overnight. Koegler noted that the Council had also required a one year review period for Glass Plus and this could be done for Meyer's. Weiland asked if there is a law that states when the gas tanks have to be removed once gas sales have discontinued. Sutherland noted that this would be a PCA or Fire Code, he thinks it is one year, but he can check. Meyer stated that he will take out the tanks this September and that the tanks are now empty. Meyer stated that he could easily park 25 cars on the north side of the building. He confirmed that repairs are done strictly on automobiles, there are no boat motor or snowmobile repairs done at the station. Weiland suggested they could limit parking to the north side of the building only. Voss expressed a concern about being consistent with what has been approved for other similar stations. Hanus commented that they also need to be careful not to restrict the growth of a business. Clapsaddle reviewed his concerns. Michael clarified with staff that there have been only about three complaints on this property in 13 years. Michael asked Mr. Kladstrup about the type of trash he finds on his property from Meyer's. Mr. Kladstrup clarified that he finds receipts, repair tags, tire labels, lawn boy sale tags, oil change stickers, Planning Commission Minutes June I0, I996 etc. in his yard. Mueller stated the fence would help prevent garbage from blowing that way. Mueller asked if the fence would be placed on the top of the slope, and asked where is the property line is in relationship to the slope? Koegler stated that fortunately Meyer also owns the adjacent property, so he could put the fence on top of the slope if it is not on the gas station property. MOTION made by Mueller to recommend to the City Council that staff recommendation be approved with the conditions, including the following modifications: Overniqht parkinq on the site shall be limited to the area PC. k'n~ ',hc : ~ .~,, ~.~ of the "' north structure, r :~.,~- - ..................... -- - -~'-' -~ 15 ._,=_,.A Ail vehicles parked on the site shall have current vehicle license tabs. The sale of vehicles on the property is prohibited. This conditional use permit shall be reviewed one year from the date of City Council approval at no cost to the applicant. Motion seconded by Voss. Motion carried unanimously. This case will be reviewed by the City Council on July 9, 1996. 33¥3 RESOLUTION July 9, 1996 RKSO~UTI. O~ ~N~T._O. AP_PROVE A CONDITIONAL ~o AL,L~W A MINOR AUTO REPAIR BUSINESq Fog Yn ,s MOU, ro SE/raCE LOCATED IN THE B.! CENTRAL BUSINESS 00,0 Wt/EREAS, Richard R. & Connie L. Meyer, Owners of Meyer's Mound Service, have applied for an amendment to their Conditional Use Permit to allow an Auto Repair Business, and; WHEREAS, Mound Zoning Ordinance Section 350:640 allows Minor Auto Repair Businesses in the B-1 Zoning District with a Conditional Use Permit, and; WHEREAS, Resolution//79-427 approved a special (conditional) use permit for this property that allowed the operation of an automobile transmission repair facility with conditions that included no outside storage of parts, material and equipment; limited lighting; and no more than one car stored outside, and; WHEREAS, the applicant has requested parking for 25 vehicles, and; WHEREAS, complaints have been received about the overall appearance of the property and the number of vehicles parked on the site, the Building Official determined that the use of the property has changed substantially over the years without any update or modification of the conditional use permit, and; WHEREAS, in December of 1985, the Meyers purchased the residential property to the north of the auto service facility which is currently vacant and used for vehicle parking, and; WHEREAS, the gas pumps have been removed and sale of gasoline has discontinued, WHEREAS, the parking area currently has a gravel surface. The Zoning Code requires that all parking areas and access drives serving commercial property be paved with bituminous or concrete surfacing. The code also states that parking lots cannot be located closer than 5 feet from an adjacent lot zoned or used for residential purposes, and; WHEREAS, the code requires fencing along the east side of the parking lot. That provision requires that "a fence of adequate design, not over five (5) feet in height nor less than four (4) feet in height shall be erected along the Residential District property line,' and; WHEREAS, City Code requires the screening of all dumpster enclosures. The original special use permit prohibited outside storage'of parts, material and other equipment. The existing dumpster as well as all parts storage needs to be screened, and; WH~REAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City Council does hereby approve a conditional use permit for Meyer's Mound Service as a Minor Automobile Repair facility subject to the following conditions: . o < Overnight outdoor storage of vehicles on the site shall be limited to the area north of the structure. All vehicles stored on the site shall have current vehicle license tabs. The sale of vehicles on the property is prohibited. The outdoor storage lot on the north side of the building shall be improved consistent with City ordinance requirements. Said improvement shall include but not be limited to bituminous surfacing and construction of required fencing. All trash and parts storage shall be screened. The applicant shall prepare and submit a screening plan for review and approval by the Mound Building Official. Any future changes in signage for the business shall comply with the Mound Sign Ordinance. e. All vehicle repair activities shall occur inside the building. This conditional use permit shall be reviewed one year from the date of City Council approval at no cost to the applicant. Tax parcels 23-117-24 14 0043 and 23-117-24 14 0050 shall be required to be under one ownership and if either parcel is sold or transferred, this Conditional Use Permit shall immediately become null and void and the new owner or owners shall be required to reapply for a new Conditional Use Permit. This Conditional Use Permit is granted for the following legally described property: Lots 1, 2, 3, and the South half of 47, 48, and 49, Block 9, PID 23-117-24 14 0043 and 0050. ' 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 pi~oof of recording has been fried with the City Clerk. Rev. 3-6-96 APplication for CONDITIONAL USE PERMIT City of Mound 5341 Maywood Road, Mound, MN 55364, Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: ~~ 7, Distribut ion: HAY 13~ V4 'IO Conditional Use Permit Fee:~ City Engineer Public Works: Other: II Please type or print the following information: PROPERTY Subject Address~ ,.PO. MAT,ON /¥~ V~__~___~ Name of Business LEGAL Lot /, ~, ~ .~D S~ ~7z ~, ~ Block ~ Plat, DESCRIPTION ~~ Subdivision ~ PID~ APPLICANT The applicant is: ~owner other: N~me OWNER {if other lh~n Address spplic~nfl Phone (N). (W). Name ARCHITECT, SURV~OR, OR Address ENGINEE~ Phone (H) ZONING Circle: 8-1 R- l A 8-2 8-3 DISTRICT USE Conditional Use Permit Application Page 2 EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ --~2D -- Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ~yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 9er o?d. Date Date ADDRESS: .¢ SURVEY ON FILE? REQUIRED STREET FRONTAGE/WIDTH: ZONE: REQ. LOT AREA: sQ FT LOT OF RECORD? YES EXIST. LOT AREA: sQ FT EXISTING LOT WIDTH: REQUIRED SETBACKS EXISTING LOT DEPTH: PRINCIPAL BUILDING/HOUSF / FRONT: N S E W ~ .FRONT: N S E W SIDE: N S E W 1 SIDE: N S E W REAR: N S E W 15' LAKESHORE: 50' Cmeas red frgm O.H.W.) TOP OF BLUFF: I ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: N S E W 4' or 6' REAR: N S E W 4' LAKESHORE: 50' Imeasured from O,H.W.) TOP OF BLUFF: E. XISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING/HOUSF 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: LAKESHORE: this ~r~] Zoning Informatioh Sheet Gnlv summarize~n nt t~ ~n,',~.---[ ~ ,: ..... v. . . ~ .~ .~,, u, ~.~ ,cqu~men[s OU[iRea in the Ordinance. For further mformat~on, contact the C~ty of Mound Planning Department at 472-0600 O ~CES~;QRY 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 c-.~0 o ADDRESS: SURVEY ON FILE! YES ZONING DISTRICT, LOT SIZF../WIDTH: Ri 10,000/60 ~ RI& 6,000/40 R2 6,000/40 B3 ~0,OO0/60 R2 14,0OO/80 R3 StE ORD. I1 30,000/100 OF RECORt E~ REQUIR YARI) lll)lJ.~g ......... W ~ FRONT FRONT N S E ~ IDB E W ----------- W ----.----'--- '.AR N S{ ------------- N S E W $0' ~ I0' OR 30' 'OP OF BLUFF NO LO' WIDTH: GARAGE, SUED ..... OR OTHER DETACHED BUILDINGS ._______.-- N s E W ~ ------------- ~RoNT -------'------' N $ E W .____.__.__.~ ~ N S IDE ;IDE N S E W ~rOR REAR N S ----'--'-----" NS E W LAKE --'-'-----'- 10' OR TOP OF BLUFF ____________- ---------------" ARDCOVER DATED: ONFORMINO? year " I [ February 14, 1996 CITY OF MOUND 5341 MAYWOOO ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Mr. Richard Meyer 2620 Commerce Blvd. Mound, MN 55364 SUBJECT: MEYER'S PEOPLES PLUS SERVICE Dear Mr. Meyer: Thank you for your time on the phone the other day discussing your business operation and the application of the Conditional Use Permit (CUP) that was issued in 1979. Our conversation was generated due to a recent complaint referring to an excessive number of vehicles parked on the site. As we discussed, the CUP was issued to the previous owner and you have been conducting your auto repair business without significant change for about 15 years. The only change that I am aware of is the removal of gas pumps sometime in 1995 and this has allowed you a little extra parking space. Your current business is minor auto repair which is a conditional use in the B-1 Zone. The attached copy of the CUP issued in 1979 is not applicable today as it only allows for one vehicle to be stored outside, therefore, you must update the permit to accurately reflect your present use. The CUP process is outlined in the enclosed application. Our City Planner will prepare a staff report, which will be reviewed by the Planning Commission, then they will make a recommendation to the City Council who will take final action. Please contact myself or Peggy James of this department if you would like to go over the application. Note, the application deadline of March 21, 1996 that we discussed. Respectfu!ly, ..... ~ jdn S u-the~and Building Official JS:pj Enclosures 'IT¥ of MOc; ND 5341 MAYWOOD ROAD tvlOUND, MINNE$O1A ',C:.;,;.; (612) 472-1iS5 February 27, 1985 Mr. & Mrs. Richard Meyer 2620 Commerce Boulevard Mound, MN. 55364 Dear Mr. & Mrs. Meyer: I am writing you to remind you of our conversation regarding your business operation conditional use permit restrictions for your prop- erty at 2620 Commerce Boulevard. On January 14, 1985, we met to go over the procedure for filing an amended conditional use permit to allow some revisions to your current business operation. To date, I have not received an application to resolve the sale and repair of snowmobiles, the exterior storage on the site, and certain site limitations. We need to clarify the present use within the next few weeks. The next Planning Commission Board of Appeals meeti.ng is April 8, 1985. I will need the application, site plan, fee and prop- erty owners' list submitted to my office by March 20, 1985. I have enclosed, 'for your convenience, the application and the zoning ordi- nance provisions of the B-1 district (Pages 41 & 42 with Pages 25 through 28, the Conditional Use Pe?it explanations). If I can be of further assistance, please contact me. Sincerely, Jan Bertrand Building Official JB/ms 10/85 cc: Jon Elam Encl. 459 October 9, 1979 Councilmember Withhart moved the folJowing resolution, RESOLUTION NO. 79 - 427 RESOLUTION APPROVING THE GRANTING OF A SPECIAL USE PERMIT WITH THE STIPULATIONS RECOMMENDED BY THE PLANNING COMMISSION & NO OUTSIDE STORAGE OF PARTS, MATERIALS OR OTHER EQUIPMENT BE ALLOWED. WHEREAS, owner of property described as Lots 1, 2 and W 1/2 of Lot 3, Block 9, Mound Bay Park, has applied for a Special Use Permit for an Automobile Transmission Repair in a Limited Commercial zone, and WHEREAS, a public hearing was held and Planning Commission indicated approval same with stipulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council does hereby grant the Special Use Permit as requested with the following stipulations: No outside storage of parts, material and other equipment Lights and signs to be limited and no more than one car ~ .... stores outside. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon, the following voted JJ in favor thereof; Lovaasen, Swenson, Polston and Wtihhart, the following voted against the same; none, with Ulrick being absent; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Atte~t:~ cMc City Clerk ADDRESS: ¢/.-) ~ SURVEY ON FILE? YES / NO LOT OF RECORD? YES / NO YARD ~=~RECTION HOUSE ......... CITY OF MOUND - ZONING INFORMATION SHEET ZONING DISTRICT. LOT SIZE/WIDTH: R1 10,000/60~ R1A 6,000/40 B2 20,000/80 ~ e, ooo/¢o a~ ~o,ooo/eo ~2 ~4,ooo/~o · ~3 S''ORD. ZX 30.000/~00 ~----~-~'~D~G/PROPOSED EXISTING LOT SIZE: LOT WID'i'H: LOT DEPTH: VARIANCE FRONT FRONT SiDE SIDE REAR LAKE TOP OF BLUFF GARAGE, SllED ..... FRONT FRONT SIDE SIDE REAR LAKE TOP OF BLUFF itARDCOVER N S E W N S E W N S E W N S E W NS E W N S E W CONFORMING? YES I N~' DETACHED BUILDINGS N S E W N S E W N S E W N S E W N S E W N S E W 30% OR 40~ 15' 50' 10' OR 30' 4' OR 6' 4' OR 6' 4' 50' 10' OR 30' This Zoning Information Sheet ~ a portion of ~he requirements outlined in the City of Mound Zoning Ordinance. For further information, contact the City of Mound Plnnning Department at 472-0600. J .! ,, ~'t~'~ .~ z .: ~ ~ ~ ~ ~ z ..,:.,;:.: .... r,t,l:¢ l,J,I;t, l' tr, ol, .., C. TT Iht ~/f~ . r~ '- ~'~', - - ~ . , ~C0,R0,9 ~5~ ._ ~ -~. too too I ~oo / 'to~ I '~-~ ~'.--'loo.'-o ~_ ,~ ' $ / .t . zo-.-. ,.-:.. j ~ Sep. 18,' 19~7 Z' MCGOMBS ~RANK ROOS 'No. 8766 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue No~, Plyrnoulh, Mirlne$ota 55447-4739 Telephone 612/,~76-6010 ~o~ 2./476-8532. FAX Engineers Planners Surveyors SUPPLEMENTAL MEMORANDUM TO: Mound City Council FROM: John Cameron, City Engineer DATE: September 18, 1997 SUBJECT: City of Mound Variance Request - Scott and Linda Mack Cast ~96-62 MFRA gl 1782 At the request of the City Manager and adjacent property owners, I revisited the subject property on September 17, 1997 accompanied by C. rreg Skinner. We specifically looked at the City skeet, Island View Drive and the storm sewer system. I also visited with the new resident at 4649 Island View Drive (Lot 14), because she had called me on Tuesday, September 16, 1997 following a fairly hard rainstorm. She was concerned that most of the runoff from the common driveway ending up in their yard and did not drain sufficiently to the lake and that the garage construction would add to the problem. We discussed some options they had that possibly could help the situation. The increased hard cover area resulting from the garage consmaction that ~ill drain towards Lot 14 is approximately 160 square feet, which should not appreciably increase the runoff. G-reg and I also looked at the condition of the existing storm sewer system and street. The outlet at the lake was not visible and needs to be exposed to make sure it is not restricted. The catch basin in Island View Drive appears to be functioning properly. There was quite a bit of silt that had washed do-ua the street and was deposited at the inlet. This particular catch basin may need more frequent maintenance than other locations in the City. The City Building Inspector and Planner were at this location near the end of the rainstorm on Tuesday and indicated they thought the storm sewer was functioning adequately. There is no curb along the high side opposite the catch basin which could allow the street to overflow quicker in a larger rainstorm. This is not to say that this street could not use work as most City streets of this age need constant maintenance. Without doing a complete study of this drainage area, it is virtually impossible to determine the capacity required in a system such as this for a normal $ or l0 year storm. An Equal OpponuN~ Employer Sep. 18.1997 2'07PM Mound City Council September 18, 1997 MCCOMBS FRANK RO0$ No. 8758 P, The neighbor on Lot 16, Mr. Mark Smith, has expressed concerns about the survey and proposed design of the swale not being adequate. I/and when an application is submitted for a building permit for the garage, the City wouId normally add conditions requiting items such as; silt fence, bale ditch check, tuffrestoration, etc. He also asked about a drawing (cross section) of the proposed swale. Since this swale is only one foot deep, we did not feel it was necessary to provide a detailed drawing but this could also be a condition of the permit. e:haaaln:\l l?~2\memog-I 8 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 M~EMORANDIYM DATE: TO: FROM: SUBJECT: LOCATION: City Council Agenda of 9-9-97 City Council, Applicant and Staff Jon Sutherland, Building Official ~. Variance Request, Case//96-62 4657 Island View Drive, Lot 15, Block 1, Devon, PID 30-117-23 22 0086 This case was heard for the second time at the June 9, 1997 Planning Commission (PC) Meeting where Staff had again recommended approval of a variance to construct a garage that is conforming to setbacks, the PC also recommended approval with the conditions as listed below. The staff report, PC recommendation, and the related miniutes are attached. 1. The revised survey and a revised drainage plan that would be submitted to the City Engineer for review and comments. Comment: The revised survey has been submitted and reviewed by the City Engineer who recommending approval with conditions, note the attached memo dated August 21, 1997. 2. Impervious surface is to be limited to 40%. Comment: The applicant is willing to remove some of the existing poly under the landscaping and meet the 40% limit, a new calculation sheet has also been submitted by the contractor and is included in the packet. There is also the adjacent commons green space that reduces the impact of hardcover on the site, the site is considered conforming at 40 %. 3. The deck be modified to 10 feet where it does not meet the 50 foot setback to the lake. Comment: The applicant has submitted a permit application to modify the deck as suggested, and will completly remove all portions fron~ the easement, note the revised survey dated 6-19-97. printed on recycled paper Mack Report September 17, Page 2 1997 4. Slightly modify the easement. o Comment: The easement does not need to be modified due to the modification of the proposed modification of the deck. The fence is not permitted to be in the easement, it needs to be reviewed. Comment: After reviewing the policy of numerous other cities, it was found to be the normal practice that fences are permitted within an easement and are not considered an encroachment. The split rail fence has a minimal impact to the easement and can easely be removed if the need arises. If the commission or council feel an agreement is necessary, one has been prepared and is included your packet. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request as it enhances the use and function of the property with the conditions as listed below; 1) The encroaching deck be removed from the easement. Double fees will be assessed for all after the fact construction as is the normal process (including the fence). 2) The building permits and grading plans shall be subject to the review and approval of the City Engineer. The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on November 12, 1996. BUILDING PERMIT APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600 Fax: 472-0620 The al3plicant is: ~__.owner ~contractor ~tenant DESCRIPTION Subdivision - ~")j~'-t~O ~ PID ~ Address Phone {H} {W) (M} ARCHITECT Name &IOR Address ENGINEER Phone (H) (W) (M) CHANGE OF FROM: USE TO: DESCRIBE WORK: o ALUATION F WORK VALUE APPROVED BY INSPECTOR SEPARATE ~EAMITS ARE qE~.UIRED FOR ELECTRICAL. PLUMBING. HEATING. VENTILATING OR AIR ;0NDITIONING. PERMITS ~ECOME NULL AND VOl0 IF WORK C~ ;ON~RUCT:CN A~T~C~;~E; S '~CT ;~MMENCED wiTHIN 180 DAYS, OR [F CONSTRUCTION 0R WORK ;$ SUSPENOE~ 0R ABANDONED FOR A PERIC~ OF 180 DAYS AT ANY TiM~ AFT~ N;AK :S T~ME UMIT~ 0N ~UiLg~N~ ~OMPL~ION. ALL WORK TO ~E PERFORME~ ~URSUANT T0 A ~UJL~ING ~RM1T OBTAINED FO~ N~N ~0N~TRU~TICN, REPAIRS, ~EMO~EL~NG. AN~ ~LTERAT ON~ ~ m: :.t, =~m~m3 ~r ANY 5DtL~IN~ OR STRUGTURE IN ANY ZONING DISTRICT SHA~ aE ~CMPL~EO WITHIN ONE (1) Y~R FROM THE DATE OF PERMIT ',SSUA~:Cl. THE 3EAS~N CCUNC:L MAY ~TEN0 THE TIME FOR C0MPL~tON UPON WRI~EN REQUEST CF THE PErMiSEt. E~ABLiSMING TO THE REASONABLE SATISFACTION OF THE :;Tv C0UNC:L THAT NOT ~E~5 THAN T;~IRTY i30} aUSINES$ ~AYS PRIOR TO THE END OF THE 0NE-Y~R PERIOD. ~ESUME TO GiVE AUTHORITY TO VIO~TE 3R CANCEL THE TRUE AUD~RECT. A F'EP~:)~-S NOT ~A~RE ....... = ~ ,.~.3~. ,,a.~ ~1= ~'r3MpI [ED WITH WHETHER SPECIFIED HEREIN OR NCT TH~ ~RINT A~LICA~Y'S NAME' (OFFICE USE ONLY) ~ITIO~ DATE mzON,NG ~ uN,ts YES / NO PUBUC WORKS ~ECEIVED SY .' DATE: ~NS CHECKED BY: A~ROVED BY I DATE: ~ ASSESSING 35/..O CERTIFICATE OF SURVEY~ SCOTT MACK OF LOT 15, BLOCK 1, DEVON HENNEPIN .COUN' (949.1) (~4~.5) · .. (940.3) ~IPTION OJ: PREMISF..~.: Lot 15, Block 1, DEVON o : denpt~a iron marker ' (959.4): denotes existing spot elevation, mean sea level datum ~: denotes proposed spot elevation, mean sea level datum * : denotes distance as shown on the plat of DEVON Bearings shown are based upon an assumed datum. gorane there-- ~ ~x~sting house, and the proposed Io .... uu~rlDeo property, ( ~ ~.~[ = ~-. ~ ooes not purnort to ~ ...... ~uon or o P[gposed ~ ~' I ~reby cer if), thai t~is surve{, '&as -re .... 4 L"" I. , ~. , . ~,Smn, and Ihal I am a duly registered Civil En-~- .. er,my d~red super. , ~ reCane Lane Su~eyor under tne Jaws of Ihe State of Minnesota. ' Mark S~rg M~se N~ ,r 12~55 ' . ' BUILDING PERMIT APPLICATION CITY OF MOUND ~ 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600 Fax: 472-0620 The applicant is: _~wne~' ~contractor ~tenant / DESCRIPTION Subdivision PID# Phone (H) , CONTRACTOR Company Name License Contact Person Address Phone (H) ARCHITECT Name &/OR Address ENGINEER Phone (H) (W) (Mi CHANGE OF FROM: USE TO: WORK: WORK VALUE APPROVED BY INSPECTOR SEPARATE ==_=[MITS ARE REQUIRED FOR ELECTRICAL. PLUMBING, HEATING. VENTILATING OR AIR CONDITIONING. PERMITS BECOME NULL AND VOID iF WORK OR .'ONSTRUCTID,N AUT~-C-';[~'.E" :$ ',lOT COMMENCED WITHIN 180 DAYS. OR IF CONSTRUCTION DR WORK ;S SUSPENmED OR ABANDONED FOR A PERIOn OF 180 DAYS AT ANY TIME AFTER WORK COMMENCED BE PERFORMED PURSUANT TO A BUILDING P=RMIT OBTAINED FOR NEoN CONSTRUCTION. REPAIRS. REMODELING. AND ALTERATIONS TIME L:MITS CN BUILDING COMPLETION, ALLWORK TO , - 7Q Tm: :.~, :.~,~,~ ~r ANY 5UILDIN~' OR ~RUCTURE iN ANY ZONING DISTRICT SHA~ ~E COMPLIED WITHIN ONE (1) Y~R FROM THE DATE OF PERMIT tSSUA~:C~. THE OBTAINING THE =ERMIT ANO THE OWNER OF THE PROPERTY SHA~ BE RESPONS;BLE FOR COMPL~ION. A VIO~TION OF THIS OROINANCE iS A MISOEMEANCR OFF'SE. T~E C;RC;MSTANCE$ BEYON~ THE CONTROL OF THE PERMI~EE PR~ENTED COMPL~ION CF THE W~K FOR WHICH THE PERMIT WAS GRANTED. THE EXTENSION SNA~ ~E NOT LESS 'NAN THIRTY {303 BUSINESS DAYS PRIOR TO THE ~O OF THE ONE-Y~R (OFFtC~ USE ONLY) SPECIAL CONDITIONS&COMMENTS: CONSTrUCTiON TYPE: OCCUPANCY GROUP I OIV: MAX OCCUPANT LOAD I COPIED I ZONING I%DGS;7.E (SC ~T) ~ STORIES FIRE SPRINKLERS REQUIRED? I C~ ENGINEER ' ~TS YES / NO ~ PUBLIC WORKS RECEIVED 5Y .' DATE; ~NS CHECKED BY: ' APPROVED BY / DATE: ~ ASSESSING AGREEMENT THIS AGREEMENT made and entered into as of the 1997 by and between the CITY OF MOUND, MINNESOTA, corporation ("Grantor") and Scott and Linda Mack ("Grantees"). day of Minnesota municipal BACKGROUND 1. Grantees are the owners of real property ("Property") located in the City of Mound having a street address of 4657 Island View Drive and legally described as follows, to wit: " Lot 15, Block 1, Devon, Hennepin County, Minnesota 2. The Property is subject to an easement in favor of the 'City over, under, across and through the westerly 5.0 feet of the Property; and recorded on July 21, 1987 as document 1852901 in the office of the Registrar of Titles. 3. The Grantees are desirous of maintaining a fence on the area of the property which is subject to the easement; and the Grantor is willing to permit a fence to be maintained thereon provided the Grantees enter into this agreement. RECITALS NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto covenant and agree as follows: 1. .Consent. The City hereby consents to allow the Grantee to maintain, install and reinstall the fence within the easement area. 2. Right to Remove. Grantees hereby agree that Grantor shall have the right to remove the fence located in the easement areas in order to construct, reconstruct, maintain or repair utilities installed or to be installed within the easement area. Grantee hereby releases Grantor, its officers, agents and employees from any claim or cause of action arising out of or occasioned by removal of or damage or destruction to the fence by Grantor pursuant to its rights hereunder. 3. No Other Approvals Presumed. The Grantor's consent hereunder shall not be deemed to relieve Grantee from complying with all governmental regulations relating to the installation, location and maintenance of fences. 4. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties herein and to their respective successors and assigns. Agreement Page 2 IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the day and year first above written. GRANTEES CITY OF MOUND BY: Its: BY: Its: STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ~ day of , 1997, by Bob Polston and Edward J. Shukle, Jr., the Mayor and City Manager, respectively, on behalf of the City of Mound, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instmmem was ,1997, by Grantees named above. acknowledged before me this and day of Notary Public 02/03/1994 OG: 81 G129418197 DURABILT ASSOC INC PAGE Ci~ ~)~ Zip Code Scale .~~ ... , ~!.-~ io~ao .... i ....... .. ' · ~~-'" '..'...!.'~.~.~'..~ .......... t".'.'". ......... ' .... ~ ............. ~ ...... , ' .... . i ' 73*3 ANN COURT * EDEN I~RAIRIE, MINNE,~OTA S~348 , 9389350 Date 81 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone Engineers 612/476-6010 Planners 61 2/476-8532 FAX Surveyors MEMORANDUM TO: Mound City Council FROM: John Cameron, City Engineer DATE: August21,1997 SUBJECT: City of Mound Variance Request - Scott & Linda Mark Case #96-62 MFRA # 11782 I have reviewed the most recent survey dated June 19, 1997 as well as the Planning Commission Q m inutes and conditions contained in their motion of approval from the June 9, 1997 meeting and have the following comments and recommendations regarding conditions 1 and 4: Item #1' The revised grading plan shows a swale to be constructed between the proposed garage and the westerly lot line. This swale should carry the normal runoff from the northerly portion of lot 15 and the area of the proposed garage to a point approximately half way to the existing house, which is past the home on Lot 16. At this location, the natural drainageway swings westerly onto the adjacent property (lot 16) and continues southerly to the lake. Most of this drainageway on lot 16 is covered by an easement for the storm sewer pipe which hms from the catchbasin in Island View Drive to the lake. (Document #915553.) This easement is not shown on the survey for lot 15 because it evidently was only recorded against lot 16. The 5 foot wide utility easement shown on lot 15 as document #1852901 was recorded in 1987, evidently when the house was built. Field observation indicates that the in-place storm sewer pipe on lot 16, may not be located within the recorded easement. We are recommending approval of the grading plan. Item #4: As originally recommended, the 15 foot wide easement for access to the lift station needs to be expanded southerly, approximately 5 feet. This will not solve the problem of the existing deck and stairs encroaching into the present easement. To correct that situation, a portion of the existing easement would need to be vacated, which will require further action by the City. It would be in the best interest of both the City and homeowner to correct the encroachment problem. .. eSmain:\11782~memo821 An Equal Opportunity Ernp~oyer Minutes - Mound Planning Commission June 9, 1997 Eo CASE #96-62: VARIANCE FOR DETACHED GARAGE, SCOTT & LINDA MACK, 4657 ISLAND VIEW DRIVE, VARIANCE FOR DETACHED GARAGE, LOT 15, BLOCK 1, DEVON, PID #30-117-23 22 0086. Building Official, Jon Sutherland, passed out photos he had received from the neighbors to the west, as the neighbor was concerned about the water runoff. Sutherland reviewed his report. On October 28, 1996 the Planning Commission tabled this case requesting the applicant to provide the specific information as listed below. The applicant has submitted the requested information and the staff comments are listed after each item. He referred to the original staff report dated 10-28-96 for further reference. An updated survey including: Ail existing and proposed structures including decks, the joint driveway shall be delineated, existing and proposed elevations, and a drainage and grading plan. Staff comments: The survey has been updated and now shows the lakeside deck is set back 43 feet to the lake. A 50 foot setback is required and this results in a 7 foot variance request. The deck is also encroaching onto the city easements. The encroachment can be resolved by expanding the easement to the south as required by the City Public Works Director and the City Engineer. Both the Engineer and the Public Works Director have reviewed the case, visited the site, and are comfortable with a simple 5-6 foot expansion of the easement. The applicant must prepare the easement document for review and approval by the City Engineer and Attorney,..and the document must be recorded prior to 82 33/./. Minutes- Mound Planning Commission June 9, 1997 building permit issuance. The joint driveway, existing and proposed elevations and a drainage plan are noted on the revised survey. One option discussed with the owner and contractor is to move the proposed garage to the north (about three feet away from the entry stairway), in order to save the existing clump of birch trees. This issue can be accomplished prior to the building permit issuance, and has a positive impact on drainage with the additional green space between the garage and the lake. 2. The floor elevation of the proposed garage in relation to the driveway shall be clarified. Staff Comments: The floor elevation has been clarified and could be modified slightly if the garage is moved further to the north as suggested by staff. Three feet was discussed 3. Location of off-site easements on adjacent properties shall be clarified. Staff Comments: The location of the easements has been clarified and is not affected by the proposal. (Note: the applicants proposed garage and the adjacent owners garage are about equal distances to the property line and both will have about the same difficulty with access). They will both have the same issue. IMPERVIOUS SURFACE: The proposed garage will have a minor effect and slightly increase the runoff/drainage on this and the adjacent properties. Directing stormwater around the west side is preferred due to the additional green space on this side. The commons property between this site and the lake minimizes the excess of impervious surface and improves the stormwater infiltration. The impervious surface is conforming at less than 40%. The pictures handed out show and exceptional occasion with the storm runoff, this is not a normal rainfall runoff. The catch basin could have been blocked. The catch basin could not handle a 50 year rainfall. The proposed garage is a reasonable use of the property, is fully conforming, and the site is limited by the utility easements on the lakeside. A portion of the deck, however, is located over the utility easement and this would hinder vehicle access that is needed to maintain the lift station on the southwest coruer of the property. Sutherland stated this is not the perfect situation, but it is manageable. Comments from the city engineer stated the applicant should propose a drainage plan prepared by a registered land surveyor. The City Engineer and the building official could meet with the owner on site. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request to allow the existing nonconforming deck (after the fact) in 83 Minutes - Mound Planning Commission June 9, 1997 order to allow the construction of a detached garage that is conforming to the setbacks. The proposed garage will enhance the use and function of the property. The deck has a minimal encroachment and is a reasonable use of the riparian property. Approval is subject to the following conditions: 1) 2) 3) The encroachment of the deck into the easement be resolved by expanding the easement to the satisfaction of the City Engineer and Public Works Superintendent. The building permit for the garage and deck shall not be issued until proof of the recording of the easement document has been filed with the City Clerk. The survey to be submitted with the building permit is subject to the review and approval of the City Engineer and the Building Official. Staff feels the garage is a reasonable use of the property. The site is limited due to the utility easements on the lakeside. That has been an issue on other variance requests. The deck is not conforming and no permit was taken. This can be corrected, by sliding the easement down. He emphasized condition//3, to get additional and total review. Hanus stated he was concerned with expanding the easement, he would rather see moving of the easement. The expansion doesn't remove the encroachment into the easement, whereas moving it would. Also, with the expansion to the south, there is big tree where the two easements intersect. By expanding to the south, the tree is in the middle and it looks like a truck could get between the easement and the tree. The easement might have to stay in the area. Hanus commented about the fence on the west side. What had staff found? Sutherland stated he did not think the fence on the west was permitted. Staff will check. Hanus commented on the stairway by the south side of the house and there is landscaping that is going on there. There has been a tree planted in the turning radius for a truck. He also mentioned looking at the hardcover calculation, and it is in error. He calculated from the survey and came up with over 40 %. There are many other areas that should be added to the hardcover calculation. The house is 1228, not 1196 square feet. The driveway itself came up to about 1740 square feet. Also, a large area missed in the hardcover calculation is all around the house where there is rock placed over plastic, which is exposed, to about 780 +/- feet and that was on the east, west and south side. Hanus had not calculated the patio and areas on the north side. He calculated 4284 square feet and he felt it more than that, instead of 3440. The permissable amount is 4167 sq. ft. Sutherland stated the poly under the rock could be modified. Hanus commented regarding the deck on the lakeside. This deck needs to be viewed as new proposed construction. He wondered if a deck permit would have been issued that is more 84 Minutes- MouM ?lanning Commission Jun~ ~, I~7 than 10 feet wide and encroaching onto the easement, if a permit could be obtained. He didn't think it would have happened. He also commented that there are two decks encroaching the easement. Chair Michael commented on the required drainage plan. Sutherland stated the drainage on the neighbors property to the west and the east is going to be worse based on the proposal. Drainage could be better if the applicant could create other options. However, the site topography is difficult. The hardcover could be modified and held at 40 %, and the garage could be conforming, the drainage could be more natural to the contour. Burma stated a previous issue of the shared driveways, and with a new garage, could the property to the east have good use of the driveways. Sutherland stated the neighbor has the same distance issue and the new garage would be the same. If a conflict were to arise, it would be up to the neighbors to negotiate a solution. The new garage could be guttered and runoff could be more directional towards the catch basin. Hanus commented on the pitch of the roof of the proposed garage. Sutherland stated if the roof gable is running north and south, then half of the water would go to the east and half to the west, and it could be guttered. The area to the east is hardcover. It would be better to be guttered over green space. Runoff goes from the applicant's properly to the west slightly and then wraps around a large tree. The elevations are less than the neighbor's house. Jon stated that the Commission could ask for more specific review comments by the City Engineer if they were concerned with the drainage issues. This information could either be provided by the applicant or further review by the engineer. Burma commented on the door on the second story of the garage that did not have stairs or sky rail to the house. Sutherland stated there were no plans at this time to connect to the house, or the applicant would have provided them. Often there is storage space above, accessed by a ladder. Weiland asked if the garage could be attached to the house by way of catwalk. Sutherland stated it could, it is conforming. Weiland commented on the foundation, Sutherland stated it was a building permit issue. Mack stated he had no plans to connect the garage to the house. Chair Michael commented about the deck on the lakeside, had it been there when the house was built? Mack stated it was supposed to be arranged by the contractor. Sutherland stated there was no permit for the decks. Mack stated the lower deck was added onto the house as it was built. Hanus stated that by the drawing of the original house, in the packet, the lower deck was not drawn in at all, only the upper deck was drawn on. 85 Minutes- Mound Planning Commission June 9, 1997 Weiland asked about what the law is when something has been built without a permit, do we make them remove it? Sutherland stated if they cannot get a building permit, it can be removed. He stated that if it does not get a building permit, it will be removed. Weiland suggested that this could be talked about at a workshop meeting. Hanus stated they were being asked to recognize the non-permitted decks to approve the garage. Sutherland stated the request for the garage raises the issue of the decks that are not conforming and do not have a permit history. A permit could be issued, or the deck removed. Part of the application is to approve the decks as they are, and that would allow an after the fact permit to be issued according to the current code. Hanus stated the intention to approve the permitting of the decks. Sutherland stated if the Council does not approve the after the fact permits, the decks would be removed. Weiland was opposed to approving the variance for the garage by including approval of the decks as part of the agreement. If this happened, the non conforming decks could then remain as is. Chair Michael stated his major concern is the drainage. But, he doesn't want to see the applicant not be able to build a garage. He would like to see some plan from the city engineer or someone to assure him that this will not flood out the neighbors. Sutherland referred to the Staff report, item #3, and that a survey is to be submitted with the building permit application subject to the review and approval of City Engineer and Building Official. If the Commission would like a revised survey prior, or, if the Commission is not satisfied, this could be requested of the applicant. The City Engineer technically rejected this survey, but said it is close. We could request the applicant to revise the survey. A drainage tile system could be dug in the applicant's property could be required, it was an option. It would have negative affects on the trees. A drain tile on the east side would have to go through concrete. Sutherland continued stating this plan is not consistent with the Shoreland Management Ordinance, as the SMO doesn't want drainage to run over drain tile, it wants the runoff to be filtered over green space. Perhaps, the solution would be to table this item until the applicant revises the survey. Hanus mentioned a small swail at the west end of the garage. With the swail, would it improve the runoff, what would that envision? 3 70 8~ Minutes - Mound Planning Commission June 9, 1997 Sutherland stated the review process from the city included both properties, the neighbors need to work together to accommodate the drainage. The runoff issue in the photos is not a normal event. These two properties get the drainage from the whole neighborhood. The City could build a new costly storm sewer and assess the neighbors, or we could encourage the neighbors to work together. Mr. Smith's property could have his house foundation built up more. The area of the property is uphill and the drainage from Mr. Smith's house only goes to one side. There is no existing drainage easement that extends on both sides of the property. Sutherland referred to new housing developments, that are designed with drainage easements on both sides of the property. Mr. Smith, by virtue of topography, gets most of the water. Glister commented on the 50 year rainfall calculation. This rain fall issue could happen any time. Mark Smith, 4665 Island View Drive. He is the neighbor to the applicant and stated he had no problem with the new garage. He wanted a tangible plan regarding runoff. Engineers and specialists were not willing to put anything in writing what would happen. Maybe, the other residents in the neighborhood need to be directed to maintain their yards so there is not as much runoff and erosion that plugs the storm drain. Joyce Agnew, 4649 Island View Drive. She asked how far the garage was going to be set back, would there be a turn around? She stated the Mack's currently have a two car garage right now. Chair Michael stated when anyone in Mound wants to construct something, they should call the city and inquire as to a building permit. Jon Sutherland was requested to measure the distance of the garage from driveway. Sutherland again stated the Commission could direct the applicant to submit a revised and more complete survey for review by the engineer to address the concerns of the issue. This revised survey could show the impervious surface limited to 40%, have the revised survey clarify specifically all of the issues discussed. Also, submit the information to the abutting neighbors and give them a chance to respond. Weiland stated they had still not addressed the decks. Sutherland stated the deck is 43 feet to the lot line, the dimension of the deck is 8' on the west end, with a 12' bubble. Typically a 10' deck has been acceptable. Perhaps the deck does not need to encroach into the easement. However, it would still be an encroachment into the easement. This has been done before. Sutherland suggested meeting Mr. Hanus, Greg Skinner and himself at the site to discuss the easement. Sutherland stated that changing the easement and eliminating pan of it, would require a public hearing. Hanus stated granting a permit for the deck and stairway in the easement would not get approval either as it would set a precedence. 87 Minutes - Mound Planning Commission June 9, 1997 Chair Michael asked for a motion to extend the work rules. An extension is needed to continue the meeting beyond 11 pm. Agreement was to extend until 11:15 pm MOTION by Burma, seconded by Weiland, and carried unanimously to extend the meeting until 11:15 PM. Mark Smith stated he would like it in writing and be able to understand the stormwater runoff situation. Chair Michael assured him that the drainage report that would be prepared by the city engineer would be the one that the City will follow, if it is legal, it will be approved. Hanus asked Smith if he would be willing to share the property where the swail is now? Smith commented that it is shared now. Sutherland stated changing the easement issue was subject to the review and approval of the City Engineer. The easement proposal, revised survey, revised drainage plan, accurate hardcover specifications, needs to come from the applicant then the city will review it. The engineer and attorney will comment. The applicant, Scott Mack, thought the issues were provided in October. Sutherland stated the information he provided, is not enough. The survey does not show where the water is going, there is no documented evidence on the plan where the water is going. Maybe, you could get a different surveyor. We have worked hard on this issue. The survey is still lacking much needed information. The hardcover sheet is inaccurate, it needs to be addressed and corrected. Sutherland further stated that the neighbor, Smith, could raise the grade of his property. However, that would be much to ask of the neighbor to raise his grade to accommodate you. Mr. Mack did not understand what to do for a plan. Mark Koegler, City Planner, stated he could work with a civil engineer for example to do some calculations and come up with the amount of stormwater that is coming through there now, the amount that is coming off of the new roof, depending which way it is directed. That plan could contain existing and proposed spot elevations and contours that would show the drainage pattern and where it is going. John Cameron, City Engineer, may want to look at some of their computations as to how much water is coming through there. That is the only way they can assess how much is going into Mr. Smith's property and how much will go on your property. Minutes- Mound Planning Commission June 9, 1997 Chair Michael made the following motion to approve the variance request pending the satisfactory completion by the applicant of the following conditions: 2. 3. 4. 5. The revised survey and a revised drainage plan that would be submitted to the City Engineer for review and comments. There would be an impervious surface limit to 40% The deck would be modified to 10' where it did not meet the 50' setback fromthe.~en~nm. U~.~ ~17'~o~ Slightly modify the easement The fence is not permitted to be in the easement, it needs to be reviewed. Chair Michael moved, seconded by Glister. Hanus questioned the motion as to it was to table the item until the issues are dealt with, or the motion to approve subject to those conditions being corrected? Michael would like motion be approve subject to the conditions. If the reports come to the Building Official and Engineer and they approve them, it is fine with Michael. Weiland, asked if the conditions were not met, it would come back to the Planning Commission? Koegler stated yes. Burma asked if they approve the request, are they revising the deck, to the 10'. Hanus stated yes, but it still encroaches. The vote was called, the vote carried 5-0. This goes to the Council on June 24, 1997. Sutherland said if the information gets to staff in time, and approved by staff, copies will go to the neighbors also. MOTION by Burma, seconded by Glister and carried by all to adjourn. The vote was unanimous. Meeting adjourned at 11:15 pm Chaff Attest August 1995 View from/~.E, corner of our home. Island View Dr. located behind fence. ~Vater run-off coming from storm drain/street area. WATER View from East side of our house. Fence is located on property line. August 1995 WATER View from East side of house. Fence is located on property line. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 UPDATED STAFF REPORT DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of 6-9-97 Planning Commission, Applicant and Staff Jori Sutherland, Building Official ~[~,,~, Variance Request (after the fact nonconforming lake setback) Scott and Linda Mack 96-62 4657 Island View Drive, Lot 15, Block 1, Devon, PID 30-117-2322 0086 R-lA Single Family Residential BACKGROUND: On October 28, 1996 the Planning Commission tabled this case requesting the applicant to provide the specific information as listed below. The applicant has submitted the requested information and the staff comments are listed after each item. Please refer to the original staff report dated 10-28-96 for further reference. 1. An updated survey including: all existing and proposed structures including decks, the joint driveway shall be delineated, existing and proposed elevations, and a drainage and grading plan. STAFF COMMENTS: The survey has been updated and now shows the lakeside deck is setback 43 feet to the lake. A 50 foot setback is required and this results in a 7 foot variance request. The deck is also encroaching onto the city easements. The encroachment can be resolved by expanding the easement to the south as required by the City Public Works Director and the City Engineer. Both the Engineer and the Public Works Director have reviewed the case, visited the site, and are comfortable with a simple 5-6 foot expansion of the easement. The applicant must prepare the easement document for review and approval by the City Engineer and Attorney, and the document must be recorded prior to building permit issuance. The joint driveway, existing and proposed elevations and a drainage plan are noted on the revised survey. One option discussed with the owner and contractor is to move the .,. proposed garage to the north (about three feet away from the entry stairway), in order to save the existing clump of birch trees. This issue can be accomplished prior to the building permit issuance, and has a positive impact on drainage with the additional green space between the garage and the lake. The floor elevation of the proposed garage in relation to the driveway shall be clarified. STAFF COMMENTS: The floor elevation has been clarified and could be modified slightly if the garage is moved further to the north as suggested by staff. 3. Location of off-site easements on adjacent properties shall be clarified. STAFF COMMENTS: The location of the easements has been clarified and is not affected by the proposal. (Note: the applicants proposed garage and the adjacent owners garage are about equal distances to the property line and both will have about the same difficulty with access) IMPERVIOUS SURFACE: The proposed garage will have a minor effect and slightly increase the runoff/drainage on this and the adjacent properties. Directing stormwater around the west side is preferred due to the additional green space on this side. The commons property between this site and the lake minimizes the excess of impervious surface and improves the stormwater infiltration. The impervious surface is conforming at less than 40%. The proposed garage is a reasonable use of the property, is fully conforming, and the site is limited by the utility easements on the lakeside. A portion of the deck, however, is located over the utility easement and this would hinder vehicle access that is needed to maintain the lift station on the southwest corner of the property. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request to allow the existing nonconforming deck (after the fact) in order to allow the construction of a detached garage that is conforming to setbacks. The proposed garage will enhance the use and function of the property. The deck has a minimal encroachment and is a reasonable use of the riparian property. Approval is subject to the following conditions. 1) The encroachment of the deck into the easement be resolved by expanding the easement to the satisfaction of the City Engineer and Public Works Superintendent. 2) The building permit for the garage and deck shall not be issued until proof of recording of the easement document has been filed with the City Clerk The survey to be submitted with the ..building permit is subject to the review and approval of the City Engineer and Building Official. 3) FLAGSHIP MEMBERSHIP Fax:612-82g-2651 ]un 4 '97 2:2? P. 02/06 ~Sa~n by CAPELL¢~ MIArurEs OF A MI ETING OF MOUND ADVISORY PLANNING COMMISSION OCTOBER 28, 1996 CASE 96-62: FARIANCE FOR DETACHED G~RAGE, SCOTT & LINDA MACK, 4657 ISLA~-~ ~i~.'w DRi¥~., LOT 15, BLOCK 1, DEVONr 30-117-23 22 008¢ Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R-IA zoning district which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet, 6 foot side yard setbacks, a 15 foot rear yard setback to the commons, and a 50 foot setback from the ordinary high water. The applicant is seeking a variance to allow construction of a conforming 22' x 24' detached garage as shown on the survey. This property is conforming with the exception of the deck on the lakeside of the dwelling that was apparently constructed without a permit. The deck is setback about 45 feet to the ordinary high water resulting in a variance request of 5 feet. The proposed garage is a reasonable use of the property, is fully conforming, and the site is limited by the utility easements on the lakeside. A portion of the deck however is located over the utility easement and this would hinder vehicle access that is needed to maintain the lift station on the southwest corner of the property. The City Engineer has requested a copy of easement documents for this property. Sutherland, reviewed the easements surrounding the subject property and adjacent properties. The Engineer wants to verify if the easements are also for drainage purposes. Sutherland confirmed that a double fee for the building permit for the existing deck will apply. Sutherland reviewed a letter received from the applicant's neighbor, Mark Smith, and how each concern can be addressed, as follows: "Drainage. We moved into our house June of 1995; in August of · 95 Mound experienced a substantial storm. The storm drain on Island View Drive could not handle rain run-off as it should have, which caused a river of water to flow between our house and the Mack's house. During that episode we took photos to document this.drainage flow problem. This situation causes me some concern if left as is. Moreover, when a new structure is proposed to be built in that natural run-off area, it causes me some very real concern. I see the run-off being redirected toward my house.,, .. Planning Commission Hinutes October 28, 1996 Sutherland commented, the City will need a grading and drainage plan in order to address the drainage concerns. 2. ,,Culvert. Looking lakeside, I can see a Culvert coming out from the rip-rapped shoreline. Where is the origin of that culvert? Is this culvert coming from the storm drain on Island View Drive if so how could this proposed structure impact that? Is there an easement to facilitate the maintenance of this culvert?" Sutherland, commented there are easements to facilitate the maintenance of the culvert. The proposed garage has a conforming setback and should not affect the operation or maintenance of the culvert. 3. ,Power/Telephone Lines. In front of my house there is a sewer lift station. This equipment requires both power and telephone line connections. Where is that in reference to this structure? Is there an easement to facilitate the maintenance of this equipment?" Sutherland commented there is an easement to facilitate the maintenance of this equipment, city staff is working to maintain the easements and remove encroachments. 4. ,,Survey. Are you looking at a current survey of the property as it is today or a proposed survey for a house to be built?" Sutherland confirmed the survey submitted is not a current survey and he has discussed this with the applicant who is getting a revised survey that will show the existing structures and setbacks and a grading and drainage plan with elevations. 5. "Commons Area. How does the City plan to access on a timely manner the commons area in front of our home with heavy equipment to maintain the sewer station, trees or shoreline?" Sutherland noted the options in the staff report which suggests that it is possible the easement could be expanded to the south around the deck in order to accommodate access to the sewer station, or the encroachments into the easement could be removed. Staff recommended the Planning Commission recommend approval of the variance request as it enhances the use and function of the property with the condition that the encroachment of the deck into the easement be resolved, this encroachment could be resolved by one of the following options. 1) The encroaching portion of the deck could be removed prior to the issuance of the building permit for the garage. 4 Planning Commission Hinutes October 28, 1996 2) The easement could be expanded to the south to allow for vehicle access, as agproved by the City Attorney and the City Engineer. If approval is recommended, it is recommended by staff that the survey be revised to show all utility easements and all existing structures. Weiland stated that the decks are not shown properly on the survey and asked who drew them on the survey. The secretary indicated that the applicant,s contractor, Tom from Durabilt, drew the decks on the survey. Gina Anderson, neighbor at 4665 Island View, handed out copies of photographs taken of their property during the storm of 1995 and stated they moved in their house in June and have drainage concerns. She stated she is submitting the photos to document how substantial the run-off is between their two property lines when the storm drain backs-up. She indicated you can see from the photos that the garage will redirect the run-off towards their basement and there are two windows in that location. Hanus commented he would like to specifically see the following items addressed if this request is tabled. - Ail easements be shown on the survey. Ail buildings/structures be shown, including the deck to the north of the house. Elevations need to be corrected and clarified. He is concerned about the slope of the driveway as it comes into the proposed garage. - Hanus highlighted a concern of Commissioner Mueller's which was received in writing (he was not present) regarding the turning radius and if they will have to cross onto the neighbors property in order to exit from the garage. - Hanus noted there are fences located in the easements and asked if there were permits issued. Joyce Agnew neighbor at 4649 Island View Drive stated that they share their driveway with the Macks in that the pavement meets at the property line, and she does have concern with how he will be able to turn out of the driveway without continually crossing over the line. Mr. Mack stated that the Agnew's use his driveway when they exit their property. Sutherland stated that the fence along the east side does have a permit. The applicant confirmed that the fence on the west side does belong to him. Sutherland stated that staff will verify if a permit was obtained for the fence on the west line. 5 Planning commission Hinuces October 28, 1996 Clapsaddle suggested that the two neighbors cooperate and together and do some grading to solve the drainage issue. MOTION made by Hanus, seconded by Clapsaddle to table the request pending the receipt of further information from the applicant, including= An updated survey includlng: all existin~ ~o~ed structures including decks, the r----~ .... · · ' d driveway shall be delineated, exlstxng an proposed elevations, and a drainage and grading plan. The floor elevation of the proposed garage in relation to the driveway shall be clarified. Location of off-site easements on adjacent properties shall be clarified. work MOTION carried unanimously. Chair Michael requested the secretary include Commissioner Mueller's comments which were received in writing, as follows: "The applicant already has a garage. Drainage from Island View Drive is terrible and therefore how will this property contain and divert water so as not to affect the adjacent property owners with snow melt run-off and heavy rains. Putting a building up definitely changes current water flow. Huge need for a drainage plan which shows there is no detrimental affect on the adjacent neighbors. If there is no agreement with the property owner to the east, it is nearly impossible to access this garage without infringing on the neighbors rights of quiet enjoyment of their property. I also understand the applicant has a concern with snow plowing the driveway to the east. Get an agreement or show its possible to put the garage in and turning an 18' vehicle into the garage without encroaching on the neighbor." 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 10-28-96 Planning Commission, Applicant and Staff Jori Sutherland, Building Official Variance Request Scott and Linda Mack 96-62 4657 Island View Drive, Lot 15, Block 1, Devon, PID 30-117-23 22 0086 R-lA Single Family Residential .BACKGROUND: This property is located in the R-lA zoning district which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet, 6 foot side yard setbacks, a 15 foot rear yard setback to the commons, and a 50 foot setback from the ordinary high water. The applicant is seeking a variance to allow construction of a conforming 22' x 24' detached garage as shown on the survey. This property is conforming with exception of the deck on the lakeside of the dwelling that was apparently constructed without a permit. The deck is setback 45 feet to the ordinary high water resulting in a variance request of 5 feet. The proposed garage is a reasonable use of the property, is fully conforming, and the site is limited by the utility easements on the lakeside. A portion of the deck however is located over the utility easement and this would hinder vehicle access that is needed to maintain the lift station on the southwest corner of the property. ..STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request as it enhances the use and function of the property with the condition that the encroachment of the deck into the easement be resolved, this encroachment could be resolved by one of the following options. Staff Report Mack P, 2 1) The encroaching portion of the deck could be removed prior to the issuance of the building permit for the garage. 2) The easement could be expanded to the south to allow for vehicle access, as approved by the City Attorney and the City Engineer. If approval is recommended, it is recommended by staff that the survey be revised to show the utility easement that is located along the west side property line from the road to the City's lift station. This easement accommodates the electrical service for the lift station. The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on November 12, 1996. Michael & Mo Muel let 612 4724~96 P.81 To the Planning Commission from Michael Mueller RE: Meeting of October 2g, 1996 Comments & Concerns with cases. 96-61 · 96-62: Everyone needs a garage - this one is a small one! Items that need to be resolved: 96-63: Thc applicant already has a garage. Drainage from Islandview Drive is terrible and therefore how will this property contain and divert water so as not to affect the adjacent property owners with snow melt rml-off and heavy rains. Putting a building up definitely changes current water flow. Huge need for a drainage plan which shows thare is no detrimental affect on the adjacent neighbors. If there is no agreement with the propexty owner to the east, it is nearly impossible to access this garage without infringing on the neighbors rights of quiet enjoyment of her property. I also tmderstand the applicant has a concern with s~lowplowing the driveway to the east. Get an agreement or show its possible to put the garage in and turning an 18' vehicle into the garage without encroaching on the neighbor. I agree with staff report that this issue needs to be resolved in total and not piece-meal fixes. I regret that I will not be able to attend this evening's meeting about downtown redevelopment. Let's not forget that the conununity center may not be there soon and we need to include this area in our downtown plan. Thanks for allowing me this input, Sincerely, Michael Mueller VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Application Fee: $50.00 .. (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: Distribution: City Planner City Engineer Public Works DNR SUBJECT PROPERTY LEGAL DESC. PROPERTY OWNER (IF OTHER THAN OWNER) Address Lot Subdivision PID# Block / Plat # B-2 B-3 (M) Address Phone (H). Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): (Rev. 12/8/95) Variance Application, P. 2 Case No. o Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located.'? Yes (), No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): S~: REQUIRED REQUESTED VARIANCE (or existing) Front Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( m S E W ) ,~-~Ot ft. ~t. ,'~ "~ ft. · (NSEW) -- ft. "'-'ft. - ft. Street Frontage: ft. ft. ft. Lot Size: sq ff sq ft sq ft Hardcover: sq fl sq ft sq ff Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (), No (). If no, specify each non-conforming use: o Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) too small ( ) too shallow Please describe: ( ) topography ( ) drainage ( ) shape ( ) soil ( ) existing situation ( ) other: specify (Rev. '22/8/95) ...... Case bio. Variance Application, P. 3 Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No (). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? No (). If yes, explain: /5/0 Yes (), Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (). If no, list some other properties which are similarly affected? Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. application by any authorized of~.ai of maintaining and removing such/f/ti 7s Owner's Signature ~/~f~ /~ · '2/8/95) I consent to the entry in or upon the premises described in this the Cit~.pof Mound for the purpose of inspecting, or of posting, required by law. Date CITY OF MOUND HARDCOVER CALCULATION~ (IMPERVIOUS SURFACE COVERA(~E) ADDRESS: OWNER'S NAME: LOT AREA SQ. FT. X :30% LOT AREA_iO~[~) SQ. FT. X 40% (for all lots) .............. (for Lots of Record') HOUSE LOT AREA SQ. FT. X 15% = (for detached buildings only) .. 'Existing Lots of Record may have 40 percent coverage provided that techniques 'are utilized, as outlined in Zoning Ordinance Section 350:1225, Subd. 6. B. 1 (see back). A plan must be submitted and approved by the Building Official. ' LEN~GTH WIDTH SQ FT DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. TOTAL HOUSE DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER TOTAL DETACHED BLDGS ..... . . x X X TOTAL DRIVEWAY, ETC X X X TOTAL DECK TOTAL OTHER = ZYO X = X ? 'OTAL HARDCOVER / IMPERVIOUS SURFACE ~1~~ OVER (indicate dif.f~rence, . ....../ __ - _..._....~, .,..y · },;:r...h~h,..7 ................... Certificate of Survey for Scott J. Mack of Lot 15, Block 1~ Devon Hennepin Co6nty, Minnesota i-o4 ':1 'IS, 5~'dL_ :9-~ 0 .... q O°[o ,3o :,*',s'r t3~O ,~6.0 I hereby certify that thi~ is a true and correct representation of a survey of the boundaries of Lot 15, Block l, Devon, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County, the Location of an existing encroaching driveway aod the proposed location of a proposed house. It does not purport to show any other i~orovements or encroachments. COFFIN & GRONDERG, INC. Scale: 1" = 20' t.lark $. 6ronb~rg ~n. Li~ o : Iron marker Engineers, Land Surveyors. Planners ~ ' Spot elevation Long Lake, ~innesota · : Mea~ Sea Level~ ~ O DRESS: ~URVEY ON FI LOT OF RECORD? YARD HOUSE ......... FRONT FRONT SIDE ;IDE REAR LAKE TOP OF BLUFF GARAGE, SI1ED ..... FRONT FRONT SIDE SIDE ~D VIE~ DR NO DIRECTION CITY OF MOUND - ZONING INFORMATION SHEET ZONING DISTRICT, LOT SIZE/WIDTH: B1 7,500/0 B2 20,000/80 '1~"~----'"~'7000/40 sa 10,000/60 R2 14,000/80 [ R3 SEE ORD. I1 30,000/100 IEXIb-i lNG/PROPOSED REQUIRED LOT WIDTH: LOT DEPTH: VARIANCE I ( EW I N S E, N W E W 30' /-'t- OR OTHER DETACIIED NS E W N S E NS E W REAR N S E W LAKE N S E W TOP OF BLUFF BUILDINGS 4' OR 6' 4' 50' I0' OR 30' --~ARDCOVER CONFORMING? YES This Znning Informistion Sheet only summarizes is portion of the Planning Department at 472-0600. ~N__ I'Y'~vl~''~ '~' [ 30% ~ ,'"~xl . t. t_ .<" ! .', ! ''"' FNO~, ? ~_ IBy:J~/ DATED: ~ -- requ~rem{~nts outlinisd in the City of Mound Zoning Ordinance. For further information, contact the City of Mound '.2r. 2 IlY OF MOUND -- 0 0 o RESOLUTION NO. 97- RESOLUTION ACCEPTING THE RESULTS OF A SURVEY PERFORMED BY DECISION RESOURCES, INC. AND SUPPORTING A REFERENDUM TO OBTAIN VOTER APPROVAL IN THE WESTONKA SCHOOL DISTRICT FOR THE PURPOSES OF RENOVATING THE WESTONKA COMMUNITY CENTER AND WORKING WITH THE CITY OF MINNETRISTA AND THE WESTONKA SCHOOL BOARD TO JOINTLY PROMOTE AND MARKET A REFERENDUM TO ACCOMPLISH SUCH A PROJECT WHEREAS, the City of Mound has been working jointly with the City of Minnetrista and the Westonka School Board to study the feasibility of preserving the Westonka Community Center; and WHEREAS, the feasibility study included a preliminary design and cost estimate for the renovation of the existing community center; and WHEREAS, the City of Mound determined, with the City of Minnetrista and the Westonka School Board, that a professional survey be conducted to gauge the level of interest in a possible renovation of the existing community center and to gauge the level of interest in conducting a referendum for the purposes of getting voter approval to issue general obligation bonds to finance such a renovation project; and WHEREAS, a survey was conducted and the results of the survey, a copy of which is attached and made a part hereof, indicates that of those persons surveyed, there appears to be knowledge that such a project is being considered but that there are some misperceptions as to the nature of the project; and WHEREAS, Decision Resources, Inc., has concluded that a "financially prudent bond referendum, requiring a property tax increase of no more than $50.00 per year on the average household, would have an excellent chance of passage"; and WHEREAS, the professional survey, conducted by Decision Resources, Inc., attached hereto and made a part hereof, has indicated that "the Cities and School District face a major information campaign to dispel misperceptions and that a key component will be a clear and consistent presentation of the proposal, its costs, its components-and what is NOT included"; and WHEREAS, the survey concluded that "even with these very positive atmospherics, the bond referendum campaign will require a full-scale information and voter mobilization effort to pass and that apathy is the 'enemy' facing this proposal, once the information base is in place"; and WHEREAS, the cities of Mound and Minnetrista and the Westonka School Board have reviewed the survey results and believe that a bond referendum be pursued. THEREFORE NOW BE IT RESOLVED, that the City of Mound, Minnesota hereby accepts the results of a professional survey conducted by Decision Resources, Inc., and supports the use of a referendm to obtain voter approval school district wide to renovate the existing Westonka Community Center and to take the necessary steps to jointly promote and market, with the City of Minnetfista and the Westonka School Board, a referendum to accomplish such a project. BE IT FURTHER RESOLVED, that the City of Mound will assist the Westonka School District in the actual carrying out of the referendum election through the use of employees, voting machine equipment and other types of assistance required to conduct a referendum for the purposes so stated above. 6129296166 DECISION RESOURSES Decision Resources Ltd. 157 P02 Methodology: EXECUTIVE SUMMARY I~estonka Communities Survey Survey of 336 randomly selected residents of the Cities of Mound, Minae~sta, and Spring Park. Average interview time of eleven minutes. Telephone interviews completed between Augu~ 20 and 27, 1.997. Resuks projectable t~ their respective universe within + 5.5 percent in 95 out of 100 cases. Residential Demograph ics: Median longevity ia the city of I 1.3 year~. Twenty-seven percent residents for five yea~s or less. Twenty-six percent residents for over twenty yeats. The median adult age of residents was found t~ be 45.8 years old. Twenty percent posted ages less than 35 years old. Twenty percent posted ages over 64 years old. Twenty-one percent of households contained senior citizens. Th/try percent of households contained school-aged children. Of these, seventy-eight percent attended Westonka Public Schools. Eleven percent of households contained pre-schoolers. Eighty-one percent owned their present residences. The median current value of residential property was $ I30,000.00. Women and men were equally represented in the sample. City representation was re-weighted reflect population. Fifty-two percent resided in the City of Mound. Twenty-seven percent lived in the City of Spring Park. Twenty-one percent lived in City of Minnetfista Inn , Minnesota 55416 920,0,-337,...0 ....Fax DECISION RESOURSES 159 POI SEP 19 '9? 11:56 Westonka Communities 1997 Community Center Study Awareness of the Westonka Community Center Issue: · Seventy-six percent recalled seeing or heating something about the Community Center. · Thirty-three percent remembered "several construction possibilities." · "Remodeling of facility" was recalled by sixteen percent. · "Tearing down old facility" was mentioned by six-teen percent. · "High cost of project" was posted by five percent. · Among those recalling information, thirty percent were favorable toward the project. · Twenty-five percent were unfavorable toward the project. · Seventeen percent had mixed opinions. · Twenty-eight percent were uncertain about their feelings toward the project. · Twenty-six percent felt the Center was "worth remodeling." · Thirteen percent thought "people deserve a community center." · Twelve percent reported the "cost was too high." · Ten percent felt the "current location is a good location." · Eight percent would support it if the "cost was acceptable." · Eight percent wanted to preserve the "historical landmark." · Seven percent supported "a new building." · Only twelve percent felt current plans called for the Community Center's conversion into a full-service Recreation Center. · Sixty-one percent accurately reported that current plans do not have this feature. Reactions to Current Plans: · Majorities supported each of the main aspects of the current Community Center proposal. · By an 82%-11% judgment, residents supported extensive remodeling and renovation of the Community Center to comply with codes and ADA requirements. · By a 72%-14% verdict, they supported modernizing office and classroom space for greater efficiency and flexibility of uses. · By a 66%-14% judgment, respondents favored upgrading and enlarging the senior center area for beuer space efficiency and accessibility. · By a 64%-20% margin, respondents supported the creation of interior courtyards in the "pod area" to simplify finding ones way around the building and to promote better roof drainage. Page 2 DECISION RESOURSES 157 P04 SEP 19 '9? 11:56 Y/estonka Communities 1997 Community Center Study · · · · · · · · By a 62%-20% result, residents supported retaining one of the two gymnasium spaces for community use, while converting the second gyran~ium into a community performing arts facility. By a 61%-23% judgment, residents supported additional parking space at the facility. By a 58%-17% verdict, residents favored remodeling of the locker rooms to provide updated recreational support space. Seventy-four percent reported they supported the renovation and remodeling of the Community Center along the lines d.iscussed in the survey. Only thirteen percent opposed the project, while thirteen percent were undecided. Twenty-five percent reported that "remodeIing was needed." Nineteen percent said "people deserve it." Eighteen percent felt it was "good for the future of the community." Thirteen percent would base their opinion upon "cost figures." Six percent felt the project "cost too much." Five percent wanted to "construct a new center." Five percent supported the "present good location." The typical Westonka Communities resident supported a property tax increase of $6.08 per month to fund community center construction. Eighteen percent would oppose any tax increase. Fifty-six percent would support a $4.00 monthly property tax increase. Conclusions: A financially prudent bond referendum, requiting a property tax increase of no more than $$0.00 per year on the average household, would have an excellent chance of passage. The Cities and School district face a major information campaign to dispel misperceptions. A key component will be a clear and consistent presentation of the proposal, its costs, its components -- and what is NOT included. Even with these very positive atmospherics, the bond referendum campaign will require a full-scale information and voter mobilization effort to pass. Apathy is the "enemy" facing this proposal, once the information base is in place. Pa£e3 6129296166 DECISION RESOURSES DECISION RESOURCES, LTD. 3~ DEAN COURT MINNEAPOLIS, MINNESOTA WESTONKA PUBLIC SCHOOLS CITIES OF MOUND AND MINNETRISTA FINg-L VERSION Yello, I'm calling on behalf of [IF CITY OF MOUND SAY:] the City of Mound and the Westonka School District. [IF CITY OF MINNETRISTA SAY:] the City of Minnetrista and the westonka School District. [IF CITY OF SPRING PARK SAY;] ~he Westonka School District. We are speaking with a random sample of residents about issues facing the area. I wang to assure you that all individual re- sponses will be held strictly confidential; only summaries of the entire sample will be reported. Approximately how many years have you lived in the Westonka Area? LESS THAN ONE YEAR ..... ONE OR TWO YEARS ....... THREE TO FIVE YEARS...15% SIX TO TEN YEARS ...... 17% ELEVEN - TWENTY YRS...20% OVER TWENTY YEARS ..... 36% DON'T KNOW/REFUSED ..... There have been discussions lately about the Westonka Community Center located at the old High School Building in Mound. 2. Do you recall hearing or seeing YES ................... 76% anything about the Community NO .................... 20% Center? DON'T KNOW/REFUSED ..... IF "YES," ASK: (N=257) 3. What do you recall seeing or hearing about the Communi- ty center? DON'T KNOW, 2%; READ SOMETHING, 3%; HEARSAY, 7%; REMODEL, 16%; UP FOR SALE, 8%; TEAR DOWN, 16%; CONSTRUCT NEW, 3%; MOVE TO NEW LOCATION, 5%; SEVERAL CONSTRUCTION POSSIBILITIES, 33%; N~ED TO BE BROUGHT UP TO CODE, 2%; COST OF PROJECT, 5%; SCATTERED, 1%. 4. Do you generally feel favor- FAVORABLE ............. 30% able or unfavorable about the UNFAVOR3%BLE ........... 25% project based upon what you MIXED ................. !7% have heard or read? DON'T KNOW/REFUSED .... 28% IF A RESPONSE IS GIVEN, ASK: (N=186) 6129296166 DECISION RESOURSES 150 POG/05 SEP 18 '97 10:50 5. Why do you feel that way? DON'T KNOW, 2%; WORTH REMODELING, 26%; WANT NEW BUILDING, 7%; COST TOO MUCH, 12%; DECISION NEEDS TO BE MADE, 5%; GOOD LOCATION, 10%; PEOPLE DESERVE IT, 13%; IF COST IS ACCEPTABLE, 8%; GOOD PROGRAMS/SERVICES, 4%; HISTORICAL LANDMARK, 8%; SCATTERED, 6%. As you may recall, there have been discussions about remodeling and renovating the Community Cenzer. o From what you have seen or heard recently, do current plans call for the Community Center's conversion into a full-service Recreational Center, similar to a health club? YES ................... 12% NO .................... 61% DON'T KNOW/REFUSED .... 27% In fact, the current proposal does not call for that type of conversion, at all. Let's talk about the current Westonka Community Center. As you may know, it houses School District Administration Offices, Community Education Program Offices, the Early Childhood and Family Education Program, the Youth Center, the Senior Center, the Adult Basic Education Program, the Head Start Program, the Westonka Community Action Network, and the TRI-AX Public Access Cable Television Production Studios, in addition to gymnasium space. The intent of the current proposal is to remodel and renovate this facility to better serve the needs of its users. Now, I would like to read you a list of specific proposals con- cerning the renovation and remodeling of the current Westonka Community Center in Mound. For each one, please tell me if you would strongly support it, somewhat support, somewhat oppose, or strongly oppose it. If you have no opinion, just say so. (ROTATE) Extensive remodeling and renovation of the Community Center to comply with life-safety, and fire codes, as well as promote better handicapped accessibility. Modernizing office and classroom spaces for greater efficiency and flexibility of uses. Upgrading and enlarging the senior center area for better space effici- ency and accessibility. 2 STS SMS SMO STO DKR 56% 26% 6% 5% 7% 34% 38% 8% 6% 14% 36% 30% 7% 7% 21% ::]"1] ..... 150 P04/05 SEP 18 '97 10:51 6129296166 DECISION RESOURSES 10. Retaining of one of the two gym- ~asium spaces for community, use, while converting the second gym- nasium space into a community performing arts facility for band or choir concerts and community or school district theater productions. 11. Creation of interior courtyards in the ,'pod area" to simplify finding ones way around the building and to promote better roof drainage. 12. Remodeling or the locker rooms to provide updated recreational support space. 13. STS SMS SMO STO DKR 39% 29% 12% B% 13% 32% 32% 10% I0% 17% 24% 34% 10% 7% 25% Additional parking space at the facility. 32% 29% 14% 9% 16% If the current Community Center were renovated and remodeled along the lines we have discussed .... 14. STRONGLY SUPPORT ...... 36% SUPPORT ............... 38% OPPOSE ................. 7% STRONGLY OPPOSE ........ DON'T KNOW/REFUSED .... 13% would you support or oppose the renovation and remodeling of the current facility? (WAIT FOR RE- SPONSE) Do you feel strongly that way? IF A POSITION IS TAKEN, ASK: (N=294) 15. could you tell me one or two reasons why you feel that way? DON'T KNOW, 1%; REMODELING NEED, 25%; IF COST IS ACCEPTABLE, 13%; DON'T RAISE TAXES, 2%; PEOPLE DE- SERVE IT, 19%; GOOD FOR FUTURE OF COMMUNITY, 18%; CONSTRUCT NEW CENTER, 5%; GOOD LOCATION, 5%; COST TOO MUCH, 6%; HISTORICAL LANDMARK, 5%; SCATTERED, 1%. The remodeling and renovation of the Community Center would require the issuance of municipal bonds. In order to finance the cons=ruction costs, an increase in residential and commercial property taxes would be required. 16. How much would you be willing to NOTHING ............... 18% pay in additional property taxes $2.00 .................. 6% to fund the renovation and re- $4.00 .................. modeling of the Westonka Community $6.00 ................. 14% Center? (START AT RANDOMLY SELECT- $8.00 .................. ED LEVEL) Let's say, would you be $10.00 ................ 25% willing to pay S___per month? DON'T KNOW ............ 19% (MOVE UP OR DOWN DEPENDING ON RE- REFUSED ................ 1% SPONSE) How about $ . per month? $129296166 DECISION RESOURSES 158 PO5x05 SEP 18 '97 10:51 Now, just a few more questions for demographic purposes ..... Could you please tell me how many people in each of the following age groups live in your household. Let's start with the oldest. 17. Pirst, persons 65 or over? 0 ..................... 79% 1 ..................... 14% 2 OR MORE .............. 7% 18. School-aged children? 20. 21. 0 ..................... 71% 1 ..................... 15% 2 ..................... 10% 3 OR MORE .............. 5% IP SCHOOL-AGED CEILDR~N ARE PRESENT, ASK: (N=98) 19. Do they attend public schools WESTONKA PUBLIC ....... 78% in this district, public schools in another district, parochial schools, private schools, or home school? Pre-schoolers? Do you own or rent your present residence? OTHER PUBLIC ........... 6% PAROCHIAL SCHOOLS ...... 9% PRIVATE SCHOOLS ........ 5% HOME SCHOOL ............ 1% COMBINATION (VOL.) ..... 1% REFUSED ................ 0% 0 ..................... 89% 1 ...................... 2 OR MORE .............. OWN ................... 81% RENT .................. 19% REFUSED ................ 0% IF "OWN," ASK: (N=273) 23. 24. 22. What is the current value of your residential property -- under $75,000, $75,000- $125,000, $125,000-$175,000, or over $175,0007 What is your age, please? (READ CATEGORIES, IF NEEDED) Gender (DO NOT ASK) 25. REGION (FROM LIST): UNDER $75,000 .......... 6% $75,000-$125,000 ...... 35% $125,001-$175,000 ..... 25% OVeR $175,000 ......... 30% DON'T ~NOW ............. 4% REFUSED ................ 1% 18-24 .................. 3% 25-34 ................. 17% 35-44 ................. 27% 45-54 ................. 20% 55-64 ................. 13% 65 AND OVER ........... 20% REFUSED ................ 0% MALE .................. 48% PEMAL~. ................ 52 % MOUND ................. 52% SPRING PARK ........... 27% MINNETRISTA ........... 21% MEMORANDUM TO: FROM: DATE: RE: SRA City Mana~,ers/Administrators/Delegacs Jim Strommen, Kennedy & C-raven August 22, 1997 612 Area Code Split--Discussion and Action Items ATTORNEY-CLIENT PRIVII.EGE/WORK PRODUCT INTRODUCTION This memorandum follows the PUC's decision to defer a fLu,al plan on the 612 area code change until October, with thc likelihood that one of t~'o geographic splits will be adopted. (map attached)..Each of thc geographic splits Mil split suburbs because the wire center boundaries used to separate calling prefixes do not run along political boundaries. Also, as you have read in the paper and heard on the news, the overlay method is still a possibility. It is strongly supported by Commissioner Storm. A new Commissioner, Cn'eg Scott, will be participating irt the final decision in October. Disagreement over the type of geogxaphic split among the Commissioners may cause Commission Chair, Oarvey, to support an overlay if the new member supports it. The River Split is dead because it cannot provide the needed relief duration required by the Commission. This memorandum discusses the SRA options at this point and suggests actions by SRA members. DISCUSSION L_eeal Posture. The PUC imends to adopt a final plan in early October, to be implemented in 1998. I have been approached by the DPS regarding the concerns of the SR_a, that boundaries not nm v,'khin municipalities. The DPS is requesting that U S We,st explain the technical feasibility of re- drawing wire center boundaries along municipal l~undaries for purposes of the area code split. I have made a similar request of U S West. I have also spoken with the DPS regarding the possibility of re-drawing its proposal lo avoid municipal splits. Unofficially, the DPS seems receptive to examining a Minneapolis-St Paul area code and suburban area code, along municipal boundaries. I will pursue this closely. The SRA, like any party, should be free to make add/tional comments to the PUC prior to and at irs final hearing in October. Because the PUC has not made a final decision yet, a petition for reconsideration, at this point, is premature unless it asks that any geographic split not divide municipalities. That issue can be addressed in the interim with the information gathering I can obtain about techn/cal feasibility and cost and ti'mt SRA cmn gather during the next month and a half. If the PUC decides to adopt a geographic split of the 612 area code and that split divides municipalities, there is almost no chance that an appeal on a purely legal basis would prevail. The PUC will need to be convinced that avoiding d/vis/on within municipal/ties is a sufficientIy important policy consideration to warrant reconfiguration of the existing geographic split plans. R__elevant PUC Factors. At the August 20 deliberation, the members of thc PUC each articulated factors that were important to them in deciding the proper area code plan. Generally, the interests of business-end users were of significant importance, especially small businesses. Com'enience and lack of confusion to all customers was important. Each Commissioner separately stated that he did not want to be revisiting this issue anytime in thc near furore. They had recently completed the 320 area code matter and felt that they were placed in the 612 exhaust situation far sooner than earlier predictions. That factor probably was the single biggest reason that the River split was not seriously considered as a final plan by the Commissioners. Other factors included costs, fairness to all ~oups, specifically competitors, understandability and retention of one's existing telephone number and seven di~t dialing, if at all possible. While some Commissioners were concerned with neighborhoods being split by different area codes, none expressed the sentiment that the goals of city government in any given ciD- would be hampered. In other words, that city. councils had opposed splitting murdcipal boundaries and, therefore, favored the River split, did not seem to be an important factor to the Commissioners in and of itself. SRA Member Discussion. The SPA does not meet until October 16, 1997. This will be too late for any formal action of this SCOl~ unless the PUC decision is scheduled for the second part of October, which it does not · appear to be at this time. It is clear that the "division of community" argument of thc SRA. must be supported by something more than a city council resolution opposing it. Tan~ble, reaMife or compelling possible scenarios must be included in any argument or city action to move this Commission to cons/der a potentially costly re-drawing of wire center boundaries along municipal boundaries. Most every inner-ting suburban municipality will be split in some way by one or both of the geographic sph[ proposals. What is critical for me to 'know is thc importance of' this issue to the affected cities and the SRA, as a whole. I have heard from and met wkh some city councils. They have expressed opposition to the split. Yet, to affect the PUC, the SKA response will need to be both widely held and supported by particular reasons that a split in area code numbers within in the city will break down community, or otherwise c:~use negative consequences. The general public has not been particularly vocal to the PUC on the matter of neighborhood splits. This Commission v,411 inevitably ask when the SRA or any other city comes to the table "why would a different area code within your city cause you as a municipal government more than a temporary problem with confusion and inconvenience? We are not hearing fi.om the public that a geographic split within their neighborhoods is something they can't adjust to?" Cities need one or more the following three t'ypes of responses: One or two overriding public po[icy concern adversely affected by an area code split within a community. A list of less compelling but cumulatively important tangible and intangible problems created by a split. Individual business and resident responses brought to a city describing the problems of a split withir! a city. Action Items. I will press for information regarding the exact proposed boundaries and capabilities of area code divisions along municipal boundaries from the DP$ and U $ West. The SPA Executive Committee is empowered to act between meetings. If I need formal action from the Executive Committee, I will call a special meeting with thc formalities of open meeting notices preceding it. We rnay even decide it is appropriate to move up the regular meeting of the SRA to early October to obtain formal action by the entire board. In the meantime, it is important for me to hear from each city regarding: The preference between overlay and geographic split, depending on whether the split can be on municipal boundaries or not. Specific reasons that intra-municipal boundaries harms city government and the people it serves. Mpls-St. Paul ,.TMSZ2 ~?;4 S~160-31 3. Positions on whether a geo~aphic split along .municipal boundari .es wi~ would be acceptable or preferable to the overlay. Or whether a split along municipal boundaries but with some suburbs with/n the Mpls-St. PauI area code would be acceptable. 4. Poi1 )'our bus/ness community regarding the overlay proposal. It is my und~din§ that it is strongly opposed by the business commun/ty. If cities favor it, they may alienate local business. 5. Cit/¢s should also let their legislative representatives know about the city's position on the municipal split issue. My number is 337-9233, fax is $37-9310 and e-marl is .... I] .'. .-. geographically, and it recom- mended two plans for further study before-a final decision is made in October. When it met Wednesday, the PUC was deadlocked on whether to choose the more traditional method of dividing the citrrent 612 calling area in half or to try a new approach and let all the 612 numbers get used up before over- laying a new area code. ~3v~rtay. l.'ne ~'UL, normatly five members, but a resignafio~ earlier this year left the 'pane with only four members. Edward Garvey, PUC chairmai and a proponent of an overla~: said Thursday that he was willin.,. to change his mind if telephon, traffic patterns indicate mos: people make most calls wkhin ~ fairly small geographic area. Turn to AREA CODES on A1.1. New .area code contenders The Minnesota Public Utilities Commission is studying two plans to a~ a ne~ area code to t. he Twin Cities area. Which areas would retain the 612code has not been decided. The ~ core of the Twin Cities would have ~ ~ ~ard~e s~- ~ areas wood rove amther. The three-way split.' The metro area would be divided into three area codes. ~'¢~. ~, Stiltwater ~ , "x--....x .., · . '~.. 7 ';.:. ' :';-." ... S~ Trbune graphic RECEIVED MEMORANDUM TO: FROM: DATE: RE: SRA City Managers/Administrators/Delegates Jim Strommen, Kennedy & Graven August 12, 1997 Department Public Service Area Code Split Proposal Enclosed is an excerpt from the proposal of the Department of Public Service ("DPS") in the 612 area code docket currently before the Public Utilities Commission. The DPS is proposing a split similar to the "doughnut" approach that was rejected by the Task Force and opposed by the SRA. The SRA met on this matter on July 16, 1997. At that time the DPS had not submitted its proposal nor had it taken a position on the previously discussed alternatives, the River Split, the Doughnut Split or the Overlay. The SRA has submitted comments asking the PUC to preserve municipal boundaries wherever possible, opposing the Doughnut Split. On July 16 there was no SRA Board consensus on supporting the River Split or Overlay. The SRA did receive resolutions from some cities favoring the River Split, which was related to the PUC in the SRA's comments. Note in the attached summary that the DPS proposal would involve a new number for the Minneapolis-St. Paul and some portions of the surrounding suburbs. The primary rationale of the DPS is to balance the number prefixes. It states that the River Split and other diagonal or straight line splits create an imbalance in the number of pref'~es available, thus shortening the relief period. Note that the DPS proposal would split into different area code cities such as: Edina, St. Louis Park, Golden Valley, Columbia Heights, Roseville, Maplewood and Woodbury. Please discuss this internally and contact me at 337-9233 with any position tour city may have. This matter will be argued before the PUC sometime this fall Note that thins ~loe's not affect rates or local calling areas. It affects only telephone numbers and quantity of numbers one must dial for a local call (10 v. 7). potentially the JMS12£155 SU160-32 J 135W Docket Nos. P999/M-97-506 Analyst assigned: Gregory J. Doyle Page 12 RECOMMENDATIONS OF THE DEPARTMENT OF PUBLIc: SERVICE The Department recommends that the Commission embrace the -'bjectives it has identified and order a split of the 612 area code by creating a cen :er circle and an outer ring. The center circle would be comprised, as nearly as possible, of the cities of Minneapolis and St. Paul, preserving a strong geographic identi! ~. The Department further recommends that the 612 designation remain with the ow t_=r ring. The more significant issues are the method by which area code relief is to t e. accomplished (split) and the size of the respective components. That is, it is importar t to reflect a relative balance in the number of prefixes in each of the newly configure I code areas. The Department's recommendation meets the seven objectives e: t~merated earlier in these comments. It both minimizes customer disruption to the e ,'tent that is possible, and requires that the inconvenience of the decision be shared in t:.'t equitable manner by everyone. The geographic identity of the state's area codes will 1 ~: preserved, as will seven-digit dialing for all calls originating and terminating withJ: a single area code. Competitive and technological neutrality are preserved in that ~ ireless and wireline providers will be required to accommodate introduction of the n .'w code depending upon central office prefix location and not on the basis of when., ~rvices are introduced to the market-place. Thus, certain providers are not required to ~ i~proportionately bear the costs of this expansion. Finally, the only alternatives that produce a reasonable balancin;; of central office codes between areas are those incorporating an center circle and outer ting. The Department proposes the alternative provided in Attachment N. It further iv: oposes that the outer ring retain the 612 area code. The outer ring has a greater numb-::: of central office codes suggesting that fewer telephone numbers are likely to be negatix ely impacted by this decision. Area code exhaust will reoccur in the foreseeable futu~ E if telephone numbers and central office codes are not used efficiently. The Depart-men- recommends that the Commission adopt all procedures to ensure the efficient utilizati .~n of prefixes and telephone numbers in the course of this proceeding. Docket Nos. P999/M-97-506 Analyst assigned: Gregory I. Doyle Page 12 RECOMMENDATIONS OF THE DEPARTMENT OF PUBLI~: SERVICE The Department recommends that the Commission embrace the :bjectives it has identified and order a split of the 612 area code by creating a cen :er circle and an outer ring. The center circle would be comprised, as nearly as possibl~, of the cities of Minneapolis and St. Paul, preserving a strong geographic identit ~. The Department further recommends that the 612 designation remain with the ou t~.r ring. The more significant issues are the method by which area code relief is to t ~. accomplished (split) and the size of the respective components. That is, it is importar t to reflect a relative balance in the number of prefixes in each of the newly configure ! code areas. The Department's recommendation meets the seven objectives e: tumerated earlier in these comments. It both minimizes customer disruption to the e trent that is possible, and requires that the inconvenience of the decision be shared in ~:x equitable manner by everyone. The geographic identity of the state's area codes will 1,: preserved, as will seven-digit dialing for all calls originating and terminating withi - a single area code. Competitive and technological neutrality are preserved in that ,a ireless and wi,reline providers will be required to accommodate introduction of the n ,.w code depending upon central office prefix location and not on the basis of when., ~rvices are introduced to the marketplace. Thus, certain providers are not required to i isproportionately bear the costs of this expansion. Finally, the only alternatives that produce a reasonable balancinl; of central office codes between areas are those incorporating an center circle and outer .'~g. The Department proposes the alternative provided in Attachment N. It further p: oposes that the outer ring retain the 612 area code. The outer ring has a greater numb.::: of central office codes suggesting that fewer telephone numbers are likely to be negatix ely impacted by this decision. Area code exhaust will reoccur in the foreseeable futu~ e if telephone numbers and central office codes are not used efficiently. The Departmen: recommends that the Commission adopt all procedures to ensure the effident utilizati :n of prefixes and telephone numbers in the course of this proceeding. /il DRAFT- PO$C Minutes 9-11-97 PARK AND OPEN SPACE COMMISSION MINUTES September 11, 1997 Present were: Peter Meyer, Bev Botko, Rita Pederson, Tom Casey, City Council Representative Leah Weycker, Parks Director Jim Fackler, and Secretary Clare Link. Those absent and excused were: Marilyn Byrnes. The following interested citizens were present: Ralph Bauer, Stacy & Sue Cathers. MINUTES Motion made by Botko, seconded by Pederson to approve the minutes of the July 10, 1997 Park and Open Space Commission meeting as written. Motion carrie4 unanimously. AGENDA CHANGES There were no changes to the agenda. ~UBLIC LANDS PERMIT: RALPH BAUER, 1774 HERON LAN~; Fackler stated the applicant is seeking an after-the-fact permit to alter and improve the existing landscape after the removal of trees by the City. He reviewed the proposed landscaping plan. The City will provide mulch for the tree planting area. He recommended approval of the permit with certain conditions as noted in report. Casey asked what was actually cut in violation of the ordinance. Fackler stated there were about six maple and basswood trees cut. Meyer stated he is concerned whether the area near Sparrow Road will be too steep for wood chips. Fackler stated it is not too steep for wood chips and they were to be placed only around the trees. Bauer stated he could put in edging if required. Casey asked if the wood chips would serve a function or if the area should be allowed to reseed itself. Fackler stated undergrowth would eventually dominate and the woodchips were only to help retain water. Ralph Bauer, 1774 Heron Lann gave a background on the permit request. He reviewed pictures of the site. He stated he would like to be allowed to prune and maintain the existing wild plum trees between Area A and Area B. Casey asked where the trees removed were located in Area A. Bauer showed a photograph which noted the location of the trees. In response to a question from Casey, Bauer explained why native plants are proposed for Area B. He stated woodland plants would be much more labor intensive. Meyer stated he was concerned about the urbanization of the area. Casey was concerned about the kind of landscaping proposed. DRAFT - PO$C Minutes 9-11-97 Meyer agreed with staff's recommendation but was not in favor of the wood chips. Fackler stated they are only proposed around the trees. Weycker asked if wood chips are proposed for Area B. Bauer replied they are not. He proposed Area B as a prototype for the reintroduction of prairie areas in the city. Motion by Weycker, seconded by Pederson to extend discussion of this item. Motion carried unanimously. Bauer discussed proposed plantings but was open to any recommendations. Casey stated efforts should be made to the restore the area to woodland native plants. Pederson agreed but stated the overall plan should not be ignored. Motion by Weycker, seconded by Botko to recommend approval of the plan with the intent of using as many native plants, because there are enough selections there, in Area A and as proposed in Area B. Motion carried unanimously. SUE CATHERS AND YOUTH GROUP CONCESSION SALES AT MOUND BAY PAR~ Sue Cather~ discussed concession sales at Mound Bay Park. They would like to try it again in 1998. She stated staffing was a problem and will be discussed. Weycker asked what the profits were. Cathers stated it was $25. Signage was discussed for next year. Casey suggested selling the food on the beach. FUTURE USE OF ISLAND PARK HAL~ Commissioners discussed repairs needed at Island Park Hall and the lack of parking. Other uses for the hall were suggested. Fackler noted the park vehicles are located at this site, salt is,at times, stored in the winter, and the impounded vehicles are located here as well. Weycker was concerned why the building can remain in its current condition. Casey asked if it is a high maintenance building. Fackler stated the heating system is not good, and it is only used for elections. He stated there is water damage inside the building. Weycker suggested the Building official take a look at the building and identify what needs to be done. Motion by Weycker, seconded by Meyer to recommend the Building official view the building and give the POSC an estimate of what needs to be done to bring the building up to par. Motion carried unanimously. Casey suggested residents be surveyed to suggest uses for the DRAFT-PO$CMinut~ ~11~7 building. Weycker suggested we hear what the Building Official finds out first. REPLY FROM JON SUTHERLAND, REFERENCING DEPOT REPAI~ Fackler discussed a memo frOm the Building Official regarding needed repairs and what will need to brought up to code and meet ADA requirements. Pederson asked if it could be recommended not to do the bathrooms. Fackler discussed proposed remodeling which could be done first. He stated he would review his proposal with the POSC before the work begins. PARK DEDICATION FEE This item will be discussed at the October meeting. ~ONG TERM GOALS Commissioners discussed how to become more effective at doing their job. Weycker discussed the job duties of the POSC. Commissioners discussed purchasing tax forfeiture parcels when they become available. Fackler discussed current procedures the city uses to make staff aware of forfeitures. He stated the City Clerk can prepare a memo which identifies the procedure for the POSC. Weycker discussed the effectiveness of the POSC. She suggested members visit other cities' meetings to see how their meetings are run. She also suggested they become members of a park organization. Casey suggested long term planning and visioning sessions. Commissioners discussed developing goals. Weycker suggested this be done between this meeting and the next for discussion at the October meeting. Fackler suggested the POSC look at the Comprehensive Plan and identify what needs to be done in the parks. Motion by Casey, seconded by Meyer to request the city planner to update the POSC on the Comprehensive Plan process and they can become more involved. Motion carried unanimously. Motion by Meyer, seconded by Casey to extend discussion of this item. Motion carried unanimously. Commissioners discussed attending other cities' Park Board meetings and assigned attendance to see what they are working on how often they meet, etc. ' OCTOBER POSC AGENDA Fackler discussed items on the October meeting agenda. 3 DRAFT- PO$C Minutes 9-11-97 Commissioners discussed having a worksession on goal setting. The meeting was scheduled for October 23 at 7:30 p.m. REPORTS Weycker discussed the Sorbo Park dedication. park activities. Fackler discussed ADJOURN Motion by We¥cker, seconded by Botko to adjourn the Park and Open Space commission Meeting at 9:40 p.m. Motion carried unanimously. 4 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. Motion carried 7-0. BOARD OF APPEALS' Chairman Michael stated procedures for the three public hearing cases. Mueller excused himself from the commission panel. #97-37: PUBLIC HEARING: MAJOR SUBDIVISION, 2240 COMMERCE BLVD, ME MUELLER, LOTS 40-41 INCLUSIVE, KOEHLER'S ADDITION TO MOUND, PID 13-117- 24-33 0073 & 13-117-24 33 0041. Assistant City Planner Loren Gordon reviewed the case. Mueller/Lansing Properties have request to combine lots 41 through 46 and a portion of 40 of "Koehler's Addition to Mound" and then split them into two parcels. The property is located at the corner of Lynwood and Commerce Blvd and is in the B-1 Central Business District. Planning Commission Minutes September 8, 1997 Staff recommendation: Staff recommends that the Planning Commission recommend approval of the subdivision as requested with the following conditions: o The western parcel remain in the ownership of the applicant until the building the eastern parcel is removed bye the County Road 1 5 project or by the undertaking of the owners. The western parcel remain undeveloped and used for parking as long as the building is standing. A parking and circulation easement be placed on the western parcel to ensure its function will remain. When the building is removed, the easement can be removed from the property. 4. An encroachment easement be placed over that portion of the building encroaching onto the western parcel. When the building is removed, the easement can be removed from the property. All required documentation be prepared by the applicant and reviewed by the City Attorney for approval. Commissioners Comments/Questions: Weiland questioned if the building would be taken down or just a portion of it if the County Road 1 5 realignment went through. Mueller stated that the building would be condemned and demolished if the project progressed. There was discussion on where the proposed new road access would be if the construction of County Road 15. There was also discussion on if a easement was needed. Hanus questioned the legality of item #1. Gordon explained that if the parcels were divided, the parcel would not be able to meet the zoning requirements for parking spaces. Chairman Michael opened the public hearing. Applicant to speak, Michael Mueller, 5910 Ridgewood Road, lived in Mound all of his life. Has been on the planning commission for 7 years. They want to be able to maintain ownership of their property in the downtown area. They want to combine the north 40 feet with the rest of parcel b then subdivide parcel a and b. In order to maintain ownership of their land, the applicants need to do something before they lose their ownership of the property. They feel that the redevelopment plan is inevitable Planning Commission Minutes September 8, 1997 and want to be a part of it. They don't know where the access road is going to be. They want to work with the city to make this project a successful one. Addressing item #1, applicant stated they would be willing to agree not to sell the two parcels to separate people. This could be done through a deed restriction. They feel they have good tenants and don't want to keep it that way. They expressed concerns with items 1, 2, 3, and 4. Item #1 could be dealt with by using the deed restriction. Item #2, 3, 4 deals with the not allowing building on parcel A as long as parcel b has a building on it. There would be a problem with that because there would be no place to put their tenants if the current building would be condemned and demolished. The business could not afford to be out of business that long. They would like to be able to build a building on parcel A so they have someplace to move if the existing building does get demolished. Item #2 could be left undeveloped until the County Road 15 project is decided and the access road is decided upon. Item #3 There are many business in Mound that don't have adequate parking. They feel it is unjust to require this building to have parking while other business in town don't. Item #4 They don't have a problem with an easement. On parcel A there would be a building encroachment. Reifschneider asked applicant why they wanted to do all of this before they know what is going to happen with the downtown development because it would mean that parcel a would have a variance on it. Applicant stated that if the property was condemned they could no longer subdivide their property and they want to maintain ownership. The applicant will be willing to work with different options of where an easement should go. Gordon stated that B-1 doesn't have a lot setback requirement. There would be no need for a variance at this time. Mueller explained what an encroachment easement was, Sutherland and Gordon commented an easement would be needed for building code compliance. Mueller stated that the property meets all the requirements except for the encroachment. Chairman Michael closed the public hearing. MOTION by Weiland, seconded by Voss to recommend staff recommendations as stated. Discussion' Hanus discussed the conditions listed and would like some other options. Planning Commission Minutes September 8, 1997 Discussion was made to what would happen to the current business during the transition period. Gordon stated its a tough issue on the transition of old business going along with the new business building going in. The planners intent was to maintain parking for the area businesses. There was concern that there would be a lag time where the current businesses would not have a place for their businesses. Burma suggested a rewording for item# 3. It should read, "A parking and circulation easement be placed on the western parcel to ensure its function will remain. When the rerouting of County Road 15 is determined indicating the removal of building on parcel B, the easement can be removed from the property." MOTION by Weiland, seconded by Voss to recommend staff recommendation with the exception of removing item #2, revision of item #3 to read, "A parking and circulation easement be placed on the western parcel to ensure its function will remain. When the rerouting of County Road 15 is determined indicating the removal of building on parcel B, the easement can be removed from the property." The motion carried 6-0. This case will go to City Council October 14, 1997. #97-40: SETBACK VARIANCE FOR DECK, 1733 GULL LANE, TOM KELLY, LOT 9, BLOCK 14, DREAMWOOD, PID 13-117-24 13 0016. Building Official Jon Sutherland reviewed the case. Tom Kelly has applied for a variance of 4 feet to the required 16 foot rear yard setback for a non conforming 10x15 foot deck on the west side of the existing dwelling. Staff Recommendation: Staff recommends the Planning Commission recommend approval of the variance request as it enhances the use and function of the property with minimal additional encroachment and with conditions as listed below results in some improvement to the conforming situation of the property. 1. The existing concrete landing, steps, and slab that is encroaching into the commons shall be removed prior to construction of the deck. 2. A new landing and stairs (landing up to a maximum of 32 square feet) may be constructed up to the property line as noted on the survey dated August 7, Planning Commission Minutes September 8, 1997 1997. No encroachment beyond the property line is permitted. Commissioner Questions: Hanus asked whether the stairway would come down toward Gull. Sutherland stated it would have a minimum 3 foot wide landing. Mueller questioned item//2. It should read, "A new landing and stairs (landing up to a maximum of 32 square feet) may be constructed up to the property line as noted on the survey dated August 7, 1997. No encroachment beyond the southerly property line is permitted." MOTION by Weiland, seconded by Burma, to recommend staff recommendation with the revision to item #2 to read, "A new landing and stairs (landing up to a maximum of 32 square feet) may be constructed up to the property line as noted on the survey dated August 7, 1997. No encroachment beyond the southerly property line is permitted." Discussion: Mueller questioned the fact the lot is undersized and overbuilt. Sutherland stated that he has spoken to the city attorney and that every case is unique and stands on its own merits. In addition we have had previous variance cases with a reduced setback to the Commons. Burma stated the encroachment on the commons would be eliminated and it would not be increasing the variances as before. Sutherland stated that the deck would not be any closer than 1.6' to the commons. Hanus stated that decks are a reasonable use of the property, and it is an improvement to existing conditions. The motion carried 7-2. Mueller and Weiland opposed. This case will go to City Council on September 23, 1997. Assistant City Planner Loren Gordon reviewed this case and also Case //97-43 in conjunction as they are related. Planning Commission Minutes September 8. 1997 #97-42: PUBLIC HEARING: CONDITIONAL USE PERMIT, 5201 PIPER ROAD, AL & ALMA'S SUPPER CLUB, LOTS 1-3, BLOCK 8, LOTS 20-23, BLOCK 9, WHIPPLE, PID 25-117-24 21 0156 #97-43: SETBACK VARIANCE FOR REMODELLING, 5201 PIPER ROAD, AL & ALMA'S SUPPER CLUB, LOTS 1-3, BLOCK 8, LOTS 20-23, BLOCK 9, WHIPPLE, PID 25-117- 24 21 0156 The Geyen's have a applied for a conditional use permit for an expansion of their restaurant. The restaurant is defined as a Class I (Traditional Restaurant) which is allowed in the B-3 district as a conditional use. An update to the previous conditional use permit is required because of the nature of the proposed improvements. The seating area size will not change. Staff Recommendation: Staff recommends the Commission recommend Council approval of the Conditional Use Permit with the following conditions: Deliveries continue to be handled on-site and not on the street. The vacant lot south of the building remain as undeveloped and parking not be allowed. Any landscaping removed with the improvements be replaced. All prior conditional use review decisions be upheld. The Geyen's have also applied for a variance to construct an addition to the existing restaurant. They are requesting the following: existing proposed required variance 1.7' 30' 28.3' 16.5' 30' 13.5' Front Yard - 0.35' into ROW Side Yard 20' (Tuxedo Blvd) Side Yard 40' 50' 10' Staff recommendations: Staff recommends that the Planning Commission recommend approval of the variance as requested. The building has existed in the neighborhood for a number of years with the current setbacks and will continue to function well into the future with the planned improvements. Requiring the building to meet the required setbacks would result in a practical difficu, lty. Planning Commission Minutes September 8, 1997 Commissioners Questions: Reifschneider questioned if the area above the restaurant would be adding more seating. Merritt Geyen said that there no extra seating for the proposed plan. It was just the new design. The Building Official referred the Commission to the cross section in the packet and confirmed there is no additional seating on the second floor. Hanus questioned if there were any restrictions to cover the issue of no seating going into that area. Sutherland stated that if the permit was approved, the Conditional Use Permit would be granted on the plans submitted. No changes could be made without an amended Conditional Use Permit. Mueller questioned the access doors on the lower level on Piper Road. Sid Levin, Lake Country Builders explained how the access doors would be positioned. They would not be on Piper Road, it would be between Piper Road and Tuxedo Blvd. The deliveries would remain the same as they are currently. They are done on the premises. Chair Michael open the floOr to the public. Ron DeVinney, 3214 Tuxedo BIvd, Understands that they want to improve their looks. He has a problem with parking issues. He feels the City needs to take a better look at the parking issues. On Drummond, traffic comes up and turns around in his driveway and many of the neighbors driveways too. Cars are constantly parking on the streets that are posted "No Parking" Bill Johnson, 5300 Piper Road, The restaurant is a positive in the community. He also feels that the traffic and parking is a significant load. Merritt Geyen, Owner of Al & Alma's stated that there are "no parking" signs posted on all the streets around the restaurant. Mueller stated Mr DeVinney has been there longer than the boat business started. There has been more traffic created since the boats have started. Voss stated that if there is a problem with the parking, the police department needs to be notified of the problem. Mark Berglund, 5138 Hanover Road, Expressed concern with the parking issues. At one time, there were 15 cars parked on the sidewalk and the police didn't do anything. The Conditional Use Permits are not being followed by the applicant. The public beach is overrun by the charter boat people. He stated that his children cannot play at the park because there are too many drunk people. Planning Commission Minutes September 8, 1997 Chair Michael questioned how many complaints have been made. Sutherland stated that the Planning department has received very few, but the Police department may have received complaints. Weiland questioned the ownership of the property just to the south. Merritt Geyen stated they purchased the property two years ago. Weiland questioned if Al & Alma's had adequate parking for their charter boat business and their regular business. Peter Jacobs, Lake Country Builders, stated he hardly heard any public complaints regarding the remodelling of the building. It seems to be that the parking situation is a city issue not Al & Alma's issue. Al & Alma's is not changing the use of the space nor will the seating space be changed. Loren Gordon stated that previous Conditional Use Permits will need to be reviewed for the parking issues. Chair Michael stated that the city and the Geyens need to work together on the parking issues. Sutherland stated that a Conditional Use Permit can have a condition to be reviewed in one year. Chair Michael stated that they are trying to negotiate a favorable solution for the Geyen's, the City, and the area residents. Hanus explained how if a condition was put on a Conditional Use Permit how it would be reviewed. Voss suggested if the business has grown, the Conditional Use Permit could be modified so that a security person could be added to help regulate parking. Reifschneider questioned why they could not turn the property to the south into a parking lot. Gordon stated that they were try to have a balance between green space and buildings and be sensitive to the residential neighborhood. The lot south of the restaurant is vacant and acts as a buffer zone between uses. This lot will remain vacant because it does not meet the lot area requirements. It could however be combined with another property or considered for a variance if it were to be built upon. Burma stated that even if the applicant is not putting an addition on the building, there is still the issue of parking space. Possibly the Geyen's need to add security. He suggested a meeting with the neighborhood and the Geyens to discuss the parking issues. Merritt Geyen stated they purchased Al & Alma's 15 years ago and parking spaces have been taken away since that time due to concerns of the neighbors. Now parking is not allowed on the streets. They do try to get people to come out to Al & Alma's Planning Commission Minutes September 8, 1997 in buses and try to eliminate or reduce traffic. They are not asking for anything more and have given up alot. They do not want a outdoor porch. Many of the area residents use the park. They have no intention of adding seating to the restaurant. Mark Berglund, stated the reason why the neighborhoods have gone to no parking streets is because of Al & Alma's Chair Michael closed public hearing. Discussion: Hanus recommended a traffic study of the area. Voss feels that the parking situation is a policing issue. Citizens should go to the police department. Chief Harrell should be aware of the concerns of the neighbors to Al & Alma's regarding parking. MOTION by Voss, seconded by Reifschneider to recommend approval of Staff's recommendation with a one year review of the Conditional Use Permit. The motion carried 6-0. Variance: Case #97-43 MOTION by Weiland, seconded by Voss to recommend Staff recommendation. The motion carried 6-0. Staff suggested these two cases go to City Council on October 14, 1997 and the applicant agreed. #97-44: PUBLIC HEARING: CONDITIONAL USE PERMIT, 2316 COMMERCE BLVD, LARSON PRINTING, LOT 4, SOUTH 29 3/10 FT OF LOT 4, MCNAUGHT'S ADD. TO MOUND, PID 13-117-24 33 0047 Assistant City Planner Loren Gordon reviewed this case. Larson Printing has submitted a request for a conditional use permit. The request is to relocate the printing and copying operations from their existing place of business, Jubilee Shopping Center on Shoreline Drive, to this new location on Commerce Blvd. The property is zoned B-1 which allows newspaper printing or publishing shops as conditional use. A minimum of 6 parking spaces would be provided which meets Zoning Code parking requirements. Planning £ornrn/s$ion Minutes September 8, 1997 Staff recommended the Planning Commission recommend I approval of the Conditional Use Permit with the following condition: Delivery trucks park along Auditors Road or in the parking area behind the building. Comments/Questions: Hanus questioned the accessibility for trucks to travel on Auditors Road after the construction has started. Gordon stated that could not be answered at this time. The situation would have to be evaluated as the construction process proceeds. Chair Michael opened the public hearing. There were no comments. Chair Michael closed open the public hearing. MOTION by Voss, seconded by Weiland to recommend staff recommendation. The motion carried 6-0. This case will go to City Council on October 14, 1997. #96-26: SPECIAL USE PERMIT: EXTENSION, 2610 COMMERCE BLVD, MEYER'S MOUND SERVICE, LOTS 1-3, & S 1/2 OF 47, 48, 49, BLOCK 9, PID 23-117-24 14 0043 & 0050 Assistant City Planner Loren Gordon reviewed the case. The previous Conditional Use Permit required a one year review and this case is brought to the commission for their comments.. Staff Recommendation: Staff recommends the previous conditions as stated in the resolution 96-26 be upheld and that all conditions be satisfied by December 1, 1997. Staff would also recommend Council discuss the parking issue in front of the building with the applicant. If the conditions are not satisfied by this time, the City could then proceed with appropriate legal action to remedy the situation. Overnight outdoor storage of vehicles on the site shall be limited to the area north of the structure. All vehicles stored on the site shall have current vehicle license tabs. The sale of vehicles on the property is prohibited. The outdoor storage lot on the north side of the building shall be improved consistent with City ordinance requirements. Said Improvement shall include Planning Commission Minutes September 8, 1997 but not be limited to bituminous surfacing and construction of required fencing. All trash and parts storage shall be screened. The applicant shall prepare and submit screening plan for review and approval by the Mound Building Official. Any future changes in signage for the business shall comply with the Mound Sign Ordinance. All vehicle repair activities shall occur inside the building. This conditional use permit shall be reviewed one year from the date of City Council approval at no cost to the applicant. Tax parcels 23-117-24 14 0043 and 23-117-24 14 0050 shall be required to be under one ownership and if either parcel is sold or transferred, this Conditional Use Permit shall immediately become null and void and the new owner or owners shall be required to reapply for a new Conditional Use Permit. Comments/Questions: Chair Michael questioned if the gas tanks were still in. Dick Meyer, owner, said the tanks were removed in June 1997 and he was having problems with getting a contractor to remove them. Discussion: Voss stated that he uncomfortable about the December 1, 1997 deadline. Dick Meyer stated he really wants to meet the December 1, 1997 deadline, the contractor has stated that the retaining wall will be put in along with the asphalt yet this fall. Sutherland discussed the situation of parking in front of building. Dick Meyer expressed concern with the parking issue. The current set up is not working for him. He's upset that he cannot park cars in front of his business in the evening. He went out and bought adjacent land for parking to help the situation. He can' t help that people drop their cars off in the middle of the night in front of the building. There was discussion of zoning code issues. MOTION by Weiland, seconded by Voss to affirm resolution 96-69. The motion carried 6-0. Planning Commission Minutes September 8, 1997 This will go to City Council September 23, 1997. Chair Michael asked for a extension of meeting to go over 11:00 pm deadline Voss motioned, Weiland seconded. #97-46: SETBACK VARIANCE FOR AN ADDITION, 6547 BARTLEI I BOULEVARD, MITCH KNUTSON, LOT 18, HALSTEAD HEIGHTS, PID 22-117-24 44 0037. Building Official Jon 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) 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 permit residence. Comments Reifschneider added to #1 under the recommendation that the gravel driveway to the small dwelling be removed. MOTION by Reifschneider, 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. MOTION by Weiland, seconded by Burma and carried unanimously to adjourn the meeting at 1 1:15 p.m. Chair, Geoff Michael Attest: MINUTES-ECONOMIC DEVELOPMENT COMMISSION-AUGUST 21, 1997 The meeting was called to order at 7:00 a.m. Members Present: Meisel, Longpre, Brewer and Pietrowski. Absent and excused: Jensen and Drahos. Also Present: Gino Businaro, Finance Director; Sharon Cook; and Ed Shukle, City Manager. Upon motion by Brewer, seconded by Pietrowski and carried unanimously, the minutes of the July 17, 1997 meeting were approved. Ed Shukle announced that Dave Willette is resigning from the EDC due to increase in workload of his business. Shukle i~dicated that the vacancy could be filled later this year when commission vacancies are advertised. Lost Lake Improvement Project Shukle reported on the status of this project. He indicated that the canal plans would be completed by the end of October and the greenway plans by the end of the year. Permits have been approved and will actually be received once the plans have been submitted and approved by the state. Shukle reported that the City Council was looking at a development agreement between Northern Hospitality, Inc., representing Country Suites by Carlson and the City. City Council action was anticipated for the August 26, 1997 meeting. This project pertains to the Lost Lake Inn that could be located on the Lost Lake site. Auditor's Road Improvement Project Shukle updated the EDC on its status. He explained that bids were being taken for demolition of three of the buildings and that demolition would take place in mid-September. ,Update on Westonka Community Center Shukle updated the EDC on its status. He indicated that the professional survey by Decision Resources, Inc. is underway and the results would be available by mid-September. The results of the survey would dictate whether a referendum would be held later this year on the renovation of the Community Center. Other Business The next meeting is scheduled for Thursday, September 18, 1997, 7 a.m., City Hall. Sharon Cook is scheduled to bring the rolls. Upon motion by Brewer, seconded by Longpre and carried unanimously, the meeting was adjourned at8 a.m. EDC Minutes August 21, 1997 Page 2 City Manager CITY OF MOUND BUDGET REVENUE REPORT August 1997 66.67% GENERAL FUND Taxes Business Licenses Non-Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Transfem from Other Funds Charges to Other Departments August 1997 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED 1,266,460 0 6,250 50 121,800 14,335 968,210 5,434 51,100 1,528 65,000 8,690 43,300 459 43,500 0 10,000 495 649,296 (617,164) 51.27% 4,042 (2,208) 64.67% 87,326 (34,474) 71.70% 529,880 (438,330) 54.73% 7,302 (43,798) 14.29% 77,999 12,999 120.00% 2,284 (41,016) 5.27% 0 (43,500) 0.00% .8,115 H,885) 81.15% TOTAL REVENUE 30.991 ~ (1.209.376) 53.05% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND 336,020 108,320 1,525,000 430,000 88O,OO0 4,100 73,800 14,914 258,750 (77,270) 77.00% ' 20,723 92,569 (15,751) 85.46% 154,124 1,004,401 (520,599) 65.86% 44,802 280,577 (149,423) 65.25% 79,601 620,716 (259,284) 70.54% 350 1,795 (2,305) 43.78% 113 70,069 (3,731) 94.94% 09112~97 rev97 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT August 1997 August 1997 YTD BUDGET EXPENSE EXPENSE VARIANCE 66.67% PERCENT EXPENDED GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Summer Recreation Contingencies Transfers GENERALFUNDTOTAL 69,370 4,000 8OO 193,470 2,100 59,480 168,960 23,550 114,460 924,350 4,100 172.870 405 270 82 84O 148,550 36.200 20.000 161 ~90 2,591,76Q 1,961 53,684 0 4,000 0 325 13,849 126,253 19 1,857 60,841 61,218 11,640 107,606 707 13,194 8,733 60,878 67,189 573,316 479 1,361 16,152 112,931 30,009 278,158 6,451 47,738 15,339 98,818 0 0 863 20,165 12,869. 102,953 247,101. 1,664,455 15,686 0 475 67,217 243 (1,738) 61,354 10,356 53,582 351,034 2,739 59,939 127,112 35,102 49,732 36,200 (16S) 58,437 927 305 77.39% 100.00% 40.63% 65.26% 88.43% 102.92% 63.69% 56.03% 53.19% 62.O2% 33.20% 65.33% 68.64% 57.63% 66.52% 0.00% 100.83% 63.79% 64.22% Area Fire Service Fund Recycling Fund Liquor Fund Water Fund Sewer Fund Cemetery Fund Docks Fund 336,020 16,392 183,456 152,564 54.60% 118,950 8,657 95,710 23,240 80.46% 211,920 14,658 142,887 69,033 67.42% 351,460 34,270 227,676 123,784 64.78% 903,140 93,435 759,252 143,888 84.07% 8,100 813 6,450 1,650 79.63% 68,440 3,216 31,062 37,378 45.39% EXP~97 ...... 09/12/97 G.B. Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 Emaii' admin@minnehahacreek.org Web Site: www.minnehahacreek.org Board of Managers: .... ,1 E. Thomas President C. Woodrow Love Vice President Pamela G. Blixt Treasurer Monica Gross Secretary Thomas W. LaBounty Thomas Maple, Jr. Malcolm Reid District Office: Minnehaha Creek ershed District Improving Qualitf of Water, Quality of Life RECEJVED SEP ? 8 1997 DATE: TO: FROM: RE: MEMORANDUM September 16, 1997 Stormwater Task Force Diane Lynch, District Administrator Next meeting Our next meeting is scheduled for Tuesday, September 23 from 3:30-_ .5.:QD..p..m. at our headquarters, located at the C'r~v Freshwater C:.~qtF,£, located at 2500 Shadywood Road in Navarre (MA~ ATTACHED). I have included an agenda and meeting summary as well. Please let me know if you are unable to attend by calling me at 471-0590. Thank you! Diane P. Lynch District Administrator Printed on r~c~Cl~d paper conta n no AGENDA Stormwater Task Force Tuesday, September 23, 1997 MCWD 3:30-5:00 p.m. Introductions Continue policy discussion · Water quality goals · Water quality standards for differing community needs Next meeting 3'153 MEETING NOTES STORMWATER TASK FORCF September 2, 1997 (DRAFT) Goals 2. 3. 4. Non-degradation Flexibility Recognize ability/inability of water body to improve Allow orderly redevelopment Flexibility 2. 3. 4. 5. Depends upon size Depends upon residential or commercial development New development areas versus urban and redevelopment Should be looked at case-by-case Criteria for flexibility: checklist and sequencing would demonstrate commitment Petition projects Performance-based System The system should be practical, understandable and legitimate. The Solution should be predictable, effective, reliable and easily evaluated. The system could include: wetlands lakes, streams, classification, rate versus quality options. Criteria for the upper watershed could be more stringent; lower watershed could be more flexible. Main goal is to protect Lake Minnetonka. Parameters · · · · · · Development versus redevelopment Defensible criteria Size (de minimus and $ commitment) Type of project (i.e., streets, bridges, etc.) Water body standards versus NURP Standards Standards related to whether the water is going in or out of the water body JIM RAMSTAD THIRD DISTRICT, MINNESOTA WAYS AND MEANS COMMITTEE TRADE SUBCOMMITTEE OVERSIGHT SUBCOMMITTEE September 12, 1997 tniteh tates epreSentatibeS 20515-2303 KI:L i J YE J WASHINGTON OFF&: 103 CANNON HOUSE OFFIC~ BUILDING WASaWGTON. DC 20515 (202) 225-2871 DISTRICT OFFICE: 8120 PENN AVENUE SOUTH, #15' BLOOMINGTON, MN 55431 (812) 881-4600 Edward J. Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364-1687 Dear Ed: As a community leader, I wanted to let you know I will be holding a series of town meetings in the Third Congressional District this fall. I would like to personally invite you to join me at any of these town meetings to express your concerns and ideas. Enclosed you will find a list of the town meetings. As you will notice, one of the town meetings is in your area. If your schedule permits, I sincerely hope you'll attend and let me know about your questions or concerns. Please keep in touch. ~fSTAD ember o Congress JR:sh 3~3~ PRINTED ON RECYCLED PAPER NEWS FROM Minnesota's 3rd District 1997 Fall Town Meetings Monday, September 22 Mound City Hall Council Chambers 5341 Maywood Road 7:00-8:00 p.m. Monday, October 13 Minnetonka City Hall Community Room 14600 Minnetonka Blvd. 7:00-8:00 p.m. Monday, October 20 Savage 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 Information: Call 881-4600 State of Minnesota Board of Government Innovation and Cooperation Third Floor Centennial Building · E_G_~ Cedar Street · Saint Paul, Minnesota 55155 · 612/282-2390 · Fax 612/296-$698 September 10, 1997 TO: All Elected and Senior Appointed Local Officials FROM: Senators Edward Oliver and Gen Olson Representatives Ron Abrams, Steve Smith and Barb Sykora RE: Regional Forum For All Local Officials; Monday, September 29th, City of Shorewood As state legislators, we recognize your responsibilities have become increasingly difficult in recent years. While strong public sentiment has precluded state and local officials from approving general increases, the demand for high quality public services continues to grow. In an effort to discuss tax opportunities for addressing the fiscal challenges we face, we would like to invite you and your colleagues to a public forum on Monday evening, September 29th. The public forum will be held from 7:00 p.m. to 9:00 p.m. in the South Shore Senior Community Center in Shorewood. The Community Center is located on 5735 Country Club Road in Shorewood. (The Center is located in the Shorewood City Hall complex.) The purpose of our regional forum is to unite all elected and senior administrative officials from our ' .sc~he°,.,°~l;d,,~,~f~c,c,~s,~di_s_c.u_s,s our common g.oals. A portion of the ublic fo ~-r tleo ,~. ,,~Lc-~;uvc, mnen[m coooerati ~n. ,,,,,,,~. .... ,_ p . rum will efficiency of our public services. We will discuss grants that are available through the Board of , on ....,-,,*aoulauon as a means of tmproving the Government Innovation and Cooperation to help fund pilot projects that may serve as models for more efficient and effective public services. This forum will also give local officials an opportunity to let us know what the state can do to assist you in your effort to improve the quality and efficiency of the services you deliver. The public forum will be facilitated by Jim Gelbmann, Executive Director of the Board of Government hmovation ~nd r-~,,,~,.-,.., . ,..uu~,,.,aao,. This ,ate Bo.,rd was created oy the i993 Legislature to promote intergovernmental cooperation and innovation in the delivery of public services. Jim will be on hand to inform local officials about the various programs of the Board - programs that can be used by local officials to help improve the effectiveness and efficiency of the services they deliver. The programs of the Board of Government Innovation and Cooperation are designed to empower local officials to develop more efficient and effective ways to achieve desired public policy outcomes. For example, the Board has a relatively simple process for waiving state administrative rules and procedural laws that may impair the ability of local officials to administer their programs in the most effective and efficient manner possible. Jim will share with us the results of several of the projects the Board has sponsored in other areas of the state. If you have questions about the forum, please feel free to contact Jim at (612) 282-2390. We have enclosed an agenda for your review. Please extend this invitation to all elected and senior administrative officials from your jurisdiction. We' look forward to seeing you on September 29th. enclosures Promoting Effective and Efficient Delivery of Public Services State of Minnesota Board of Government Innovation and Cooperation Third Floor Centennial Building · 658 Cedar Street * Saint Paul, Minnesota 55155 $ 6121282-2390 * Fax 612/296-3698 7:00 P.M. 7:10 P.M. 7:15 P.M. 7:35 P.M. 8:10 P.M. 8:25 P.M. 8:50 P.M. LOCAL GOVERNMENT OFFICIALS' REGIONAL FORUM South Shore Senior Community Center 5735 Country Club Road Shorewood, Minnesota Monday, September 29, 1997 7:00 p.m. to 9:00 p.m. Introduction By Legislators Overview Of The Evening's Activities - Jim Gelbmann The Board of Government Innovation and Cooperation: A Resource For Local Officials Identification and Discussion Of Several Pilot Projects and Waivers Description of Current Grant Program - Application Process Panel Discussion Of Local Officials - One representative of each of the following levels of government: County, City, and School Districts. (Representatives of the Metropolitan Council will also be invited to participate in the panel discussion.) "What is the current status of intergovernmental cooperation and innovation within the region?" Issues to be addressed by the panel may include: Are there any intergovernmental forums for discussing expanded opportunities for intergovernmental cooperation and innovation? Identify specific intergovernmental initiatives that are currently in progress. What other activities have been tried? Have there been any notable successes? Have there been any initiatives that did not meet expectations? How do citizens react to intergovernmental cooperation and other innovative initiatives? Is there interest in pt:rsuing consolidations of one or more Ioca! governments w~-th;.n ~.e re,on? What are some of the barriers to intergovernmental cooperation and innovation? How can those barriers be eliminated or minimized? Can you identify specific opportunities for future intergovernmental cooperation and innovation relative to the delivery of local government services? Are there examples of duplication of effort that results in inefficient or ineffective local government service delivery? Break What role can the State play in assisting local officials? Participants will be asked to identify and discuss state policies that may impair the ability of local officials to effectively and efficiently deliver essential public services. Where do we go from here? How do'we assure that there will be follow up to the day's discussions. Promoting Effective and Efficient Delivery of Public Services 3'.1 ¥~ September 19, 1997 The Tom Company 8111 Lyndale Avenue South. Bloomington, Minnesota 55420-1196 · 612/888-8801 · FAX 612/887-8258 Honorable Mayor Robert Polston City of Mound 5341 Maywood Road Mound, MN 55364 RECEIVED SEP 1 § lgg7 Dear Mayor Polston; Thc following notice is provided you in accordance with the Worker Adjustment and Retraining Notification (WAP~N) Act. The Toro Company, after careful review, regrets to announce that it will permanently cease all operations at its Mound manufacturing facility located at 5330 Shoreline Blvd., Mound, MN, 55364. Permanent separations are expected to be effected in accordance with the following schedule: Co The initial separations will occur on November 21, 1997. It is anticipated that there will be a phased shutdown with several separations occurring after November 21, 1997. It is our intent to finalize our production schedule and staffing requirements within the next two weeks and make available to you a detailed schedule of separations. We anticipate that production will continue at some level through February 13, 1998 with final separations occurring on February 13, 1998 or within 14 days thereafter. Bumping rights do not apply. All affected employees were provided notice today, September 19, 1997. Any questions in regard to this matter should be referred to Karen Anderson, Human Resources Manager in Mound at 491-6805 or directly to me at 887-8102. Sincerely, THE TORO COMPANY Director, Human Resources and Employee Relations