1993-12-14CITY 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.
AGENDA
CITY OF MOUND
MOUND, MINNESOTA
MOUND CITY COUNCIL - REGULAR MEETING
7:30 P.M., TUESDAY, DECEMBER 14, 1993
CITY COUNCIL CHAMBERS
1. PLEDGE OF ALLEGIANCE.
APPROVE THE MINUTES OF THE NOVEMBER 23, 1993, REGULAR
MEETING. PG. 4048-4053
PUBLIC HEARING: ~ CONSIDERATION OF THE ISSUANCE
OF A CONDITIONAL USE PERMIT TO ALLOW A "COMMERCIAL PARKING
LOT (NOT AFFILIATED WITH THE PRINCIPAL USE)" IN THE B-2
ZONING DISTRICT AT 4451 WILSHIRE BLVD. (OLD DONNIE'S) PG. 4054-4081B
~ STEVE SUNNARBORG, 4924 EDGEWATER DRIVE,
LOT 15, SKARP & LINDQUIST'S RAVENSWOOD, PID #13-117-
24 41 0013. VARIANCE FOR ADDITION. PG. 4082-4096
~ STEVE HOMOLA, 2420 WESTEDGE BLVD., SECTION
23, PID # VARIANCE FOR GARAGE ADDITION. PG. 4097-4110
6. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
APPROVAL OF AN ORDINANCE AMENDING SECTIONS 437:00, SUBD. 5;
437:10, SUBD. 1, c.; 437:10, SUBD. 11; AND 437:15;
RELATING TO DOCK LICENSES. PG. 4111-4112
REQUEST FOR CONSTRUCTION ON PUBLIC LANDS PERMIT, LYN
HEXUM, 1543 BLUEBIRD LANE, FOR STAIRWAY ON WAURIKA
COMMONS, DOCK SITE g01560. PG. 4113-4128
RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR
VFW POST #5113, 2544 COMMERCE BLVD. FOR LAWFUL
GAMBLING. PG. 4129-4131
10.
RESOLUTION DESIGNATING THE CITY OF MOUND AS THE LOCAL
GOVERNMENT UNIT (LGU) REGULATING THE WETLAND CONSERVATION
ACT OF 1991. PG. 4132
4046
11.
12.
13.
14.
15.
16.
APPLICATION FOR LIVE MUSIC CONCERT PERMIT AT MOUND BAY
PARK DEPOT FOR 1994 FOR THOMAS P. JOHNSTON ON BEHALF
OF MOUND ASSEMBLY OF GOD CHURCH (REQUEST INCLUDES
WAIVING OF FEE). PG. 4133-4135
SET PUBLIC HEARING: TO CONSIDER THE VACATION OF A
DRAINAGE EASEMENT LOCATED AT 2563 LOST LAKE ROAD,
LOT 18, BLOCK 1, LOST LAKE ADDITION.
(SUGGESTED DATE: JANUARY 11, 1994)
PG. 4136
SET BID OPENING DATE FOR WATER METER READER EQUIPMENT.
(SUGGESTED DATE: JANUARY 5, 1994, 11:00 A.M.) PG. 4137
RESOLUTION APPROVING THE 1994 FINAL GENERAL FUND BUDGET IN THE
AMOUNT OF $2,366,950; SETTING THE FINAL LEVY AT $1,783,620;
LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $494,800,
RESULTING IN A FINAL CERTIFIED LEVY OF $1,288,820 AND
APPROVING THE FINAL OVERALL BUDGET FOR 1994. PG. 4138-4140
PAYMENT OF BILLS.
PG. 4141-4159
INFORMATION/MISCELLANEOUS
A. Department Head Monthly Reports for November 1993.
PG. 4160-4186
LMCD Representative's Monthly Report for November
1993.
PG. 4187
C. LMCD Mailings.
PG. 4188-4224
D. Planning Commission Minutes of November 22, 1993.
PG. 4225-4236
Letter from Representative, Tim Penny, RE:
unfunded Mandates.
PG. 4237
Notice from Hennepin County on a Public Hearing on
an amended Hennepin County Solid Waste Source
Separation Ordinance (Ordinance//13). Public Hearing
is scheduled for December 14th at 11 A.M.
PG. 4138-4247
REMINDER: Annual Christmas Party, Friday, December 17,
1993, American Legion, Mound. Please RSVP to Linda
IMMEDIATELY!
4047
gJ
REMINDER. City Offices will be closed the afternoon of
December 23 and all day December 24 for the Christmas
holiday. Offices will also be closed the afternoon
of December 31 and all day December 30 for the
New Year's holiday.
REMINDER. No Committee of the Whole Meeting on
December 21 and no Regular Meeting on December 28, 1993.
Notice RE: National League of Cities (NLC) Annual
Congressional City Conference scheduled for
March 12-15, 1994, Washington, D.C. If you are
interested in attending, please let Fran know.
Park & Open Space Commission Minutes of
December 2, 1993.
PG. 4248-4251
4048
Mound City Council Minutes November 23, 1993
MINUTES - MOUND CITY COUNCIL - NOVEMBER 23, 1993
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
November 23, 1993, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis
Jessen and Ken Smith. Also present were: City Manager Edward J. Shulde, Jr., City Clerk
Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, Park Director Jim
Fackler and the following interested citizens: Mr. & Mrs. Henry Sandoval, Bruce Larson, Julie
Eckstrom, Wesley Oak, Buchi Njaka, Ifeoma Njaka and Ben Gaudette.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES_
MOTION made by Smith, seconded by Jensen to approve the Minutes of the
November 9, 1993, Regular Meeting, and the November 16, 1993, Committee of the
Whole Meeting, as submitted. The vote was unanimously in favor. Motion carried.
1.1 ~ASE//93-053: STEVE SUNNARBQRG. 4924 EDGEWATER DRIVE, LOT 15,
~;KARP & LINDOUIST'S RAVENSWOOD, PID #13-117-24 41 0013, VARIANCE
FOR ADDITION.
The Building Official explained that the applicant has withdrawn this request because they are
revising their request and bringing it back to the Planning Commission in the near future.
1.2 (~ASE g93-056; WESLEY & DAWN OAK, 2174 NOBLE LANE, LOTS 10, 11, 16,
1~7, & 18, BLOCK 3, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK,
PID #13-117-24 31 0017. VARIANCE FOR ADDITION_
The Building Official explained the request. The Planning Commission recommended approval.
Ahrens moved and Jessen seconded
RESOLUTION ~93-153
the following resolution:
RESOLUTION TO
RECOGNIZE AN
SIDE YARD
APPROVE A VARIANCE TO
EXISTING NONCONFORMING
SETBACK TO ALLOW
CONSTRUCTION OF AN ADDITION AT 2175
NOBLE LANE, IN LOTS 10, 11, 16, 17 & 18, BLOCK
3, ABRAHAM LINCOLN ADDITION TO LAKESIDE
PARK, PID #13-117-24 31 0017, P & Z CASE g93-056
Mound City Council Minutes
November 23, 1993
Buchi Njaka & Ifeoma Njaka questioned whether surveys would be altered with the
approval of this variance. The Council stated no.
The vote was unanimously in favor. Motion carried.
1.3
REVIEW OF 1994 DOCK FORMS AND DOCK LOCATION MAP;
_* ORDINANCE CHANGES TO CITY CODE SECTION 437 -
LICENSES
_* DOCK APPLICATION FORMS & INFORMATION SHEETS
*_ DOCK LOCATION MAP
DOCK
The Park Director reviewed the proposed ordinance amendments. The City Attorney stated that
these changes need to be put in ordinance form and be brought back to the Council for their final
approval.
MOTION made by Smith, seconded by Jensen to direct staff to prepare the
ordinance amendments to Section 437 in ordinance form. The vote was unanimously
in favor. Motion carried.
1.4
The Park Director stated there are no specific changes to the dock forms, except those
prompted by the ordinance changes and date changes. The following are the proposed
changes on the Dock Location Map:
Change description of "Shoreline Classifications" to read "Shoreline Types', and
change "Class" to "Type".
b. Change "Waterside Lane" to "Waterside Common".
MOTION made by Smith, seconded by Jessen to approve the Dock Forms and the
Dock Location Map as recommended by the Park & Open Space Commission. The
vote was unanimously in favor. Motion carried.
1.5 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
Mike Mueller, 5910 Ridgewood Road, representing the owners of vacant property whose address
is 6385 Bartlett Blvd., was present objecting to the suspension of their minor subdivision request
that the Planning Commission and Staff recommended approval of and should have been
presented at this Council Meeting. The action was suspended because it was felt that a major
subdivision request should be submitted with the applicants determining how much storm sewer
water runoff there is on this property and how they are going to handle it. Mr. Mueller stated
that there is no easement for the drainage culvert that is on this property. He is asking that the
City provide the drainage information. After discussion the Council asked Staff to research the
background on this property and determine how much water drains on this lot and how it could
be diverted. No further action was taken.
Mound city Council Minutes November 23, 1993
1.6 RECOMMENDATION FROM PARKS & OPEN SPACE COMMISSION RE:
_"CELEBRATE SUMMER"
The City Manager explained that the Park & Open Space Commission is recommending that
Marilyn Byrnes and Carolyn Schmidt be designated as the City of Mound liaisons to the
Celebrate Summer task force. They would continue to be in charge of the special programs that
are presented to the public in the parks. The Council complimented them on their past
programs.
MOTION made by Smith seconded by Jessen to concur with the Park & Open Space
Commission recommendation that Marilyn Byrnes and Carolyn Sehmidt be
designated as the City of Mound liaisons to the Celebrate Summer task force. The
vote was unanimously in favor. Motion carried.
1.7 RESOLUTION SUPPORTING AN APPLICATION TO THE MINNESOTA
HOUSING FINANCE AGENCY (MHFA) ON BEHALF OF COMMUNITY
BUILDERS - LEASE TO PURCHASE PROGRAM
The City Manager explained that Community Builders is a 501 (c) (3) housing corporation
established to increase the supply of long term affordable housing for low and moderate income
families in this area. They are affiliated with West Hennepin Human Services Planning Board.
They are asking the City to support their application for funds from the Minnesota Housing
Finance Agency to implement a Lease to Purchase program for low and moderate income
families in the City of Mound.
Smith moved and Jensen seconded the following resolution:
RESOLUTION g93-154
RESOLUTION SUPPORTING AN APPLICATION TO
THE MINNESOTA HOUSING FINANCE AGENCY
(MHFA) ON BEHALF OF COMMUNITY BUILDERS -
LEASE TO PURCHASE PROGRAM
The vote was unanimously in favor. Motion carried.
1.8
pAYMENT OF BILLS
MOTION made by Smith, seconded by Jensen to authorize the payment of bills as
presented on the pre-list in the amount of $362,716.81, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
INFQ~TION~SCELLA~U$
A. Financial Report for October 1993 as prepared by Gino Businaro, Finance Director.
Mound City Council Minutes
B.
Ce
Ke
Le
Oe
November 23, 1993
LMCD Mailings.
Letter from Mike J. Degen, Director of Operations, Toro Company RE: progress of
Toro and complimenting the City government and community for the support provided
to Toro over the years.
List of Member-At-Large Appointments to various agencies, commissions, and boards
of Hennepin County.
Park & Open Space Minutes of November 4, 1993.
Planning Commission Minutes of November 8, 1993.
Letter of commendation written to Officer Todd Truax from Police Chief Len
Harrell.
Letter from Senator Dave Durenberger regarding our letter on unfunded federal
mandates.
Notice from Minnesgaso RE: proposed rate increase.
REMINDER; Annual Christmas Party, Friday, December 17, 1993, American Legion,
Mound. Please RSVP to Linda by Friday, December 10, 1993.
REMINDER; City offices will be closed Thursday and Friday, November 25th and 26
in observance of Thanksgiving.
REMINDER: Budget Hearing, Thursday, December 9, 1993, 7:30 P.M., City Hall.
REMINDER; No Council meeting on December 28, 1993, and no Committee of the
Whole Meeting on December 21, 1993.
Information from the Legislative Policy Conference on the Open Meeting Law and
Growth Management Issues. This material was presented by Joel Jamnik, LMC
Legislative Counsel and Mark Anfinson, Counsel to Minnesota Newspaper Association
and Senator John Hottinger, Mankato area respectively at the conference.
Also distributed at the conference was information from the League of Women Voters -
Minnesota term limits.
Economic Development Commission Minutes - November 18, 1993.
Letter from Representative Jim Ramstad regarding our letter on unfunded federal
mandates.
m m,,, m~ ,,&
Mound City Council Minutes November 23, 1993
MOTION made by Jensen, seconded by Ahrens to adjourn at 9:00 P.M. The vote
was unanimously in favor. Motion carried.
Edward 3. Shukle, Jr., City Manager
Attest: City Clerk
PROPOSED RESOLUTION #93-
RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR A
"COMMERCIAL PARKING LOT (NOT AFFILIATED WITH THE PRINCIPAL USE)"
~T 4451 NILSHIRE BLVD. (OLD DONNIE'S)
LOTS 3 TO 18 INCLUDING VACATED ROAD, BLOCK S~ AVALON,
PID #19-117-23 31 0021
P&Z CASE #93-057
WHEREAS, the owner, Ralph C. Turnquist, has applied for a
Conditional Use Permit for a "Commercial Parking Lot (not
affiliated with the principal use)" as required by the Mound Zoning
Ordinance for properties located in the B-~eneral Business
District, and _ y~ ~
WHEREAS, there is a Par~in~ Stall ~ase Agreement between
"Lakewind Sport and~and "Tu~-~R~~operties'' which
states, in part, t e~leas~hal~ run ~th to mont]T~th a 30 day
notice to terminat~.~~~Jpark~ng s~a~l~ per month
shall be leased. Mo~les, Dca"cs and boat_9_~ailers, are
referenced as "vehicles" that will De parked on the lot. It
appears the entire parking lot is intended to be used for available
parking. Vehicle maintenance and tailgating are prohibited and the
lease further states if the police receive reports of disturbances
or any behavior constituting a public nuisance the lessor may
terminate immediately without prior notice, and
WHEREAS, this is an after-the-fact application; on October 1,
1993 fifteen spaces were leased, and
WHEREAS, it is stated in the application that this is
proposed to be an interim short-term solution to a long-standing
parking problem at Lakewinds. The parking lot location is at the
rear of the old Donnie's Restaurant, and
WHEREAS, there is concern about this parking lot becoming an
open boat storage area
WHEREAS, there appears to be a legitimate need for additional
car parking for Lakewinds. This approach is convenient and assists
in their immediate need while they seek a long term solution to
their parking problems, and
WHEREAS, Lakewinds needs more parking spaces, they have 191
condominium units with only 266 parking spaces, and they have
received complaints from the fire department as they are concerned
about the parking arrangements at Lakewinds. They have spent a lot
of time and effort investigating parking alternatives, including,
parking space elevators, parking ramps, and purchasing adjacent
property. This proposal is a temporary solution, and
Proposed Resolution :r Page 2
December 14, 1993
Case ~93-057 /
WHEREAS, the Planning Commisslo~h(as/~rev~ewe~request and
recommended approval with conditions.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Mound, Minnesota, as follows:
The City does hereby grant a Conditional Use Permit for a
"Commercial Parking Lot (not affiliated with the
use)" at 4451 Wilshire Blvd., upon the following:
Parking be limited to automobiles, passenger
vehicles and trucks not more than a one ton
capacity. Specifically, no boat, boat
trailer, or motorcycle parking is allowed.
B. All vehicles must be currently licensed and in
operable condition '
non-related activities shall be
C.
All
other
prohibited. Specifically, the premises shall
not be used for the repair or maintenance of
such vehicles. No activity commonly referred
to tailgating shall be permitted, nor shall
there be any unnecessary noise after the hour
of 9:00 p.m.
D. If it is determined that a public nuisance
exists, the City may terminate this
Conditional Use Permit upon written notice.
E. City Council may at any time during the term
of the Conditional Use Permit determine that a
landscape plan must be submitted and installed
to create a buffer between this and the
adjacent residential zones.
F. Annual review of the Conditional Use Permit be
required by the City Council at a Public
Hearing.
2. /~his Conditional Use Permit is granted for the following legally described property:
~ Lots 3 to 18 inclusive, also including
~ adjacent 1/2 of vacated road except well site
~ and road, Block 8, Avalon. PIP $19-117-23 31
Proposed Resolution
December 14, 1993
Case 293-057
Page 3
This Conditional Use Permit shall be recorded with the County
Recorder or the Registrar of Titles in Hennepin County
pursuant to Minnesota State Statute, Section 462.36,
Subdivision (1). This shall be considered a restriction on
how this property may be used.
The property owner shall have the responsibility of filing
this resolution with Hennepin County and paying all costs for
such recording.
Mound City Council Minutes November 23, 1993
MOTION made by Jensen, seconded by Ahrens to adjourn at 9:00 P.M. The vote
was unanimously in favor. Motion carried.
Edward J. Shukle, .Ir., City Manager
Attest: City Clerk
PROPOSED RESOLUTION
RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR A
"COMMERCIAL PARKING LOT (NOT AFFILIATED WITH THE PRINCIPAL
AT 4451 NILSHIRE BLVD. (OLD DONNIE'S)
LOTS 3 TO 18 INCLUDING VACATED ROAD, BLOCK 8, AVALON,
PID #19-117-Z3 31 00Zl
P&Z CASE #93-057
WHEREAS, the owner, Ralph C. Turnquist, has applied for a
Conditional Use Permit for a ,,Commercial Parking Lot (not
affiliated with the principal use)" as required by the Mound Zoning
Ordinance for properties located in the B-2 General Business
District, and
WHEREAS, there is a Parking Stall Lease Agreement between
,,Lakewind Sport and Yacht Assn." and ,,Turnquist Properties" which
states, in part, the lease shall run month to month with a 30 day
notice to terminate. Not less than 15 parking stalls per month
shall be leased. Motor vehicles, boats and boat trailers, are
referenced as ,'vehicles" that will be parked on the lot. It
appears the entire parking lot is intended to be used for available
parking. Vehicle maintenance and tailgating are prohibited and the
lease further states if the police receive reports of disturbances
or any behavior constituting a public nuisance the lessor may
terminate immediately without prior notice, and
WHEREAS, this is an after-the-fact application; on October 1,
1993 fifteen spaces were leased, and
WHEREAS, it is stated in the application that this is
proposed to be an interim short-term solution to a long-standing
parking problem at Lakewinds. The parking lot location is at the
rear of the old Donnie's Restaurant, and
WHEREAS, there is concern about this parking lot becoming an
open boat storage area
WHEREAS, there appears to be a legitimate need for additional
car parking for Lakewinds. This approach is convenient and assists
in their immediate need while they seek a long term solution to
their parking problems, and
WHEREAS, Lakewinds needs more parking spaces, they have 191
condominium units with only 266 parking spaces, and they have
received complaints from the fire department as they are concerned
about the parking arrangements at Lakewinds. They have spent a lot
of time and effort investigating parking alternatives, including,
parking space elevators, parking ramps, and purchasing adjacent
property. This proposal is a temporary solution, and
Proposed Resolution
December 14, 1993
Case 293-057
Page 2
WHEREAS, the Planning Commission has reviewed the request and
recommended approval with conditions.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Mound, Minnesota, as follows:
The City does hereby grant a Conditional Use Permit for a
"Commercial Parking Lot (not affiliated with the principal
use),, at 4451 Wilshire Blvd., upon the following:
A. Parking be limited to automobiles, passenger
vehicles and trucks not more than a one ton ~ nr~
capacity. Specifically, no boat, boat
trailer, or motorcycle parking is allowed.
B. All vehicles must be currently licensed and in
operable condition.
Ce
Ail other non-related activities shall be
prohibited. Specifically, the premises shall
not be used for the repair or maintenance of
such vehicles. No activity commonly referred
to tailgating shall be permitted, nor shall
there be any unnecessary noise after the hour
of 9:00 p.m.
De
Ee
If it is determined that a public nuisance
exists, the City may terminate this
Conditional Use Permit upon written notice.
City Council may at any time during the term
of the Conditional Use Permit determine that a
landscape plan must be submitted and installed
to create a buffer between this and the
adjacent residential zones.
Fo
Annual review of the Conditional Use Permit be
required by the City Council at a Public
Hearing.
This Conditional Use Permit is granted for the following
legally described property:
Lots 3 to 18 inclusive, also including
adjacent 1/2 of vacated road except well site
and road, Block 8, Avalon. PID $19-117-23 31
0021.
Proposed Resolut£on
December 14, 1993
Case $93-057
Page 3
This Conditional Use Permit shall be recorded with the County
Recorder or the Registrar of Titles in Hennepin County
pursuant to Minnesota State Statute, Section 462.36,
Subdivision (1). This shall be considered a restriction on
how this property may be used.
The property owner shall have the responsibility of filing
this resolution with Hennepin County and paying all costs for
such recording.
,!
J, · I,,,
· % ·
CITY of NIOUND
PUBLIC HEARING NOTICE
CITY OF MOUND
MOUND, MINNESOTA
CASE NO. 93-057
NOTICE OF A PUBLIC HEARING TO CONSIDER
THE ISSUANCE OF A CONDZTION~%L USE PERMIT TO ALLOW A
,,COMMERCIAL PARKING LOT (NOT AFFILIATED WITH THE PRINCIPAL USE)"
IN THE B-Z ZONING DISTRICT
AT 4451 WILSHIRE BLVD. (OLD DONNIES)
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 14, 1993 to consider a request by Ralph
Turnquist for a Conditional Use Permit to allow a ,,Commercial Parking
Lot (not affiliated with the principal use)" in the B-2 Zoning District
at 4451 Wilshire Blvd., legally described as follows:
LOTS 3 TO 18 INCL ALSO INCL ADJ 1/2 OF VAC RD EX WELL SITE AND
ROAD, BLOCK 8, AVALON. PID $19-117-23 31 0021.
The parking lot is proposed to be used as overflow parking for Lakewinds
Condominiums.
Ail persons appearing at said hearing with reference to the above will
be given the opportunity to be heard at this meeting.
~r~h~-ene-C. Clark, City Clerk
Mailed to property owners within 350' by November 29, 1993.
November 29, 1993.
~ Dr,'~t. ed o- .ecvc'gd ;3cer
Published in the Laker on
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
NOVEMBER $, 1993
CASE//93-057: RALPH C. TURNQUIST, 4451 WILSHIRE BLVD., LOTS
;3 TO 18 INCL. VACATED ROAD, BLOCK 8, AVALON, PID #19-117-23 31
0021. CONDITIONAL USE PERMIT FOR COMMERCIAL PARKING LOT
.- PUBLIC HEARING.
City Planner, Mark Kocgler, reviewed the Building Officials report. The applicant
is seeking an after-the-fact Conditional Use Permit (CUP) to operate a
"Commercial Parking Lot (not affiliated with the principal use)". It is stated in
the application that this is proposed to be an interim short-term solution to a long-
standing parking problem at Lakewinds. The parking lot location is at the rear of
the old Donnies restaurant.
The parking stall lease agreement between "Lakewind Sport and Yacht Assn." and
"Tumquist Properties" states, in part, the lease shall run month to month with a
30 day notice to terminate. Not less than 15 parking stalls per month shall be
leased. Motor vehicles, boats and boat trailers, are referenced as "vehicles" that
will be parked on the lot. It appears the entire parking lot is intended to be used
for available parking. On October 1, 1993 fifteen spaces were leased. Vehicle
maintenance and tailgating are prohibited and the lease further states if the police
PAGE 1 OF 6
CASE ~93-057: TURNQUIST, CUP FOR COMMERCIAL PARKING LOT
Planning Commission Minutes
November 8, 1993
receive reports of disturbances or any behavior constituting a public nuisance the
lessor may terminate immediately without prior notice.
The lessor and owner has submitted an appendix to the CUP application that
details Lakewind's need for parking. Lakewinds representative, Garsten
Management, is willing to respond to any fence or buffer the City may require as
a condition. At the time this report was written, an adequate site plan had not
been provided, but should be provided in time for the Planning Commission
meeting.
The main issue of concern in this case is the request to allow what is potentially
an open boat storage area adjacent to a residential zone. There appears to be a
legitimate need for additional car parking for Lakewinds. This approach is
convenient and assists in their immediate need while they seek a long term solution
to their parking problems.
Staff recommended the Planning Commission recommend approval of a
Conditional Use Permit to operate a "Commercial Parking Lot (not affiliated with
the principal use)' under the following conditions:
Parking be limited to automobiles, passenger vehicles and trucks not more
than a one ton capacity. Specifically, no boat, boat trailer, or motor cycle
parking is allowed.
2. All vehicles must be currently licensed and in operable condition.
All other non-related activities shall be prohibited. Specifically, the
premises shall not be used for the repair or maintenance of such vehicles.
No activity commonly referred to tailgating shall be permitted, nor shall
there be any unnecessary noise after the hour of 9:00 p.m.
If the police receive reports of disturbances, noisy or unruly behavior or any
behavior constituting a public nuisance, the City may terminate this
Conditional Use Permit upon written notice.
PAGE 2 OF 6
CASE #93-057: TURNQUIST, CUP FOR COMMERCIAL PARKING LOT
Planning Commission Minutes
November 8, 1993
:5. City staff may at any time during the term of the Conditional Use Permit
determine that a landscape plan must be submitted and installed to create a
buffer between this and the adjacent residential zones.
It was questioned why staff specifically eliminated the parking of motorcycles and
it was noted that is what the lease states.
It was debated whether boats and trailers should be allowed to be parked on the
property.. It was noted that Mound is a lake community and Lakewinds has
dockage. The fact that this lot is to be used for overflow parking for vehicles was
discussed, this is not to be a storage lot for boats, but used for needed overflow
parking of vehicles. Mike Koch with Garsten Management stated that it is okay
if boats and trailers are not allowed.
Item number 4. in staff's report was discussed and it was noted that this could be
reworded.
The need for a buffer between the adjacent residential property was discussed. A
letter received from Richard and Lynn Young was reviewed and discussed.
The appearance of the site was discussed. It was noted that too much screening/
fencing may look worse, and it makes it difficult for the police to monitor the
area, it could also become an attractive place for the youth to hang out. The
Commission referred to Zoning Ordinance Section 350:720 relating to screening
and buffering and questioned if screening is required between this property and the
adjacent residential property.
Chair Meyer opened the public hearing.
Mike Koch from Garsten Management expressed the need for the extra parking
spaces, he stated that they have 191 condominium units with only 266 parking
spaces. He has received complaints from the fire department as they are
concerned about the parking arrangements at Lakewinds. They have spent a lot
of time and effort investigating parking alternatives, including, parking space
elevators, parking ramps, and purchasing adjacent property. This proposal is a
temporary solution and they would appreciate the support of the Planning
PAGE 3 OF 6
CASE #93-057: TURNQ/JIST, CUP FOR COHHERCIAL PARKING LOT
Planning Commission Minutes
November 8, 1993
Commission and Council.
Mr. Allen Held, son-ln-law of Ralph Turnquist, stated that they are in support of
the application.
Chair Meyer closed the public hearing.
It was suggested that the vehicles being parked in the lot be only actively used
vehicles. Voss suggested a 72 hour limit for parked cars. It was noted that this
would be difficult to enforce.
Mueller noted that he is in favor of allowing seasonal boat and trailer parking due
to the fact that this is a boating community and Lakewinds has docks. It was
questioned if snowmobiles and trailers should also be allowed? How far do you
go?
MOTION made by Mueller, seconded by Clapsaddle to
recommend approval of the Conditional Use Permit to operate a
"Commercial Parking Lot (not affiliated with the principal use)"
under the following conditions:
Parking be limited to vehicles not more than a one ton
capacity and that boat, boat trailers, and motorcycle
parking shall be allowed seasonally from April 1
through October 31.
All vehicles must be currently licensed and in operable
condition.
All other non-related activities shall be prohibited.
Specifically, the premises shall not be used for the
repair or maintenance of such vehicles. No activity
commonly referred to tailgating shall be permitted,
nor shall there be any unnecessary noise after the
hour of 9:00 p.m.
PAGE 4 OF 6
CASE #93-057: TURNQUIST,
Planning Commission Minutes
CUP FOR COMMERCIAL PARKING LOT
November $, 1993
4. If it is determined that a public nuisance exists, the
City may terminate this Conditional Use Permit upon
written notice.
5. City staff may at any time during the term of the
Conditional Use Permit determine that a landscape
plan must be submitted and installed to create a
buffer between this and the adjacent residential zones.
There was further discussion relating to boat and boat trailer parking
screening.
~lensen moved to amend the motion to add an item I/6 to the motion
to require buffering per City Code Section 350:720. Due to lack of
a second, the motion to amend the motion failed.
MOTION failed 1 to 7. Mueller was in favor. Tho_se opposed.
were: Meyer, Clapsaddle, Johnson, Jensen, Voss, Hanus, anti
Michael.
MOTION made by Clapsaddle, seconded by Jensen, to
recommend approval as recommended by staff with the conditions
amended to read as follows:
Parking be limited to automobiles, passenger vehic, les
and .trucks not more than a. one ton capacaty.
Specifically, no boat, boat trader, or motorcycle
parking is allowed.
All vehicles must be currently licensed and in operable
condition.
and
PAGE 5 OF 6
CASE ~93-057: TURNQUIST, CUP FOR COMMERCIAL PARKING LOT
Planning Commission Minutes
November 8, 1993
®
All other non-related activities shall be prohibited.
Specifically, the premises shall not be used for the
repair or maintenance of such vehicles. No activity
commonly referred to tailgating shall be permitted,
nor shall there be any unnecessary noise after the
hour of 9:00 p.m.
If it is determined that a public nuisance exists, the
City may terminate this Conditional Use Permit upon
written notice.
City Council may at any time during the term of the
Conditional Use Permit determine that a landscape
plan must be submitted and installed to create a
buffer between this and the adjacent residential zones.
®
Annual review of the Conditional Use Permit be
required by the City Council at a Public Hearing.
MOTION carried 6 to 2. Those in favor were: Meyer,
Clapsaddle, Jensen, Voss, Hanus, and Michael. Mueller and
Johnson were opposed.
Mueller is in favor of allowing boats. Johnson commented that he would have
liked to have seen condition//5 amended to require a landscape plan be submitted
and that buffering be required.
This request will be heard by the City Council on December 14, 1993.
PAGE 6 OF 6
CITY of MOUND
STAFF REPORT
53-:' M-*-.'/GCC -~OAD
FAX i'2,4723620
DATE:
TO:
FROM:
Planning Commission Agenda of November 8, 1993
Planning Commission, Applicant and Staff
Jon Sutherland, Building Official ~S~
SUBJECT:
Conditional Use Permit (CUP)
APPLICANT:
Ralph C. Turnquist
CASE NO.
LOCATION:
93-057
4451 Wilshire Blvd., Lots 3 to 18 including vacated road, Block 8, Avalon, PID
//19-117-23 31 0021
ZONING:
B-2 General Business District
BACKGROUND
The applicant is seeking an after-the-fact Conditional Use Permit (CUP) to operate a
"Commercial Parking Lot (not affiliated with the principal use)". It is stated in the
application that this is proposed to be an interim short-term solution to a long-standing
parking problem at Lakewinds. The parking lot location is at the rear of the old Dormies
restaurant.
The parking stall lease agreement between "Lakewind Sport and Yacht Assn." and
"Turnquist Properties" states, in part, the lease shall run month to month with a 30 day
notice to terminate. Not less than 15 parking stalls per month shall be leased. Motor
vehicles, boats and boat trailers, are referenced as "vehicles" that will be parked on the
lot. It appears the entire parking lot is intended to be used for available parking. On
October 1, 1993 fifteen spaces were leased. Vehicle maintenance and tailgating are
prohibited and the lease further states if the police receive reports of disturbances or any
behavior constituting a public nuisance the lessor may terminate immediately without
prior notice.
The lessor and owner has submitted an appendix to the CUP application that details
Lakewind's need for parking. Lakewinds representative, Garsten Management, is willing
(D
Staff Report
November 8, 1993
4451 Wilshire Blvd.
Page 2
to respond to any fence or buffer the City may require as a condition. At the time this
report was written, an adequate site plan had not been provided, but should be provided
in time for the Planning Commission meeting.
COMMENTS
The main issue of concern in this case is the request to allow what is potentially an open
boat storage area adjacent to a residential zone. There appears to be a legitimate need
for additional car parking for Lakewinds. This approach is convenient and assists in
their immediate need while they seek a long term solution to their parking problems.
RECOMMENDATION
Staff recommends the Planning Commission recommend approval of a Conditional Use
Permit to operate a "Commercial Parking Lot (not affiliated with the principal use)"
under the following conditions:
Parking be limited to automobiles, passenger vehicles and trucks not more than a
one ton capacity. Specifically, no boat, boat trailer, or motor cycle parking is
allowed.
2. All vehicles must be currently licensed and in operable condition.
e
All other nonrelated activities shall be prohibited. Specifically, the premises shall
not be used for the repair or maintenance of such vehicles. No activity commonly
referred to tailgating shall be permitted, nor shall there be any unnecessary noise
after the hour of 9:00 p.m.
If the police receive reports of disturbances, noisy or unruly behavior or any
behavior constituting a public nuisance, the City may terminate this Conditional
Use Permit upon written notice.
e
City staff may at any time during the term of the Conditional Use Permit
determine that a landscape plan must be submitted and installed to create a buffer
between this and the adjacent residential zones.
JS:pj
Note: The abutting neighbors have been notified of this request.
on December 14, 1993.
This case will be heard by the City Council
4527 Wilshire Boulevard
Mound, Minnesota 55364
October 28, 1993
Planning Commission
City of Mound
5341Maywood Road
Mound, MN 55364
NOV
4 993,
Dear Commissioners~
We have received notice of an application by Ralph Turnquist for a
Conditional Use Permit to allow a ..Commercial Parking Lot (not
affiliated with the principal use)" in the B-2 zoning District at
4451 Wilshire Boulevard.
We do not totally oppose such use. However, if the application is
approved, we would ask that some conditions be attached. First,
the entire property should be fenced with a solid fence which does
not allow an , even very narrow or angular, view of the property, or
contents. ~is fence should be high enough to shield from view
most, if not all, of the vehicles or material on the property, yet
not be so high as to be hideous in itself. It must be completely
solid, such things as a chain link fence with, so called, privacy
strips, do not meet this requirement and are very hard to maintain
in a presentable appearance. Which brings up the second condition
we would recommend. Any fence so installed must be maintained to
its original condition. No signs or graffiti should be allowed to
be put on the fence. No deterioration or degradation of the fence,
to allow it to become an "eyesore" to the neighborhood, should be
allowed. Lastly, any lighting of the area should be subdued and
directed inward from the perimeter so as not disturb or detract
from the comfort of the residents in the area.
Having been a resident/owner of a condominium, we are aware of the
parking problems usually associated with such developments. We
also know that any off-site parking is often used for storage of
non-operating vehicles, recreational vehicles, boats, etc. They
often do not move for extended periods of time, even if they are
capable of such movement. They do constitute an "eyesore". It can
take on the appearance of a Junk yard, particularly when covered
with snow and it is apparent they are not being used, but rather
stored.
If these conditions can not be applied and enforced, now and in the
future, we are vehemently opposed to the request.
We are also concerned with the current apparent use of the property
as a boat and boat trailer storage area and wonder if this is a
currently approved use of th Pr~9~e~
Richar Lynn Young
City of Hound
$34X Ha~ood Road; Hound, MN 55364
Phon®I 472-0600, Fax~ 4?2-0620
Conditional Use ~e~n£t tee: ~00.00
Zoning Sheet Completed:
Please type or print the following Anformatlont
LKC~ DESCRIPTION OF S~BJE~
Adder ~ofl ~PID No.
Nm of Pro~eed Uoo ag Listed ~n ~ Zoning Ord~nanco~
~FFECTS OF THE PRO~ED USE~ L~o~ ~pact~ the pro~sed uoe rill have on pro~r~ ~n the
vic~flLt~, ~nclud~flg, but not l~lt~ to traffic, noise, light, o~ke/odoF, parking, and
describe the steps taken to m~t~gate or eliminate the ~pactl.
If applicable, a development schedule shall be attached to this application providing
reasonable guarantees for the completion of the proposed development. Estimated Develol~en~
Cost of the Project:
R~SIDENTIAL DEVELOPHENTS ONLYs
Nm~b~r of Structures: Nuraber of D~elling Units Per Structure:
LOt Area Per Dwelling Unit: sq. ft. Total Lot Area: sq. ft.
zoning procedure for t~is propert¥~ ~ ) yes, (~no. If Ies, list date(s) of application,
action taken, resolution number(s) and provide copies of resolutioms.
Data
Data
~OLI
/
/ /
/
/
~, // /
11:42
September 8, 1993
Lakewlnds Association -
Need for parking spac¢~
Poo!-.Ir- brand fax transmlt.t.al memo 7671 [,o~p~. ', ~,, .
~pt. ~Ofle a
Conditional Use Permit Application (Draft)
Donnies Restaurant Parking Lot
Because of site limitations, Lakewinds falls short of being able to provide an adequate number
of packing spaces for its residents and guests at all times of the day.
An adequate amount of parking spaces means that there ate enough spaces for ali residents and
guests. Adequate parking also guarantees that there is never any crowding of driving lanes due
to illegal parking along marked curbs.
Without the parking at Donnies, residents arriving late in thc evening are forced to park either
in guest parking spaces or along the curb.
P.Ial
Confin_~eney Planning
A shortage of parking spaces at Lakewiflds becomes a threat to any emergency situation that
should arise. Parking in guest spaces or along the curb takes away from any extra space that
could be used by emergency personnel (police, fire). Furthermore, curb parking dramatically
decreases the cleannce available for maneuvering large emergency vehicles. Parking at Donnies
allev, iates this situation and helps to insure safety for both Lakewinds residents and emergency
Traffic and its Disturbance~_
The off-site parking at Donnics helps to decrease the adverse affects of traffic around Lakewinds
in a number of ways.
Without these spaces, residents are forced to drive around the entire Lakewinds complex looking
for an open space. When this occurs at night, it disturbs residents significantly. When overflow
parking is provided for at Donnies, residents know that they can park there more quickly and
simply without searching for a space in the on-site areas.
Parking at Donniea, therefore, will decrease traffic and the noise, light and pollution that it
creates.
P.O2
09-0E)-93
I I :43
.~tzff~V[gnitorin~ of Lot
The Lakewinds staff will be available five days per week during normal business hours for
monitoring the Donnios lot.
The staff will be able to collect trash on a regular basis, insuring that the lot will not become
unsightly. In addition, parking permits--- which will be required for parking in this lot-- will
be able to be monitored to guarantee that unauthorlzed people are not using the lot.
l*kewlnd-~ and Gatsten 24 Hour Se~lce
La~kewinds Association and Ciarsten Management provide full 24-hour management service.
Diane Malone)', the site manager for Lakewinds, can be reached during normal business hours
at 720-4834. This cellalar phone number provides instant access to her s~n~ices regardless of
her location.
G~sten Management is a full-service prol~rtY management firm. Calling 6~6-1515 during
normal business hours will connect you to a property manager who is familial with the property.
In addition, a 24-hour ~nswerlng service (293-$012) takes mesSages at any time of the day. The
entire G~sten property management staff is equipped with digital pagers, enabling them to be
informed of an emergency at any time of the day or night.
FROM GRAY PLANT MOOTY
Thio a8re~ment, entered into thio /Z '77? day of /~.v~. ,
b~vee~ ~~'~ ~ 3~ ~ ~¢~ ~$~A/. (hereinafter ~he lessee) and
~E~AS ~he les8o~ vlshe8 to le~Oe ~ t~e leosee ~ud t~e lessee vis~e8
~ent ~rom the le88or a n~ber o~ pa~kln~ Btall~ ~or p~rking motor vehicles,
boats, or boat trs~ler$ (here~na~te~ collectively referred ~o as "vehicles')
at a cert~ des~nated Darkens area (he~e~naf~e~ "the park~S lut"), ~hIch
parking lot ts located at ~51 Wllehire Blvd. in the City of Ho~d, Cowry
~ennepin, State of ~esota, the partle~ hereto hereby aires as follows~
1, ~. This le~se shell ~ from month-to-month commencing on Hay
12, 1993. Either the lessor or the lessee may te~minate ~hts lease by
fu~ishing the o~her party at least ~0 days written notice of such ~e~mtmatton.
2. ~, The monthly ~ent shall be the product of $15.00 per parking
stall times the n~beg of parkins stalls, ~hich amo~ shall be payable by
lessee by check before the first day of each month and which amo~lt shall be
nonref~dsble, Payment shall be delivezed ~o TU~UIST PROPERTIES,
P.O. Box 100, Mi~eapolls, Hi~esota ~0.
The lessee shall rent f~om lesso~ s specified number of parking stalls,
not le~s than fifteen (15) parking stalls per month, ~hich n~ber shall be
determined by the psr~iee by telephone not less ~han five (~) days p~ior tO
the begl~ins of each ~onth and memorialized in writing prior to the
of such ~onth.
Residents of lessee shall a~ange to ren~ parkins stalls through
agent (presently lessee's agent is GARSTEN ~AGEMENT CO~.). Eesidents and
guests of lessee shall not use any parkinS s~all without prior ~ritten
approval of leesee's ssent and without pgo~ently displaying on the vehicle
~ritten permission ~o park in sn sssisned parking stall.
Lessor may toe, without prior notice, any vehicle located in a parkin8
stall ~ithout the prior ~rltte~ consent of lessee or tha~ is not prominently
displaying a parking sticker or other ~ritten permission to park in the
park~S stall in which ~he vehicle Is located.
~. Re.airs, m~cerntions, im~ov~mentm, addi~ions, and matntmnance.
Aa and between 't~e lessor and ~he lessee, all decisions in resard to tl,e
repairs, alterations, i~provements, additions, and ~ain=enance of the
~o~ or ~he [~ediately surrounding area thereof shall be made ~n the exclusive
discretion of the lessor, a~d the Lessee Shall have no authority ~n
thereto. Except as otherwise expressly provided herein, all costs and
expenses relative thereto shall be included in the a~orementioned estimated
annual budget.
FROM GRRV PLRHT MOOTV 5.10.1995 tSz27 P'
4. Lease of surface ri~hta. It is hereby expressly agreed betveen
the parties that anythin$ -else contained herein notvithntanding, this lease
shall be only for the surface rights of the p&rkLng stalls end that the lessor
shall ~eset've all subSet:amens and a~r rights relative the£eto.
S, ~. The section, affization, or display of any signs on the
parking lot shall be only v~th the express permlosLon of the lessor.
6. Eminent donate. Zf the entl:e parking lot on vhich the lessee has
parking privileges pursuant to this lease shall be taken under the exercise of
the power of eminent domain by any competent governmental au:l~o~y, this
lease shall terminate as of the date of such taking, ~ less than the entire
packing lot shall be so taken, then at the option of the lessor this lease ma7
be declared terminated. Xn any event, if the lessee's parking stalls ate
located on any portion o: the parkin$ lot so taken, this lease shall
automatically terminate. ~n the event that this lease shall turm~nabe as a
result of any o£ the circumstances described immediately above, bhe rentals
due hereunde~ shall be apportioned betveen the parties hereto as o~ the date
of ,uch taking, and an7 balance o~ the prepaid rentals shall bu immediately
repaid to the lessee. All damages avarded :or such taking shall belong LO and
be the property of the lessor, irrespective o~ the basis on which they are
ave:dod.
7. Destruction of l~ased stemless. It is expressly agreed betveen
the lease: end the lessee that if during the term of this lease ~he parking
lot or the improvements thereon shall be injured or des~:uyud by ££~e, the
elements, or any other cause so as to render the pa:king ~ot unfit £ur Ate
intended use or unable to be repaired ei~h reauu~able diligence within one
bund:ed teenty (120) days item the time of injury, then the lessor may
Lease [roz the date of ouch damage or destructl?n, ~he lessee
terminate thio ........ ~,-~ .+-11s and all interest therein to the
shall immediately sutton:er :ne pa~a-6 .....
lessor, and the lessee shall pay rent therefor only to the time o: such
surrender and be entitled to reimbu~sement :o£ an7 prepaid ren~. ~n the case
of any such destruction or injury, the lessor may reenter and repossess the
parking stalls demised by this lease and may dispossess all parties then in
possession thereof. ~ut i~'the parking ~ot can be restored within one h~nared
twenty (120) days from the time o: the injury thereto, and the lessor within
thirty (30) days from the occurrence o~ such injury elects in writing to su
repair or restore the parking lot vithin one bund:ed treaty (~20) days, and if
the lessee'S parking stalls are located in that area of the parking lot vhich
shall be so :epeired or restored, then this lease shall not end or terminate
on account of such injury, but the tent shall not tun or acc:us a£~er the
injury and during the process or repairs and up to the time vhen the :epairs
shell be completed. In any event, if the lessee's parkin$ stalls are located
in that area si the parking lot vhich cannot or viii not be repaired, then
this lease shall te~ainate on ouch terms and conditions as are designated
above. ~f any such destruction does not ma~erially affect the leesee's
pa:kin8 stalls or access thereto end the lessor decides to restore the
remainder of the pa:kisS lot, then this lease shall not so terminate. An
proceeds obtained from any ~nsurance coverage as a resul~ o£ any such damage
-2-
t ,i i ~ II
FROM GRAY PLANT MOOTY 5. 10. 199~ 15:27 P. 4
or destruction shall be the property of the lessor regardless of the basis on
which such proceeds were determined.
AL1 improvements or betterments, if any, placed by the lessee ca the
demised premises shall, however, in any event be repaired and replaced by the
lessee at his own expense and not at the expense st ~he lessor.
8. Noel/ability_ o£ leaner, indemait~ of les.or b~ lessee. This lease
is made on the express condition that the lessor Shall be free from all
liabilities and claims for damaees or suits for or by reason of any injury o£
injuries to any person, person., or property of any kind or nature whatsoever,
whether the person or property of the lessee, his agents, employees, or
inverses, fros any cause or causes whatsoever while in or on the parking los
or any part thereof during the term of Chis lease or occasioned by any
occupancy or use of the parking lot or any activity carried on by the lessee,
his agents, employees, or lnvitees in connection therewith, unless caused by
negligence of the les.or. The lessee furnher covenants and agrees to
indemnify, save, hold harmless, and defend the lessor ~rom ail liabilities,
charges, expenses (including attorneys' ~ees), and coats on account of or by
reason of any .uch injuries, liabilities, claims, .sits, or losses hoveve~
occurring or damages growing out o~ them.
The lessee further specifically agrees that he will protect, defend,
save, and keep the lessor forever harmless and indemnified against and from
any penalty, damage, or charge imposed for any violation o~ any las or
ordinance which may be occasioned by the neglect of the lessee or those
holding under the lessee.
This provision shall specifically but not exclusively apply to any such
accident or occurrence resultin$ from the use by the lessee, o~ the use by any
person's holding under the lessee, of those areas of the parking lot which
provide the pedestrian vehicular access to the parking stall(s) leased
hereunder.
9. Assignment! sublease. The rights of the
this lease shall not be assignable or eubleasable.
shall be freely assignable.
lessee acquired under
Ail rights O~ the lessor
10. Defaultl. remediea of lesso~. It is agreed between the parties
that if default shall be made by the lessee at any time in the payment of any
rent on the day when it shall become due or payable, and such default shall
continue for ten (10) days, or in case any other default (except reports to
the police of diBturbancee, noisey or unruly behavior, excessive drinkin$, or
any activity constttutin~' a public nuisance) shall be made by the lessee in
the performance of any of the othe~ terms, conditions, or covenants of the
lease by the lessee to be performed, and such other default shall continue for
a period of ten (10) days after the service of written notice o~ such other
default by the lessor on the lessee, then the lessor may enter into and on the
parking lot or any part thereof and repossess it, with or without terminating
this lease and without prejudice to any of its remedies for rent or breach o£
covenant, and in any such event may, at its option, terminate the lease by
81wing written notice of its election so to do, or may, at its option, let the
parking stalls as the a~ent of the lessee or otherwise.
The fore~oin$ rights and remedies given to the lessor are, and shall be
deemed to be, cumulative, and the exercise of one shall not be deemed to be an
election, excluding the exe~clsn by the lesSOr of any other d£fferent
inconsistent remedy, and shall be deemed to be g£vnn to the lessor in addition
to eny other and further rights ~ranted to the lessor by the teems o£ any
other sectiOn herein or by law. The ~a£1ure on the part of the lessor at any
time to e~e~cise any r~ght or ~emedy hereby given to it shall not be deemed to
operete as a vaive~ by it of its riiht to exercise such right or remedy at any
othe~ or future time.
The lesso~ shell not be deemed to be in default under this lease until
the lessee has given the lesso~ v~ltten notice speci~ying the nature o£ the
default and the lesso~ does not cure such default vithin thirty ($0) days
after =ecetpt of such notice or ~lthin such ~easonable time thereafter as may
be necessary to cure such default where such default is of such a character as
to reasonably ~equire more than thirty (30) days to cure.
It is ascend between the
lot and
parties that the lessee shall only be allowed tO ~se the
parking stall(s) for purposes ~elated to the packing of operable passenger
vehicles, boats, and boat trailers, under no circumstances shall lessee be
allowed to use any parking stall for motorcycles. All other non,elated
activities shall be prohibited. Specifically, the premises shall not be used
No activity commonly referred
for the repair or maintenancs of such vehicles.
to tallgatin~ shall be permitted, nor shall there be any unnecessary noise
after the hour of 9~00 P.H. The lessee shall cooperate fully in any parking
lot maintenance activity performed by the lessor. Any such re,sired removal
of the vehicles shall be preceded b~ not leSS then twelve (lZ) hours notice
posted at the entry to the pa~king lot by lessee. If the lessee £ails
vacate the parking stall(a) as ao directed in any such notice, ~hs lessor
shall cause to have any vehicles towed from the perkins stalls at the lesson's
expense. The perkins of more than one vehicle per packing stall shall be
prohibited The lessee shall also comply with whatever rules and
relative ~o the use of the pa~kin$ stalls are promulSated ~rom time to time by
the lessor. Xf the police receive ~eports of disturbances, noisy or un~uly
behavior, excessive d~tnking, or any behavior constitutin$ a public nuisance,
lessor may terminate this lease immediately withou~ any prier notice.
call a reed between the parties that
,2. ,,
... ~.res and provisions of t~s ~_~'.~ are nov ot may be
~s~ ...... . ~_- .... mortaa~e or mor~sSue '-
be subordinate ~o n~ ~ _
the parkin~ lot.
13. Bindint ef£sc~. This lease shal~ be binding on and shall inure to
the benefi~ of -all the parties, their assignees, successors, executOrS,
administrato~s, estates, heirs, and leiatees.
-4-
FROM GR~V PLANT MOOTV 5. 10, 199~ 15:29
14. Appli¢~hle _lay. This lease and the rlShts and obligations o£ the
parties hereunder shall be interpreted in accordance with the laws of the
state o£ ~lnnasota.
15. Arbitrat~Oq. Any dispute or controversy arising u~der, out o£, in
connection vith, or in relation to this lease shell be determined in
~lnneapolis or Wayzata, ~lnnesota, pursuant to the rules then in affect of the
American Arbitration Association, and Judgment may be entered on the award.
16. Bodices. All communications, demands, notices, or objections
permitted or required to be $iven or served under this lease, with the
exception of behavior constituting a public nuisance, shall be In ~ritin~ and
shall be deemed to have been duly ~iven or served i~ delivered in person or
deposited in the United States mall, postage prepaid, for mailin~ by certified
or registered mall, return receipt requested, addressed to a party to this
lease at the address set ~orth next to such party's signature at the end of
this lease, or l~ to a person not a party to this lease, to the address
designated by a party to this lease in the fore~oing manner, commencinB on
the tenth (10th) day after the giving of such notice, any newly designated
address shall be such party's address for the purposes of all communications,
demands, notices, or objections permitted or required to be given or served
under this lease.
17. Amendment. modification~ .or waiver. No amendment, modl£ication,
or waiver of any condition, provision, or term of this lease shall be valid or
O£ any effect unless made in writing, elsned by the partte~ to be bound or ·
duly authorized representative, and specifying with particularity the extent
and nature of such amendment, modification, or waiver. Auy waiver by any
party of any default of another party shall not effect or impair any right
arlsin8 from any subsequent default, gerbing herein shall limit the remedies
and rights Of the parties hereto under and pursuant to this lease.
18. Severable pFovisions. Each provision of this lease is intended to
be severable. If any provision hereof is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of this agreement.
19. ~asoneble._~oneen~. ~henever the lessor's or the lessee's
approval or consent shall be required herein, such approval Or consent shall
not be arbitrarily or unreasonably conditioned, delayed, or withheld and shall
be deemed to have been ~iven, unless within ten (10) days of request therefor,
the lessor or the lessee, as appropriate, $ives notice to the requesttn~ party
that the lessor or the lessee, as appropriate, ts denying such approval or
consent, otatin~ in such notice the reasonable grounds therefor.
20. _Entire_a~_reoment. This lease contains the entire understanding of
the parties hereto with respect tO the transactions contemplated hereby and
supersedes all prior agreements and understandings between ~he parties with
respect to such subject matter. No representations, warranties, undertakings,
or promises, whether oral, implied, written, or otherwise, have been made by
-5-
either party to the other unless exp£essly stated in this lease or unless
mutually aSreed to in vritin$ betveen the parties after the date hereof, and
neither party has relied on any verbal representations, as=eements, or
unde~standinss not expressly set fo=th herein.
21. ~a~ion.. h~adin~s~ or titles. All captions, headinSs, or titles
in the paragraphs or sections of this lease are lnser~ed'for convenience of
reference only and shall not constitute a part of this lease &s & l~mita~ion
of the scope of the pa~ticular paragraphs or sections to vhich they apply.
In vitness vhereof, the parties hereto have set their respective
et§natures as of the day and year first above vritten.
Lessor~s addres!~
Turnquis~ Proportie0
P,O. Box lO0
~infleapolio, HN
ATT~ ?rude Turnquist,
Hana~tng Partner
(6~2) ~49-07~5
~essee'e addreeq~
Lakevinds Sport &nd Yacht
Condoniniu~ Association
4379 Vllehire Blvd.
Bound, MN ~64
(612) 472-7777
1494D
-6-
CITY of XlOUND
September 1, 1993
Ms. Trudy Turnquist
Turnquist Properties, Inc.
P.O. Box 100
Minneapolis, MN 55440
RE:
PARKING VIOLATIONS AT THE OLD DONNIES RESTAURANT SITE , 4451
WILSHIRE BLVD., PID ~19-117-23 31 0021
Dear Ms. Turnquist:
As you may recall, we recently discussed the issue of parking
spaces being leased by Turnquist Properties to Lakewinds
Condominium Association for their tenants. You stated you are
currently leasing up to 15 spaces and that you would copy me on the
actual lease agreement and I would research the application of the
City's Zoning Ordinance regulations. Please be advised that
parking in a commercial lot that is not affiliated with the
principal use of the property is permitted as a Conditional Use in
the B-1 Zone. I have included a Conditional Use Permit (CUP)
application for your use. You must either discontinue this lease
agreement and parking or file your CUP application to give the City
Council the opportunity to review your application.
If you have any questions, please contact me.
JS:pj
Enclosure
CC:
Michael A. Koch, Garsten Management, 2550 University Ave. S., ~ll0,
St. Paul, MN 55114-1052
Diane Maloney, Lakewinds Association, 4379 Wilshire Blvd.
aShukle, City Manager
rk Koegler, City Planner
printed on recycled paper
OVERFLOW PARKING AVAKA~LE
DONNIE'S RF~TAURANT PARKING LOT
$15.00 per month per vehicle, boat or boat trailer.
month basis)
(month to
Call Diane at 472-7777 to leave a message and obtain a permit.
Vehicles without a permit that park in this lot are subject to
towing after May 1, 1993. Turnquist Properties assumes no
liability for loss or damage to vehicles in Donnie's Restaurant
lot.
REMEMBER- the one exception to this is parking there when
you are using the partyrooms. We have permission and
encourage, guest parking at the restaurant lot then. Always
remind your guests not to park at any blue reflectors on our
LAKEWINDS lots.
i
Garsten Management Corporation
professional real estate managernent
August 17, 1993
Trude Turnquist
Turnquist Properties
16061 Holdridge Rd W
Wayzata, MN 55391
RE: Parking adjacent to Lakewinds Condominiums
Thank you for bringing to my attention the request by the Mound Building Official
to see a copy of the lease between Lakewinds Association and Turnquist
Properties. If the City of Mound wants an Occupancy permit or a Commercial
Business Use permit, the Association would be willing to pay the cost.
In addition, if the City of Mound requires that a fence be built or makes some
other request that 1 am not anticipating, please let us know so that we can respond
appropriately.
! have asked Diane Maloney, the on-site manager to address the concerns from Mr.
Henderson, who owns the gas station next door, regarding trash. Diane is also
handling the parking sticker issue. Diane has a cellular phone which she carries
with her at all times so that we are in a position to respond immediately to
concerns such as those that you brought to our attention. You can feel free to call
her at 720-4834 any time any of these kinds of things come up.
Perhaps you would consider getting together with Diane and myself to address any
other concerns that you or your father may have concerning this temporary parking
arrangement. Diane is a member of the Board of Directors and has several years
experience at the Lakewinds Condominium. She owns 5 condominiums there and
is committed to not only maintaining but also enhancing the look and value of all
of the condominium homes at Lakewinds.
Maintaining this opportunity for overflow parking is extremely important to the
Board of Directors, Diane and myself. We wanted to take whatever steps that are
necessary to protect this valuable asset for Lakewinds, however temporary it may
be.
To express our gratitude for your promptness in bringing the request from the
Mound City official to our attention, we would like to extend an invitation and/or
your father to take you out for lunch. It might be helpful to have faces to go with
names.
Thank you again for all of the help that you have given us. I will look fop, yard to
hearing from you.
Michael A. Koch
Property Manager
MAK/jim
GMC\907
Ig
(6~)
(47)
m,,, I I I
445l Wilsh~re Blvd. Avalon
go~ i es
Lots 3 to 18 inci vac rd
Block 8
19-117-23 31 0021
Su rvey~ ),es___ _.~
(63) ~'"'..
~ :.".."L':
4527 Wilshire Boulevard
Mound, Minnesota 55364
December 1, 1993
REC'D DEC
City Council
City of Mound
5341 Maywood Road
Mound, MN 55364
Dear Mayor and Councilmembers~
We have received notice of an application by Ralph Turnquist for a
Conditional Use Permit to allow a ..Commercial Parking Lot (not
affiliated with the principal use)" in the B-2 Zoning District at
4451 Wilshire Boulevard.
We do not totally oppose such use. However, if the application is
approved, we would ask that some conditions be attached, First,
the entire property should be fenced with a solid fence which does
not allow any, even very narrow or angular, view of the property or
contents. This fence should be high enough to shield from view
most, if not all, of the vehicles or material on the property, yet
not be so high as to be hideous in itself. It must be completely
solid. Such things as a chain link fence with, so called, privacy
strips, do not meet this requirement and are very hard to maintain
in a presentable appearance. Which brings up the second condition
we would recommend. Any fence so installed must be maintained to
its original condition. No signs or graffiti should be allowed to
be put on the fence. No deterioration or degradation of the fence,
to allow it to become an -eyesore" to the neighborhood, should be
allowed. Lastly, any lighting of the area should be subdued and
directed inward from the perimeter so as not disturb or detract
from the comfort of the residents in the area.
Having been a resident/owner of a condominium, we are aware of the
parking problems usually associated with such developments. We
also know that any off-site parking is often used for storage of
non-operating vehicles, recreational vehicles, boats, etc. They
often do not move for extended periods of time, even if they are
capable of such movement. They do constitute an .'eyesore". It can
take on the appearance of a Junk yard, particularly when covered
with snow and it is apparent they are not being used, but rather
stored.
If these conditions can not be applied and enforced, now and in the
future, we are vehemently opposed to the request.
we are also concerned with the current apparent use of the property
as a boat and boat trailer storage area and wonder if this is a
currently appr°ved use °f the Pl~~t ~,~~__~
Richard and Lynn Young
J ,,J
Garsten Management Corporation
IV'(!fesxionaJ real cxtatc mamLk, cmen!
November 29, 1993
Femer Johnson, Mayor
City of Mound
5341 Maywood Road
Mound, MN 55364
Ms. Trude Tumquist, with the help of the Lakewinds Association, has been in the process of
arranging for the temporary use of the parking lot at the former Donnies Restaurant. After
several months of work, we recently learned that a conditional use permit was required for the
use of this area as a parking lot. Ms. Turnquist began the application process in November and
the Lakewinds Association is now hoping for your support as this issue reaches your agenda.
The Association places a high priority on easing the congestion in their on-site parking areas.
Because the limited amount of space can encourage residents to disregard fire lane and hydrant
requirements when parking on-site, the Association feels that the temporary use of the Donnies
lot would be beneficial to both Lakewinds and the City of Mound.
We request that you support our conditional use permit for the temporary use of the Donnies
parking lot. If you have any questions regarding our use of this lot, please contact me at 646-
1515.
Michael A. Koch
Property Manager
1/1 1-B
25.50 L/nivcrsiO. Avenue Bi'st. Suite IlO
SI. Paul. Minne.~ola 55114-1052
FAX (612) 646-A't)47
~612~ 646-1515
CITY of MOUND
S34~ MAYWOOD ROAD
MOUND !,'uNE$OTA5536z
~.~2 472 0600
Fa× 6!2~ 472-0620
STAFF REPORT
DATE:
TO:
FROM:
Planning Commission Agenda of December 13, 1993
Planning Commission, Applicant and Staff
Jon Sutherland, Building Official
SUBJECT:
Variance Request
APPLICANT:
Steve Sunnarborg
CASE NO.
LOCATION:
93-053
4924 Edgewater Drive, Lot 15, Skarp & Lindquist's Ravenswood, PID #13-117-
24 41 0013
ZONING:
R-lA Single Family Residential
BACKGROUND
The applicant has revised his original request reviewed by the Planning Commission on
November 8, 1993. The Planning Commission recommended denial at that time as the
request extended the nonconformities and was itself not in a conforming location.
The request, as amended, is now in a conforming location and does represent a
substantial improvement of the property. The existing house is substandard in area, the
lakeside addition is poorly constructed and in a dilapidatext condition. This new plan also
includes a new garage that provides off-street parking and storage.
COMMENTS
The Plan does not eliminate or improve the existing nonconforming conditions, however,
they are considered grandfathered and do appear to have a reasonable life ahead of them
and it is also unlikely they will be removed.
printed on recycled paper
PROPOSED RESOLUTION #93-__
RESOLUTION TO APPROVE A V~I~NCE TO RECOONIZE
EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION
OF A CONFORMING ADDITION AT 4924 EDGEWATER DRIVE,
LOT 15, SKARP & LINDQUIST'S RAVENSWOOD, PID #13-117-24 41 0013
P&Z CASE #93-053
WHEREAS, the owner, Steve Sunnarborg has applied for a
variance to recognize an existing nonconforming 10.6' front yard
setback and a 1.5' side yard setback to allow construction of a
conforming addition, and
WHEREAS, the proposed addition will be conforming to all
setback requirements and plans have been incorporated to allow for
a future garage addition, and
WHEREAS, the subject property is located within the R-lA
single Family Residential Zoning District which according to city
Code requires a lot area of 6,000 square feet, a 20 foot front yard
setback, 6 foot side yard setbacks, and a 50 foot setback to the
ordinary high water elevation, and
WHEREAS, the Planning Commission has reviewed the request and
unanimously recommended approval as the proposal for an addition is
conforming to the zoning Ordinance and represents a substantial
improvement to the property.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Mound, Minnesota, as follows:
1. The city does hereby approve a variance to recognize existing
nonconforming setbacks resulting in a 9.4' front yard setback
variance and a 4.5' side yard setback variance to allow
construction of an addition as shown on the survey revised 11-
30-93.
2. The city Council authorizes the alterations set forth below,
pursuant to Section 350:420, Subdivision 8 of the zoning
Ordinance with the clear and express understanding that the
use remains as a lawful, nonconforming use, subject to all of
the provisions and restrictions of Section 350:420.
3. It is determined that the livability of the residential
property will be improved by the authorization of the
following alteration to a nonconforming use of the property to
afford the owners reasonable use of their land:
Proposed Resolution
Case ~93-053 Page 2
Se
Phase I:
a)
b)
c)
Phase II: a)
Construction of a conforming second
story addition 17' x 23'.
Remove the nonconforming lakeside portion
of the dwelling 12 x 22.4.
Construct a conforming one story addition
on the lakeside of the dwelling 18' x 20'
with a conforming deck.
Construct conforming two story addition
26' x 24' with upper living area and
garage on the main level.
This variance is granted for the following legally described
property:
Lot 15, Skarp & Lindquist,s Ravenswood.
This variance shall be recorded with the County Recorder or
the Registrar of Titles in Hennepin County pursuant to
Minnesota State Statute, Section 462.36, Subdivision (1).
This shall be considered a restriction on how this property
may be used.
The property owner shall have the responsibility of filing
this resolution with Hennepin County and paying all costs for
such recording. A building permit for the subject
construction shall not be issued until proof of recording has
been filed with the City Clerk.
.5
'.7
:'9¥0
Staff Report
Steve Sunnarborg
December 13, 1993
Page 2
RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the amended request
for construction of an addition as shown on the survey revised 11-30-93, and
recommends recognition of the existing nonconforming setbacks resulting in a 9.6' front
yard setback variance and a 4.7' side yard setback variance. This amended proposal for
an addition is conforming to the Zoning Ordinance and represents a substantial
improvement to the property.
The abutting neighbors have been notified of this request. This case will be heard by the City Council on
December 14, 1993.
Sunnarborg Addition
Scale 1/8"= 1'
Phase 1
Great Room
18x20
8xl 1/6
Phase 1
Street elevation
Sunnarborg Addition
Scale 1/8"= 1'
Sunnarborg Addition
Scale 1/8"= 1'
Phase 1
Lakeside elevation
Upstairs Addition
Future Bath and closet
Master Br
14x15
Phase 2
Street elevation
Sunnarborg Addition
Scale 1/8"= 1'
Sunnarborg Addition
Scale 1/8" = 1'
Phase 2
Lakeside elevation
Sunnarborg Addition
Scale 1/8"= 1'
Phase 2
Garage
25x23
8xl 1/6
Great Room
18x20
Upstairs Addition
Phase 2
Br
Br
Master Br
14x15
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
NOVEMBER 8, 1993
CASE g93-053: STEVE SUNNARBORG, 4924 EDGEWATER DRIVE, LOT
15, SKARP & LINDOUIST'S RAVENSWOOD, liD #13-117-24 41 0013.
VARIANCE FOR ADDITION,
City Planner, Mark Koegler, reviewed the Building Official's report. The
applicant is seeking the following variances to construct a second story and
lakeside addition onto the existing dwelling.
Existing/
Required Proposed Variance
FRONT (South) 20' 10.6' 9.6'
SIDE (West) 6' 1.5' 4.7'
page 1 of 3
Case #93-053: Steve Sunnarborg, 4924 Edgewater Drive
pl~'dng Commission Minut~
November 8, 1993
Upon exterior observation, it appears the existing foundation, with some repairs,
is suitable to accommodate the proposed second floor, and from a building
standpoint, the plan represents a substantial improvement.
The lakeside addition would clean-up a dilapidated and poorly constructed deck
and storage area, and the second story addition would add valuable and much
needed living space to the approximately 680 square foot living area on the first
floor.
From a Zoning Code perspective, however, expansion of the existing noncon-
formities is questionable and intensifies the impact on the neighboring properties.
Not shown on the survey, but detailed on the building plans, is the setback to the
new roof over the existing bay on the west side and the structure to house the
fireplace. The Building Code does not permit openings in exterior walls of
dwellings less than 3 feet to the property line unless they are one hour fire rated
assemblies, therefore, the windows, as proposed, would not be permitted. It
appears that the encroachment onto the west side is too great to recommend
approval of variances in this case.
Staff recommended the Planning Commission recommend denial of the variance
request as the expansion and additional improvements worsen the already
substantial nonconforming conditions. Any future expansion of this property
should be in a conforming location.
The Commission discussed the bay window and roof overhang setbacks. Water
run-off onto the neighbors property was discussed as a concern.
The applicant noted that the house was constructed in approximately 1900 to 1910
and there is a large oak tree just north of the existing deck. The applicant
confirmed that a detached garage is planned in the future.
The Commission discussed the possibility of adding a garage on the east side of
the house and include a second story to allow for more living space, this would
also keep the expanded height of the house away from the nonconforming west
side setback.
page 2 of 3
Case #93-053: Steve Sunnarborg, 4924 Edgewater Drive
Planning Commission Minutes
November 8, 1993
The applicant handed out to the Commission a letter from the neighbors on the
west side which states they are in favor of the addition. The applicant's contractor
noted that they would be willing to relocate the fireplace and work on the bay
window issue. He also commented that it would be too expensive to construct a
garage addition as suggested. Michael commented that the request is not a
minimum variance.
MOTION made by Michael, seconded by Voss to recommend
"'.;denial of the variance as recommended by staff. Motion carried
~'UBdlE~'~"'/' 7' to 1. Those in favor were: Meyer, Clapsaddle, Johnson,
Jensen, Voss, Hanus, and Michael. Mueller was opposed.
Mueller commented that the setback is an existing situation and he would have
liked to address other issues such as drainage.
This request will be heard by the City Council on November 23, 1993.
page 3 of 3
06/1T.93 18:12 FAX 612 472 0620
CITY OF MOUND
-~ ~uNCHOR SClENTIFI ~]001
CITY OF MOUND
HARDO'OVER CALCULATIONS
NAME:
ADDRESS:
EXISTING LOT AREA
EXISTING LOT AREA
/0e 8'/0 SQ FT X 30% --
/Oz 2/0 SQ FT X 15%. =
/~'2 2..
HOUSE:
(if impervious
surface under
deck = 100%)
OTHER:
LENGTH WIDTH
f,2. s x 22.
7.~ X 2, g
X
TOTAL HOUSE *
'~.$ x
)2 X
TOTAL'GARAGE
~,~ X.-
· TOTAL D~VEWAY
x
X
TOTAL DECK *
TOTAL DECK ~
¥2°5 X 3 =
TOTAL OTHER *******************
TOTAL PROPOSEDHARDCOVER *******************
MEETS LOT OOYERAGE REQUIREMENT8 * * * * * * * * * * * * * *
BY:
DATE:
~ 75/
76
¥£
29z
/~'o3
2~_¥ES___NO
/~ _/3-- ?~
GLNLILa~L ZONING LNk'OIL%IATION $11EET
Survey on file? yes .o Date of survey
Required ~t W~dth:/~ (~ ~ · ~t of Record? ~es no
(froa~age on an ~proved ~bl~c
EXISTING AND/OR PROPOSED 8ETBACKS:
PRINCIPAl. BUILDING
SZDE: N S IE ~. ·
ACCESSORY BUILDING
FRONT: N $ E W
FRONT: N S E W
SIDE: N S E W 4' or ~;
SIDE: N S E W 4' o[ ~'
P~AR: # S E W 4'
I ~$HO~: . 50' rmeaeured from O.N.w.)
FRONT:
FRONT:
SIDEI
SIDE:
I~A~:
L~d~SHORE:
ACCESSORY BUILDING ~~
WILL THE P]~OSED INPRO~NTS C~)NFOI~? YES NO .
....
0
i
PROPOSED RESOLUTION #93-
RESOLUTION TO ~PPROVE ~ VARI2~NCE TO RECOGNIZE
EXISTING NONCONFORNING STREET FRONTAGE TO ALLOW
CONSTRUCTION OF ~ CONFORNING G2~.&GE ADDITION ~T
2420 WESTEDGE BLVD., THaT PART OF GOVERNNENT LOT 4,
SECTION 23, TO~qSHIP 117, R~NGE 24, PID #23-117-24 22 0005
P&Z C~SE #93-060
WHEREAS, the owner, Steve Homola, has applied for a variance
to recognize nonconforming street frontage to allow construction of
a conforming garage addition, and
WHEREAS, the subject property lies near, but not immediately
adjacent to an improved public access and City Code Section 350:
requires 60 feet of frontage in the R-1 zoning district and the
property in question has 33 feet of frontage, creating a 27 foot
street frontage variance, and
WHEREAS, the subject property received a variance to lot
frontage on August 9, 1988, Resolution #88-109, to allow
construction of the existing dwelling, and
WHEREAS, the subject property is located within the R-1
Single Family Residential Zoning District which according to City
Code requires a lot area of 10,000 square feet, a 30 foot front
yard setback, 10 foot side yard setbacks, and a 15 foot rear yard
setback, and;
WHEREAS, all setbacks,
conforming, and;
lot area, and lot coverage are
WHEREAS, the Planning Commission has reviewed the request and
unanimously recommended approval as the addition is conforming to
all other respects of the Zoning Ordinance and is a reasonable use
of the property.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Mound, Minnesota, as follows:
The city does hereby approve a street frontage variance to
allow construction of a conforming garage addition.
The City Council authorizes the alterations set forth below,
pursuant to Section 350:420, Subdivision 8 of the Zoning
Ordinance with the clear and express understanding that the
use remains as a lawful, nonconforming use, subject to all of
the provisions and restrictions of Section 350:420.
Proposed Resolution
Case #93-060
Page 2
Se
Se
It is determined that the livability of the residential
property will be improved by the authorization of the
following alteration to a nonconforming use of the property to
afford the owners reasonable use of their land:
Construction of 30' x 28' garage addition.
This variance is granted for the following legally described
property:
That part of Government Lot 4, Section 23, Township
117, Rank 24, Hennepin County, Minnesota, lying
northwesterly of the northwesterly right-of-way
line of the Burlington Northern Railroad.
This variance shall be recorded with the County Recorder or
the Registrar of Titles in Hennepin County pursuant to
Minnesota State Statute, Section 462.36, Subdivision (1).
This shall be considered a restriction on how this property
may be used.
The property owner shall have the responsibility of filing
this resolution with Hennepin County and paying all costs for
such recording. A building permit for the subject
construction shall not be issued until proof of recording has
been filed with the City Clerk.
~ OF A MF. ETING OF THE
MOUND ADVISORY PLANNING COMMLqSION
DECEMBER 13, 1993
CASE ~93-060:. STEVE HOMOLA, 2420 WESTEDGE BLVD. ~ GOVT.
SECTION 23f TOWNSHIP 117~ RANGE 24~ PID ~23-117-24 22 0005.
FRONTAGE VARI]%NCE FOR ADDITION.
LOT 4~
STREET
Building official, Jon Sutherland, reviewed the applicant's request
for a variance to recognize the existing nonconforming street
frontage in order to construct a fully conforming garage. This
property received a variance to lot frontage in 1988 to allow
construction of the existing dwelling (note Resolution #88-109.
Staff recommended approval as this request is conforming to all
other respects of the Zoning Ordinance and is a reasonable use of
the property.
MOTION made by Voss, seconded by Weiland to recommend
approval of the variance request as recommended by staff.
Motion carried unanimously.
This case will be heard by the City Council on December 14, 1993.
CITY of MOUND
=:" fTIAYWQOD ROAD
*,'E~%E f~;NNESO-i-~,55364
r.e,,X i6~2, 4.72 0620
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
CASE NO.
LOCATION:
ZONING:
Planning Commission Agenda of December 13, 1993
Planning Commission, Applicant and Staff
Jon Sutherland, Building Official
Variance Request
Steve Homola
93-060
2420 Westedge Blvd., Govt. Lot 4, Section 23, Township 117, Range 24, PID
//23-117-24 22 0005
R-1 Single Family Residential
BACKGROUND
The applicant is seeking a variance to recognize the existing nonconforming street
frontage in order to construct a fully conforming garage. This property received a
variance to lot frontage in 1988 to allow construction of the existing dwelling (note
Resolution//88-109.
RECOMMENDATION
Staff recommended approval as this request is conforming to all other respects of the
Zoning Ordinance and is a reasonable use of the property.
The abutting neighbors have been notified of this request. This case will be heard by the City Council on
December 14, 1993.
printed on recycled paper
¥o17
VARIANCE APPLICATION
CITY OF MOUND ia ~ ~0V 2 9 1993
Phone: 472-0600, Fax: 472-0620
Planning Commission Date:~ Application Fee: $50,00
City Council Date: I..,o,-14-q3 Case No. c"'i&-0¢C)
Distribution:
~ City Planner ~ Public Works
'~dx. City Engineer DNR
Other
Please type or print the following information:
Address of Subject Property
Lot
Addition
Zoning District
Owner's Name
Owner's Address
Applicant's Name (if other than owner)
Address
[~/~ ,,-fed ? -e
Day Phone
Day Phone
1. Has an application ever been~~fo~ning, variance, conditional use permit, or other zoning
procedure for this property,~J~ yes)'~--m= If yes, list date(s) of application, action taken, resolution
number(s) and provide co~sctli~dons.
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 w.ith all area, height, bulk, and setback regulations for the zoning
district in which it is located? Yes ~, No (). If no, specify each non-conforming use (describe reason
for variance request, i.e. setback, lot area, etc.):
SETBACKS: required requested VARIANCE
(or existing)
Front Yard: ( N S E(~ ~'d9 ft. ~2. ~'c9 ft. ft.
Side Yard: ~..~S E W r/'d ft. [~) ft.
R~ Y~d: ( N S~ ) ~. ~- ft.
~eside: ( N S E W ) h- - R'
(NSEW) ,.~. R.
Street Frontage: ~ C) ft. i:z~ ~ ft- ~9~ ft.
Lot Size: al ft ~c~c: al ft ~ ~ _sq ft
Hardcover: ~[[/-L~L-sq ft .~ _at fi C~ g~ al ft
Does the pres~ use of the property conform to all regulations for the zoning district in which it is
located? Yes JAb No (). If no, specify each non-conforming use:
Which unique physical characteristics of the subject property prevent its reasonable use for any of the
uses permitted in that zoning district?
( ) too narrow ( ) topography ( ) soil
( ) too small ( ) drainage {~ existing situation
( ) too shallow $<) shape ( ) other: specify
Please describe:
Variance Application (11/93)
Page 3
Case No.
Was the hardship described above created by the action of anyone having property interests in the land
after the zoning ordinance was adopted (1982)? Yes (), No ~g~. If yes, explain:
J
Was the hardship created by any other man-made change, such as the relocation of a road? Yes (),
~. ff yes, explain:
No
gm
Are the conditions of hardship for which you request a variance peculiar only to the property described
in this petition? Yes (), No (). ff no, list some other properties which are similarly affected?
9. Comments:
I certify that all of the above statements and the statements contained in any required papers or plans to be
submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this
application by any authorized official of the City of Mound for the purpose of inspecting, or of posting,
maintaining and removing such notices as may be required by law.
Owner's Signature
Applicant's Signature
Date
Date
$~0'
'~1ol
NAME:
ADDRESS:
EXISTING LOT AREA
EXISTING LOT AREA
HOUSE:
GARAGE:
DRIVEWAY:
DECK:
(if impervious
surface under
deck = 100%)
OTHER:
CITY OF MOUND
HARDCOVER CALCULATIONS
SQ FT X 30%
SQ FT X 15%
LENGTH WIDTH
~o x ~'~
X
X
lot/
= z~ ~
/ ~00
TOTAL HOUSE * *
'-'z/o x
TOTAL GARAGE *
/ 2 x
TOTAL DRIVEWAY
X
X
TOTAL DECK * * *
TOTALDECK @ 50%
X
X
TOTAL OTHER * *
L I
TOTAL PROPOSEDHARDCOVER *******************
UNDER (OVER) *****************************
MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * *
~~'~ J
J
._~YES___NO
BY: DATE:
CORRECTED PROPERTY DESCRIPTION FOR RESOLUTION J88-109, FILED ON
195
9-20-88, DOCUMENT #5456193. AUGUST 9, 1988
RESOLUTION NO. 88-109
RESOLUTION TO APPROVE FRONTAGE ~ IMPROVED
RIGHT-OF-WAY VARI~%NCES FOR PROPERTY OWNED BY
THE CITY OF MOUND LOCATED ON WESTEDGE BOULEVARD
WHERE~S, the City Council held a public meeting on
August 9, 1988, to consider the issuance of variances from
Sections 23.403 (1) and 23.604.5 (2) of the Mound zoning Code to
permit the sale of land and the construction of a single family
residence on property located at xxxx Westedge Blvd. ( PID #23-
117-24 22 000§); and
WHERE~S, Section 23.402 (1) requires lots to have
frontage on improved public accesses and the property in question
lies near but not immediately adjacent to an improved public
access and Section 23.604.5 (2) requires 60 feet of frontage in
the R-1 zone and the property in question has 33 feet of frontage
creating a 27 foot property width variance; and
WHERE~S, all persons wishing to be heard were heard;
and
WHERE~S, the Planning Commission has reviewed the
request and determined the following:
1. The property is appropriate for a residential use and
should be returned to the tax rolls.
2. Future development options exist for the provision of a
full 60 foot wide frontage for the subject parcel.
3. The property will front on an improved public right-of-
way with minor grading improvements and rock placement.
The Planning Commission unanimously approved
subject variances.
WHERE~S, the Park and Recreation Commission
reviewed the request and recommended the following:
the
has
That the city hold the property until a determination
can be made of the recreation value based on the
development of the surrounding land, i.e. railroad
right-of-way, possibly become a part of a trail system
or see the what outcome of the Hennepin Park plan is.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mound, Minnesota, does hereby approve the lot width
and improved public right-of-way variances for the property
located at xxxx Westedge Blvd. (PID #23-117-24 22 0005) legally
described as follows:
1
q103
196
August 9, 1988
That part of Government Lot 4, Section 23, Township 117,
Range 24, Hennepin County, Minnesota, lying northwesterly of
the northwesterly right-of-way line of the Burlington
Northern Railroad.
The foregoing resolution was moved by Councilmember
Abel and seconded by Councilmember Jensen.
The following Councilmembers voted in the affirmative:
Abel, Jensen, Jessen and Smith.
The following Councilmembers voted in the negative:
Johnson.
ss/Steve Smith
Mayor
Attest: City- Clerk-
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~1o?
ADDRESS: -- ~ { Z~:mi~-: {~EQUIRED d~%~ EXXSTII~
Required ~t Wldth:~ (frontage on in ~provod ~bltc .troot)
Existing ~t WidthS, Depth ~ . __
~SHO~ 50' {mea~ure~ from
EXZBTXNG A~D{OR PROPOIIED 8ETBACKB:
Z,q&, '
FRONT z N S E W FRONT
FRONT: M S E W.., FRONT
~SHO~ ~ ~SHO~
BY t DAT
ACCESSORY BUILDING
CONFOI~? YES~ NO,
(6)
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I
ORDINANCE//66-1993
AN ORDINANCE AMENDING SECTIONS 437:00, SUBD. 5;
437:10, SUBD. I. c; 437:10, SUBD. 11.;
AND 437:15; RELATING TO DOCK LICENSES
THE CITY OF MOUND DOES ORDAIN:
Section 437:00, Subd. 5 is amended to read as follows:
Subd. 5. Removal of Docks. Upon expiration of a dock license, the licensee
must completely remove the licensed dock and appu~¢nanccs 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)
Section 437:10, Subd. 1. c. is amended to read as follows:
Section 437:10. Rules and Regulations.
Subd. 1. Dock Location Map Definition. There shall be on file in the City
Hall a drawing of the City of Mound that is maintained by the Dock Inspector
showing the approved locations of private docks that may be constructed on or
abutting public shorelands under the control of the City. Such master plan shall
contain the following information:
Shoreline Cla;a:,5~t:.c,n: Types and any restrictions applicable to said
locations; (ORD. 45-1990- 12-29-90)
Section 437:10, Subd. 11 is amended to read as follows:
Subd. 11. Removal Deadline. All private docks abutting any public road, street,
park, or commons must be removed from the waters of Lake Minnetonka or other
navigable waters no later than D~_..ember 3! November 1 of the license year unless it
is a winter approved dock location as shown on the master dock map.
Section 437:15 is amended to read as follows:
Section 437:15. Maximum Dimensions, Prohibited Design of Docks. Docks for
which a license is required by this Section 437:15 shall not be less than 24" wide or more
than 48' in width with the exception that one 72" x 72" section is allowed on L, T, or U
shaped docks provided that this configuration be limited to a setback of 10 feet from private
property and shall not infringe on an adjacent dock site. Docks shall not exceed 24 feet in
length except where necessary to reach a ...........m water depth of 35" 48", using Lake
Minnetonka elevation levels of 929.40 feet above sea level. Channel docks, where
navigation is limited and docks must be installed parallel to the shoreline, cannot be less than
24~ wide or more than 72~ in width. The length shall be limited to a setback of 10 feet from
private property or not to infringe on an adjacent dock site. Docks shall be of plank or rail
construction. Dock posts shall be of equal height above the dock boards and shall be at least
two rail construction and constructed to comply to standards and specifications approved by
the Dock Inspector. All docks shall be built or placed with the longitudinal axis thereof
perpendicular to the shoreline unless variations otherwise may be permitted in accordance
with the conditions of the area. Docks which are in existence June 1, 1989, shall be brought
into compliance with all provisions of the City Code when expansion or modification is
requested, or replacement of 50% or more of any such dock that is damaged, destroyed, or
deteriorated. (ORD. //38-1989 - 1-2-90) (ORD. 45-1990- 12-29-90)
Mayor
ATFEST:
City Clerk
Adopted by the City Council December 14, 1993
Publish in The Laker December 20, 1993
PROPOSED RESOLUTION #93-
RESOLUTION TO ~PPROVE ~ CONSTRUCTION ON PUBLIC L/%ND8 PEr,MIT
TO REPLACE A STAIRWAY ON WAURIKA COMMONv DOCK SITE #01560v
~BUTTING 1543 BLUEBIRD LANE IN PART OF LOTS 1, 2, & 32,
BLOCK 6, WOODLAND POINT
WHEREAS, the owner of 1543 Bluebird Lane, Mr. Lyn Hexum, has
applied for an after-the-fact Construction on Public Lands Permit to
replace the existing stairway located on Waurika Common abutting their
property, and
WHEREAS, City Code Section 320, requires city Council approval by
a four-fifths vote for Construction of any kind on any public way, park
or commons, or the alteration of the natural contour of any public way,
park, or commons, and
WHEREAS, on January 26, 1982 the City Council approved Resolution
No. 82-28 for the previous stairway, and
WHEREAS, this stairway will serve only one dock site and this area
has a steep slope.
WHEREAS, the requested improvement falls within the items that are
permitted uses on the commons according to City Code Section 320, the
Flow Chart, the Zoning Ordinance, and the Procedure Manual, and;
WHEREAS, the Park and Open Space Commission reviewed this request
and unanimously recommended approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of
Mound, Minnesota, as follows:
The City Council does hereby approve a Construction on Public Lands
Permit to allow replacement of a stairway at Dock Site #01560 on Waurika
Commons, abutting 1543 Bluebird Lane, subject to the following:
ae
The applicant is responsible for all costs incurred, including
installation and maintenance.
Be
The new stairway shall be in compliance with the Building Code
and inspected and approved by the Building Official.
Ce
The permit will expire five (5) years from the date of City
Council approval.
D. The permit must be renewed with change in Dock License holder.
The applicant's dock license will not be issued until
compliance has been achieved and the stairway is approved by
the Building Official.
MINUTES OF A MEETING OF THE
MOUND ADVISORY PARK AND OPEN SPACE COMMISSION
DECEMBER 2, 1993
APPLICATION FOR CONSTRUCTION ON PUBLIC L~NDS BY MR. LYN HEXUM~ 1543
BLUEBIRD L~NEm FOR STAIRWAY ON WAURIKA COMMONm DOCK SITE ~01560.,
The applicant has applied for an after-the-fact permit to allow the
construction of a stairway on the commons. This stairway will
serve only one dock site and this area has a steep slope.
The new stairway was installed recently and was brought to the
attention of staff when we responded to a complaint regarding
residing on Mr. Hexum's house without a building permit.
The request, although after-the-fact, falls within the items that
are permitted uses on the commons according to City Code Section
320, the Flow Chart, the Zoning Ordinance, and the Procedure
Manual. The stairway is not complete and lacks code compliance,
however, this can be accomplished upon City Council approval.
Staff recommends approval of the Construction on Public Lands
Permit to allow replacement of a stairway as requested, subject to
the following:
The applicant is responsible for all costs incurred, including
installation and maintenance.
The new stairway shall be in compliance with the Building Code
and inspected and approved by the Building official.
The permit will expire five (5) years from the date of City
Council approval.
4. The permit must be renewed with change in Dock License holder.
The applicant's dock license will not be issued until
compliance has been achieved and the stairway is approved by
the Building official.
Mr. Hexum clarified for the Commission that the stairway was
constructed in the same footprint as the previous stairs, and the
Building Official has required handrails on both sides of the
stairway due to the height from grade, and there is some concern
relating to the transition over the riprap area which they need to
discuss.
MOTION made by Casey, seconded by Byrnes to recommend
approval of the Construction on Public Lands Permit as
recommended by staff. Motion carried unanimously.
This request will be heard by the City Council on December 14,
1993.
& II a,,, &
CITY OF MOUND
5341 MAYWOOD ROAD
MOUN D, MINNESOTA 55364-1687
(612) 472-0600
FAX (6t2) 472-0620
STAFF REPORT
DATE:
TO:
FROM:
ABUTTING
PROPERTY:
AB~G
OWNER:
COMMONS:
DOCK SITE:
CLASS:
SUBJECT:
December 2, 1993 Park & Open Space Commission Meeting
Park and Open Space Commission and Applicant
Jon Sutherland, Building Official''~-~'f~"') '
Jim Fackler, Parks Director
1543 Bluebird Lane
Part of Lots 1, 2, & 32, Block 6, Woodland Point
Mr. Lyn Hexum
Waurika Common
01560
C
Construction on Public Land Permit Application to Replace a Stairway
Backeround
The applicant has applied for an after-the-fact permit to allow the construction of
a stairway on the commons. This stairway will serve only one dock site and this
area has a steep slope.
The new stairway was installed recently and was brought to the attention of staff
when we responded to a complaint regarding residing on Mr. Hexum's house
without a building permit.
printed on recycled
Staff Report
1543 Bluebird Lane
December 2, 1993
The request, although after-the-fact, falls within the items that are permitted uses
on the commons according to City Code Section 320, the Flow Chart, the Zoning
Ordinance, and the Procedure Manual. The stairway is not complete and lacks
code compliance, however, this can be accomplished upon City Council approval.
Staff Recommendation
Staff recommends approval of the Construction on Public Lands Permit to allow
replacement of a stairway as requested, subject to the following:
The applicant is responsible for all costs incurred, including installation and
maintenance.
The new stairway shall be in compliance with the Building Code and
inspected and approved by the Building Official.
3. The permit will expire five (5) years from the date of City Council
approval.
4. The permit must be renewed with change in Dock License holder.
e
The applicant's dock license will not be issued until compliance has been
achieved and the stairway is approved by the Building Official.
The abutting owners have been notified. This request is scheduled to be heard by the City Council on
December 14, 1993.
CITY OF MOUND
5341 MAYWOOO ROAD
MOUND. M~NNESOTA 55364-1687
{612) 472-0600
FAX (612! 472-0620
November 24, 1993
Mr. Lyn Hexum
1543 Bluebird Lane
Mound, MN 55364
SUBJECT:
VIOLATION OF CITY CODE SECTION 320, SUBD. 1, CONSTRUCTION
OF STAIRWAY ON COMMONS WITHOUT PERMIT
Dear Mr. Hexum:
Enclosed is a citation as we discussed on the phone and our staff
report for your stairway permit application. It is unfortunate we
are all in this after-the-fact situation. I hope that in the
future your contractor will contact the City staff beforehand and
avoid this trouble. I realize you had an agreement wherein the
contractor was to obtain all permits, however, it is the City's
position that you, the abutting owner, are ultimately responsible
for the stairway permit.
Please contact me if you have any questions or further comments.
~F6n Sutherland
Building Official
JS:pj
Enclosures
CC:
Mike Landon, 591Kunz Dr., Maple Plain, MN 55359
Ed Shukle, City Manager
CITY
PUBLIC LAND PERMIT APPLICATIOI~
OF MOUND, $341 Ma~-wood Road. Mound.
Phone: 472-0~00, Fax: 4?2-0620
pistribution: V"~CC _~ r<n
Building Official
MCWD
DNR LMCD
TYPE OF APPLICATION (chock one)8
I I
I., I
NOV 2 3 1993
55364
MOLIND PLANNING & iNSP.
Date Received { lq8~9~_
Park Meeting Date~
City Council Date
CONSTRUCTION ON PUBLIC LAND PERMIT - new constr.ction. NOTE:
NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOATHOUSES OR OTHER BUILDINGS ON
PUBLIC LAND (City Code Section 320, Subd. 1),
PUBLIC LAND MAINTENANCE PERMIT - to altow repair, to an exi,t£ng
etructure (City Code Section 320, Subd. 3).
CONTINUATION OF STRUCTURE - to a~xow an ,xi.ting improvement to
remain in an "ac is" condition (City Code Section 320, Subd. 3),
' ' LAND ALTERATION - change in ehoreiino, drainage,
m. , elope, trees,
vegetation, fill, otc. (City Code Section 320, Subd. 4).
like boathouses, patio sheds, etc. are all NONCONFORMINO USES. It is the intent of the City
to bring &Il these uses into conformance which means that those structures will at some time
Ln tho future have to bo removed from the public lands. All per~£te granted are for a
lA, ired tho, are non-transferable, and tho etructuro must meet State Building Code.
ADDRESS OF ABUTTING PROPERTY ! %~q ~
OW%IER' S HAME L v !4,
LEGAL DESCRIPTION OF ABUTTING PROPERTY:
~DITION ~Oe~ Irx~a ~O,~ ~ PID $
~CESITE~ ~{~O SHORE~DC~SSIFICATION ~
APPLI~SN~E & ADDRESS (if different)
CONTRACTOR PERFORMING
CONTRACTOR' S bJ)DRESS.
CONTRACTOR' S LICENSE #
OWNER'S DAY PHONE
VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) :..//O O O, o~
signature of Applicant
/fro,, ~, /~ ~ 7
Date
.r
for London Cc~psny
tn SZoek 6, Wo~l~d ~tn~ .. r--~T~..$ /
i~.nnepin ~ty~ ~nnasote ~
' ' ~u~/~ "' ~
C-rti.~lcat, of ~urv-y:
I hereby certify
that this is a true and
correct reprasentation
of a su~ey or the
~o~darl~s of that part
of ~ts 1, 2, and ]2, ~ock 6,
Woodland Point, lyin,; ~s~-rly of the
followinF~,scrt~ line =
roint on th~ ~u:heast-rly lin- of sWid.
, ./
/
fly of th
~ginntnF. at Lt 32
Scale= 1" = 40'
Date m 5-8-72
o I Iron marker
~;rdo~ .~.
land Surve.vor and. Planner
~on(I Lak,~ {~lun,sota
distant 2/. feat Northeast-fly from th~ most Southerly
corner of said Lot 32; thenc~ Northwest-fly ~zrul]~l with
the ~outhwestorly line of seid Lot 32 a dtst-,r.c- of 57 f~t; tt;*ne- de-
flecting, ri~.ht 80° to th: Northeasterly ltn~ cf ?~,id Lot 2, ,,,,' thor-
,haling. It does not purport to Show Lmprowr.~nt.; or
$/
/$
/&
/j
January 26, 19~25
Counc|lmember Polston moved the following resolution.
RESOLUTION NO. 82-28
RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND
GRANT THE ISSUANCE OF MAINTENANCE PERMITS FOR STAIRWAYS
ON WAURIKA COMMONS ADJACENT TO 1543 AND 1545 BLUEBIRD
LANE
WHEREAS, Richard Jacobson of 1543 Bluebird Lane and Lowell Swenson of 1545 Blue-
bird Lane have applied for a maintenance permit for stairways adjacent
to their properties on Waurika Commons, and
WHEREAS, the Park Commission has recommended approval of the maintenance permits
for the stairways be granted,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND,
MINNESOTA:
That the City Council does hereby concur with the recommendation of
the Park Commission and grant the issuance of maintenance permlts
for stairways on Waurika Commons adjacent to 1543 and 1545 Bluebird
Lane.
A motion for the adoption of the foregoing resolution was duly seconded by Council-
member Charon and upon vote being taken thereon; the following voted in favor there-
of: Charon, Polston, Ulrick and Lindlan; the following voted against the same:
none; the followlng being absent: Swenson; whereupon said resolution was declared
passed and adopted, signed by the Mayor and his signature attested by the Acting
City Clerk.
Ma~r -~' - r
Attest: A~ting City Clerk
EESOLUTION NO. 75-173
RESOLUTION DIRECTING THE DOCK INSPECTOR TO ALL(M
THC~E DOORS EXISTING ON WAURIKE AND WAWONASSA
C(~.IONS AND /!,lO ADDITIONAL DOCKS TO SERVE THE
STUTH kND ALVAREZ PROPERTIES FOR THE YEAR 1975;
WITH NO CONSTRUCTION OF STAIRWAYS ON THE C(2~MONS;
TYPE "D" GUIDELINES SHALL APPLY TO THE STUTH AND
ALVAREZ DOCKS
BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA:
That the dock inspector be directed to allow
those docks existin9 on Waurike and Wawonass8
Commons with two additional docks to serve the
Stuth and Alvarez properties for the year 1975.
Be it further resolved:
That no construction of stairways will be per-
mitted on the Commons, and
That Type 'U" Guidelines shall apply to the
Stuth and Alvarez docks.
Adopted by the Council this 29th day of April, 1975.
75-157
-22 -75
RESOUJTION NO. 75-157
A RESOLUTION R~PEALING RESOLUTION NO. 75-132
AND DIRECTING R~;OVAL OF THE STAIRi'~'AY
WHE. ~REAS,
the Council on March 25, 1975, adopted a resolution authorizing
two docks at the end of Block 6, Woodland Point on Waurika Commons
and ft, rther provided that plans and specifications be provided and
approved by the Council prior to construction, and
plans and specifications have been presented and the only practical
way that the docks can exist is to tie stairs, a platform and the
dock together as one unit, and
kU~EP~AS,
the proposed construction would cut off the public shoreland from
public use because this would be one solid unit of wood across
public land so that people walking along the shore would be unable
to use the public shoreline without having to climb over the pro-
posed unit and that the effect of proposal would provide a private
stair, dock and walkway on public land,
NOW, THEREFORe, BE IT RESOLVED BY /"HE CITY COUMCIL OF MOUND, MOUND,
~I ~,,~ o 0 TA.
Resolution No. 75-132 and the authority for docks,
stairways and construction contained therein is hereby
repealed.
J
The stairway constructed on public commons in front of Lot
2, Block 6, Woodland Point shall be removed and no docks.
shall be allowed in this area all in accordance with the
recommendations of the Park Advisory Conmtission.
Adopted by the Council on this the 22nd day of April, 1975.
RESOLUTION NO. 75-1~2
RESOLUTION PERP,~TTING ONLY TWO DOCKS EAST OF TEE
STAIRWAY IN FRONT OF LOT 2, BLOCK 6 ,WOODLAND POINT
TO SERVE ~':0 PROPERTIES ON PARTS OF LOTS 1,2,3,4,5
AND 32, BLOCK 6, WOODLAND POINT - Plat 62200,
PARCELS 3060 and 3080
AND PRGVIDING FOR TEE COUNCIL TO APPROVE
pLANS AND SPECIFICATIONS BEFORE CONSTRUCTION
BE IT RESOLVED BY TEE CITY COUNCIL OF MOUND, MOUND, MII~TESOTA:
That only two docks be permitted at the eud of Block 6, Woodland
Point on Waurika Commons; these docks to be located east of the
stairway in front of Lot 2, Block 6, to be designated Dock 01624
and Dock 01625.
These two docks are to serve the two properties of Lot I and
Part of Lots 2 and 32 (Parcel 3080) and P~rt of Lots 2,3,4,5
and 32 (Parcel 3060).
These docks are to be by a platform 4 feet wide and 20 feet long,
extending from the west end of the stairs in an easterly direction.
The platform is to be built at the owners' expense. All plans
and specifications are to be approved by the City Council prior
to construction. The platform is to be constructe&in accordance
with the plans and specifications provided, and under the super-
vision of the Inspector, and after the platform is completed it
is to be dedicated to the City of Mound to become the property of
Mound for care and maintenance.
Adopted by the Council this 25th day of March, 1975.
"' ' '" i .il
Parks Program:
Approved Budget
$12,435.00
* 1.5 Days of No Programs Due to Weather Were Noted During
the Summer Parks PrOgram.
Beach Program:
Approved Budget
$20,702.00
* 9.5 Days of No Lifeguards Due to Weather Were Noted During
the Summer Beach Prbgram.
December 14, 1993
RESOLUTION NO. 93-
RESOLUTION APPROVING A PREMISES PERMIT APPLICATION
FOR VFW POST #5113,
2544 COMMERCE BLVD.
BE IT RESOLVED, that the City Council of the City of Mound, Minnesota,
approves a Premises Permit Application for the VFW Post #5513, 2544 Commerce Blvd.,
Mound, MN. 55364, for lawful gambling.
ST~TE O~ H~NNESOTA
P~ZSE$ P~J~ZTJ~'N~IA~ APP~ZCATZON
LG214PPR PRINTED:Il/05/93
LICENSE NUMBER: A-O0469-003 EFFECTIVE DATE: 05/01/92 EXPIRATION DATE: 04/30/94
NAME OF ORGANIZATION: VFW Post 5113 Mound
GAMBLING PREMISES INFORMATION
NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED
VTW Post 5113
2544 CommeFco Bird
Mound 55364
COUNTY ~XN
IS THE PREMISES LOCATED WITHIN THE CITY LXMITS?~ Y
LESSOR INFORMATION
DOES YOUR ORGANIZATION OWN THIS SITE?: Yem
IF NO, LIST THE LESSOR:
NAME OF PROPERTY OWNER (WHEN NOT LESSOR):
SQUARE FEET PER MONTH: 0
SQUARE FEET PER OCCASION: 0
AMOUNT PAID FOR RENT PER MONTH: 0
AMOUNT PAID PER OCCASION: ¢
BINGO ACTXVX~"I
BINGO IS CONDUCTED ON THIS PREMISES: Yes IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT
2544 Commerce Bird
Mound NN 55364
Sfl_~:)RAGE ADDRESS
Marquette Bank Mound
2220 Commerce Blvd
Mound MN 55364
BANK XNFORMATXON
GAMBLING BANK ACCOUNT NUMBER: 0024315
ON THE I~INES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS
AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT.
THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FIINDS .... , .
5 y
(BE SURE TO COMPLET~ THE REVERSE SIDE OF THIS APPLICATION)
THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST
GAMBLING PRKNISg8 AIJTHORISATION
I HEREBY GIVE ~NSENT ~ ~ ~ EN~RCE~NT OFFICERS~ T~ G~LING ~ROL ~ OR AGENTS
BO~, OR T~ ~ISSIONER OF ~NUR OR PUBLIC S~ETY, OR AGENTS OF T~ ~I~IO~,
ER T~ P~ISES ~ ENFORCE
~ ~CO~S I~TION
T~ G~BLING ~NTROL BO~ IS AUTHORIZED ~ INSPE~ THE B~K ~S OF T~ G~BLING AC~T
~EN~R ~CESS~Y ~ FULFILL ~UI~NTS OF CU~NT G~BLING R~S ~D STATUTES·
I DECLARE THATI
· I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD;
· ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;;
· ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED;
· I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGARIZATION;
· I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ~ GAMBLING
ACTIVITIES TO BE CONDUCTED;
· I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES
OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERNIT~ TO ABIDE THOSE LAWS
AND RULES, INCLUDING AMENDMENTS TO THEM;
· ~ CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND
LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE;
· I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING
INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT.
DAT~
LOCAL (K)VERNMEHT ACKNOWLEDGMENT
CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY
ITS.
2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS
LOCATED WITHIN A TOWNSHIP.
3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH
A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS.
4. THE IX)CAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY
APPROVING OR DENYING THIS APPLICATION.
5. ~ CO~Y OF TH~ LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST B~
~TTACHED TO THIS APPLICATION.
6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED
TO TIlE GAMBLING CONTROL BOARD.
TOWNSHXP ~
BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A
PREMISES PERMIT WITHIN TOWNSHIP LIMITS.
CITY* OR COUNTY**
TOWNSHIP**
CITY OR COUNTY NAME
J TOWNSHIP
NAME
SIGNATURE OF PERSON RECEIVING APPLICATION
TITLE /-]_ DATE RECEIVED TITLE
REFER TO TH~ CHECKLIST FOR REQUIRED ATTACRNENTS
MAIL TOI GAMBLING CONTROL BOARD
1711 W COUNT~ RD B - SUITE 300 8
ROSEVI~,~.~, Nlq $~113
SIGNATURE OF PERSON RECEIVING APPLICATION
DATE RECEIVED
RESOLUTZON NO. 93-
RESOLUTZON DESZGNATZNG THE CZTY OF MOUND
AS THE LOCAL OOVEI~.~MEN? UNIT (LGU) REGULATZNG
THE ~KTLAND CONSERVATZON ACT OF 1991
MHEREAS, on January 1, 1994, the rules promulgated pursuant to the
We=land Conservation As= of 1991 w111 take effect; and
WHEREAS, under these rules, the local government unit (LGU) i8
responsible for administering the rules in which the wetlands in
question ere located; and
WHEREAS, it ts in the best interest of the City to appoint itself
~he
NOW, THEREFORE, BE IT RESOLVED ~hat the City Council of the City of
Mound, Minnesota does hereby designate Itself ns the local governmen=
unit (LGU) to administrate th8 Wetland Conservation Act of 1991.
"/13:2.
(3/e/93)
Ii · Ii, I
DEPOT RENTAL AGREEMENT
City of Mound
5341 Maywood Road, Mound, MN 55364
Phone 472-0600, Fax 472-0620
THE UNDERSIGNED AGREES TO OBSERVE ALL CITY ORDINANCES AND STATE LAWS AND IS RESPONSIBLE FOR
ANY DAMAGE DONE TO THE ABOVE PUBLIC FACILITY, AND FOR PROPERTY CLEAN-UP OF THE BUILDING AND
SURROUNDING GROUNDS AS DESCRIBED IN THE P, ENTAL POLICY.
NO LIQUOR IS ~[.r4~WED IN ANY OF THE CITY PARKS OR BUILDINGS.
?//_ J /
RENTER'S 5IGNAT~E DATE
***********************************************************************
OF INSPECTION: ~PROVED BY:
R~SON FOR NOT RET~ING DEPOSIT:
DATE DEPOSIT R~ED/~CEIVED:
***************************************************************************
$200
$1uO per day
$50 per day
$25 per day
FREE
Cancellations
Rental Fees
DAMAGE AND CLEAN-UP DEPOSIT. Your deposit check will be held by the City
of Mound and returned to you by mail after inspection of the Depot by the
Parks Director.
NON-MOUND RESIDENTS for sample sales, plus the purchase of a Peddlers
License.
CIVIC AND NON-PROFIT CHARITABLE ORGANIZATIONS FORM OTHER COMMUNITIES for
rummage sales, parties, craft sales, etc.
MOUND RESIDENTS for private use, parties, rummage sales, craft sales, etc.
Also for churches and Sunday schools on approval of the City Council.
MOUND WESTONKA COMMUNITY CIVIC AND NON-PROFIT CHARITABLE ORGANIZATIONS
(provided clean-up is made after the meeting) such as, but not limited to
the following: Jaycees, K.C.'s, Lions, Rotary, Free B's, Women's Sewing
Guild, Garden Clubs, Women's Clubs, Westonka Chamber of Commerce,
Historical Society.
One day is considered 7:00 a.m. to midnight.
$25 of the rental fee will not be refunded if a reservation is
cancelled with less than 30 days notice.
_$25.00 Day - Single Concert
_$200.00 Yr.- Annual Concert
/ . License Year
Annual Concert
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
LIVE MUSICAL CONCERT
EVENT:
o.
TYPE OF CONCERT:
~... ~.~o~ o~ co.c~:
.
(m~,~.~ ~ ~
WORK PHONE t: - . WO~ PHONE
~C. 450:Z5. pQIi¢, Officer In A~tendnnc~
it I~ incu~,nt ~¢xfl every ttc~s~ to ~ovi~ f~ the
ntt~e of ~tlce officer~, ~ty ~ ~ the
~ief of Police, eM in sufficl~t ~r$ to mintain
~e ~ or~r ~ri~ *[[ ti~ in ~ich , ~e or
[i~ ~{c c~ert i~ ~i~ held.
Date
Applicant'
DeDartment Appr,oval/DeDial
(Submit memo if denied)
Approved
Police Dept.
Adm.
Bldg. Dept.
Fire Dept.
Denied
PUBLIC GATHERING PERMIT
Use of a public park or commons by any group consisting of 15 or
more ~ndividuals.
Use is not to interfere wi~h traffic and general use of the park or
commons or to be beyond.the ability of the police in maintaining
order.
NO LIQUOR MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS
Group is to remove all litter and trash 'and provide a desopit to
insure cleaning up of the park area.
Deposit
Date of Use
Time Frame
Intended Use ~q~\~
Expected Attendance
Organization }~!~
Representatives Name
Telephone No. Home:
D~iver, Lic. No. ~_
DEPARTMENT APPROVAL
City Manager
Police Dept.
Park Dept.
PUBLIC HEARING NOTICE
CITY OF MOUND
MOUND, MINNESOTA
CASE NO.
93-058
NOTICE OF A PUBLIC HEARING TO CONSIDER
THE VACATION OF A DRAINAGE EASEMENT
LOCATED AT 2563 LOST LAKE ROAD, LOT 18, BLOCK 1, LOST LAKE
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, January 11, 1994 to
consider a request to vacate a drainage easement at 2563 Lost Lake Road, Lot 18, Block 1, Lost Lake.
The legal description of the easement to be vacated is as follows:
That part of the drainage easement dedicated to the public in Lot 18, Block 1, Lost Lake,
which lies southwesterly of the following described line and its extensions: Commencing
at the most northerly line of said Lot 18; thence an assumed bearing of South 19 degrees
West along the westerly line of said Lot 18 a distance of 39.64 feet to an angle point in
said westerly line; thence South 41 degrees West along said westerly line a distance of
4.00 feet to the point of beginning of the line to be described; thence South 69 degrees
45 minutes East to the East line of said Lot 18, and said line there ending.
All persons appearing at said hearing with reference to the above will be given the opportunity
to be heard at this meeting.
Francene C. Clark, City Clerk
Mailed to property owners within 350' by December 29, 1993, publish in "The Laker" on December 27, 1993 and January 3,
1993, and posted by December 29, 1993.
c113
CITY OF MOUND
CASE NO.
93-059
MOUND, MINNESOTA
NOTICE OF A~PUBLIC HEARING TO CONSIDER
ISSVA C :A OW
XPA S ON
B-I CENTR~I~ BUSINESS DISTRICT
AT OUR LADY OF THE LAKi~CHURC~, 2385 COMMERCE BLVD.
NOTICE IS HEREBy GIVEN, that the .C'~ Council of the City of Mound, Minnesota, will
meet in the Council Chambers, 5341 Maywood Road~ at 7:30 p.m. on Tuesday, January I1, 1994 to
consider a request by Our Lady of the Lake Church to al.low expansion of the church and school, which
according to the Zoning Ordinance requires the issuance`, of a Conditional Use Permit. The proposed
one-story addition to the existing church and school consists of a gymnasium, two meeting rooms, two
locker rooms, two public toilets, office, storage rooms, kitchen, two community outreach rooms, lobby,
vestibule and new elevator. The subject property is located at 2385 Commerce Blvd., legally described
as follows:
Lots 6, 7, 8, 9, and 10, Auditors Subdivision #167, Lots 1, 2, and 3, Guilfords
Rearrangement of Mound Bay Park.
All persons appeari ~n~g at said heating with reference to the ab~e will be given the opportunity
to be heard at this meeting.
Francene C. Clark, City Clerk
Mailed to property owners within 350' by December 29, 1993, and published in 'The Laker' on December 27, 1993.
137
December 14, 1993
RESOLUTION NO. 93-
RESOLUTION APPROVING THE FINAL 1994 GENERAL
FUND BUDGET IN THE AMOUNT OF $2,366,950;
SETTING THE FINAL LEVY AT $1,783,620;
LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA)
OF $494,800, RESULTING IN A
FINAL CERTIFIED LEVY OF $1,288,820;
APPROVING THE FINAL OVERALL BUDGET FOR 1994
BE IT RESOLVED, that the City Council of the City of Mound, Minnesota,
does hereby adopt the following final 1994 General Fund Budget appropriations:
City Council 63,130
Promotions 2,000
Cable TV 1,380
City Manager/Clerk 180,330
Elections & Registration 11,320
Assessing 48,350
Finance 151,080
Computer 24,200
Legal 81,500
Police 795,240
Emergency Preparedness 5,400
Planning and Inspection 157,850
Street 397,520
Shop & Stores -0-
City Property & Buildings 102,860
Parks 136,620
Recreation 33,930
Contingencies 40,000
Transfers 134,240
TOTAL GENERAL FUND
2,366,950
BE IT FURTHER RESOLVED, that the City Council of the City of Mound,
Minnesota, does hereby direct the County Auditor to levy the following taxes for collection
in 1994:
December 14, 1993
SPECIAL LEVIES
Bonded Indebtedness
114,990
Unfunded Accrued Liability of
Public Pension Funds
Total Special Levies
TOTAL LEVY
TOTAL TO BE LEVIED
FOR 1994
Less Homestead Agricultural Credit Aid (HACA)
Certified Levy
33.350
148,340
1,635.280
1,783,620
-494.800
1,288,820
BE IT FURTHER RESOLVED, that the City Council of the City of Mound,
Minnesota, does hereby adopt the final overall budget for 1994 as follows:
GENERAL FUND
As per above
2,366,950
SPECIAL REVENUE FUNDS
Area Fire Service Fund
Capital Improvement Fund
Capital Projects Fund
Cemetery Fund
Dock Fund
Pension Fund
TOTAL SPECIAL REVENUE FUNDS
270,190
328,880
37,500
5,240
53,680
-0-
695,490
ENTERPRISE FUNDS
Recycling Fund
Liquor Fund
Water Fund
Sewer Fund
TOTAL ENTERPRISE FUNDS
104,330
340,230
834,990
1 390 280
2,669,830
SUMMARY
General Fund
Special Revenue Funds
Enterprise Funds
TOTAL ALL FUNDS
December 14, 1993
2,366,950
799,820
2.565.500
5.732.270
BE IT FURTHER RESOLVED, that the City Council of the City of Mound,
Minnesota, held its public hearing on Thursday, December 9, 1993, for consideration of the
final 1994 Proposed Budget.
3
PUBLIC NOTICE
ADVERTISEMENT FOR BIDS
WATER METER READ SYSTEM
NOTICE IS HEREBY GIVEN that sealed bids will be received, opened and read a loud at 11:00
AM, Wednesday, January 5, 1994. Sealed bids will be received by the City of Mound for the
purchase of a system to read water meters remotely. The City has approximately 3200 water
meters.
Each bid must be accompanied by a bidders bond of at least five percent (5%) of the amount
bid, made payable to the City of Mound, as liquidated damages if the bidder, upon the letting
of the Contract to bidder shall fail to enter into the Contract so let. No bid may be withdrawn
for a period of thirty (30) days after the date and time set for opening of bids.
The City Council reserves the right to reject any and all bids and to waive irregularities and
informalities therein and further reserves the right to award the Contract in the best interest of
the City.
The read system must be able to electronically receive and input read data with the City of
Mound's utility billing computer. Additionally, this system must be capable of being upgraded
to a radio read and/or phone read system. The system must be a turn-key operation consisting
of the following segments:
meters, remotes, data collection devices and software,
and, installation services.
The proposals are due by 11:00 AM, on Wednesday, January 5, 1994. A copy of the proposal
along with the required response forms may be obtained by contacting City of Mound, 5341
Maywood Road, Mound, MN 55364, 612-472-0600.
Published: December 20, 1993
The City Council will review and consider the bids at its regular meeting of January 11, 1994.
CITY of MOUND
534~ MAYV'/OOO ROAD
MOUND MtNNE$OTA5536'~ ~657
i6~2, a72-0600
FAX ,6~2! 472.0620
TO: MAYOR AND CITY cOUNCIL .~.~.
FROM: ED SHUKLE, CITY MANAGER
SUBJECT: PROPOSED RESOLUTION TO TERMINATE MONEY PURCHASE
RETIREMENT PLAN OR 401 QUALIFIED PL]%N OF THE ICMA
RETIREMENT CORPORATION
When I began as city manager on January 1, 1986, I came to the
city with retirement plans through the international city county
Management Association (ICMA) Retirement Corporation- Basically,
· olutions ~85-159, ~85-160 and $85-161
cit council through R_es __ er be a member of .the
the Y . to no long .
provided t~e oppo%t~n.l_ty_3~ ~sociation (PERA); to esta~lls~~
deferre ~ .... ~=~ throuah tne~
employees wishing to paruxu~ ....
and establishing a money purchase retirement plan or a 401
Qualified plan which provided the opportunity for the city of Mound
to contribute to a pension plan in lieu of the PERA program.
since that time, the city of Mound has contributed to the 401
Qualified Plan and I have contributed to the 457 or Deferred
Compensation Plan. ' ed b the ICMA Retirement Corporation
Recently, I ~as adv~%s_~. ~e making in administering thee ~
that ~ecause of changes un~.~ ~: ..... ~ ' istratlon fee oz $~uu
Quali ied Plan, they are estaDl~sn~n~ ~,' ~-m~nam told that this fee
which will now be charged to the employer.
cannot be waived. Thus, I have been investigating alternatives
and it appears that it makes economic sense for me to not continue
to participate in the 401 Qualified Plan, but rather roll over the
monies that are in my account into an individual retirement account
(IRA). This also benefits the city, because the city of Mound
would have been responsible for paying the $500 administration fee
on an annual basis.
Effective January 1, 1994, the city's contributions that have
been going into the 401 Qualified plan will be shifted to the 457
printed on recycled paper
Deferred Compensation program of the ICMA Retirement Corporation.
I have been contributing to the 457 while the city has been
contributing to the 401. With the changes I have described, the
city will be making its contribution to the 457 plan and will be
paying FICA or social Security tax on the contribution. However,
the FICA tax is considerably less than what the administration fee
is if I were to continue in the 401 Qualified plan. If you have
any questions, please contact me.
RESOLUTION
TION TO TERMIN]%TE THE 401 QU]%LIFIED
RESOLU ..... m=~ INTERN]%TIONAL
PLaN ~%DMINISTER~'U ~x ~u .......
RETIREMENT CORPOKA'r~v~
WHEREAS, on December 10, 1985 Resolution No. 85-161
,,Resolution to Establish a Money Purchase Retirement Plan" was
approved by the Mound city Council; and
WHEREAS, the purpose of this resolution was to establish
a money purchase retirement plan or a 401 Qualified Plan for
eligible employees of the city of Mound; and
WHEREAS, under federal and state laws, the money purchase
plan or 401 Qualified plan can only exist for employees who are not
under any other qualified plan; and
WHEREAS, in the case of the city of Mound, the only
eligible employee is Edward J. Shukle, Jr., city Manager; and
· city Manager has been
advised by the iCMARetiremen~ ~ ~ and
Qualified plan will be taking place beginning January 1, 1994;
WHEREAS, these changes do not make the 401 Qualified plan
a feasible option for retirement.
NOW, THEREFORE, BE IT RESOLVED, that the city council of
the city of Mound terminates the money purchase plan or 401
Qualified plan of the ICMA Retirement Corporation effective
December 31, 1993.
BE IT FURTHER RESOLVED, that the city of Mound will
notify the ICMA Retirement Corporation of this action so that
Edward J. Shukle, Jr., City Manager, may roll over previously
contributed funds by the City of Mound to the 401 Qualified plan
into an individual retirement account (IRA).
BE IT ALSO RESOLVED, that the city of Mound will continue
to contribute to the city Manager's retirement plan by making its
contribution to the ICMA 457 Deferred Compensation Plan effective
January 1, 1994.
The following Councilmembers voted in the affirmative:
The following councilmembers voted in the negative:
Mayor
erk
260
December 10, 1985
RESOLUTION NO. 85-161
RESOLUTION TO ESTABLISH A ..
RESOLUTION of City of Mound, Minnesota (,'Employer").
WHEREAS, the Employer has employees rendering valuable services;
and WHEREAS, the establishment of a Money Purchase Plan will bene-
fit employees by providing funds for retirement and funds for their
beneficiaries in the event of'death; and
WHEREAS, the establishment of a Money Purchase Plan will assist
the Employer to attract and retain qualified personnel; and
.W~.EREAS, the Employer desires that is Money Purchase Plan be
administered by the ICMA Retirement Corporation;
IT RESOLVED that the Employer es~a~lis~e'_~__
NOW THEREFORE BEin the form of the ICMA Retirement corporation
Money Purchase Plan
Prototype Money Purchase Plan and Trust, pursuant to the specific
provisions'of the executed Adoption Agreement- The Pl'an and the
Trust forming a part hereof are established and shall be maintained
for the exclusive benefit of eligible employees and their bene-
f iciar les. .~~/~~ _
Mayor
- City Clerk
, City Clerk of the
I, Fran n . lar . foregoing resolution
City of Mound do hereby certify that the was duly
sed b Councilmember Peter$on
p~r=o~p~o~a an Yadopted at a r~gular meeting of the City council
of the City of Mound, Minnesota thereof assembled this 10th
day 6f December, 1985, by the following vote:
~' City Clerk
AYES:
.lessen, Paulsen, Peterson, Polston and Smith.
NAYS: none
ABSENT: none
(SEAL)
Mound City Code
Section 540:00, Subd. 4.
Two-Family Usage and Multiple Dwelling Usage - Is computed on
the same basis as a single dwelling, except that the total quarterly
charges on all such properties shall not be less than the number of
units multiplied by the $9.80 per month, minimum charge per unit.
Water used but not placed into the sanitary sewer may be deducted
providing it is metered.
Dwellings Connected to Sewer but not Connected to Municipal
Water - Shall pay a quarterly rate of $34.95. If such users wish to
pay sewer rates based on gallons of water used, they can purchase a
water meter from the City and have their own plumber install the
meter on their well.
Commercial and Industrial - The quarterly sewer rate is baed on
the actual amount of water used each month on the same cost scale
as residential (see above). Water used but not placed into the
sanitary sewer may be deducted providing it is metered.
Availability Charge - All dwellings not connected to the sanitary
sewer must pay an availability charge of $29.40 per quarter
whether occupied or vacant.
Late Fee Penalty - For all bills not paid on or before the due date
specified on the bill, a 10% late fee will be added.
13 610:45
Water Gallonage Rates
a. Service charge of $1.15 per month, per account
b. For all water consumed:
$1.05 per 1,000 gallons
Res. #93-
9/14/92
~ NO. 93-
I~ESOLUT~ON AME~ING SECTION 540:00, SUBD. 3 OF THE CITY CODE
RELATING TO SEWER RATES; AND
AMENDING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE
RELATING TO WATER RATES
Section 540 - Sewer and Water Rates. Cha~es and Fee~
Section 540:00. Sewer and Water Rates. Charges and Fees.
Subd. Code Conditions
No. Section Type of License and Terms Amount
3 600:45
Treatment Rates
Sewer Rates
Residential
Quarterly Charge
Res. 93-
Quarterly sewer charge
For 10,000 gallons or less
All over 10,000 gallons,
per 1,000 gallons 1.85
Minimum Quarterly Bill 29.40
NOTE: The above minimum applies to each single family
dwelling or apartment which is in accordance
with existing sewer department policy.
$29.40 Minimum
Commercial, Including Large
Apartments
Monthly Charges
Res. 93-
Monthly Sewer Charges (Large Users)
For 3,000 gallons or less
All over 3,000 gallons, per
1,000 gallons
NOTE: Minimum Monthly Bill
per apartment
$ 9.80 Minimum
1.85
9.80
Single Family Dwelling - The sewer rate shall be based on the
actual usage or the first quarter actual water usage, whichever is
less.
9/14/92
I,I I ,
13
Mound City Code
610:45
Section 540:00, Subd. 4.
Two-Family Usage and Multiple Dwelling Usage - Is computed on
the same basis as a single dwelling, except that the total quarterly
charges on aH such properties ShalI not be less than the number of
units multiplied by the $9.80 per month, minimum charge per unit.
Water used but not placed into the sanitary sewer may be deducted
providing it is metered.
Dwellings Connected to Sewer but not Connected to Municipal
Water - Shall pay a quarterly rate of $34.95. If such users wish to
pay sewer rates based on gallons of water used, they can purchase a
water meter from the City and have their own plumber install the
meter on their well.
Commercial and Industrial - The quarterly sewer rate is baed on
the actual amount of water used each month on the same cost scale
as residential (see above). Water used but not placed into the
sanitary sewer may be deducted providing it is metered.
Availability Charge - Ail dwellings not connected to the sanitary
sewer must pay an availability charge of $29.40 per quarter
whether occupied or vacant.
Late Fee Penalty - For all bills not paid on or before the due date
specified on the bill, a 10% late fee will be added.
Water Gallonage Rates
a. Service charge of $1.15 per month, per account
b. For aH water consumed:
$1.05 per 1,000 gallons
Res. #93-
9/14/92
~N~ N ~iNG SECTION 540:00, SUBD. ~OF THE CITY CODE
RELATING TO SEWER RATES; AND
AMENDING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE
. ._. RELATING TO ,~ATER RATF~ "'
/~ W r h n
Section 540:00. ~
Conditions
Subd. Code
~ ~dJ_q_R ~T~ue of Licens~
600:45 T~tment ~t~ ~
Quarterly Char?.g_
Quarterly sewer charge $29.40 Minimum
For 10,000 gallons or less
All over 10,000 gallons, 1.85
per 1,000 gallons 29.40
Minimum Quarterly Bill
NOTE: The above minimum applies to each single family
dwelling or apartment which is in accordance
with existing sewer department policy.
~Commercial, Including Lar~
Monthly Sewer Charges (Large Users)
For 3,000 gallons or less
All over 3,000 gallons, per
1,000 gallons
NOTE: Minimum Monthly Bill
per apartment
~Monthlv Charges
$ 9.80 Minimum
1.85
9.80
Single Family Dwelling - The sewer rate shall be based on the
actual usage or the first quarter actual water usage, whichever is
9/14/92
BILLS-
December 14, 1993
BATCH 3113
BATCH 3114
TOTAL BILLS
$150,190.28
107,702.16
$257,892.44
& · ii,
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ID,.
LEN HARRELL
Chief of Police
MOUND POLICE
5341 Maywood Road
Mound, MN 55364
Telephone 472-0621
Dispatch 525-621¢
Fax 472-0656
EMERGENCY 911
TO:
FROM:
SUBJECT:
Ed Shukle
Len Harrell
Monthly Report for November 1993
STATISTICS
The police department responded to 1,183 calls for
service during the month of November. There were 25
Part I offenses reported. Those offenses included 3
criminal sexual conduct, 9 burglaries, 12 larcenies,
and 1 arson.
There were 56 Part II offenses reported. Those
offenses included 6 child abuse/neglect, 1 forgery/NSF
check, 2 narcotics, 12 damage to property, 3 liquor law
violations, 5 DUI's, 4 simple assaults, 6 domestics (4
with assaults), 7 harassments, 2 juvenile status
offenses and 8 other offenses.
The patrol division issued 186 adult citations and 3
juvenile citations. Parking violations accounted for
an additional 11 tickets. Warnings were issued to 88
individuals for a variety of violations.
There were 3 adults and 4 juvenile arrested for
felonies. There were 19 adults and 5 juveniles
arrested for misdemeanors. There were an additional 10
warrant arrests.
The department assisted in 5 vehicular accidents.
There were 33 medical emergencies and 242
animal/inspections complaints. Mound assisted other
agencies on 32 occasions in November and requested
assistance 4 times.
Property valued at $13,091 was stolen in November.
MOUND POLICE DEPARTMENT
MONTHLY REPORT - NOVEMBER 1993
II.
INVESTIGATION
The investigators worked on five criminal sexual
conduct cases and 12 child protection issues in
November. These 17 cases accounted for 85 hours of
investigative time. Other cases included assault,
theft, forgery/NSF checks, stalking, burglary
narcotics, robbery, harassing communications, vehicular
accident, and vandalism.
Formal complaints were issued for possession of
marijuana, no insurance, assault, worthless checks,
criminal sexual conduct, driving after cancellation,
and boating while intoxicated.
III ·
Personnel/Staffinq
The department used approximately 49 hours of overtime
during the month of November. officers used 70 hours
of comp-time, 130 hours of vacation, 16 hours of sick
time, and 35 holidays, officers earned 31 hours of
comp-time.
IV.
Training
One officer attended intoxilyzer school for one week,
one attended EMT refresher, one attended the Wilson
Supervisory & Leadership Course, and each officer
attended firearms training.
Vo
Police Reserves
The Reserves donated 258 hours during the month of
November.
OFFENSES
REPORTED
CLEARED
UNFOUNDED
NOVEMBER
EXCEPT.
CLEARED
1 9 9 3
CLEARED BY
ARREST
ARRESTED
ADULT JUVENH-
PART I CRIMES
Homicide 0 0 0 0
Crimina[ Sexua[ Conduct 3 0 1 0
Robbery 0 0 0 0
Aggravated Assault 0 0 0 0
Burg[ary 9 0 0 1
Larceny 12 1 2 2
Vehicle Theft 0 0 0 0
Arson 1 0 0 0
0 0
3 0
0 0
0 0
0 2
0 2
0 0
0 0
TOTAL 25 1 3 3 3
PART Il CRIMES
ChitdAbuse/Negtect 6 3 1 0 1
Forgery/NSF Checks 1 0 1 0 0
Crimina[ Damage to Property 12 0 3 0 0
Weapons 0 0 0 0 0
Narcotics 2 0 0 2 2
Liquor La~s 3 0 0 3 4
DWl 5 0 0 5 5
Simpte Assautt 4 1 2 0 0
Domestic Assau[t 4 0 0 3 2
Domestic (No Assautt) 2 0 0 0 0
Harassment 7 1 1 0 0
Juvenile Status Offenses 2 0 0 2 0
Public Peace 0 0 0 0 0
Trespassing 0 0 0 0 0
At[ Other Offenses 8 0 0 6 5
0
0
0
0
0
0
0
0
1
0
0
3
0
0
1
TOTAL 56 5 8 21 19
PART Ill & PART IV
Property Danage Accidents 5
Persona[ Injury Accidents 0
Fata[ Accidents 0
Nedicats 33
Animal CompLaints 242
Nutua[ Aid 32
Other Genera[ Investigations 76~
TOTAL 1,0?&
Nennepin County Chitd Protection 9
Inspections 19
TOTAL 1,183
11
24
22
1
MOUND POLICE DEPARTMENT
CRIME ACTIVITY REPORT
NOVEMBER 1993
GENERAL ACTIVITY SUMMARY
THIS
MONTH
Hazardous Citations 94
Non-Hazardous Citations 85
Hazardous Warnings 28
Non-Hazardous Warnings 26
Verbal Warnings 74
Parking Citations 11
DWI 5
Over .10 5
Property Damage Accidents 5
Personal Injury Accidents 0
Fatal Accidents 0
Adult Felony Arrests 3
Adult Misdemeanor Arrests 29
Adult Misdemeanor Citations 3
Juvenile Felony Arrests 4
Juvenile Misdemeanor Arrests 5
Juvenile Misdemeanor Citations 0
Part I Offenses 25
Part II Offenses 56
Medicals 33
Animmal Complaints 242
Other Public Contacts 762
YEAR TO
DATE
624
644
165
281
1,157
304
70
56
70
22
0
39
274
38
41
76
11
302
690
366
1,322
8,731
LAST YEAR
TO DATE
675
287
129
398
1,045
462
58
41
70
18
0
49
385
113
47
93
44
312
671
252
819
6,300
TOTAL 1,495
Assists 53
Follow-Ups 16
Henn. County Child Protection 9
Mutual Aid Given 32
Mutual Aid Requested 4
15,283
455
284
54
119
43
12,268
756
268
54
129
49
CITATIONS
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
Illegal Passing
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
Derelict Autos
Seat Belt
MV?ATV
Miscellaneous Tags
TOTAL
MOUND POLICE DEPARTMENT MONTHLY REPORT
NOVEMBER 1993
ADULT
5
5
1
9
0
87
1
1
19
0
2
0
1
0
45
0
1
11
1
2
1
1
0
197
JUV
0
0
0
0
0
2
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
MOUND POLICE DEPARTMENT MONTHLY REPORT
NOVEMBER 1993
WARNINGS
No Insurance
Traffic
Equipment
Crosswalk
Animals
Trash/Derelict Autos
Seat Belt
Trespassing
Window Tint
Miscellaneous
TOTAL
ADULT
1
29
14
0
3
31
0
0
0
7
85
JUU
0
1
2
0
0
0
0
0
0
0
WARRANT ARRESTS
Felony Warrant
Misdemeanor Warrants
0
10
Ru~: 7-Dec-93 9:53 PRO03 MOUND POLICE DEPARTMENT Page 1
Primary ISN~s onty: No
Date Reported range: 10/26/93 - 11/25/93
Activity codes: AIl
Property Status: ALL
Property Types: ALI
Property Descs: AL[
Brands: AIl
Models: ALL
Officers/Badges: ALL
Enfors Property Report
STOLEN/RECOVERED BY DATE REPORTED
Prop Prop [nc no ISN Pr Prop Date Rptd Stoten
Tp Desc SN Stat Stoten Vatue
Date Recov~d Quantity Act
Recov~d Value Code
6 93002173 01 01 S 10/31/93 400
B BICYCL 93002140 01 01 S 10/28/93 200
C 93002271 01 01 S 11/12/93 10018
D 93002271 01 02 S 11/12/93 190
E 93002257 01 01 R 11/11/93 1
G 93002137 01 02 S 10/28/93 125
G 93002155 01 02 S 10/29/93 500
G 93002156 01 01 S 10/29/93 200
G 93002156 01 02 S 10/29/93 200
G SHOTGU 93002137 01 01 S 10/28/93 ?5
J 93002309 01 01 R 11/18/93 10
R 93002155 01 01 S 10/29/93 1,360
R 93002160 01 01 S 10/29/93 299
R 93002160 01 02 S 10/29/93 140
R SPEAKE 93002302 01 01 S 11/17/93 100
S 93002132 01 01 S 10/27/93 1,691
S 93002155 01 03 S 10/29/93 500
S 93002156 01 03 S 10/29/93 300
S 93002156 01 04 S 10/29/93 710
T 93002124 01 01 S 10/26/93 40
T 93002133 01 01 S 10/26/93 550
T 93002252 01 01 S 11/10/93 13
T 93002274 01 01 S 11/13/93 300
T 93002291 01 01 S 11/15/93 100
T 93002324 01 01 $ 11/19/93 20
T 93002337 01 01 S 11/22/93 2,965
X 93002156 01 05 S 10/29/93 1,000
X 93002209 01 01 S 11/04/93 84
11/11/93 1
11/20/93 10
Brand Medet Off-1 Off-2
Assnd Assnd
Report Totats: 13,091
11
1 F3274 418
1 U3498 DYNO VFR 418
1 TC159 CANON 421
1 TC159 421
1 U3288 421
1 TG025 D INDUSTR[ P380 404
1 B3434 S&W 1000 418
1 B3394 SPRINGFIEL 12 GA 416
1 B3394 REMINGTON 870 416
1 TG025 H R%CHARD 404
1 U3288 422
1 B3434 SAMSUNG 418
1 B3334 JVC 418
1 83334 SONY 418
1 TG159 422
1 TC169 418
I B3434 418
2 83394 EAGLE ULTRA 416
B3394 416
1 TG021 421
1 TC021 419
1 TG021 422
1 TF021 421 415
1 TGO01 404
B3434 421
1 B3494 411 415
B3394 CRAFTSMAN 416
B3894 422
25.000
Run: 7-0ec-93 11:07 CFS08
Primary ISN's onty:
Reported range:
range each day:
HOW Received:
Activity Resutted:
Dispositions:
Officers/Badges:
Grids:
Patrot Areas:
Days of the week:
No
10/26/93 - 11/25/93
00:00 - 23:59
Att
Att
Att
Att
Att
Att
Att
MOUND POLICE DEPARTMENT
Enfors Ca[ts For Service
INCIDENT ANALYSIS BY ACTIVITY COOE
ACTIVITY COOE NUMBER OF
DESCRIPTION INCIDENTS
2
1
1
2
1
1
1
1
1
1
1
2
1
10
1
9
19
45
1
?
10
9000 SPEEDING
9001 J-SPEEDING
9002 NO D/L, EXPIRED D/L
9004 RESTRICTED D/L
9014 STOP SIGN
9018 EQUIPMENT VIOLATION
J-EOIPMENT VIOLATION
9020 CARELESS/RECKLESS
9022 EXHIBITION DRIVING
9026 OVER THE CENTER LINE
9030 CROSSWALK VIOLATION
90~ STOP ARM VIOLATION
9038 ALL OTHER TRAFFIC
9040 NO SEATBELT
9100 PARKING/ALL OTHER
9140 NO PARKING/WINTER HOURS
9200 DAS/DAR/DAC
9210 PLATES/NO-IMPROPER-EXPIRED
9220 NO INSURANCE/PROOF OF
LOST ARTICLES/OTHER
9312 FOUND ANIMALS/IMPOUNDS
9313 FOUND PROPERTY
Page 1
"/I/,,7
Run: 7-Dec-93 11:07 CFS08
Primary ISNfs onty: No
Date Reported range: 10/26/93 - 11/25/93
Tin~ range each day: 00:00 - 23:59
How Received: ALL
Activity Resulted: AL[
Dispositions: ALl
Officers/Badges: ALL
Grids: ALL
Patrol Areas: ALl
Days of the week: AIl
MOUND POLICE DEPARTMENT
Enfors CaLLs For Service
INCIDENT ANALYSIS BY ACTIVITY COOE
ACTIVITY COOE NUMBER OF
DESCRIPTION INCIDENTS
9315 UNCLAIME DESTROYED ANIHALS 3
9420 DERELICT AUTO 1
9450 PROPERTY DANAGE ACCIDENTS 5
9562 CAT BITES 1
9566 ANIMAL ENFORCEMENT TICKETS 2
9710 MEDICAL/ASU 3
9T~O MEDICALS 28
9731 MEDICALS/DX 1
9732 MEDICALS/Cl 1
9800 ALL OTHER/UNCLASSIFIED 3
9801 DOHESTIC/NO ASSAULT 2
9802 PUBLIC ASSIST 2
9900 ALL HCCP CASES 9
9904 OPEN DOOR/ALARMS 7
9920 INSPECTIONS DEPARTMENT 19
9930 HANDGUN APPLICATION 4
9980 WARRANTS 10
9990 MISC. VIOLATIONS 2
9992 MUTUAL AID/8100 19
9993 MUTUAL AID/6500 8
9994 MUTUAL AID/ ALL OTHER 5
A5001 ASLT 5-UNKNCNN ACT-NO WEAPON-AOLT-FA~ 1
Page
Run: 7-Dec-93 11:07 CFS08
Primary ISN's onty:
ReportM ra~e:
range each day:
How Received:
Activity Resulte~:h
Dispositions:
Officers/Badges:
Grids:
Parrot Areas:
Days of the week:
No
10/26/93 - 11/25/93
00:00 - 23:59
Ali
Ali
Ali
Alt
At[
Att
Alt
MOUND POLICE DEPARTMENT
Enfors Carts For Service
INCIDENT ANALYSIS BY ACTIVITY COOE
ACTIVITY CODE NUMBER OF
DESCRIPTION INCIDENTS
A5305
A5351
A5354
A5502
A5503
B33~
ASLT 5-1NFLICTS ATTEMPTS HRM-NO WEAP-CHLD-ACQ
ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM
ASLT 5-INFLICTS ATTEMPTS HRM-HANOS-CHLD-FAM
ASLT 5-THRT BODILY HARM-NO IdEAP-ADLT-ACQ
ASLT 5-THRT BOOILY HARM-NO WEAP-ADLT-STR
BURG 3-UNOCC RES FRC-D-UNK WEAP-COFt THEFT
BURG 3-UNOCC RES FRC-U-UNK tdEAP-CON THEFT
BURG 3-UNOCC RES NO FRC-D-UNK WEAP-CON THEFT
BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT
BURG 3-UNOCC NRES NO FRC-U-UNK WEAP-CON THEFT
BURG 4-UNOCC RES FRC-D-UNK WEAP-CC~! PROPERTY
BURG 4-UNOCC RES NO FRC-D-UNK 14EAP-UNK ACT
B3434
B3894
B4335
B4430
64790 BURG 4-UNOCC NRES FRC-U-UNK WEAP-UNK ACT
D8500
DCSO0
F3274
I3060
J2500
J2EO0
DRUGS-SHALL AMOUNT MARIJUANA-POSSESSION
DRUGS-DRUG PARAPH-POSSESS-UNK-UNK
ARSON 3-FE-UNINHB-NO WEA-OT STRU-$300-$2499
CRIM AGNST FAN-MS-NEGLECT OF A CHILD
TRAFFIC-GM-ORIVE UNDER INFLUENCE OF LIQUOR
TRAF-ACC-ON-AL 10 MORE-UNK INJ-UNK VEH
TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR
TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH
CSC 1-UNK ACT-POS AUTH-UNDER 13-F
1
2
1
1
1
2
1
1
1
1
1
1
1
1
1
J3EO0
L1051
Page 3
Run: 7-Dec-93 11:07 CFS08
Primary ISN~s on[y: No
Date Reported range: 10/26/93 - 11/25/93
Time range each day: 00:00 - 23:59
How Received:
Activity Resulted: Att
Dispositions: Att
Officers/Badges:
Grids:
Patrol Areas: Att
Days of the week: Att
ACTIVITY COOE
DESCRIPTION
L?021
L?O~5
M3005
M4199
M5350
N3190
P3110
P3120
TC021
TC159
TC169
TF021
TGO01
TG021
TG025
TG159
LG018
U$288
U~498
Y3230
CSC 4-UNK ACT-PARENT-UNDER 13-F
CSC 4-UNK ACT-ACQUAINT-16-17-F
JUVENILE-USE OF TOBACCO
LIQUOR - OTHER
JUVENILE-RUNAWAY
DISTURB PEACE-MS-HARRASSING COHNUNICATIONS
PROP DAHAGE-MS-PRIVATE-UNK INTENT
PROP DAHAGE-MS-PUBLIC-UNK INTENT
THEFT-501-2500-FE-BUILDING-MONEY
THEFT-501-2500-FE-HOTOR VEH-OTH PROP
THEFT-501-ZSOO-FE-WATERCRAFT-OTH PROP
THEFT-ZO1-5OO-GH-BUILDING-MONEY
THEFT-LESS 200-GM-UNKNOt-MONEY
THEFT-LESS ~OO-GN-BUILDING-MONEY
THEFT-LESS ZOO-GM-BUILDING-FIREARMS
THEFT-LESS 2OO-GH-NOTOR VEH-OTH PROP
THEFT-MS-BY CHECK-ZOO OR LESS
THEFT-MS-SHOPLIFTING-ZOO OR LESS
THEFT-MS-BICYCLE-NO MOTOR-ZOO OR LESS
CRIN AGNST GOVN-MS-ESCAPE TAX-HTR VEH
MOUND POLICE DEPARTMENT
Enfors Carts For Service
INCIDENT ANALYSIS BY ACTIVITY COOE
NUMBER OF
INCIDENTS
1
1
1
3
1
?
11
1
1
1
1
1
1
1
1
1
2
1
1
Page
**** Report Totals:
417
Run: ?-Dec-93 11:13 OFF01
Primary ISN's onty:
Reported range:
range each day:
Dispositions:
Activity codes:
Officers/Badges:
Grids:
No
10/26/93 - 11/25/93
00:00 - 23:59
Att
Att
Att
Att
MOUND POLICE DEPARlMENl
Enfors Offense Report
OFFENSE ACTIVITY DISPOSITIONS
Page 1
ACT ACTIVITY OFFENSES UN- ACTUAL
COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING
A5305 ASLT 5-INFLICTS ATTEMPTS HRM-NO WEAP-CHLD-ACQ
A5351 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM
A5354 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM
A5502 ASLT 5-THRT BOO ILY HARM-NO ~EAP-ADLT-ACQ
A5503 ASLT 5'THRT 8001LY HARM-NO WEAP-ADLT-STR
B3334 BURG 3-UNOCC RES FRC-D-UNK WEAP-COM THEFT
B3394 BURG 3-UNOCC RES FRC-U-UNK WEAP-CON THEFT
BURG 3-UNOCC RES NO FRC-D-UNK WEAP-CON THEFT
B3494 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT
B3894 BURG )-UNOCC NRES NO FRC-U-UNK WEAP-COM THEFT
B44~0 BURG 4-UNOCC RES NO FRC-D-UNK I~EAP-UNK ACT
B4790 BURG 4-UNOCC NRES FRC-U-UNK WEAP-UNK ACT
D8500 ORUGS-SMALL AMOUNT MARIdUANA-POSSESSION
0C500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK
ARSON 3-FE-UNINHB-NO WEA-OT STRU-$300-$2499
CRIM AGNST FAN-MS-NEGLECT OF A CHILD
TRAFFIC-GM'DRIVE UNOER INFLUENCE OF LIQUOR
TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH
TRAF-ACCIO-MS-DRIVE UNDER INFLUENCE OF LIQUOR
TRAF-ACC-MS-AL 10 MORE-UNK INd-UNK VEH
CSC 1-UNK ACT'POS AUTH-UNDER 13'F
CSC &'UNK ACT'PARENT-UNDER 13-F
CSC ~'UNK ACT-ACQUAINT-16-1?-F
..... OFFENSES CLEARED ....
ADULT JUVENILE BY EX- PERCENT
ARREST ARREST CEPTION TOTAL CLEARED
L?021
L7075
F3274
I3060
J2500
J2EO0
J3500
J3EO0
0.0
100.0
0.0
50.0
100.0
0.0
0.0
0.0
0.0
0.0
0.0
100.0
100.0
100.0
0.0
100.0
100.0
100.0
100.0
100.0
100.0
0.0
0.0
Run: ?-Dec-93 11:13 OFF01
Primary ISN's onty: No
Date Reported range: 10/26/93 - 11/25/93
Tim~ range each day: 00:00 - 23:59
Dispositions:
Activity codes:
Officers/Badges: Alt
Grids: Att
MOUND POLICE DEPARTMENT
Enfors Offense Report
OFFENSE ACTIVITY DISPOSITIONS
Page 2
ACT ACTIVITY OFFENSES UN- ACTUAL
COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING
..... OFFENSES CLEARED ....
ADULT JUVENILE BY EX- PERCENT
ARREST ARREST CEPTION TOTAL CLEAREO
M3005 JUVENILE-USE OF TOBACCO I 0 I 0 0 1 0 I 100.0
M4199 LIQUOR - OTHER 3 0 3 0 3 0 0 3 100.0
M5350 JUVENILE'RUNAWAY 1 0 1 0 0 1 0 1 100.0
N3190 OISTURB PEACE-MS~HARRASSING COMMUNICATIONS 7 1 6 5 0 0 1 1 16.6
P3110 PROP DAMAGE'MS'PRIVATE'UNK INTENT 9 0 9 6 0 0 3 3 33.3
P3120 PROP DAMAGE'NS'PUBLIC'UNK INTENT 1 0 1 1 0 0 0 0 0.0
TC021 THEFT'501'2500'FE'BUILDING'MONEY 1 0 1 0 0 0 1 1 100.0
TC159 THEFT'SO1-2500'FE'MOTOR VEH'OTH PROP 1 0 1 1 0 0 0 0 q
TC169 THEFT'501'2500'FE-WATERCRAFT'OTH PROP 1 0 1 1 0 0 0 0 0.0
TF021 THEFT-201-5OO-GM'BUILOING-NONEY 1 0 1 1 0 0 0 0 0.0
TGO01 THEFT'LESS 200'GM-UNKNOWN'MONEY 1 0 1 1 0 0 0 0 0.0
TG021 THEFT'LESS 200'GM-BUILDING'MONEY 2 0 2 1 0 0 1 1 50.0
TG025 THEFT-LESS 200'GM'BUILOING-FIREARMS 1 0 1 I 0 0 0 0 0.0
TG159 THEFT-LESS 200'GM'MOTOR VEH'OTH PROP 1 0 1 1 0 0 0 0 0.0
U3018 THEFT-NS-BY CNECK-2OOOR LESS 1 0 1 0 0 0 1 1 100.0
U3288 THEFT'MS'SHOPLIFTING-200 OR LESS 2 0 2 0 0 2 0 2 100.0
U~498 THEFT-NS-BICYCLE'NO NOTOR'200 OR LESS 1 0 1 1 0 0 0 0 0.0
Y32~0 CRIM AGNST GOVN'MS'ESCAPE TAX'MTR VEH 1 0 1 0 0 1 0 1 100.0
**** Report Totats: 7'5 6 67 32 17 7 11 35 52.2
CITY of MOUND
December 2, 1993
TO'. MAYOR, CITY MANAGER A~D CITY COUNCIL
Sales for the month of November were very good. We were up
approximately $7,000 over November of last year, which is almost a
7% increase. Thus, with one month remaining to go this year, gross
sales total $1,284,363, compared with the same time last year when
sales were $1,168,908, an increase of slightly over $115,000, which
translates into a 10% increase.
Perhaps you noticed the Thanksgiving wine sale ad I ran in the
"Laker" the week of Thanksgiving? A huge success, I must admit.
For example, last year the five days before the feast we sold
$6,430 in wine. This year the five days before Thanksgiving, wine
sales were $7,563, up 17%! Also we did nearly $2000 more in total
sales the Wednesday before this Thanksgiving than we did the
Wednesday before Thanksgiving in 1992. I attribute this sharp rise
in sales to two things: our expanded wine selection and the
promotional sale.
JK:ls
printed on recycled paper
CITY of MOL;ND
December 6,1993
To:
From:
Subject:
Ed Shukle
City Manager
Greg Skinner
Public Works
November Activity Report
Street Department
The month started with the Bid opening for the CBD
Snow Removal. Widmer Brothers were only bidders.
We were out sanding and cleaning sidewalks 3 times this
month. While cleaning the sidewalks we did some damage to
the planter at the House of Moys. This has been given to the
Ins. Co. We pushed snow twice and mixed salt and sand 3
times.
The Christmas Tree lighting was a success atleast from our
standpoint. All the lights came on and there was ample power
for all the accessories.
I have been working with the Police Department in the removal
of boats, cars, etc. on Public Right-of Ways and Easements.
With the Police Departments help this has been very
successful.
Water Department
The Water Meter Up-grade Specifications are completed and
will be published in the December 18, issue. The bid opening
is projected for January 5, 1994.
We met with Minnetrista officials regarding the water main
extension on Westedge Blvd. Looks like there should be no
problems.
We have been participating in a Copper sampling project with
the Health Department. We will be taking Copper samples
quarterly for the next 18 months.
eprmted on recycled p,~per
Sewer Department
We had some problems with our liftstation at Chapman Place
over the holidays. We also televised the sewer line on
Bayridge Road to determine where the services were.
Damon and Scott gave a class on Confine Space Entry and
safety equipment functions to the Fire Department.
CITY of MOUND
December 8, 1993
TO:
Ed Shukle, City Manager
FROM:
Fran Clark, City Clerk
November Monthly Report
There were two regular City Council Meetings in November. There
was agenda preparation, packets, minutes, resolutions and follow-up
items from each meeting. Included in those items were the
assessment lists that were certified to the County. Also before
the end of November all the payments made on those assessments were
sent to the County. Of the $37,965.49 at the hearing, $5,885.80
was paid on delinquent water and sewer bills.
Two cemetery lots were sold in November and several stake outs were
done by Public Works. All the transactions that happened in the
cemetery, i.e. sales of lots and burials have been submitted to the
City Engineer so that he can update the cemetery map.
I am continuing to input the Code Book.
Indexing of minutes from the Council Meetings on the Clerk's Index
Program was completed.
There were the usual calls and questions from residents on various
items.
fc
printed on recycled paper
09-Dec-93
TO:
FROM:
RE:
MAYOR, CITY COUNCIL AND CITY MANAGER
GINO BUSINARO, FINANCE DIRECTOR
NOVEMBER FINANCE DEPARTMENT REPORT
INVESTMENTS
The following is the November investment activity:
Balance: November 1,1~3
Bought:
Money Market 4M 100,000
CP 2.90 Shearson 99,911
Inst Govt Inc Piper 400,000
Inst Govt Inc Piper - Income Reinvested 25,378
Money Market 4M - Income Reinvested 2,297
Matured:
CP 3.14 Dain Bosworth (198,272)
CP 3.14 Shearson (98,912)
CP 2.90 Shearson (99,911)
Money Market 4M (TO CHECKING ACCT.) (520,000)
The month of November should have been a quiet month for the Finance
Department: a time to catch up with the work and to get to some of the tasks
that do not require immediate attention.
For some reason it was an extra busy month just to attend to the routine
responsibilities in payroll, utilities, insurance, vendor payments,
and computer operations.
City of Mound
12/09/93
Monthly Report
Utilities
Month of.' November 1993
Utility-93
No. of Customers:
Water
Sewer
Water Used:
(in 1,000 gallons)
Billing:
Water
Sewer
Recycle
Total
Payments:
Water
Sewer
Recycle
Total
Residential
1,102
1,104
17,535
25,063
41,046
3,400
69,509
25,630
47,260
3,788
76,678
Commercial
122
122
4,312
4,446
11,502
19
15,967
5,421
12,837
18
18,276
Total
1,224
1,226
21,847
29,509
52,548
3,419
85,476
31,051
6O,O97
3,806
94,954
CITY of MOUND
PARKS DEPARTMENT
NOVEMBER 1993 MONTHLY REPORT
534~ MAYWOOD ROAD
'? ' '!NNE$OTA
FAX ,612 472.3623
Parks
The ice rinks for this winter again will be at Three Points, Highland,
and Philbrook Parks. Again, we hope to have them ready by christmas
vacation, but the weather will determine if we are successful.
Docks
With the approval of the dock forms, preparation for the 1994 mailing
has started.
Two areas were riprapped totalling approximately 270 lineal feet.
Included in one area was the repair of a storm drain and removal of silt
material from the lake bottom. The Street Department covered 50 percent
of the cost of this project.
This winter, we have two areas that will be riprapped over the ice, 100
lineal feet on Devon Commons and 175 lineal feet on Three Points Blvd.
Both are docking areas that have seen erosion.
Trees
Three trees were marked for removal from private property and two trees
were scheduled to be removed from City property.
JF:pj
(~ printed on recycled paper q l ;I
MON~ MON~ TO DA~ TO DATg
~ O~ ~ 199~ ....
OF C~ 32 65 553 436
JND FI~ } 18 111 ,. 91
D~G~ 10 Z~ 216 147
~NETONKA BEACH ~,I~ D 0 9 13
~G~ 0 1 3 4
NNETRISTA ~I~ 5 3
~G~ } 4 36 36
ONO FI~ 2 0 27 2
~G~ 0 1 25 20
OREWOOD FI~ 0 0 4 3
~G~Y 1 0 4 1
R~G PARK F~ 3 ~ Z5 28
TUAL AID-' FI~ 0 0 4 4
~G~ ~ D ] 0
TAL FIRE CALLS ]5 P4 ~A 177
TAL EMERGENCY CALLS 17 41 35~ 259
~c~ ~ 0 8 12
~ID~T~ 4 6 56 66
~g o o 0
~ 4 1
~E ~M / FIRE ~ 5 8 66 4q
. OF H~ FI~ 93 ~q
- MOUND ~G~Y 218 54~ 4024 2858
~T~ 31 1 884 64~1 5223
FI~ 0 O 9q 21 fi
- ~ITKA BEACH D~G~Y 0 1R 7D qo
~%~ O 1 fl ] fiq
FI~ 101 67 533 429
- M'TRISTA ~G~Y 45 61 655 670
~Z~ 146 128 1188 1099
F~ ~0 0 ~68 427
- ORONO m.~G~ 0 56 520 425
~ 50 56 1088 852
~!~ O 0 80 134
- SHOREWOO~ m~O~ 30 0 7~ ~6
~ 30 0 151 150
F~ 51 48 5o6 58o
- SP. PARK ~G~ 55 147 12gO 1073
~ 106 195 1726 ]653
FIRE 0 0 164 220
- ~ A~D ~G~ O 0 30 0
T~ 0 0 194 220
TAL DRILL HOURS 52% 157~ 1777~
TAL FIRE HOURS 19~ 4~4
TAb EMERGENCY HOURS 348 827
7~ FIRE & ~G~Y ~ ~43 1281
TUA.', AID RECEIVED 0 O
YUA~ AID ~IVEN. 0 O
MOUND VOLUNTEER FIRE
MOUND, MINNBSOTA
FOR MONTH OF NOVEMRFR lqq% _
FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE
1 JEFF ANDERKF~ X × 2 19.OO 2~ 28 6.00 168.00
2 ~REG kNT~ERK~N X E I 9.50 1~ 26 6 OD 156.OO
3 JERRY BARB X X 2 lq.OO O 18 6_00 108.OO
4 PA~"L BARB X X 2 lq.OO 2 %1 6.00 186.OO
5 DAVID BQ'(%) Q × ] q. So 2 16 6.00 96.OO
6 DON BRYCE X × 2 19-OO O 17 6:50 110.50
7 SCOTt BRYCE X X 2 lg.OO O g 6.00 54.00
8 DAVID C~%RLSON (~ f'~ 0 -O- O 16 6.O0 q6.o0
9 JIM CASEY X X 2 1~.00 2k 14 6.00 ~ .0o
lO STEA~ COLLINS X X 2 19.OO lk 18 6.OO 108.OO
11 IL~'DY ~,x, Gm.HART X X 2 lq.OO 1~ 18 6.00 108.00
12 STE~]~ ERICKSON X X 2 19.O0 O 13 6,25 81.25
13 PHIL F~SK X ~ ~ 9.50 0 8 6.00 48.00
14 DAN GRADY X X 2 19.00 2~ 21 6.00 126.00
15 KEVIN GRADY X X 2 19.00 0 21 6.00 126.00
i6 OUSONDlSA U ) 0 -O- 0 2 6.00 12.00
17 PAUL HENRY (~ :'~ 1 9.50 3½ 12 6.00 72.00
18 BRAD LkWOS~t~.": X X 2 19.00 4 25 6.00 150.00
19 RO."; MARSCHKE X X 2 lc).o0 2½ 26 6.00 156.00
20 jO~'4 NAFU$ G (~ 0 -0- 0 16 6.00 96.00
21 jAMES ~]~LSON X X 2 19.00 2½ 16 6.00 96.00
22 blARV NELSON ~. ~ 2 19.00 2½ 20 6.00 120.00
23 BRET NICC~I X E 1 9.50 2 15 6. OO 90. OO
24 GRFI; PAL~ X X 2 19.00 4½ 18 6.00 108.00,,
25 MIKE PALM X X 2 19.00 2 19 6.00 114.00
26 TIM PALM X X 2 19.00 0 9 6.00 54.00,
27 GREG PEDERSON X X 2 19.00 2 20 6.00 120.00
28 CHRIS PO{~q3ER X X 2 19.00 2 15 6.00 90.00...
29 TONY RAS%IUSSEN 30 DAYS 6 OD 18.00
30 MIKE SAVAGE X X 2 19.00 5 25 6.00 150.00
31 KE%TIN SIPPRELL X X 2 19. O0 2 15 6. O0 90. O0
32 RON STALI~IguN X X 2 19.00 12 15 6.00 90.00
33 TOH S~.fENSON X ~ 1 9.50 2 17 6.00 102.00
34 ED VANECEK X X 2 19.OO 2 23 6.00 138.OO
35 RICK WILLIA>S X X 2 19.00 14 20 6.00 120.00. ,
36 TIM WILLIAMS X X 2 19.OO 2 14 6.OO 84.O0
37 D~N'NY WOY'IL'KE X X 2 19.O0 2 24 6.00 144.00
32 29 61
1I~ 80 72~ 152~ 1579.50 84k~ 643 14X~S _ 3 869. 75
152½ ~ 579.50
1DrAb ~,616.25
¥1U ,
DRILL REPORT
MOUND FIRE DEPARTMENT
Date
Discipline and Teamwork
Critique of fires
Pre-plan and Inspections
Tools and Apparatus Identify
Hand Extinguisher Operation
Wearing Protective Clothing
Films
First Aid and Rescue Operation
Use of Self-Contained Masks
Pumper Operations
Fire Streams & Friction Loss
House Burnings
Natural/Propane Gas Demos.
Ladder Evolutions
Salvage Operations
Radio Operations
House Evolutions
Nozzles & Hose Appliances
Hours Training Paid :
Excused
X Unexecused
0 Present / Not Paid
Miscellaneous :
PERSONNEL
~/2_J.Andersen
____GAnderson
J:Babb
P.Babb
D.Boyd
D. Bryce
S.Bryce
~ii Carls°n
Casey
Collins
Englehart
~;/;_S.Erickson
~ P.Fisk
D.Grady
K.Grady
C.Henderson
2~P.Henry
2Y~B.Landsman
~R.Marschke
J.Nafus
J.Nelson
2--r/~M.Nelson
X B.Niccum
~G.Palm
~---~M.Palm
O,
2~/~ T.Palm
~_G.Pederson
~Fz.C.Pounder
T.Rassmusen
M.Savage
K.Sipprell
R.Stallman
_~__T.Swenson
E.Vanecek
R.Williams
T.Williams
gZ~=D.Woytcke
DRILL REPORT
MOUND FIRE DEPARTMENT
Date
pline and Teamwork
Critique of fires
Pre-plan and Inspections
Tools and Apparatus Identify
Hand Extinguisher Operation
Wearing Protective Clothing
Films
First Aid and Rescue Operation
Use of Self-Contained Masks
X
~Pumper Operations
Fire Streams & Friction
House Burnings
Natural/Propane Gas Demos.
Ladder Evolutions
Salvage Operations
Radio Operations
House Evolutions
Nozzles & Hose Appliances
Loss
Hours Training Paid
~ Excused
X Unexecused 0 Present / Not Paid
._~oe 1 1 a.neous :
PERSONNEL
2~P.Fisk
J.An dersen ~--T/~D.Grady
G.Anderson ~---r/~K.Grady
J.Babb ~ C.Henderson
~.Babb ~ P.Henry
.Boyd ~B.Landsman
~t/2_D.Bryce ~R.Marschke
~;.Bryce * J.Nafus
.Carlson ~:Nelson
~y~J.Casey Nelson
.Englehart ~?~_G:Palm
.Erickson ~ M.Palm
~T.Palm
~_G.Pederson
C.Pounder
~ T.Rassmusen
~ ~M.Savage
~ K.Sipprell
~ R.Stallman
~ ~T.Swenson
~; ~E.Vanecek
t_~t~R'williams
T.Williams
'/~.Woytcke
DATE
MOUND FIRE DEPARTMENT
TOTAL MAINTENANCE FOR MONTH OF
MEN ON DUTY
/
c~..~ .~. J. ANDERSEN
/
/.Jr G. ANDERSON
~ J. BABB
~P, D. BOYD
[!7 D. BRYCE
Lz') S. BRYCE
~ D. CARLSON
~ J. CASEY
/~ s. co~s
/A ,, R. ENGELHART
~ s. ERICSSON
~9 _ P. FISK
D. GRADY
K. GRADY
~) C. HENDERSON
Z~ p. ~ENR¥
/7f B. LANDSMAN
~-O~l. R. MARSCHKE
TOTAL MONTHLY HOURS
~> j. NAFUS
'~~ J. NELSON
~-~'~ M. NELSON
c--~ B. NICCUM
'~//=~. G. PALM
~, M. PALbl
(j'~) T. PALbl
G. PEDERSON
~) .. T. RASMUSSEN
._~ M. SAVAGE
~ K. SIPPRELL
~. R. STALLMAN
z? T. SWENSON
~--. E. VANECEK
/~ R. WILLIAMS
~ T. WILLIAblS
~ D. WOYTCKE
CITY of MOUND
't/,C'L '.E V N~',JESOTA 5536.4'
6~2! 472
r~,X,612 472 0620
DATE:
TO:
FROM:
SUBJECT:
December 10, 1993
city Manager, Members of the City Council and Staff
Jon Sutherland, Building official
NOVEMBER 1993 MONTHLY REPORT
CONSTRUCTION ACTIVITY
There were 27 building permits issued in November for a
construction value of $750,275, this brings the year-to-date figure
to $3,847,441. Four of the 27 permits issued this month were for
new dwellings, which is the most permits issued in one month for
new construction this year. There were 27 plumbing, mechanical,
and miscellaneous permits issued for a total of 64 permits this
month and 602 year-to-date
PLANNING & ZONING
The Planning Commission reviewed four zoning cases in November,
including two variances, one minor subdivision, and one conditional
use permit. At their workshop meeting, the Planning Commission
received comments from the Minnesota society of Housing Inspectors
on the proposed Truth in Housing Ordinance and forms. The proposed
ordinance has been referred back to the subcommittee for further
review.
DJ
printed on recycled paper
City of Mound
BUILDING ACTIVITY REPORT
Month: NOVEHBER Year: 1993
I PERMIT~ I UNITS VALUATION I UNITS VALUATION
C'~TgN
SINGLE FAMILY DETACHED 4 4 400,929 16 !, 652,964
SINGLE FAMILY ATTACHED (CONEX)S)
'r~vo FANny / DUPLEX
MULTIPLE FAMILY ~ OR MORE UNITS)
TRA~S~T~rr HSO. (HOTELS / MOTELS)
S ~B'L'o'g.~ 4 4 400,929 16 1,652,964
I PER.MITS VALUATION I PERMITS VALUATION
COk{),t ERC LAL ~I~ETAIL/R ESTA URANT~
,,,OFFICE / PROFESSIONAL
I~DUSTRIAL
PUBLIC / SCHOOLS
, ,OTHER:
S LrB'z'O~AZ,
I PF.~4rts VALUATIOI~ I PrdU~ITS VALUATION
ADDITIONS TO PRINCIPAL BUILDING 5 ] 63,326 36 755,445
DETACHED ACCESSORY BUILD.OS ! 14,336 21 207 ~039
DECr. S ! 18,500 42 120,403
swa~o ~OOLS 3 20,889
~ISC£LLA~EOUS ~Ua~ODEL 15 78,184 180 775,740,
S~-B'I'O'TAL 22 274,346 282 1,879,516
NOM-~SID~q'Z'ZAL, I PE.q. MITS VALUATION I PE~U~,{ITS VALUATION
'~ZO~IS
eOMMERCL~. / R~-rAIL 11 51,745
osr~e£ t PROFGSSION,~.. , 1 75,000 I 75 t000
mDUST~UAL 5 130,766
~UBLI¢ ~ SCHOOLS ! 57,450
DETACHED ACCESSORY BUILDI]qO$
SU~'O'r~L , , , ! 75,000 !8 3!,6,~961~_
DI~NOI~Y~YON$ # PERMITS ~ UNITS VALUATION ~ PERMITS VALUATION
ILES ID EN'I'L&L DWT~LLI~G$
DETACHED ACCESSOry BUILDINGS 2
HON-~mE~ BUdDhas 2
~ D~O~ZTTON~ 7
CO~RSXONS/C~Og OP US~ I P~ I UN~S VALUATION I P~S VALUATION
~OM~:
~ CO~eSZON~
ii i
323
~ co~ ~]s MO~ YE~-T~DATE
*a~O 27 323
~C~ ~ ~O WA~ 2 39
S~NJ 0 20
~a~O ~ ~ ~ 06
~CH~ 7 72
o~o 2 9
~ ~ 602
BOARD MEMBERS
Dawd H Cocnran. Chair
Greenwood
Tom Penn. V~ce Chair
Tonka Bay
Douglas E. Babcock. Secretary
Spring Park
Scott Carlson. Treasurer
Minnetr~sta
M~ke Bloom
Minnetonka Beach
Albert (Bert, Foster
Deephaven
James N. Grathwol
Excelsior
JoEllen L. Hurt
Orono
Wilham A. Johnstone
Mmnetonka
Duane Markds
Wayzata
George C Owen
Victoria
Robed Rascop
Shorewood
Tom Reese
Mound
)bed E. Slocum
Woodland
DEC ? 1993
LAKE MINNETONKA CONSERVATION DISTRICT
900 EAST WAYZATA BOULEVARD. SUITE 160 · WAYZATA. MINNESOTA 55391 · TELEPHONE 612 473-7033
EUGENE R. STROMMEN, EXECUTIVE DIRECTOR
TO: MOUND CITY COUNCIL
DATE: DECEMBER 6, 1993
FROM: TOM REESE, LMCD REPRESENTATIVE
SUBJECT: NOVEMBER REPORT - LMCD
1.0 Eurasion Watermiifoil Task Force.
1. I With the fading of the enthusiasm for weed pulling, the
indeterminate results of the Sonar enclosure tests, the slow progress of the
research on the biological solution, it appears that harvesting, or no control
measures at all are the choices for the next few years. The DNR is
proceeding with plans for a trychlopyr test on Lake Minnetonka next year.
This is the successor to 2-4D. In addition next year they will be doing
whole lake tests of Sonar in Parkers Lake and Lake Zumbro. Even if these
whole basin tests are successful, I doubt if Sonar is an answer for a lake as
large and diverse as Minnetonka.
1.2 The LMCD is proceeding with plans for a harvesting program
for 1994. In an effort to reduce fragmentation, we may convert one
harvester to paddle wheels.
2.0 Lake Management Plan
2.1 It seems that a few of the cities, who get lots of press, want the
LMCD to scale back its plans to implement the Lake Management Plan. In
my view, if this were to be successful, it could have a seriously negative
effect on the future manner in which the lake would be managed. For
instance: (1) If we are not successful in getting the 700 reliable access
spaces, the DNR and other agencies probably would not support any efforts
on our part to extend funding sources, ie. a boat sticker, and (2) If we fail
to implement the Management Plan, the legislature when it looks at the
LMCD, will conclude that we cannot get the job done as presently
constituted, and will impose a new LMCD that will be even less responsive
to the cities.
3.0 General Items
3.1 We have located an Electrical Engineer who is willing to donate
his time in the spec'ing of lighting equipment and the drafting of a tech spec
for inclusion in city and LMCD ordinances on lake shore lighting. We hope
1 that sometbiog comes of this, as objectionable lights continue to proliferate.
nual Save the Lake dinner is scheduled for February 17th
/ /~,,' ~om~eese ' '--
/ Mound Representative - LMCD
cc. Gene Strommen
NOV 9
LAKE MINNETONKA CONSERVATION DISTRICT
Administrative Committee
Meeting Notice and Agenda
5:30 pm, Wednesday, December l, 1993
Tonka Bay City Hall
1. Evaluation of board workshop meeting recommendations:
a. Fee Study Subcommittee unresolved cost issues and
consideration of a memorandum to the ~D~.~e Dock
Owners Assn. identifying LMCD position on the issues:
l) Costs relating to processing code amendments;
2) Costs for Lake Use boat density studies, offered
by multiple dock representatives at ]5% of cost;
3) Cost allocation from litigation and failure of
compliance with Code/order/stipulation
requirements;
4) Cost allocation of LMCD overhead (admn. support
staff, rent, insurance, phones, supplies, equip.)
in addition to ex. dir. & admn. tech. staff time.
b. Fee Study Subcommittee additional unresolved topics :
l) Dock use area "envelope" concept -- role of the
Water Structures Committee in addressing;
2) Residential slip rental to non-resident boaters;
2. Watercraft Registration Fee Funding Alternative:
a. Redraft of considerations to incorporate into
prospective legislative package; (handout)
b. Additional considerations from the workshop report;
3. Committee priorities:
a. Lake Use Committee proposal to undertake lighting
controls presently on Water Structures Committee
program;
b. Other committee review items;
4. Communications: (further recommendations)
a. Quarterly report to cities, mayors, council members
b. Board member's quarterly personal reports to councils
5. Save the Lake Fund advisory committee proposal;
6. Additional business
7. Adjournment
NOV 2 9 t993
DRAFT
LAKE MINNETONKA CONSERVATION DISTRICT
Regular Meeting
7:30 PM., Wednesday, October 27, 1993
Tonka Bay City Hall
CALL TO ORDER The meeting was called to order by Chair Cochran
at 7:35 PM.
ROLL CALL
Members Present: David Cochran, Chair, Greenwood; Bert
Foster, Deephaven; Sames Grathwol, Excelsior: Wm. Johnstone,
Minnetonka; Mike Bloom, Minnetonka Beach; Scott Carlson, Treasur-
er, Minnetrista; Thomas Reese, Mound; Robert Rascop, Shorewood;
Tom Penn, Vice Chair, Tonka Bay; Duane Markus, Wayzata. Also
present: Charles LeFevere, Counsel; Rachel Thibault, Administra-
tive Technician; Eugene Strommen, Executive Director.
Members Absent: Douglas Babcock, Secretary, Spring Park;
George Owen, Victoria; Robert Slocum, Woodland. Orono, no ap-
pointed Board member.
OATH OF OFFICE - INSTALLATION OF OFFICERS
LeFevere administered the Oath of Office to the following
newly elected officers: William Johnstone, Chair, Tom Penn, Vice
Chair, and Robert Rascop, Treasurer.
Cochran turned the gavel over to Johnstone, and he was
seated as Chair.
CHAIR ANNOUNCEMENTS, Johnstone
Johnstone thanked the Board for its support. He thanked
Cochran, on behalf of himself and the Board, for Cochran's serv-
ice as Board Chair and services before assuming that position.
READING OF MINUTES
Penn moved, Markus seconded, to approve the minutes of the
9/22/93 Board meeting as submitted. Motion carried unanimously.
PUBLIC COMMENTS
There were no comments from persons in attendance on sub-
jects not on the agenda.
CONSENT AGENDA
Penn moved, Bloom seconded, to approve the consent agenda as
amended by removing Items 1D., 2Ca) and 2Cb), and the Financial
Reports. Items so approved are indicated by a "*" blotion car-
ried unanimously.
COMMITTEE REPORTS
1. Water Structures Committee, Reese for Chair Babcock
*A. Approval of minutes of the 10/9/93 meeting.
LMCD BOARD OF DIRECTORS October 27, 1993
B. Gideons Point Homeowners Association (HOA), Dock Length
Variance Application, Gideons Bay, Tonka Bay
Reese reported the committee recommended that the 9/22/93
site plan for dock length variance for Lots 1 - 5 of the Gideons
Point Homeowners Association (HOA) be approved with a 60' side
setback on the west side. The dock for Lots 1 and 2 is to be
limited to two 32' dock fingers with two 24' side ties for small-
er boats, Lots 1 and 2 to be limited to one canopy each, the
canopies to the same color, with shielded lighting on.the dock.
The east side of the Pearl Street property line is to be surveyed
before the docks are built. The dock on Lot 3 is to be as shown
on the site plan.
Thibault reported letters of objection were received from
Richard Upgren, 35 Birch Bluff Road, and John Davis, 55 Willow
Road.
Reese called for new comments from the public.
Justin Holl, 30 Pearl Street, said he wants a condition
placed on any approval that the westerly spit of land is not to
be riprapped, filled or use for dock or boat storage. He be-
lieves the dock on Lot 1 should be called a 310' dock. Holl said
he wanted it known that his removal of a small tree from the spit
of land was an accident.
Jerry Holl, 30 Pearl Street, agreed with the comments in the
Davis letter. She asked that the Board preserve the wetlands.
Jeff May, owner of Lot 2, said he feels the recommendation
is a fair and reasonable compromise to give access to the lake.
Gerald Holl, 15 Highland Road, said he feels there are
superior locations within the development for the placement of
the docks. He asked that the application be rejected.
G. Holl asked that any decision to approve the variance
include the following conditions:
a. The canopies are to be of a solid color similar to the
canopies on the other docks in the development.
b. There be a limitation to two canopies on the dock for
Lots 1 and 2.
c. The boats in the docks to be owned solely by the owners
of the two properties.
d. The lighting on the dock be shielded and controlled by a
switch so it is used only when the dock is being used.
e. No storage of dock sections on the spit of land.
MOTION: Reese moved, Penn seconded, to accept the recommendation
of the Water Structures Committee as stated.
AMENDMENT TO MOTION: Cochran moved, Grathwol seconded, to amend
the motion by adding the following conditions:
a. The light on the dock is to be shielded and have an on
and off switch, to be used for access only.
b. The spit of land is not to be used for storage of boats
or dock sections and is not to be rip rapped.
c. The HOA agrees to reduce its Boat Storage Units from 51
to 47.
MOTION: Markus moved, Bloom seconded, to table the variance
request because there is not full representation of the Board
present.
LMCD BOARD OF DIRECTORS October 27~ 1993
VOTE ON MOTION TO TABLE: Motion failed with 3 ayes (Bloom,
Markus and Rascop) and 7 nays.
DISCUSSION ON AMENDMENT: Reese said the Board shares the Holls'
concern about the wetlands. He said the MnDNR does not support
that these docks are a degradation of the wetlands. Reese said
if the Board had the present knowledge in 1985 when the original
license was approved, the action might have been different. He
believes the Board cannot hold the present owners hostage to
something that was done in 1985.
VOTE ON AMENDMENT: The motion carried, 7 ayes and 3 nays (Bloom,
Markus and Rascop).
AMENDMENT TO MOTION AS AMENDED: Carlson moved, Cochran second-
ed, to amend the motion to contain the 60' length variance on the
dock on Lot 1, the 40' variance on the dock on Lot 3 and the 28'
variances on the docks on Lots 4 and 5. The criteria for grant-
ing the variances should be addressed in the Findings and Order.
VOTE: Motion carried unanimously.
DISCUSSION ON MAIN MOTION AS AMENDED: Bloom said he is opposed
to the motion. It is his opinion that the Board is giving in to
the repeated requests of the applicant rather than complying with
the Code and variance requirements. He does not believe a suffi-
cient hardship has been shown. The HOA has 2550' of shoreline
and has had ample opportunity to place the docks in a different
location.
In reference to the MnDNR comments, Bloom said the question
as to whether or not there should even be docks across a marsh-
land was not addressed. Bloom cannot see any difference between
this variance application and the other denied by the Board.
Penn said he believes the amended motion to approve the
proposed site plan is reasonable and within the Code. He cannot
see any difference from other variances across wetlands approved
by the Board. He fully supports the amendment to be more specif-
ic in detail.
Bloom said this variance application is not much different
than proposals from the HOA considered and denied in the past few
months. He understands it is a compromise but questions who is
being compromised.
Cochran said he does not feel this is against the Code. The
Code allows an extension to 4' of water. The side setback is
more than the Code requires. The only problem is that there was
an impression that there was to be an 8' easement the full length
of the development. It is the fault of tile district as well as
the developer that it does not exist. This development is less
dense than conditions on nearby narrow lots in the area.
Rascop said he believes it is dangerous to approve things
based on whether or not it is reasonable. Variances should not
be granted when the hardship was created by the applicant.
Rascop does not believe there is enough hardship to justify
granting these variances.
LMCD BOARD OF DIRECTORS October 27, 1993
MOTION AS AMENDED RESTATED:
To direct the attorney to draft Findings and Order for
approval of the dock length variance application for Lots 1
through 5 of Gideon's Point Homeowners Association, in accordance
with the site plan received 10/18/93, with a 60' variance for the
dock on Lot 1, a 40' variance for tile dock on Lot 3, and 28'
variance for the docks on Lots 4 and 5. Additional conditions to
be as follows:
I. The dock for Lots 1 and 2 is limited to two 32' dock fingers
with two 24' side ties, per 10/18/93 site plan.
2. The dock for Lots I and 2 is limited to two canopies, one
for each property, and the canopies are to be a solid color
similar to other canopies in the area.
3. The lighting on the dock is to be shielded and controlled
with an on/off switch, to be used for access only.
4. The east property line of Pearl Street is to be surveyed
before the docks are built.
5. The spit of land on Lot I is not to be used for storage of
boats or dock sections, and is not to be rip rapped.
6. Gideon's Point Homeowners Association has agreed to reduce
its Boat Storage Units from 51 to 47.
VOTE ON MOTION AS AMENDED RESTATED: Motion carried, 7 ayes and 3
nays (Bloom, Markus and Rascop}.
ADDITIONAL COMMENT: Vern Haug, Mayor, City of Tonka Bay, said
there should be protection for the District, the HOA, and the
City of Tonka Bay by having these restrictions added to the HOA
agreement and covenants. LeFevere said these docks continue to
be subject to regulation by the Board. This plan can not be
locked in for future years by either the applicant or the Board.
Haug said he does not believe this should have to be considered
over again with a new dock plan.
Markus was excused.
*C. Robert & Barbara Floeder, 3027 Bluffs Lane, Mound,
Halsteds Bay; approval of Public Hearing Report and draft Find-
ings & Order approving 5' side setback variance with same terms
and conditions as included in variance order granted Stock's
8/25193.
D. Boulder Bridge Farms Homeowners Assoc., Shorewood, S
Upper Lake
The Board received a recommendation from the committee for
approval of a new Multiple Dock License for Boulder Bridge Farms
Homeowners Association (HOA) for reconfiguration of docks in the
lagoon with no increase in the number or size of the slips, with
the bridge to be replaced before the docks are rebuilt.
Thibault reported the applicant has asked for a minor change
in the site plan involving the movement of 'two slips. The appli-
cant has asked for permission to build the docks before the
bridge is put in.
LMCD BOARD OF DIRECTORS
October 27, 1993
MOTION: Rascop moved, Foster seconded, to approve a new Multiple
Dock License for Boulder Bridge Farms Homeowners Association for
reconfiguration of the docks in the lagoon according to the site
plan submitted 10/27/93. The docks may be built before the
bridge is constructed.
VOTE: Motion carried unanimously.
*E. Deicing Licenses:
l) Approve the following two deicing licenses with special
notice that on finding any violation, the Water Patrol will be
immediately contacted for issuance of a citation:
a) Minnetonka Boat Works, Browns Bay, Orono
b) North Shore Drive Marina, Maxwell Bay, Orono
2) Applications approved by Executive Director as submitted
(No action required).
F. Lakeshore Lighting
Reese recommended to the Water Structures Committee that it
hire a professional lighting consultant to develop a sample
ordinance and technical specifications for lighting on the Lake.
This ordinance could be adopted by the District and recommended
for adopt ion by the cities. Reese suggested the cost to be
funded by the Save the Lake Fund with a budget of no more than
$5,000.
Reese said he has contacted an electrical engineer who is
willing to donate his services in preparing a demonstration
project to show how lighting can be handlect without being obtru-
sive.
MOTION: Carlson moved, Penn seconded, to appoint a lighting
subcommittee, with Reese as Chair, and to authorize the
subcommittee to prepare a Request for Proposal with a budget of
no more than $5,000, funded by the Save the Lake Fund, to hire a
lighting consultant to draft a model ordinance and technical
specifications for lighting on the Lake.
VOTE: Motion carried unanimously.
*G. Fee Payment and Late Fee Schedule
The fee payment and late fee schedule in Resolution 86 for
multiple dock licenses, to be renewed for 1994 as established for
1993.
*H. Variance Application Deposit Refund
Refund of $143.52 to Louis Cosentino.
2. LAKE USE AND RECREATION COMMITTEE, Chair Foster *A. Approval of minutes of 10/18/93 meeting
B. Joint & Cooperative Agreement with ttennepin County for
Sheriff's Water Patrol Services in 1994
MOTION: Foster moved, Bloom seconded, to approve the Joint &
Cooperative Agreement with Hennepin County for the Sheriff's
Water Patrol services in 1994 as submitted.
VOTE: Motion carried unanimously.
LMCD BOARD OF DIRECTORS October 27, 1993
The cover letter to accompany the Agreement was discussed.
The executive director said Capt. Larry Peterson, Sheriff's Water
Patrol, raised a question about the enforcement of the 80 decibel
level established for Lake Minnetonka by the LMCD. A State Stat-
ute that does not allow a city to make laws more restrictive than
the state law was pointed out as Peterson's concern.
Foster said he wants the Water Patrol to set up the decibel
testing procedures so they can do the enforcement on site.
Foster said this is something to be worked out in committee.
*C. Special Events
1) Deposit refunds of $100 each to:
c) Minnetonka Crossing Windsurfing - event canceled
d) Viking Bassmaster Tournament, 10/3/93
Thibault reported the refunds to Cia) Mtka Redman Tournament
by Operation Bass and Clb) Don Shelby US Invitational are being
withheld for additional information as to how they handled noti-
fication to the participants about the exotics control.
D. An Ordinance Relating to Refunding License Fees
MOTION: Foster moved, Carlson seconded, to waive all readings
and adopt An Ordinance Relating to Refundability of LMCD License
Fees; Amending LMCD Code Sect. 1.06, Subd. 5 Fees.
VOTE: Motion carried unanimously.
E. Annual Shoreline Boat Count
The Board received the annual shoreline boat count. Foster
pointed out that the inventory shows the count is back up to what
it was before low water years. Foster also noted that the per-
sonal watercraft count is up. There are 8,883 boats stored on
the Lake Minnetonka shoreline.
F. Hennepin County Sheriff's Water Patrol Report
The monthly report from the Water Patrol was received and
ordered filed.
G. Boat and Water Safety Education Program
Foster reported the first boat and water safety education
program for BWI offenders has been set for Saturday, 11/13/93.
This is a program developed with the cooperation of Mothers
Against Drunk Drivers, the Minnetonka Power Squadron, MnDNR,
Sheriff's Water Patrol and the LMCD prosecutor.
Thibault said it involves the participants viewing an 80
minute U.S. Power Squadron Boating Course video with a work
book. The 11/13/93 seminar will be put on by the Water Patrol
and MnDNR in the morning. Then, in the afternoon the Power
Squadron will talk about the video and administer a test de-
veloped by the LMCD.
LAKE ACCESS COMMITTEE, Chair Grathwol
*A. Approval of Minutes, 10/18/93 meeting
LMCD BOARD OF DIRECTORS
October 27, 1993
B. Progress on the Report of the 1992 Task Force Study
Grathwol reported the minutes indicate the progress being
made in preparing a draft report for the Task Force. He said the
report will deal with the positive actions taken and will include
a list of issues that have no recommendations. He anticipates
the next meeting will be in January, 1994.
4. ENVIRONMENT
A. Environment Committee, Chair Rascop
*1) Approval of blinutes, 10/12/93 meeting
2) Rascop reported the result of the survey sent to
stakeholders. Response to the survey indicated Eurasian Water
Milfoil received the most interest as an environmental concern
affecting the Lake. The second issue was a desire to have more
public education regarding Lake environmental issues.
Rascop reviewed Environmental Consultant Dick Osgood's
initial work plan for Phase Two Activities. The outline is
contained in a memorandum dated 10/27/93, distributed to the
Board. This constitutes Osgood's immediate focus to start Phase
Two. Rascop introduced Osgood's proposal for partial sponsorship
to attend an international symposium of the North American Lake
~tanagement Society (NALMS). Osgood's total cost is $1,045. He
is asking for LblCD participation in the amount of $350. Rascop
said Osgood will provide the District with educational material
from the conference and prepare written reports to justify the
expense. Johnstone asked if other Lake organizations are assist-
ing in funding his conference attendance. The executive
director did not believe so. He said the ~tinnesota Lakes Associ-
ation is also sending representatives. He said the sponsoring
organization is well regarded.
MOTION: Penn moved, Reese seconded, to authorize the expenditure
of $350.00 from the Save the I, ake Fund to send Dick Osgood to the
NALNIS conference.
VOTE: Motion carried unanimously.
Johnstone said the idea of stressing environmental issues is
important. He expressed an interest in being aware of the costs
being incurred as the program moves along. He suggested Osgood
prepare a budget. Johnstone said he believes an element of
Osgood's job is to obtain funding for what he is proposing.
Rascop said this program is not to cost the District beyond its
consulting contract for which it was budgeted for 1993 and 1994.
LMCD will coordinate with other agencies that will be implement-
ing the various tasks referenced in the I.~ICI) Management
Plan. At the same time the District will support implementing
agencies if needed in their efforts to get grants and
funds.
Grathwol said there is a need [or public education as he
discovered in making his presentation in Excelsior.
Cochran suggested each year new counci lmeml~ers be mai led a
copy of the LMCD Enabling Act and executive summary of the blan-
agement Plan.
LMCD BOARD OF DIRECTORS October 27, 1993
Rascop said the Environment Committee ma3' want to consider
an optimum use of the lake. This could be something to discuss
at the November 20 LMCD workshop.
B. Eurasian Water Milfoil Task Force, Chair Penn
*1) Approval of Minutes, 10/15/93 Meeting
2) Pulling EWI~ vs. Harvesting
Penn said an investigation to modify an I, MCD harvester to
pull EWM could not be done without an expenditure of about
$10,000. The cost effectiveness for LMCD's operation is not
supported by a comparison of cost alternatives initially prepared
by Reese. The Task Force will continue to observe a private
proposal for an EWM pulling test.
3) Scientific Subcommittee Recommendation
Penn reported on the Scientific Subcommittee recommendation
for the Hennepin Conservation District to provide matching grant
funds for weed pulling and sediment treatment to control EWM as
detailed in the 10/15/93 EWM Task Force minutes.
The executive director said the Hennepin Conservation Dis-
trict Board has not as yet acted upon the grant request.
$. ADMINISTRATIVE COMMITTEE~ Chair Carlson
*A. Approval of minutes, 9/22/93 meeting
B. Report on 10/27/93 Meeting
Carlson reported the committee received a copy of the
report of the Third Quarter LMCD Mayor's meeting held on 9/24/93.
He said most of the comments were in support of the LMCD. There
was no consensus to restructure the Board. There was general
support for finding new funding sources especially for EWM con-
trol.
Carlson submitted an agenda proposed by the committee for
the 11/20/93 Board workshop. Items to be discussed are:
1) New funding sources
2) Committee chair priorities for 1994
3) Environmental Committee objectives
4) Communication and education strategies for 1994
FINANCIAL REPORTS
A. September Statement of Cash Transactions
The Statement of Changes in Financial Position dated 9/30/93
was received and ordered filed for audit.
B. Audit of Vouchers for Payment as Submitted
MOTION: Carlson moved, Cochran seconded, to approve payment
of bills in the amount of $24,551.87, checks 9453 through 9493
and payroll checks 1138 through 1151.
VOTE: Motion carried unanimously.
C. Quarterly Reports
MOTION: Carlson moved, Reese seconded, to approve the
financial summaries as submitted.
VOTE: Motion carried unanimously.
LMCD BOARD OF DIRECTORS
October 27, 1993
EXECUTIVE DIRECTOR REPORT, Strommen
A. Office Lease Renewal
The executive director reported the lease for office space
at the Norwest Bank Building is up for renewal November 1. The
lease has been reviewed by LeFevere. Items to be resolved in the
lease are the liability insurance, availability of the elevator
for handicapped access during non-business hours, and use of the
community room. The executive director also is expecting an
answer from the Bank on the reconsideration of the level of
increase of no more than 3%.
MOTION: Penn moved, Reese seconded, to authorize the LMCD Chair
and Treasurer to approve a new three year lease with the Norwest
Bank with an option for an additional three years.
VOTE: Motion carried unanimously.
B. Depository Agreement with Norwest Bank
MOTION: Cochran moved, Penn seconded, to authorize Board
officers Johnstone, Rascop, Babcock and Penn, and Executive
Director Strommen as signators for the LMCD checking and savings
accounts.
VOTE: Motion carried unanimously.
C. Treasurer's Bond
MOTION: Penn moved, Grathwol seconded, to change the treas-
urer's bond from Carlson to Rascop.
VOTE: Motion carried unanimously.
D. Meeting Schedule
The executive director submitted a revised meeting schedule
for November and December. The Board accepted it as submitted.
E. Employee Compensation - Jo Ann Tyk
The executive director reported Jo Ann Tyk, Executive Secre-
tary/Bookkeeper, has completed her six month probationary period
in a satisfactory manner.
MOTION: Penn moved, Rascop seconded, to approve a 60 cent
per hour increase in salary for Jo Ann Tyk effective 10/26/93.
VOTE: Motion carried unanimously.
F. Legal Matters
The executive director reported the courts have upheld the
Nagel variance granted by the Board.
LeFevere reported Joseph Zwak's attorney has filed an answer
and counter-claim against the District. }lc will keep the Board
informed as the case progresses.
NEW BUSINESS
There was no new business
LMCD BOARD OF DIRECTORS October 27~ 1993
ADJOURNMENT
There being no other business to bring before the Board, the
Chair declared the meeting adjourned at 9:20 PM.
William Johnstone, Chair
Douglas Babcock, Secretary
LAKE MINNETONKA CONSERVATION DISTRICT
BOAR/) OF DIRECTORS
AGENDA
7:30 PM - Regular Meeting
Wednesday, December 1, 1993
Tonka Bay city Hall, 4901 Manitou Rd
?=30 PM - REGULAR MEETING
CALL TO ORDER
KC'II NOV g
ROLL CALL
OATH OF OFFICE - INSTALLATION OF SECRETARY
CHAIR ANNOUNCEMENTS, Johnstone
READING OF MINUTES - 10/27/93 Board Meeting
PUBLIC COMMENTS - From persons in attendance on subjects not on agenda
(5 minute limit)
CONSENT AGENDA - Consent Agenda items identified by "*" will be
approved in one motion unless a Board member requests an individual
discussion of any item. In that case the item will be removed from
consent agenda and considered as a specific item.
[ITTEE REPORTS
WATER STRUCTURES, Chair Babcock
A. Approval of minutes, 11/20/93 meeting
B. Stead Variance, 21600 Fairview Street, Greenwood, Lower Lake
South; recommending approval of the Public Hearing Report with
Findings and the concept of the 10/20/93 site plan, with the
variance to be granted 1/1/95 provided no written request for
review with demonstration of hardship has been received
C. Revier Variance, 2691 Ethel Ave, Orono, Carmans Bay;
recommending approval of adjusted dock use area per 10/5/93
site plan with conditions per 11/20/93 committee minutes
D. Gideons Point HCA Dock Length Variance, Gideons Bay, Tonka Bay;
recommending approval of draft Findings & Order granting the
variance
E. Draft ordinance Relating to Storage of Watercraft amending
Section 1.02; Section 2.05; Section 2.045; and Section 2.03;
recommending first reading as amended by committee (revised
draft enclosed)
F. Additional Business
LAKE USE AND RECREATION, Chair Foster
* A. Approval of minutes, 11/22/93 meeting
llf?
LMCD Board of Directors Agenda, 12/1/93, Page 2
* B.
1994 Save the Lake Recognition Banquet date recommended for
Thursday, February 17, 1994
C. Hennepin County Sheriff's Water Patrol Report
De
· 2)
Additional business
1) Recommendation to move subcommittee on lakeshore lighting
from Water Structures committee to Lake Use & Recreation
committee
Recommendation to support Executive Director's position not
to vary from Code requirements re: multiple take off and
landings for airplane rides from lake
LAKE ACCESS COMMITTEE, chair Grathwol
* A. Approval of minutes, 11/22/93 meeting
B. Progress on the 1992 Task Force Study Report
e
ENVIRONMENT
A. Environment Committee, Chair Rascop
1) Evaluation of consultant's Phase Two progress
B. Eurasian Water Milfoil Task Force, Chair Penn
* 1) Approval of minutes, 11/19/93 meeting
2) Fluridone (Sonar) field test results
ADMINISTRATIVE COMMITTEE, Chair Carlson
* A. Approval of minutes, 10/27/93 meeting
B. Report on 12/1/93 meeting held prior to Board meeting
C. Board Workshop, 11/20/93 minutes enclosed
FINANCIAL REPORTS, Treasurer Carlson
A. October Statement of Cash Transactions (meeting handout)
B. Audit of Vouchers for Payment (meeting handout)
C. Status report on city levy payments for 1993
D. Legal Services, 1994 rate proposal per 11/11/93 letter
E. selection of Auditor Mark Babcock for 1993 audit
EXECUTIVE DIRECTOR REPORT, Strommen
NEW BUSINESS
A. Committee chair appointments; Chair Johnstone
* B.
Designation of the Sun/Sailor as the official Newspaper for
1994
* C. 1994 Annual Meeting Calendar
ADJOURNMENT
REC'O NOV 3 g
LAKE MINNETONKA CONSERVATION DISTRICT
DRAFT
Action Report:
Meeting:
Water Structures Committee
7:30 AM., Saturday, November 20, 1993
Norwest Bank Building, Wayzata, Room 135
Members Present: Douglas Babcock, Chair, Spring Park; Scott
Carlson, Minnetrista; James Grathwol, Excelsior; William John-
stone, Minnetonka; Robert Rascop, Shorewood; Thomas Reese, Mound;
Robert Slocum, Woodland. Bert Foster, Deephaven and Tom Penn,
Tonka Bay arrived as noted. Also Present: Rachel Thibault,
Administrative Technician, Eugene Strommen, Executive Director.
1. Maple Forest Addition, Minnetrista, West Upper Lake
The committee received the report of the 10/27/93 Public
Hearing and Findings for a new Multiple Dock License application
from Maple Forest Addition.
Babcock said the application is in conformance with the LMCD
ordinances. Questions were raised at the Hearing about the 96'
dock length and the size of the slips.
Carlson said Dean Johnson, the applicant, indicated the dock
was designed to be as large as possible within the dock use area
permitted by the LMCD Code. Carlson wasn't sure whether the City
of Minnetrista will approve it as presented. He said Johnson has
indicated a willingness to re-work the design and submit a new
dock plan. Carlson said he does not believe the Board should
take action until Minnetrista has seen the new plan. Charles
LeFevere, LMCD Counsel, stated at the Hearing that the LMCD has
criteria for determining an application's affect on the Lake.
Carlson said in this case the dock uses up too much of the Lake.
Rascop said the dock uses too much of the Lake area.
There was no one present to speak for the application.
MOTION: Babcock moved, Slocum seconded, to table the discussion
of the Maple Forest Addition application to the next committee
meeting.
VOTE: Motion carried unanimously.
Foster arrived during the following discussion.
2. Gale and Jeannie Stead, 21600 Fairview Street, Greenwood
The committee received the report of the 10/27/93 Public
Hearing and Findings regarding the variance application for an
adjusted dock use area, reduced side setbacks and additional dock
length received from the Steads.
Thibault reviewed the Public Hearing report. She noted the
Stead's proposed dock use area will not encroach on the neigh-
bors' dock use areas. There will be a zero setback on the north
side. The proposal meets the setback on the south side.
Stead presented an aerial photograph of the area. He said
their intent is to have a dock long enough to reach a water depth
of 4' from the 929.4' OHW. To obtain 4' of water the dock has to
go out 70' With the zero setback on the north that can be
achieved without infringing on the Susan Morris or David Walsh,
immediate neighbors, dock use areas.
WATER STRUCTUI~I'~S COMM I TTI~,F,
November 20, 1993
Susan Morris, 21580 Fairview Street, said she will have to
give up the 10' setback she believes she is entitled to. Foster
pointed out that the ordinance governing setbacks is based on a
straight shoreline, which is not the case here. Foster suggested
to Morris that, if she is not satisfied, she can go to mediation.
He does not want to go forward with an approval if she is not
satisfied.
Morris said she and Walsh should put in their docks first to
see how it works out. She is not comfortable with making a
decision based on something on paper. Babcock suggested laying
the dock locations out on the ice.
Rascop suggested conditionally approving a one year vari-
ance, with a review at no charge after I season, if necessary.
Foster said he is not comfortable with a one year sunset. Fos-
ter's suggestion would be to grant the variance, allowing Morris
one year to come back to the District for a review if there is a
problem. If the arrangement is satisfactory the District would
not have to look at it again.
Stead said he understands Morris is objecting to the zero
setback. He said Morris does not have an adequate setback on the
north side of her dock use area. She is not observing the 20'
canopy setback on the McCarthy side. In addition he said Morris
has a ramp with 2 watercraft on his side that is not in compli-
ance with the Code.
Grathwol said he is more concerned about tile Walsh dock. If
Stead's extend their dock and Walsh extends his clock they are
going to converge. Stead said Walsh is not opposed to the plan
as presented.
MOTION: Foster moved, Reese seconded, to recommencl to the Board
approval of the concept as presented at the Public Hearing and
that the variance be granted as of 1/1/95, providing the District
has not received a written request to review with a statement of
hardship. The dock to be placed as proposed for 1994.
DISCUSSION: George Dunn, 21580 Fairview Street, said Morris
wants the Steads to stay with the foot markers as shown on the
site plan to guarantee 56' between the ends of the two docks.
Foster said that is not a reasonable request. Babcock added that
Morris can place her dock at her option as long as she stays
within her dock use area.
VOTE: Motion carried unanimously.
3. Maple Forest Addition
Dean Johnson, owner, Maple Forest Addition, arrived.
MOTION: Babcock moved, Rascop seconded, to remove the Maple
Forest Addition btultiple Dock License application from the table.
VOTE: Motion carried unanimously.
Babcock asked Johnson if he is willing to work with the LMCD
staff to reduce the length of the dock and the size of the slips.
Johnson said he is willing to build something smaller than the
plan submitted. He said the3' hadn't planned to build the docks
that big.
WATER STRUCTURES COblMITTEE November 20, 1993
Rascop asked if there is a need for a Environmental Assess-
ment Worksheet (EAW) because of the size the dock. Strommen said
he will find out what is required for an EAW.
Foster said he would have a problem voting for anything
larger than a 24' slip. Carlson suggested a variety of sizes as
there are many boats larger than 24' Carlson said this is not a
tight area of the Lake. He suggested sizes varying from 32' down
to 24'
Strommen called attention to the dock length. Johnson said
they will work to get closer to shore as that will help in keep-
ing the docks out of the sight of the houses above it.
Carlson said Minnetrista licenses multiple docks and asked
for cooperation between the city arid the LMCD.
MOTION: Babcock moved, Reese seconded, to table the Maple Forest
Addition Multiple Dock License application to await a revised
plan.
VOTE: btotion carried unanimously.
4. Michael Revier, 2691 Ethel Avenue, Orono, Carmans Bay, dock
use area variance application.
The committee received 'a report from the West Suburban
Mediation Center, dated 11/10/93, on the outcome of mediation
between Revier and his neighbors.
According to the report a mediation took place on 10/16/93
between Mike Revier and David Runkle and two of West Suburban's
mediators. At the end of the session Revier and Runkle agreed to
meet for a second session which would include the other two
neighbors, Dick Kauffmann and Gordon Amundson. Kauffmann de-
clined mediation, saying he was willing to go along with the LMCD
proposal · October 20, 1993 Mr. Amundson agreed to attend the
next mediation. Subsequently on 11/9/93 Revier advised West
Suburban that he did riot wish to continue with the mediation and
Amundson was not willing to participate in the second mediation
either.
Runkle said there was agreement to a dock plan from which to
work at the first session. Amundson said he would participate
only if the dock use area could pass over the extended lot lines
of Runkle's property which he says he owns under the water.
Revier said the issue should be settled at the committee
level. Amundson and Kauffmann do not want to participate in
mediation, tie feels everyone has dug their heels in and will not
move. It is his opinion that all are willin~ to go with the LMCD
staff proposal and give a little except Runkle. Foster said he
would like them to proceed with the mediation service.
MOTION: Reese moved, Slocum seconded, to recommend to the Board
approval of the LMCD staff recommendation described as follows:
The extended north side site line of Revier's property is to be
adjusted 25 degrees to the north on the Runkle side and the
extended side site lines of Revier's and Amundson's properties to
be adjusted 25 degrees to the south on Amundson's and Kauffmann's
WATER STRUCTURES COMMITTEE November 20, 1993
side. Revier and Amundson are to share a common dock for storage
of no more than two boats, with a beam limit of 8.5' The dock
length is limited to 40' The 5' side setbacks must be main-
tained with no canopies allowed.
DISCUSSION: Rascop questioned at what point a lot is too small
to have a dock. Babcock responded that Revier and Runkle have
41' between them to create a combined dock use arca for one dock
with space for two boats. Carlson said at some point the Dis-
trict has to establish that a certain lot width does not support
a dock.
Runkle submitted a letter dated 11/18/93 to supplement his
letter of May 18, 1992 in which he recommended that there not be
a dock in this area.
Babcock said there does not appear to be agreement between
the four parties. A dock length has been established. There is
a need to establish the dock corridor. The mediator's proposal
affects Kauffmann more than the staff proposal. Babcock said he
would prefer a second mediation session. Reese said the motion
to approve the staff recommendation may induce the parties to go
back to mediation.
Runkle said he is paying for a survey involving all four
parties.
Carlson suggested sending them back to mediation, have them
submit two proposals and the committee will select one. Grath-
wol said unless Revier and Amundson are willing to find a Dock
Use Area he will have to vote to deny any variance. Slocum said
the parties involved can still return to mediation. Babcock said
he would like to see an agreement worked out with the neighbors.
He believes there is room for a workable plan to bring to the
table.
Strommen said there remains the question of Runkle's proper-
ty under the water. Grathwol said he does not believe the com-
mittee has to address the bottom of the Lake. That will have to
determined elsewhere. The District controls the surface water of
the Lake.
Penn arrived.
Runkle said he does not agree with the proposal as it
stands. He added that Revier had stated at an Orono meeting that
he did not plan to have a dock when he developed the property.
VOTE: Slocum, Carlson, Johnstone, Babcock, Reese and Grathwol
voted aye. Rascop and Foster voted nay. Penn abstained. Motion
carried.
5. Gideons Point Homeowners Assn., Tonka Bay, Gideons Bay
MOTION: Grathwol moved, Reese seconded, to recommend to the
Board approval of the Findings and Order granting the dock length
variance application of the Gideons Point Homeowners Association.
DISCUSSION: Babcock said he does not believe the Findings are
correct as the hardship was created by the applicant.
VOTE: Motion carried, Rascop and Babcock voting nay.
WATER STRUCTURES COMMITTEE November 20, 1993
6. Unrestricted Watercraft Storage at Multiple Docks
The committee received a 10/14/93 letter from Charles LeFe-
vere, LMCD Counsel, commenting on a Code amendment relating to
unrestricted watercraft, a draft ordinance amendment and a memo
from staff with recommendations for additional changes.
Foster asked for consideration at this meeting because the
Lake Minnetonka Sailing School (LMSS) is being delayed in prepar-
ing its publicity and brochure for the 1994 season.
The committee suggested several changes in the draft.
Foster asked that (1) of Subd. 11 be eliminated. He said the
actual location of the sailboats in relation to the water could
be a point of argument. Tom Maple, Minnetonka Yacht Club (and
LbtSS), said the 12' training boats at the Minnetonka Yacht Club
island are kept on a ramp built parallel to the shore seawall.
This enables the students to pull the boats out of the water
without having to lift them up to the land. At the Wayzata Yacht
Club the 8' prams are carried from land to the water. Babcock
suggested a better definition of a slide. A re-wording of (1) of
Subd. 11 was agreed on as: the watercraft ~r~e not stored in the
water o~f ~he Lake or on g mechanical lift.
Thibault called attention to the staff recommendation for an
addition to Section 2.05, Subd. 11, Item 2 clarifying the rental
of watercraft. Foster opposed the use of the word "daily" as it
would restrict some uses of the watercraft. He said he would
support the second staff recommendation regarding Sect. 2.03,
Subd. 8,b) "Storage Rules" Babcock suggested a re-wording of
the first staff recommendation as: ~ watercraft are found
the Board t~o be 9se~ for pgb!j~ Y~-} o_r_ ~d_~_a_t_jg~al purposes
and under the exclusive control .~ tJ~ _r~g_~[ 9~ educational
organization. That was agreeable to Foster. Maple added that
the LMSS does not intend to enter into rental agreements with
individuals.
Babcock added two additional changes, adding "solely" to
Subd. 55 a) Item c) and deleting "residential" from Sect. 2.05,
Subd. 10.
~OTION: Foster moved, Johnstone seconded, to recommend approval
of "An Ordinance Relating to Storage of Watercraft on Lake Minne-
tonka and Adjacent Properties" as drafted 1)7' LeFevere as amended
with Section 2.05, Subdivision 11 (1) to read "the watercraft are
not stored in the water of the Lake or on mechanical lifts";
Section 2.05, Subdivision 11 (2) to read "the watercraft are
found by the Board to be used for public rental or educational
purposes and are under the exclusive control of the rental or
educational organization"; Section 2.05. Subd. 10: the word
"residential" is to be removed; Section 2.03, Subd. 8 b) add the
following "except as provided for under Section 2.05, Subd. 10
and 11; Sect. 1.02, Subd. 55 a,c) add "solely" after "propelled"
DISCUSSION: Regarding Section 2.05, Subdivision 11, (3), Carlson
said previous Board discussion indicated that a density of one
boat per 25' of shoreline would be appropriate. Be can not sup-
port the 1:15' in the ordinance.
WATER STRUCTURES COMMITTEE
November 20, 1993
MOTION TO AMEND: Carlson moved, Rascop seconded, to amend the
density in Section 2.05, Subdivision 11, (3) to read " ..... for
each 25 feet of shoreline ..... "
DISCUSSION: Babcock and Foster spoke For the 1:15' density.
VOTE: Carlson, Johnstone, Reese, Penn, Rascop voted aye. Slo-
cum, Babcock, Grathwol and Foster voted nay. Motion carried.
VOTE ON MOTION AS AMENDED.Motion carried unanimously.
7. Lighting on the Lake
Reese reported he will have information from a lighting
engineer at a future meeting.
8. Adjournment
Chair Babcock declared the meeting adjourned at 9:20 AM.
FOR THE COMMITTEE:
Eugene Strommen, Executive Director
Douglas Babcock, Chair
NOV 2 9
DRAFT
LAKE MINNETONKA CONSERVATION DISTRICT
Action Report:
Lake Use and Recreation Committee
Meeting:
5:30 PM, Monday, November 22, lq93
Norwest Bank Building, Wayzata. I.MCD Office
Members Present: Bert Foster, Chair. Deephaven: James Orath-
wol, Excelsior (as noted); David Cochran, Greenwood; Robert
Rascop, Shorewood; Thomas Reese, Mound. Also present: Rachel
Thibault, Administrative Technician; Eugene Strommen, Executive
Director (as noted).
1. Prioritization of 1994 Committee Objectives
The committee received a list of five 1994 objectives for
the Lake Use and Recreation Committee.
Reese suggested that the Lighting subcommittee of the Water
Structures Committee be re-assigned to the Lake Use and Recrea-
tion Committee. The intent of the subcommittee was to prepare a
model ordinance establishing criteria for lights used on docks,
and to present the ordinance to the cities for adoption as it
relates to lighting on the shoreline. The purpose is to improve
the night-time experience on the Lake. In that sense the purpose
is more a Lake Use and Recreation experience than a Water Struc-
tures consideration.
MOTION: cochran moved, Reese seconded, to recommend to the Board
that the Lighting subcommittee of the Water Structures Committee
be transferred to the Lake Use and Recreation Committee.
VOTE: Motion carried, Rascop abstaining.
It was agreed this would be placed as the No. 2 priority for
1994, if approved.
Grathwol arrived.
2. Special Events - Deposit Refund
The committee recommended that the deposit refund of $100
for the Consolidated Race Schedule, Lower Lake, May-November, be
held in a special account to be applied to the 1994 Special Event
License for the Consolidated Race Schedule.
3. 1994 Save the Lake Recognition Banquet
The committee unanimously recommended to the Board that the
Save the Lake Recognition Banquet be held on Thursday, February
17, 1994.
4. Water Patrol Report
Thibault reported receipt of the following Water Patrol
Activity Report:
* A car in the Lake, 11/5/93
* No BWI's
* No drownings
* The buoys have been removed . There is a reduction
in activity because of the season of the year.
LAKE USE AND RECREATION COMMITTEE November 22, 1993
5. Discussion of Committee 1994 Objectives
A. Provide "responsible wake" education
Foster said the committee should develop a very nice four
color 8-1/2" x 11", two page, brochure describing boaters' re-
sponsibility for their wakes, the danger of wakes and pictures of
different wakes. There would be a description of common courte-
sy, and the law.
Reese would want to include information on the wakes created
by "towed toys" and their affect on the experiences of others
using the Lake. Towed toys and water skiers cannot operate in
the same bay at the same time. Reese said there will come the
time when certain areas of the Lake will have to be zoned for
specific uses.
Foster suggested hiring an advertising agency to put the
brochure together. Preliminary information could be gathered by
the staff from sources such as the Power Squadron, Coast Guard,
the power boat associations and manufacturers, National Lake
Association, Corps of Engineers and Inland Lakes Associations.
Strommen arrived.
Foster will contact James Wyer, Deephaven, to see if he
would volunteer his professional services in helping to prepare
the brochure.
B. Reassess Quiet Waters Areas
The executive director explained that, following the changes
during the high water period, several people have expressed the
opinion that the minimum wake restrictions were an improvement.
They asked if some of the areas could be changed to a minimum
wake beyond the high water period.
Using the map with the areas marked minimum wake during the
high water period, the committee discussed which areas could be
extended on a continuing basis. Wayzata Bay, tluntington's Point
and the City of Minnetonka Beach shore south of the Arcola Bridge
were suggested.
Grathwol suggested asking Denis Bailey, Hennepin County Lake
Improvements, to come to a meeting to discuss the locations.
Rascop said comments should be solicited from the Water Patrol
and Power Squadron.
C. Adequacy of the 150~ shorezone area
¢ochran said there should be consensus that the committee is
discussing 150' from shore, 150' from docks anti 150' from an-
chored boats. Rascop said the MnDNR uses 60 meters as a measur-
ing device.
Reese was excused.
LAKE USE AND RECREATION COMMITTEE
November 22, 1993
Foster used the Deephaven launch ramp as an example of an
area where there are complaints that the traffic is too close to
shore during the winter months. It appears that people ice
fishing plow out various roads at that location and do not abide
by the 150' rule.
Several suggestions were put forth as to how the area could
be marked. Foster said it might be possible to borrow some snow
fencing from the Minnetonka Yacht Club. Foster will contact the
Deephaven Mayor-elect to see if the City Public Works crew could
install the fencing. Cochran suggested hiring a private contrac-
tor who does that type of work for others on the Lake. That
suggestion led to a discussion of the LMCD liability if someone
were injured in doing the work for the District. Grathwol sug-
gested asking the Board for permission to borrow fencing and to
hire a private contractor, with insurance, to put it up at a cost
not to exceed $500, for a one year test.
Foster asked if the committee wanted to change the distance
from shore to 60 meters. It was noted that the (:ode and all
publications call for 150', Cochran suggested adding the 150'
distance to moving boats, citing areas of the Lake.
Rascop proposed eliminating a channel in open water. The
Upper Lake Channel south of Spray Island has a problem of boats
operating at speed in a narrow channel. Foster suggested asking
Denis Bailey if there is a reason why that is marked as a chan-
nel. All of these will be discussed at the January committee
meeting.
6. Special Event Definition
Foster said the District should amend the ordinance with new
special event definitions. There should be coordination with the
Water Patrol on what constitutes a Special Event.
Thibault submitted an updated memo commenting on Sect.
1.02, Subd. 53, the definition of special events in the Code.
After talking to Sgt. Chandler and Capt. Peterson of the Water
Patrol, a revised definition (from that suggested in an earlier
10/12/93 memo) was submitted, per the 11/17/93 memo. This was a
recommendation from the metropolitan area sheriffs. Sgt. Chan-
dler of the Water Patrol said there should not be a limitation on
the number of boats. Cochran said there should be a license with
or without a fee and with or without the number of people in-
volved.
Grathwol said it is the District's responsibility to develop
definitions which are clear and understandable so people know
what the rules are. He does not like to have thinos= left to
someone's discretion. Cochran said the wording of the paragraph
cited by Thibault accepts that everyone knows that everything
needs a Special Event License.
Foster questioned how the District can claim a 20 boat
fishing contest has an impact on the Lake. Rascop said that
follows MnDNR rules. The executive director mentioned informal
LAKE USE AND RECREATION COMMITTEE January 22, 1993
activities such as boat "poker" runs which can involve many
boats. Foster said he does not want to be micro-managing the
Lake. Rascop mentioned the possible liability in not being
definite in defining Special Events resulting in accidents at
unlicensed events.
Thibault said the staff would like better definitions of
parasailing and boat shows.
Foster said the committee should pursue, as an objective, to
come up with a definition not to micro-manage the Lake, yet have
a regulation when an event is of significance.
Other items mentioned were licensing fireworks which are set
off from land over the water and "For Hire' airplane rides.
MOTION: Rascop moved, Cochran seconded, to recommend to the
Board enforcement of the Code, not allowing the frequent taking
off and landing of airplanes, including those for hire, on week-
ends.
VOTE: Motion carried unanimously.
The above could be a consent agenda item.
Foster said the committee will have as an objective in 1994
of clarifying the definitions of what special events are to be
managed, to develop a list of events that are minor and do not
need managing.
7. Boating study
The executive director distributed the 11/4/93 report of the
Boating Study of Lake Minnetonka, 1994 Planning Review, for the
committee's information.
Adjournment
Chair Foster declared the meetin~ adjourned at 7 PM.
FOR THE COMMITTEE
Eugene Strommen, Executive Director
Bert Foster, Chair
NOV 2. 9 1993
LAKE MINNETONKA CONSERVATION DISTRICT
Eurasian Wa%er Milfoll Task Force
Minutes
8:30 am, Friday, November 19, 1993
Conference Rm. ]35, Norwest Bank Bldg., Wayzata
Present:
Chair Tom Penn, LMCD board, Tonka Bay; Dave
Cochran, LMCD Board, Greenwood; Tom Reese, LMCD
board, Mound; John Barren, Hennepin Parks; Chip
Welling, Mike Halverson, Rick Walsh, MN DNR;
Carolyn Dindorf, Hennepin Conservation District;
Ray Newman, U of M Fisheries; Marsha Videen,
E. Parkers Lake Improvement Assn.; Gene Strommen,
Executive Director
MINUTES REVIEW. 10/15/93 minutes were accepted as presented.
MN DNR PRELIMINARY REPORT ON THE EFFECTS OF SONAR (Registered
trademark) HERBICIDE ON EURASIAN WATERMILFOIL AND OTHER
SUBMERSED AQUATIC PLANTS IN FIELD ENCLOSURES, Chip Welling:
Welling presented a summary report based upon his 11/12/93
report submitted in advance to Task Force members.
The primary purpose of this study was to identify the lowest
rate of application of Sonar that reduces milfoil abundance.
The secondary purpose of the study was to determine whether
any plants other than milfoil can survive exposures to these
applications. The enclosure studies are a part of a research
program which will include applications of Sonar to whole
lakes in MN during 1994. (See report for field test details.)
The experiment was less informative than expected. A mid-
summer algal bloom in Parkers Lake disrupted the test. Algal
blooms and seagull defecation due to roosting on the
enclosures disrupted the St. Alban's Bay test. Sonar
application in Zumbra Lake enclosures reduced biomass of
plants other than EWM but not the biomass of milfoil.
Possible explanations for the lack of effect of the herbicide
on milfoil in the enclosures include the fact that Sonar was
applied late in the growing season, effects of enclosures, or
both. A discussion of the outcome of the enclosure tests, as
well as presentation of all results, will be included in a
future report.
Welling further commented that the design for the experiment
was valid. The late application (6/21/93 compared to a
planned early to mid-May application) may have influenced the
outcome. More time was required to prepare and install the
enclosures than anticipated. There are no plans for more
enclosure tests. The next step is whole lake testing.
EWM TASK FORCE MINUTES, 11/19/93, P. 2
In order to kill plants with Sonar, Welling reported that 60
to 90 days contact with Sonar is required. An early high
concentration followed by a low or no concentration would
allow plants to recover. The key to effective Sonar control
is to have long exposure duration at low concentrations.
Dick Osgood submitted an evaluation of the DNR Sonar
(fluridone) field test report dated 11/17/93. Osgood sees
this test as one step in a longer evaluation of fluridone use
in MN lakes.
Osgood sees the effective use of fluridone treatment for EWM
in Lake Minnetonka as poor in the next five years. Depending
on the final outcome of DNR and other f]uridone evaluations,
any use in Lake Minnetonka will be limited at best.
Osgood recommendations:
LMCD and cooperating agencies should:
1. Develop control strategies that do not rely on fluridone
as a significant tool in the long-term management of EWM
in Lake Minnetonka.
2. Continue to cooperatively evaluate fluridone for EWM
control.
The EWM Task Force Scientific Subcommittee should:
1. Keep abreast of the results of the DNR's fluridone
treatment evaluation program as well as the experience of
other states. It should advise the EWM Task Force, DNR
and other cooperators to facilitate the most timely and
effective use of fluridone for EWM control and (possible)
eradication in MN lakes.
2. Evaluate the effectiveness of fluridone for smaller
scale treatments for selective EWM control.
3. Keep abreast of all available control technologies
and periodically advise the EWM Task Force regarding
their use for Lake Minnetonka.
Penn expressed appreciation on behalf of the Task Force for
DNR's effort to evaluate Sonar through field enclosure tests.
He sees Osgood's assessment of the tests as appropriate to
the problem being faced in Lake Minnetonka.
An early communication to St. Alban's Bay residents jointly
by LMCD and DNR is needed, Penn added.
Welling agreed to work with LMCD staff in January to develop
a news release on the Sonar enclosure tests, identifying it
as a part of a larger program, including the experience of
other states. An announcement on the triclopyr (Garlon 3a
study in cooperation with the CoE, LMCD and DowElanco will
also be appropriate. Cooperation of lake shore owners urging
EWM TASK FORCE MINUTES, 11/19/93, P. 3
them not to engage in treatments near the triclopyr tests
will be essential.
HENNEPIN CONSERVATION DISTRICT ACTION ON LMLOA GRANT REQUEST.
Dindorf reported that the HCD board met in October to hear
Cob Burandt, a partner with John Evans in developing the
milfoil and aquatic plant pulling equipment, present his case
for the grant request sponsored by the LMLOA. The HCD board
approved an initial $5,000 grant to convert Evan's harvester
after which HCD will evaluate how wisely that money has been
spent. Burandt agreed to participate with LMCD in a pulling
evaluation. They will also provide an in-kind match or
discounted pulling service for milfoil control in Lake
Minnetonka. Administrative costs are not covered in the
grant funds.
Dindorf noted the staff and board supported the program on
the basis of the HCD interest in alternative milfoil control
techniques.
Reese asked the Task Force that he would welcome a challenge
to his financial evaluation of the pulling procedure. Reese
maintains it will not be economical for inclusion in LMCD's
mechanical removal program.
What will be done with the pulling equipment and procedure
will depend on whether the cost justifies its use. A
determination will remain as to whether the pulling procedure
will be limited to shore areas or whole lake milfoil removal.
LMCD equipment modification has not gone beyond the initial
October in-water test with the cutter head assemblies
removed. That limited test did not produce favorable pulling
results due to limits of the propeller propulsion system.
A decision has not been supported on investing some $10,000
to convert one harvester to a paddle wheel propulsion.
BIOLOGICAL CONTROL REPORT. Newman reported that weevils have
been found this fall in milfoil fragments washed up on the
shore of Lake Auburn. Some 300 weevils per square meter were
located. It is believed the weevils can winter in the shore
milfoil fragment accumulations.
Newman also reported significant weevil infestation has been
located in Devils Lake, WI. Otter Lake is also being
observed for weevil impact. The Vermont DNR has introduced
weevils into lakes to begin their weevil impact study.
SITUATION ANALYSIS OUTLINE. Strommen called attention to a
meeting now set for 8:30 am, Tuesday, December 7, in the LMCD
conference room 160 where agency representatives will review
consultant Osgood's recommendations for the Task Force
EWM Task Force Minutes, 11/19/93, P. 4
regarding Lake Minnetonka's milfoil condition. The analysis
is in response to the survey conducted among agency, lake
shore owners and other interested stakeholders in September.
LAKE ASSOCIATIONS. Marsha Videen reported that their
association is discussing the advisability of putting limits
on the Parkers Lake public access once the Sonar whole lake
test is done in 1994. She also reported that a Basset Creek
diagnostic study on the lake has been presented. The study
addresses storm water run-off control, water diversion, use
of skimmers, alum treatment in ponding areas and other means
to help protect the lake's environment.
ADJOURNMENT. There being no further business, the meeting
was adjourned at 10:05 am.
There will be no EWM Task Force meeting in December.
next meeting will be 8:30 am, Friday, January 21.
The
Respectfully submitted,
Euge/5/_R. Strommen
ExecUtive Director
LAKE MINNETONKA CONSERVATION DISTRICT
Administrative Committee
Meeting Report
5:30 pm, Wednesday, October 27, 1993
Tonka Bay City Hall
Present:
Committee Chair Scott Carlson, Minnetrista; Dave
Cochran, Greenwood; Bert Foster, Deephaven; Jim
Grathwol, Excelsior;-Bob Rascop, Shorewood; Gene
Strommen, Executive Director; Rachel Thibault,
Administrative Technician.
MEETING REPORT. The committee accepted the 9/22/93 meeting
report, forwarding it to the board for approval.
MAYORS THIRD QUARTER MEETING REVIEW. Staff circulated a
summary report of mayor and board member com~nents made at the
9/24 meeting.
The suggestion made at the meeting by Mound Mayor Skip
Johnson to invite cities to take a "yes" or "no" vote on the
continuation of LMCD was discussed. It was noted that Mound,
Excelsior and Minnetonka Beach addressed the question, some
raising points of concern but none voting to dissolve the
LMCD. A City of Orono resolution to dissolve the LMCD was
passed 10/25, the only such resolution. The Orono mayor has
stated this position at the mayors meetings.
The committee concluded that:
1. Board members should continue to meet with their city
officials seeking their feedback about LMCD prior to Nov.
20. board workshop.
2. The Third Quarter Mayors Meeting Report should be
circulated. A cover letter from the LMCD chair, along
with background on the LMCD enabling act, the Management
Plan Executive Summary and Orono city council resolution
is to be included.
BOARD WORKSHOP NOV. 20. A draft agenda of suggested topics
was reviewed. Fewer topics were recommended for the 9:00 am
to 12:00 noon meeting. The topics and priority order are:
Funding Alternatives:
a. Watercraft registration fee. Analyze revenue
potential from watercraft in the metro region from MN
DNR registration data as presented in September.
Also examine revenue potential from a possible state
wide registration fee.
b. Review plan with agencies (i.e. cities, DNR,
Park District, legislators) inviting support for
funding.
Administrative Committee, Meeting Report,, 10/27/93, P. 2
2. Standing Committee Priorities: Each committee chair,
working with staff, introduce their two or three highest
priority items for 1994, inviting board response to
prioritize the items:
a. Eurasian Water Milfoil Task Force
b. Lake Use and Recreation
c. Lake Access
d. Water Structures
3. Environment objectives and consultant's work plan in
carrying them out;
4. Communication and public education strategies:
a. Examine existing and proposed communications with: * city councils
* Cooperating Agencies
* Lake organizations and public
SAVE THE LAKE FUND ADVISORY COMMITTEE. Johnstone and
Strommen explained how the LMLOA president Miles Canning
asked how their organization might participate through the
Save the Lake Fund in raising money and funding research and
education projects to benefit Lake Minnetonka. Canning
believes the LMLOA should take an active role in funding such
projects. LMLOA is not a 501-C3 tax exempt organization due
to its lobbying activities. LMLOA does not want to give up
its lobbying ability. Alternatives it has looked into for
establishing a tax-exempt fund include the MN Foundation.
This organization provides fund raising services and manages
the investments for a moderate fee according to Canning.
Canning prefers a partnership with the Save the Lake Fund.
An advisory group would participate in planning and carrying
out the fund raising as well as reconmmend projects for fund
support.
LMLOA presently is seeking funds for an experimental weed
pulling operation. The Hennepin Conservation District has
funds remaining from a prior county grant which may be used
for this purpose.
Johnstone sees an advisory committee as an opportunity to
bring ideas for research and education projects to benefit
the lake. In turn the committee would serve to broaden the
fund raising base, perhaps taking an active role in raising
more funds than the present average $25,000 annual revenue.
The LMCD board would retain its role on allocating fund
distribution, taking into account committee recommendations.
Co~mmittee concensus favored programs benefiting the lake and
its public use as the underlying basis for project funding.
~the c~.~tt~_~. Eug~r~ R. Stromm
NOV 2 9 1993
LAKE MINNETONKA CONSERVATION DISTRICT
Board of Directors Workshop Report
9:20 am, Saturday, November 20, 1993
Conference Rm. 135, Norwest Bank Bldg., Wayzata
Present:
Chair Bill Johnstone, Minnetonka; Doug Babcock,
Spring Park; Mike Bloom, Minnetonka Beach; Scott
Carlson, Minnetrista; Bert Foster, Deephaven; Jim
Grathwol, Excelsior; Tom Penn, Tonka Bay; Tom
Reese, Mound; Bob Rascop, Shorewood; Bob Slocum,
Woodland; Herb Suerth, 1994 board appointee,
Woodland; Administrative Technician Rachel
Thibault; Executive Director Gene Strommen.
INTRODUCTION. Chair Johnstone reviewed the meeting agenda.
He invited a change in presentations to open with the Fee
Study Subcommittee. Board members concurred with the change.
FEE STUDY SUBCOMMITTEE. An 11/12/93 Summation of the Fee
Study Subcommittee meetings from January to August 1993 was
mailed to board members.
The 11/23/92 Purpose and Identification of Multiple Dock
Related Activities outline was addressed first by the
subcommittee. Agreements or recommendations by subcommittee
members on the eight points in the 11/23/92 outline relate to
costs applicable to multiple docks. These are summarized
from the 11/12/93 Subcommittee report as follows:
1. Items 1 through 4 of Multiple Dock Related Activities
outline of 11/23/92 were accepted.
2. Cost data for staff time (executive director,
administrative technician) are to be gathered for a full
year through December, 1993.
3. Costs relating to processing Code amendments (item 5)
were proposed to be based on a three-year cost average.
There was no consensus on code amendment costs, many of
which are prompted by the existence of multiple docks.
Ten code changes relating to multiple docks during 1992-
93 were reported by staff.
4. Costs for conducting studies and reviews prompted by
installation and operation of multiple docks directly
impacting the lake (item 6) are applicable, including
possible technical consulting service.
5. Fifteen percent of costs for Lake Use boat density
studies (item 7) was offered by multiple dock
representatives as an expense they would support.
BOARD WORKSHOP REPORT, 11/20/93, P. 2
®
Agreement on cost allocation is pending on litigation
expenses resulting from failure of multiple dock
licensees to comply with LMCD requirements (item 8).
Multiple dock representatives suqgested such costs be
covered by a bond or deposit. LMCD legal counsel and
staff concluded it would be difficult to collect b_y this
means or to enforce compliance. Monitoring 1993 cost
experience for non-compliance was recommended by staff to
determine if a bond or deposit system is warranted.
Additional topics discussed were:
1. Dock Use Area (DUA) "envelope" concept introduced to
possibly reduce staff inspection time. It would also
change the manner in which dock fees are allocated.
Multiple dock licensees would have certain allowances to
make dock configuration and slip changes within the
envelope. Other limitations might apply to grandfathered
licensed facilities. This concept was recommended for
Water Structures Committee review.
Residential slip rental which competes with commercial
marina rentals was identified as a business problem.
LMCD background on boat allowances at residential
properties was reviewed. City involvement in prohibiting
slip rental to persons not residing at the residence was
discussed as a part of the solution. No conclusion was
reached.
Subcommittee Chair Carlson addressed allocating LMCD overhead
costs which are over and above staff time in administering
multiple dock licenses. These costs will be identified as
part of the basis for the fees.
Carlson also felt uncomfortable establishing a multiple dock
license fee based on one year's staff time experience, namely
1993. Staff time commitments have been higher in some prior
years as license irregularities and violations were greater.
The forecast at this time could result in a further fee
reduction, depending upon the 1993 staff time summary,
overhead costs and resolution of other costs cited in the
above summary. With approximately 7,700 watercraft storage
units (WSU's) upon which multiple dock license fees are
currently based, each dollar reduction in WSU fees results in
$7,700 income reduction.
WATERCRAFT REGISTRATION FEE FUNDING ALTERNATIVE. Johnstone
circulated a draft concept identifying background and
conditions under which a fee might be introduced for state
legislative consideration.
BOARD WORKSHOP REPORT, 11/20/93, P. 3
Rather than a flat fee for all sizes of watercraft, it was
suggested the fee be based on. 50% (or some percent) of the
DNR watercraft registration fee charged every three years.
That would provide a range of $1.50 for watercraft owned by
non-profit organizations for educational purposes, to $20 for
a pleasure watercraft 40' and over. A watercraft for hire
with an operator would be the highest at $25.
Specific uses should be identified for which funds are to be
raised. Funds should not be used for long-term research
programs and "general" funding needs.
The choice of a seven county metro fee or state-wide fee is
open for consideration. The MN Lakes Association will be
contacted for their possible interest in a state-wide fee.
A method of allocating funds should be determined before
making any presentation to the legislature.
Recreational lakes for which fee allocation would be provided
should be limited to those with public accesses.
Enlisting sports fishing groups and other power and
recreation boating organizations to support such a fee would
be necessary for its legislative passage.
A launch ramp or parking fee was suggested. Getting
authorization for such a fee and collection methods were
cited as problematic factors in this type of watercraft user
fee.
Lake accident history and law enforcement experience should
be considered in the fee allocation system.
The benefits to be derived from programs supported by such a
fee should be demonstrated to the largest possible audience-
metro or state-to help in its ultimate adoption.
It was recognized that the 700 car/trailer parking goal must
be showing favorable progress by the time legislation for the
watercraft surcharge is introduced.
NEXT STEPS TO MOVE TOWARD A WATERCRAFT REGISTRATION FEE:
1. Get lake surface information on metro county lakes with
public accesses.
2. Bring cities in early on the proposal.
3. Chair and executive director to revise the draft
concept per this discussion for presentation to the
12/1/93 Administrative Committee.
BOARD WORKSHOP REPORT, 11/20/93, P. 4
STANDING COMMITTEE PRIORITIES.
EURASIAN WATER MILFOIL TASK FORCE, Tom Penn
Better milfoil control methods are still very limited.
Sonar (fluridone) is not expected to be used for whole-
lake application format least five years if not longer.
Garlon 3A (triclopyr), a possible replacement herbicide
for 2.4d, would be limited to near-shore use. Biological
methods (weevil) are about ten years away as a control
prospect. Mechanical harvesting is still the prospect
for Lake Minnetonka.
A Milfoil situation Analysis prepared by consultant Dick
Osgood will be reviewed by agency specialists December 7.
It reviews the Management Plan objectives and policies.
A portion of the situation Analysis, the "Situation
Matrix", was distributed. The matrix identifies lake
areas impacted by exotics and the factors influenced by
milfoil, namely Aesthetics, Recreation, Economics and
Ecology. Penn sees this as valuable in setting the EWM
Task Force priorities for 1994.
Fragment control during harvesting and shore clean-up
will continue to receive attention for improvement.
Milfoil spread control from public accesses by keeping
them clean will be emphasized.
New milfoil control methods will be monitored so those
with potential for application to Lake Minnetonka can be
applied.
6. Harvesting efficiency will continue to be a priority.
7. Communications to cities and the public will be expanded.
The question was raised as to what the board's position would
be if a city did not make its voluntary contribution to the
EWM harvesting program. Penn said the over-all program would
have to be reduced. How individual cities would be impacted
has not been determined.
LAKE USE AND RECREATION, Bert Foster
Objectives for 1994 were presented in a prepared outline:
a. Review boat wake controls:
* Assess quiet waters areas based on high water
emergency minimum wake restriction experience.
* Discuss adequacy of the 150' shorezone area.
* Develop a "responsible wake" education brochure.
b. Review the special event definition
BOARD WORKSHOP REPORT, 11/20/93, P. 5
c. Monitor enforcement of new decibel ordinance.
d. Conduct boat density study for 1994, examine results.
e. Meet with lake area law enforcement agencies by
3/15/94.
Board members enthusiastically supported the effort on wake
control through education and other means.
LAKE ACCESS, Jim Grathwol
A refined report has been distributed for review at the
11/22/93 meeting.
The committee's objectives for 1994 are to:
1. Continue effort to secure agreements with cities/agencies
Monitor access development at Grays Bay Causeway and the
Hennepin Regional Park
3. Continue to explore prospects for potential new accesses
4. Recommend improvements at existing accesses.
WATER STRUCTURES, Doug Babcock
Babcock cited two main issues he believes deserve attention:
1. Non-compliance with the 100' maximum dock length at
residences.
2. Non-conforming multiple docks
Possible topics for discussion in 1994 were as follows:
1. Review how LMCD is dealing with non-conforming multiple
dock licenses. Code presently does not allow them to
change configuration beyond 100' or to increase slip
sizes.
2. Is the envelope concept feasible?
3. Is the 1:10 boat density rule still desirable?
4. Should dock length limit to 100' be reconsidered?
5. Should mix of boat sizes be addressed?
Reese requested that lighting from docks and shore beaming
out over the lake be included as a committee objective. He
added that his lighting engineer is preparing specifications
to deal with the lighting issue.
ENVIRONMENT, Bob Rascop
Rascop asked board members for their response as to how they
believe LMCD should be managing the lake.
The issue of contact recreation was discussed, identifying it
as activities in or on the water.
BOARD WORKSHOP REPORT, 11/20/93, P. 6
It was pointed out that facilitating the environmental lake
needs requires technical expertise which is what brought LMCD
to engage consultant Dick Osgood.
Issues discussed were as follows:
1. The LMCD should retain the focus on environmental needs
of the lake.
2. Can the environmental needs of the lake be met by
holding an annual summit of technical organizations?
3. It was agreed LMCD should not spend money on research
or data collection.
Board members asked that the consultant identify how the
Management Plan objectives can be re-stated. Recommendations
on data collection and other implementation steps should then
follow those objective positions. The executive director
will discuss these concerns with consultant Osgood.
COMMUNICATIONS, all board members:
Public contact through the spring boat show was proposed.
It was suggested that the hours involved would be beyond
the scope of staff or the board.
A quarterly written report to the cities for mayors and
council members was proposed. It could include:
a. Message from the board chair
b. Summary of actions taken by the board
c. Personalized cover letter from each board member
Chair Johnstone stated he expects to make a presentation
to each of the city councils during the year.
Johnstone noted he expects each director will appear at
least quarterly at their council meetings.
Se
A meeting by Johnstone and the executive director with
the Hennepin County Sheriff and an inspector was held to
encourage open communications with the sheriff and staff.
Forums dealing with issues such as water recreation,
environment and others, were suggested on a periodic
basis.
ADJOURNMENT. There being no further business, the workshop
was adjourned at 12:15 pm.
Respectfully submitted,
Eugene R. Strommen
Executive Director
NOV 2 9 1998
LAKE MINNETONKA CONSERVATION DISTRICT
Lake Access Committee
Meeting Report
7:00 pm, Honday, November 22, 1993
LMCD Conference Rm 160, Norwest Bank Bldg.
Present: Chair Jim Grathwol, Excelsior; Scott Carlson,
Minnetrista; Dave Cochran, Greenwood; Bert Foster,
Deephaven; Bill Johnstone, Minnetonka; Bob Rascop,
Shorewood; Mike Markell, Larry Killien and Gordon
Kimball, DNR Trails & Waterways; Executive Director
Gene Stron~nen;
INTRODUCTION. Grathwol identified the three report sections
and appendices representing the full Lake Access Task Force
report draft as mailed for advance review. The Executive
Summary, Task Force Priority Assignments and Detailed
(chronological) outline of 11/8/93 were so presented. The
purpose at this time is to review the report and appendices
for adoption by the Lake Access Task Force.
EXECUTIVE SUMMARY CRITIQUE:
1. The on-going tasks at the Executive Summary end should be
moved up to the second paragraph.
2. Funding -- a statement as to what is to be done if the
700 c/t parking goal is not met and there are no dollars
to proceed with acquiring more access space.
a. The funding statement is not an excuse to justify not
completing the 700 c/t goal.
b. DNR understands that the cities or county will be
responsible for their annual access maintenance
expenses.
c. DNR notes that justification can be developed for new
access site acquisitions, but maintenance funds come
from operations accounts which are limited.
d. Traditionally, DNR has no advance capital funds for
potential high-dollar value new access sites.
3. Additional editorial changes for the Executive Summary
were noted by the executive director.
4. A statement is also needed to identify how many c/t
parking spaces are already in use, and how formalizing
the spaces through agreements will provide for more
satisfactory and reliable public c/t parking.
5. The Executive Sun, nary should not exceed one page length.
tl .23
LAKE ACCESS COMMITTEE MEETING REPORT, ll/19/93, P. 2
TASK FORCE PRIORITY ASSIGNMENTS SECTION CRITIQUE:
1. The title of this section was recommended to be changed.
Board members found the over-all content of this section
well stated.
The Parking Inventory, Appendix 1, was reviewed. The 735
total for existing and potential c/t spaces was believed
publicly misleading. Also, the totals of the four
columns to the right of the 735 column were noted to add
up incorrectly to 767 spaces. The 2nd column, "Currently
Available in Lots" is to be reduced by 32 c/t spaces, the
amount for Kings Point subject to removal by agreement.
It was further recommended that the remaining three
columns be re-addressed for their current potential to
produce c/t parking spaces. It is expected that these
totals will be reduced as a result. Grathwol, Kimball
and Strommen will meet within a week to evaluate these
counts for any appropriate adjustments.
It was further commented that achieving the 700 c/t
parking spaces would be an evolutionary process. LMCD
will carry on this effort with the DNR and other entities
Gray's Bay Causeway was noted to be under review by the
Minnetonka City Council. Initially the city is trying to
determine how it can provide permit parking for city
residents. Inclusion of free public access parking would
have to be addressed by DNR and LMCD as part of the lake
access c/t parking goal.
Leasing space in marinas is breaking new ground according
to DNR officials.
DETAILED OUTLINE OF 1-1/8/93.
This outline will be reviewed for developing into a
chronology of subcommittee and Task Force proceedings and
actions. Committee chair Grathwol and the executive
director will continue this review.
LAKE ACCESS TASK FORCE READINESS.
It was concluded that it will be mid-January to February
before a final draft report will be ready for the Lake Access
Task Force.
There being no further business, the meeting was adjourned t
9:05 pm.
.~~ec t fu 1 ly)~bmitted ,
Executive Director
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMI ION
November 22, 1993
Those present were: Chair Bill Meyer, Commissioners Bill Voss,
Jerry Clapsaddle, Mark Hanus, and Brian Johnson, City Council
Representative Liz Jensen, Building official Jon Sutherland and
Secretary Peggy James. Commissioners Geoff Michael, Michael
Mueller, and Frank Weiland were absent and excused.
The following people were also in attendance: James Baer, John
Seorum, Mike Moser, Pat McDonough, Harry Hoese, and Barry Eliason.
MINUTES
The Planning Commission Minutes of November 8, 1993 were presented
for approval.
MOTION made by Voss, seconded by Hanus, to approve the
Planning Commission Minutes of November 8, 1993 as
written. Motion carried unanimously.
TR~T~ IN HOUSING - COMMENTS FROM THE MINNESOTA SOCIETY OF HOUSING
INSPECTORS (MSHI} BO]~RD MEMBERS.
Building official, Jon Sutherland, introduced those MSHI members
present and commented that the purpose of this meeting is to hear
their comments, gather information, and possibly send this back to
the subcommittee to redevelop the forms. He noted three members of
the MSHI intend to address the commission with their comments on
our proposed ordinance, however, it is the general consensus and
recommendation of the MSHI members that Mound adopt the program,
forms and guidelines currently used by the City of St. Paul.
President of MSHI, Barry Eliason, started their presentation by
reviewing suggested changes to our proposed forms and ordinance,
see the attached Exhibit A. Basically, their suggested changes
will shorten the form and clean-up minor items.
There was specific discussion relating to the zoning portion of our
forms and how this information can best be made available to the
buyer. Comments and suggestions are as follows:
1. Print directly on the form ,,Check with City to get zoning
information", or state, "Form A is not valid until Form B is
attached."
Planning Commission Minutes November 22, 1993
2. When evaluator gets a request for an inspection, they can call
city hall immediately to initiate processing of the zoning
form. The city can have the zoning portion ready for the
evaluators in a couple of days to either pick-up or it can be
mailed to the owner and evaluator. If this system were
implemented, some type of answering service is suggested for
calls made by evaluators after hours.
3. The evaluator could send the form to the City for them to
complete and then the city could send it to the owner and
evaluator.
4. The evaluator could mail city their copy and city could do
zoning report, hopefully the same day, then mail it directly
to the house and city will have only delayed evaluators by one
or two days.
5. Evaluators do not want to be responsible for completion of
zoning portion of the form. Misinformation can be eliminated
by having the city do the zoning portion.
6. Any shading on the form is not a good idea as it does not
always copy well.
7. Could require that the realtor be responsible for both
portions of the form being available instead of placing the
burden on the evaluator.
8. Either reduce the form so one party can fill out entire
report, or maybe one document needs to be routed through both
parties before it reaches its destination as originally
proposed.
It was determined that the subcommittee should work on this issue.
It was specifically noted that if the evaluators are to count the
number of accessory buildings on a property, they need to know the
definition for an accessory building.
Harry Hoese, Chairman of the Board, submitted copies of a revised
form which he created by combining our form and the Minneapolis
form, see Exhibit B. He stated that the same could be done with
the St. Paul form.
Planning Commission Minutes
November 22, 1993
Mike Moser, Director of MSHI, spoke in favor the St. Paul forms and
their entire program. He suggested that the city of Mound adopt
St. Paul's form format and guidelines using same numbering system
on form. He stressed how doing this could benefit the City of
Mound:
1. If Mound creates their own form there could be legal
repercussions whereas St. Paul has already worked out the
bugs.
2. James J. Yannarelly, from the City of St. Paul, will condone
plagiarism of their forms and guidelines and he would be
willing to assist Mound in doing so. The city of St. Paul
will also keep the forms and guidelines current relating to
codes change.
3. Why not plagiarize twenty years of experience?
4. If evaluators have the same forms to work with from city to
city this reduces the error factor and consistency can be
achieved, then everyone will benefit.
5. It would be beneficial to the evaluators to use a form they
are familiar with when coming to a new program in a different
city.
6. Form is on one folded 11" x 17" sheet which is easier to use.
7. Printing costs can be reduced if the City can make and
reproduce the forms.
None of the evaluator's present stated they have a problem with the
St. Paul form.
It was questioned if it is not too late to start over? Jensen
thinks it is good to do St. Paul's program and feels there is merit
in having them do the updating, but Mound is not St. Paul. It was
noted that Mound is similar to St. Paul as the housing age and
problems are similar.
Hanus questioned how is city Council is perceiving administration
to work? Sutherland commented that he and the city Manager are to
bring implementation information to the Planning Commission before
the ordinance is forwarded to the city Council.
Sutherland noted that the zoning portion could kill the proposal of
this ordinance, we should keep the zoning information to a minimum
now, do only what we can handle and add to it in the future as
needed.
3
Planning Comm£esion Minutes November 22, 1993
This subject will be forwarded to the subcommittee for review (Mark
Hanus, Michael Mueller, and Geoff Michael).
CITY COUNCIL REPRESENTATIVE'S REPORT.
LiZ Jensen reviewed the City Council meeting minutes of November 9,
1993 and the agenda for November 23, 1993.
MOTION made by Hanus, seconded by ross, to adjourn the
meeting at 10:04 p.m. Motion carried unanimously.
Chair, Bill Meyer
Attest:
4
Planning
November
commission Minutes
22, 1993
Exhibit A
p. 1of 4
Minnesota Society of Housing lnspectmm
November 22, 1993
Cb of Mound
5341 Maywood Road
Mound, MN 55364
ATTENTION: ]ohn Suthedmd
SUBJECT: TRUTH-IN-HOUSING
The officers of thc N~nn~om Society of Homing Inspcctor~ (MSI-H) m:t on November
15, 1993 to discuss the proposed Truth-in-Homing disclosure report, Evaluatofs Guide and
Zoning rcpom for the City of Mound. The discussion rcw. alcd thc following comments for your
consideration:
D~CLOSURE RE.PORT FORM
GENERAL COMMENTS:
1. Consider using thc Minneapolis or St. Paul forms, only changing thc name of ~ City
to Mound. Neither is perfect, but arc vo'y clog. Thc ~lualm and relators arc already
familiar ~4m m~ ~ and using a clone would simplify things for all conc, cm~d.
2. If suggestion #1 is not porn'bio, then try to kccp thc gl)off ~o four pages max. This w~l
save on paper, Elc space, postage and copy cxtx"nsc.
PAGE Al:
1. T'q~hlcn up the printing on thc top 1/3 of the page. Usc smaller typ~ and spac~ to sav~
2. Add a line for Realtors name and company.
3. Move thc cvaluators name, phone number and date to top pan of page.
4. lmcrt thc word 'limited" after thc words 'This Report offers an..." under item
#2. Substitute thc word "should' for thc word "may" ~ ~ t~.ond sentence of Rcm #2.
PAGE A2
1. Add "dauff to top of page and eliminate EvaluatoFs name,, phone and date fi'om bottom
2. Items 3a and 3b arc informational only, move to last page or eliminate.
3, Item #4 could be shortened by placing both walls and floor on one linc. 4c refers to a
"owncr's statement on pagc I of this form' but th,~'~ is no such stalcmcnL
4. I~n #15 is unclear- should "Copper" bc added to beginning of sentence? If ~o ~h~ is
Intormallonal only and sl~ould t)c movcxl to ~c last page.
5
Planning
November
Commission Minutes Exhibit A
22, 1993 Pa~e2 p. 2 of 4
5. Thc comments "Thc cvaluator is not required to ~blc items or evaluate
inaccessible arems" under item #16 may not be necessary or should be moved to page I #S.
6. Item #17, AMPS and VOLTS information could be pieced on one linc.
7. Items I g and 20 m'e do not require separate line~ since they arc covered under
#16.
PAGE A3.
1. Add 'date" to top of page and eliminate Evaluator's re, me, phone and date from
bottom of page.
2. Elimimtc cxplmetiom from top of page, not necess,~'y to v:peet this on cvcty page.
3. Eliminate "Thc cvaluetor is not required..." in Item #21. This is unnecessary since the
limits of thc inspection are akeady explained on page 1. Also is unclear- are you ~ying thc
cvaluator is not required to turn up the thermostat, thus igniting the heating plant, or is not
reqtdrcd to light the pilot '_light'?
4. Eliminate item #22. If the berating plant is not in operation ~ comment can be made
under #21.
PAGE A4
1. Add "dale' to top ofpege and eliminate Evaluatofs name, phone and date fi.om bottom
of pego.
2. Eliminate explanations f~om top of page, not necessary to ~ this on every page.
3. Item #$$ should be split into two questions, or number of dceping rooms could be given
as an informational item on the same line as the heading 'SI-F. EPIAIG ROOMS"
4. Under "OTHER ROOMS", omil"...and attach additional ~m if necessary." This is
not ne, c,e~a7 since any extra rooms can nommlly be covered in the space provided.
5. Move conunent:'This report coven only..." found after "EXTERIOR" heading to page
PAGE A5
1. Add "date'' to top of page and eliminate Evaluator% name, phone and date fi-om botlom
of page.
2. Eliminate explanafiom bom lop of page, not necessary to repeat this on every page.
3. Add "and drein~c" to item #72.
4. Since there is no b) under #78 it would be b~t to make Gutters and downspouts a
m-parate item. Also, by asking for a yes or no answer the evaluator is not given the
opportunity to comment on thc condition of thc gutters and downspouts.
5. there is no place ~o comment on the condition of the geregc windows. W'mdows could
be added to item #$3, Garage doors.
6. Informational iterm under Garage doors should be moved ~o page #1. If the evaluator is
not to t~t the automatic garage door opener, this needs to be stated more clearly. "Buyer
to check..." is not the same thing as "evaluator does not test". Other infomtafional items
could include a yes or no answer for if a garage door opener exists and if an infra red
safety sensor is in place. Once again, consider moving all informational ite? to one place
at lhe end of the report
7. Informational item A. doe~ not ask if the fireplace damper is present and functional, or if
the condition of the fireplace appears to meet code requirements.
Exhibit A
~lanning Commission Minutes
~ovember 22, 1993 Page3 p. 3 of 4
8. Infonnmional item F. docs not ask if thc dcadbolt lock mcct code requlremenm.
PAGE A6
1. Eliminate explanations from top of page, not neccssaU to ~w, at this on every page.
2. Thc cvaluator's signature should appear al thc end of thc report along with his or her
phone numbel' and thc date.
3. Thc comment 'Fireplaces..." is not necessary since page I #5 already slates that only thc
itcras listed on thc form an: covered. If fu'eplaccs arc not to bc cvaluated then they should
be r~mowxi as Informational item A.
4. Move comment "Buyers ar~ encouraged...' to page 1.
One other suggestion that was not brought up by the group, but came to me lat~ and has bexn
discussed regarding the other existing TIH programs, is to be sm to keep th~ spacing on the form
to standard typewriter size for the benefit of those ~calualors who type their reports.
EVALUATOR'S GUIDE
It was agreed that including some of the more common housing maintenance code re. quimments
such as stai~ay risc and run and handrail heights in the c-valuators guide is helpful. Evaluators
will also need a copy of the Mound Property Maintenance Standards or similar document for
additional information.
The following comments are not all-inclusive. Several comments are only made once here, but
may ne, ed to be applied a~veral times throughout the Gu~dz. For examplo, · comment under tho
living room electrical section may also apply to the bedroom electrical section. Also, some
questions may be clarified once we have had a chance lo read the Mound Housing Maintenance
Manual or ~ document.
LINE NUMBER COMMENTS
36. How is thc evaluator to determine if thc sump pump ia operablc? This may be outside the
~cope of the inspecfiom
41. The cxiatenee of any cracl~ should be included as arc, quirvd notation in foundation wal~.
78. The Disclosure Report oxcludea impecfing for insects. Dam~ed wood should be noted, but
the source of the damage would be speculation.
133. Is lack ora back water valve considered Below or is this just informational.'?
240. Relief valve drain pipe should terminate within6 to 18 inches of the floor.
302. What material is not considered acceptable by the State Plumbing Cod~?
308. What criteria are to be used in ~ a "proper' hstallation?
312. Move 17.B to #16.
319. Ia the City Electrical Code to be used in determining the required number of outlets?
Planning
November
Commission Minutes Exhibit A
22, 1993 Page4 p. 4 of 4
348. Consider clmnging "...any fxee standing space heate~.." to "...any Sl~Ce heater other than
direct venting u~m" and omit thc last sentence.
380. "non-heating season' needs to be defined by specific dat~ i.e.. between October 15 and
646. 8% of floor arem in bathroom window size may be incorr~t. (3%?)
749. 7' ceiling heights are normally permitted in story and · half type home~.
$95. Electric outlem ar~ not nomxally required in atticm.
923. 25% of an ama surface is · lot of tt~tked paint. Any amount of peeling etc. should merit at
least a comment.
932. Since it is imposm'ble to determine a doors R rating in the field, sugg~t changing "...has
eneegy efficiency rating of R2." to "is a insulated type door"
944. What is the "required number" of storms and screens?
1027. Automatic garage door openers need to be addressed here as either to be omitted from the
inspection, or t~ste, d.
PART B- ZONING
The consevaus of the group was that it seems awkwmd to have the TIH ev-g,_,~:or involved
in the Zoning report in any way beyond indicting on the Report the dwelling type. Would it be
possible to have the City Zoning Adminis~'ator prepare this report based on the Evaluators written
~ort or phone
Another concern is the~ thc shaded ercas mey not copy well on ell copy nuchincs, cifl~-r
blank~ out ~11 information or not showin~ thc sludcd ~cas dc,~.
Wc hapc thc~c su~c~fions erc hcyfui to you and thc Council ~ you work towerd~
c~teblish~ your new TIH progrant It is thc ~oal of MSHI to work w~h you so that your
pro. am is as crro~ frcc md smooth runnin~ as pos~%lc. A number of us plen to at.nd thc
mcc~ scheduled for Novcmt~r 22 to answer any qucsfions you nuy have.
J. Barry Eliason
President
8
planning Commie~jd%V M%fnu~egnd TRUTH-IN-SALE OF HOUSING DISCLOSURE REPO~hibit B
November 22, ~,9991341 Maywood Road, Mound, MN 55364 472-0600 p. 1 of 4
tA~X)RE~ O~ ~VALUA~EO OWE~
Ji,~j~8~(~O4r OWELLING UN~TS
'r~o__
I~PO£T~r~ EEALTB ~ SAFETY INFOENATIOI~: ~ny house built before 1970 say have lead-based
paint. The presence of this paint can be · health hazard. For nora information on how to
protect yourself end your fajily, please call 627-5100 (State of Hinnesota Environmental
Health Department).
1. Any complaints regarding this form should be directed to the Examining Board. Any
questions regarding this .Report should be directed to the Evaluator whose name appears
below. ~,;,,~,,,~'
Re orr offer· ar~ independent Evaluator'e overview of buil~ngtjcc~ponent· and
lh~i~uref and le not technically extensive. Prospective buyers ~' seek additional
opinions from various expert· in the inspection field prior to purchase. This Re~ort
ia NOT · warranty or guarantee expressed or implied by the City of Mound or by the
Evaluator, for any building component or fixture.
3. This report is not a code compliance inspection and will not be used by the Department
of Inspections as a basis for enforcing the Building Code or Mound Ordinances. Minimum
standards for this Disclosure Report are established in the Evaluator'a Guide.
4. The seller or seller's agent must make sure that this Report is publicly displayed on
the premises when the house is shown to a p. rospective buyer. The seller or agent must
give a copy of this Report to the buyer prior to the signing of a Purchase Agreement.
5. This Report covers only the items listed on the form. The Evaluator is not required
to ignite the heating plant, use a ladder to observe condition of roofing,, evaluate
inaccessible or concealed areas, or disassemble items. This Report does not address
formaldehyde, lead paint, any airborne gas (including radon), asbestos, nor insect or
6, ThEe Report is NOT an FtC, or VA .inspection or appraisal.
?. This Report ia valid for one year from the date of issue and only for the owner named
on the RepOrt.
8. If buyer intend· to rent out any portion of this property, contact 472-0600.
Buyers are encouraged to discuss flood
damage, sewer back-ups, or water seepage
history with the seller.
A. PRESENT ZONING DISTRICT: ............................. YES ~](
B. GEHE~L ZO, ING INrO.~Tm. S,EET IS ATTAC,ED? .... ~ ' '.~ ' ~. '~ f ~...~ ..~..~ '.f...L.'..' .......
.................. tIP["~[ 0~(i~ .......... : ~':" ~ ' "~'''~' ~ ~" '; ...... "~ ' ~ ' ; ";' '~'' ' ~''': ~''; ' Si#GL[ ~A~ILI .
~" . . ~-. ~ , · . - - ~ -.- ~ ? '~ ~..'..~. ~ .'.-.--'::~ .......' ''L.;;::;:..; ............. ·
:....i ..................... ::>:::;.:..--- :.-;:;'::.:. '.::-. .'; '.....- . . . CO~)CNIilglt BIT__
........ lO. HOUSE__
i: ..:---: ':'XX": ';Y.' :' "-' .'>... -' · :.ii;i. '.. '-'.i.i: :. - ,...,... ......... '-., .... ·
TiS Ii0__
E. IS TNE PRINCIPAL USE OF THE PROPERTY CONFORMING. FOIl IIS ZONING DISTRICT? .........
tr~ .... Hr·laiR OF ~:CES~:~.f ST~UCT~ES: ...................... '? ' ' '"' ' '
YES NO__
~ G. IS I#E PROPERTY CURREI4TLY HONESTEADED? ..........................
ff the occupancy is indicated as being Non-Conforming. the owner shall provide the buyer, prior to closing, settlement, or
transfer of ownership, a writlen and signed verification as to the zoning status by the City Zoning Administrator. i
J P^G~ . o~ --
I
I
9
Planninq Commission Minutes
Nov~r~ A~r~es~. S3 S
I! an item is non-existent the word "none" shall be indicated scross l~e box:
Ilems c~ecked wilh ~ "0'* will have a commen~ nboul Ih~l ilem: Ilems checked
wil~ ~ "B" nra below minimum requiremenls and musl hav~ a commenl
that item; Items check~ with an "H" are Hazardous and must have a comment
a~ut ~at item; Any item marked "M" indicates no problems visible relating to
that i~e at ~e time of evaluation/Additional comment sh~ may be a~ched
if need~. This repo~ covers only items visible at the time of ~e evaluation.
1. las~t Stairs
2. las~nt FLor --
3. las~nt F~att~ ~atts
¢.
~. Evince of O~ss or Staini~
a) ~ ~s~t ,aL~s ............ yes .
b) ~ ~s~t flor ............ ~s .._
S. las~nt SLeepi~ R~ .......... Y~
, If yes, go to ~rs 55 - 61 ~ this fo~.
J 8~. First Flor, F[~ Systm
7. Cot~ I~ Be~
8. Flor Oraim
9. Vaste a~ Vmt Pipi~
10. ~ater Pipf~
11. Gas PipJ~
12. ~ater Heat~
1~. ~ater Heater V~tl~_
lI. las~nt PL~t~ Fixtures
15.~Vater LI~ m Street Si~ of ~eter Neter . . yes
16.
17.
19.
20.
ELectrical Service Size at Panst
ANPS VOLTS
60 asp suitable for one eajor 220 voit ap~tiance.
Separate 20 ANP Kitchen Circuit Indexed at Service
Panel ................... yes__
Base~ent Etectricst OutLets/Fixtures
ELectrical Outlet for Laundry Indexed st Service
Panet ................... yes__
I 22. Heating plant viewed in operation ......... Yes
21.
22.
23.
2~,.
No~
Heating Plant [nstsLLation ~
Heating PLant Vteued in Operation ..... yes . no__
Heating Plant Cc~b~stt~ Venting --
Auxi [tsry Ileating Units, .a~? . . yes__ no__
l) Insist iai ion ~
b) Vieued in operation ........ yes . no
c) Comb,,~s t i on venting --
Exhibit B
"NA" · NOT APPLICABI~
I "M" = MEETS MINIMUM REQUIREMENTS
"B" = BELOW MINIMUM REQUIREMENTS
"H" = HAZARDOUS
"C" = COMMENTS
"I4ON' z NON-I!;][ISTEN~
INDICATE ITEM NUMBER AND ADO INFORMATION HERE
10
& ,&
PlanninQ Commission Minutes
J "M" = MEETS MINIMUM REQUIREMENTS
"B" = BELOW MINIMUM REQUIREMENTS
Exhibit B
--. ~ ,~: A C.
"H" = HAZARDOUS "C" = COMMENTS J
[llCEI:
;S. Viii and CeiLing Ccxq~ts
Evidence of O~ss or Stlirtin9 ......
2526`
28. View Size ~ ~bte Area
30. Et~tricat ~ttets a~/or Fixtures
Pt~i~ Fixt~es
ViLer ftou
33. Gas Plpi~
DilillIG ~ AND LIVING Ii~CIl:
~. wall and CeiLing CoevaLs
35. Evidence of Daq~ss or Staining ...... yes.__
36. FLoor Ares & CeiLing Height
37, FloOr conditi~
3~. Window Size and Openable Area
;39. Wi rx~ow Coe¢li t ion
&0o ELectricaL OutLets
BATHROCIIS:
Al. WaLt and Ceiling Components
/.2. Evidence of Oaepness or Staining ...... yes
/,3. Floor Condition_
/,/,. Window Size
/,5. Window
~6. ELectrical O~tiets and Fixtures
47. plumbing Fixtures
/,8. Water FLow,
HALLWAYS AM) STAIII'~ELLS:
&9.
50.
51.
52.
55.
WaLL and CeiLing Ccqx~,nts --
Evidence of Die,ness or Staining ...... yes no
FLoor condition --
window Condition
ELectricaL Outlets and Fixtures
Stairs (upper floOrs)
SEFJ)IUG IKXXS: ~ ~
,55. /Nu~er of Steeping Ilooe~s ar~indow s_~.
~6. I Wall 8~ hiJi~ C~nts__ ~
61. Electrical ~ttets a~ Fixtures __
~. EYide~e of D~ss or Stiini~ ...... yes
~. E[ectrlcat ~tlets ~ Fixtures
10,90
INC~CATE ITEM NUMBER AND ADO INFORMATION HERE
11
Planning Comm£ss£on
res ~'J
NoY~ ~2~, ~ ~ ~ ~
Minutes
Exhibit B
I "M": MEETS MINIMUM REQUIREMENTS "8" = BELOW MINIMUM REQUIREMENTS "H" = HAZARDOUS "C" = COMMENTS
ATTIC S~AC~ (if Kcessibte):
67. Roof boards and rafters --
M. Evidence of de.pr*ss or staining ...... yes .
69. Etectricat Outtets 8~::1 Fixtures
~at~ti~:
?0. f~a t J on
71. l~s~nt Vi~
O~rs (ftYs~store~screw)
76. St~
Cornice a~ trim
78. R~f cover[~ a~ f~as~{~. The eva~uator is ~t
to~e ~ To.er to ~erve t~e c~iti~ of the
?9.
81.
8~
Gutters ar¢l do.nspouts ......... ~ ~
Chimney --
Etectrica[ out rets/fixtures
I NFOI~AT ICllAL I TE]~:
A. Fireptece
I. Attic/ceiLing insutatiofl
Type of Insutati(~
Approximate number of inches
C. Attic ventitetion
D. I~eatherst r Jpping
wind~
Doors
E. CauLking
F. Dei<~x)t t tack
Roof structure end covering
I,'aLt structure &r~l covering
(Bwer to ch~k: out--tic garage ~ors shard reverse
strlki~ ~J~t. If it ~es ~t reverse, it ~ses o serl~
hazard. )
E[~tricat ~t [ets/fixtur~
Part I - Z~i~ of this DiscLosure Re.ri is ittach~
...................... yes . ~
YES
G. Smoke detector(s)
Properly located
Evaluator not respolsible for operation of smoke detector(s). Fireplaces, free
standing fireplaces and air-conditiOning units are not evaluated.
INDICATE ITEM NUMBER AND ADO INFORMATION HERE
I hereby certi that this report is made in compliance with th( iY] ~' E n ~(; Code of Ordinances Chapter 3/S and that I utilized care and
diligence re[~onable and ordinary for one meeting the Certification Standards. The report covers only those problems listed and
I reasonably visble at the time of my evaluation and does not warrant future useful life of any house component or fixture.
12
TIMOTHY J. PENNY
~ST DISTRICT, MINNESOTA
COMMITTEES:
AGRICULTURE
CHAIRMAN, FOREIGN
AGRICULTURE AND HUNGER
VETERANS' AFFAIRS
SELECT COMMITTEE ON HUNGER
WHIP-AT-LARGE
November 16, 1993
WASHINGTON OFFICE
436 CANNON HOUSE OFFICE BUILDING
WASHINGTON, DC 20515-2301
(202) 225-2472
D)STR~CT OFFICE
108 WEST PARK SQUARE
P.O. BOX 368
OWATONNA, MN 55060
(507) 455-9151
(800) 862-8632 (MN ONLY)
Skip Johnson
Mayor
City of Mound
5341 Maywood Road
Mound, Minnesota 55364-1687
R[F.C' D NOV
Dear Skip:
Thank you for your recent comments. I appreciate hearing from you
regarding unfunded federal mandates. I will certainly keep your views in mind
if these matters come to a vote on the floor of the House.
Thanks again for your comments. Please feel free to contact me if you
have further questions or comments.
TIMOTHY J. PENNY
Member of Congress
TJP:jm
®
TH;S STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS
HENNEPIN
IL
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
417 North Fifth Street
Minneapolis, Minnesota 5540 I-1309
Phone: [6'12] 348-6846
FAX: [6'12] 348-8532
CERTIFieD
December 2, 1993
RtC'U DEC 6 1993
Subject:
Amended Hennepin County Ordinance Thirteen, Solid Waste Source Separation
and Recycling Ordinance
Public Hearing on December 14, 1993, 11:00 a.m.
Hennepin County Board Room, A-2400 Government Center
To Ail Interested Parties:
Enclosed is a copy of the amended Hennepin County Solid Waste Source Separation Ordinance
(Ordinance 13). A public hearing will be held on Tuesday, December 14, 1993, at 11:00 a.m.,
in the Hennepin County Board Room for the purpose of amending Hennepin County Ordinance
13 to ban the disposal of corrugated cardboard, wood pallets, glass, aluminum, and high grade
paper in Mixed Municipal Solid Waste by commercial waste generators.
Written comments on the amended ordinance would be welcome and will be entered into the
hearing record. Testimony will also be taken on December 14.
If you have questions regarding the amended ordinance, feel free to call Carl Michaud, Principal
Environmentalist, 348-3054.
Sincerely,
Director
Enclosure
HENNEPIN COUNTY
an equal opportunity employer
ORDINANCE NUMBER 13
SOURCE SEPARATION MD RECYCLING
FOR ~SNN~P~S COUNT~
An ordinance regulating the separation of materials
which must be separately managed from mixed municipal solid waste
by generators, before collection of such materials within
Hennepin County; establishing source-separation procedures and
principles to be followed by the various subdivisions located in
Hennepin County in order to meet recycling goals and in order to
promote the health, welfare and safety of the public pursuant to
Minn. Stat. ~ 115A.551 et seq. and 473.801 et seq.
The County Board of Hennepin County, Minnesota, does
ordain:
SECTION I DEFINITIONS
The following words and phrases, when used in this
ordinance, unless the context clearly indicates otherwise, shall
have the meanings ascribed to them in this section.
Subsection ! "Aluminum Recyclables" means all
disposable containers fabricated primarily of aluminum and
commonly used for soda, beer or other beverages.
Subsection 2 "Can Recyclables" means all disposable
containers fabricated primarily out of metal or tin.
Subsection 3 "Cities" means statutory and home rule
charter cities and towns authorized to plan under sections
462.351 to 462.364.
Subsection 4 "Collection" means the removal of
recyclables from the place at which they are generated and
includes all activities up to the time the waste is delivered to
a waste facility.
Subsection 5 ,,Collector(s)" means any person(s) who
owns, operates or leases vehicles for the purposes of collection
and transportation of any type of mixed municipal solid waste,
and/or recyclables.
Subsection 6 -Commercial Waste" means waste generated
by stores, offices, businesses, restaurants, warehouses, and
other non-manufacturing activities, and non-process wastes such
as office and packing wastes generated at industrial facilities.
Subsection ? "Corrugated Cardboard" means any clean,
sorted, stiff, moderately-thick paperboard with internal
alternating ridges and grooves commonly used to ship merchandise
to stores, offices, businesses, restaurants, warehouses and other
non-manufacturing activities.
Subsection 8 "County Board" means the Hennepin County
Board of Commissioners and their authorized representatives.
Subsection 9 "Department" means the Hennepin County
Department of Public Works, Division of Environmental Management.
Subsection 10 "Generation" means the act or process of
producing waste. (as defined in Minn. Stat. 115A.03, subd. 11.)
Subsection 11 "Generator" means any person who
generates waste. (as defined in Minn. Stat. 115A.03, subd. 12.)
Subsection 12 "Glass Recyclables" means Jars, bottles
and containers, which are transparent or translucent and
primarily used for packaging and bottling of various matter.
Subsection 13 "Hauler" is a person engaged in the
business of collecting, transporting, or disposing of recyclable
materials, or a self-hauler who disposes of recyclable materials
in excess of five (5) tons per month.
Subsection 14 "High Grade Paper" means clean, dry,
groundwood free, sorted, primarily white ledgers, envelopes,
computer and copy paper from offices.
Subsection 15 "Metropolitan Council" means the council
established in Minn. Stat. Chapter 473.
Subsection 16 "Mixed Municipal Solid Waste" means
garbage, refuse, and other solid waste from residential,
commercial, industrial, and community activities that the
generator of the waste aggregates for collection, but does not
include auto hulks, street sweepings, ash, construction debris,
mining waste, sludges, tree and agricultural wastes, tires, lead
acid batteries, used oil, and other materials, collected,
processed, and disposed of as separate waste streams. (as
defined in Minn. Stat. 115A.03, subd. 21.)
Subsection 17 "Municipality" means any incorporated
city within the boundaries of Hennepin County, Minnesota.
Subsection 18 "Paper Recyclables" means paper of the
type commonly referred to as newsprint. Expressly excluded,
however, are all magazines or similar periodicals.
Subsection 19 "Person" means any human being, any
municipality or other governmental or political subdivision or
other public agency, any public or private corporation, any
partnership, firm, association or other organization, any
receiver, trustee, assignee, agent or other legal representative
of any of the foregoing, or any other legal entity, but does not
include the pollution control agency. (as defined in Minn. Stat.
116.06, subd. 17.)
Subsection 20 "Political Subdivision" means any
municipal corporation, governmental subdivision of the state,
local government unit, special district, or local or regional
board, commission or authority authorized by law to plan or
-2-
provide for waste management. (as defined in Minn. Stat.
115A.03, subd. 24.)
Subsection 21 -Recyclable Materials" means materials
that are separated from mixed municipal solid waste for the
purpose of recycling including paper, glass, plastics, metals,
automobile oil and batteries. Refuse-derived fuel or other
material that is destroyed by incineration is not a recyclable
material. (as defined in Minn. Stat. 115A.03, subd. 25a.)
Subsection 22 "Recycling" means, in addition to the
meaning given in Minn. Stat. S 115A.03, subd. 25b, yard waste,
composting and recycling that occurs through mechanical or hand
separation of materials that are then delivered for reuse in
their original form or for use in manufacturing processes that do
not cause the destruction of recyclable materials in a manner
that precludes further use.
Subsection 23 "Recycling Container" means any
receptacle that is used to collect recyclable materials and meets
the specifications adopted by the County Board.
Subsection 24 "Recycling Facility" means a facility at
which materials are prepared for reuse in their original form or
for use in manufacturing processes that do not cause the
destruction of the materials in a manner that precludes further
use. (as defined in Minn. Stat. 115A.03, subd. 25c.)
Subsection 25 "Solid Waste" means garbage, refuse,
sludge from a water supply treatment plant or air contaminant
treatment facility, and other discarded waste materials and
sludges, in solid, semisolid, liquid, or contained gaseous form,
resulting from industrial, commercial, mining, and agricultural
operations, and from community activities, but does not include
hazardous waste; animal waste used as fertilizer; earthen fill,
boulders, rock; sewage sludge, solid or dissolved material in
domestic sewage or other common pollutants in water resources,
such as silt, dissolved or suspended solids in industrial waste
water effluents or discharges which are point sources subject to
permits under section 402 of the Federal Water Pollution Control
Act, as amended, dissolved materials in irrigation return flows;
or source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954, as amended. (as defined in Minn.
Stat. 116.06, subd. 22.)
Subsection 26 -Source-Separation" means the separation
of recyclable materials from mixed municipal solid waste at the
source of generation.
Subsection 27 "Waste Tire" means a tire that is no
longer suitable for its original intended purpose because of
wear, damage or defect. (as defined by Minn. Stat. 115A.90,
subd. 11.)
Subsection 28 "Wood Pallets" means any portable wood
platform on which goods are placed for storage or transportation.
¥a¥/
SECTION II OENERAL PROVISIONS
Subsection i It shall be the responsibility of each
municipality to adopt an ordinance or ordinances relating to the
separation of recyclables within the boundaries of the
municipality, the purpose of said ordinance being to reduce the
amount of solid waste generated within the municipality by at
least 16% during the calendar year 1990 which is an amount
established by the Metropolitan Council and adopted by the
Hennepin County Board as set forth in Hennepin County Solid Waste
Master Plan.
Subsection 2 The implementation and enforcement of said
ordinance shall be the responsibility of each respective
municipality. If a municipality should fail to implement a
program by January 1, 1988, or implement a program which fails to
meet the 16% waste reduction percentage during calendar year
1990, as set forth in Subsection 1, the provisions appearing in
Section V of this Ordinance shall come into effect. This
Ordinance shall not prohibit a municipality or municipalities
from entering into agreements relating to any facet of source
separation of recyclables.
Subsection 3 A commercial waste generator shall not
place the following materials for disposal in mixed municipal
solid waste:
corrugated cardboard
wood pallets
glass recyclables
aluminum recyclables
high grade paper
SECTION III REPORTING REQUIREMENTS
Subsection I Each municipality shall report all
information relating to waste generation, collection and disposal
within its boundaries to the Hennepin County Department of Public
Works, .Division of Environmental Management. Such information
shall include but not be limited to: data on tonnage generated
in the municipality; data on recyclable materials generated and
collected within the municipality; and such additional
information as is requested by the Department. Such information
shall be provided on an annual basis by or on March 1st of each
year, or as otherwise directed by the Department.
SECTION IV
MUNICIPAL FAILURE TO MEET STANDARDS
ESTABLISHED IN SECTION II
If any municipality fails to establish or implement an
ordinance as provided in Section II, the County Board may
implement a recycling program which includes source separation
provisions within the boundaries of said municipality pursuant to
Minn. Stat. ~ 115A.92, subd. 5. If such a program is
-4-
implemented, it shall be enforced upon all persons residing in
said municipality. This ordinance shall be applicable to all
municipalities, unincorporated areas and political subdivisions
within the geographical boundaries of Hennepin County, Minnesota.
SECTION V SALE OF REC¥CI~BLES
Nothing in this Ordinance shall be construed to preclude
a person generating or collecting solid waste from delivering
recyclable materials to a recycling facility of the generator's
or collector's choice. Recyclable materials must be taken to
markets for sale or to a recycling facility that has the
capability of processing the materials.
SECTION VI SOURCE SEPARATION PROVISIONS
The County Board may implement any of the provisions
contained in this section within the boundaries of a
municipality, if said municipality fails to meet the requirements
established in section II of this ordinance.
A. pRE-COLLECTION AND COLLECTION
Subsection I Pre-collection. Ail persons who are
owners, lessees, and occupants of any building, commercial or
residential, within Hennepin County, which generates mixed
municipal solid waste, shall separate from all solid waste the
designated recyclable materials before disposal, removal or
collection.
ae
be
Paper recyclables, which shall be bundled
separately and/or secured in such a manner as to
prevent them from being blown or scattered, and
shall be maintained in a dry condition free of any
other substance and shall not be placed in plastic
bags.
Aluminum recyclables shall be clean of all contents
and such recyclables shall not be placed in plastic
bags.
C ·
Glass recyclables shall be clean of all contents.
Caps, lids and all metal shall be removed prior to
collection and such recyclables shall not be placed
in plastic bags.
d. Can recyclables shall be clean of all contents.
Can recyclables shall not be placed in plastic
bags.
All aluminum, glass and can recyclables shall be placed
into containers and not mixed with other forms of solid waste or
mixed municipal solid waste in a manner consistent with the
rules, regulations and procedures adopted by the County Board.
-5-
Subsection 2 Container Requirements. Containers shall
be provided by all persons who are owners, lessees or occupants
of any building, commercial or residential, and shall be:
a. maintained in a clean and sanitary condition in
accordance with all pertinent health statutes,
ordinances, rules and regulations;
b. located in such a manner so as to prevent them from
being overturned or obstructing pedestrian or motor
vehicle traffic or being in violation of any
statute, ordinance, rule or regulation; and
c. adequate and substantial enough to contain the
recyclables therein.
Subsection 3 Collection. The collection, removal and
disposal of recyclables shall be supervised by the County Board,
which shall have the power to establish the time, method and
routes of service. Special times for large item pick-up may also
be established. Collection provisions shall include but not be
limited to the following:
a. Notice of dates and times of collection will be
published or otherwise made available to persons
affected herein.
b. The Department may establish drop-off or collection
sites where any person may deposit recyclables at
such times and locations as determined.
c. It shall be unlawful~for any person other than
employees of the Department, or authorized persons,
collectors or haulers to distribute, collect,
remove or dispose of recyclable materials after
said materials have been placed or deposited for
collection.
d. Nothing in this Ordinance shall abridge the right
of any person to give or sell their recyclable
materials to any recycling program lawfully
operated for profit, non-profit or charitable
purposes.
e. Nothing in this Ordinance shall abridge the right
of any authorized recycling program to lawfully
operate within Hennepin County, subject to such
other licenses or other regulations as may be
required by law.
f. It shall be unlawful for a person to collect,
remove or dispose of mixed municipal solid waste
which consists of recyclables combined with other
forms of mixed municipal solid waste.
-6-
B. VIOLATION AND PENALTY
Subsection ! Misdemeanor. Any person who fails to
comply with the provisions of this Ordinance may be charged with
a violation not exceeding a misdemeanor and upon conviction shall
be punished as provided by law. A separate offense shall be
deemed committed upon each day during or on which a violation
occurs or continues.
Subsection 2 Remedies Cumulative. No remedy set forth
in this Ordinance for violation of this Ordinance is intended to
be exclusive of any other available remedy or remedies, but each
and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Ordinance or now
or hereafter existing at law or in equity or by statute. No
delay in the exercise of any remedy for any violation of this
Ordinance shall later impair or waive any such right or power of
the County.
Subsection 3 Injunctive Relief. In the event of a
violation or a threat of violation of this Ordinance, the County
may institute appropriate actions or proceedings including
application for injunctive relief, action to compel performance
or other appropriate action to prevent, restrain, correct or
abate such violations or threatened violations.
Subsection 4 Costs and Special Assessments.
a. If a Hauler or any Person within said County
collects or disposes of recyclables in violation of
this Ordinance, the County may take the necessary
steps to correct such violations and the costs
thereof may be recovered in a civil action in any
court of competent Jurisdiction or, at the
discretion of the County Board, the costs may be
certified to the County Auditor as a special tax
against the real property owned by such hauler or
person.
b. If any municipality, unincorporated area, or
political subdivision within the geographical
boundaries of Hennepin County fails to meet the
requirements established in Section II of this
Ordinance, the County Board, to the extent that it
has assumed the responsibilities that the local
unit has failed to assume pursuant to Section II,
may seek reimbursement in any court of competent
jurisdiction, for all costs, expenses and
expenditures which the County has incurred incident
to the adoption, implementation, administration and
enforcement of a source-separation ordinance within
the boundaries of a local unit.
-7-
Subsection i Warnings· The Department or any of its
duly authorized representatives and collectors and haulers of
recyclables may issue a warning notice to any person observed not
in compliance with any provision of this Ordinance.
Subsection 2
The warning notice shall be on such form(s) as
provided by the Department.
Forms shall be provided to collectors and haulers
who may issue such warning notices by placing or
attaching them to waste containers or on the
premises where the violation occurs.
A copy of any warning notice as issued by a
collector or hauler shall be forthwith sent to the
Department.
Collection Refusal. A collector or hauler
may, upon issuance of a warning notice for noncompliance, not
accept for collection the noncomplying waste materials.
Subsection 3 Costs for Compliance. A collector or
hauler may, upon issuance of a warning for noncompliance,
undertake to render any noncomplying recyclables placed for
collection to be in compliance and a reasonable fee for
undertaking shall be allowed and reported to the Department. The
Department may certify the fee as costs to the County Auditor as
a special tax to be assessed against the real property of the
person in noncompliance.
Subsection 4 Citations. The Department or any of its
duly authorized representatives shall have the power to issue
citations for violations of this Ordinance, but this shall not
permit such representatives to physically arrest or take into
custody any violator except on warrant duly issued.
a. Form of Citations: Citations shall contain at
least the following~
The name and address of the person charged
with the violation or the owner or person in
charge of the premises at which the violation
occurs.
The date and place of the violation.
A short description of the violation followed
by the section of this Ordinance violated.
The date and place at which the person
receiving the citation shall appear and a
notice that if such person does not respond, a
warrant may be issued for such person's
arrest.
-8-
,4J . J 11 & · Ii, i .IJ
5. The name of the person issuing the citation.
bo
6. Such other information as the Court may
specify.
Issuance of Citations: Whenever any representative
of the Department discovers any violation of this
Ordinance, he may issue a citation to the person
alleged to have committed the violation and such
citation shall be in the form specified in
paragraph A. of this subsection. Such citation
shall be made out in quadruplicate (4). One copy
thereof shall be issued to the person alleged to
have committed the violation; one copy shall be
filed with the Department; two copies thereof shall
be filed with the County Ordinance Violation Bureau
(hereinafter referred to as Bureau).
Issuance: The citation shall be issued to the
person charged with the violation, or in the case
of a corporation or municipality, to any officer or
agent, expressly or impliedly authorized to accept
such issuance.
Appearance: After the issuance of the citation and
within such time as shall be fixed by court rule,
the person charged with the violation shall report
to the Violations Bureau.
Complaint: If the person charged with the
violation does not appear at the Bureau within the
time specified by court rule, the Bureau shall send
him a notice directing him to respond to the
citation within seven days of the date of the
notice and if such person fails to respond, the
Bureau shall cause a complaint to be signed and a
warrant to be issued for the arrest of such person
to compel his appearance in court.
SECTION VII SEPARABILITY
It is hereby declared to be the intention of the County
Board that the several provisions of this Ordinance are separable
and if any court of competent jurisdiction shall adjudge any
provision of this Ordinance to be invalid, such judgment shall
not affect any other provision of this Ordinance not specifically
included in said judgment.
SECTION VIII PROVISIONS ARE ACCUMULATIVE
The provisions of this Ordinance are accumulative to all
other laws, ordinances and regulations heretofore passed, or
which may be passed hereafter, covering any subject matter in
this Ordinance.
-9-
MINUTES OF A MEETING OF THE
MOUND ADVISORY PARK AND OPEN SPACE COMMISSION
DECEMBER 2, 1993
Present were: Commissioners Lyndelle Skoglund, Tom Casey, Shirley
Andersen, Marilyn Byrnes, Carolyn Schmidt, Peter Meyer, David
Steinbring, and Janis Geffre, Parks Director Jim Fackler, Dock
Inspector Tom McCaffrey, and Secretary Peggy James. Council
Representative Andrea Ahrens was absent and excused.
MINUTES
MOTION made by Skoglund, seconded by Case¥ to approve the
Park and Open Space Commission Minutes of November 4,
L993 as written. Motion carried unanimously.
AGENDA CHANGES
None.
APPLICATION FOR CONSTRUCTION ON PUBLIC LANDS BY MR. LYNHEXUM, 1543
BLUEBIRD LANE, FOR STAIRWAY ON WAURIKA COMMONm DOCK SITE ~01560.
The applicant has applied for an after-the-fact permit to allow the
construction of a stairway on the commons. This stairway will
serve only one dock site and this area has a steep slope.
The new stairway was installed recently and was brought to the
attention of staff when we responded to a complaint regarding
residing on Mr. Hexum's house without a building permit.
The request, although after-the-fact, falls within the items that
are permitted uses on the commons according to City Code Section
320, the Flow Chart, the Zoning Ordinance, and the Procedure
Manual. The stairway is not complete and lacks code compliance,
however, this can be accomplished upon City Council approval.
Staff recommends approval of the Construction on Public Lands
Permit to allow replacement of a stairway as requested, subject to
the following:
The applicant is responsible for all costs incurred, including
installation and maintenance.
The new stairway shall be in compliance with the Building Code
and inspected and approved by the Building official.
The permit will expire five (5) years from the date of City
Council approval.
4. The permit must be renewed with change in Dock License holder.
Park and Open Space Commission Minutes
December 2, 1993
Se
The applicant's dock license will not be issued until
compliance has been achieved and the stairway is approved by
the Building Official.
Mr. Hexum clarified for the Commission that the stairway was
constructed in the same footprint as the previous stairs, and the
Building official has required handrails on both sides of the
stairway due to the height from grade, and there is some concern
relating to the transition over the riprap area which they need to
discuss.
MOTION made by Casey, seconded by Byrnes to recommend
approval of the Construction on Public Lands Permit as
recommended by staff. Motion carried unanimously.
This request will be heard by the City Council on December 14,
1993.
1993 BUDGET REVIEW FOR SUMMER PARKS AND BEACH PROGRAM WITH
COMMUNITY SERVICES.
Jim Fackler, Parks Director, briefly reviewed for the Park
Commission the year-end figures for the summer parks and beach
program, as follows:
Parks Program Approved Budget
Parks Program Actual Expenditures
$12,435.00
$11,511.61
There were no programs for 1.5 days due to weather.
Beach Program Approved Budget
Beach Program Actual Expenditures
$20,702.00
$14,597.97
There were no lifeguards for 9.5 days due to weather.
NATURE CONSERVATION AREAS / 1994 PARKS TOUR
The history of Nature Conservation Areas was briefly reviewed for
the new Commission members.
Casey suggested that a motion be passed to ask the City Council
what the Park Commission could do to further promote the adoption
of the previously suggested nature conservation areas. He feels it
would be a benefit to know ahead of time what the City Council will
want to know in order to approve the NCA's, other than the planned
site visit in April. Steinbring questioned if they could not
create plans for each of the areas.
2
Park and Open Space Commission Minutes December 2, 1993
Byrnes does not think the Park Commission should ask the Council
what to do, that the Council will let us know what they want when
they are ready, which will probably not be until after their visit
to the sites in April. Schmidt agreed.
Skoglund suggested that the Commission take a pro-active role on
this issue. She suggested that the Commission discuss what can be
done with each site so they can be prepared if the Council
questions them. She also suggested that the Park Commission and
its new members meet prior to the Council's April tour, in order to
update the new Commissioners what and where the proposed NCA's are
and to visit the sites with the new Commissioners.
It was proposed that at the January 13, 1994 meeting, .the
Commission confirm the date of January 29, 1994 for a Saturday
morning workshop to orientate the new commissioners and to visit
the proposed NCA sites and discuss NCA goals. A follow-up letter
could be submitted to the City Council explaining the content of
their meeting and/or the City Council should be invited. At the
February Park Commission meeting specific uses for each area could
be further discussed.
It was suggested that Ahrens, the Commission's liaison to the
Council, could invite the Council in-person to the Saturday
workshop.
It was noted that staff should supply maps and a list of the
proposed NCA's in the January 13th packet.
MOTION made by Casey, seconded by Meyer to have the
official 1994 Parks Tour in &pti1 to coincide with the
City Council's tour of the Nature Conservation Areas.
Motion carried unanimously.
It was noted that the Commission could schedule an additional tour
later in the year and possibly visit the beaches.
Park Director's Report..
Jim reviewed with the Commission that the DNR has approved through
the C.O.R.E. program to install a fishing pier at Centerview Beach.
The Commission suggested some publicity such as a fishing contest
or a ribbon cutting ceremony when it opens.
Jim reviewed the status of the ice rinks that will hopefully become
skateable this year depending on weather, they will be located at
Philbrook Park, Three Points Park, and Highland Park.
Park and Open Space Commission Minutes
December 2, 1993
Dock Inspector's Report.,,
Tom McCaffrey reviewed that he has been preparing the dock forms to
be mailed out at the end of the month.
Miscellaneous
Lyndelle Skoglund said goodbye to her fellow commissioners as she
has resigned due to conflicts with her work schedule. Andersen has
also resigned.
MOTION made by Skoglund, seconded by Byrnes to adjourn
the Park and Open Space Co~mission Meeting at 8:06 p.m.
Motion carried unanimously.
4
LAKE MINNETONKA CONSERVATION DISTRICT
900 EAST WAYZATA BOULEVARD. SUITE 160 · WAYZATA. MINNESOTA 55391 · TELEPHONE 612 473 7033
EUGENE R. STROMMEN EXECUTIVE DIRECTOR
December 10, 1993
BOARD MEMBERS
W,iham A Johr'$tone To:
Cha,r. M~nnetonka
Tom Penn From:
V~ce Chair. Tonka Bay
Oougtas E Babcock
Secretary. Spr~ng Park
Robert Rascop Sub%:
r h r '
Tre3sure .S 0ew00d
Mke Bloom
M~nnetonka Beach
Scott Carlson
Mr'netr~sta
Dave Cochran
Greet,wood
Aiberl :Bert) Foster
Deephaven
JamesN Grathwol
E,cels~or
Duane Markus
Wayzata
George C. Owen
V~ctona
Tom Reese
j~ound
rt E. Slocum
odland
Orono
Lake Minnetonka Cities
Rachel Thibault ~
Annual Shoreline Boat Count
Enclosed is the Shoreline Boat Count with an annual
comparison from 1979 through 1993. This is an
inventory of all watercraft stored on the shoreline
of Lake Minnetonka, usually taken during the month of
July. This count is taken from a boat cruising along
the entire shoreline of the lake.
As you can see, the number of boats declined during
the low water years of 1989 and 1990, but reached a
record high in 1993.
Personal watercraft were included in the
miscellaneous category prior to 1990. A separate
category was made for personal watercraft in 1990 due
to their impact on the lake.
There is an anomaly in the count of runabouts and
cruisers between 1990 and 1991. This is because the
person doing the counting changed, and the criteria
were interpreted slightly different. The total of
these two categories remain consistent.
We have also included the 1993 Shoreline Boat Count
by bay.
If you have any questions on this report, please
call.
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lEtO DEC :t 3 1993
LAKE MINNETONKA CONSERVATION DISTRICT
December 10, 1993
TO:
FROM:
SUBJECT:
Mayors, Member Cities
City Administrators, Member Cities
LMCD Chair Bill Johnstone
December Board Meeting Report and
Current Information Highlights
Enclosed is a summarized report of the LMCD board meeting of
December 1, 1993. The report intends to provide a capsule of
the board proceedings. While the complete board minutes will
continue to be provided to each city, we thought a summary
might be useful.
I intend to emphasize communications to the cities, the
elected officials, area legislators, the agencies with which
LMCD coordinates many of its responsibilities, and civic
groups such as the LMLOA.
Board members are also being encouraged to continue, and step
up if necessary, their individual reports and contacts with
their mayor and city councils.
On November 20th, the Board of Directors held a workshop.
This workshop served as a platform for each committee chair
to review committee priorities and objectives for 1994.
Committee members will meet in January to prioritize the
objectives, some of which are already in process as the
enclosed Board report indicates.
Your feedback on the type of information being provided in
this and future formats is welcome. Contact with your board
member along these lines is encouraged.
The entire board looks forward to your shared interest.
Best wishes for the holidays and for a great new year!
cc:
Area State Legislators
Hennepin County Area Commissioner
Minnehaha Creek Watershed District Chair
Hennepin Parks Chair
Hennepin Conservation District Chair
Lake Minnetonka Lakeshore Owners Association (LMLOA)
LAKE MINNETONKA CONSERVATION DISTRICT
Summary of 12/1/93 Board of Directors Meeting
Water Structures Committee, Chair Babcock
*Stead Variance application, 21600 Fairview St, Greenwood,
Lower Lake South; Findings and Order to be drafted for
approval of the variance as presented for subsequent Water
Structures Committee and Board adoption.
*Revier Variance application, 2691 Ethel Ave, Orono, Carmans
Bay; Findings & Order to be drafted for approval of the
variance with conditions (see minutes for more detail), for
subsequent Water Structures Committee and Board adoption.
*Gideons Point Homeowners Association Variance application,
Tonka Bay, Gideons Bay; the Findings & Order granting the
variance were approved with minor corrections.
*Draft ordinance Relating to Storage of Unrestricted
Watercraft at Multiple Dooks; the first reading of the
ordinance, as amended by the Board, was approved. The second
reading by the Board will be 1/26/94, after committee review
1/8/94. The effect of the ordinance is to allow additional
density at commercial multiple docks for unrestricted
watercraft used for public rental and educational purposes.
Unrestricted watercraft would not be counted at non-
commercial (homeowner association type) multiple docks.
Lake Use & Recreation Committee, Chair Foster
*A Lakeshore Lighting Subcommittee was moved from Water
Structures to this committee, Tom Reese, Mound, Chair. A
model ordinance will be developed in cooperation with member
cities to address lighting directed out on the lake from land
locations. Engineering assistance for the ordinance is being
volunteered by Reese and an associate.
*In response to complaints about motorized vehicle traffic
within the 150' shorezone at the Carsons Bay winter access,
the board approved allocation of funds, up to $1500, to place
signs at winter accesses. The signs state "No motorized
vehicle travel within 150' of shore."
Lak9 Acces~ Committee, ghair Grathwol
*The 1992 Task Force Report is proceeding through its final
draft for review by the Lake Access Task Force in January or
February.
Environment Committee,. Chair Rascop
*The Phase Two Work Plan, submitted by Environment Consultant
Dick Osgood, will be reviewed by the committee 12/14/93 for
purposes of determining the scope and nature of the work to
be undertaken.
Su~mmary of 12/1/93 Board Meeting, Page 2
Eurasian Wate~ Milfoil Tas~ Force, Chair Penn
*The goal for 1994 is to improve the efficiency of the EWM
harvesting program. Funding of the program is contingent on
the continued cooperation of member cities.
Administrative Committee~. Chair Carlson
*Costs related to multiple dock licensing have been reviewed
by a subcommittee which includes multiple dock
representatives as members. Fees for licensing multiple
docks will be evaluated after the end of the year.
Financial Reports,. Treasurer Rascop
*The board approved payment of bills in the amount of
$41,393.55 through the end of November.
*Legal services for 1994 were approved at $101/hour for
general civil matters, and $108/hour for litigation, a 3%
increase, the first increase since 1991.
*The prosecuting attorney's fee in the amount of $80/hour was
approved, a 6% increase, the first increase since 1986.
*Babcock, Langbein & Co., Minneapolis, was approved to do the
1993 audit at a fee of $1000, which includes year-end closing
assistance.
Executive Director Report, Strommen
*The Lake Minnetonka Cable Communication Commission will be
requested to tape the LMCD meetings at no charge, if
possible.
New Business
*Committee chair Appointments, Chair Johnstone
Administrative Committee
Environment Committee
EWM Task Force
Lake Access Committee
Lake Use & Recreation Committee
Water Structures Committee
Bill Johnstone
Bob Rascop
Tom Penn
Jim Grathwol
Bert Foster
Doug Babcock
A chair for the Save the Lake committee has not yet been
appointed.
*The 1994 meeting calendar was approved.
*Robert Slocum, Dave Cochran and George Owen, retiring from
the board after this meeting, were noted for their service
with appreciation.
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!COMMITTEE ON AGRICULTURE
$1~CI,~P. TY CROP~ AND NATURAL R~OURCES
COMMI'VFEE ON SCIENCE, SPACE,
AND TECHNOLOGY
ongre o[ tBe niteb tate
)ou e of geprg entatibe
2b )i tri£t, J linntSota
December 1, 1993
WASHINGTON OFFICE:
1508 LO#GWORTH 6U~LD~#G
WASHINGTON, DC 20515
(202) 225-2331
DISTRICT OFFICES:
(SOUTH TO~/N
542 FroST S'm[~* SOUTH
MONTeViDEO, MN 56265
(612) 269-931
(Cn'~
108 EAST THIRD STREET
CH,~$r~. MN 55318
(612) 448-6567
(COURTHOUSE SQUARE)
938 FOUR'm AVENUE
P.O. BOX 367
W~#DO~. MN 56101
(507) 831-0115
TOLL FREE 1-(600)-453-9392
The Honorable Skip Johnson
Mayor
City of Mound
5341 Maywood Road
Mound, Minnesota 55364-1687
DEC 1:3 9,,3
Dear Mayor Johnson:
I appreciate your recent letter expressing your objection to
Unfunded federal mandates.
I recognize that unfunded mandates place a severe financial
burden on cities and towns and force local governments to shift
priorities. I have seen and experienced this burden as one who was
part of city, county and school district operations since 1968. I
have learned that in the 101st Congress alone (before I came here),
there were enough unfunded mandates passed to cost states $15
billion over a 5-year period. As you may know, October 27th was
designated National Unfunded Mandate Day. I spent part of the day
reviewing legislation to deal with the burden. As a part of my
commitment to address this problem, I am cosponsoring two important
pieces of legislation that will, if passed, help ensure that the
federal government will no longer pass the buck on future mandates.
First, I am cosponsoring H.R. 140, the Federal Mandate Relief
Act. Under this bill, compliance with, or implementatiohof, an
unfunded federal mandate is voluntary for states and localities
until the federal government provides the necessary funding needed
to pay for the mandated requirements. The bill would only apply to
mandates which take effect on or after the date of enactment. This
bill is supported by the U.S. Conference of Mayors, the National
Association of Counties, the National League of Cities, the National
Association of Towns and Townships, the National Conference of State
Legislatures, the Council of State Governments, and National
Taxpayers Union.
The second bill I am cosponsoring is H.R. 1295, the Fiscal
Accountability'and Intergovernmental Reform (FAIR) Act. The FAIR
Act would require the Congress and federal executive agencies to
assess fully the economic impact and recognize the real price of new
legislation and new regulations on state and local public resources,
and on the productive use of private capital -- prior to enactment
and implementation.
THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS
I will support the Federal Mandate Relief Act and the FAIR Act
and other thoughtful, effective approaches to control unfunded
federal mandates. Please let me know of mandates you see that are
particularly harsh or unnecessary.
Thank you again for contacting me.
~ress
DM:cld
JAIdE$ P. LARKIN
ROBERT L. HOFEMAN
JACK F. DAVY
December 9, 1993
& I I,, I ,I, I
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1B00 NORWEST FINANCIAL CENTER
7900 XERXES AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55431-1194
TELEPHONE (612) 835-3800
FAX (612) 896-3333
DEC 1 0 '199
MICHAEL e. LEBARON
GREGORY E. KORSTAD
GARY A VAN CLEVE'
DANIEL L. BOWLES
TODD M. VLATKOVICH
TIMOTHY J. M~IAIdUS
TIMOTHY J. KEANE
ALAN M. ANDERSON
DONNA L. ROBACK
MICHAEL W. SCHLEY
USA A. GRAY
GARY A. RENNEKE
CHRISTOPHER J. HARRISTHAL
MICHAEL A. ROSERTSON
SHANNON K. MoCA/VIBRIDGE
WILUAM C. GRIFFITH, JR.
JOHN J. STEFFENHAGEN
DANIEL W. VOS$
MARK A. RURIK
JOHN R. HILL
THOMAS J. SEYMOUR
MICHAEL J. ,SMITH
VIUS R, INDE
DWIGHT N. HOUVISO
FREDERICK K, HAUSER iii
MARY E. VO$
LARRY D. MARTIN
JANE E. SREMER
RENEE L. TOENGE$
MARCY R. KREISMAN
MARIEL E. PIILOLA
OF COUNSEL
WENDELL R. ANDERSON
JOSEPH GITIS
"ALSO ADIdlTTED IN WISCONSIN
The Honorable Skip Johnson
City of Mound
5341 Maywood Road
Mound, MN 55364-2687
Mayor Johnson:
The purpose of this letter is to provide notice that Triax is plannin9 a
programmin~ chan~e affectin~ certain FM services on your cable system.
Effective January 9, 1994, Triax will no longer carry individual FM radio
services. Digital Cable Radio (DCR), a satellite-delivered audio service
providin~ a broad array of audio pro~rammin~ options, will continue to be
available in your community.
On behalf of Triax, we are pleased to make this enhanced audio service
available to our subscribers and are committed to continued improvement
of the services we provide to our subscribers. If you have any comments
or questions, please do not hesitate to contact me. Thank you for your
consideration.
Sincerely,
ja~~
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
C.'
Ric Hanson
Bob Langley
JEB:gev:KL0s
ROD GRAMS
COMMITTEE ON 8ANKINGo
FINANCE AND URBAN AFFAIRS
COMMITTEE ON SCIENCE,
SPACE. AND TECHNOLOGY
on{lre of the lniteb tatez
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........... · .... ~lla~;~in¢on, ~(~ 20515-2300
December 7, 1993
DISTRICT OFFICE:
The Honorable Skip Johnson
Mayor
City of Mound
5341 Maywood Road
Mound, MN 55364-1687
DEC ! 0 1993
Dear Mayor Johnson:
Thank you for letting me know of your opposition to Congress'
continued practice of imposing unfunded mandates on state and
local governments. I appreciate your input.
Like you, I oppose such mandates because they place an enormous
burden on state and local governments, and often serve simply as
a way for Congress to impose control, while passing buck and the
bill for such costly proposals.
Congress should carefully evaluate all mandates and determine
their burden on state and local governments before passage. I
have cosponsored H.R. 1295, the Fiscal Accountability and
Intergovernmental Reform Act, which would accomplish this by
forcing Congress to determine the economic impact of mandates and
regulations. This type of accountability is needed to ensure
effective government at all levels.
Again, thank you for sharing your concerns with me.
free to contact me whenever I can be of assistance.
Please feel
Rod Grams
Member of Congress
RG:djk
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