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1995-12-12 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, DECEMBER 12, 1995, 7:30 PM CITY COUNCIL CHAMBERS PAGE 1. PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE NOVEMBER 28, 1995 REGULAR MEETING, THE DECEMBER 6, 1995 TRUTH IN TAXATION (BUDGET MEETING) ............................. 3445-3452 3. ~PUBLIC HEARING: TO CONSIDER THE ISSUANCE OF A ~L)CONDITIONAL USE PERMIT TO ALLOW FOR A WARMING ~, HOUSE AND TWO OUTDOOR SKATING RINKS ON PROPERTY t- ASSOCIATED WITH A PUBLIC SCHOOL AT 5600 LYNWOOD BLVD. ... 3453-3463 CASE #95-49: GERALD AND CATHERINE PALEN, 6545 BARTLETT BLVD., LOT 18, HALSTEAD HEIGHTS, PID #22-117-24 44 0033. VARIANCE FOR A GARAGE ............................... 3464-3485 5. (~ RESOLUTION APPROVING THE 1996 BUDGET AND TAX LEVY \.4 Y/FOR 1996 (REVISED PAGES AND RESOLUTION WILL BE HANDED OUT AT TUESDAY'S MEETING) ..................................... APPROVAL OF PERMANENT EASEMENT AND AUTHORIZING MAYOR AND CITY MANAGER TO SIGN AND EXECUTE EASEMENT AGREEMENT RE: COSSETTE PROPERTY/GLASS PLUS PROPERTY, 5533 SHORELINE DRIVE - AUDITOR'S ROAD IMPROVEMENT PROJECT (HANDOUTS WILL BE PROVIDED AT TUESDAY'S MEETING) ............. : ........................... {? 7. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ................. APPROVAL OF AN ORDINANCE GOVERNING TELE- COMMUNICATIONS OR RELATED SERVICES IN THE PUBLIC GROUND OF THE CITY OF MOUND ..................... 3486-3494 3442 SET BID OPENING RE: FIRE TANKER APPARATUS MODIFICATION. SUGGESTED DATE: DECEMBER 27, 1995, 11 AM ........................ 10. I'~ APPROVAL OF PAYMENT REQUEST NO. 2, MOUND/ {y~ MINNETRISTA PUBLIC WORKS MATERIAL STORAGE PROJECT TO IMPERIAL DEVELOPERS IN THE AMOUNT OF $44,014.23 ................................. 3495-3498 · APPROVAL OF PAYMENT REQUEST FROM SUMMER HILL TREE FARM, MOUND/MINNETRISTA PUBLIC WORKS MATERIAL STORAGE PROJECT ............................. 3499-3502 PAYMENT OF BILLS ..................................... 3503-3519 INFORMATION/MISCELLANEOUS A. DEPARTMENT HEAD MONTHLY REPORTS FOR NOVEMBER 1995 .................................. 3520-3542 MEMO FROM MINNEHAHA CREEK WATERSHED DISTRICT RE: NEW LOCATION AT FRESHWATER FOUNDATION ..................................... 3543-3544 D. PLANNING COMMISSION MINUTES OF 11-27-95 ............. 3545-3549 LETTER DATED 11/29/95 FROM MIKE OPAT, HENNEPIN COUNTY COMMISSIONER, REGARDING OUR LETTER SUPPORTING CONTINUED FUNDING FOR SENIOR COMMUNITY SERVICES. HENNEPIN COUNTY WAYS AND MEANS COMMI~-rEE APPROVED A 1996 BUDGET AMENDMENT THAT WILL RESTORE $66,831 TO THE SENIOR COMMUNITY SERVICES CONTRACT .............. 3550 MEMO DATED DECEMBER 5, 1995 FROM BEN WITHHART, SENIOR COMMUNITY SERVICES THANKING US FOR CONTACTING THE COUNTY BOARD RE: CONTINUED SENIOR SERVICES SUPPORT ............................... 3551 3443 REMINDER: DECEMBER 13, 1995 - CONTINUED BUDGET HEARING HAS BEEN CANCELLED DUE TO COUNCIL'S DIRECTION AT THE DECEMBER 6, 1995 TRUTH IN TAXATION HEARING ............ REMINDER: SECOND COUNCIL MEETING OF DECEMBER CHANGED FROM 12-26 TO 12-19, 7:30 PM ....................... REMINDER: MAYOR POLSTON AND COUNCILMEMBER JENSEN WILL BE ATTENDING A WORKSHOP ON WESTONKA COMMUNITY CENTER SCHEDULED FOR DECEMBER 14TH, 7:30 PM, COMMUNITY CENTER ............... MEMO DATED 12/6/95 FROM LEAGUE OF MINNESOTA CITIES REGARDING APPOINTMENTS TO THE 1996 NATIONAL LEAGUE OF CITIES (NLC) POLICY AND STEERING COMMITTEES. IF YOU ARE INTERESTED IN BEING APPOINTED, PLEASE CONTACT LINDA AS SOON AS POSSIBLE ......................... 3552-3553 3444 CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 December 11, 1995 TO: MAYOR AND CITY COUNCIL FROM: ED SHUKLE, CITY MANAGER SUBJECT: REVISIONS TO 1996 BUDGET Pursuant to your discussion of the 1996 Budget at the December 6, 1995 Truth in Taxation Hearing, attached you will find the changes discussed and ready for approval at the regular meeting of December 12, 1995. The changes include the following: Reducing the expenditures in the General Fund by $22,990. We adjusted the insurance line items for Worker's Compensation and General Liability insurance, and shifted the computer purchase, under the Computer Department, into the Capital Improvement Fund. We also removed $15,000 for a play structure from the Capital Improvement Fund. This saves $12,650 in the Capital Improvement Fund after you pay for the $2,350 for computer equipment mentioned in #1. 3. Removed $7,000 as educational incentive for the PhD program for the police chief. Reduced the Capital Outlay for computers for the City Manager/Clerk Department and the Planning and Inspections Department by $500 each, for a savings of $1000. Reduced the proposed charge for Recycling by 50 cents, to leave it as $1.50 per household per month. We will be making sure we will include the revenue from clean up days to be part of the sale of recyclables. In addition we will look at increasing the fees that we charge for the certain types of clean up services. We have adjusted the Liquor Store Budget to r~flect the addition of $2000 to assist the Westonka Professional and Retail Council in the purchase of banners in downtown Mound. pr~nted on recycled paper Memo to Council December 11, 1995 Page 2 We have removed $1500 from the Capital Improvement Fund for the skating rink improvements. This summarizes the changes in the proposed budget. Attached is a resolution approving the Budget and setting the tax levY. I want to thank the Mayor and City Council for their time and effort spent in analyzing the 1996 Proposed Budget. You all spent a great deal of time reviewing and studying the data, asking questions, making suggestions, etc. Through this effort I think we have realized that the budget has been scrutinized to the point where it is a very realistic tool for us to use in guiding the delivery of municipal services for the' 1996 budget year. ES:Is City Council Minutes November 28, 1995 MINUTES - MOUND CITY COUNCIL - NOVEMBER 28, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 28, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Phyllis Jessen, City Engineer John Cameron, City Attorney Curt Pearson, City Manager Ed Shukle and Acting City Clerk Linda Strong. The following interested citizens were also present: Brian and Debi Schultz, Tracy Ingram, Dan Thurlo, Chris Bull, Mike Rogers, Nathan Jasche, Ryan O'Connor, Michael O'Connor, Robert and Linda Berger, William Bull, Ben Hunt and Mark Thurlo. PLEDGE OF ALLEGIANCE Mayor Polston introduced Cub Scout Den 7 of Pack 297. The Scouts led the Pledge of Allegiance. RECYCLOTTO WINNER Mayor Polston announced that William Brickzen had won 50 Westonka Dollars for having his recycling on the curb by 7 am, the week of November 20, 1995. 1.1 APPROVE THE MINUTES OF THE NOVEMBER 14, 1995 REGULAR MEETING, THE NOVEMBER 21, 1995 COMMH-i'EE OF THE WHOLE MEETING, AND THE MINUTES OF THE OCTOBER 24, 1995 CITY COUNCIL MEETING WITH VERBATIM COVERAGE OF REQUESTED ITEM. Mayor Polston began with the Minutes of the November 14, 1995 regular meeting, asking for approval or comments. MOTION by Hanus, seconded by Jensen and carried unanimously to approve the Minutes of the November 14, 1995 regular City Council meeting. The Mayor continued with the Minutes of the Committee of the Whole from November 20, 1995, asking for approval or comments. MOTION by Ahrens, seconded by Jessen to approve the Minutes of the Committee of the Whole meeting of November 20, 1995. The vote carried. Councilmember Jensen abstained as she was not present at this meeting. City Council Minutes November 28, 1995 The Mayor finished with the Minutes of the October 24, 1995 regular meeting with verbatim coverage of a requested item. Councilmember Jensen had one word change, and Council agreed to delete the summary following the verbatim coverage. MOTION by Jensen, seconded by Ahrens and carried unanimously to approve the Minutes of the October 24, 1995 regular City Council meeting and the verbatim coverage of a requested item, as amended. 1.2 CONTINUED DISCUSSION:.. PETITION FOR LOCAL IMPROVEMENT XXXX KILDARE ROAD, LOTS 21, 22, 23, 24, 25 & 26, BLOCK 11, SETON, PID'S 19- 117-23-22-0036 THRU 0041. (STREET WITH CURB, GUTTER, WATER AND SEWER). Mayor Polston introduced Tracy Ingram, realtor for the owners of property along the unimproved Kildare Road. Ingram stated his client had questions regarding the results of a feasibility study and what would happen after it was completed. Mayor Polston restated the fact that there are two property owners, one with 6 lots and one with two lots along the unimproved road and the owner with the 6 lots does not want the improvement or the costs and that owner did not sign the petition. The owner not wanting the improvement would have the largest assessment. This was the reason this road was not improved in 1978. Mayor Polston suggested they work it out with the non interested owner. City Attorney Curt Pearson listed the process regarding what would take place: 2. 3. 4. The Council would direct a feasibility study to be done. If the Council accepts the feasibility study, they order a public hearing. The public hearing date is published in The Laker. Notices are mailed to all of the affected property owners informing them of the proposed improvement and inviting them to the public hearing. The public hearing is held ~ 6. The City Council makes their determination. If the petition represented-less than 35%, ~. nrn ...,'.r.~ d~..~irino the irn~)rQvemeat, a 4/5.vote of the council is ~.e~ired. If more than 35% el-the pr. op~r,y ,.,-w,,~,o. nave pe[mone(~ ~ irni~rovement, it requires 3/5 ~3te. However, without the proper right-of-way, the /' Ciiy would have to consider/condemnation if the non approving property owner / would not grant an easemer~t or negotiate the sale of an easement. [7. If all this worked out positiv,~ly, and the street improvement happened with water, / sewer and curb, there wc/uld be a second public hearing for the assessments, ~ costs and how~,~.~t~.~.~ho~,~ be paid. The non approving property owner could then \ appeal the-t~rx assessrC~ht. _ /_ ,~__j~~~ 2 City Council Minutes November 28, 1995 The council would like to avoid possible confrontations. John Cameron stated the 35% meant the amount of property frontage and the applicants do not have 35%. Ingram stated that the other frontage property owners to the south have no desire to improve this road. MOTION by Ahrens, seconded by Hanus to continue this item until 12-12-95 should the applicants desire to request and pay for a feasibility study. The vote was carried unanimously. 1.3 CASE #95-51: BART ROEGLIN FOR IRENE MCKINNEY, 2068 BELLAIRE LANE, LOT 58, MOUND ADDITION, PID 14-117-24 41 0031. VARIANCE FOR PORCH. City Manager Ed Shukle stated the owner had applied for a variance to recognize an existing nonconforming side yard setback of 4.3 feet to the north side, resulting in a 1.7 foot variance, in order to construct a conform lng screen porch on top of an existing deck. The nonconforming setback was previously recognized by Resolution #87-201. Staff and Planning Commission recommend approval. Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution: RESOLUTION #95-119 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING SCREENED PORCH AT 2068 BELLAIRE LANE, LOT 58, MOUND ADDITION, PID 14-117-24 41 0031, PZ #95-51 The vote was unanimously in favor. Resolution passed. 1.4 APPROVAL OF PERMITS FOR WINTERFEST 1996. City Manager Ed Shukle stated that Bob Bittle had previously discussed with the Council the Winterfest 1996. The Lions were now applying for the Temporary On Sale Non Intoxicating Malt Liquor Permit and a sign permit. The event will be January 12-14, 1996. MOTION by Polston, seconded by Ahrens and carried unanimously to approve the Temporary On Sale Non Intoxicating Malt Liquor Permit and the Sign Permit for the Lions Winterfest 1996 to be held January 12-14, 1996. 3 City Council Minutes November 28, 1995 1.5 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Mayor Polston asked if there was anyone present who had comments or suggestions. He asked the boy scouts if they had any questions regarding how the Council worked. They had a few questions: How does the City get money? What does the Mayor do? 1.6 PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $111,545.49, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.7 INFORMATION/MISCELLANEOUS A. FINANCIAL REPORT FOR OCTOBER 1995 AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. PLANNING COMMISSION MINUTES OF NOVEMBER 13, 1995. REMINDER: ANNUAL CHRISTMAS PARTY, FRIDAY, DECEMBER 8, 1995. PLEASE RSVP TO LINDA BY DECEMBER 1. Do REMINDER: BUDGET HEARING, WEDNESDAY, DECEMBER 6, 1995, 7:30 P.M. REMINDER: CONTINUED BUDGET HEARING, IF NECESSARY, WEDNESDAY, DECEMBER 13, 1995, 7:30 P.M. Fo REMINDER: SECOND COUNCIL MEETING OF DECEMBER CHANGED FROM DECEMBER 26 TO DECEMBER 19, 7:30 P.M. Go ENCLOSED IS A MEMORANDUM DATED OCTOBER 2, 1995 FROM COUNClLMEMBER MARK HANUS REGARDING INFORMATION HE HAS SHARED WITH THE PLANNING COMMISSION AS IT RELATES TO HIS ROLE AS A COUNCIL LIAISON. HE ASKED ME TO INCLUDE THIS IN THE PACKET FOR NOVEMBER 28, 1995. The Council discussed item G and decided to leave it as written as Councilmember Hanus' definition of Planning Commission liaison. 4 City Council Minutes November 28, 1995 MOTION by khrens, seconded by Jensen and carried unanimously to adjourn the meeting at 8:37 pm. Attest: Acting City Clerk City Manager 5 Mound City Council Minutes December 6, 1995 MINUTES OF CITY COUNCIL MEETING - TRUTH IN TAXATION HEARING DECEMBER 6, 1995, 7:30 PM The City Council of Mound, Hennepin County, Minnesota, met in special session on Wednesday, December 6, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in ~d City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus and Liz Jensen. Absent and excused: Couneilmember Phyllis Jessen. The following Department Heads were also present: Finance Director Gino Businaro, Police Chief Len Harrell, Building Official Jon Sutherland, Parks Director Jim Fackler, Public Works Superintendent Greg Skinner, Liquor Store Manager Joel Kmmm, Fire Chief Steve Erickson and City Manager Ed Shukle and Acting City Clerk Linda Strong. The Mayor opened the public hearing and asked the City Manager to review the 1996 proposed budget comments and to explain the purpose of the Truth in Taxation hearing. City Manager Ed Shukle reviewed the budget process, that he had met with all of the Department Heads prior to the budget preparation. He explained the purpose of the Truth in Taxation hearing was to allow residents to come before the Council with their comments regarding the proposed levy and budget that the City has prepared for 1996. Finance Director Gino Businaro discussed with the Council the impact of the levy on the property tax for Mound residents, tax distribution by the government and tax capacity and percentages for various property values. 1996 BUDGET DISCUSSION Mayor Polston asked the Council if they had any specific questions for the Department Heads. There were none at that time. The Council had asked the City Manager and the Finance Director to reduce the expenditures by $22,990, to balance the revenues and expenditures so there would not be a decrease or increase in the fund balance as proposed. City Manager Ed Shukle referred to documentation prepared by Gino Businaro, Finance Director, showing a reduction in general liability insurance and worker's compensation insurance premiums, which reduced the various departments' line items of these insurances in the amount of $21,040. In addition, $2,350 was moved out of Computer Capital Outlay in General Fund and shifted to the Capital Improvement Fund resulting in a savings of $23,390. City Manager Ed Shukle then referred to his memo regarding eight specific items the Council had requested being looked into for possible changes. The following are the eight items with the Council's decision on them: Mound City Council Minutes December 6, 1995 Educational incentive for the PhD program for the Police Chief. The amount of $7000 was deleted from the 1996 Budget. Keeping City Hall open one night a week. The regular work schedule of 8 - 4:30 pm will not change in 1996. Reduction of one Community Service Officer Position. Both positions will remain in 1996. The Council requested seeing a log kept by the CSO's as to their activities. Reducing the Capital Outlay for Computers in the City Manager/Clerk Department and the Planning Innpection Department by $500 each. The budget for 1996 will be reduced by $1000. Not increasing the Recycling Charge by 50 cents as proposed and to leave it as $1.50 per household. The consensus of the Council was to adjust accounting practices to reflect all revenue collected from Recycling days and other recycling activities. Recommendation was to raise the fees on the special recycling days to cover the costs and not to raise every household by 50 cents. Depot Improvements. The City Manager will continue meeting with the Westonka Historical Society and collecting estimates. Adding $2000 back into the Budget to assist the Westonka Professional and Retail Council in the purchase of banners for downtown Mound. Consensus was to budget this item from the Liquor fund as it is a business within the community. To cut $1500 from the Capital Improvement Fund for skating rink improvements. This item was removed from the 1996 budget. Also cut from the 1996 budget was $15,000 in capital improvements for a play structure. City Manager Ed Shukle stated the appropriate pages/funds would be adjusted to reflect the Council's decisions. The budget resolution and new budget page inserts will be provided to the Council at the December 12, 1995 regular meeting for Council approval. The continued heating meeting of Wednesday, December 13, 1995, as scheduled, will be canceled. Mayor Polston closed the public hearing. 2 Mound City Council Minutes December 6, 1995 EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR THE KNIGHTS OF COLUMBUS//6005 City Manager Ed Shukle stated the Knights of Columbus have applied for an exemption from obtaining a lawful gambling license to hold a raffle on Saturday, December 10, 1995 and for bingo on March 16, 1996. MOTION by Ahrens, seconded by Jensen and carried unonimously to approve the application for an exemption to obtain a lawful gambling license to hold a raffle on December 10, 1995 and bingo on March 16, 1996. FLACK vs. CITY OF MOUND CASE City Manager Ed Shukle stated there was documentation given to the Council regarding this case. Consensus was to discuss this with the City Attorney at the regular meeting on December 12, 1995. MOTION by Hanus, seconded by Jensen and carried unanimously to adjourn the meeting. The meeting was adjourned at 10:05 PM. City Manager Attest: Acting City Clerk 3 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW FOR A WARMING HOUSE AND TWO OUTDOOR SKATING RINKS WITH LIGHTS ON PROPERTY ASSOCIATED WITH A PUBLIC SCHOOL AT 5600 LYNWOOD BLVD. P&Z CASE #95-52 WHEREAS, Independent School District #277 and the Mound Hockey -/~sociation have applied for a Conditional Use Permit to allow for a 15' x 21' warming house, an outdoor hockey rink, an outdoor recreational skating rink, and lights for the hockey rink to be located on school property at 5600 Lynwood Blvd., just west of the Pond Arena, and; ~'""~HEREAS, the Mound Zoning Ordinance regulates public schools and related facilities by Conditional Use Permit, and; WHEREAS, the subject property is located in the B-1 Central Business Zoning District, and; WHEREAS, all the proposed facilities will remain on the site year-round, even- though the warming house will not be placed on a permanent foundation in order to allow it to be relocated in the future, if necessary, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the conditions as recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City Council does hereby approve a Conditional Use Permit to allow installation of a lighted hockey rink, a free skating area, and a warming house, subject to the following conditions: Facilities shall comply with all applicable building and fire codes~ Lighting shall be installed in a manner that will not impact adjacent residential properties. ~Prior to inst"affa~on .of~'t~li~, the applicant shall submit a lumen ~lan showing lighting that is contained on the school district property.i Proposed Resolution Hockey, #95-52 P. 2 0 t This Conditional Use Permit is granted for the following legally described property: Metes and Bounds, Unplatted 14-117-24. PID #14-117-24 41 0058. LEGAL DESCRIPTION NEEDS TO BE CLARIFIED BY APPLICANT. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-062O PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 95-52 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW FOR A WARMING HOUSE AND TWO OUTDOOR SKATING RINKS WITH LIGHTS ON PROPERTY ASSOCIATED WITH A PUBLIC SCHOOL AT AT 5600 LYNWOOD BLVD. NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, December 12, 199,~ to consider the issuance of a conditional use permit to allow for two outdoor skating rinks with lighting and a warming house on property associated with a public school at 5600 Lynwood Blvd. (west of the Pond Arena). The subject property is legally described as follows: Metes and Bounds, Unplatted 14-117-24. PID #14-117-24 41 0058. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. gg-y J~r~s: ~lannin~ Secretary Mailed to property owners within 350' by December 1 1995, and published in "The Laker" on November 27, 1995. ' ~ printed on recycled paper 5 l'~~,~ MINUTES OF A MF ETING OF THE MOUND ADVISORY PLANNING COMMISSION NOVEMBER 13, 1995 CASE ~95-52: MOUND HOCKEYASSOC!aTION /WESTONKAPUBLIC SCHOOLS, 5600 L__YNN_ OOD BLVD. t M&Bt UNPLATTEDt PID 14-117-24 41 0058. CONDITIO_Iff~L USE P_~MIT FOR N~MING HOUSE. Chair Michael opened the public hearing. There was no one present to speak on the issue, Chair Michael closed the public hearing. Concern was expressed that the applicant and no residents were present. Staff confirmed that all residents within 350 feet received a notice for the hearing. City Planner, Mark Koegler, reviewed the applicant's request for a conditional use permit to install a hockey rink, a warming house, a free skating area, and lighting for the hockey rink. The hockey rink was used last year. The warming house will be constructed on skids to allow it to be relocated in the future, if necessary. The proposed improvements are considered to be part of the school complex since they are being constructed on school property, and therefore the issuance of a conditional use permit is required. Staff recommended that the Planning Commission recommend approval of a conditional use permit to allow installation of a lighted hockey rink, a free skating area and a warming house subject to the following conditions: 1. Facilities shall comply with all applicable building and fire codes. 2. Lighting shall be installed in a manner that will not impact adjacent residential properties. Prior to installation of the lighting, the applicant shall submit a lumen plan showing lighting that is contained on the school district property. Mueller expressed a concern regarding the lighting. The Planner explained that the lumen plan will include foot candle readings on a plan sheet. Planning Commission H/nutes November 13, I995 Hanus stated that the warming house is very close to the rink and questioned if it will also be used as a press box. The Planner stated that it is his understanding it will be used strictly as a warming house and the window is to allow for viewing of the rink only. Hanus questioned if there should be any change in parking requirements? Clapsaddle noted that in the winter he has seen vehicles parked on the grass and ball fields. Michael commented that during hockey games the lot is full. The commission suggested that the lights will boost the use of the outdoor rinks. It was Koegler's opinion that the increase in usage would be minor. Mueller feels that people who did not receive a public hearing notice will be impacted by the lights, such as the properties on Elm Road and Bellaire Lane. He emphasized that there are no structures or trees blocking the view to this area, and he would like to see these residents notified. Clapsaddle suggested that the CUP could be reviewed in one year. Mueller commented that the lighting plan will not deal with elevation. It was noted that the football field uses lights. Mueller stated that the residents on Elm and Bellaire would not be as affected by lights at the football field as they would be by lights at the hockey rink because of their location. MOTION made by Mueller to recommend approval of the ~ conai~on that the verbiage in condition #2 be.made more SU~CT > Con~z~%onal ose Per~it ~s recommended by staff, with the clear to better descrxbe how the lighting may xmpact the nexghbors, and with the condition that the owners at PID numbers 14-117-2~ 41 0031, 0032, 0033, 0059, 0049, 0054, and 0046 be not~fied .with a letter explaining that a Conditional Use Permit has been requested and .t~at lighting xs par~ of the plan, and that they ~e notxfl~d about the upcomLng public hearing at the Cxty Council meeting. Motion seconded by Clapsaddle, and carried unanimously. This request will be heard by the City Council on December 12, 1995. Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. gill TO: Mound Planing Commission and Staff FROM: Mark Koegler, City Planner DATE: November 7, 1995 SUBJECT: Conditional Use Permit APPLICANT: Mound Hockey Association - Property owned by Westonka Public Schools CASE NUMBER: 95-52 HKG FILE NUMBER: 95-5m LOCATION: 5600 Lynwood Boulevard EXISTING ZONING: Central Business District (B-I) COMPREHENSIVE PLAN: Public/Semi-public BACKGROUND: The Mound Hockey Association is seeking a conditional permit to install additional athletic facilities on the school property behind the Pond Arena and the Westonka Community Center. The proposal involves installation of a hockey rink (used last year), a warming house, a flee skating area and lighting for the hockey rink. The location of the facilities is within the school district property, not directly adjacent to any existing homes. All facilities will remain on the site year- round. The warming house will not be placed on a permanent foundation in order to allow it to be relocated in the future if necessary. The proposed improvements are considered to be part of the school complex since they are being constructed on school property and since they are available for public use. The Mound Zoning Code regulates public schools and related facilities by Conditional Use Permit. Therefore, issuance of a conditional use permit is required. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of a conditional use permit to allow installation of a lighted hockey rink, a free skating area and a warming house subject to the following conditions: 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Mound Hockey Association Planning Report November 7, 1995 Page 2 Facilities shall comply with all applicable building and fn'e codes. Lighting shall be installed in a manner that will not impact adjacent residential properties. Prior to installation of the lighting, the applicant shall submit a lumen plan showing lighting that is contained on the school district property. Application for CONDITIONAL USE PERMIT city of Mound 5 3 41 Maywood Road, Mound, MN 5 5 3 6 4 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: Conditional Use Permit Fee: $200.00 Distribution__.' city Plann.r: City Engineer Public Works: Other: Please'type ........................................... or print the f~llowing in£ormat~n: ....................................... PROPERLY' Subject Address IN~O~A~ION Name of Business I~ o~r man Address ~ ' Name ARCH~, 5URV~OR, OR Address ~IN~R Phone (H) (W) (M) ZONIN~ Circle: ~ R-lA R-2 R-3 D~I~ ~,,1~1; C~NGE OF FROM: ;Y rev, 1217194 Conditional Use Permit Application Page 2 Description of Proposed Use: EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development Estimated Development Cost of the Project: $ ' Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. rev, 12/7/94 Date Date 1) (~8) 72 ELM 6- ~6-67) 80.84 RD IND ITS. 4 .... 169. Z RD o ~ I ~50 .~___ _6_'5_ .... ~ (8) ~" !OD 27'7 1070.6Z ......... 217.6 - z~7.5 (3) ~ (51) ~oo zoo ~) 200 52 ' ,- (25) 20o 2oo 5'5 (27) > (28) soo 200 (29) 57 ('50) Z~ ......... 398. 6~ .......... L CNURCN (57) ........ ~90,86 ......... ......... 433 z ........ (lo) ......... 400 z 12 144. 865. Z~ ~ (39 (~z) I ~ (~) S2o45,7, W 4647Z07, (~) ...... '~ (~) _o 60.4 153(40 2oo ~ 1 ~0 / P^~,x' AUD (78) 46 211.9 (85) ~ I] hO7 I55. 14~'' z (79) (77) (3) ~AKSVA 625~ .......... ..5 RD Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. gill December 1, 1995 Mr. Jon Suthefland Building Official City of Mound 5341 Maywood Road Mound, MN 55364 Re: Palen Variance Application Dear Jon: This letter confirms the discussion that we had recently regarding a variance request by Gerald and Catherine Palen involving construction of a proposed garage. In order to accommodate the proposed garage construction, only two alternatives are feasible: 1) further subdivide the property by adding land from Parcel B to Parcel A to allow construction of the garage on Parcel A which contains the Palen's primary dwelling or 2) allow a garage height variance to accommodate construction of the garage on Parcel B even though the actual users of the garage reside on Parcel A. With the exception of the height of the proposed garage, the structure could be constructed on Parcel B without approval of a variance.. · ~ The subdivision that occurred in the 1970's resulted in an unusual lot configuration because of the location of the existing home on Parcel A. Because the home sits on the northern portion of the lot, it is impossible to accommodate both a garage and the associated driveway parking area on Parcel A without attaching portions of Parcel B to A, thereby rendering Parcel B nonconforming (<10,000 sq. ft. lot area). The City of Mound has a history of not allowing subdivisions when they result in the creation of nonconforming lots. Since the positioning of the existing home makes it impossible to accommodate the garage as well as the garage entry/parking area on Parcel A without rendering Parcel B nonconforming, staff cannot support a minor subdivision proposal for this property. If the subdivision alternative is unacceptable, the only other feasible option for allowing the garage is the issuance of a variance. As was pointed out earlier, if the height of the proposed garage was reduced, no variance would be required since the position of the garage is in a conforming location on Parcel B. Therefore, the Palens could obtain a building permit and construct the garage on Parcel B even though their home is on Parcel A. If the City Council desires to allow construction of a taller garage to serve Parcel A, the issuance of a variance would be preferred by staff since it will not result in the creation of a nonconforming lot. .- ' It is impossible to determine the position of the Planning Commission and City Council in the 1970's when the original subdivision occurred. At this time, it certainly appears as though the community might have been better served by denial of the subdivision as proposed, perhaps hastemg the removal 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Mr. Jon Sutherland December 1, 1995 Page Two of the small dwelling on what is now Parcel B. The fact remains, however, that the subdivision was approved and therefore, both the Palens and the City now have to deal with the unusual lot configuration that resulted. Given the characteristics of Parcels A and B, the ideal situation would be the removal of the undersized home on Parcel B and the combination of the two parcels to return the property to one contiguous parcel. As one parcel, the site could easily accommodate all desired accessory structures. While the owners of the property have indicated that they desire to keep the property in two parcels at this time, perhaps in the future either they or a subsequent owner will be interested in reattaching the parcels. If a variance for the garage is approved and the owner desires to sell Parcel B in the future, they will also be selling their garage and in all likelihood, they will not be able to build a replacement. As a final footnote to this matter, I realize that the Planning Commission recommendation is not in concurrence with the staff recommendation. Staff, however, cannot support a subdivision to accommodate the proposed garage and associated parking area when such an action results in the creation of a nonconforming parcel. If you have any questions or need further information, please contact me. Sincerely, R. Mark Koegler, RLA City Planner RMK:dbm MINUTES - MOUND CITY COUNCIL - OCTOBER 24, 1995 1.8 Case 95-49: Gerald & Catherine Palen, 6345 Bartlett Blvd., Lot 18, Halstead Heights, PID 22-117-24 44 0033 Variance for Garage. Building Official Jon Sutherland stated the applicant is seeking a variance to allow construction of a detached garage that exceeds the height of the principal dwelling on the same lot. The new garage is intended to serve the dwelling on the lakeside lot, Parcel A. The applicant owns both lots as noted on the survey as A & B, and considered placing a garage on Parcel B to serve Parcel A. The Planning Commission recommended denial of the variance. The applicant was present and provided a new survey with updated water and sewer information. Through discussion with the Council and the Building Official and the applicant, it was determined that staff will work with the applicant to evaluate the options, to reasonably obtain a garage to serve the dwelling on parcel A. The Building Official will do a preliminary review of the lots for the applicant and this item will return to the Council. MOTION by Jensen, seconded by Jessen and carried unanimously to direct staff to work with the applicant to see if it is feasible to rearrange lot lines to accommodate a garage on Parcel A. MINUTE ; OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION OCTOBER 9, 1995 CASE 95-49: GERALD & CATHERINE PALEN, 6545 BARTLETT BLVD., LOT 18, HALSTEAD HEIGHTS, PID 22-117-24 44 0033. VARIANCE FOR GARAGE. The applicant, Catherine Palen, distributed copies of a modified survey to the Commission showing the sewer line location and a drainage plan. This information was requested within the staff report. / The Building Official reviewed the report. The applicant ts seeking a variance to allow construction of a detached garage that exceeds the heigh't of the principal dweiiicig-'o-ri'-- ~'--th~ sa'~ei~z°ning Ordinance Section 350~435, SUbd~ 2's~ates, "No accessory building shall exceed the height of the principal building in the 'R' District." The proposed garage is conforming to all setbacks. Impervious surface coverage is over 30 percent, but will be conforming at less than 40 percent for lots of record, with an approved drainage plan. The new garage is intended to serve the dwelling shown on the lakeside lot, Parcel A. The applicant was originally contemplating a minor subdivision that would allow Parcel A to accommodate the garage. Both parcels are currently under the same ownership. This property was subdivided in 1971 as approved by Resolution//71-77, and since that time, there have been substantial changes in the City's ordinances and in the subdivision process. The addition of the garage on the street side parcel raises concerns that could negatively effect the lakeside parcel if precautions are not taken. The Building Official commented that a building permit could be issued without a variance if the applicant simply reduced the height of the proposed garage. The plans for the garage match the architecture of the dwelling on Parcel A and this could be considered a positive step towards the eventual combination of these parcels and the elimination of the rental unit. Currently, there does not appear to be a reasonable location for a garage on Parcel A. The applicant has proposed to remove a small deck and the encroaching shed on the east side. Staff recommended the Planning Commission recommend approval of the variance request for a 22' x 24' detached garage as shown on the survey dated September 21, 1995, subject to the following conditions: A minimum driveway/access width of 10 feet must be maintained for Parcel A. This can be accomplished by an easement for the driveway that can also include the utility services. An easement should be written to accommodate the existing situation for the driveway and utilities or they could be relocated to be within the easement· Planning Commission Minutes of October 9, 1995 Palen, p. 2 The proposed garage must not be placed over any utility services. The sewer service is not shown on the survey. All utilities must be identified on the survey an located within a proper easement. A drainage plan needs to be prepared by the applicant that incorporates the techniques listed in Zoning Ordinance Section 350:1225, Subd. 6.A.3. This plan could be reviewed and approved by staff prior to building permit issuance. 4. The deck and encroaching shed located on Parcel B shall be removed. Weiland questioned if there are separate services for each dwelling for sewer and water, including water meters. It was determined that staff should answer this question prior to the case being heard by the City Council. Weiland noted that the street side dwelling is undersized and does not meet the minimum dwelling size requirement of 840 square feet. Mueller noted that the rental dwelling is only about 315 square feet. Mueller commented that if the street side parcel (Parcel B) is ever sold, the lakeside parcel (Parcel A) will still need a garage. Mueller noted that the proposed garage would be twice the size of the rental dwelling. He is totally opposed to the proposal as submitted and would ultimately like to see the parcels combined and the rental unit removed. Voss and Weiland agreed. Clapsaddle questioned why the garage was so high. Catherine Palen explained that the garage is proposed to have a french mansard roof to match the house on the lakeside parcel. Voss noted that the Subdivision Resolution from 1971 is conflicting as it states the subdivision "will constitute a desirable and stable community development and is in harmony with adjacent properties." Mueller stated that he would rather see a garage constructed on the lakeside parcel, even if it is setback only a couple feet from the property lines, because Parcel A needs a garage. Mueller is not in favor of relocating the lot line through a subdivision. Hanus would also like to see the garage on Parcel A, he would rather see the garage attached to the house, and the dividing lot line could be moved up a little, but each lot should retain 10,000 square feet. MOTION made by Surko, seconded by Mueller, to recommend denial of the variance as requested. The Commission further reviewed the option of constructing the garage on Parcel A. It was noted that the applicant could pull their request from the Council agenda if they wished to revise their plans. MOTION to deny carried unanimously. ~,~ This case is scheduled to be heard by the City Council on October 24, 1995. PHONE NO. EPARTMENT OF NATURAL RESOURCES O WATERS, 1200 WARNER ROAD, ST. PAUL, MN 55106-6793 772-7910 FILE NO. October 5, 1995 Mr. Jon Sutherland City of Mound 5341 Maywood Road Mound, MN 55364 Gerald A. Palen Variance Application, (City #95-49), Lake Minnetonka (27-133P), City of Mound, Hennepin County Dear Mr. Sutherland: We have reviewed the above-referenced variance request (received September 25, 1995) for 6547 Bartlett Boulevard. We do not object to the proposal and recommend the following conditions: The large amount of impervious surface on the lot should be reduced. Whenever possible, the impervious surface should be removed or replaced. The structures on the lot should be screened from view on Lake Minnetonka using existing vegetation, landscaping, color and other means approved by the city. Thank you for the oppommity to comment on this variance. hesitate to contact me at 772-7910. Should you have any questions, do not Sincerely, Joe Richter Hydrologist JR/cds C: City of Mound Shoreland File AN EQUAL OPPORTUNITY EMPLOYER BART[._E-- / / / / / / / / NORTHI~ AST COl~lr~ oIr LOT 1· 4 99Z. I II 473 CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of October 9, 1995 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~ ~ , Variance Request Gerald & Catherine Palen 95-49 6545 Bartlett Blvd., Lot 18, Halstead Heights, PID 22-117-2444 0033 R-1 Single Family Residential BACKGROUND: The applicant is seeking a variance to allow construction of a detached garage that exceeds the height of the principal dwelling on the same lot. Zoning Ordinance Section 350:435, Subd. 2 states, "No accessory building shall exceed the height of the principal building in the 'R' District." The proposed garage is conforming to all setbacks. Impervious surface coverage is over 30 percent, but will be conforming at less than 40 percent for lots of record, with an approved drainage plan. It is the understanding of staff that the new garage is intended to serve the dwelling shown on the lakeside lot, Parcel A. The applicant was originally contemplating a minor subdivision that would allow Parcel A to accommodate the garage. Both parcels are currently under the same ownership. The variance process gives us the opportunity to look at the existing conditions on the site and balance the proposed improvement against our ordinances and the need for orderly development in the city. This property was subdivided in 1971 as approved by Resolution #71-77, and since that time, there have been substantial changes in the subdivision process. As part of our current process staff evaluates issues such as proper street frontage, emergency vehicle access, drainage, utility easements, and placement of sewer and water services, and other issues. In this case, the addition of the garage on the street side parcel raises concerns that could negatively effect the lakeside parcel if precautions are not taken. Several issues have been identified, as listed below. 95-49, Palen October $, 1555 Page 2 A minimum driveway/access width of 10 feet must be maintained for Parcel A. This can be accomplished by an easement for the driveway that can also include the utility services. An easement should be written to accommodate the existing situation for the driveway and utilities or they could be relocated to be within the easement. The proposed garage must not be placed over any utility services. The sewer service is not shown on the survey. All utilities must be identified on the survey an located within a proper easement. m A drainage plan needs to be prepared by the applicant that incorporates the techniques listed in Zoning Ordinance Section 350:122§, Subd. 6.A.3. This plan could be reviewed and approved by staff prior to building permit issuance. COMMENT: It should be noted that a building permit could be issued without a variance if the applicant simply reduced the height of the proposed garage. The plans for the garage match the architecture of the dwelling on Parcel A and this could be considered a positive step towards the eventual combination of these parcels and the elimination of the rental unit. Currently, there does not appear to be a reasonable location for a garage on Parcel A. The applicant has proposed to remove a small deck and the encroaching shed on the east side, these should be conditions in the event of variance approval. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request for a 22' x 24' detached garage as shown on the survey dated September 21, 1995, subject to the three conditions as listed above, and subject to the removal of the deck and encroaching shed. JS:pj The abutting neighbors have been notified of this request. October 24, 1995. This case is scheduled to be heard by the City Council on Planning Commission Date: City Council Date: Distribution: t~.~'LT.. City Planner 6~.Z.7~ City Engineer Other VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 ~-- 7.,7. Public Works SEP 2 I lgg5 Application Fee: Ca No. q5 $~o.oo Please type or print the following information: Address of Subject Property ~/~' Z~ Lot /J/ Block -""-' Zoning District Applicant's Name (if other than owner) PID No. use of Property: Day Phone Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ~ yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application (11/93) Page 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (0. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): o SETBACKS': required requested VARIANCE /1'~" 18' ~" ~.~ ~ Front Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) ft. ft. ft. : (NSEW) ft. ft. ft. Street Frontage: ft. ft. ft. Lot Size: sq ft sq ft sq ft Hardcover: SCl ft sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape ( ) soil (~,) existing situation ( ) other: specify Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the lano after the zoning ordinance was adopted (1982)? Yes (t), No ~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain: o Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (~), No (). If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature_3~/,/-~ ~· (~---- Applicant's Signature~ Date ~/A~//~~/,~'tr Date EXISTING HARDCOVER TABULATIONI PARCEL A , Description [ Length I Width !Arell ~1. Ft. 37:3 [_' ' 18.3i 683 18.._3 ~ 8, 146 5i 8; 40 3' 37.3! i12 42, 2~ 84 Total area of property tO OHW ' 0.279 Acres 12174 AIIowabie Hardcover Area 30%~ 12174: 3652 Balance left for future hardcover. Parcel A ~ 2155 I ' EX S NG HX.D, TABULA i3., ..A, RCEL'B I I Description ' ! Length I Width IArea Sq. Ft.I ~afl-os ' 4' 121 48 VV~OD " Deck 45, 8' 36 Deck 2 5 ! ~ 0 DRIVEWAY Crushed rock driveway ; 4_0_~ _. 38' 152-~)' LANDSCAPING & MISC. ~ - ..... T~al Existin~ l-tardcover , i 4478 Balance left for fu~um ha~lcover~I~amel B I t -1222 ~sROPOSED CHAN(~ES TO HAleD COVER ONPARCEL; B ,Proposed chanj~e H.C. Parcel B i I ~ -21 BaI, ance left for future hardcover I I ~ -1202 ITo~tl exceis~ allowable ov, er exist. & ,ptoposl,~ ,I. IC~ A & B ', 954 HOLJSES ~tl6547 ~ONCRETE Patios Walk W~OD ;_t_eps ,osc^P & M S¢. _R~k over R_ockover..pl~_~_tic R~k over ,p~stic To~l Exis~ng He~ver 16 'FI CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 September 15, 1995 Mr. Gerald Palen 6547 Bartlett Blvd. Mound, MN 55364 SUBJECT: PROPOSED DETACHED GARAGE AT 6547 BARTLETT BLVD. Dear Mr. Palen: Staff has conducted a preliminary review of your request, and based on the information you have provided, the following issues have been identified. Please note this review is preliminary and a more detailed review of your anticipated application may result in the identification of additional issues or variances. 1. A minOr subdivision is required, an application form is enclosed for your use. Variances must be requested due to the fact that the proposed northerly parcel will have less than 10,000 square feet, and the southerly parcel will not have frontage on an improved public street. In addition to the subdivision and variance application requirements, the following information needs to be provided: Survey with topography or sufficient spot elevations for the surveyor to identify whether or not a bluff condition exists and for staff to verify the surveyors conclusion. The size, location, and setbacks of the proposed garage. The required setbacks for a detached garage on the southerly parcel are: North Front 30' if the garage doors face the front, or 8' with the garage doors facing the side lot line (note handouts). East/West Sides If the doors will be facing the side lot line, a 20 foot setback is required from that side to the garage doors, and a 4' setback is required to the opposite side lot line. printe~ on recycled paper Palen September 15, 1995 Page 2 3. Utility services (sewer and water) must be shown on the survey. 4. Should this request be approved by the City Council, you will be required to submit a copy of a driveway easement as part of the approval. If you have any questions, please feel free to contact me. Building Official JS:pj Enclosures rCESOLUTION IYAIVINO REqUIftEKENTS OF CHA~ER OF T~ YI~G~ C~E ~O~INO T~ DIVISION ~O~Y ~AS, an ippltoatLOn to wat~ the mu~tvtmton ~qutrementm contained tn 5motion ~3,00 of the YtXlawe C~e. hlm ~en fixed with .' the YtXlage of Mound, &nd ~, said request for a waiver ham ~on'~vte~od by Planning ~ommtmmton and tho Village C~notl, and ~, tt tm hereby d~termt~ed that thoro arm ~rGumotancom affoottna said:property mush that tho strict placation of the ordinance .~ouXd deprive tbs applicant or tho reason- able uae of him land; that the waiver is neoeasary for the'. ... preservation and enjoyment of a substantial 'propert~ right; and ' that granting the waiver w.ilX' nsf be detrimental to tho public. welfare or injurious to other proper,aY, owners, . HOW, Ti~,P,.E¥OP,.E, I~XT B~SOLI~D BY THS VILLAGE CO~lIClb Ol~ TIt~ · '~ VXI~AGS OF MOU~I " ~' ' * ~/... ~ ... .. X. The request st. ~vid R. Yedke '..~'. ' Zor a waiver item the provisionm of 'SesSion' 22.~ oZ iht Vtllaiq · .. Code and tho request to subdivide property of Xess~thin five sores ts'hereby ~ra.nted to permit division of .the iollowin, g property..* e 2. It is determino~ that tho foregoing division will constitute a desirable and stable community development and is tn harmony with adjacent properties, 3. Tho Village Clerk is authorized to deliver a certified espy of this resolution to the applicant for fixing in tho offtoo of tho Register oZ Deeds or tho Registrar of Titles of Henneptn County to show compliance'with the subdivision'regulatiOns of thai ¥ilXsgo, . Adopted Shim, ~ . day Og ,~ ~arc~ _, X9 :t yILLAGS COUNCIL OF Attests VXllage ~Xer~ ADDRESS: ZONE: REQ. LOT AREA: EXIST. LOT AREA: (~Sz~ ~zr+l¢-H- JSIvc~. t~-I IO, ooo s~ 10,eS?_ so~- SURVEY ON FILE? )NO q LOT OF RECORD? NO / ? '~ 71 REQUIRED STREET FRONTAGE/WIDTH: LOT WIDTH: REQUIRED SETBACKS .PRINCIPAJ~BUILDING / HOUSF FRONT N~,~ E W FRONT: "~' S ,~W SIDE: NS(EX SIDE: N.~'E' W~ REAR: N{,~ E' ~ LAKESHORE: , 50' (measured TOP OF BLUFF: from O.H.W.} EXISTING AND/OR PROPOSED SETBACKS: .PRINCIPAL BUILDING/HOUSF FRONT: N S E W FRONT: N S E W SIDE: U S~ -" SIDE: N REAR: NL~S) E W LAKESHORE? TOP OF BLUFF: EXISTING LOT DEPTH: ACCESSOJ~Y BUILDING/GARAGE/SHED FRONT: N~S E W FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: NN(~)E W 4'or6' REAR: E W 4' LAKESHORE: TOP OF BLUFF: 5~0~ .measured from O.H.W. JCl- FRONT: N S.F_W SIDE. N S / SIDE: N .~ E ~) ~--~ · REAR: N (~S) E -~ ~ · LAKESHOR~'-: -- ' .--.--._.__ TOP OF BLUFF: - a port,on o onmg contact the City of Mound Planning Department at 472-0600. 17-2 s (IS) (Z7) E [~8) r,,~ w 0 .--i .~- 0 0 ~ --° O O '~O Or*-< O ~ ~ Z ~ OF A M~:~:TL~TG OF THE MOUND ADVISORY PLANNING COMM'IF~SlON NOVEMBER 27, 1995 ~-_~--~CE C, OVERN!_NG T~L~O---KM-UNI~-a-T~ONs OR I%__wr_._~.TED ~_~A~__VICE~ :TN THE PUBL'r~ t~_.o_~r~__ OF TI~ C~TY OF MOUND Building official, Jon Sutherland, reported that the City Planner had no comments. MOTION by Mueller, seconSedbycrumto reconend approval of the proposed ordinance amendment relating to Telecommunications Permits, Section 617. Motion carried unanimousl~. MINUTES - MOUND CITY COUNCIL MEETING - AUGUST 8, 1995 1.9 APPROVAL OF AN ORDINANCE GOVERNING THE CONSTRUCTION. INSTALLATION, OPERATION, REPAIR, MAINTENANCE, REMOVAL ANI:J RELOCATION OF FACILITIES AND EQUIPMENT USED FOR THE TRANSMISSION OF TELECOMMUNICATIONS OR RELATED SERVICES IN THE PUBLIC GROUND OF THE CITY OF MOUND. City Attorney Curt Pearson informed the Council that the League of Minnesota Cities has proposed an ordinance regarding the installation, etc., of telecommunication equipment. The League states that cities adopting a uniform ordinance will create a comfortable environment in which telecommunications companies can operate. Mayor Polston inquired if this had gone through the Planning Commission. It had not. He recommended and the council agreed it be given to the Planning Commission to research as it involves land use. I~ An Ordinance Governingthe Construction, Installation, Operation, Repair, Main~'~nance, Removal and Relocation of Facilities and Equipment Used for the Transmission of the Telecommunications or Related Services in the Public Ground of the City of Mound. City Council discussed this ordinance proposal that came via the League of Minnesota Cities as a uniform type ordinance that cities could approve to allow for telecommunications equipment installed within the City of Mound. The Council, after reviewing the proposed ordinance, suggested that the Planning Commission review the proposed ordinance as it deals with land use. This is a new ordinance which you have not seen yet as the City Council is requesting that the Planning Commission review and consider. A copy of the ordinance is attached for your discussion on the September 25, 1995 agenda. 6. Sale of Vehicles Ordinance. The City Council has reviewed this proposed ordinance and has suggested that it be forwarded to the Planning Commission. It is my understanding that it was on your agenda in June of this year, but apparently has been tabled as part of the other ordinances. 7. Streamlining of Variances. City Council has directed that this matter be sent to you in previous communications. It is scheduled for your Planning Commission meeting on October 9, 1995, when the City Planner will be present to provide input and facilitate discussion. 8. Domestic Abuse Shelters. Enclosed in your material for the September 25, 1995 Planning Commission Agenda is material generated by the City Planner's office as it relates to domestic abuse shelters and their appropriate zoning locations. Material is collected from 15 communities. The City Council has reviewed this information and has suggested that the Planning Commission review this issue to see if there can be any allowances made within the City of Mound's Zoning Ordinance to provide for this particular use. How would you recommend that this be accomplished? As you can see there are a number of issues pending both at the Planning Commission level and City Council level as it pertains to amendments to the existing code and creation of new ordinances. Enclosed is information related to the Telecommunications Ordinance, Sale of Vehicles Ordinance and Domestic Abuse Shelters for your review and consideration at the September 25th Planning Commission meeting. Councilmember Mark Hanus will be present to verbally communicate the Council's direction pursuant to what I have stated in this memorandum. If you have any questions with regard to this information, do not hesitate to contact me. Enclosures ES:kb ORDINANCE NO. ~-~ '] ~" Cle'/ ~ AN ORDINANCE GOVERNING THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR, MAINTENANCE, REMOVAL, AND RELOCATION OF FACILITIES AND EQUIPMENT USED FOR THE TRANSMISSION OF TELECOMMUNICATIONS OR RELATED SERVICES IN THE PUBLIC GROUND OF THE CITY OF MOUND The City Council of the City of Mound Hereby Ordains: Section 617 is hereby added to the City Code and shall read as follows: Section 617 - Telecommunications Permit Section 617:00. Definitions.. Subd. 1. The terms defined in this section have the meanings given them. Subd. 2. Company. A natural or corporate person, business association, political subdivision, public or private agency of any kind, its successors and assigns, who or which seeks or is required to construct, install, operate, repair, maintain, remove or relocate facilities in the City. Subd. 3. Director. The City Manager, or designated representative. Subd. 4. Facilities. Telecommunications equipment of any kind, including but not limited to audio, video, paging, facsimile or similar service, not governed by Minnesota Statutes, Chapter 238, including all trunks, lines, circuits, physical connections, switching equipment, wireless communication equipment of all kinds, and any necessary appurtenances owned, leased or operated by a company on, over, in, under, across or along public ground. Subd. 5. Public Ground. Highways, roads, streets, alleys, public ways, utility easements and public grounds in the City. Section 617:05. Permit Procedure. Subd. 1. Permit Required. A company may not construct, install, repair, remove or relocate facilities, or any part thereof, in, on, over, under or along public ground without first obtaining a permit from the City. Subd. 2. Application. Application for a permit is made to the director. Subd. 3. Issuance of Permit. If the director determines that the applicant has satisfied the requirements of this ordinance the director may issue a permit to the company. An applicant may contest a permit denial or the conditions of approval by written notice to the Clerk requesting a City Council review within fourteen (14) days of the director's action. The Council shall hear any contest of the director's actions under this ordinance within forty-five (45) days of the City Clerk's receipt of the contest notice. Nothing in this ordinance precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to the issuance of a permit set forth herein. Subd. 4. Permit Fee. The application must be accompanied by the permit fee set by the City Council by resolution. Subd. 5. Security_ for Completion of Work. Prior to commencement of work, the company must deposit with the City security in the form of certified check, letter of credit or construction bond, in a sufficient amount as determined by the director for the completion of the work. The securities will be held until the work is completed plus a period of 24 months thereafter to guarantee that restoration work has been satisfactorily completed. Upon application of the company, providing such information as the director may require, if two or more work projects are to be constructed during a calendar year, the director may accept, in lieu of separate security for each project, a single security for multiple projects in such form and amount as determined, in the discretion of the director, to be sufficient to assure completion of all projects which may be in progress at any one time during that calendar year and to guaranty that restoration work will be satisfactorily completed. The security will then be returned to the company with interest if required by law and then interest at the applicable statutory rate. Subd. 6. Inspection of Work. When the work is completed the company must request an inspection by the director. The director will determine if the work has been satisfactorily completed and provide the company with a written report of the inspection and approval. Section 617:10. Restoration and Relocation. Subd.1. Restoration. Upon completion of the work, the company must restore the general area of the work, including paving and its foundations, to the same condition that existed prior to commencement of the work and must exercise reasonable care to maintain the same condition for two years thereafter. The work must be completed as promptly as weather permits. If the company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the public ground to the same condition, the City may put it in the same condition at the expense of the company. The company must, upon demand, pay to the City the direct and indirect cost of the work done for or 2 performed by the City, including but not limited to the City's administrative costs. To recover its costs, the City will first draw on the security posted by the company and then recover the balance of the costs incurred from the company directly by written demand. This remedy is in addition to any other remedies available to the City. Subd. 2. Company Initiated Relocation. The company must give the City written notice prior to a company initiated relocation of facilities. A company initiated relocation must be at the company's expense and must be approved by the City, such approval not to be unreasonably withheld. Subd. 3. City Required Relocation. The company must promptly and at its own expense, with due regard for seasonal working conditions, permanently relocate its facilities whenever the City requires such relocation. Subd. 4. Relocation Where Public Ground Vacated. The vacation of public ground does not deprive the company of the right to operate and maintain its facilities in the City. If the vacation proceedings are initiated by the company, the company must pay the relocation costs. If the vacation proceedings are initiated by the City or other persons, the company must pay the relocation costs unless otherwise agreed to by the City, company and other persons. Section 617:15. Company Default. Subd. 1. Notice. If the company is in default in the performance of the work authorized by the permit, including but not limited to restoration requirements, for more than 30 days after receiving written notice from the City of the default, the City may terminate the rights of the company under the permit. The notice of default must be in writing and specify the provisions of the permit under which the default is claimed and state the grounds of the claim. The notice must be served on the company by personally delivering it to an officer thereof at its principal place of business in Minnesota or by certified mail to that address. Subd. 2. City Action on Default. If the company is in default in the performance of the work authorized by the permit, the City may, after the above notice to the company and failure of the company to cure the default, take such action as may be reasonably necessary to abate the condition caused by the default. The company must reimburse the City for the City's reasonable costs, including costs of collection and attorney fees incurred as a result of the company default. The security posted under Section 617:05, Subd. 5 will be applied by the City first toward payment for such reimbursement. 3 Section 617:20. Indemnification. Subd. 1. Scope.. The company will indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, installation, maintenance, repair, removal, relocation or operation of the facilities affecting public ground, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers, or agents. The City will notify the company of claims or actions and provide a reasonable opportunity for the company to accept and undertake the defense. Subd. 2. Claim Defense. If a claim or action is brought against the City under circumstances where indemnification applies, the company, at its sole expense, shall defend the City if written notice of the claim or action is given to the company within a period wherein the company is not prejudiced in the defense of such claim or action by lack of such notice. If the company undertakes the defense, the company shall have complete control of such claim or action, but it may not settle without the consent of the City, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity othemise available to the City. In defending any action on behalf of the City, the company is entitled to assert every defense or immunity that the City could assert in its own behalf. Section 617:25. Other Conditions of Use. Subd. 1. Use of Public Ground. Facilities must be located, constructed, installed, maintained or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The facilities are subject to additional conditions of the permit as established by the director including but not limited to (i) the right of inspection by the City at reasonable times and places; (ii) the obligation to relocate the facilities pursuant to Section 617:10, Subds. 3 and 4; and (iii) compliance with all applicable regulations imposed by the Minnesota Public Utilities Commission and other state and the federal law, including prompt compliance with the requirements of the Gopher State One Call program, Minnesota Statutes Chapter 216D. Subd. 2. Locatio.n.. The facilities must be placed in a location agreed to by the City. The company shall give the City forty-five (45) days advance written notice of the company's proposed location of facilities within the public ground. No later than 45 days after the City's receipt of the company's written notice, the City will notify the company in writing of the City's acceptance or rejection of the proposed location. If the City rejects the company's proposed location, the City shall propose alternative locations. The City does not waive or forfeit its right to reject the location of facilities by failure to respond within the 45 days. 4 Subd. 3. Emergency Work, A company may open and disturb the surface of public ground without a permit where an emergency exists requiring the immediate repair of its facilities. In such event the company must request a permit not later than the second working day thereafter and comply with the applicable conditions of the permit. In no event may the company undertake such an activity which will result in the closing of a street or alley without prior notification to the City. Subd. 4. Street Improvements, Paving or Resurfacino. The City will give the company written notice of plans for street improvemen~ where permanent paving or resurfacing is involved. The notice must contain (i) the nature and character of the improvements; (ii) the streets upon which the improvements are to be made; (iii) the extent of the improvements and the time when the City will start the work; and, (iv) if more than one street is involved, the sequence in which the work is to proceed. Subd. 5. Company Protection of Facilities. The company must take reasonable measures to prevent the facilities from causing damage to persons or property. The company must take reasonable measures to protect its facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The company must take specific protective measures when the City performs work near the facilities. Subd. 6. Prior Service Connections. In cases where the City is undertaking the paving or resurfacing of streets and the facilities are located under such street, the company may be required to install service connections prior to the paving or resurfacing, if it is apparent that service will be required during the five year period following the paving or resurfacing. Section 617:30..Effective Date and Applicabili _ty to Existing Facilifie:;. Companies with facilities in, on, over, under or along public ground on the effective date of this ordinance must take prompt action to comply with this ordinance and the permits authorized by this ordinance. A company, however, is not required to reapply for a permit obtained from the City prior to the effective date of this ordinance. A company is not required to pay the difference between the permit fee of a previously obtained permit and the equivalent newly obtained permit under this ordinance. All other provisions of this ordinance apply to existing facilities. Section 617:35. Acceptance of Requirement,.. By receiving a permit pursuant to this ordinance, the company accepts and agrees to comply with all of the requirements of this ordinance. Section 617:40. Public Ground Other Than Right-of-Way. Nothing in this ordinance is intended to grant to the company authority beyond that given by Minnesota Statutes Section 222.37 for use of the public rights-of-way for construction and operation of facilities. If the City allows the company to use its non-right-of-way public ground, the terms of this ordinance apply to the extent they are consistent with the contract, statutory 5 and common law fights the City owns in such property. Section 617:45. Regulations; Permit Schedules. The director is authorized and directed to prepare suitable regulations and schedules for the administration of permits issued under this ordinance. Section 617:50. ~. If any provision of this ordinance is contrary to law and therefore unenforceable, such provision will be severed and will not affect the other provisions of this ordinance. Attest: Mayor City Clerk Adopted by City Council Published in Official Newspaper 6 Frank Roos Associates, Inc. Telephone 612/476-6010 612./476-8532 FAX Engineers Planners Surveyors December 4, 1995 RECENEQ BEC..,- 5 Mr. Edward I. Shukle, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Mound/Minnetrista Public Works Material Storage Payment Request No. 2 MFRA #10481 Dear Ed: Enclosed is Imperial Developer's Payment Request No. 2 for work core, ted through November, 1995, on the subject project. The amount of this payment request is~his project is complete except for removing some silt fi.om t,hff existing pond, which will have to be done sometime this winter. For this reason, we are still retaining 2'~ of the final cost, which can be released once the pond is cleaned. The revised contract among for both sections of this contract was $138,369.50. The total work completed to date is $109,420.30. Most of the cost savings on this project has been on Section I, the material storage area, which was due to less material being moved and gravel imported. We have reviewed this payment request and are recommending approval in the amount of $44,014.23. If you have any questions or need additional information, please contact us. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:pry Enclosure P:~ns:~rnound~shuk 124 An Equal Opportunity Employer LU ~ II I o 'oo g~ 8 ~ 0 0o-- 8~ ~ . UcCombs Frank RoDs Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors December 6, 1995 RECEIVED DEC- 7 Mr. Edward J. Shukle, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Mound/Minnetrista Public Works Material Storage Landscaping MFRA #10481 Dear Ed: Enclosed is a copy of the original proposal and aa invoice from Summer Hill Tree Farm for the landscape work at the material storage site in Minnetrista. They have completed the work except for one Amur Maple which did not get transplanted before winter closed in. They have deducted $100.00 from the original agreement resulting in a final cost We have reviewed the work and find it has been completed in general accordance with the original agreement and are recommending final payment in the amount of $8,850.00. If you have any questions or need additional information, please comact me. Sincerely, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:jb Enclosure j:ma:main: 10481/j¢ 12-6 An Equal Opportunity Employer I SUMM~.R HILL 'PROPOSAL I · ./ We Propose hereby ~o f~ ~ ~r~ ~r -- c~p~ ~ ac~ar~ w~th abo~ sp~ca~r~. ~ ~'=~ ~ I me work as .~oec/fm~d. Pa~ will be made as outlined 83/21/1991 82:36 612-479-3639 SUMMERHILL TREE FARM PAGE 82 SUMMER HILL ? N I ~ p & I~ ~A i N C. ~ l~n. MN (612) 972-3639 6 December. 1995 City o£ Mound 5341Maywood Road Hound, MN. 55364 Attn: Edward J. Shukle Summer Hill Tree Farm Inc. guarantees all trees planted at 7701 County Road IlO West, Mtnnetrista (as stated on our invoice # 3556) for two (2) years. As per our conversation with John Cameron, 3 Red Oaks planted will be replaced immediately if they do not break bud within a reasonable time in spring of 1996. Although Summer Hill did not ~nclude staking of any trees on the Proposal, several trees have been staked at no additional charge. However, due to the high wind conditions, Summer Mill cannot guarantee the trees remaining plumb. Additionally, Su~er Hill will need access to the trees in the Spring/ Summer of 1996 for tilling, fertilizing etc. Sincerely, Scott Benedict President T .anti,catting. Trees and Tree Transplanting BILLS ............ December 12, 1995 BATCH 5113 $110,162.98 BATCH 5114 244,427.63 Total Bills $354,590.61 r ! "~ 14; CITY OF MOUND 5341 MAYWOOD ROAD MOUN O, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 December 7, 1995 TO: FROM: SUBJECT: MAYOR, CITY COUNCIL AND CITY MANAGER GREG SKINNER, PUBLIC WORKS SUPERINTENDENT NOVEMBER 1995 MONTHLY REPORT The new plow for truck #6 has arrived. The plow was damaged last spring. The plow was replaced through insurance monies and through the budget. All of the plows are the same now and interchangeable. Three DARE signs were installed on the Mound population signs on Commerce from the north, County Road 110 from the west and on County Road 15 heading west after the bridge. The tree lighting went very well. No complaints, it was a success. There has been some sections of lights not lighting recently. Donnie is working on this. The banners that the Westonka Retail and Professional Council purchased have been installed by the Public Works Department. They are on every other light pole, offsetting the lighted Christmas decorations. We mixed 300 tons of sand. We have plowed once and sanded once in November. John Cameron, Ed Shukle and myself looked at the Cottonwood and Peabody storm sewer. There is some work to be done there. We will do Cottonwood about this time in 1996. The Peabody storm sewer has had washouts that go into the channel. We are waiting for Widmer Bros. to acquire their permit from the Minnehaha Creek Watershed District. It will be a two day job and should be completed before Christmas. We hired a part time seasonal person for plowing. Dick Johnson has been out on a medical leave with an injury to his foot. I am not sure what will happen. Trimming of branches was done along the roadways. We try to do this in the winter time when it is warm. printed on recycled paper Greg Skinner Public Works Superintendent November Monthly Report Page 2 We talked with Charlotte, Minnetrista City Administrator, Ed, Joyce and myself regarding the composting site. We are still trying to find a site where residents of both cities can use for composting. WATER We repaired the force meters at the east end of Balboa. The meter was plugged and needed to be taken apart, cleaned and put back together. There are still a few problems left with the water meter system. We are still working with Schlumberger and Northern Water Works trying to get this resolved. It is a slow process and time consuming. We have to go out and reread meters to get billing done. There were a couple watermain breaks; one on Thanksgiving and one on the Saturday after Thanksgiving. They were not major. SEWER We are still working on some lift stations, preparing them for winter work. There are pump and panel checks. The sewer guys have helped with the banner installation, decorations, salt and sand. .MISCELLANEOUS The radio contract the City has with Nextel Communications expires at the end of 1995. We received quotes from other radio companies. We are going with Contact Communications for 1996. They are proposing the same type of service we have had with Nextel only they are $100 a month less! Utilities at Teal Pointe are being installed this month by Widmer Bros. As of 12-7-95 the water is in, the lift station manhole and the force main are partially done. They should be finishing the storm sewer on the lower half of Teal Pointe this week. Next week they will do the three out lots on Drummond. Hopefully, all of the utilities will be in by early 1996. The Fire Department storage that is being added onto well #6, behind the fire station has been started. Hopefully, this will be completed within the next 3-4 weeks and then they can fill it. GS:Is CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 December 6, 1995 TO: MAYOR, CITY COUNCIL, AND CITY MANAGER FROM: JIM FACKLER, PARKS DIRECTOR SUBJECT: NOVEMBER 1995 MONTHLY REPORT PARKS We are in the process of flooding the skating rinks at Three Points, Philbrook and Highland Parks. The weather has not cooperated with us. There was not a significant snowfall until the end of November so we could not build berms. Then with a good snow at the end of November, the berms were built, then a warm spell (into the mid 40's) melted most of what we had done. Currently with the weather colder we have begun to get some ice. DOCKS The Dock Inspector has made his rounds of inspections to all dock areas to look at proper storage of docks. Notices have been sent and compliances met where needed. TREES No trees were removed from City property in November. CEMETERY There were no burials in November. We did have one stone pushed over by a vandal. Staff uprighted and cemented it in place. JF:kb printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472~600 FAX (612) 472q)620 MEMORANDUM DATE: TO: FROM: SUBJECT: December 7, 1995 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official NOVEMBER 1995 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 21 building permits issued in November for a construction value of $351,614. This brings year-to-date value to $7,870,153. This value is behind last year to-date by $1,723,051. Let's see what December brings us, but I think we will end up slightly behind last year's record pace. There were 26 plumbing, mechanical, and miscellaneous permits issued for a total of 47 permits this month, and 729 year-to-date. .PLANNING & ZONING There were five cases processed this month by the Planning Commission and Council. In addition, the Planning Commission is working on the streamlining of variances, and the zoning of domestic abuse shelters. The Commission also reviewed vehicles for sale and telecommunications regulations. COMMUNITY SERVICE OFFICER (CSO) ACTIVITY The CSO's total contacts were 218 this month, with 25 being of a zoning related issue. 24 warning tags and one citation was issued. Additional information is in the Police Department Report. JS:pj City of Mound BUILDING ACTIVI'I~ REPORT Month: NOVEMBER Y gar:_.X22.~. THIS MONTH YEAR TO DATE EW CONSTRUCTION SINGLE FAMILY DETACHED i 127,800 23 2,570,153 5INGLE FAMILY A~ACHED (CONDOS) 10 2. 942. 000 MuLT~PL~ ~A.~L~ ~30. MO.E UN,Tm T. ANS~E.T HSG. (HOTELS /.OTELS~ SU~OTAL 1 127. 800 33 5. 512. :~-"ESID'~L !'PERMIT' I VALUATION I '"'"' I VALUATION ~ CONS~.uc.~ CO~ME.mAL mETA~LmESTAU.ANT~ 'N0n~eS~' B~ nk - Founder 3n ONLY omcE / ..O~ESmO.AL 1' ~0. 000 i 50. 000 INDUSTRIAL I : PUBLIC I SCHOOLS : '"TOTAL ~ ~0,000 1 S0,000 lES1EN~L AOD,T, ONs ~o ..,.C~.AL .U~Lm.O 2 ': 34. 745 ~ 722,024 D~TACH~D ACCESSO.~ .U~LD~.GS ~ : 6 .~29 ~2 Z~Z, DECKS 2 ~0,~50 55 Z52.925 SW~M~,...OOLS [ : ~ Zq .000 [ Zq. 000 .~OO~L - ~SC .~S~D,.T~AL ~2 98 ~90 2~9 928. .~OD~L-~ULT~.~ DWELU.GS : 6 9~ ~ [00 COMMERCIAL (R~AImESTAURANT} 1 :;' 10,000 11 107,830 omc~ ~ ,,o~ess~oN~t 1 15,000 INDUSTRIAL q 143,801 2 216,300 PUBLIC I SCHOOLS oET~c.~o ~cc~sso,~ .u~o~.as .u=~o~u 1 i 10,000 18 266,631 RESIDENTIAL DWELLINGS NON-RESIDENTIAL BUILDINGS ': TOTAL D~O~ 6 ff PERMITS $ UNITS VALUATION S ~NIT$ VALUATION ~ PERMITS TOTAL 21 351,614 ~ 7,870,153 PERMIT COUNT I THIS MQNTH YEAR-TO-DATE · BUlLDI.G 21 382 FENCES & RETAINING WALLS 3 /41 S,GNS 2 7 PLUMmNG 4 114 MEC.^.ICAL 8 119 GRADI"'G 3 10 s&w. STREET EXC^V.. FraE. ETC. 6 56 TO~^t [ 47 729 CITY OF MOUND 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 December 6, 1995 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER JOEL KRUMM, LIQUOR STORE MANAGER ~::~/'~.~ NOVEMBER 1995 MONTHLY REPORT Only one more month to go! That's 31 days, or 744 hours, or 44,640 minutes, or 2,678,400 seconds. I'll spare you the calculations in "nano-seconds". The point is, if you are in any type of retail capacity, you might as well close your eyes and open them not until the dust has cleared on January 1st. It is a blur, it is hectic, it involves many hours and there is not a lot of free time at home with the family, which is unfortunate. You just have to make what little time you have "quality time". My wife remarked to me right after Thanksgiving, "See you next year." November was a good month. Nothing to brag about and nothing to complain about either. Gross sales for the month were $120,396. Last year sales were $118,851. I expect that we should match last year's December sales this year. If we do that will put us up $40,000 approximately for the year. I will not take up any more of your time. And as I mentioned, I am busy-busy-busy. There is a holiday ad to put together for The Laker, part-time help to hire and train, and the usual insanity that goes hand in hand with these days. Have a nice and safe holiday. JK:ls printed on recyclel~ paper TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR NOVEMBER FINANCE DEPARTMENT REPORT Investment activity BouRn: Money Market Money Market Money Market Money Market CP CP Matured: First Bank Smith Barney Norwest 4M Smith Barney Dain Bosworth 6.06% 5.78% CP Dain Bosworth 5.81% CP Dain Bosworth 5.75% CP Smith Barney 5.856% Money Market 4M 35,402 44 32O 169,245 149,957 424,755 (246,351) (300,264) (149,551) (80,o0o) 1996 Budget and Levy. Since the approval of the proposed levy and budget on Sept. 12, a number of meetings were held by the Council to discuss the budget. In addition to assisting the City Manager during those discussions, I collected the data necessary for the upcoming Truth in Taxation public hearing. Computer Equioment For quite few months now we have experienced problems with the computer tape drive and two terminals. Some of this equipment is getting to be old. It is hard to find parts for them. The tape drive is a must for system and applications back-ups. The terminals are used consistently to do data entry and to search or to print information. For now we are trying to find second hand replacements. In the future we will be forced to purchase new equipment. City of Mound 12/05/95 Monthly Report Utilities Month of: November 1995 Utility-96 Residential Commercial Total No. of Customers: Water Sewer Water Used: (in 1,000 gallons) Billing: Water Sewer Recycle Total 1,130 1,124 17,223 $26,985 $45,7O3 $5,105 $77,793 122 122 3,919 $5,419 $13,542 $105 $19, O66 1,252 1,246 21,142 $32,404 $59,245 $5,210 $96,859 Payments: Water Sewer Recycle Total $27,179 $46,458 $4,717 $78,354 $3,269 $8,772 $94 $12,135 $30,448 $55,230 $4,811 $90,489 LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Chief Len Harrell Monthly Report for November 1995 The police department responded to 932 calls for service during the month of November. There were 25 Part I offenses reported. Those offenses included 2 criminal sexual conducts, 5 burglaries, 1 aggravated assault, 15 larcenies, 1 vehicle theft, and 1 arson. There were 53 Part II offenses reported. Those offenses included 2 narcotics, 6 damage to property, 1 liquor law violation, 5 DUI's, 4 simple assaults, 13 domestics (6 with an assault), 4 juvenile status offenses, and 18 other offenses. The patrol division issued 109 adult citations and 3 juvenile citations. Parking violations accounted for an additional 9 tickets. Warnings were issued to 160 individuals for a variety of violations. There were 6 juveniles arrested for felonies. There were 23 adults and 2 juveniles arrested for misdemeanors. There were an additional 11 warrant arrests. The department assisted in 5 vehicle accidents, 1 with injuries. There were 23 medical emergendes and 68 animal complaints. Mound assisted other agencies on 7 occasions in November and requested assistance 9 times. Property valued at $42,051 was stolen and $5,078 was recovered in November. MOUND POLICE DEPARTMENT MONTHLY REPORT - NOVEMBER 1995 INVESTIGATIONS The investigators worked on four criminal sexual conduct cases and two child protection issues. Those 6 cases accounted for 56 hours of investigative time. Other cases included arson, burglary, adult protection, stalking, theft, narcotics, assault, damage to property, snowmobile theft, aggravated DWI, and driving after cancellation. Formal complaints were issued for criminal sexual conduct, discharge of a weapon, worthless check, assault, failure to register sex offender, false information to police, open bottle, reckless driving, drug paraphernalia, driving after suspension, driving after cancellation, gross DWI, marijuana in a motor vehicle, and minor consumption. III. Personnel/Staffing The department used approximately 63 hours of overtime during the month of November. Officers used 15 hours of comp-time, 107 hours of vacation, 69 hours of sick time, and 13 holidays. Officers earned 23 hours of comp-time. One officer attended a week long course for intoxilyzer operators, several officers attended continuing education training through PTAC in November. Officer Truax attended Wilson Supervisory Leadership. Officers attended EMT refresher, a presentation on the emergency response in Oklahoma City, and all officers attended a department shoot. The Mound Police Reserves donated 192 hours during the month of November. The reserves continue to do an excellent job with a current compliment of only 6 people. MOUND POLICE DEPARTMENT MONTHLY REPORT - NOVEMBER 1995 VI, Community Service Officers Officers Maid and Paschke addressed 31 animal complaints, 65 ordinance violations, and 117 miscellaneous calls for service. Five citations were issued in November. MOUND POLICE DEPARTMENT NOVEMBER 1995 I~POI~TF, D UNFOUI~ED CLF~d~D ~,.~ST ADULT PART I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 2 0 1 0 0 1 0 0 0 0 0 0 1 0 0 1 0 1 5 0 0 0 0 0 15 0 0 2 0 4 1 0 0 0 0 0 1 0 0 0 0 0 PART II CRIMES Child Abuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (No Assault) Harassment Juvenile Status Offenses Public Peace Trespassing All Other Offenses 25 0 1 3 0 6 TOTA.T. 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 2 0 1 0 0 1 4 0 5 0 0 5 5 0 4 0 3 1 0 0 6 0 0 6 6 0 7 0 0 0 0 0 0 0 0 0 0 0 4 0 1 2 0 2 1 0 0 1 2 0 0 0 0 0 0 0 17 1 0 4 4 0 53 I 4 22 23 2 PART II & PART I~ Property Damage Accidents ~Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual ;kid Other General Investigations TOTA~ 4 1 0 23 68 7 585 688 HCCP Inspections TO~A~ 1 65 832 25 23 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT NOVEMBER 1995 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS YEA/~ TO LAST YEAR MONTH DATE TO DATE 76 803 632 27 612 486 30 185 166 78 682 354 67 655 667 9 292 252 5 47 83 4 39 71 4 82 95 1 29 36 0 0 0 2 23 29 32 338 366 6 50 37 2 140 103 25 245 325 53 690 760 23 304 299 68 617 946 65 513 479 585 6,496 8,661 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,162 65 12,842 14,847 824 483 32 338 434 1 29 42 7 170 133 9 137 95 MOUND POLICE DEPARTMENT NOVEMBER 1995 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop A~m Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt MV/ATV Miscellaneous Tags 5 4 0 7 0 52 1 0 5 0 4 0 10 0 13 0 1 9 0 1 1 2 0 118 0 0 1 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 MOUND POLICE DEPARTMENT NOVEMBER 1995 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor 39 18 34 0 4 17 0 0 0 40 152 2 2 2 0 0 0 0 0 0 2 0 0 Run: 5-Dec-95 13:21 PRO03 Primary ]SHes only: Ho Date Reported range: 10/26/95 - 11/25/95 ctivity codes: Att Status: Att Property Types: Property Descs: Att Brands: All Node[s: Att Officers/Badges: All Prop Prop lnc no IS# Pr Prop Date Rptd StoLen Tp Desc SN Stat Stolen Value ? Prop type Totals: A Prop type Totals: B Prop type Totals: D Prop type Totals: E Prop type Totals: J Prop type TotaLs: Prop type Totals: Prop type Totals: T Prop type Totals: V Prop type Totals: Prop type Totals: Y Prop type Totals: **** Report Totals: 35,000 4,000 70O 88 25 30 386 920 710 60 127 5 42,051 HOUND POLICE OEPkR~H~ Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Page Date Recov'd Quantity Act Brand Node[ Off-1 Off-2 Recov~d VaLue Code Assnd Assnd 0 1.000 4,000 1.000 100 4.000 0 1.000 0 1.000 0 1.000 50 3.000 920 2.000 3 5.000 0 1.000 0 5.000 5 1.000 5,078 26.000 Run: S-Dec-95 11:56 CFS08 Primary ISN~s only: No Date Reported range: 10/26/95 - 11/25/95 Time range each day: 00:00 - 23:59 Hog Received: ALL Activity ResuLted: ALL Dispositions: ALL Officers/Badges: ALL Grids: ALL Patrol Areas: AL[ Days of the ueek: ALL MOUND POLICE DEPARTMENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CCN)E NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 52 9001 J-SPEEDING 1 9002 NO D/L, EXPIRED D/L 1 9014 STOP SIGN 4 9015 J-STOP SIGN 1 9018 EQUIPMENT VIOLATION 10 9021 J-CARELESS/RECKLESS 1 9022 EXHIBITXON DRIVING 1 9026 OVER THE CENTER LINE 9040 NO SEATBELT 2 9050 ALLOUING INCOMPETENT TO DRIVE 8 9100 PARKING/ALL OTHER /" 9140 NO PARKING/WINTER HOURS .,/ 1 9200 DAS/DAR/DAC ? 9210 PLATES/NO-IMPROPER-EXPIRED 5 9220 NO INSURANCE/PROOF OF 13 9240 CHANGE OF DOMICILE 1 9300 LOST ARTICLES/OTHER 2 9312 FOUND ANIMALS/IMPOUNDS 3 9313 FOUND PROPERTY 5 9314 FOUND VEHICLES/IMPOUNDED 2 9430 PERSONAL INJURY ACCIDENTS Page Run: 5-Dec-95 11:56 CFSO8 Primary ]SN~s only: No Reported range: 10/26/95 - 11/25/95 each day: 00:00 - 2~:59 Ho~ Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the ~eek: A~ MOUND POLICE DEPARTMENT Enfors CaLfs For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9450 PROPERTY DAMAGE ACCIDENTS 9564 DOG BARKING 9566 ANIMAL ENFORCEMENT TICKETS 9700 MEDICAL/SU 9710 MEDICAL/ASU 97'50 MEDICALS MEDICALS/DX 9750 FIRES 9800 ALL OTHER/UNCLASSIFIEO 9801 DOMESTIC/NO ASSAULT 9802 PUBLIC ASSIST 9900 ALL HCCP CASES ~904 OPEN O00R/ALARMS 9910 MISC. SERVICES BY OFFICERS 9911 992O 9921 9930 9931 JUVENILE STATUS OFFENSES INSPECTIONS DEPARTMENT INSPECTIONS CITATION HANDGUN APPLICATION HANDGUN DENIALS I SUSPICIOUS PERSON WARRANTS NISC. VIOLATIONS 1 1 1 1 17 1 5 7 4 1 5 1 1 3 1 3 11 3 9980 9990 Page Run: 5-Dec-~5 11:56 CFS08 Primary ISN's only: No Date Reported range: 10/26/~5 - 11/25/95 Time range each day: 00:00 - 23:59 How Received: ALL Activity ResuLted: ALL Dispositions: ALL Officers/Badges: ALL Grids: ALL Patrol Areas: ALL Days of the~eek: ALL MOUND POLICE DEPARTMENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACT]VITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9991 J-MISC. VIOLATIONS 9992 MUTUAL AID/8100 ~3 MUTUAL AID/6500 9994 MUTUAL AID/ ALL OTHER 9996 MUTUAL AID/NARCOTICS A2535 ASLT 2-THREAT BOOZLY HARM-KNIFE ECT-CHLD-ACG A5351 ASLT 5-MS-INFLICT ATTEMPTS HRM-HANDS-ADLT-FAM A5352 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC A5355 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-ACG B3494 BURG 3-UNOCC RES NO FRC-U-UNK NEAP-CON THEFT B376~ BURG 3-UNOCC NRES FRC-N-UNK NEAP-COl4 THEFT B3894 BURG 3-UNOCC NRES NO FRC-U-UNK NEAP-CON THEFT B4960 BURG 4-AT FRC RES-N-UNK ~EAP-UNK ACT 08500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESS%ON ARSON 3-FE-UNK COND-HTR VEH-$20000 MORE TRAFFIC-GM-AGG DUI-UNK INJ-UNK VEH TRAF-ACC-r~4-AL 10 MORE-UNK INJ-UNK VEH TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIGIJOR TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH CSC 4-U#K ACT-PARENT-UNDER 13-F CSC 4-UNK ACT-ACqUAINT-UNDER 13-M LIGUOR - OTHER 1 3 1 2 1 1 6 1 3 2 1 1 1 2 1 3 2 2 2 1 1 1 F3081 J2700 J2EO0 J3500 J3EO0 L7021 L7072 N~199 Page Run: 5-D~-95 11:56 CFS08 Primary ISN's onty: Date Reported range: range each day: Ho~ Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: No 10/26/95 - 11/25/95 00:00 - 23:59 Ali Att All AIl Ali All Ali MC)UNO POLICE DEPARTMENT Enfors Calls For Service %NCIDENT ANALYS]S aY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS JUVENILE-RUNAgAY MISTREATMENT-PERSONS-RESIDENTS-PATiENT CONFINE DISTURBING PEACE-FE-STALKING-UNKNOgN DISTURBING PEACE-GM-STALKING-UNKNOgN DISTURB PEACE-MS-DISORDERLY CONDUCT M5350 M8001 N1310 #2310 N3030 3 1 2 1 1 4 2 1 1 1 2 1 1 1 3 1 1 1 2 1 1 P3110 PROP DANAGE-NS-PRIVATE-UNK INTENT PROP DANAGE-MS-BUSINESS-UNK INTENT LITTER-UNLAgFUL DEPOSIT OF 6ARBAGE-MS TF021 THEFT-201-500-GN-BUILDING-MONEY TF059 THEFT-201-5OO-GN-YARDS-OTH PROP TF159 THEFT-201-5OO-GM-MOTOR VEH-OTH PROP TG021 THEFT-LESS 200-NS-BUILDING-MONEY TG029 THEFT-LESS 200-MS-BUILDING-OTH PROP TG151 THEFT-LESS 200-MS-MOTOR VEH-NONEY TG159 THEFT-LESS 200-NS-MOTOR VEH-OTHER U223A FRAUO'GN-LNG-DIST-PHO-CALL-201-2500 U3236 FRAUD-MS-LONG DIST PHON CALL-S250 LESS U3288 THEFT-MS-SHOPLIFTING-200 OR LESS LI3498 THEFT-NS-BICYCLE-NO MOTOR-200 OR LESS VEN'501-2500-FE-THEFT-TRUCK-BUS X3250 CRIN AG~ST AONN JUST-MS-VIOL ORD PROTECTION Page **** Re~rt Tota[s: 273 Run: 5-Dec-95 12:39 OFF01 Primary ISN's onty: No Date Reported range: 10/26/95 - 11/25/95 each day: 00:00 - 23:59 Oispositions: AIl Activity codes: Officers/Badges: Att Grids: MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page ACT ACTIVITY OFFENSES COOE DESCRIPTION REPORTED A5351 A5352 ASLT 2-THREAT BOOILY HARM-KNIFE ECT-CHLD-ACQ ASLT 5-MS-INFLICT ATTEMPTS HRM-HANDS-ADLT-FAM ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC A5355 ASLT 5-MS-INFLICT BD HRM'HANDS-CHLD-ACQ B3494 BURG 3-UNOCC RES NO FRC-U-UNK NEAP-CON THEFT B3764 BURG 3-UNOCC NRES FRC-N-UNK NEAP-CON THEFT B3894 BURG 3-UNOCC NRES NO FRC-U-UNK NEAP-CON THEFT BURG 4-AT FRC RES'N-UNK NEAP'UNK ACT D8500 DRUGS-SMALL AMOUNT MARIdUANA-POSSESSION F3081 ARSON 3-FE-UNK COND-MTR VEH-$20000 MORE d2700 TRAFFIC-ON-AGG OUI-UNK INJ-UNK VEH J2EO0 TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH J3500 TRAF-ACCID-NS-DRIVE UNDER INFLUENCE OF LIQUOR d3EO0 TRAF-ACC-NS-AL 10 MORE-UNK INJ-UHK VEH L?021 CSC 4-UNK ACT-PARENT-UNDER 13-F L?OT2 CSC 4-UNK ACT-ACQUAINT-UNDER 13-M M4199 LIQUOR - OTHER M5350 JUVENILE-RUNANAY M8001 MISTREATMENT-PERSONS-RESIDENTS.PATiENT CONFINE N1310 DISTURBING PEACE-FE-STALKING-UNKNONN DISTURBING PEACE-GM-STALKING-UNKNO~N N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT P3110 PROP DAHAGE-MS-PRIVATE-UNK INTENT 1 6 1 3 1 1 1 2 1 3 2 1 1 1 3 1 1 1 4 ..... OFFENSES CLEARED .... UN- ACTUAL ADULT JUVENILE BY EX- PERCENT FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED 0 1 0 0 I 0 I 100.0 0 6 0 6 ' 0 0 6 100.0 0 1 0 0 0 1 1 100.0 0 3 0 0 1 2 3 100.0 0 2 2 0 0 0 0 0.0 0 1 1 0 0 0 0 0.0 0 1 1 0 0 0 0 0.0 0 1 1 0 0 0 0 0.0 0 2 0 2 0 0 2 100.0 0 1 1 0 0 0 0 0.0 0 3 0 3 0 0 3 100.0 0 2 0 2 0 0 2 100.0 0 2 0 2 0 0 2 100.0 0 2 0 2 0 0 2 100.0 0 1 0 0 0 1 1 100.0 0 1 1 0 0 0 0 0.0 0 1 0 1 0 0 1 100.0 0 3 0 0 2 1 3 100.0 0 1 1 0 0 0 0 0.0 0 2 2 0 0 0 0 0.0 0 1 1 0 0 0 0 0.0 0 1 0 1 0 0 I 100.0 0 4 4 0 0 0 0 0.0 Run: 5-Dec-95 12:39 OFF01 Primary ISN~s on[y: No Date Reported range: 10/26/95 - 11/25/95 Time range each day: 00:00 - 23:59 Dispositions: Activity codes: Officers/Badges: Grids: MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING P$130 TF021 TF059 TF159 TG021 TG029 TG151 ..... OFFENSES CLEARED .... AOULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED PROP DANAGE-MS-BUSINESS-UNK INTENT THEFT-201-5OO-GM-BUILDING-MONEY THEFT-201-5OO-GM-YAROS-OTH PROP THEFT-201-5OO-GN-MOTOR VEH-OTH PROP THEFT-LESS 200-MS-BUILDING-MONEY THEFT-LESS 200-MS-BUILDING-OTH PROP THEFT-LESS 200-MS-MOTOR VEH-MONEY TG159 THEFT-LESS 200-MS-MOTOR VEH-OTHER U223A FRAUD-GM-LNG-DIST-PHO-CALL-201-2500 U3236 FRAUD-MS-LONG DIST PHON CALL-S250 LESS U3288 THEFT-MS-SHOPLIFTING-200 OR LESS U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS VB022 VEH-501-2500-FE-THEFT-TRUCK-BUS X~250 CRIM AGNST ADMN JUST-MS-VIOL ORD PROTECTION 2 0 2 2 0 0 0 0 0.0 1 0 1 I 0 0 0 0 0.0 I 0 I I 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 0 1 0 I 100.0 3 0 3 3 0 0 0 0 C 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 0 1 0 1 100.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 1 0 0 0 0 0 0 O.O Report Totals: 62 1 61 31 19 6 5 30 49.1 RECEIVED N0 /2. 9 . MINNEHAHA CREEK ~'~'~~ 15500 Wayzata Boulevard HED 0 Suite 611 Twelve Oaks Center Wayzata, Minnesota 55391 office: (612) 476-7970 fax: (612) 476-7973 BOARD OF MANAGERS: John E. Thomas, President; Pamela G. Blixt, Vice President; Martha S. Hartflel, Secretary; Thomas W. LaBounty, Treasurer; Monica Gross; C. Woodrow Love; Thomas Maple, Jr.; District Director Eugene R. Strommen WATERSHED~BOUNOARY MINNEHAHA CREEK WATERSHED DISTRICT News Release November 27, 1995 Contact: John Thomas, President 470-8151 Gene Strommen Dist. Dir. 476-7970 FOR IMMEDIATE RELEASE SUBJECT: Watershed District Teams Up With Freshwater Foundation The Minnehaha Creek Watershed District has taken a refreshingly innovative approach in selecting a new office location. It has chosen to reside, along with the Freshwater Foundation, in the Gray Freshwater Center, the former Gray Freshwater Biological Institute, located at the intersection of Highways 15 and 19 in Navarre. Both organizations are looking forward to the many benefits which will come from this new relationship. Both organizations have the same objective, clean water and clean water education. "Although the Foundation's scope is international and the District's concern are purely local, we both expect to benefit greatly from this new association," District president John Thomas, Victoria, observed. "Developing cost effective ways to keep surface water clean and prevent flooding within the District is the reasc~n lhe watershed districts Were created by the legislature," Thomas said, "and our decision to share facilities with the Freshwater Foundation demonstrates the District's commitment to always seeking out the most economical way of carrying out our responsibilities." Those responsibilities include: · Assure that, as land in the District is developed, "best management practices" are followed, all pursuant to a state-approved water resources management plan addressing storm water management (flood control and water quality) and wetland and lake preservation. · Construct retention ponds, dams, catch basins and other structures to implement the plan objectives. · '" ' ' · Collect and analyze watershed hydrologic data. Implement public education programs to encourage citizen involvement in assuring clean water for this and future generations. District Managers, in addition to Thomas, are C. Woodrow Love, Shorewood, Tom Maple, Deephaven, Tom LaBounty, Minnetonka, Martha Hartfiel, Long Lake, and Pamela Blixt and Monica Gross, Minneapolis. The new address for the Minnehaha Creek Watershed District is 2500 Shadywood Road, Navarre, MN 55331. District Director Gene Strommen and Assistant Director Suzanne Weedman may be reached at 471-0590 or by FAX at 471-0682 after December 1, 1995. MINUTES OF A MF. ETING OF TIFF. MOUND ADVISORY PLANNING COMMI.qSION NOVEMBER 27, 1995 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Jerry Clapsaddle, Ed Surko, and Lisa Crum, City Council Representative Mark Hanus, Building Official Jon Sutherland and Secretary Peggy James. ' commissioner,s Weiland, Glister, and Voss were absent and excused. The following people were also in attendance: None. MIHUT~8 The Planning Commission Minutes of November 13, 1995 were presented for approval. Hanus referred to page 4, 3rd to the last paragraph and indicated that it was not his intent to agree with Mueller that lakeshore setback variances should not be included, and requested that his name be deleted from this statement. MOTION made by Surko seconded by Clapsaddle to approve the Planning Commission Minutes of November 13, 1995 as amended. Motion carried unanimously. ~ESIGNATION OF COMMISSION Lisa Crum submitted a letter of resignation and announced that due to her class schedule for the next year, she will be unable to continue to serve on the Commission. VARIANCE 8TREAM?.INING The Building Official informed the Commission that at the last COW meeting, the Council reviewed the Variance Streamlining Study results as prepared by Michael Mueller and Peggy James and concluded that the impact of the proposed streamlining statements would be very minimal. The Council determined that staff should evaluate what type of variances have been given in the past and see what comes out of that information to decide where the streamlining should start. The Council directed staff to do a more thorough review and bring back the information to the City Planner who will then bring a report back to the Planning Commission for review. Hanus read the COW meeting minutes relating to this issue. Hanus summarized that they want to find out how serious of a change is necessary in order to make an impact. Mueller commented that it will take a lot of time and money for staff to do this research and they may just find that Mound has weird properties that need variances. He knows that most variances are approved, but feels that most are unique and the properties have troubles that should be looked at. Planning Commission Hinutes November 27, 1995 Clapsaddle commented that by doing this research and ~oing through this process we may learn something and may determine that our codes also need to be unique. Mueller noted that he is not interested in burdening people, but he doesn't want to not require variances just to convenience the Planning Commission and Council. VEHICLES FOR SALE ORDINANCE The Building official Reported that the Council has asked for feedback on this proposed ordinance amendment. Sutherland stated that the City Planner had no comments on this issue. Hanus noted that this type of ordinance change would not normally require input from the Planning Commission, but because it involves land use, the Council asked for your opinion. Clapsaddle does not see a problem with the ordinance, but would rather see the Council spend time on what is lacking in this town such as walking paths, rather than restrict the occasional "for sale" sign. Surko had no comments as a Planning Commissioner, but his personal perspective is that he finds them offensive. Crum agreed with Clapsaddle that there are more important issues to attend to and does not think Mound has a problem with vehicles for sale. Mueller commented that the proposed ordinance is well written, and is comfortable with it one way or the other. Michael commented that he frequently sees vehicles for sale parked in the old Fina lot at the entrance of Three Points. Vehicles for sale on public property versus private property was discussed. MOTION by Mueller, seconded by Clapsaddle to recommend approval of the proposed Vehicles For Sale ordinance amendment. Motion carried $ to 1. Those in favor were: Clapsaddle, Surko, Michael, Crum, and Mueller. Nanus abstained. O~INANCE GOVK~HW!NG T~L~CO__WD(_UNICaTIONS OR ~LHTED SERVICES IN THE PUBLIC GROUND OF THE CITY OF MOUND Building Official, Jon Sutherland, reported that the City Planner had no comments. 2 Blanning Commission Hinutes November 27, I995 MOTION by Mueller, seconded by Crum to recommend &poroval of the proposed _ordinance amendment relatin'u to Telecommunications · · - unanimously, merm~=s, Section 617. Motion carried DOMESTIC ABUSE SHELTERS Building Official, Jon Sutherland, related to the Commission his discussion with the City Planner on whether the City should review the possibility of amending the ordinance to address domestic abuse shelters. If the Planning Commission feels we should deal more directly with domestic abuse shelters, then staff can review the ordinance and bring back suggestions. Hanus explained that this issue was raised by a council member and is was suggested that domestic abuse shelters be reviewed pro- actively rather than wait for the next proposal to come forth. Is there an appropriate zone for this use? and if so, what would it be? and how should it be permitted? by conditional use? or not permitted at all? Clapsaddle commented that nobody wants them in their back yard, so there should be a hearing to allow the community the opportunity to review it. Michael feels that the community has a need for domestic abuse shelters, and he was in favor of the previous proposal. He is concerned that if a future proposal ever goes to a public hearing they it will never get anywhere because nobody wants them in their back yard. Clapsaddle noted that he thought the Fina property was a good location. Mueller suggested they layout where in Mound they think a shelter could be located. He feels that they are similar to a multiple residence, so property zoned for multiple residences may be appropriate. He does not feel it would be appropriate to have a shelter in an area that is surrounded by single family residences. Hanus noted that shelters can take on different appearances, such as a single family home, and it may not aesthetically fit into an industrial or commercial zone. Surko feels they should be permitted if they can pro-actively plan an area to suit the needs of a shelter and create an environment where a shelter would be accepted. He would like to work on a solution and noted that he has some related experience on the issue. Hanus expressed a concern about creating an area where shelters would be allowed as a permitted use versus a conditional use, and does not want to eliminate the need for a hearing just to avoid rejection from the community. Hanus noted that conditional use permits can create positive results, such as requiring screening and buffering for neighbors. Planning Commission Hinutes November 27, I995 Surko suggested the Planner should look at the specific needs of a shelter, such as access to public transportation, close to service jobs, close to schools, and close to health facilities. Sutherland summarized from the city Manager's memorandum, that the Council is asking the Planning Commission if any allowances can be within the zoning ordinance to provide for this use, and if so, how would you recommend this be accomplished? MOTION by Mueller, secon~e~byCrumto recommen~ that the City Planner further review how to amen~ the zoning ordinance to allow for Domestic ~buse Shelters, an4 to investigate potential locations that woul~ permit Domestic ~buse Shelters. Motion carrie~ $ to 1. Those in favor were= Surko, Hanus, Michael, Crum, an~ Mueller. Clapsa~le &bstaine~. Surko suggested that they should do an analysis on the needs of a shelter, and he offered to assist the planner in a needs analysis. Clapsaddle commented that he is troubled by setting places that they can or can't be and he has reservations about the proposal, but is not opposed to having shelters. Mueller noted that it is better to have a place where they can be rather than have a discussion every time they want to be somewhere. Mueller would like to see a certain area zoned to allow shelters as a permitted use. CITY COUNCIL REPRESENT&TIVE'S REPORT Mueller stated to Hanus that he would be willing to sit on the Central Business District (CBD) Parking Committee when it is formed, as a Planning Commission liaison, because he feels the Planning Commission needs a representative on it. Hanus stated that his request should be referred to the City Manager. Hanus noted that at last Tuesday's COW meeting he raised the issue about the Council Representatives duties, and they requested a copy of his letter which will be discussed tomorrow night. Mueller questioned the Building official about construction activity at a house on Commerce Blvd. which is located in the B-1 without zone. Sutherland explained that constructed started a permit, but a permit has now been issued to allow for repairs to a small portion of the foundation and the dilapidated rear entry of the building was demolished. A full staff review was conducted, including the City Planner and City Attorney, and further work would not be allowed without variance approval. Planning Commission H/nutes November 27, 1995 MOTION made by Crum, seconded by Surko to adjourn the meeting at 9:40 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 5 MIKE OPAT COMMISSIONER RECEIVED DEC- 1 lgg5 612 - 348- 7881 FAX- 348 - 8701 BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487-0240 November 29, 1995 Mr. Edward J. Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear Edward: Thank you for your November 21, 1995 letter supporting funding for Senior Community Services. I am pleased to report that the Hennepin County Ways and Means Committee approved a 1996 budget amendment yesterday that will restore $66,831 to the Senior Community Services contract; total 1996 funding for the organization will be $177,579 Thanks again for your letter; I appreciate the time and effort you took to inform me of your views. Sincer~~ MIKE OpAT - 1st Dis~missioner KD738 PKINTED ON RECYCLED PAPER SENIOR COMMUNITY SERVICES 10709 Wayzata Blvd., Suite 111, Minnetonka, MN 55305 BOARD of DIRECTORS Phone541-1019 Fax541-0841 Daralyn Peifer President Bob Zagaros 1st Vice President RECEIVED DEC- 7 199,5 Ryan Schroeder M e rn o 2nd Vice President William H. Gray Secretary Kevin Krueger Treasurer Tom Ticen Past President Marty Guritz Member-at. Large Aiko Hlguchl Member-at-Large Mary Anderson Nelson Berg John C. Boeder _ Lucllle Crow ~obert DeGheffo ~lllBwlght Johnson Tad Jude John Keefe John Nelson Senator Gen Olson Lawrence Schram Benjamin F. Withhart Executive Director & C.E.O. PROGRAMS Date: Dec. 5, 1995 To: From' Edward Shukle Ben Withhart ~ Re: Success with budget amendment at Hennepin County Thanks to all of you who took time to write or call members of the County Board. A very small number (fewest in recent memory) of 1996 budget amendments were offered by the County Board. Commissioners Tambornino and Steele co-authored our budget amendment - it passed 7-0. Very few amendments received unanimous support. Your efforts and support made a big difference. The level of service to our frail elderly residents will remain the same for 1996. · H.O.M.E. · Multi-purpose Senior Centers & Community Groups Happy Holidays! · Senior Outreach · Seniors Serving Business DEC 87 'g5 1S~03 LEAGUE OF MN CITIES League of Minnesota Cities December 6, 1995 P.! 145 University Avenue West St. Paul, MN 55103-2044 TO: FROM: RE: City Managers of NLC Direct Member Cities Appointments to 1996 NLC Policy and Steering Committees The National League of Cities is seeking applications for appointment to i~s policy and s~eerir~ commiriees. The policy and steering committees and the NLC policy process is briefly described below. Thc deadline for applications is Friday. December 15. Please contact elected and appointed officials in your city to determine thek interest in serving. The NLC policy process and the focus of each committee is described below. The League of Minnesota Cities Board of Directors would IL~ke to increase the Minnesota involvement in the NLC policy process. GENE~ POLICY AND STEERING COMMITTEE INFORMATION The NLC policy development process is somewhat diffferent from our Minnesota process. The NLC process includes' policy committees anti steering committees. The policy committees meet twice a year at the March Congressional Cities Confcrcncc in Washington, D.C. and at the November Congress of Cities that will be held in San Antonio, TX in 1996. Thc policy coramiuces initially meet in March m set priorities and establish the work program for the associated steering commiuce. At the November meeting, the policy committee reviews and votes on recommendations that are developed by the steering committee. Each NLC steering committee meets fQUr times during the year. These meetings occur at the Congressional City, Conference in March, the Congress of Cities in late November, and at one-and-a-half day sessions held in May or June and again in September or October. Steering committees work on the priority topics established in March by thcir corresponding policy committee. At the spring and fall meetings, the steer'mg commiuee members consider and prepare policy proposal~ for presentation back to their policy commiUee at thc Congress of Cities. The League of Minnesota Cities will reimburse all direct expenses for NLC steering commiuec members, cxcept for expenses associated with the steering commk£ee meetings held at thc Congress of Cities and the Congress. ional Citics conferences. Expenses for policy commiuee members are not reimbursed. HOw TO APPLY Elected and appointed city officials may apply (or reapply if currently serving) to serve onpolicy committees. The League of Minnesota Cities is eligible to appoint up to five members to each of the six committees. No application form is ~. If officials from your city are interested in serving on policy commiuees, please contact me as soon as possible. On December 15, the League will notify NLC of the names of Minnesota city officials who will serve on policy committees. EIw. ted city officials from NLC direct member cities may apply for the steering committees. Steering commlRee appointments are made by NLC committe~ chairs. Application forms for steering committee appointment (or AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)281.1200 (800) 925-11~ TDD(612)281-1290 F~(612)281-1299 DEC 07 'g$ 15:04 LEAGUE OF MN CITIES teappointment if currently serving) may be obtained from Elma Ann Lyon at the LMC office (612)-281-1202. Please send or fax a copy of completed applications to my attention as well as to the National League of Cities. While LMC oes not appoint steering committee members, League President Karcn Anderson will review and recommend ~appointment of M/rmesota city officials to the National I~aguc of Cities by December 1S. DEg(~RIPTION OF NLC POLICY AND 5TI~,I~-ILENG COIVlbI1TTEE~; Finance, Admln~ration and Intergovernmental Relations (FAIR): National economic policy, general t'mancial assistatr, e programs. liability insurance, in~a'govermcnlal rehuions, municipal bonds, and capital lrmanoc, municipal managemem, anfim~ issues, citizen participation and civil rights, and labor relations. Eaer~y, l~avlrommeat and Natural Resources (~2VR): Air quality, water resources, was~ewater treaunent, energy, vraste manqemcat, infrasu-ucturc, urban esthetics, and noise conltol. C,~_munity ~ud Economic Development (CED): Na~iolul utbaa policy in local economic development, community development and community develogment block gran~z, housing and ~ighborhood developmenL land use, recrea6oa and parks, and historic ~ation. Human Development (ND): Employment ~nd job training, social security and unemployment insurance, income support programs. immigr~ion and rr.f-ugees, health and education. ~ual opportunity a~i social services. 'l'ra~on sui Comm,.mhatiom (T&C): Plgli; tra~t, 'stretu ~ highways, air transportation, rallwads and watt. rays, and cable t~levi~ion ~gi tclccommunirafions. Public Safety ~nd Crime Prevention (PSCP): Crime prcvcmion, corrections, substance abuse, municipal fire policy, jure. nile justice. aad disaster relief and prcparod~s$. Oc 1995 NLC Policy/Steering Committee Members ommunlty & Economic Development Energy, Environment & Natural Resources uck Canfield, Councilmembcr, Rochester Nancy Mikkita, Council Presideat, Red Wing Romeo Cyr, Mayor. Red Wing Lylc Hanks, Mayor, St. Louis Park Terry Schneider, Councilmember, Minuetonka Mark VoyJ~, Couacilmember, Moorhead Steering Committee Members: Yvonne Pretmer, Council Presidem, Duluth Finance, Administratio~ & Intergovernmental Relations Tom Ehflidunazm, IOR Director, Minneapolis Leo Eldred, Councilmember, Moorhead Vir~ni:~ Sm'ling, Councilmember, Apple Valley No ~teering committee members Traasponalion & Communications Sonja Berg, Councilmembe. r, St. Cloud Ka~een Oaylord, Mayo~, South St. Paul Dale Gus'~son. Councilmcmber, Brooklyn Park Larzy $orgenson, Councilmember. Coon Rapids Saadta Krebsbach, Councilmember Mendota Heights Q:bering Comrrdttce M~rnber: Benke. Mayor, New Brighton (4 policy committee vacancies) Steering Committee Members: NeilI Atkira, Councilmember, Duluth Sue Hess, Councilmember, St. Cloud Hnman Development Lynn HardestT, Councilmember, Duluth Frances Hesch, Councilmember, Hopkins larry NichoLson, Councilmember, Moorhead Lc,Mm Sargent, Councilmcmber. Maple Cu'ove Steering Committee Members: Joan Campbell, Councilmember, Minneapolis Sharon Fees, Councilmember Brooklyn Park PlibliC' S~ety & Crime Prevention No steering committee member O.o 0 CL 0 ~ COMMONS TASK FORCE MINUTES OF A MEETING DECEMBER 5, 1995 Those present were: Frank Ahrens, Rodney Beystrom, Jim Funk, Chair Mark Goldberg, Marilyn Byrnes, Dennis Hopkins, Rita Pederson, Rodrigo Plaza, Gordy Tuiberg, Bev Botko, and Parks Director Jim Fackler. Michael Shearer was absent. Chair Goldberg reviewed the agenda for the meeting. The Commons Task Force Minutes of November 28, 1995 were reviewed, and the following changes were made: Page 3, the first half of the page relating to shore fishing was deleted, from "The importance of shore fishing .... "to the start of the "CONCLUSIONS: CITIZENS AT LARGE. Pederson explained that the way it was presented was out of context because it does not reflect the whole picture. Page 4, item 3, was amended as follows, "3. Encourage shared dock usage, and where possible,,' .......... ,,..,,~.,.,~,~ include small multiple dock complexes (accommodating about 6 boats) at approximate locations.~,", ..."- ,.,...,,"" .... ,.," 5:y ~ in order to help eliminate dock sites in problem areas." Page 4, item 3, was amended as follows, "4. ~ Restrict use of dock program to Mound residents ~..,.~..~~ ...... :*~-~ ~* ,-,~*~- *~,, ,;,,~ :~ ~ .... - ~ They know that Page 4, item 7, "7. Maintain number of boats,.,,,.~"" .,.,,.~"~'- .,..... -: ~-" the ordinance currently does this, and it was suggested that they could go into more detail when they discuss their recommendations. DISCUSSION - PRESENTATION TO COUNCIl It was discussed that different task force members should participate in the presentation of their recommendation to the Council. The Council reviewed the "conclusions" (the yellow sheet), and made the changes as indicated below. (The underlined text is new.) Commons Task Force Minutes December 5, 1995 CONCLUSIONS: 1. ABUTTER.C; Dock spacing ~*~- .~_.A~ , ........ ,. over congestion is a problem at commons with close quarters* between abutters and nonabutters. docks close together shoreline close to abutters house (Leah Weyker, a nonabutter from Bluebird Lane, arrived to observe the meeting). Ranking the conclusions was discussed, however, it was determined not to rank them. w Concerned about having commons docks in front of their houses. Most are not happy with the city's control and enforcement of the commons and dock ordinances. Most are not satisfied with the balance that the city has struck between the rights of the homeowners abutting commons and the rights of the dock site holders that do not live on the lake. Most want to keeo and are willing to take responsibility for maintaining private structures on the commons. 6, Over-riding issue is privacy. (Rod Plaza arrived.) Inexpensive boat dockaae. Some commons have a areater level of problems than others: a. size of boats b. winter storage c. {;anooies The Parks Director noted that there are only about 6 boats in the dock program that are over 28 feet, and 4 of them are abutter's boats. 2 Commons Task Force Minutes December 5, 1995 CONCLUSIONS: NONABU3-1'ER$ !, Have a hiah level of satisfaction with the dock or0gram. 2. Most important issues: a. Inexpensive boat dockage. b. Walking distance to docks. c. Dock fishing. 3. Least important issues: a. Shore fishing. b. Swimming. c. Parties. d. Picnics. e. Encroaching structures. CONCLUSIONS: CITIZENS AT LARGF 1. Most important issue is access to inexpensive boat dockage. 2. Much of the geography/topography of the commons is not conducive to public usage. 3. There is adequate park facilities in Mound and lakeshore access to provide for the various activities of the citizens at large. 4, Some of the citizen at larae survey results are in(;onclusive. 5, The citizen at large resoonse rate was relatively Iow Goldberg noted that he plans to consult with a market researcher that will calculate, based on the number of people who responded, what is the likelihood that the survey results are accurate, and this should support the conclusions for the citizens at large. RECOMMENDATIONS (rouqh-draft): (pink sheet) 1. Over-riding issues are abutter's privacy and nonabutter's preference to maintain dock access within walking distance of their homes. 3 Commons Task Force Minutes December 5, 1995 A primary objective is to reduce nonabutting docks in front of abutting properties and keeping nonabutters docks within walking distance from their homes. This recommendation pertains to commons thal; hpve been idenl;ified in the survey as oroblem areas. Encourage shared dock usage, and where possible include small multiple dock complexes (accommodating about 6 boats) at neiohborhood locations in order to help eliminate dock sites in problem areas. 4. Restrict use of dock program to Mound residents. The nonabutter's survey results indicated they do not have a problem with encroachments on the commons. The Flow Chart should be amended, and then the ordinance amended according to the Flow Chart, to increase the number of years for which a permit is valid from three years to the life of the structure. Encroachments should be regulated by the Shoreland Management Ordinance, the same as structures on private property. The ownership/responsibility of these encroachments may need to be clarified by the City Attorney. Identify those commons areas which have more problems/dissatisfaction (i.e. dock spacing and privacy issues), and individually evaluate the problems and develop solutions to those problems. 7. Maintain total number of boats. Large boats/canopies should be addressed. Certain commons areas may need to be restricted to size of craft. Areas should be designated for large boats/canopies where privacy is not a concern. Ahrens referred to the Proposed Recommendation as submitted by Byrnes and Pederson, page 6, B., "Many of these encroachments are of historical nature depicting Lake Minnetonka's heritage." It was suggested this be added as a recommendation. Fackler referred to the listing of encroachments located on public lands and stated that he thinks they will find that a majority of the encroachments are not historical landmarks, but most encroachments are stairs, retaining walls, or other minor structures. It was determined to leave the statement alone for now and further address it at the next meeting. 4 Commons Task Force Minutes December 5, 1995 REVIEW OF PROPOSED RE(;QMMENDATIQN: bY Marilyn Byrnes and Rita Peders0n A copy of this document has been attached to the minutes as Exhibit A. Pederson requested that the Introduction be amended, as follows: Resolution #95-37 dated March 28, 1995 states: "=-c ?, fu~hcr rc,;c~vod "WHEREAS, they have suggested the task force be established to look at the Commons that are applied to the Docks Program to identify the frustrations and irritations that are being experienced by the users of the program." The City of Mound Mission Statement is part of the introduction, and it was questioned how this statement was created. The Parks Director indicated that this statement was developed by the previous City Council and it appears on the top of every City Council Agenda. Goldberg commented that he would like to see a statement in the introduction which states that the City is a trustee of the commons. Dedications of the different commons was discussed. It was questioned if it is true and correct that the City is a trustee for the commons, and the City is an owner of the Parks. Pederson noted that the parks are supported by the general fund, and the commons are supported by the dock fund. Fackler noted that this is not entirely true. Goldberg noted that he needed to be excused from the meeting. Tasks were assigned, as follows: INTRODUCTION (Mission Statement, Define Terms, and Task Force Process): Marilyn Byrnes and Rita Pederson II. SURVEY RESULTS AND CONCLUSIONS FOR ABUTTERS: Jim Funk III. SURVEY RESULTS AND CONCLUSIONS FOR NONABUTTERS AND CITIZENS AT LARGE: Frank Ahrens V. RECOMMENDATIONS: Mark Goldberg 5 Commons Task Force Minutes December 5, 1995 Goldberg suggested everybody write-up their portions, and bring them to the meeting next week. Ahrens emphasized that they keep it brief. The next meeting was scheduled for Tuesday, December 12, 1995 at 7:00 p.m. at City Hall. The meeting adjourned at 9:15 p.m. 6 Proposed Recommendation By: Marilyn Byrnes and Rita Pederson December 5, 1995 I. INTRODUCTION Resolution #95-37 dated March 28, 1995 states: "Be it further resolved that the direction of the task force is to review the level of frustration with the Dock Program and related Commons properties and develop recommendations on how the program can be improved." City of Mound Mission Statement: "The City of Mound, through teamwork and cooperation, provides, at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community." Proposed Recommendation December 6, 1995 II. DEFINE TERMS Commons 1. Not a Park. 2. Originated as a neighbor- hood association. Se Financially supported by dock fees. Maintained by dock holders and abutting property owners. Use is for Mound residents. Dedicated commons is only for property owners of specific subdivisions. City a TRUSTEE Parks Financially supported by tax dollars. Maintained by City tax dollars. Use is for public at large. City an OWNER 2 Proposed Recommendation December 6, 1.935 III. SURVEY The survey was not professionally written, it was created by the task force. Although the survey was not perfect, it reveals the frustrations and primary concerns of the people surveyed. COMMONS TASK FORCE SURVEY STATISTICS REV. 11-8-95 GROUP # SENT # RETURNED % RETURNED TOT~ BY PHONE & BY ~IL CITIZENS AT LARGE 550 81 14.72% NONABUTTERS 320 176 55% ABUTTERS 181 110 60.77% TOTAL 1051 367 34.91% 3 Proposed Recommendation December 6, 19.95 IV. CONCERNS OF ABUTTERS As Privacy. Out of 102 responses (110 less 8 n/a = 102), 68 found privacy to be their primary concern. Inexpensive Boat Dockage. Out of 106 responses (110 less 4 n/a = 106), 91 found inexpensive docking their primary concern. V. CONCERNS OF NONABUTTERS Inexpensive Boat Dockage. Out of 176 responses, 158 found inexpensive docking their primary concern. (90% of responses). B. Lake access; their dock, walking distance from their home. VI. CITIZENS AT LARGE Most Important Concern: A. Future access to inex_~ensive boat dockage. 4 Proposed Recommendation December 6. 1995 VII. RECOMMENDATIONS A. A_.~: Provide for more privacy by moving non-abutters docks to a multiple dock system at a near by park (Avalon, Highland, Carlson) or other city owned property. Non-abutters: e Keep their dockage to within walking distance to home. Stricter criteria to insure dock holders truly are Mound residents. 5 Proposed Recommendation December 6, 1995 VIII. CONCLUSIONS: Most of the topography of the commons is not conducive to public at large usage. Bm Currently, the city is in the midst of evaluating and eradicating encroachments on commons. Many of these encroachments are of historical nature depicting Lake Minnetonka's heritage. The survey reveals that out of 257 responses, 194 responses felt that encroachments had no affect on their use of the commons. City Code dated 5/12/60, Division 2, Chapter 26, PART F, BUILDING CODE: DOCKS, BOATHOUSES, BOAT RAMPS AND SLIPS, SECTION 26.9301, Subdivision 1, states, "Docks Defined. For purposes of this ordinance, the term "dock" means any wharf, pier, boathouse, boat ramp, boat slip or other structure constructed or maintained in, upon, or into the water of a lake from publicly owned shoreland." The above section has since been amended and is currently known as City Code Section 437: "Docks Defined. For purposes of this Section 437, the term "dock" means any wharf, pier, boat ramp, boat slip, mooring buoy, or other structure constructed or maintained in, upon, or into the water of a lake from publicly owned shoreland. Conclusion: Commons is managed by Mound as they are the trustee. 6 March 28, 1995 RESOL~ON 95-37 RESOLUTION ESTABLISHING A TASK FORCE ON ~ COMe, ONS DOCK PROGRAM W~TEREAS, the City of Mound operates a municipal dock program known as the Commons Dock Program; and WltIERF-~, them has l:~;-'"n concern expressed by City Councilmembers and other individuals that the existing program requires improvement; and WltEREAS, the City Councilmembers and individuals have stated that the existing program muses frustration for those that use and fund the program; and WltEREAS, they have suggested that a task force be established to look at the Commons that are applied to the Docks Program to identify the frustrations and irritations that are being experienced by the users of the program; and WFFKREAS, this task force would have the responsibility of making recommendations to the City Council for consideration on how the existing Dock Program could be improved. NOW, TFIEllEFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota that it hereby establishes a task force on the Commons Dock Program which will be made up of twelve citizens of the City of Mound: Five abutting dock holders who have docks other than their own in from of their homes; three abutting dock holders who have only their docks in front of their homes; three non-abutting dock holders; and one citizen at large; totaling twelve members: approximately six months with the recommendations being submitted to the City Council on or before December 31, 1995. BE IT FURTBER RESOLVI~, that an article be placed in the legal newspaper soliciting interest in serving on the task force with interviews to be conducted by the City Council and subsequent appointments made by the City Council. 97 March 28, 1995 BE IT FURTHER ~LVliiD, that City Siaff will attend the task force meetings to provide and facilitate information, answer.questions, take minutes of the meeting, etc. The foregoing resolution was moved by Mayor Pohton and seconded by Comlcilmember Hanus. The following Councilmembers voted in the affirmative: Hanus and Polston. The following Councilmembers voted in the negative: lensen. Councilmembers Ahrens and lessen were absent and excused. Mayor Attest: City Clerk 98 PA~T F BUILDING CODE (Ord. 332 - 3/6~97~) DOCKS, BOATHOUSES, BOAT RAMPS AND SLIPS SE~TION 26.93. Duties and Rssocnsib~l~ties of Dock Ins?ector. The City Nanager shall appoint a Dock Inspector md shall supe~ .ise his activities. The duties of the Dock Inspector shall include, ~ut not be limited to the following: 1. Naintatu a dock location map. 2. A~*-~star and process applications and issue dock licenses. 3- Maintain a current listing of license holders with adch~sses, priorities, dock locations, an~ all other information pertaining to a license holder' s qu~l t tications. 4- Communicate and consult with the Park Advisory Commission on matters of policy, maintaining the dock location map, recommen~t-g improvements to strengthen the recreational benefits provided ~y having public dock locations, and he sha]_l make recommen~ations to m~nimize any adverse effects which may occur from public docks.. 5. Communicate and consult with the councL1 and the City Manager on matters requiring master plan approval, license approval and.such matters as sha]_l arise from time to time not covered by this or any other ordinance. 6. Assist the public in the use of shoreline facilities available for docking in whatever w~y necessary to insure complete understanding of each citizen's privileges and responsibilities. 7. Inspect all uses on public shoreline to Lusure prooer licensing, construction, and location, and he sba!l notify licensee~ of all violations of ordinances or regulations and take proper corrective Subdivision 2. License required. No person shall erect, keep or maintain a dock on or abutting upon any public street, road, park or commons without first securing a license therefor from the City in accordance with the provisions of this or~Linance. Subdivision 3. License olate location. One license plate shall Be securely fixed to a licensed dock. The license shall be .Ch the shore!and end of the dock, shall be located on the right corner of the dock facing the lake and facing up. License plates shall be issued by the Dock Inspector after approval of the license application, shall be maintained by the licensee in its original color, and shall remain the property of the City of Mound. Subdivision 4. Transfers. Dock licenses are not transferable between licensees. Ali licenses shall be issued by the City to a new licensee in accordance with the provisions of this ordinance. ~-- Mound City Code Section 437:00 Section 437 - Dock Licenses Section 437:00. Licenses. Docks. or abutting upon any public street, road, park, or commons without first securing a license therefor from the City in accordance with the provisions of this Section 437. Subd. 3. License Plate Location. One license plate shall be securely fixed to a licensed dock. The license shall be on the shoreland end of the dock. License plates shall be issued by the Dock Inspector after approval of the license application, shall be maintained by the licensee in its original color, and shall remain the property of the City of Mound. Subd. 4. Transfers. Dock licenses are not transferable between licensees. All licenses shall be issued by the City to a new licensee in accordance with the provisions of this Section. Subd. 5. Removal of Docks. Upon expiration of a dock license, the licensee must completely remove the licensed dock and accessory items from public land. Any dock or portion thereof not removed by the licensee will be removed by the City or a designated contractor and all costs of removal will be the responsibility of the last licensee for that dock site. (ORD.//60-1992 - 12-7-92) (ORD. #66-1993 - 12-27-93) Section 437:05. Ap01ications for and l..ssuance of Dock Licenses. Subd. 1. Se_oat'ate License Required for Each Dock. Each dock constructed and abutting a public park, commons, or street shall require a license from the City and a license plate to be issued by the Dock Inspector, who shall be appointed by the City Manager. No person shall be issued more than one license in any one calendar year. Subd. 2. License Application R~uired. License applications shall be obtained at the City offices. Such applications shall state completely, the following information and such other information as is deemed necessary by the City Manager or the Dock Inspector: a. Full name of the applicant; 12/27/93 COMMONS TASK FORCE MINUTES OF A MEETING November 28, 1995 (Revised 12/6/95) Those present were: Frank Ahrens, Rodney Beystrom, Jim Funk, Chair Mark Goldberg, Bev Botko, Rita Pederson, Rodrigo Plaza, Michael Shearer, Gordy Tulberg, Marilyn Byrnes Parks Director Jim Fackler, and Secretary Peggy James. Absent were: Dennis Hopkins and Michael Shearer. The revised minutes of the November 14th meeting and the minutes of the November 21st meeting were received by each task force member. Goldberg briefly reviewed their time table. The City Council will meet on Tuesday December 12th, and possibly on December 19th, so they will need to provide conclusions and recommendations either by the 12th or 19th. He suggested that tonight they firm-up the conclusions, then finish the recommendations next Tuesday. Goldberg suggested they present their conclusions and findings using the overhead and asked if anyone has had experience doing presentations using overheads. Jim Funk stated that he has had some experience. The conclusions made for each group as identified in the previous minutes were reiterated by Goldberg, as follows: CONCLUSIONS: ISSUES/CONCERNS OF ABU'I-I'ERS 1. Dock spacing (too close). 2. Concerned about having commons docks in front of their houses. Most are not happy with the city's control and enforcement of the commons and dock ordinances. Most are not satisfied with the balance that the city has struck between the rights of the homeowners abutting commons and the rights of the dock site holders that do not live on the lake. Most are willing to take responsibility for maintaining private structures on the commons. 6. Over-riding issue is privacy. CONCLUSIONS: NONABUTTERR 1. Most important issues: a. Inexpensive boat dockage. b. Walking distance to docks. c. Dock fishing. 2. Least important issues: a. Shore fishing. b. Swimming. c. Parties. d. Picnics. e. Encroaching structures. Citizens at Larqe The task force, after much discussion, arrived at conclusions for the Citizens at Large. Their discussion included topics such as if citizens at large feel comfortable walking along the commons in front of other people's houses. It was suggested that unless people have a dock, they would not walk along the commons, and that the main use of the commons is the docks. Beystrom noted, however, that most of the nonabutters replied on the survey that they do not feel uncomfortable having their dock in front of someone elses house. Ahrens noted that it was not the intent of the task force for its primary focus to be the citizens at large, their intent was to concentrate on the people that utilize the commons which is those who have a dock. Beystrom noted that the citizens at large are not directly involved with the problems of the dock users. The percentage of responses received back from citizens at large was discussed. It was noted that relative to the percentage of surveys received back from the abutters and nonabutters the response rate was Iow, as follows: Abutters 60.77% Nonabutters 55 % Citizens at Large 14.72% (55 non-lakeshore, and 26 lakeshore) Commons Task Force Minutes November ,28, 1995 CONCLUSIONS: CITIZENS AT LARGE 1. Most important issue is access to inexpensive boat dockage. Much of the geography/topography of the commons is not conducive to public usage. There is adequate park facilities in Mound and lakeshore access to provide for the various activities of the citizens at large. ROUGH-DRAFT OF GENERAL OBJECTIVES/RECOMMENDATIONS: Over-riding issues are abutter's privacy and nonabutter's preference to maintain dock access within walking distance of their homes. Main objective is to reduce nonabutting docks in front of abutting properties and keeping nonabutters docks within walking distance from their homes. Encourage shared dock usage, and where possible include small multiple dock complexes (accommodating about 6 boats) at approximate locations in order to help eliminate dock sites in problem areas. 4. Restrict use of dock program to Mound residents. The nonabutter's survey results indicated they do not have a problem with encroachments on the commons. The Flow Chart should be amended, and then the ordinance amended according to the Flow Chart, to increase the number of years for which a permit is valid from three years to forever. Encroachments should be regulated by the Shoreland Management Ordinance, the same as structures on private property. The ownership/responsibility of these encroachments may need to be clarified by the City Attorney. Identify those commons areas which have more problems/dissatisfaction (i.e. dock spacing and privacy issues), and individually evaluate the problems and develop solutions to those problems. 7. Maintain number of boats. Large boats/canopies should be addressed. Certain commons areas may need to be restricted to size of craft. Areas should be designated for large boats/canopies where privacy is not a concern. The task force discussed the possibility of the Council extending the task force into next year. 3 Commons Task Force Minutes November 28, 1995 Goldberg noted they have now put absolutely everything on the table, and emphasized that the information is not refined yet. The next meeting was scheduled for Tuesday, December 5, 1995, 7:00 p.m., at City Hall. The meeting adjourned at 9:06 p.m. 4 PUBLXC HEARXNG8 7:00 A. L~KE MXNNETONI~ CONSERVATXON DXSTRXCT BO]~RD OF DXRECTORS AGENDA 7:00 pm, Wednesday, December 13, 1995 Tonka Bay City Hall City of Excelsior, Excelsior Bay, Excelsior, New Multiple Dock License Application for 80 slips, to install a 67' addition to the existing 69' long pier for transient storage of the Minnehaha and an additional charter boat, in exchange of two slips, with dimensions of 4'X 54' and 4'X 55.5' being taken out of service. ' City of Excelsior, Excelsior Bay, Excelsior, Variance Application to extend dock width from six feet to 56'4" and to extend dock length from 100 feet to 136 feet to better accommodate for the Minnehaha. 7:X5 A. Excelsior Park Pavilion, Excelsior Bay, Excelsior, New Multiple Dock License Application for 42 slips, to install a 60' addition to the previously approved 100' pier to store two charter boats, pier would be 8 feet wide with a 24 foot wide platform at the end. Be Excelsior Park Pavilion, Excelsior Bay, Excelsior, Variance Application to extend dock width from six feet to eight and 24 feet and to extend dock length from 100 feet to 160 feet for handicapped access and better maneuverability for charter boats. CALL TO ORDER ROLL CALL CHAIR ANNOUNCEHENTS, Chair Babcock READING OF MINUTES- 11/8/95 Regular Board Meeting 11/8/95 Planning/Workshop Meeting PUBLIC COMMENTS- Persons in attendance, subjects not on agenda (5 min) CONSENT AGENDA- Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests a'discussion of any item, in which case the item will be removed from the consent agenda. WATER STRUCTURES ~ack and Judy HcElhaney Variance Application Refund Request, Staff recommending a refund of $394.80. Discussion on City of Excelsior Public Hearing, Formal Board action to be taken at the 1/10/96 meeting; Discussion on the Excelsior Park Pavilion Public Hearing, Formal Board action to be taken at the 1/10/96 meeting; D. Additional Business; LAKE USE ~ND RECREATION &. Hennepin County Sheriff's Water Patrol Joint and Cooperative Agreement with Hennepin County, Report on 12/11/95 meeting; *C. Ordinance ~men~ment, 2nd reading of an ordinance relating to Personal Flotation Devices; Amending LMCD Code Sections 3.04, Subd. 2 and 3.041, Subd. 2; Hennepin County Sheriff's Significant Activity Report; D. Additional Business; EWM/Exotics Taskf0rce Minutes of 12/8/95 (handout); B. 12/8/95 Meeting Report C. Additional Business; 4. ~DMINISTRATIFE GreqormNmbeck, Performance/ Compensation Review, recommended salary adjustment from $26,000 to $28,000, retroactive to 11/1/95; ~ppointments for 1996: * Auditor Selection * Legal Counsel * Prosecuting Attorney * official Newspaper * Bank depository resolution for fiscal year 1996 C. Additional Business; $. FIN~NCI~ October financial summary and balance sheet; B. Audit of vouchers for payment (handout); C. Additional Business; 6. EXECUTIVE DIRECTOR REPORT, Willcutt 7. NEW BUSINESS 8. ADJOURNMENT RECEIVED DEC 1 1 19§5 DRAFT Y.~.KE M1'NNETONK~ CONHERV'ATTON DTSTRTCT REGULAR BOARD OF DIRECTORS MEET'rNG 7:00 P.M., Wednesday, November 8, 1995 Tonka Bay City Hall C/~ff.,L TO ORDER Chair Babcock called the meeting to order at 7:00 p.m. ROLL CALL Members present: Bert Foster, Deephaven; James Grathwol, Excelsior; Joe Zwak, Greenwood; Kent Dahlen, Minnetonka Beach; Gene Partyka, Minnetrista; Tom Reese, Mound; Robert Rascop, Shorewood; Douglas Babcock, Tonka Bay; Craig Nelson, Spring Park; Craig Mollet, Victoria; Herb Suerth, Woodland. Also present: Charles LeFevere~ LMCD Counsel; G. Alan Willcutt, Executive Director; Gregory Nybeck, Administrative Technician. Members absent: Duane Markus, Wayzata; Orono and Minnetonka have no appointed members. CHAIR /%NNOUNCEMENT8 Babcock had two announcements. First, he noted the EWM Taskforce meeting scheduled for 11/10 had been canceled. Second, he noted official paperwork from Spring Park had been received in the office and that Craig Nelson needed to be given oath of office once he arrived. RE~DING OF MINUTES MOTION: Grathwol moved, Zwak seconded to approve the minutes of the 10/25/95 Regular Board meeting as submitted. Babcock noted the minutes need to reflect no special density license application was required in the motion on page 3. Nybeck noted the minutes need to reflect Rascop abstained his vote in the election of a new treasurer on page 7. VOTE: Motion carried unanimously, as amended. MOTION: Reese moved, Dahlen seconded to approve the minutes" of the 10/25/95 Planning/ Workshop meeting as submitted. Babcock noted the minutes need to reflect the meeting date was 10/25/95 and that adjournment time was 7:40 p.m. VOTE: Motion carried unanimously, as amended. LMCD Board of Directors, 11/8/95, Page There were no comments from persons in attendance on subjects not on the agenda. ~REPORT8 1. WATER STRUCTURES &. Ordinance 138, ~eport from subcommittee to present alternatives on the interim ordinance for the purpose of protecting Lake Minnetonka, the planning process, and the health, safety, and welfare of the public, and restricting the licensing, construction and maintenance of new commercial and multiple docks. Babcock noted that quarter section maps had been sent out in the Board packets. He recommended the Board discuss these maps and prescribe a course of action in reference to this moratorium ordinance. Zwak reported the purpose of this project was to look for parcels of land that were unplatted with potential development. He reported 11 properties and the Mound Lost Lake Development had been identified in his research. He noted Board members may be able to clarify the status of these properties on whether they are still undeveloped or whether they have been developed. Grathwol asked Zwak for description of the 11 quarter section maps enclosed in the Board packet. Zwak and Board members discussed each quarter section map identifying the parcel of land undeveloped. After this discussion, the Board concluded there are two parcels of land undeveloped that are of concern to the LMCD. They were the Sweat property on Grays Bay and the Mound Lost Lake Development. Grathwol asked Zwak for his opinion on continuing the moratorium? Zwak stated he felt the Board should allow the moratorium to end on 12/31/95. He added this exercise indicated there are not as many potential developments as the Board thought when the moratorium ordinance was approved. He recommended the Board needs to reconsider how shorelines are measured. He proposed using straight lines rather than meandering lines. LMCD Board of Directors, 11/8/95, Page 3 Grathwol stated he recalled the moratorium ordinance arose from not particular parcels of property but from the use of outlots. He thought this merits further research. Foster arrived at this time. Zwak stated it ~s an expensive proposition for property owners not on the lake to purchase an outlot for dockage rights. Babcock noted the need to define how to count wetlands needs to be addressed. He added this may be a reason to extend the moratorium a couple of months. Reese stated boat density, specifically personal watercrafts, needs to be addressed by the Board. Babcock stated the Board needed to make a decision on whether to allow the moratorium to expire or to continue the moratorium with specific agenda items. Zwak restated if the Board continues the moratorium, that measurement of shorelines should be the key issue. Foster concurred with Grathwol in that the moratorium was established to address the outlot situation on the lake. He stated there should be further research into a mechanism to further prohibit development/docks on outlots. Babcock stated a separate moratorium could be established in the future to consider zoning of wetlands and dock right related to them. Reese expressed concern on commercially zoned areas that could create additional density to the lake from converting from 1:50 to 1:10 density through special density. MOTION= Reese moved, Foster seconded to provide resolution to allow the moratorium to lapse and consider new multiple dock license applications in January. Nybeck asked whether the public hearings could be held at the 12/13 Board meeting for the variance application from the City of Excelsior and the Excelsior Park Pavilion? LMCD Board of Directors, 11/8/95, Page 4 Babcock stated he felt the public hearings could conducted at the 12/13 Board meeting for the variance applications with action on the variance and new multiple dock license applications in January once the new multiple dock license moratorium has expired. VOTE: Motion carried unanimously. 1995 Deicing Licenses, Update on licenses issued and pending. Babcock noted staff drafted a memo on the status of deicing licenses for the upcoming Winter for informational purposes for Board members. There were no questions or comments form the Board. C. Additional Business There was no additional business. LAKE USE AND RECREATION &. Hennepin County Sheriff's Water Patrol Joint and Cooperative Agreement with Hennepin County, Report on 11/2/95 meeting. Foster provided an overview of the meeting. He noted the letter outlining the supplementary points discussed at this meeting in addition to the legal agreement. One point he discussed with the Board was the special event permitting and the involvement of the LMCD with fishing tournaments and zebra mussel. He stated the Water Patrol would cooperate with the LMCD by faxing all special event permit applications to the office for comment prior to approval. Reese emphasized the LMCD would like to know what event is occurring before it happens. This would allow the LMCD to work with the event sponsors in coordinating zebra mussel prevention efforts. Babcock stated it was his understanding that the Water Patrol would allow for comment on applications from the LMCD. He added the Board needed to decide if they wanted to give approval or disapproval of every special event before the Sheriff issues the permit. Rascop stated the Board may need to get more Board of Directors, 11/8/95, Page 5 involved because zebra mussel is an environmental threat to Lake Minnetonka. Babcock stated the Board needed to address whether the Board wanted to formally issue special permit licenses. He felt that staff should be able to comment on these applications with assistance from Board members. Suerth recommended the Water Patrol special event permit application needs to comply with exotics prevention efforts. He felt a plan to comply with this should be outlined on the application. Babcock stated the Water Patrol does not want to be the lead agency in the planning of a prevention program and enforcement of zebra mussel. He added they may be willing to listen to suggestions on potential application changes. He noted the LMCD would need to be the lead agency in such a program. MOTION: Grathwol moved, Foster seconded to direct staff to present a plan at the 12/13/95 Board meeting on how to expedite facts from the Water Patrol to the Board on special events that may pose an environmental concern. VOTE: Motion carried unanimously.- MOTION: Babcock moved, Foster seconded to conditionally approve the joint and cooperative agreement as outlined in Contract Number A04501 and the supplementary points outlined in the 11/3/95 meeting as amended, subject to no changes by Hennepin County and their agreement of LMCD changes. Babcock noted in paragraph two of the 11/3/95 staff memo, the Sheriff noted a tentative agreement was not reached at the meeting. To address this concern, Babcock recommended changing the first sentence in this paragraph to read "No changes were proposed". Additionally, he stated point 4 in the memo needs to clarify that the LMCD will have the opportunity for comments prior to Hennepin County Sheriffs Water Patrol approval of the special event permit application. On point 6, it needs to state "at other scheduled meetings". A final concern of the Sheriff was on point 8. He noted that continued strict enforcement of "all watercraft" should be LMCD Board of Directors, 11/8/95, Page emphasized. He stated the Board would need to readdress the contract and/or supplementary points if they are changed by Hennepin County. VOTE: Motion carried unanimously. Or4inance Amen~ent, 1st reading of an ordinance relating to Personal Flotation Devices; Amending LMCD Code Sections 3.04, Subd. 2 and 3.041, Subd. 2. Babcock noted these code changes would bring LMCD Code into compliance with MN DNR Regulations which are in compliance with U.S. Coast Guard requirements. Babcock questioned the clarity of paragraph c, Section 1 on page one as to whether those being towed would be required to wear a PFD. LeFevere stated the proposed code change is consistent with the DNR's. He added Section 3.10, subd. 3 outlines that a buoyant device, not necessarily a PFD, needs to worn by a skier. Foster noted state law does not require that skiers wear any buoyant devices. LeFevere noted the code changes by the DNR regulations require a throwable device for boats 16' or longer. He added since this regulation is more comprehensive than the LMCD's, he stated it made sense to incorporate the DNR's regulation into LMCD Code. With reference to skiers, the Code would not change. MOTION: Rascop moved, Foster seconded to approve the 1st reading of the ordinance. VOTE: Motion carried unanimously. Additional Business There was no additional business. ~DMINISTRATIVE A1 Nillcutt, Review of Health Insurance, per Personnel Policy, and request to approve additional Health Insurance reimbursement for dependents. MOTION: Foster moved, Reese seconded to approve on a contractual basis, for the interim, reimbursement of $221.38 per month for Willcutt,s health insurance. LMCD Board of Directors, 11/8/95, Page 7 Babcock noted the current Personnel Policy allows for 100 percent reimbursement for employees and 25 percent for dependents. He noted that Willcutt is requesting reimbursement for 100 percent reimbursement for his dependents in addition to himself. The total dollars involved per month is $221.38. Babco=k asked LeFevere on how to approve this procedurally? LeFevere stated the increase could be approved through either a Personnel Policy change or on a contractual basis. Babcock recommended approving the request on a interim basis, reviewing Health Insurance in the Personnel Policy, and explore the option of group insurance for the LMCD staff. VOTE= Motion carried unanimously. Staff memor&n~um outlining November holiday schedule. Babcock noted this was an informational item on the agenda. The Board directed Willcutt to arrange for voice mail or to purchase a answering machine for when the office is closed. C. Additional Business. There was no additional business. PIN~%NCI]%L October financial summary and balance sheet. This agenda item was tabled until the 12/13/95 Board meeting. B. Audit of vouchers for payment. MOTION: Reese moved, Zwak seconded to approve the vouchers for payment. VOTE: Motion carried unanimously. C. Additional Business There was no additional business. LMCD Board of Directors, 11/8/95, Page 8 EXECUTIVE DIRECTOR REPORT oosecon__.nmr Willcutt noted he attended a 10/31/95 meeting at the City of Shorewood. He reported there is a concern around the lake with goose waste on the~ lake and in the water. He noted participants at this meeting discussed options in controlling the goose population around the lake and asked him to have this issue discussed by the Board. Board members discussed in detail the goose control problems on Lake Minnetonka and the role the LMCD would like to play in this project. The Board concluded to play a participatory role, not a lead role in this project. The Board directed Willcutt to analyze the commitment of the cities in this issue. EWMLetter Willcutt reviewed a letter prepared by Chip Welling rebutting criticisms of the milfoil harvesting program on Lake Minnetonka in a recent "On the Lake" article. 6. NEN BUSINESS LeFevere administered the Oath of Office to Craig Nelson. Nelson was seated on the Board as the Spring Park representative. ? · ADJOURNMENT There being no further business, Chair Babcock adjourned the meeting at 8:55 p.m. Douglas Babcock, Chair Joseph Zwak, Secretary RECE VEO 1 11995 MINUTES LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS WORKSHOP/PLANNING SESSION 7:00 P.M., WEDNESDAY, NOVEMBER 8, 1995 TONKA BAY CITY HALL CALL TO ORDER Chair Babcock called the meeting to order at 8:55 p.m. BOARD MEMBERS PRESENT Doug Babcock, Tonka Bay; Joe Zwak, Greenwood; Herb Suerth, Woodland; Kent Dahlan, Minnetonka Beach; Bert Foster, Deephaven; James Grathwol, Excelsior; Gene Partyka, Minnetrista; Tom Reese, Mound; Craig Nelson, Spring Park; Also present: Alan Willcutt, Executive Director; Gregory Nybeck Administrative Technician; Charles LaFevere, LMCD Council. ITEMS DISCUSSED The Board of Directors discussed a variety of specific goals, objectives, and tasks similar to the 10-25-95 meeting in an effort to assist staff with direction for project implementation in 1996. Various ranking changes were made by the Board and instructions given to the staff to present a revised copy at the 12-13-95 Board meeting. ADJOURNMENT There being no further business, Chairman Babcock adjourned the Workshop/Planning Session at 9:35 p.m. Doug Babcock, Chair Joseph Zwak, Secretary iVORY TAMBORNINO COMMISSIONER BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GO~RNMENT CENTER MINNEAPOLIS, MINNESOTA ~4~Z- 0240 PHONE FAX December 7, 1995 RECEIVED 1 1 199§ Edward Shukle, City Manager City of Mound 5341 Maywood Road Mound, MN 55364-1687 Dear Mr. Shukle, Thank you for your letter regarding Senior Community Services. On November 27, 1995 at the Ways and Means budget hearing, I authored an amendment to reinstate $66,831 to the Senior Community Services budget. This amendment was co authored by Commissioner Penny Steele and supported by all of the other Commissioners. The result is that Senior Community Services will receive $177,579 from Hennepin County in 1996. I appreciate your support for a program which serves so many people in our community. I am impressed with the dollars Senior Community Services saves in volunteerism, donated space and free psychiatric consultation. These items total up to $73,667 in in-kind services each year. During a time of increasing fiscal constraints, it is good to see an organization exploring all avenues for funding. Again, thank you for your letter of support for Senior Community Services. You can be assured that I will continue to support services to the elderly in the suburban community in the future. Very truly yours, MARY TAMBORNINO Hennepin County Commissioner, District 6 MT:smh