Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
1978-01-31 CC Agenda Packet
CITY of MOUND Mound, Minnesota AGENDA Mound City Council January 31, 1978 7:30 P.M. City Hall 1. Public Hearing - Proposed Amendment Adding Section 23.065 Providing for "Planned Development Area" Within Certain Residential Use Districts CM 78 -25 2. Tuxedo Easement Pg. 318 CM 78 -26 3. Lots 1 & 2, Block 14, Arden Pg. 317 4. Information Memorandums & Committee Reports Pg. 292 -316 5. John Derus, Chairman, Board of Hennepin County Commissioners -3/7 --a). January 24, 1978 TO: Lake Minnetonka Conservation District From: City of Mound RE: Proposed Lake Minnetonka Conservation District Dock Use Ordinance We have reviewed draft number twelve, January 10, 1978, of a proposed ordinance relating to docks, dock use areas, boat storage density and storage of watercraft on the lake, and amending LMCD Code, Chapter III. It is our sincere belief that in the drafting of this proposed ordinance, consideration has not been given to the situation existing in the City of Mound and of practices which have been followed in this municipality for more than 25 years. In reading the proposed ordinance we are unable to determine whether our commons which abut property in a residential district are to be categorized as residential or non - residential authorized clock use areas. They are not residential in that residential structures are separated from the shoreline by public controlled lands. If under 7 c) of the proposal we are a "municipal authorized dock use areal, we issue permits which we suppose could be categorized as being for rent or hire. Assuming that we fall under that category, we then have to look to subdivisions 14 and 15 for the establishment of additional regulations. In subdivision a) of both sections it indicates that the facilities must be installed, owned and operated by a municipality, and of course that is not the case in the City of Mound in that the individual permit holders construct their own dock under our regulations and subject to the inspection of our dock inspector. Under subdivision 15 b), it indicates that the dock can be for the sole use of the occupants of the residence which fronts on the abutting lakeshore, and in c) a single dock is allowed for each single family dwelling. It is unclear to us if this is meant to be restrictive and limit the issuance of dock permits on commons. to people who live in residential structures abutting on the commons. If this is true, we then believe that the ordinance does not satisfy the purposes which you have set forth in Section 3.011 subdivision 2 wherein you indicate that the purpose of the regu- lation is in part to "insure the most general public use of the lake ". It appears that a literal reading of the proposed ordin- ance would be restrictive to the general public and is designed i r � • to protect the person who lives on the lake and to take away the rights of the people who live inland. We sincerely believe that the ordinance in its present form is unworkable, unclear and discrir::i.natory toward the general public. We respectfully request that you not adopt the ordinance as pro- posed and that it be rewritten to protect the rights of the many residents around Lake Minnetonka who do not own property directly on the shoreline, but who have a right to the use of the lake and a right to locate a dock in areas properly designated by the municipality. This letter is written at the direction of the City Council and we hope that this matter can be deferred, or at the very least, clarified. Oi M ON LAKE MINNETONKA INDIAN BURIAL MOUNDS 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 A-, (612) 472 -1155 i January 24, 1978 TO: Mr. Kop FROM: Park Fo eman SUBJECT: Council Memorandum 78 -16 B, Review of dock location map. Attached you will ind the Park Commission recommendations which require a change in the dock' location map' 1. August 4,!I1977 approved a petition that no docks be allowed at Avalon Park when it is aquired. At present there are two docks permited on a easement. 2. November 17, 1977 because of congestion and complaints reduce the number of docks at Arbor Lane from 4 to 3 3. November 17, 1977 reconfirm en earlier resolution stating that no stairways be allowed on the scenic walkway ?t Woodlend Point. (Bluebird Lane north) Either I or the Dock Inspector will ?ttend the Council meeting to answer any questions. Respectfully, Chris Bollis Park Foreman CB /jcn enc. M Nova-abar 17 1977 PR SEMT: Chair -ate Hal Laraon, Cathy Bailey, Ed Hawk, Jon Lynott, Toni Case., Pat Shay, COWICi 1 110'0, Bon €pithha- rt, City Plgr.. Leonard Kopp, City P °nner Don Levana, Park & Trey aoord. Chris Balliz, Dock Inap. Dora Rothar, Sec. Kuz -ene Uhe Audience: Craig Y9illiamsoa2 -233 redo Blvd. it, r IN TTTES day moves! and Ly nott seconded to " :29ro7a the mina -;D3 Of thO 10/20%7 7 and 11103 mastings as presontod. Vot4 was unitaimouz. ter aiscusslon on several aroaa wi lh 0:)d�ti4x dockaj, the follo-.f m©li ons were uamouai va tai nr *Larson moved and Bailey seccnd�qd to :i�educo tha nvtaer of dock si:as at the Arbor Lana a�ccosa from four to th, czar as the current survey, shams losa actual lakezhora than Pr ouslrY -thouzb. _/` . **Bailey monad and Hawk ecQndad to rocomm4nd that the City staff i;:- vastigato the clock spacing arcs from Cull to Rinch Lane and report at na --t ,yaarla dock location map rovie-�r, ** (Case novtd c: to remove from the table tam d-isc=sion of the Bluebird larson zo7,24 anu Shay aecond *d that no at airways be allowed on the WoodlaAd P6!nt for acceas to docItz, iai- ey Submitted 9 RcreatIOA Mitt .tteato Roport to the Commission fox di.scusaton.. An addition to the report eras made to have two separated kat�..n ; ar�aa Ty.�ona Parlk one for recreational skating and the other a or hockayr brooz± ballp etc. gamma. z 15 Funda -- :ej a ► �: _ pra Tented a plar- to t - Ansfor Tunda this year from Bike Hike to use for houaiag nogda. 4 *Ball -oy no"- d to reco = *nd that the eras Co . give �.p the 312,COO from ymar 2 of Yin moaiaa that waa appropriated for Bik* Bi.k* and mora it into Re-h..apidxkatson Lynott sacorded and vote waa unasaimoua. * ->Lynott mcY;�d that the Co . u2t tho ntating date for the public heariag on HUD funds a year 4., on Dac "bar 15, 19 "f ¢ and into the Plannir Covm. to attend. Raa .ik s000ndw1 and vote vao unanbsouo, . - 1Q a��r ttbt d �iopment - L � gin is 4t1 inert rx=t oth ;- surrounding co=muni -.159 regarding sirs.' ar unit do olor=nts. it �iaa ro-,00 that Nr. . T,: anquia3t taay feat hi ha:; provztdad or =35gh opan spa,7.A by the Iight donstt,7 of thQ co.„;n,,,sity. 1N .r uc ,ItSt, It., 2.97- - i Ch� �rnart .-A La_. surs y Tond ;.a3e., Dala • hxezio�•cr, Jon ..,� �zo•u 4; Pat Shay., Co-i ci"I Rep. Text llithi-an't, City ky,,r. leo —,un-r Kopp,, City Planner Don � ' � 3t �1C?tSOtF . %f Mr.. C;33" T I , 11=nj2 . T:r.is meeiting was devotes to the► tblar-i ng of :per -►'r .t sr.?-_ rle. x,, The mo tiona were :^.3 aJ prior to the bag- ?,:i+X .d2 -.nom of ' he 'V-ou. 's �: -f,rT,i :reco-maerdl that tote Woodcre *t Park: devrelgpt�r be el:iow•_�a'. to Pu i ug signs meeting :writh Park Coon. upsc mica 3 ins at Y?'rtvdcr esr Park. OP -0 sign: would point towards park lVrom :hry. 110 aml anot'sier Wou?w be Ln 'the parl.ia jP— v13.CI. as J appro7edo ac egr a Petition prwse -ated by 'T. "Gaze -to b� Wised can }..o Cmulcil stria Lng that Avalon Park should be kmat as a neighborhood str_mdng fi.s�!t- ,;. area, idth n;o dooldn .. tTn u- mull ► I • 0 n �. ,T T T Outline Chronology Overlay of total area a). survey b) . exis tin,7 -^ la.tin- c). residential structures d). city Property bound -pries Corrpliance with ?,'_ultirle - :aellint Ordiance a) . old vs. new Discussion of Site Plan and including: a). 7radina b). drainage 0. . elevations d). errosion control e) . utilities ( all) L. lift station f). transportation (access etc) Envirnontental Review (worl:shee>t) a) . permits 35 2489.14 Per � OL Now 182. y ✓ l - !10 3 }o_ /40 100 /00 143 : lr Corr. angles dfe o l I the lines - est by 7dr. ! �: p05. and div. line bwa. !!!! `Gov't Lots 'and 3 r r ; TDrr. No. 2998. I o'bd o L �r ' LOT I ` • 11 Ib � , - e�� J 46 OP- 34 E 's --. L& ��ty i iw, Imo. .�� r,�d t%�1 S it • /•!c M o Y w V CNANN QAO !45 `•� 13^!Cf Flo j0 K N ` Sh b P NO I ss x ol� l2 f,lfd 40+44 40 40 � 40 10 .ID t0 F� ~ 2 J o E, '^ J SO t 2 40 22 23 f7 ie' 20l 2 i 14 1+ 0 'J' 3 l' soh 7 l fti 7 •-. LAKEW l . 024 ►- l0).6 50 r ` v 22 Z3�N I o'` / 'IV �fo S" n 28 1 l 24, 2627 �o +Y�t .129 30 / Ilk V' O -_�` ��--• -��` _�- _ ter•. E,r--AL�4 W GOOD APAK -rKA ENT PRO.! V=LL-T MOLIWD, m1wWP -SoTA • • 5. The density in the plan shall not exceed the maximum for the zoning district. Any one (1) lot within the use district shall not be reduced to less than 2/3's of the required lot area or front footage for the residential district within which the P.D.A. is to be completed without a specific finding by the City that reduction of lot size to less than provided herein shall not adversely affect the public health, safety and welfare. 7. The land which is to be set aside as open space shall be clearly indicated on the plan. Provisions for recreational area and for continual maintenance of that area not dedicated and accepted by the City shall be required. This recreational area may be accepted by the City in lieu of park dedication upon a determination by the City that such recreational facilities shall be adequate for the P.D.A. to be served. IIE! MISIDE DEVILMOPF.S 2 -- 29 Units Lost Lake - T1ound, Flinn. 34 one bedroom units 24 two bedroom units 58 gara.gcs 58 open stalls 29 fature stalls Total Lard - 10 acres Buildable Area above 930,3 is 3.75 acres Dwellings require ,fib acres or 10% of buildable land Parking, garzgos, and di°ive7ays require 1.4 acres or 38-1 of buildable land Landscaped and sodded area require 1,95 acres or 521 of buildable land Open water and irUd lifo area 6.25 acres • 0 COUNCIL MEMORANDUM NO. - Page 2 SUBJECT: Planning Commission Recommendations Because of the topography, the Planning Commission recommended the garage be built in front of the house requiring the front yard set- back to be not less than 20 feet. The Administration concurs. Planned Area Development Ordinance (Copy attached) The Planning Commission went over the proposed ordinance. The fol- lowing was recommended: In 23.065 Paragraph b Subsection 5, add at the end: "Without a specific finding by the City that a reduction of lot size provided herein shall not adversely effect the Health, Safety and Welfare ". Under Paragraph b Subsection 7, no action was taken on the Park Com- mission's recommendation which appears below: "The following motion was made, unanimously amended and approved to read as follows: Jackson moved to recommend that the PDA ordinance include a state- ment as to the portion of land to be dedicated to the City or a cash payment based on the assessed market value of the parcels of 10% of the market value of the parcels or $200 per unit, whichever is greater." Also attached is a report showing what other nearby cities request for paid dedication. There must be a public hearing to change the zoning ordinance. The hearing could be held on either January 31st or February 7th. At this point, only one item is on the January 31st Agenda which probably will take an hour. \,.' eonard L. Kopp ORDINANCE • AN ORDINANCE ADDING SECTION 23.065 TO THE CITY CODE PROVIDING FOR A "PLANNED DEVELOPMENT AREA" WITHIN CERTAIN RESIDENTIAL USE DISTRICTS The City of Mound ordains: Section 23.065 is hereby added to the City Code and shall read as follows: 23.065 Planned Development Area a. Purpose. The purpose of this section of the zoning code is to provide a method by which parcels of land in the Residential Use District A -1 (Sec. 23.011) , Residential Use District A -2 (Sec. 23.012), Residential Use District B (Sec. 23.05), and Residential Townhouse Use District (Sec. 23.055), having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires more unique and controlled platting techniques to protect and promote the quality of life in the City. b. Standards and Regulations for Planned Development Area. The owner or owners of any tract or tracts of land in the afore - described residential districts may submit to the City Council for approval, a plan for the use and development of such a tract of land as a P.D.A. by making application for a Special Use Permit authorizing completion of the project according to the plan. The plan for the proposed project shall conform to the requirements of the use district within which the land is located except as herein- after modified. 1. The tract of land for which a proj ct s roposed and a permit requested shall not be less than acres. 2. The application for a Special Use Permit shall state precisely the reasons for requesting the consideration of the property for P.D.A. 3. The application for the Special Use Permit shall include a detailed preliminary plan, and shall be submitted in complete conformance with the City subdivision regulations or with all variances detailed and explained. Variances to the requirements of the subdivision ordinance may be approved by the City Council upon a showing that the public health • • safety and welfare will not be adversely affected and further that the development plan will not have an adverse effect on adjacent properties. All variances must be so noted on the preliminary plan at the time of application. 4. The number of dwelling units proposed for the entire site shall not exceed the total number permitted under the density control provision for-the use district within which' the land is located. 5. The density in the plan shall not exceed the maximu_*n for the zoning district. Any one (1) lot within the use district shall not be reduced to.less than 2/3's or the (required lot area or front) footage for the residential district within which the P.D.A. is to be completed. 6. All housing types included as permitted uses in the aforedescribed districts may be included in the P.D.A. Each lot as shown on the plan shall have indicated on it the maxi- mum number of dwelling unitsto be permitted within a single building. 7. The land which is to be set aside as open space shall be clearly indicated on the plan. Provisions for recreational area and for continual maintenance of that area not dedicated and accepted by the City shall be required. 8. The concept of cluster platting or zero lot Line development will be reflected by the P.D.A. and must be shown on the plan and subject to all conditions imposed by the Special Use Permit. 9. No conveyance of property within the P.D.A. shall take place until the property is platted in conformance with the City subdivision regulations and M.S.A. 462.358 or unless specifically waived by the Special Use Permit. All bylaws, Home Owner's Association Articles of Incorporation, and Protective Covenants must be approved by the City Attorney and filed with the record plat. 10. Approval of a P.D.A. Special Use Permit shall be by the City Council after recommendation by the City Plannin __�, Commission and all improvements required by Section 2W of the City Code shall be constructed by the developer at its sole cost. The applicant must provide the City with a surety bond or other financial guarantee to guarantee the construction of all improvements required in accordance with City specifications. 11. The land utilized by public utilities, such as easements for major facilities, such as electrical trans- mission lines, sewer lines and water mains, where such land is not available to the owner or developer for development because of such elements, shall not be considered as part of the gross acreage in computing the maximum number of lots or density that may be created under the procedure described in this ordinance. 12. The maximum number-of lots that may be approved shall be computed by subtracting, from the total gross acreage available for development under this Planned Development Area procedure, the actual amount of street right -of -way required and that land in (11) which is not available, and by dividing the remaining area by the minimum lot area requirements of the existing "R" district or districts in which the development is to be located. 13. After approval of the Special Use Permit the applicant, owner or developer, before commencing any work or obtaining any building permits shall make a minimum cash deposit of $100 per acre or any portion of an acre thereof. The council shall establish the amountzequired for deposit at the time the P.D.A. is approved and this deposit shall be held in a special Developer's Escrow Account and shall be credited to the said applicant, owner or developer. Engineering and legal expenses incurred by the City of Mound in plan approval, office and field checking, checking and setting grade and drainage requirements, general supervisions, staking, inspection, drafting as -built drawings and all other engineering services performed .in the processing of said development, and all ad- ministrative and legal expenses in examining title to the property and in reviewing all documents described in paragraph 9 for the land being developed shall be charged to the afore- mentioned account and shall be credited to the City of Mound for the-payment of these expenses. If at any time it appears that a delf ici t will occur in any Developer's Escrow Account as deter6ined by the City Engineer and /or the City Attorney, said officials shall recommend to the Council that an additional deposit is required and the Council may require that the applicant, owner or developer shall deposit additional funds in the Developer's Escrow Account. The City Engineer and City Attorney shall itemize all services and materials billed to any Developer's Escrow Account. The applicant, owner or developer making the deposit(s) in the Developer's Escrow Account shall be furnished a copy of said itemized charges and any balance remaining in the account upon completing the project shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid. :dayor Attest; City Clerk Approved by City Council Published in Official Newspaper )'j CITY OF MOUND Mound, Minnesota January 30, 1978 INFORMATION MEMORANDUM NO. 78 -7 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Discussion Meeting - 6:30 Tuesday, January 31, 1978 The Mayor has requested that a discussion meeting be held at 6:30 P.M. Tuesday, January 31st. This will be a discussion meeting only from 6:30 P.M. to 7:30 P.M. 'Leonard L. Kopp 3z3 CITY OF MOUND Mound, Minnesota January 30, 1978 INFORMATION MEMORANDUM NO. 78 -8 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Seton Channel The County plans on doing work to reinforce the Seton Channel. The County letter says on the Orono side; but they really mean Mound. The work to be done is along the part shown in yellow on the attached map. This work is badly needed and, unless there is an objection from the Council, we shall sign this permit. Ear-cieL" . Ko Pi3w 322, 0 0 DEPARTMENT OF ENVIRONMENT AND ENERGY 320 Washington Av. South HENNEPIN Hopkins, Minnesota 55343 LFU 935 -3381 25 January 1978 Mr. Leonard L. Kopp, Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Kopp: Hennepin County is in the process of applying for permits to do their 1978 lake improvement maintenance work for Lake Minnetonka. The County is intending to do maintenance work on the Seton Channel seawall in the City of Orono. The work involved at this site will be the restoration of the seawall. As part of the permit process for the Minnesota Department of Natural Resources, the County is to submit copies of the application to the City of Mound. If you have any questions, please contact us. Sincerely, Edward Monteleone, Engineer Principal Environmentalist EM /lp cc: A. J. Lee L. D. Nelson Enclosure HENNEPIN COUNTY an equal opportunity employer .321 0 rcr v 'NNIW c kiNnOO Nld3NN3H 8OA3A8ns.XiNnoo -NVW338J I .-H3AIV N'4"1 to IIZ:7 77 99VON'91-U04 ,6u!pjoo3u Xuvq pods -4old pjo3a ,iB 4!un 01-PAOOOD OUIq 010ti S IN AalJILlS'?'G I *s)jlq jo,6U0110-au PUS'11401 10 PDd, �b CD Al C:) 11b 4� 011. 'A a; - ,a \W 005,/ rr CIA\ Ol 0 61 —W—A Oz 91 12 9 elf 0; 1 J d oj,�ej 'Ll o ,�ej A-19 rZ iyl vaj 9z trL, %, Z-ZC)6.,- 0Z to t *oq QZ 0708 NdjH 8ON of itrzzz, 0 b loss JS I 19 Fq;'I zIjc Ln es C3 as 0) 6t, Gtp Gv— oq Z 12 02 62! a? L2 6-r 51 rLwgbPt! 9 0 LAKE MINNETONKA CONSERVATION DISTRICT ^ NA NOTICE and AGENDA t- L Special Meeting, 8:00 p.m., Thursday, February 2, 1978 ' Tonka Bay-City Hall - 4901 Manitou Road, Tonka Bay 1. Call to Order 2. Roll Call 3. Boulder Bridge (to consider the matter tabled at the January 25, 1978 regular Board meeting relating to further consideration of the number of boat slips at__ the proposed Boulder Bridge development) 4. Other 5. Adjournment 1 -27 -78 yl�A • CITY OF MOUND Mound, Minnesota January 26, 1978 COUNCIL MEMORANDUM NO. 78 -25 11 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Tuxedo Easement The owner of Lots 1 and 2 and East 1/2 of 3, Block 18, Devon, has agreed to an easement. The area involved is a 350 square foot permanent easement and he will accept $175.00 for the easement. This easement is recommended. �_onard L. Kopp cc: Ray Klanderud McCombs- Knutson Curtis Pearson 3l4F r� l CITY OF MOUND Mound, Minnesota January 27, 1978 COUNCIL MEMORANDUM NO. 78 -26 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Lots 1 & 2, Block 14, Arden The subject property is at the corner of Donald Drive and Brighton Boulevard. The Council has asked that we check into the possibility of purchasing this property for street purposes. We checked with owner, Mr. Wayne Dolge, and he indicated he wanted $22,000 for the property. The Council suggested we have an appraisal made. We had John Janski, a professional appraiser, appraise the prop- erty and he has indicated that a fair value for the property would be $15,000. Hopefully Mr. Janski's report will be available for the Janu- ary 31st Council. Meeting. We have discussed the appraisal results with Mr. Dolge and he still feels the property should bring over $20,000. After some discussion, he indicated that he would sell the property to the City for $20,000. Inasmuch as Mr. Dolge is interested in a decision from the Council, Mr. Dolge's request for $20,000 is herewith forwarded. The $20,000 is 330 over the appraised value and seems high for this property. Maybe the Council would like to make a counter offer-- - something more than $15,000, but less than $20,000. Leon rd L. Kopp 317 CITY OF MOUND Mound, Minnesota January 24, 1978 INFORMATION MEMORANDUM NO. 78 -5 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Public Health Nursing The City joined with the Joint Powers Public Health Nursing and, as such, a certain level of service will be furnished the City. The Joint Powers group is contracting with Surburban Public Health Nursing Service for those cities wishing to use the Suburban Health Nursing Service- -which Mound is doing. However in order to receive the same level of service as we received in previous years, Mound will have to pay SPHNS 354 per capita above the stipend being fur- nished by the Joint Powers group. See information attached. �� l G L onard L. Kopp h& 3` January 4, 1978 Mr. Leonard Kopp, City of Mound 5341 Maywood Road Mound, Minnesota Dear Len: City Manager 55364 8700 west 36th street west 201 St. louis park, minnesota 55426 telephone 9332445 As a follow up of our telephone conversation on January 3, 1978, I am forwarding information about Community Health Service programs and the services provided by SPHNS, Inc. over and above the subsidized services. The enclosed material was prepared for the joint powers Board of Directors. Please note, programs - identified with an asterisk are those subsidized with CHS monies; local funding is needed for on -going delivery of the other services provided by Suburban Public Health Nursing Service. A copy of the resolution for membership in SPHNS, Inc. is also enclosed for your use. An early return of this resolution is requested in order that we may continue to offer the same services to residents of your community as we have offered in past years. I hope you will call me if you have any questions as I fully appreciate the complexities involved in the simultaneous organization of the joint powers Suburban Health Nursing Service and the newly incorporated SPHNS. Sincerely, Aiy/ a (Miss) Hilda W. Boyle, R.N. Director HWB:gr Encl. 2 S supported by tax funds from municipalities of suburban hennerDin county & the united way LINE December 13, 1977 SJL� Blq\� RRC 14ATH, NUSNG -W'CE 8700 west 36th street west 201 st. louis park, minnesota 55426 telephone 9332445 Legislation enacted in 1951 transferred authority and responsibility for providing public health nursing services from the county to local units of government electing to participate in a nursing district. This legislation was the forerunner of joint powers agreements. The statutes, under which SPHNS has been operating, define classifications of Pursing Committee or Board membership and limit such membership to 9 persons. The joint powers agreement provides for considerably more input and involvement by municipalities entering into such agreement than does the current authority- SPHNS endorses the broader base of authority and responsibility. SPHNS was the first nursing agency in Minnesota to receive certification as a provider of Medicare home health services. The capability of SPHNS to deliver public health nursing services has been demonstrated throughout its.many years of operation. In this current year of Community Health Service programs, it exceeded service expectations of the initial allocation and has been granted additional funds. The additional funds were available to SPHNS because of under utilization in other areas. An appropriate mix of practitioners allows for a matching of skills of the care giver to the needs of patients. S.PHNS currently employs: Professional Staff: 10 full time, state certified, public,health nurses 2 part time, state certified, public health nurses for child health clinic program and health consultation to day care centers 7 full time licensed practical nurses 1 part time physical therapist consultant 1 part time intake nurse, public health prepared, responsible for intake, coordination of the aide program and tuberculosis control activities supported by tax f urds from miricipal!ties of srburhan henneoin county & the urited way 3 • 2 • } 1 full time nursing supervisor with a Masters degree in public health 1 executive director, also M.P.11. prepared Aide Staff: 4 full time home health aides Office Staff: 1 accountant /office manager (full time) 1 bookkeeper /secretary 1 billing and statistical clerk 2 clerk typists Service personnel are organized in teams or groups according to geographic area. This allows for more equitable distribution of case load, earlier response to referrals and better coverage during absences of the primary care giver. In the following outline of services, effort has been made to briefly describe SPHNS programs within the three broad areas of public health nursing provided for in the 1978 Community Health Services Plan. Asterisks identify Community Health Service subsidized programs. I. HO�2 HEALTH SERVICES *a) Nursing Care: medically delegated functions, examples of which are injections, dressing changes, physiological functioning measures, irrigations, rehabilitation programs, etc. *b) Home Health Aide care: personal care (bathing, skin, hair and nail care), ambulation assistance, food preparation and light house- keeping tasks. NOTE: It is anticipated that a United Way allocation to SPHNS, in the amount of $57,258, will cover the cost of aide services to families of limited financial resources. c) Physical Therapy Consultation for fullest utilization of nursing skills in patient rehabilitation. Contractual arrangements with JCurative Services provide for in -home physical, occupational and speech therapy and coordination with nursing service to Medicare beneficiaries. Information and referral service is provided in behalf of all other patients and attending physicians. d) Teaching Counselin,: Persons with a diagnosed disease /disability who require no physical care are often in need of teaching counsel- ing and /or assessment and monitoring of physical status, medication regime, special dietary needs or activity tolerance in order to 313 0 • 3 improve or maintain current levels of health. II. COMfUNITY NURSING SERVICES *a) Health Promotion: Preventive health services to essentially well persons include assessment, teaching and counseling regarding maternal and child care practices, normal growth and development, nutrition, signs and symptoms of illness and preventive measures to reduce the incident of illness and family stress. b) Day Care Center and Group Home Health Consultation: to improve skills of day care center staff and group home parents in identi- fying health problems in children or in identifying children at high risk of inadequate physical, social and emotional growth and development; to improve knowledge and utilization of community resources for management of problems; c) Senior Citizen Iiigh Rise Health ProLrams: incorporates teaching — counseling and health promotion in a one to one relationship or group setting; blood pressure screening programs with referral and follow up as indicated. III. DISEASE PREVENTION AND CONTROL SERVICES a) Child Health Clinic: Physical examinations, diagnostic tests, immunizations and health counseling for children thru the age of $ years. Financial eligibility criteria are utilized for enroll- ment in the clinic program. b) Immunization Clinics: for protection against diphtheria, whooping cough, tetanus, measles, gernan measles, polio and mumps. c) Tuberculosis Control: All newly diagnosed cases of tuberculosis are reported to SPHNS for contact investigation in effort to locate the source case and possible transmission of the disease to others. The telephone may be utilized in control efforts to the extent such is deemed practical and "safe ". Written and verbal interchange is maintained between the Minnesota Department of Health, Hennepin County Chest Clinic, private physicians and SPHNS for a coordinated tuber- culosis control program. • 4 0 COST OF COMMUNITY HEALTH SERVICE PROGRAMS `Home Nursing Care Blue Cross, Medicare fiscal intermediary, calcula- (page 2, I a) tion of SPHNS per visit cost during 1976 is $30. Utilizing Medicare accepted methodology, SPHNS calculation of nursing care visit costs for the period January - June, 1977 is.$33. *Home Health Aide Care Blue Cross calculation of cost per aide visit (page 2, I b) during calender 1976 is $14. Because of the nature of aide service, SPHNS charges for services on an hourly basis, fractionalizing charges for services in excess of one hour. Costs based on January - June, 1977, activity were $10 per hour. *Health Promotion visit costs during the period January through June, (page 3, II a) 1977 were $20 per visit. As per Blue Cross reports, SPHNS visit costs for the home care services rank among the lowest within the metropolitan area. Although no similar data are available for costs comparisons in the area of health promotion visits, one may assume the favorable comparison to carry over into that and other areas of service as well. COST OF SUPPLEMENTAL PROGRAMS (page 21 I c, d: page 3, II b,c: page 3, III a,b,c) The cost of such services is, to some extent, dependent upon the size of the pop- ulation base upon which a capitation rate is applied. 1978 cost of these services to our current membership with a population of 269,570, is estimated to be 350 per capita. -3// C] 11 A RESOLUTION RELATING TO VIE114BERSTHIP IN SUBURBAN PUBLIC HEALTH NURSING SERVICE, INC. Mr. introduced the following resolution and moved its adoption. WHEREAS, pursuant to Minnesota Statutes, Section 145.08 and 145.12, a public health nursing district was organized and has been operational since 1952, and WHEREAS, pursuant to the Corn unity Health Services Act of 1976, the Suburban Public Health Nursing Service, provider of public health nursing services within the nursing district, loses statutory authority for continued operation as of December 14, 1977 and WHEREAS, it is deemed necessary to continue the provision of public health nursing services to residents of suburban Hennepin County and WHEREAS, the Suburban Public Health Nursing Service is organizing as a public not - for - profit corporation to ensure the continuity of such services and WHEREAS, it is deemed necessary to provide Suburban Public Health Nursing Service, Inc. with adequate funds for its proper operation NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF that this political subdivision be included in the membership of Suburban Public Health Nursing Service, to be incorporated as of December 14, 1977; that it participate in the benefits thereof; and that it agrees to support on an apportionment basis its pro rata share of the cost of the administration of such corporation provided, however, that for the period January 1, 1978 through Decd ber 31, 1978 this cost shall not exceed $.35 per capita and that said rate be applied to 197 population estimates of the Metropolitan Council. BE IT FURTHER RESOLVED, that this resolution shall be deemed an agreement to participate in such nursing corporation on the basis hereinbefore specified with all other political subdivisions adopting similar resolutions. The motion for .,ption of the above resolution was seconded by , Upon roll call, there were yeas and nays. I, , Clerk of the City of hereby certify that the above is a true copy of a resolution adopted by the governing body of in an official meeting on (Signed) Clerk -?/ CITY OF MOUND Mound, Minnesota January 27, 1978 INFORMATION MEMORANDUM NO. 78 -6 • TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Flow Chart Resolution adopting the amended "Flow Chart" was passed by the Council in March and the Public Works Department is drawing up the necessary forms and they will be sent to the Council for approval. Leonard L. Kopp Soy Y 77 -132 3 -15 -77 RESOLUTION NO. 77 - 132 RESOLUTION TO ADOPT THE AMENDED FLOW CHART IMPLEMENTING THE PROCESSING OF MAINTENANCE PERMITS FOR CONSTRUCTION ON THE COMMONS WHEREAS, representative from the Park Commission presented Flow Chart for Council approval, and WHEREAS, Council amended 16A and 16B of said Flow Chart NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That the amended Flow Chart, implementing the processing of Maintenance Permits for construction on the Commons be adopte d. Said amended changes refer to 16A Res. 77 -130 and 16B Res. 77 -131. Adopted by Council this 15th day of March, 1977. 77 -132 3 -15 -77 30V Da C? !34 on Flo-,4 C;; ry for granting of Construction. & Xai nten _nce Permit for structure3 on Public Parks in sound. Finalized on 11 -15 -76 Park r ommission R r CH F^ COX ?LETED (1) P1, UT RE, Q U E -) T I (2) Residenca or attached Portion No Yes 11c,te : A11 perm is uranted are for a lira `ed tip, are 4. non - t le ransferab, and the stractlare must :,:s ; state buildin- coda. Separat© I (2A) Legal Reviau (7A) (7) Y Deny Grant Pernd. Request up to 5 yrs renewable (7B) Deny Request develop Plan according to priorities (16) 1, N�� (3) :.'e -,y ting Existing transfer Grant Permit Grant or Existing -- - Grant Permit up to 5 yrs & 3 yrs �`— Structures renewable but tsrjrdnates non- renewable tenance permit City's use plan, new (4) Boathouse wners may make ap- , public lands up Yes or other ance permits 16A newable permit: Building to be cl -.cked . annually 16B Adopted by Council 3-15-77 Res 77 -13 307 No Will it Will (5) enhance & en- n- (13) No courage the use Yes use < as defined by y th the Plan, by the e General. Public Yes No (6) (14 Negative (15) Yes Should the Yes Should )the No Inpact Yes City build or City on Use Plan t aintain Yaintai ? ? " ? (7A) (7) Y Deny Grant Pernd. Request up to 5 yrs renewable (7B) Deny Request develop Plan according to priorities (16) 1, (16x) (16B) transfer Grant Permit Grant Permit up to Grant Permit up to 5 yrs & 3 yrs renewable up to 1 yr renewable but tsrjrdnates non- renewable Frith property transfer Res. 77 -130 changes Res 77 -131 this to: changes this tol Renewable up to 3 yrs Establishing m contingent upon the tenance permit City's use plan, new for structures wners may make ap- , public lands up plication for mainten- to 3 yrs non -re ance permits 16A newable permit: to be cl -.cked . annually 16B Adopted by Council 3-15-77 Res 77 -13 307 • RESOLUTION NO, 77 - 130 77 -130 3 -15 -77 RESOLUTION ESTABLISHING RULS FOR IMPLEMENTING MAINTENANCE PERMITS FOR STRUCTURES ON PUBLIC LANDS RENEWABLE UP TO THREE YEARS CONTINGENT UPON THE CITY'S USE PLAN NEW OWNERS MAY MAKE APPLICATION FOR MAINTENANCE PERMITS - 16A BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNE- SOTA: That a resolution. establishing rules:for implementing maintenance permits for structures on Public Lands and renewable up to three years contingent upon the City's Use Plan. New owners may make application for maintenance permits - under 16A . ebb Adopted by Council this 15th day of March, 1977 0 0 77 -131 3 -15 -77 RESOLUTION NO. 77 - 131 RESOLUTION TO ADOPT THE AMENDErj FLOW CHART IMPLEMENTING THE PROCESSING OF MAINTENANCE PERMITS FOR CONSTRUCTION ON THE COMMONS BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNE- SOTA: That adoption of the amended Flow Chart, implementing the processing of Maintenance Permits for construction on the Commons be authorized. Adopted by Council, this 15th day of March, 1977. 3013 PHLEGER AND REUTIMAN ATTORNEYS AT LAW 401 EAST LAKE STREET WAYZATA, MINNESOTA SS391 GARY L. PHLEGER ROBERT W. REUTIMAN, JR. January 23, 1978 The Honorable Mayor and Members of the City Council City Offices Mound, Minnesota 55364 Dear Mayor and Council Persons: f- � 612 -473 -7328 'A/ L l I would be remiss if I did not express my appreciation of having the opportunity of serving as prosecuting attorney over the past few years. It was an enjoyable and rewarding experience for me. If I can be of any assistance to your new appointee for this transition period, I will be happy to extend my cooperation to him. Should circumstances open the position in the future, I hope that I would be given consideration again. Yo very truly, ar L. leger GLP:lj 3. 0 `� eer�ard� January 25, 1978 " b Real Estate sales Mortgage Banking �i Property Management and Leasing j.. Al 1 �7 Mr. Leonard L. Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 RE: Beachside Apts. Dear Mr. Kopp: Enclosed is a copy of FHA's extension letter; you'll note the (developer's) risk of requesting additional time beyond February 15. Sincerely, N. Craig toson Vice President NCJ /gio Encl. 3250 west 66th street•p.o, box 1385•minneapolis, minnesota 55440-phone (612) 920 -9280 7 • • Q'P`ME Nr p.y DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AREA OFFICE 6400 FRANCE AVENUE SOUTH °o�3A3O +0a MINNEAPOLIS, MINNESOTA 55435 REGION V 300 South Wacker Drive Chicago, Illinois 60606 vl.i�, L il 1.71:J Mr. N. Craig Johnson, Vice President Eberhardt Company 3250 West 66th Street Post Office Box 1385 Minneapolis, Minnesota 55440 Dear Mr. Johnson: Subject: Beachside Apartments Project No. 092 - 35298 -LD Mound, Minnesota In response to your letter of January 9, 1978, we have extended the Commitment. This is done in accordance with regulations. Should any further extensions be requested, it will be necessary for us to re- examine our processing. This could conceivably result in rejection of the request or revision of our Commitment. This extension expires on February 15, 1978. Sincerely, Thomas'T: Feeney / &.Area Director W IN REPLY REFER To: KIM: GT:pm 3o -L �y January 27, 1978 r- r-I ON LAKE MINNETONKA INDIAN BURIAL MOUNDS 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 TO: Leonard Kopp FROM: Chief Charles Johnson SUBJECT: Hiring of new police officers TELEPHONE (612) 472 -1155 ti On January 1, 1978, Joseph Dutton and Wayne Tapper were appointed as police officers. They had both successfully competed in a lengthy testing procedure in June, 1977. Dutton had been employed with the city since last summer as a Community Service Officer and his work record had been excellent. Both individuals come highly rec- commended and appear to have a good future with the city. On February 6, 1978, Stephanie Olson wig be appointed as a police officer, the first female officer with the Mound Police Dept. She competed in a recent testing procedure in which there were approximately sixty applicants, and came out as the first choice in a field of excellent prospects. All of the new appointees competed in a lengthy examination process which included a written test, agility test, and an oral examination, a psychological evaluation, a medical examination, and a thorough background check. There is every indication to believe that each of these new appointees will prove to be an asset to the police department and to the citizens of our community. Sincerely, Charle 7o nson Chief of Police CJ /sf Jo/ zp� �� � "WIN C;111 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291 -6359 January 3, i978 n�. .. Minnesota De,--arLment of Natural Resources , ,ppiication for ILA VCON funds Acquisition of ten public access sites Received on December 12, 1977 �'Ietropolitan Council Referral File _Jo. 3337 NOTICE OF RE'VTEIrV 1, AA:V CO N -he vie ropolitdn Council has received an apolicaLion for fadaral funds to CCCi71;� !iSlt? the above referenced project. The =e c�eral CrocadiureS for review : 'ions require that any p� :ertially _f °Ct °C units of COL^r °Ii, ci hla t ne C: .: '::.d .,rgamzatioP_5, groups, and Ifturrian rigI:ts col mu- -sions he i :ozifiadl of %'::-? .c roject a d given an opportunity to comment. The interest of vouf com- 'n- or r ^� s� •.^.uld be e:,: pressed ed by' : -ans o' a latte-r descrii0ing the effec -t �... 1' 7 i u t- % u .p .J� tea,... � e project lmig't .. have on your communit or 'he type of additional information ' ive. jcn rn= i of a nctice of vour Interest, if any, iI is inc:.iiitJen, upo. t: e \ atro olizan C cal icil to arrange a confer nce With? the applicant 'or the benafi' O. all ___ ^.�ereSLed parC1eS. i= you c!eSire to review the application, cCp:eS are on file at the MetroQolitan Council and in the offices of the applicant. ,3D O An Agency Croate i to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County '-) Carver County 0 Dakota County 0 Hennepin County U Ramsey County O Scott County 0 Washington County 0 0 janu� -y 3, 1978 a a e T%,70 Tie ::allowing municipalities and special districts have been noti =ied of this crc ;oral: City of East Bethel City of Minnetrista City of Chanhassen of Mound City of Waconia City of vlaple Grove Waconia Township County of Ancka Linwood Township County of Carver T a':etown Township County of Hennepin Spring Lake Township County of Ramsey ^anrN Creel,_ -1 ownshi-Ij CCiiitty of SuVLL -May Township County of Washington. City of Nlew Scandia Lhr. Creek Protection and �,Ianaaema t r City of Prior Lake Comr-iission Forest Lake Township Minnehaha Creek Watershed District City of Forest Lake Rice Cree : Watershed District City of Shoreview Shingle Cree:< Watershed District City of Plymouth Riley -- Purgatory Creek TATatershed District. City of Shore�,vood Hennepin County Park Reserre District. Lake Nlir_netonka Conservation District Sincerely, NIET OPOLITAN COUNCIL, 1 Ji n RUL-ord w :referral Cocrd }nsto j P'/P 1D I • 111 1 1 , i , I ) (-"I •I I' I I;* i" I) I!!) A W , � , \Vl' r) I , ,,, 1 i ! A "I , " I , , 4 1 I ( ) !., i I'mid Pro,) .-�ct �-t —io..-;i; C I'le:ciod DiLe of app'rovil. Lh-cuu-Ii 1.2-31-30 1'rojec-1: (Dv:wri.pCi oil of Project) The StaLo, of HLImesOLa will acquire Len public access sites on Ulu following 1; t 'k e." : Anoka Goull;.Y: Linwuod, Door and Rice 27-003-000f). G,-t-rvcl- C0111ILY: L01.1.11; & Wacorlia 27-019-0000 11clill(tpin COLHIL": Hilliletorika Chris tmli,, DkLch, Fish & Btss 27-053-0000 K,tins(iy CounLy TI1I:L1 C'. 27-123•0:,),-10 L;(..Ot.L co,:111-y Prior Z-1111d SULI-01-1. 27-139-0(.)00 WashingLoii County: Bi1, Marillc:, Clear, FoI:C!!;L, 1,11ke St. Croix 27-163-01101-) and Lone Pro,jc--cl: Stag ! hy this A,-Anil -mioitt S I z I tl Ci)st Tile FOI.Im"illff ;it C, illcol-pol-a-L e d jil Lt o th i": T C o: , 1 7'0,000.00 1,111111 Support Ct I'Glid AMOlill', 0() 0';I o F t I I i 7 Im 2,/ -w/ (m S I z I tl �a Al two T 4_1 �t'�'IN Gl,t1Y �v l 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291 -6359 January 24, 1978 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road 11ound, MN 55364 Dear Mr. Kopp,: Your community has been involved with the Section 8 Housing Program that your City and the Metro Council HRA have developed together. This has met some of the Area's housing needs. But, as we all know, there is simply not enough federal funding to meet the �- :;Wands. we have funding for less than 2,600 housing units, but applications for over 7,000. The greatest need we are finding is in the area of large families- - the 3 -4 bedroom housing. This we feel can only be met by neu con- struction and /or rehabilitation of large dwellings to meet that need. The funding for new construction is not going to be very great this coming fiscal year through the Section 8 New Construction program. In looking for what may be available, we have been advised that there will be some funding for the traditional- public housing pro- gram this coning year. This is the type of program where the HRA's own and operate the housing units.. Payments are made to the munici- palities in lieu of taxes, and other allowances are also provided. This type of new construction program would involve developing a few .housing units for large families on a low density, scattered site basis in municipalities where the program would be desired. Vae Metro HR.'S. Advisory Ccros,).ittee is currently exploring the feasibility of this program, and once _Wore, to make it work, it will take the joint efforts of Metro and the municipalities. At the first discussion on the subject, the committee adopted for guidepoints the attached policy considerations that would prov=ide the basis for our review of the Public Housing alternative. The An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Arch Coniprisitig: Anoka Courity 0 Carver County 0 Dakota County O Fionnepin County 0 Ramsey County 0 Scott County 0 Washington County Mr. Leonard Kopp January 24, 1978 Page 2 purpose of setting forth these policy issues was to have a way to measure the program against what we feel the needs are and conditions that would have to be met. This discussion is at a beginning stage, and the purpose of this letter is to advise you of the meetings the Advisory Committee will be having on the subject, and the schedule of meetings is also attached. The upcoming meetings will be dealing with the whole concept of Public Housing, the costs involved, the local and Metro responsibility, and a general education to the concept. We would like very much to have your community take part in these meetings with us and receive your input, ideas and suggestions as we move along together. With this type of assistance, it will help the Committee in its decision making process on the future use of the public housing option as a method to meet the needs for large family housing. Sincerely, Philip Cohen Chairman, Metro HRA Advisory Committee Attachments /em 4 0 0 Public Housing for the metropolitan Area Public housing is rental units that are owned and managed by a Local Housing Authority. The cost of building or acquiring the units is paid by the Federal government, but the housing is owned and operated by the Housing Authority, in this case the Metropolitan Council. The operating costs of management, maintenance, utilities must be paid by the Metro HRA. Before receiving funds from the Department of Housing and Urban Develop- ment the HRA must secure a cooperation agreement from the local govern- ing body. This provides for supplying of municipal services and exemption from real and personal property taxes. However, the Housing Authority makes a payment in lieu of taxes, based on the amount of rent collected from the units constructed. Public housing regulations encourage the use of scattered site develop- ment, and the use of low- density forms of development. The financial feasibility of the project must be demonstrated before the application is approved and the tenant selection criteria must assure that the project will include families with a broad range of income (within income eligible limits). The following policy considerations were adopted by the Metro HRA Ad- visory Committee on January 11, 1978 and will be used as a basis for our continuing discussions. 1. Priority for Metro HRA involvement in public housing programs should be to provide housing for the most urgent unmet housing needs in the Area. At the present time this is housing for large families needing 3 bedroom units and larger. 2. Where private developers or other HRA's are providing such housing and can meet the needs, Metro HRA will provide assistance if necessary, but will not be competing for funding. 3. Housing units for large families will be provided on scattered sites at low densities. The maximum number of units on a site should be six or less, if feasible. 4. Locations for housing units must meet Council review guidelines for accessibility of services and environmental acceptability. 5. Projects which will increase the supply of housing should receive first priority and second priority be assigned to those methods of production which do not increase the overall housing supply. Acquisition with.substantial rehabilitation followed by acquisition with no rehab should receive lower priority as a method of achieving the units. These methods do not increase the supply and may remove lower priced units from the private market which would otherwise be available for middle income buyers. Metro HRA Advisory Committee meetings have been scheduled for the dates: January 25, February 14, March 1, March 15, and March 29. housing development and various aspects and issues will be under cussion at these meetings. following Public dis- z 71�) 0 0 1OUN D PryO?_ T: Acting .'nairman Barb Mescericii, Sec. Karene Uhe Hinutan o, ADVISORY YOiJ`_ A COMMISSIO ?•i January 16, 1 ;'73 Dawn Polston, Ann Chase, Pon Uhe, Pon Bostrom, Joy Fl ern:in , Council Rep. Bob Polston, and The minutes from the 11/21/73 meeting were approved as presented. Uhe reported a balance of 5497.19 in the account. Fleming reported that she had been appointed as laison from the Youth Comm. to the Community Services Advisory Comm. An these two `,1oups meet on the same night, she advised that the Youth Comm. look into chap gin their meeting night to the first Mon. night of eVery month, if that night is open. YOUTH N 1IPLOYQE! T AGENCY Uhe and Polston reported on pros ress made and visit to Bloomington's youth employment agency. It was decided that the next step was to write the proposal to City Council for qualified Director of employment, l`/'ho would set up details of running the agency, program. The Commission then resolved to ask the Park Comm. if they were interested in combinins • Youth Employment Director with a Recreation Director. for Mound, snaking • proposal for a full -time person. A letter and presentation will be given to t Ae Park Comm. at their 1/19/?S meetin . Polston and Uhe will write up proposal for next Youth Comm. meeting 2/20/70', and if approved, proposal will go to Council meeting from there. DOWNTOWN GYN USE Dawn Polston reported for this committee that polyurathane rollar skate wheels would be needed for using on gym floor. No other information was available. 7 q,_/ Ii' • • 1.1inutes of MOUND ADVISORY PARK COMMISSION January 19, 1978 PRY~_'SOiT: Chairman Hal Larson, Jon Lynott, Toni Case, 1d 1Iasek, Pat Shay, Cathy Bailey, Lorraine Jackson, Ben Withhart, Chris Bollis, Leonard Kopp, Bob Polston, and Sec. Karene Uhe ELECTIOi? OF OFFICERS Hal Larson was re-- elected as Cha_i_rrnan of the Park Comm. for the 1978 year and Pat Shay was elected as Vice Chairperson, MINUTES Shay moved and Jackson seconded a_ motion to approve the minutes from the 12/15/77 and 1/05/78 meetings as presented. Vote was unanimous. CITY MANAGER'S REPORT Tax forfeit land on Tuxedo Blvd, -- question whether Park Comm, was inter- ested ir keeping land for wetlands,/ open space or putting up for sale. ** Hayek moved to recommend that a portion of Lot 17, to be determined by the Building Inspector and City Engineer, be given up for sale for the purpose of building a Garage. Bailey seconded and vote was unanimous. Tax forfeit land - Whipple - Park Comm. to look at before decision is made (possibly in April). Highland Park filling and grading -- Each Comm, member to look at area for familiarization before February Park Business meeting. PARK PLANNERS The Park Comm. near presentations from Chris Enger, Otto Christensen, and John Brenna for the purpose of hiring one to plan Island Park Park and Three Points Park. There was a general discussion as to which man would best fit Mound's needs. *Bailey moved to recommend to hire Otto Christensen as Park Planner for Island Park and Three Points. Hayek. seconded and vote was unanimous. YOUTH PtiIPLOY:tEi?T /PECP,:FA'TIOI? DIRECTO1R Bob Polston presented she Parr. Comm. with an idea from the Youth Comm. to propose a recommer_dation to hire a full-time person as combined Youth Emplo;rment /Recreation Director, * Lynott Moved that the Park Comm. is in favor of working with the Youth Comm. in supporting the concept of Recreation Director /Youth Employment Director. Has seconded and vote was unanimous. The Recreation Co!'tmi_ ;:ten will discuss the content for the proposal for Rec. Dir. at the Feb. 2 Con,�_i_itto z i eet:ings. Z13 0 Page 2 iiinutes 1 /lQ /7u 0 MAP?V JTESSETT TALK i-;arty Jessen, Planner for Metro Council and President of Minn. ?sec. � ParkV Assoc., talked with the Park Comm. about ideas he felt were important in planning a pars.. Tho first thing needed is ti park and recreation u':il.osophy anal system plan. After meetings with neighborhood groups of citizens in surroundin'- pare. area, a site plan can be drawn up by the Park Planner. Then the plan needs to be given to the City Engineer for working specif -J cations. Jessen also emphasized how helpful the Minn. I�ec. & Park Assoc. could be to the Park Comm. members, urginm Mound to Join the Assoc, y.) CLAYTON L. LEFEVERE HERBERT P. LEFLER CURTIS A. PEARSON j- DENNIS O'BRIEN JOHN E. DRAWZ JOHN B. DEAN DAVID J. KENNEDY GLENN E. PURDUE JAMES D. LARSON CHARLES L. LEFEVERE HERBERT P. LEFLER ILL JEFFREY J. STRAND LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ 1100 FIRST NATIONAL BANK BUILDING MINNEAPOLIS. MINNESOTA 55402 December 9, 1977 TELEPHONE 1 (612)/ 333 -0543 p 1 V Mr. Len Kopp, City Manager /►yam'% City of Mound 5341 Maywood Road L Mound, Minnesota 55364 Re: Zoning ordinance Amendments Dear Len: In accordance with council direction, you and Mr. Levens came to my office on December 1, 1977, to discuss modifications in our zoning ordinance as directed by the City Council. At that time, you brought with you your notes from the meetings with the City Council, the existing ordinance, the proposed ordinance as recommended by the Planning Commission, and Don had some materials from other communities. You gave me some basic ideas as to what the City Council wanted and informed me that the review process had broken down because of the efforts to develop a separate code for multiple dwellings. In reviewing the materials, it was my opinion that the ideas and work done by the City Council could be integrated as they requested into our existing ordinances. You directed me to give this priority and attempt to have an ordinance to you by December 12. In accordance with that direction, I have done my best to put this together for the Council's consideration. I am enclosing herewith an ordinance of 29 pages which I have prepared based on your notes, my own general knowledge, and the Planning Commission's materials. I will try to analyze and tell you essentially what each does and what is contained in the ordinance. Section 23.0001 relating to definitions is a new section and is being added and made applicable to the entire zoning district. Adopting this will be consistent with other changes which you might wish to make in the future if the Council follows the Planning Commission's recommendations. Essentially the definitions contained herein are those contained in the 1975 revision of the proposed zoning ordinance. I noted in going through the ordinance /2,2.7 LAW OFFICES LEFEVERE, LEFLER, HAMILTON AND PEARSON Page 2 Mr. Len Kopp, City Manager December 9, 1977 that the Council had taken out certain definitions, and I assumed that that was done on the basis that this ordinance would apply only to multiple dwellings. Since it is being made to and integrated with our existing ordinance, it will apply to all districts and therefore I have put back into it numerous things excluded by the Council in their review. The definitions take up the first 13 pages of the proposed ordinance revision. I have made several revisions in the definitions which I consider necessary considering the objectives of the City of Mound. They are as follows: Item 7, Page 1. I have deleted from the automobile service station definition the right to do incidental body and fender work and painting as it appears to me that these items should not be allowed in our normal commercial district. Item 9, Page 2. Basement. The way it is written in the proposed zoning ordinance, it defines a basement as "having less than one -half its clear floor -to- ceiling height below the average grade." It seems to me that that is an unrealistic definition and tha basement and cellar, which is No. 15, should be consistent. I don't believe our ordinance or the building code use the word "cellar" but the way cellar is defined in the ordinance is the common definition for a basement. Item 18, Page 3. Reference is left in to a comprehensive plan, but I do not believe the City of Mound has a comprehensive plan. This may end up in some confusion in the future, and I am assuming that Mound will be moving forward toward preparing a comprehensive plan so I have therefore left the definition in the ordinance. I also noted that in your notes the Council got to the S's in the definition section and then stopped. I have gone on and added those areas from the proposed zoning ordinance all the way through yards, but this has never been considered by the Council. Starting on the bottom of page 13, revisions are made in our existing multiple dwelling districts. Our existing ordinance contains a Multiple, Multiple B and Multiple C dwelling district. The main effect of the adoption of this ordinance would be to have the same conditions exist for all three districts. I have not combined them nor have I droppedthe section because other portions of the ordinance contain legal descriptions of property in the various multiple districts. 0 -1 � 0 LAW OFFICES LEFEVERE, LEFLER, HAMILTON AND PEARSON Page 3 Mr. Len Kopp, City Manager December 9, 1977 On Page 14, we have limited uses in the multiple districts without a special permit. Starting on 14, we list the conditional uses allowed in the district and then start amending our old or- dinance. Starting on the bottom of page 15, Subd. (f), everything is new to page 22. This is in effect the "guts" of the conditions which will be applicable to all multiple structures to be constructed in Mound. On the bottom of page 22, amendments are made in the Multiple Use District B. On page 23, the townhouse section is pretty much lifted from our existing ordinance except that it now requires a conditional use permit and is subject to the same restrictions as apartments except as modified in that section of the ordinance. You will note we go from (ee) to (gg) and I have deleted or repealed subd. (ff)which is on the final page of the ordinance. (ff) would be redundant and repetitive because it goes to the materials that the townhouse developer has to file with the city and to all intents and purposes, those are already covered by the new sections of the ordinance. On Page 25, we amend Sec. 23.32, Subds. C and D, so that they will not be inconsistent with the new regulations. I call to your attention that even after the amendments, those sections of the ordinance are confusing and will need revision in the future. The purpose there is to take the multiple dwelling districts out of those regulations so there will not be conflicting sections. On the bottom of Page'25, we add a new section to the City Code relating to performance standards. I have included this because the adoption of performance standards is consistent with other things we are doing and is normally found in a zoning ordinance. The Council should be aware that these performance standards relate to all districts and all uses, so if they are not acceptable to the Council, they may want to consider leaving this section out entirely. As an example, I call your attention to Page 26, Item 2, paragraph (a), relating to refuse. We have provided there that "Existing uses shall comply with this provision within six months" and it means that we are requiring that all garbage cans, etc. be in an enclosed building or stored in a closed container. The enforcement of this provision for existing uses could cause some controversy. I have generally used accepted standards for zoning ordinances and starting on the bottom of Page 27 through the bottom of Page 28, I have picked up the definitions and standards considered by the City Council or contained in your recommendations and Mr. Leven's recommendations. 0 11 11 0 LAW OFFICES LEFEVERE, LEFLER, HAMILTON AND PEARSON Page 4 Mr. Len Kopp, City Manager December 9, 1977 Page 29 contains the repeal of three sections of the existing ordinance. One is the townhouse requirement concerning site plans, etc. Two, we have moved certain uses in the Multiple Dwelling District C from permitted to conditional uses and therefore I am repealing those sections. The third item being repealed is 23.34, Subds. d and e, which relates to lot area requirements in the multiple districts. That section of the ordinance is no longer necessary if the new provisions are adopted. Len, I have not included the materials which you brought me on docks, fences, parking, and some of the other material considered by the Council as these are covered by other sections of the ordinance and I see no reason to get into major revisions at this time without adequate study. I also caution that I have put this together from a rather jumbled situation, and I hope I have captured the flavor and desires of the Council. Resp ctfully sub 'tted, Curtis A. Pearson, City Attorney CAP:lh Enclosures r .r ORDINANCE NO..` ),. 3io 1 AN ORDINANCE AMENDING CHAPTE 23 OF THE CITY CODE REGULATING ZONING AND ADDING SECTION 23.000,1. ySETTING FORTH DEFINITIONS: AMENDING SECTIONS 23.06, 23.061, 23.062, AND 23.32 RELATING TO USE, STANDARDS AND CONDITIONS RELATING TO MULTIPLE DWELLINGS AND ADDING SECTION 23.60 TO PROVIDE PERFORMANCE STANDARDS IN ALL USE DISTRICTS AND REPEALING PORTIONS OF SECTIONS 23.061 SUBD. (d), 23.062 SUBD. (d) AND SECTION 23.34 WHICH ARE INCONSISTENT IN THE MULTIPLE DISTRICTS. THE CITY OF FOUND DOES HEREBY ORDAIN: Section 23.0001 is hereby added to the City Code and shall read as follows: Section 23.0001. Defini-tions. For the purpose of this Code, certain terms and words are hereby defined as follows: (1) Accessory Building. A subordinate building, or a portion of the main building, the use of which is incidental to that of the main building, or to the use of the premises. (2) Accessory Use. A use subordinate to the principal use on. the same premises and customarily incidental thereto. (3) Alley. A public right -of -way, which affords a secondary means of access to abutting property. (4) Animals, Domestic. Fish, dogs, cats, birds and the like. (5) Animals, Non - Domestic. Cattle, hogs, horses, bees, sheep, goats, chickens and other commonly known farm animals. (6) Apartment Building. See "Dwelling, Multiple Family ". (7) Automobile Service Station (Gas Station) . A place ,There gasoline, kerosene or any other motor fuel, lubrication oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. This definition includes greasing and oiling and the sale of automobile accessories on the premises. This definition also includes minor repairs, upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one -half tons capacity. This definition shall not include general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision service, including body frame or fender straightening or repair; overhaul, painting or paint job; vehicle steam cleaning; car washing. (8) Automobile Service Uses. Those uses catering to the traveling public. These include auto and truck laundry (washing), drive -in business, service station, repair garage, public garage, motel, hotel, seasonal produce sales, motor vehicle sales, trailer sales and rental, boat sales, rental services and restaurants. (9) Basement. A portion f a building located partially under- ground, but having p, than half_ its clear floor -to- ceiling height below the average grade of the adjoining ground. . (10) Boarding House. Any dwelling other than a hotel or a motel where meals or lodging and meals for compensation are provided for five or more persons pursuant to previous arrangements and not to anyone who may apply. (11) Building. Any structure for the shelter, support or enclosure of persons, animals, chattels,or property of any kind. (12) Building, Accessory. A subordinate building, the use of which is incidental to that of the rain building on the same lot. (13) Building Height. The distance between the average ground level at the building line and the top of the cornice of a flat roof, the deck line of a mansard roof or to the highest gable on a pitched or hipped roof. (14) Building Setback Line. A line within a lot or other parcel of land parallel to a public road, street or highway right -of -way line defining a •portion of the lot between said setback line an said right --of -way line on which buildings or structures may not be placed. (15) Cellar. That portion of a building having more than half of th clear floor -to- ceiling height below the average grade of the adjacent ground. (16) Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organiz to sustain public worship. (17) Club or Lodge. A club or lodge is a non - profit association of persons who are bona fide members paying annual dues, with a use of premises being restricted to members and their guests. it shall be permissible to serve food and deals on such premises, providing adequate dining space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allotaed, 'dng�u -tom; anl- rn e xden t �l —to - ire —ope r a Rio the d i }3e -grrr - posc -off r�i �}- eed— ald —, :Tess providing €trrt-he-r that such serving of alcoholic beverages is in compliance with the applicable Federal, State, and Municipal laws. 0 • (18) Comprehensive Plan. (Village Plan, Municipal Plan) Unless otherwise stated, it is the general plan for land use, trans- portation, and community facilities prepared and maintained by the Planning Commission. (19) Dwelling. Any building or portion thereof which is designed or used exclusively for residential purposes. (20) Dwelling, Detached. A residential building which is entirely surrounded by open space on the same lot. (21) Dwelling, Multiple Family (Apartment Building) . A residential building, or portion thereof, containing three or more dwelling units. (22) Dwelling Unit. A residential accommodation including complete kitchen facilities, permanently installed, which is arranged, designed, -used or intended for use exclusively as living quarters for one family. (23) Essential Services (Public Utility Uses). Underground or over- head gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings. (24) Exterior Storage (Includes Open Storage). The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. (25) Family. A family is: (a) An individual, or two or more persons, related by blood, marriage or adoption, living together, or (b) A group of not more than five persons, who need not be related by blood, marriage or adoption, living together as a--.single housekeeping unit in a dwelling unit, exclusive of usual servants. (26) Flood. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. (27) Flood Frequency. The average frequency, statistically determine! , for which it is exp :c-f"eC'i that- a specific floc stair or discharge may be equaled or exceeded. (28) Flood Fringe. That portion of the flood plain outside of the floodway. (29) Flood Plain. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. a (30) Flood Proofing. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. (31) Floodway. The channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood. (32) Floor Area, Gross. The sum of the gross horizontal areas of the various floors of a building measured in square feet. (33) Floor Area Ratio. The numberical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located. (34) Frontage. The maximum horizontal distance between the side lot lines measured at the building setback line. (35)- Garage, Private. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on; provided that not more than one - half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one or two capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle. The load capacity of such commercial vehicle shall not exceed one*ton. : (3G) Garage, Public. A building or a portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and in,which any sale of gasoline, oil and accessories is only incidental to the principal use. (37) Garage, Repair. A building or space for the repair or main- tenance of motor vehicles but not including factory assembly of such vehicles, auto wrecking establishments or junk yards. (38) Highway. The entire width between the property line of every way or placis of ::•'rl:t.t.ev -: r nature, other than an al-ley, , w.-_on any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. (39) Hotel. Any building occupied as the abiding place of persons, who are lodged with or without meals, in which, as a rule, the rooms are occupied singly for hire, and in which there are Wore than ten sleeping rooms. 0 .1, .11 . 0 (40) Institutional Housing. Housing for students, mentally ill, infirm, elderly, nurses, physically retarded, and similar housing of a specialized nature. (41) Junk Yard. An open area where waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled,.including but not limited to, scrap iron and other metals, paper, rags, rubber, tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. (42) Kennel, Animal. Any place where more than two of any single type of domestic animals, over six months of age, are owned, b oarded, bred or offered for sale, but not including livestock in relation to a farm. (43) Landscaping. Planting such as trees, _grass, and shrubs. (44) Loading Space.. A space, accessible from a street, alley, or way, in a' building or on a lot, for the use of trucks while loading and unloading merchandise or materials. (4 5)* Lodging Room. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room. (461 Lot. A parcel of land, abutting on a public street or having legal access to a public street, being a lot designated in a recorded plat or a division, or being a parcel of record of sufficient size to provide the yards required by this ordinance. (47) -Lot Area. The area of a horizontal plane. within the lot lines. (48) Lot Area Per Dwelling Unit. The number of square feet of lot area required per dwelling unit. (49) Lot, Corner. A lot situated at a junction of, and abutting on, two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees. (50) Lot Depth. The *jean horizontal distance between the front and the rear lines of a lot. (51) Lot, Double Frontage. An interior lot having frontage on two streets. Such a lot shall be construed to have two front yards. In cases of lake shore frontage, the lake shall be considered as a front lot line in addition to the front lot line established by the principal street. (See Lot, Through) (52) Lot, Interior. A lot other than a corner lot. (53) Lot, Key. The first lot to the rear of a corner lot the front line of which is a continuation of the side line of the corner lot and fronting on the street which intersects the street on which the corner lot fronts. (54) Lot Line. A property boundary line of any lot. (55) Lot Line, Front. That boundary of a lot which abuts on existing or dedicated public street. In the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the Building Inspector. (56) Lot Line, Rear. That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel= to the front lot line at the- maximum distance from the front lot line. (57) Lot Line, Side. Any boundary of a'lot which is not a front lot line or a rear lot line. (58) Lot .of Record. Any lot which is one (1) unit of a plat heretofore duly approved and filed, or one (1) unit of an Auditor's Subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered but for which a Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the office of the County Recorder or Registrar of Titles for. Hennepin County. (59) Lot, Through. A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a.through lot, both street lines shall be front lot lines for applying this Ordinance. (60) Lot Width. The maximum horizontal distance between the side lot lines of a lot measured at the setback line. (61) Manufacturing, General. All manufacturing, compounding, processing, packaging, treatment, or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. Such uses include but are not limited to the following; Sawmill; refineries; flour.; feed and gr_a?_n millip_g or storage; cleat packing; slaughter houses; coal'or tar asphalt distillation; reriC -wing of fat, grease, lard or tallow, alcoholic beverages; poisons; exterminating agents; gule or gypsum; plaster of parts; tanneries; automobile parts; paper and paper products; glass; chemicals, crude oil and petroleum products including storage; electric power generation facilities; vinegar works; junk yard; auto reduction yard; foundry, forge, casting of metal products; rock, stone and cement products. -- A -- b 1 (62) Manufacturing, Lin, ited.--'-All uses which include the com- pounding, processing-,---"Packaging, treatment, or assembly of products and mate ials provided such use will not generate offensive odor , glare, smoke, dust, noise, vibrations, or other objection lb influences that extend beyond the lot on which the use is ocated. Generally, these are industries dependent upon raw materials refined elsewhere. Such uses include but are not limited to the following: lumber yards; machine shops; products; assembly; sheet metal shops; plastics; electronics; general vehicle repair (repair garage) ; body work and painting; contractors shops and storage yard; food and non - alcoholic beverages; sign and displays; printing; publishing; fabricated metal parts;. appliances; clothing; textiles; used auto parts. (63) Medical Uses. Those uses concerned with the diagnosis, treatment, and care of human beings. These include: hospitals; dental services; medical services or clinic; nursing or convalescent home; orphans` home; rest home; sanitarium. (64) Mobile Home (Trailer Horne). Any type of structure or vehicle which can be readily adapted to or does provide facilities for a person or persons to eat .or sleep, which is mounted on wheels, has provisions for wheels or may be loaded on an ordinary flat. bed truck, such as a house trailer, converted bus or truck, tent or small building. (65) Motel (Tourist Court) . A building or group of detached; semi- detached, or attached buildings containing guest rooms or dwellings, each of which has a separate outside entrance leading directly from.the outside of'the building with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients. (66) Motor Feight Terminal. A building or area in which freight brought by motor truck is assembled and /or stored. (67) Non- Conforming Use. A use lawfuKan�crnot n x' he effective date of this Ordinance conforming to the regulations for the district in which it is situated, e_x__e t i t %ue4 -a-- tie-- cs- '�t-- :.tirr =�: n r �i u- i- s-t-4 d � —o —s- phi- l,c�. - -i3- SCE- �3€�•�i�i-�� v,h a r r��l r���+- � -� 11.I1�_.r •-- (68) Normal high Water Rlark. A mark delineating the highesL water level which has been maintained for sufficient period of time to leave evidence upon the landscape. The normal high water mark is commonly that point where the natural vegetation changes from predominately acquatic to er,�ominately terrestrial. V (69) Noxious Matter. Material which is capable of causing injury or is in any way harmful to living organisms or is capable of causing detrimental effect upon the health, the psychological, social or economic well being of human beings. (70) (71) Nursery, Day. A building in which more than three children under kindergarten age are cared for more than four hours per day for pay or as modified or defined by any State licensing regulations. Obstruction (Waterway). Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building,wire, fence, stockpile, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. (72). Office Uses. Those commercial activities that take place in office buildings, where goods are not produced, sold or repaired. These include: banks; general offices; governmental office; insurance office; real estate office; taxicab office but not taxi stand; travel agency or transportation ticket office; telephone exchange;. utility office; radio broadcasting and similar uses. (73) Open Sales Lot (Exterior Storage). Any land used or occupied for the purpose of buying, selling, renting leasing any goods, materials, or merchandise and for of same under the open sky prior to sale. or the storing (74) Parking Space. An area of not less than 200 square feet net (10 x 20), exclusive of access or maneuvering area, to be used exclusively as a temporary storage space for one private motor vehicle. (75) Planning Commission. The Planning Commission of Mound except'_ when otherwise designated. (76) Principal Structure or Use. One which determines the pre- dominant use as contrasted to accessory use or structure. (77) Public. Uses owned or operated by municipal, school district, county, state or other governmental units. (78) Public Utility Uses (Essential Services). Transmission facilities of electric power, gas, water, telephone and railroa companies. These include: electric power transmission lines and gas pipelines, (but not substations); telephone facilities; water pumping, reservoir and distribution facilities; railroad trackage, but not including storage and switching yards; and not including buildings. 6 -�. .. 1 0 (79) Public Water. A meandered navigable body of water capable of substantial beneficial public use. This shall be construed to mean, for the purpose of these regulations, any body of water which has the potential to support any body of recrea- tional pursuit or water supply purpose. (80) Recreation Equipment (In Residential Districts). Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding twenty - five feet in length, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures but not including tree houses, swimming pools, playhouses exceeding twenty -five square feet of floor area, or sheets utilized for storage of equipment. (81) Research. Medical, chemical, electrical, metallurgical or scientific research and quality control, conducted in accord- ance with the provisions of this Ordinance. (82)' Rest Rome; Nursing home. A private home for the care of children, aged cr infirm,. or a place of rest for those suffer- ing bodily disorders and as defined by any State licensing Regulations. Such homes do not contain equipment for surgical .care or for the treatment of disease, injury or mental care, nor do they provide maternity care. (83) Retail Shopping Uses. Stores and shops selling personal services or goods over a counter. These include the following: antiques, art and school supplies; auto accessories; bakeries; barber shop; beauty parlor; bicycles; books and stationery; candy; cameras and photographical supplies, carnets and rugs; catering establishments; china and glassware; Christmas tree sales; clothes pressing; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances, sales and repair, florist; food; furniture; furrier shops; garden supplies (year round operation only); gifts; hardware; hats; hobby shops for retail of items to be assembled or used away from the premises; household appliances; hotels and apartment hotels; interior decorating; jewelry, including repair; labor- atories, medical and dental research and testing; laundry and dry cleaning pickup, processing to be done elsewhere; laundro;tiat leather goods and luggage; locksmith shops; musical instruments; office supply equipment; optometrists; paint and wall paper; phonograph records; photography studios; service stations;.. restaurant, when no entertainment or dancing is provided; shoes; sporting goods; tailoring; theater, except open air drive -ins; tobacco; toys; variety stores; wearing apparel and similar type uses. 0 '. ..,. 0 (84) Setback. The shortest distance between the front lot line and the foundation wall of a building or the allowable building line as defined by the front yard regulations of this Ordinance. (85) Shopping Center. Any grouping of two or more principal retail uses whether on a single lot or on abutting lots under multiple or single ownership. (86) Shoreland Setback. The minimum horizontal distance between a structure and the normal high water mark. . (87) Sign. A name, identification, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public and which directs attention to a product, place, activity, purpose, institution or business. (88) Sign, Advertising. A sign which directs attention to a busi- ness, commodity, service, activity or entertainment not neces- sarily conducted, sold or offered upon the premises where such a sign is located. (89) Sign, Business. A sign which directs attention to a business or profession or a commodity, service, or entertainment sold or offered upon the premises where such sign is located. (90) Sign, Flashing. Any illuminated sign on which such illumin- ation is not kept stationary or constant in intensity and color at all times when such sign is in use. (91) Sign, Illuminated. Any sign which has characters, letters, figures, design or outlines illuminated by electric lights or luminous tubes as a part of the design. (92) Sign, Nameplate. Any sign which states the name or address or both of the siness or occupant of the lot where the sign is placed. (93) Sign, Rotating. A sign which revolves or rotates on its axis by mechanical means. (94) Sign, Surface Area of. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any strucural elements outside the limits of such sign and not forming an integral part of the display. (Only one side of a double -face or V -type sign structure shall be used in computing total surface area). (95) Special Use. A use which, because of unique characteristics, cannot be classified as a permitted use in any particular dis- trict. After due consideration, in each case, of the impact of such use upon neighboring land and of the public desirability for the particular use at the particular location, a Ap�a4J "Conditional Use Permit" may or may not be granted it granted, the Planning Commission may recommend and the City Council may attach conditions and guarantees upon the zoning district deemed necessary for the protection of the public interest. (96) Stand, Roadside. A structure used only for the display and sale of products with no space for customers within the structure. (97) Story. That portion of the building included between the surface of any floor and the surface of the next floor above it,or, if there is no floor above it, the space between the floor and the ceiling next above it. (98) Story, Half. A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story. (99) Street. Any public or private way set aside as a permanent right -of -way for vehicular access existing at the time of enactment of this ordinance and any such public right -of- way acquired or accepted by the Council after the enactment of this ordinance. (100) Structural Alteration. Any change, other than incidental repairs, which would affect the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations. (101) Structure. Anything erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location. (102) Subdivision. A parcel of land divided into smaller parts such as blocks or lots, or a tract of land which is redivided anew after the first division. (103) Substandard Shoreland Use. Any use of shorelands existing prior to the date of enactment of any ordinance which is permitted within the applicable zoning district but does not meet the minimum lot area and length of water frontage, structure setbacks, or other dimensional standards of the orcii�iu,zce . (104) Townhouses. Townhouses are a single not less than three or more than six the first story at the ground level, or portions of other dwellings direc with each dwelling unit connected to a single party wall with no opening. structure consisting of dwelling units having with no other dwelling tly above or below, the other dwelling by .Each dwelling unit 0 : .1 , 0 shall have a front' and rear entrance. Townhouses shall not exceed two stories in height. (105) Trailer. Any vehicle or structure designed and constructed in such a manner as will permit occupancy thereof as sleep - ing quarters for one or more persons, or the conduct of any business or profession and so designed that it is or may be mounted on wheels or flat bed trucks and moved on highways or city streets, propelled by its own or by other motive power. The word "trailer" shall include trailer coach, mobile home, camp car, camp bus, camper and house car. (106) Trailer Parks. A trailer park, trailer court, camp site, lot, parcel or tract of land designed, Maintained or in- tended for the purpose of supplying a location or accom- modations for any trailer, coach or trailer coaches and upon which any trailer coach or trailer coaches are parked and shall include all buildings,,. used or intended for use as part of the equipment thereof, whether a charge is made for the use of the trailer park and its facilities or not. Trailer Park shall not include automobile or trailer sales lots on which unoccupied trailers or mobile homes are parked for purpose of inspection and sale. (107) Transitional Zoning. The parmitting of a less restrictive use on certain residential lots adjacent to business or manufacturing districts to provide a more satisfactory blending of the two districts. (108) Transportation Terminal. Truck, taxi, air, train, bus, and mass transit terminal and storage area, including motor freight (solid and liquid) terminal, but only if accessory to a principal use permitted in Industrial Districts. (109) Use. The purpose or activity for which the land, structure, or building thereon is designed, arranged or intended or for which it is occupied or maintained. (110) Use, Accessory. A use incidental or accessory to the principal use of a lot or building located on the same lot. as the accessory use. (111) Use, Open. The use of a lot without a building or includ- ing a building incidental to the open use with a ground floor area equal to five (5) percent or less of the area of the lot. (112) Used Auto Parts. The processing, storage, and sale of second hand or used automobile or other vehicle parts, provided such use is established entirely within enclosed buildings. (113) Uses, Non- Conforming. Any use of a building or premises which on the effective date of this ordinance, does not, even though lawfully established, comply with all of the applicable use regulations of the zoning district in which such buildings or premises is located. (114) Veterinary Clinic. Those uses concerned with the diagnosis, treatment, and care of animals, including animal or pet hospitals. (115) Warehousing. The storage an enclosed building as a and crating. of materials or equipment within principal use including packing (116) Waterfront Uses (Residential). Boat docks and storage, fish house, fish cleaning, water recreation equipment and other uses normally incidental to a lakeshore residence, provided such uses are for the exclusive use of the occu- pants and non - =paying guests. (117) Wholesaling (Warehousing). The selling of goods, equip- ment and materials by bulk to another business that in turn sells to the final customer. (118) Yard. An open space on a lot which is unoccupied and un- obstructed from its lowest level to the sky, except as otherwise permitted in this ordinance. (119) Yard, Front. A yard extending along the full width of the front line between side lot lines and extending from the abutting street right -of -way line to the depth required in the setback regulations for the zoning district in which such lot is located. (120) Yard, Rear. That portion of the yard on the same lot with the principal building, located between the rear `gilding line and the rear lot line and extending the full width of the lot. (121) Yard, Side. A yard extending along a side lot line between the front and rear yards to a depth or width required by set- back regulations for the zoning distract in which such lot is located. Section 23.06 Subdivision (d) is amended to read as follows: d. Conforminq Uses In the Multiple Dwelling Use District, unless otherwise pro- vided in this ordinance, no building or premises shall be used, and no building shall hereafter be erected or structurally altered except for one or more of the following uses nor shall any building be erected to a building height of more than three stories or 35 feet. -13- 1. All uses permitted in Sections 23.011 and 23.05. 2. Two - family dwelling. apartmenbo -arid- flats. Section 23.06 is amended to add Subdivisions (e), (f) and (g) which shall read as follows: Subd. (e) Conditional Uses Within any Multiple Dwelling, Multiple Dwelling B or Multiple Dwelling C use district. No structure or land shall be used for the following uses except by Conditional use permit and subject to all the standards and regulations hereafter setforth: 1. Nursing and Rest Homes. Medical hospitals, and clinics, clubs, fraternities and lodges, boarding and lodging houses. 2. Multiple Dwelling Apartments and Townhouses up to three stories in height. 3. An apartment or apartment complex containing 100 units or more under the same ownership, may upon obtaining license therefor as provided by Chapter 38, Part F of these ordinances, operate a grocery store supplying pre- packaged commodities to its own residents, only. Pro- vided, however, the structure, or portion thereof, used for the grocery store shall contain a.retail sales area not to exceed 400 square feet. Provided further, the operation of such store or stores shall be subject to such limitation as imposed by the council as conditioned to the issuance of the said license therefor. 4. l'he- 5tiy- lage- Eet�neil- map- g�ar�t- �c- ^peeial- Bse- Perr,Rit -fer Offices of persons engaged in the engineering, medical, dental, accounting or legal profession or for religious or philanthropic organizations. Before granting a Speeial Conditional Use Permit, the Council shall conduct a public learing after at least 10 days' published notice and written notice to all properties within 300 feet of the property proposed to be used for an office. No Speeial Conditional Permit shall be granted unless the property complies with the following conditions and standards: a. There shall be at least 2,000 square feet of floor area of office space on the main floor. The maximum office space in any structure shall not exceed 6,000 square feet. b. The lot on which the structure is located shall contain at least 40 000 square feet. C. One off - street parking space shall 200 square feet of floor area. A parking spaces The parking ar the standards of this code. be provided -for each detailed }flan with shown shall be made a part of the permit. ea shall be improved in accordance with established in Section 23.30, Subd. (i) d. A landscaping plan shall be presented and incorporated as a part of the Speeial Conditional Use Permit and shall provide for a minimum 10 -foot setback from all parking areas to abutting property lines and shall provide that on the 10 -foot setback shrubbery will be planted and maintained by the occupant of the property. The landscaping plan shall show that at least 30% of the land area will be maintained in open space con- sisting of greenery and shrubbery and will not be used for building, parking or accessory purposes. e. All offices in this use district shall abide by the terms of the special permit to limit truck deliveries to the hours of 8:00 a.m. to 5:00 p.m. each day. f. No outside storage shall be allowed on the premises without the specific consent of the Village Council as stated in the permit. g. Illuminated flashing signs are prohibited. No sign shall be erected which has more than 9 square feet of total area including both sides of the sign if a message is contained on both sides, and the sign shall not extend on to any public right -of -way. No sign shall exceed a height of 5 feet from the ground level where the sign is located. h. Lighting of any parking area shall be accomplished in such a way as to have no direct source of light visible from a public right -of -way or from adjacent properties. i. Prior to occupancy of the structure, approval shall be obtained from the Fire Chief or his designated inspecto2 and from the Building inspector, showing compliance with all Village ordinances and codes. j. The Council may require a traffic circulation plan or the location or relocation of driveways to the property to promote traffic circulation and the health., safety, and general welfare of the community. k. The Council may impose such other conditions and safe- guards in the permit as are deemed necessary to protect the public health, safety and general welfare. (Ord. 313 - 1 -3 -74) Subd. (f) Conditional Use Permit Processing 1. Application: Whenever this Ordinance requires a Conditional Use Permit, an application therefor in writing may shall be filed with the goninc;- Mm4— nistrater City N.ztnager or his designee together with such filing fee as may be established by the Council and shall be accompanied with a site plan and such information and showing as may be necessary or desirable, including but not limited to the following: a. A boundary survey -,certified by registered land surveyors. b. Site plan drawn at scale dimensions with setbacks noted. -15- C. Topographic map. d. Location of all buildings, heights, and square footage. e. Proposed building plans. f. Curb cuts, driveways, parking spaces. g. Off- street loading areas. h. Drainage plan. (detailed) i. Proposed floor plan with use indicated and building elevations. j. Sanitary sewer and water plan with estimated use per day. k. A lighting plan showing the lighting of parking area, walks, security lighting and driveway entrance light. 1. (All the aforestated plans (b through e) shall carry of the stamp of a registered engineer or architect.) m. A landscape plan with a&schedule of the plantings.. "a- [ r7 r� i- -i ; i 'a � 0. /1.4 G�vi�u`. S da ca� c, ,1'` G� %2i"i✓ 2. Referral to Commission: the application and related file shall be referred to the Planning Commission for study concerning the effect of the proposed use on 114A 4_ IV. . �' d A4 ice the Comprehensive Plan and on the character and develop- (1•oZ Vi z, / nt of the neighborhood. * The" Commission shall make oC__ee its recommendation to 'the' Council within sixty (60) days by filing 'the recommendation with the City :Tanager. % w�1 Public Nearing: The City Council shall hold a public /// Vhearing after receiving the recommendation of the Planning Commission. The City Clerk shall cause to be IG, published a notice of public hearing in the official newspaper at least 10 days but not more than 30 days prior to the date of the hearing. �otices of the public hearing shall be mailed to all .�' "a ers of property within 350 feet of the parcel included n the request not less than ten (10) days nor more than thirty (30) days prior to the hearing Failure of a property owner to receive notice shat not invalidate any such proceedin s as set forth wit in this ordinance.. 4. Council Action : (aa) Issuance: In consider' g applAati�(ns for condi --4 t.ior_al permits under this Code, the City Council shall consider the advice and recommendations o Eft the Planning Commission and the effect of the pro posed use upon the health, safety and welfare of occupants of surrounding lands, existing and anti- cipated traffic conditions, including parking faCil- ities on adjacent streets, and the effect on values of property in the surrounding area. If it shall determine by resolution that the proposed use will -16- 6 .. .1 0 not be detrimental to the health, safety or general welfare of the community nor will cause serious. traffic: congestion nor hazard, nor will seriously depreciate surrounding property values, and that the same is in harmony with the general purpose and intent of this Ordinance and the Zoning Code. The Council may grant such permit and may impose conditions and safeguards therein by a favorable vote of a majority of all members of the Council. (bb) Denial: Conditional permits may be denied by mo- tion of the City Council and such motions shall constitute a finding and determination by the Coun- cil that the conditions required for approval do not exist. (cc) Amendment to Conditional Use Permit: The procedure is the same as required for a Conditional Use Permit. Subd. (g) Height, Lot Size,* L'o't Area,* and Parking and Open Space and General R_ etc ui.rements 1. The following minimum requirements shall be observed as hereinafter setf_orth: a. Height shall be limited to three (3) stories or'35 feet. b. Minimum lot width shall be 120 feet and,lot area 22,000 square feet. c. Front yard shall be not less than 30 feet, or 1 1/'2 times the height of the building, whichever is greater. d. Side and rear yards shall be not less than 20 feet or the height of the building, whichever is greater. e. A side or rear yard abutting a street shall be not less than 25 feet or the height.of the building,, whichever is greater. f. All height measurements shall be from the lowest grade level. g. No accessory building shall exceed the height of the principal structure. h. Permitted Encroachments. The following shall be con- sidered as permitted encroachments on setback and height requirements except as herein provided: (1) In any yards: Posts, sills, eaves (2 ft. maximum) eaves, awnings, open canopies, steps, chimneys, flag pole., siOe- walk-1,, and femc;es, except as here-in ame'nJ d. (2) In any yards, steps, exposed ramps for the handi- capped or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than three (3) feet from any lot line nor less than one(1) foot from any existing or proposed access drive. -17- 4 .. 11 16 i. Distance Between Multiple Dwelling Buildings: No building shall be erected closer to any other building than a distance equal to the sum of their respective heights or forty (40) feet, whichever is greater. 2. Lot Area Per Dwelling Unit a. Efficiency Unit and 1 Bedroom - five (5) times minimu --n floor area (2,400 square feet). b. 2 Bedroom - six (6) times minimum floor area (4,560 square feet). C. 3 Bedroom or more - seven (7) times minimum floor area plus 500 square feet for each bedroom over three. d. Minimum lot area average per dwelling - 3,000 sgu e r feet. - Z P'- .' VLV EL%-,d,4 d,i 3. Floor Area Requirements for Dwelling Units: 7Z& a. Efficiency Unit 480 square feet miminum. Ad b. 1 Bedroom Unit 640 square feet minimum c C. 2 Bedroom Unit 760 square feet minimum �. d. 3 or more bedrooms - add 100 square feet per bedroom to requirements for a 2 bedroom unit. 4. Lot Usage a. A maximum of 30% for main or principal structure. b. A minimum of 300 of the lot area shall be green area and landscaped area, this may include all setback areas. C. 40% of the area may be used for parking, driveways, garages, refuse areas, storage areas and other permitted uses. 5. Parking and Sidewalk Requirements for Each Dwelling Unit: a. 2 1/2 spaces per unit, one (1) of which must be in- doors and one and one half (1 1/2) of which may be outdoor parking. b. Indoor parking shall be at least 12 x 22 feet as a minimum size. c. Outdoor parking, shall be at least 10 x 20 feet as a minimum size. d. All driveways and parking aisles shall be at least 25 feet in width. e. All interior driveways, parking areas, loading areas, etc., shall be of blacktop or concrete construction. f. All parking spaces shall be located on the same parcel as the principal structure. g. There shall be no outdoor parking space within twenty (20) feet of any public right -of -way or closer than ten (10) feet from any adjacent lot. h. Interior curbs shall be constructed of concrete to separate driving and parking areas from landscaped areas. The curb design shall be normal sip: (6) inches -18- in height. i. Concrete walkways shall be provided from parking areas, loading zones and recreation areas to the entrances to the principal structure and garages. 6. General Requirements for All Multiple Structures a. The building plan, including the site plan for a multiple dwelling shall be certified by an architect or engineer registered in the State of Minnesota, stating that he has personally viewed the site and has designed the buildings to fit the site as planned and to be harmonious with the neighboring buildings, topography and natural surroundings and in accordance with the purposes and objectives of the Zoning Code. The architect or engineer shall further certify that he has been retained to provide full architectural service, and that he will be available to carry this project through to completion. No special use for a mutltiple dwelling shall be issued until the certificate is provided. On completion of the constru- ction, the supervising architect or engineer shall file a written statement with the Building Inspector certi- fying that; to the best of his knowledge and belief, the construction, including site construction, has been performed in substantial compliance with the plans and specifications as _ approved by the City of Mound. b. The design shall make use of all land contained in the site. All of the site shall be related to the multiple use, either parking, circulation, recreation, landscaping, screening, :building, storage, etc. c. All exterior vertical surfaces shall have the same or equivalent facing material as that used in the front cf the building. d. The drainage of storm waters shall be provided for either on the site or in a public storm sewer. e. Garages shall have the same construction and appearance as the main building. f. Landscaping. A landscaping plan shall be required and approved by the City Council. All required yards shall either be open landscaped and green areas or be left in a natural state. If any yards are to be land- scaped, they shall be landscaped attractively with lawn, trees, shrubs, etc. Any areas left in a natural state shall be properly maintained in a sightly and well -kept condition. Non - Residential yards adjoining any of the RESIDENTIAL Al AND A2 DISTRICTS shall be landscaped with buffer planting screens. Plans of such screens shall be submitted for approval as a part of the site plan and installed prior to issuance of a certificate of occupancy for any tract in the district. -19- g. Open Air Drying of Clothes. Open air drying of clothes shall not be permitted on the grounds of the multiple family dwellings except when the following conditions are met: 1. The areas for open air drying of clothes are specifically drawn on the original site plans. 2. A durable and dustless surface and adequate screen- ing is provided for the entire area to be used for the drying of clothes. h. incinerators and Storage. Any structure or equip- ment for the burning or storing of trash must comply with the regulations of the State Pollution Control Agency. No open storage will be allowed on the site. i. Platting. If more than one building is hereafter per- mitted to be erected upon one parcel of land then the buildings shall be so placed that any future subdivision or conveyance will comply with all set- back and other requirements of the ordinance. j. Screening. If screening is required by the City Council, it shall consist of a fence or ,r*all that complies with City Ordinances, but shall not extend within 15 feet of any street or ingress or egress. The screening shall be placed along property lines or in case of screening along a street, 15 feet from the street right -of -way with landscaping between the screening and the pavement. Planting of a type approved by the City Council shall also be required in addition to or in lieu of fencing. k. Building Design and Construction 1. More than hree ' 3) stories in heig t shal eG �t o'f~' �T,yp_e-- construction as p�r o- vided in said Un{orm Building Co~cieL ./ Efficiency Dwelling Units. No more than twenty (20) percent of the dT elling units in any one building shall be efficiency dwelling units. All Sound: Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a 9- frequency test) of not less than fifty (50) decibels. Door systems between corridors and dwelling units shall be of solid core con- struction and include gaskets and closure plates. Room relationships, hallway designs, door and windor placements and plumbing and ventilating installations shall be such that they assist in the control of sound transmission from unit to unit. -20- • -:;2� A-�_ Projecting Air Conditioning and Heating Units. Air conditioning or heating units projecting through exterior walls or windows shall be so located and designed that they neither un- necessarily generate or transmit sound nor disrupt the architectural amenities of the building. Units projecting more than four (4) inches beyond the exterior finish of a building wall shall be permitted only with the written consent of the Building Inspector, which shall be given only when building structural systems prevent compliance. .. Elevators: Any multiple residence building of three (3) stories or- shall be equipped with at least one public elevator. 1. Bond. For any required screening, landscaping or other improvements, the City Council may request that any applicant file with the Clerk a bona or other financial guarantee in the amount of one and one - quarter times the Engineer's estimate of the cost of the required improvement. m. After approval of the Conditional Use Permit the applicant, owner or developer,.before commencing any work or obtaining any building permits shall make a minimum cash.deposit of $250. The council shall establish the amount required for deposit at- the time the permit is approved and this deposit shall be held in a special Developer's Escrow Account and shall be credited to the said applicant, owner or developer. Engineering and legal expenses in- curred by the City of Mound in plan approval, office and field checking, checking and setting grade and drainage requirements, general supervisions, staking, inspection, drafting as -built drawings and all other engineering services performed in the processing of said development, and all administrative and legal expenses in examining title to the property and in reviewing or preparing all documents for the land being developed shall be charged to the aforementioned account and shall be credited to the City of Mound for the payment of these expenses. If at any time it appears that a deficit will occur in any Developer's Escrow Account as determined by the City Engineer and /or the City Attorney, said officials shall recommend to the Council that an additional deposit is required and the Council may require that the applicant, owner or developer shall deposit additional funds in the Developer's Escrow Account. -21- The City Engineer and City Attorney shall itemize all services and materials billed to any Developer's Escrow Account. The applicant, owner or developer making the deposit(s) in the Developer's Escrow Account shall be furnished a copy of said itemized charges and any balance remaining in the account upon completing the project shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid. 7. Determination of Conformity. Before any building permit is approved for a multiple dwelling the City Council upon recommendation of the Building Inspector shall determine whether the proposed use will conform to the performance - standards. The developer or landowner shall supply data necessary to demonstrate such conformance. Such data may include description of equipment to be used, hours of operation, method of refuse disposal, type and location of exterior storage, etc. It may occasionally be necessary for a developer or business to employ a specialized consultant to demonstrate that a given use will not exceed the performance standards. 8. Performance Standards. Performance Standards established in this section are designed to encourage a high standard of development by providing assurance that neighboring lard uses will be compatible. The performance standards are also designed to prevent and eliminate those conditions that may cause or result in urban blight. All future develop- ments shall be required to meet these standards. The standards shall also apply to existing developments where so stated. The City Manager shall be responsible for enforcing these standards and may require the submission of information showing compliance or noncompliance with these standards. Section 23.061 Subdivison (d) is amended to read as follows: Subd. (d) d. Conforming Uses In the Multiple Dwelling.Use District "B ", unless otherwise provided in this ordinance, no building shall be erected ta- a- balding - kegi�� -af- mere- tl3ax -twe -stems yes er -�0- feet - trot- sI=rall- airy- bui•1d�rr:g- �ra�re- less-- tkax -g8 - feet -nor -More - tharr -66 -feet - front -yard - aet -baek -nar shall -there -be- less- therrr -5; 600- square- feet -o�= -lot -area per- fattti•ly- awc1ling -unit ; - nor - shale- arty - building -be t�se�?- <�r=- herr_�xfte? - er-eacec or structurally altered except for one or more of the following uses: 1. All uses permitted in Sections 23.011, 23.05 and 23.06. 2. Two - family dwellings. -22- 0 Section 23.061 is amended to add Subdivision (e) - - - - which shall - read as follows: Subd. (e) e. Conditional Uses 1. All uses allowed and subject to all standards, conditions and regulations contained in Section 23.06 Subdivisions (e) (f) and (g) . 2. Townhouses subject to all conditions and standards in Section 23.06 Subdivisions (e) (f) and (g) except as hereinafter modified may be permitted upon securing a Conditional Use Permit from the Council upon recommendation of the Planning Commission and subject to the following additional standards: (aa) Townhouses are defined as a single structure consisting of not less than three or more than six dwelling units having the first story at the ground level, with no other dwelling or portions of other dwellings directly above or below, with each dwelling unit connected to the other dwelling by a single party wall with no opening. Each dwelling unit shall have a front and rear entrance. (.bb) Townhouses shall not exceed two stories in height. (cc) The required land area for each townhouse unit shall be: 3 units — 5000 square feet of land per unit. 4 units - 4500 square feet of land per unit. 5 units - 4000 square feet of land per unit. 6 units - 4000 square feet of land per unit. (dd) The minimum required floor area per townhouse unit shall be as follows: ft.) (add 90,sq. ft. *1 1/2 Story 2 Story 1 Bedroom 760 sq. ft. above grade 600 sq. ft. per floo 2 Bedroom. 880 sq. ft. above grade 690 sq. ft. per floo 3 Bedroom 960 sq. ft. above grade 780 sq. ft. per floo Each Add'1 Bedroom (add 120 sq. ft.) (add 90,sq. ft. per floo All townhouses shall have at least one bedroom (ee) Townhouses shall have the following required setbacks and off street parking: Front yard - 30 feet - the structure may project 2 feet into front yard above first floor ceiling level Side yard - at least 20 feet on each side of the main structure. Rear yard - at least 20 feet Off street parking - 2 per unit, at least one of which shall be indoors. If the indoor parking is a part of the main structure and is set back at least 25 feet, and has an individual driveway for each unit, one off street parking space may be credited for the portion of the driveway which shall be set back at least 5 feet from the public right -of --way. No individual driveway shall be any closer than 2 feet from another individual driveway. Any off street parking located other than within the front yard area described above and serving more than one dwelling unit shall not be located closer than 10 feet from the principal structure. (gg) No more than one townhouse shall be located on any one platted lot, if more than one platted lot is used for said construction the owner shall be required to replat said lots in accordance with Chapter 22 of the village City Code. The Council may waive said replatting requirements upon recomm- endation of the Planning Commission and upon. receipt of a signed statement from the owners combining said lots into one buildable parcel, said combination to ' filed with.the County Auditor and taxed as one parcel (hh) Individual townhouse units may be conveyed or ownership transferred if copies of articles of incorporation, association by -laws, or other covenan' are presented to the Village Council and said docu- ments setting forth conditions for transfer are approved by the village Council. Such approval shall not be given until the aforesaid documents shall be filed with the Regiaber- of-Deeds County Recorder or the Registrar of Titles and all future owners of townhouses or units in the individual townhouse shall be boun= by the conditions and covenants set forth in said documents. A certified copy of the documents filed with the Register- -e-f Deeds County Recorder or the Registrar of Titles shall be filed Village City Clerk. Section 23.062 is amended to read as follows: Subd. (d) d. Conforming Uses I3� ti ?;_. •.t:._t' -L�l�_ DwLlling Ur.. District "C ", un)_e..s otherwise provided in this ordinance, no buildings or premises shall be used, and no building shall. be hereafter erected or structurally altered except for one or more of the following uses: 1. Any use permitted in Section 23.06 and 23.061. 2. Two- family dwellings. -24- i { i 9 Section 23.062 is amended to add Subdivision (e) which shall read as follows: Subd. (e) Conditional Uses 1. All uses allowed and subject to all standards, conditions and regulations contained in Section 23.06 Subdivisions (e) (f) and (g) . 2. Townhouses subject to all standards, and regulations setforth in Section divisions (e) Subsection (2). Section 23.32 Subdivisions (c) and (d) are amended to conditions 1 23.061 Sub- read & follows: Subd. Cc) c. In the Residential Use District B, and-4:n-the-Multiple Dwell ing- Hoe-Di - Multiple- BwelIing -Use Blstrlet -b; -there - shall -be -a- side - -yard- air - eaeh -5:ide ef- the- dtiaelling- bulldin�x ; -iri --the- ease- ef- a- bttile�ing greater- than -two - an& -ene -half - stories -ire- height; -a rz ©t- less - than - twenty- €eet; -ar3rl there shall be a side yard on one side not less than ten percent of the lot width and on the other side not less than fifteen per- cent and provided that one such side yard shall be not less than eight feet wide in.the case of* buildings less than two and one -half stories in height. If a single family dwelling is built in a Residential Use District B or in a Multiple Dwelling Use District,-or Multiple Dwelling Use District B, containing less than 9600 square feet, there shall be a minimum side yard set back on each side of the building of ten percent of the lot width or 6 feet, whichever is greater. d. Public and semi- public buildings.such as schools, churches, libraries, etc., in any Residential Al or A2 Use District er -iz3- any - Multiple- Bwelrirte� -Use Bistriet shall have two yards of not less than twenty - five feet each. Section 23.60 is hereby added to the City Code and shall read as follows: It is hereby affirmed as essential public policy that the visual standards, aesthetics and appearance of this community is a proper matter for public concern, and that all open spaces, buildings, signs,plantings, surfaces, and structures which may be seen from the public ways and water bodies are subject to the provisions of this ordinance. Performance Standards - The performance standards established in this section are designed to encourage a high standard or development by providing assurance that neighboring land uses will be compatible. The performance standards are also designed to prevent and eliminate those conditions that cause urban blight. Al? future development shall be required to meet these standards. The standards shall also apply to existing development where so stated. The City Manager shall be responsible for enforcing the standards. 1. Exterior Storage a. T�Wk'.esidei,tial, Districts. materials and equipment sl�fll be stored within a bu1__ing or fully screened so as not to be visible from adjoining properties, except for the following: Laundry drying and recreational equipment, construction and landscaping materials and equipment currently (within a period of 12 months) being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises. b. In All Districts. The City Council may require a Conditional Use Permit for any exterior storage if it is demonstrated that such storage is a hazard to the public health, safety, convenience, morals, or has a depreciating effect upon nearby property values, or impairs scenic views or constitutes threat to living amenities. ✓� +Y 2. Refuse � � a. In Districts. All waste material, debris, refuse, or garbage shall be kept in an enclosed building or property contained in a closed container designed for such purposes and housed in a refuse enclosure or within a building. Refuse enclosures are to be constructed of material in such a way that they would be at least seventy -five (75) percent solid and should have a concrete floor_ The owner of the vacant land shall be responsible for keeping such land free of refuse and weeds. Existing uses shall comply with this provision within six (6) months following enactment of this Ordinance. Passenger vehicles and trucks in an inoperative state shall not be parked in residential districts for a period exceeding ninety -six (96) hours; inoperative shall mean incapable of movement under their own power. All exterior storage not included as a per- muted accessory use, a permitted use, or included as part of a Conditional Use Permit, or otherwise per- mitted by provisions of this Ordinance shall be considered as refuse. b. Incinerators. Per Chapter 7, Minnesota Pollution Control Agency, Minnesota State Regulations. Latest Revision. 3. Screening a. Screening shall be required in residential zones where (a) any off street parking area contains more than four parking spaces and is within 30 feet of an adjoining residential zone, and (b) where the driveway to a parking area of more than six (6) parking spaces J. �l , i �_ E ?�' c), an ad vii; ing rc' ; i Clo-itt:t.a1 1..' : or zone. b. where any business or industrial use (structure, parking, or storage) is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, parking lot, or industry is across the street -26- C. W e. • w from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Building Inspector). All exterior storage shall be screened. The exceptions are: (a) merchandise being displayed for sale, (b) materials and equipment being used for construction on premises, and (c) merchandise located on service pump islands. The screening required in this section shall consist of a fence or wall not less than five feet high in the rear or side yard and 42 inches in the front yard, but shall not extend within 15 feet of any street. The screening shall be placed along property lines or in case of screening along a street, 15 feet from the street right -of -way with landscaping between the screening along a street, 15 feet from the street right -of -way with landscaping between the screening and the pavement. A fence shall block direct vision. Planting of a type approved by the Planning Commission may also be required in addition to or in lieu of fencin Landscaping. In all multiple dwelling, zoning districts the lot area remaining after providing for off - street parking, sidewalks, driveways, building site and other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. 4. Glare Any lighting used to illuminate an off - street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky - reflected glare, where.from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right - of -way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on residential-property shall not exceed 0.4 foot candles (meter reading) as measured from said property. 5. Drainage No land shall be developed and no use shall be permitted tha results in water run-off, causing flooding, erosion, or deposit of minerals on adjacent properties. Such run- off shall be properly channeled into a storm drain, water course, ponding area, or other approved public facilities. 111 -7 6. Radiation and Electrical Emissions All activities of this nature shall comply with the regulations set forth by the State Department of Health and the State Pollution Control Agency. 7. Other Nuisance Characteristics No noise, odors, vibrations, smolce, air pollution, liquid or solid wastes, heat, glare, dust, noxious matter, or other such adverse influences shall be permitted in any district that will exceed permitted levels established by the State Department of Health or the State Pollution Control Agency or by this code. 8. Animals Non - domestic animals shall not be allowed in any Zoning Use District without a special use permit. The City Council may order the owner of any animals to apply for a Special Use Permit if it is deemed to be in the interest of the public health, safety or general welfare. 9. Lake Frontage Lots. All lots having frontage on a body of water shall be governed in the following manner: 1. No building shall be located within fifty (50) feet of the average waterline, and land between land and lake must be landscaped. 2. Waterfront uses shall be maintained in a safe, orderly, and efficient manner that presents a good appearance from the water. The City Council may require the owners of lakeshore lots to secure a special use permit if deemed necessary to protect lake frontage from adverse conditions affecting the public. cw%z i Section 23.061 Subdivision (d) Subsections (3) Subdivision (ff) is. hereby repealed. Section 23.062 Subdivision (d) Subsections (3) (4) (5) and (6) are hereby repealed. Section 23.34 Subdivision 1 Subsections (d) and (e) are hereby repealed. Mayor Attest City Clerk Recommended to City Council by Planning Commission 1975 Public Hearing Held Adopted by City Council Published in Official Newspaper _ 29