1994-02-22teamwork and cooperation, provides at a reaso , q ty I
I~espond to the needs of all citizens, fostering a safe, attractive and flourishing/
AGENDA
CITY OF MOUND
MOUND, MINNESOTA
MOUND CITY COUNCIL - REGULAR MEETING
7:30 P.M., TUESDAY, FEBRUARY 22, 1994
CITY COUNCIL CHAMBERS
e
PLEDGE OF ALLEGIANCE.
APPROVE THE MINUTES OF THE FEBRUARY 8, 1994, REGULAR
MEETING, AND THE FEBRUARY 15, 1994, COMMIT'FEE OF
THE WHOLE MEETING. PG. 533-541
CONTINUED PUBLIC HEARING CASE//93-058: JAMES &
CATHERINE VEIT, 2563 LOST LAKE ROAD, LOT 18,
BLOCK 1, LOST LAKE ADDITION, PID g24-117-24 22 0032.
~: VACATION OF A DRAINAGE EASEMENT. PG. 542-577
_~.S.~.__~: DENNIS & MARY BRENNY, 4909 THREE POINTS
BLVD., LOT 3, BLOCK 4, SHADYWOOD POINT, PID #13-117-
24 11 0008.
~: VARIANCE FOR DECK. PG. 578-593
RECOMMENDATION FROM PLANNING COMMISSION TO FILL VACANCY
ON THE COMMISSION. PG. 594-599
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
PUBLIC LANDS PERMITS - BATCH #2 - PRIVATE STRUCTURES ON
DOCK SITES, i.e. STAIRWAYS OR OTHER ENCROACHMENTS
ON PUBLIC LANDS. PG. 600-612
RF~OLUTION APPROVING AN AGREEMENT FOR THE INSTALLATION
OF A FISHING PIER AT CENTERVIEW BEACH & AUTHORIZING THE
MAYOR AND CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE
OF MINNESOTA. PG. 613-626
531
10.
11.
12.
1993 DEPARTMENT HEAD ANNUAL REPORTS:
JOEL KRUMM, LIQUOR STORE MANAGER
JON SUTHERLAND, BUILDING OFFICIAL
LEN I-IARRELL, POLICE CHIEF
GINO BUSINARO, FINANCE DIRECTOR
LICENSE RENEWALS:
HEADLINERS BAR & GRILL - PUBLIC DANCE PERMIT
ENTERTAINMENT
PAYMENT OF BILLS.
INFORMATION/MISCELLANEOUS
Ao
Financial Report for January 1994, as prepared by
Gino Businaro, Finance Director.
LMCD Mailings. (Please note February LMCD Report
from Bill Johnstone, Chair, LMCD.
Letter from Community Builders regarding application
for funding from MHFA. The application has been
rejested. This pertained to a lease to purchase
program for single family dwellings for low to
moderate income persons.
League of Minnesota Cities (LMC) annual Legislative
Conference is scheduled for Thursday, March 24,
1994, in St. Paul. Please note agenda. If you
are interested in attending, please let Fran know
ASAP.
E. Memo from LMLOA re: multiple dock license fees.
REMINDER: No COW Meeting March 15, 1994. Next
COW Meeting is April 10, 1994, at 7:30 P.M.
REMINDER1 City Offices closed Monday, February 21,
1994, in observance of President's Day.
H. Park Commission Minutes of February 10, 1994.
I. Planning Commission Minutes of Feburary 14, 1994.
PG. 627
PG. 628-641
PG. 642-671
PG. 672-691
PG. 692-710
PG. 711-712
PG. 713-722
PG. 723
PG. 724
PG. 725-726
PG. 727-736
PG. 737-745
532
Mound City Council Minutes February 8, 1994
MINUTES - MOUND CITY COUNCIL - FEBRUARY 8, 1994
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
February 8, 1994, 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. Shukle, Jr., City Clerk
Fran Clark, City Attorney Curt Pearson, Building Official Jori Suthedand, Utility Superintendent
Greg Skinner, Park Director Jim Fackler, Fire Chief Don Bryce and the following interested
citizens: Roger Dolliff and Judy Bryce.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
MOTION made by Jensen, seconded by Smith to approve the Minutes of the
January 25, 1994, Regular Meeting, as submitted. The vote was unanimously in
favor. Motion carried.
1.1
PUBLIC HEARING: CASE//94-04: ROGER DOIJ.IFF, 5533 SHORELINE DR.
{CO$SETTE PROPERTY), LOTS 5 & 6, AUDITOR'S SUBD.//170, PID//13-117-24
~3 0076, REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW A
COMMERCIAL PARKING LOT IN THE B-1 CENTRAL BUSINESS DISTRICI'
The Building Official explained the request. The Planning Commission recommended approval
with conditions. The Council discussed the current Conditional Use Permit as it relates to
approval of this one. The Attorney advised that if the Council approves this tonight, the current
Conditional Use Permit would no longer be in effect and the current use would no longer be
legal. He suggested that the Council could hold the public hearing and table action on this item
until Mr. Dolliff has completed the purchase of the building. The Council agreed and the
consensus of the Council was to approve the CUP at that time.
The Mayor opened the public heating. There were no comments. The Mayor closed the public
heating.
MOTION made by Smith, seconded by Jensen to table action on this item until Mr.
Dolliff is ready to proceed. The vote was unanimously in favor. Motion carried.
Mound City Council Minutes February 8, 1994
1.2 PUBLIC LANDS PERMIT
The Building Official explained that these next two items are being brought back to the Council
from the last meeting with the appropriate resolutions as directed by the Council.
Smith moved and Jensen seconded the following resolution:
RESOLUTION 094-22
RESOLUTION DIRECTING STAFF TO REMOVE
PRIVATE STRUCTURES FROM PUBLIC LANDS,
DENYING A SPECIAL PERMIT FOR AN EXISTING
LIGHT AND APPROVING A SPECIAL PERMIT FOR
BIRD FEEDER ON WAURIKA COMMONS
ABUTTING 1550 CANARY LANE, LOTS 3, 4, AND
PART OF 2, BLOCK 4, WOODLAND POINT, DOCK
SITE 001900
The vote was 4 in favor with Ahrens voting nay. Motion carried.
1.3 PUBLIC LANDS PERMIT
Jessen moved and Jensen seconded the following resolution:
RESOLUTION 094-23
RESOLUTION TO APPROVE A SPECIAL PERMIT
FOR PRIVATE STRUCTURES ON PUBLIC LANDS
FOR A STAIRWAY AND SHED AND DENYING A
SPECIAL PERMIT FOR A LIGHT ON WAURIKA
COMMONS ABUTTING 1558 DOVE LANE, LOT 4,
BLOCK 3, WOODLAND POINT, DOCK SITE
//01980
The vote was 4 in favor with Ahrens voting nay. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.4 1993 DEPARTMENT HEAD ANNUAL REPORTS
The following Department Heads presented their 1993 Annual Reports to the Council:
Park Director Jim Fackler, Water, Sewer & Street Supt. Greg Skinner, Fire Chief Don Bryce,
and City Clerk Fran Clark.
Mound City Council Minutes
1.5 PROCLAMATION DECLARING MARCH 6-13,
AMERICA WEEK IN THE CITY OF MOUND
1994,
February 8, 1994
VOLUNTEERS OF
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION g94-24
PROCLAMATION DECLARING MARCH 6-13, 1994,
VOLUNTEERS OF AMERICA WEEK IN THE CITY
OF MOUND
The vote was unanimously in favor. Motion carried.
1.6 PREMISE PERMIT - LAWFUL GAMBLING
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//94-25
RESOLUTION APPROVING A PREMISE PERMIT
APPLICATION FOR AMERICAN LEGION POST
//398 - 2333 WILSHIRE BLVD.
The vote was unanimously in favor. Motion carried.
1.7 LICENSE RENEWALS: GARBAGE & REFUSE HAULER AND CIGARETTE
The City Clerk reported that the following are up for renewal:
Garbage & Refuse Hauler:
Blackowiak & Son
Randy's Sanitation
Westonka Sanitation
Woodlake Sanitary Service, Inc.
Cigarette:
American Legion Post//398
Brickley's Market
Headliners Bar & Grill
Jubilee Foods
John's Variety & Pets
Meyer's Service
Mound Municipal Liquor
PDQ Food Store ~292
R & R Bait Shop
SuperAmerica//4194
Thrifty White Drug//704
VFW Post//5113
Mound City Council Minutes February 8, 1994
MOTION made by Smith, seconded by Ahrens to authorize the issuance of the
above licenses contingent upon ali required forms, insurance, etc. being submitted.
The vote was unanimously in favor. Motion carried.
1.8 SET BID OPENING DATE FOR 1994 LIFt STATION IMPROVEMENT PROJECT
MOTION made by Smith, seconded by Ahrens to set March 10, 1994, at 11:00 A.M.
for opening of bids for the 1994 Lift Station Improvement Project. The vote was
unanimously in favor. Motion carried.
1.9 PAYMENT OF BILLS
MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as
presented on the pre-list in the amount of $208,019.17, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
1.10 SET PUBLIC HEARING - CDBG FUNDS
MOTION made by Ahrens, seconded by Jensen to set March 22, 1994, for a Public
Hearing on CDBG Funds. The vote was unanimously in favor. Motion carried.
INFQRMATION/MISCELLANEOUS
A. Department Head Monthly Reports for January 1994.
B. LMCD Representative's Monthly Report for January 1994.
Notice from the Metropolitan Waste Control Commission (MWCC) RE: Final Draft
Report of the Centralization/Decentralization Study. MWCC will be holding public
information meetings on this subject with the nearest location being Minnetonka City
Hall, Wednesday, February 23, 7-9 P.M.
De
Material from Councilmember Liz Jensen on economic development seminar that she
attended in Orlando at the National League of Cities Conference, December 1993.
E. Economic Development Commission Minutes of January 20, 1994.
Fo
The Park & Open Space Commission held a special workshop on Saturday, January 29,
1994. Here is a summary of what was discussed.
Update from Minnegasco on its pending rate case before the Minnesota Public Utilities
Commission OVlPUC).
Mound City Council Minutes
H.
February 8, 1994
Letter from the Board of Government Innovation & Cooperation RE: City of Minnetrista
and City of Mound application for funds to cover costs associated with the development
of the Minnetrista Public Works storage site to be used jointly by Minnetrista and
Mound. We were not funded.
I. Letter from Senator Paul Wellstone RE: our letter on unfunded mandates.
REMINDER: "Save the Lake" Recognition Banquet is scheduled for February 17,
1994, at Lord Fletcher's. Please let Fran know by February 14, if you wish to
attend.
ge
REMINDER: Committee of the Whole Meeting, Tuesday, February 15, 1994, 7:30
P.M.
REMINDER: City Offices closed Monday, February 21, 1994, in observance of
President's Day.
M. LMCD Mailings.
The Council discussed lakeshore light fixture regulations and the public hearing that the
LMCD on February 23rd. They discussed the light that is currently at Highland Park
on the end of Highland Blvd. The City Manager suggested removal of the light, stating
that NSP has been out and done what they could and it appears it is still offensive. The
Council then discussed asking the Park Commission to review this light from the
recreational point of view. They also discussed the Park Commission having an
informational meeting with the residents of the area and explaining that the light is
offensive to people using the lake and the Council would like to see the light changed and
a different type of light installed. The suggestion was made that the light shine up the
hill away from the lake.
There was discussion about lighting regulations being long range planning, because if
everyone on the lake had a light it would be difficult to navigate on the lake at night.
Councilmember Ahrens stated that the Park Commission has looked at this before and
she sees the problem as being that the post that the light is on is too far way from where
the docks are.
The Council decided that they cannot accomplish what they want with the light where it
is and there is a need to look at other alternatives, i.e. move the light and have it shine
up the hill, remove the light or turn the light off all together.
The Council asked that Staff find out how much it would cost to move the light closer
to the lake and have it face up the hill rather then shine out onto the lake. This
information will be discussed at a Committee of the Whole Meeting.
Mound City Council Minutes
N. February calendar.
MOTION made by Jessen, seconded by Smith to adjourn at 8:55 P.M.
was unanimously in favor. Motion carried.
February 8, 1994
The vote
Edward J. Shukle, Jr., City Manager
Attest: City Clerk
MINUTES - COMMITTEE OF THE WHOLE MEETING - FEBRUARY 15, 1994
The meeting was called to order at 7:30 PM. Members present: Mayor Skip Johnson,
Councilmernbers Smith, Ahrens, Jensen and Jessen. Also present: Mark Koegler, City Planner
and Ed Shukle, City Manager.
Ed Shukle, City Manager, introduced the subject of Park Dedication Fees. He explained that
this issue had come to the Committee of the Whole meeting because the Council directed that
further study be made of this section of City Code relating to subdivision of lots and the Park
Dedication Fee that is currently required within subdivisions whether they be major or minor
and whether they be residential or commercial and industrial. He introduced Mark Koegler,
City Planner, who reviewed a memorandum dated February 14, 1994 on Park Dedication
requirements. Koegler indicated that his review provided an overview of the Park Dedication
issues that have occurred during the past two years. He wanted to obtain additional input from
the City Council for further review and analysis prior to this matter being discussed at the
Planning Commission. He indicated that over the past couple of years, three principal issues
have arisen regarding Park Dedication requirements. They are:
Collection of park fees for minor subdivisions
Amount of park fees charged for industrial and commercial developments
Amount charged for residential developments
The City of-Mound's current park dedication requirements are found in Section 330:120 in the
Mound City Code. The ordinance requires park dedication either in the form of land or cash
in lieu of land equivalent to 10% of the fair market value of the land. Koegler indicated that
the 10% dedication in Mound's ordinance is comparable to most ordinances used throughout the
Metropolitan area. The City Council's discussion was as follows:
The City Council felt that the $500 fee or the 10% number is a rate and could be
changed up or down by the Council
Council discussed setting a fee for minor lot splits in residential areas
Council discussed lots that currently have a structure on one part of the lot and
subsequently a subdivision takes place and under the current ordinance we require two
$500 fees or $1000 to split the lot in two. Council discussed the idea of only charging
one fee to cover the newly created lot, i.e. $500, etc.
With regard to the commercial and industrial property, the Council consensus was to keep this
language as it is. With regard to residential developments, Koegler pointed out that at the
present time Mound's ordinance requires a 10% residential park dedication or cash in lieu of
land in an amount not less than $500 per lot. Typically, a $500 fee has commonly been imposed
just as it has been imposed on minor subdivisions. Koegler stated that throughout the
metropolitan area, Mound's fee is probably on the "slightly low to average side." Council
agreed that further investigation be done with communities comparable to the City of Mound.
The discussion was concluded by basically stating that the Council does agree that a park
COMMI'rri~ OF THE WHOLE MINUTES - FEBRUARY 15, 1994
dedication fee must be imposed. The type of fee, the amount and other related issues require
further exploration by the City Planner and the Planning Commission. The City Planner is to
take the Council's input and bring it the Planning Commission for further review and study.
The Council's consensus was that the Planning Commission review the ordinance based on the
above information provided by the Planner and the comments made by the City Council. The
Planning Commission is directed to return this matter back to the City Council at a later date
with its recommendation.
Performance evaluation systems were discussed. More information will be available on this item
at a later date.
The Priest Bay light issue was briefly discussed. City Manager, Ed Shukle, reported that NSP
had not been out to the end of Highland Boulevard as of yet to adjust the light or to replace it.
He indicated that a "cobra" type of light could be placed at the area flooding the hill and dock
area without a beam going directly out onto the lake. This may take care of the problem. He
will keep the City Council informed on the matter.
The issue of a full time fire marshal was briefly discussed. Ed Shukle, City Manager, indicated
that this item had been briefly discussed at the last regular City Council meeting. Mayor
Johnson indicated that he did not consider the potential position a full time fire marshal position.
Rather, it would be a fire marshal position which could be somewhere between part time and
full time. Councilmember Smith indicated that he would get some information from the city of
Clear Lake,. California, where a relative is on the fire department in that city. The City
Manager indicated that this matter had been discussed at the staff meeting of February 15th,
where a suggestion had been made to make the fire chief position full time to encompass not
only the handling of the fire department, but also inspection services and hazardous materials
management. The City Manager stressed that the needs would have to be identified by the fire
department and building departments of not only Mound, but the cities who currently are part
of the fire service area. In addition, public safety is being studied as part of the Area Cities
Cooperation Study and this matter could also fit as a topic of discussion within that framework.
This matter will be pursued by staff.
Councilmember Jensen led discussion with regard to goal setting items. Council went through
the list and updated it and provided some direction to the City Manager as to certain items that
need to be pursued. This list will continue to be discussed at future Committee of the Whole
meetings.
The City Manager updated the City Council on the Hanus vs. City of Mound litigation. He
pointed out that Judge Albrecht had ruled on the equal protection issues and found that the City
sustained in all areas. Mr. Hanus is going to be required to remove the boathouse on or before
January 15, 1995. He also distributed copies of the partial summary judgment that was issued
by Judge Albrecht in October of 1993. He indicated that putting both judgment orders together,
you have one complete package and it tells a very clear story as to the City's position on
2
.... i Il,. J ~i ,,I
CON~WFI'EE OF THE WHOLE MINUTES - FEBRUARY 1~, 1994
Commons. A press release that had been drafted regarding the case was reviewed and accepted
by the Council. The press release, as well as the related information, has been communicated
to "The Laker' newspaper for publication. The purpose of the press release is to clearly
present the facts and the outcome of the case.
It was noted that there was no meeting scheduled for March 15, 1994 since four of the five
councilmembers will be either attending the National League of Cities in Washington, DC or
will be on vacation. The next Committee of the Whole meeting is scheduled for Tuesday, April
19, 1994, 7:30 pm, Mound City Hall.
Upon motion by Smith, seconded by Jensen and carried unanimously, the meeting was adjourned
at 10:05 pm.
~u~tfully submitted,
City Manager
ES:Is
3
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
February 14, 1994
CASE #93-058: JAMES 8,. CATHERINE VEIT. 2563 LOST LAKE ROAD, LOT 18, BLOCK
1, LOST LAKE, PID #24-1117-24 22 0032. EASEMENT VACATION,
The Building Official explained that the applicants originally came to the Planning Commission
with a request to vacate the full portion of the easement, now it has changed to involve the
northerly 45 feet of the lot as shown on the revised description. In addition, a great deal
more information has been supplied on the survey to help the City Engineer with his review.
City Engineer, John Cameron, distributed a memorandum to the Commission which clarifies
that his memo to Jon Sutherland dated 2-8-94 is not a "recommendation," and that he was
only making a statement of fact.
He also referred to a copy of State Statute 412.851 relating to "Vacation of Streets" which
he received from Curt Pearson, City Attorney. Cameron referred to a highlighted portion of
the statute, which states, "No such vacation shall be made unless it appears in the interest
of the public to do so after a hearing preceded by two weeks published and posted notice."
Cameron reviewed the revised survey dated 1-21-94 on the overhead and indicated the area
of the existing detention pond. The size of the current pond would not meet current
requirements if this subdivision were proposed today. He then indicated the extra area
needed to expand the pond which is double the size of the current pond in order to meet
today's requirements. In order to get the pond size needed, the pond would have to extend
into the City property to the west. Due to the existing contour line, and the lack of easement
area, the pond could not be extended to the north. The paved walkway to the south, which
has a 10 foot wide easement, obstructs extension to the south. Therefore, the practical
extension of the pond would be to the west.
3
Planning Commission Minutes ~_~-~
February 14, 1994
Cameron also reviewed the need to retain perimeter easements for drainage and utility as
existing on the balance of the lot,
Weiland questioned if the walkway could be raised with a bridge or culvert. Clapsaddle
. questioned how much area would be gained if the walkway was raised, Cameron noted that
it could possibly account for half of the extra area needed.
Cameron does not know why this area became an easement versus an outlot as originally
proposed in the plat application,
Staff noted that the walkway cannot be moved without first obtaining a new easement.
Cameron explained that the natural outlet of the pond would be to the north west corner of
the extended pond as shown on the overhead, having the outlet in this location allows more
area for sedimentation, Sedimentation is one of the reasons why the ponding size
requirements have increased,
Mueller confirmed with John Cameron that he believes the natural progression of the holding
pond is to the west, onto City property.
Catherine Veit, applicant, stated that she believes they have proven the fact that the portion
of the easement to be vacated is not needed for drainage, as required by State Statute
505.02, which states, "The purpose of any easement shown on the plat must be clearly
stated, and shall be confined to only those that deal with public utilities, and such drainage
easements as deemed necessary for the orderly development of the land encompassed within
the plat."
Cameron noted that State Statute 505.02 talks about diverting water from other areas into
this pond, and when he did his calculations to determine the required size of the holding
pond, he basically only considered the drainage area within the Lost Lake Subdivision with
the exception of one small piece of land to the east of the Subdivision.
It is the Veit's opinion that a bridge could not be constructed where the walkway is, because
that would be considered a structure.
Ms. Veit believes it is in the public's best interest to vacate the easement, because if it is not
vacated there will be a very tall retaining wall which will not look very nice.
Cameron clarified that the portion of the easement requested to be vacated is up to the south
line of the walkway easement. He suggested that a 5 foot wide easement be retained to the
south of the walkway easement to allow for drainage and a separation between the driveway
and walkway.
Hanus suggested that the house be shifted towards the rear. Ms. Veit stated that this
cannot be done due to soil conditions and the line up of the other houses.
Plann/ng Corem~ss~on M/nutes ~
February I4, 1994
Mueller expressed, in his opinion, due to the natural extension of the pond being to the west,
and by allowing the construction of this house with the extra tuckunder garage, it is good
for the public because this would reduce exterior storage and maintain the integrity of the
neighborhood.
The Building Official questioned the setback to the northwest property line which is shown
at 12.44 feet, his concern was that this may be considered a rear yard and the required
setback would then be 15 feet. The Building Official will verify this setback requirement with
the City Planner.
MOTION made by Hanus, seconded by Mueller to recommend approval of the
easement vacation with the finding of fact that sufficient information has been
provided to prove that the City is not going to be needing this portion of the
easement for drainage in the future, and it is in the public's interest as it is not
a detriment to the public not to have this easement. Approval is contingent
upon the amendment of the description for the easement to be vacated, as
follows:
"That part of the drainage easement dedicated to the public in Lot 18, Block 1,
LOST LAKE, which lies southerly of the northerly 4re-~0 ~50.00 feet of said Lot
18, and to also include a 10 foot drainaqe and utility_ easement at the remainina
_oerimeter lines, not includinq the line abuttinq the walkway.
Voss believes it is in the City's best interest to retain the easement for future use.
Clapsaddle feels this is a false problem as this site does not dictate the proposed house
configuration, however, he will probably vote in favor of the motion because he does not feel
it is a detriment to the City to vacate the easement.
Weiland agreed with Voss, and believes that State Statute 412.851 applies as it is not in the
interest of the public to vacate the easement.
Mueller stated, in his opinion, State Statute 412.851 does not apply to the vacation of
"easements." The title of this section is "Vacation of Streets." This is private property with
an easement on it. Mueller also stressed that the City Engineer stated that this easement
area is not necessary. The City Engineer clarified that he stated, it does not "appear" that
it is necessary, and it is not a logical extension of the pond due to existing conditions.
February 14, I994
Hanus moved to amend his motion to read as follows:
MOTION made by Hanus, seconded by Mueiler to recommend approval of the
easement vacation with the finding of fact that sufficient information has been
provided to prove that the City is not going to be needing this portion of the
easement for drainage in the future, =~. .o ... ,..,, c, ...,,,.,~o, ,~*., .... ,,
. .: ...... ~. .... ~.,:A -A, -~ ~- ..... ~-; ..... d th St St
. ~c: ........ t ......r- ........................ c.~.,,n* an at ate atute
412.851 entitled 'Vacation of Streets' is not relevant to this case. Approval is
contingent upon the amendment of the description for the easement to be
vacated, as follows:
"That part of the drainage easement dedicated to the public in Lot 18, Block 1,
LOST LAKE, which lies southerly of the northerly 4F~O0 ~ feet of said Lot
18, and to also include a 10 foQt drainage and utiliW easement at the remainina
perimeter lines, not includin~ the line abuttin~ the walkway._
Jensen commented that she does not believe the City Attorney would not have brought the
Statute to the attention of the Planning Commission if he did not think it applied. She will
not support the motion because the house was not designed to fit the lot. She also sees that
approval of this application could set a precedence for others to request a vacation just to
fit their needs.
The motion failed 3 to 5. Those in favor of the motion were: Hanus, Mueller
and Clapsaddle. Those opposed were: Johnson, Weiland, Michael, Voss, end
Jensen.
This recommendation will be reviewed by the City Council on February 22, 1994.
Mueller asked that it be known that it is his opinion that in no way does he feel this
easement area is public grounds, a public way, or park thereof, and according to the Statute,
which states,. · · "the owners of land abutting on the street, alley, public grounds" may ask
to vacate these properties, therefore, State Statute 412.851 "Vacation of Streets" does not
apply to the vacation of an easement on private property.
Certificate of Survey for '
James & Cathy Vett
of Lot 18, Block 1, LOST LAKE
Hennepln County, Minnesota
m
m
m
m
I
I
_.. I
I
I
I I I0
!
' I
LEGAL DESCRIPTION OF PREMISES:,
.Lot. [8, Block 1,.LO~T LAKE.
This survey intends to show the boundaries
of the above described property, and the
proposed location of a proposed house. It
does not purport to Show any other improve-
· merits or encroachments.
& ,4
TOPOGRAPHIC DETAIL FOR
JAMES AND CATHY VEIT
IN BLOCK 1, LOST LAKE
HENNEPIN COUNTY. MINNESOTA
J
I
/
I
I /
\
I
I
o: denotes iron marker
(m.s): denotes existlng spot elevation, mean sea level datum.
: denotes existing contour, mean sea level datum.
All bearings are based upon an assumed datum.
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Jon Sutherland, City of Mound
John Cameron
February 14, 1994
Proposed DrainaGe Easement Vacation
Case #93-05
MFRA #8902
Telephone Engineers
612/476-6010 Planners
612/476-8532 FAX Surveyors
It has been brought to my attention that my memo to you and the
City, dated 02/08/94, may have been misleadinG to the extent that I was
recommendinG approval of the subject vacation. This was not my
intention; I was only makinG a statement of fact and not a
recommendation.
In addition, I am enclosinG a copy of the State Statute coverinG
vacations. As you will note, Curt Pearson requests the PlanninG
Commission and City Council have this before them when makinG a
decision.
An Equal Opporlunity Employer
411.6)1 STATe.OR% CITIES
412.791
412.801
412,811
412.821
[Repealed, 1067 c 289 s
[Repealed. 1967 c 289 s 18]
[Repealed, 1967 c 289 s 18]
[Repealed. 1967 c 289 s 18]
GENERAL AND MISCELLANEOUS
412.831 OFFICIAL NEWSPAPER.
The council shall, annually at its first meeting of thc year. designalc a legal newspa-
per of general ¢irculalion in the city as its o~cial ncv,'spaper, in which shall be published
such ordinances and other matters as arc required by law to be so publi,:hed and such
published in this manner.
HlstorT; 1949 c 119 s I00; 1973 c 12.~ art 2 s 1 sul,d 2
412.841 [Regaled, 1976 c 44 s 701
412.851 VACATION OF ~REE~.
The council may b) resolution vacate any s~reet, alley, public grounds, public ~ay,
or any pa~ thereof, on its o~n motion or on petition ora majority ortho owners of land
abutting on thc street, nile)', public younds, public wa~, or pan thereof to be vacated.
When there has been no petition, ~h~csolution ma~ bc adopted onl~ b~ a vote of four-
fifths of all members or the council~o such vacation shall be made u~less it appears
in the intercs~f the ~ublic to do ~o af~ring pr~eded_b~_ ~'o ~'~:. puons~d
a~ ~le~ndii~'~-~ouncii~fiall ~~-0tice of [he hcafin~ to ~,mail~d
I~h pr~pe~: owner affected by the proposed vacatt~at
hearing. The notice must contain, at minimum, a copy o~tne peuuon ~r ~rupu~cu
--- lution as well as the time, place, and date or,he hearing. In addition, ifthe street, aney,
-,~ public grounds, public way, or any pan thcrcoftermina?~ ax or a~uts upon
ls'ate , no vacation shall ~ made unless written notice otm~tit~o~ or pro~se~
~'*lution is se~ed by certified mail upon lhe commissioner ? natural t?ource~ ax
· n ~a,,s before thc hcafino on the mauer. The notice ~o Inn commsss~oncr o~ na~ura~
g- .~ ..... missioner After a resolution of vacalion is aaopted, thc c~er~ Snal~ prep
description of the real estate and lands affected thereby. The not~cc sna~ ~ presentco
Io the count audilor who shall enter the ~me in the transfer records and note
the inst~m~nl, over o,cial signature, the words 'entered in the transfer record.'
notice shall ihen be filed with the county recorder. An~ failure to file the notice shall
not invalidate an)' such vacation proceedings.
Histor)': 1949 c 119 $ 102; 1953 c 735 s 12:1957 c 38.~ s 1; 1967 c 289 s I5; 1969
c 9 s 85; 1973 c 12:7 art 2 s I subd 2:1973 c 494 s I1:1976 c 181 s 2:1986 c 444:1989
c 183s 4; 1990 c 4t3 s 2
412.861 PROSECUTIONS, VIOLATIONS O1:' ORDINANCES.
Subdivision I. Complaint. All prosecutions for violation of ordinances shall be
brought in the name of the city upon complaint and warrant as in other criminal cases.
If the accused be arrested without a warrant, a written complaint shall thereafter be
made, to which the accused shall be required to plead, and a warrant shall issue thereon.
The warrant and all other process in such cases shall be directed for service to an)' police
of Rcer, marshal, process of~cer, court officer, or constable of an)' town or cie)' in the
cOunty, to the sheriff of the county, or all of them.
Subd. 2. Form and contentg ol'cnmplaint. It shall be a sufRcient pleading of the ordi-
nances or resolutions of thc city to refer to them b)' section and number or chapter.
The.~
denc.
plain
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awar
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arl 2
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02/14/94 13:28 FAX 612 473 6002 ANCHOR SClENTIFI *',***~ CITY OF MOUND [~001
COPY'TO:
FAX TRANSMITTAL
COFFIN& GRONBERO. lng
ENGINEEP~g LAND SURVKYOI~g PCANNER~
LONG LAKE, ~KSOTA
(FAX#) 4~3.~00~
(OFFICe#) 473.4141
PLANNING COMMISION
2-14-94
# OF'PAOES INCI,ITDING THIS COVER PAGE:
.~2/14/9t 13:28 F.,~i~ 612 473 6002
.UqCHOR SCIEI~rIFI *** CITY OF MOUND
~00~
COFFIN & ORONBF. RG, INC.
LONG ~ ~. ~
2-14-94
Proposed drainage easement vacation for
James & Cathy Velt
in Lot 18, Blocg 1, LOST LAKE
Henneptn County, Minnesota
DESCRIPTION OF'PART OF DRAINAGE EASEMENT ~0 BE VACATED'
That p~ttof the drainage easement dedicated to the public in
Lot 18, Block 1, LOST LAKE, which lies southerly of the northerly
45.00 feet of said Lot 18.
McCombs Frank Moos Associates, Inc.
15050 23rcl Avenue NorUq. Plymouth, Minnesota 55447
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Jori Sutherland, City o{ Mound
John Cameron
February 8, lgg4
Proposed Drainage Easement Vacation
Case {93-05
MFEA #8902
Telephone Engineers
el 2/478-~010 Plannerl~
Sl 2/47~'8552 FAX Surveyo~
We have reviewed the revised survey dated 01/21/94and submitted to
our office on 02/01/94, and have the following comments:
Approximately 75% of the existing detention pond ts located within
the drainage easement on Lot 17. The only area available for
expansion outside of the easement in question on Lot 18 would be
the City property to the west between the present pond and the
wetlands of Lost Lake. The size of =he existing pond could be more
than doubled utilizing the Cl~y property without extending beyond
the 932 contour as shown on the latest survey. Under present
design standards, this expansion would be more than adequate~
therefore, /~t does not appear that the portion of =he dralnege
easement on Lot 18 requested to be vacated is necessary.
If the drainage easement vacation is approved, the description
should match the one used for the walkway easement. The north line
of the vacated drainage easement should be the same as the south
line of the walkway easement. I also question whether the
description may be vacating the drainage portion of the drainage
and utility easements on the remainder of the lot. This should
be checked and approved by the City Attorney before anything
made of record.
An Equal Oppollunily Em~owr
MINUTES - MOUND CITY COUNCIL - JANUARY 25, 1994
1.1
CONTINUF. r~ PUBUC HEARING CASE g93-088: TO CONSIDER THE
VACATION OF A DRAINAGE EASEMENT LOCAT~~-D AT 2~63 LOST LAKE
]~OAD. LOT 18. BLOCK 1. LOST LAKE ADDITION. PIl) dr24-117-24 22
The Building Official stated that the applicant has not yet supplied the information necessary for
the Planning Commission to review. Therefore, there is no recommendation from the Planning
Commission.
The Mayor opened the public hearing.
MOTION made by Smith, seconded by Ahrens to continued this public hearing to
the second meeting in February (February 22, 1994), to enable the Planning
Commission to review further Information that is to be submitted by the applicant.
'I'ne vote was unaoimously in favor. Motion carried.
645.14 INTERPRETATION OF STATUTES
1448
645.14 TIME; COMPUTATION OF MONTHS.
When, in any law, the lapse of a number of months before or after a certain day
is required, such number of months shall be computed by counting the months from
such day, excluding the calendar month in which such day occurs, and including the
day of the month in the last months so counted having the same numerical order as the
day of the month from which the computation is made, unless there be not so many
days in the last month so counted, in which case the period computed shall expire with
the last day of the month so counted.
History: 1941 c 492 s 14
645.15 COMPUTATION OF TIME.
Where the performance or doing of any act, duty, matter, payment, or thing is
ordered or directed, and the period of time or duration for the performance or doing
thereof is prescribed and fixed by law, the time, except as otherwise provided in sections
645.13 and 645.14, shall be computed so as to exclude the first and include the last day
of the prescribed or fixed period or duration of time. When the last day of the period
falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the compu-
tation.
History: 1941 c 492s 15; 1981 c l17 s 1
645.151 TIMELY DELIVERY OR MAILING.
When an application, payment, return, claim, statement or other document is to
be delivered to or filed with a department, agency or instrumentality of this state or of
a political subdivision on or before a prescribed date and the prescribed date falls on
a Saturday, Sunday or legal holiday, it is timely delivered or filed if it is delivered or
filed on the next succeeding day which is not a Saturday, Sunday or legal holiday.
History: 1981 c 117 s 2
CONSTRUCTION OF LAWS
645.16 LEGISLATIVE INTENT CONTROLS.
The object of all interpretation and construction of laws is to ascertain and effectu-
ate the intention of the legislature. Every law shall be construed, if possible, to give
effect to all its provisions.
When the words ora law in their application to an existing situation are clear and
free from all ambiguity, the letter of the law shall not be disregarded under the pretext
of pursuing the spirit.
When the words of a law are not explicit, the intention of the legislature may be
ascertained by considering, among other matters: (1) The occasion and necessity for the law;
(2) The circumstances under which it was enacted;
(3) The mischief to be remedied;
(4) The object to be attained;
(5) The former law, if any, including other laws upon the same or similar subjects;
(6) The consequences of a particular interpretation;
(7) The contemporaneous legislative history; and
(8) Legislative and administrative interpretations of the statute.
History: 1941 c 492 s 16
645.17 PRESUMPTIONS IN ASCERTAINING LEGISLATIVE INTENT.
In ascertaining the intention of the legislature the courts may be guided by the fol-
lowing presumptions:
1449
or u
or (
in'
certain day
~onths from
~cluding the
order as the
lOt so many
expire with
or thing is
~ce or doing
t in sections
the last day
f the period
the compu-
ument is to
faeState or of
te falls on
livered or
nd effectu-
le, to give
clear and
he pretext
re may be
' subjects;
INTERPRETATION OF STATtYrK~ 645.24
449
(1) The legislature does not intend a result that is absurd, impossible of execution,
or unreasonable;
(2) The legislature intends the entire statute to be effective and certain;
(3) The legislature does not intend to violate the constitution of the United States
or of this state;
(4) When a court of last resort has construed the language of a law, the legislature
in subsequent laws on the same subject matter intends the same construction to be
placed upon such language; and
(5) The legislature intends to favor the public interest as against any private inter-
est.
History: 1941 c 492 s 17
645.18 GRAMMAR; SYNTAX; ELLIPSIS.
Grammatical errors shall not vitiate a law. A transposition of words and clauses
may be resorted to when a sentence is without meaning as it stands. Words and phrases
which may be necessary to the proper interpretation of a law and which do not conflict
with its obvious purpose and intent nor in any way affect its scope and operation may
be added in the construction thereof.
History: 1941 c 492 s 18; 1979 c 8 s 1
645.19 CONSTRUCTION OF PROVISOS AND EXCEPTIONS.
Provisos shall be construed to limit rather than to extend the operation of the
clauses to which they refer. Exceptions expressed in a law shall be construed to exclude
all others.
History: 1941 c 492 s 19
645.20 CONSTRUCTION OF SEVERABLE PROVISION.S., not be severable, the
Unless there is a provision in the law that the provisions snail
provisions of all laws shall be severable. If any provision of a law is found to be uncon-
stitutional and void, the remaining provisions of the law shall remain valid, unless the
court finds the valid provisions of the law are so essentially and inseparably connected
with, and so dependent upon, the void provisions that the court cannot presume the
legislature would have enacted the remaining valid provisions without the void one;
or unless the court finds the remaining valid provisions, standing alone, are incomplete
and are incapable of being executed in accordance with the legislative intent.
History: 1941 c 492 s 20
645.21 PRESUMPTION AGAINST RETROACTIVE EFFECT.
No law shall be construed to be retroactive unless clearly and manifestly so
intended by the legislature.
History: 1941 c 492 s 21
645.22 UNIFORM LAWS.
Laws uniform with those of other states shall be interpreted and construed to effect
their general purpose to make uniform the laws of those states which enact them.
History: 1941 c 492 s 22
645.23 [Renumbered 611A.05]
645.24 PENALTIES FOR EACH OFFENSE.
When a penalty or forfeiture is provided for the violation of a law, such penalty
or forfeiture shall be construed to be for each such violation.
Histol~: 1941 c 492 s 24
6d5.451 INTERPRETATION OF STATUTES
1456
Subd. 2. "Minor" means an individual under the age of 18.
Subd. 3. "Adult" means an individual 18 years of age or older.
Subd. 4. "Minority" means with respect to an individual the period of time during
which the individual is a minor.
Subd. 5. "Majority" means with respect to an individual the period of time after
the individual reaches the age of 18.
Subd. 6. "Legal age" or "full age" means 18 years of age or older.
History: 1973 c 725 s 84
645.452 DISABILITIES OF MINORITY, TERMINATION AT AGE 18.
Except as otherwise provided by statutes, every disability of minority at common
law shall cease when a person reaches 18 years of age.
History: 1973 c 725 s 85
645.46 REFERENCE TO SUBDIVISION.
Wherever in the Minnesota Statutes or any legislative act a reference is made to
a subdivision without stating the section of which the subdivision referred to is a part,
the reference is to the subdivision of the section in which the reference is made.
History: 1947 c 201 s I
645.47 REFERENCE TO PARAGRAPH.
Wherever in the Minnesota Statutes or any legislative act a reference is made to
a paragraph without stating the section and subdivision of which the paragraph referred
to is a part, the reference is to the paragraph of the subdivision in which the reference
is made.
History: 1947 c 201 s 2
645.48 USE OF THE WORD "TO" WHEN REFERRING TO SEVERAL SEC-
TIONS.
Wherever in the Minnesota Statutes or any legislative act a reference is made to
several sections and the section numbers given in the reference are connected by the
word "to," the reference includes both the sections whose numbers are given and all
intervening sections.
History: 1947 c 201 s 3
645.49 HEADNOTES.
The headnotes printed in boldface type before sections and subdivisions in edi-
tions of Minnesota Statutes are mere catchwords to indicate the contents of the section
or subdivision and are not part of the statute.
History: 1984 c 480 s 20
645.51 GENDER REVISION OF 1986.
The amendments adopted by Laws 1986, chapter 444, section 1, do not change the
substance of the statutes amended.
History: 1986 c 444 s 3
1457
646.0
MINUTF~' MOUND CITY COUNCIL ' JANUARY 11, 1994
1.2 P LI HEARIN ' T C NSIDER THE VA ATI N F A DRAINAGE
LAKE ADDITION
The Building Off'~cial explained that the Planning Commission has seen this item twice and at
the meeting last night new information was presented that needs to be reviewed by Staff.
Therefore, the Planning Commission tabled any action.
The Mayor opened the public hearing. There were no comments.
MOTION made by Ahrens, seconded by Jessen to continue this public hearing to the
January 25, 1994, Council Meeting, allowing the Staff and Planning Commission to
review new information. The vote was unanimously in favor. Motion carried.
MINUTES OF A MEETING OF TH'F
MOUND ADVISORY PLANNING COMMISSION
JANUARY 10, 1994
CASB /~93-058~ ~H~'RINB V~-IT 2563 LOST IJ~. ROAD LOT 18.
BLOCK I LOST LAKE PID 24-1117-24 22 0032° EASEMENT VACATION.
This request was tabled at the December 13, 1993 Planning
Commission meeting to allow time for gathering information relating
to Lot 17, the parcel to the north, the land availability to the
west, and speculations by the City on anticipations of the Storm
Water Management Plan.
Building Official, Jon Sutherland, reviewed a letter which he
mailed ~o the applicant on December 30, 1993 that requested
additional information regarding the balance of the easement on lot
17 and the area to the west that is City owned. Sutherland noted
that staff has not received any additional information to-date.
Vern Veit, original developer of the Lost Lake Subdivision and
representing the applicant, submitted to the Planning Commission a
packet of information including: "Reasons for needing partial
vacation of draining easement,,, drainage calculations, and a copy
of State Statue 505.02 with the following highlighted "The purpose of
any easement shown on the plat must be clearly stated, and shall be confined to
only those that deal with public utilities, and such drainage easements as deemed
necessary for the orderly development of the land encompassed within the plat."
Mr. Veit also displayed a drawing on tagboard consisting of the
surveys for lots 17, 18, and 19. Mr. Veit proceeded to expound on
the reasons for needing the vacation, as follows:
- Easement area designated is grossly oversized for its need and
use.
The land planners (Coffin & Gronberg) did a poor job designing
this lot.
If vacation is not granted, a 9 foot high retaining wall would
be required to allow for the driveway which would not be
aesthetically pleasing. If a terraced wall is installed, it
would need to encroach into the easement, or require partial
vacation of the easement (approximately 12 feet). A terraced
retaining wall would continue the continuity of this
development.
It was noted that the drainage calculations have not been submitted
to the City for staff review prior to the meeting. Mr. Veit stated
that the City Engineer did have the opportunity to review them.
The Planning Commission discussed that this is a good example of a
house not designed for the lot. Clapsaddle commented that he
wanted to hear the City Engineer,s comments on the applicants
information.
Planning Commission Minutes
January 10, 1993
Easement Vacation
Case 293-058
Page 2
Hanus commented that it appears impractical to expand the pond to
either the north or the south, and the logical direction for
expansion would be to the west. He discussed this issue with John
Cameron earlier in the day, and he indicated that the applicant's
needed to provide documentation that the easement is not needed.
Michael reiterated that the required information was not submitted
by the applicant in time to be reviewed by the city Engineer. It
was noted that there may have been a lack of communication between
staff and the applicant's as they were unclear as to what
information was to be provided. Sutherland noted in his letter
that the applicant's surveyor was to contact either himself or the
City Engineer to clarify the needed information; and this was never
done.
reit stated that the city Engineer has all the same information
that they presented this evening. The Building official noted that
this information does not reflect the current conditions of the
site as the pond was not installed as it was intended.
MOTION made by Hanus to recommend approval of the
vacation of the easement up to the southern edge of the
walkway easement, provided the applicants reverse the
city Engineer's opinion, and it is recommended the City
council table this issue at their meeting on January 11,
1994 until the applicant can discuss with the city
Engineer what information is required, due to an obvious
communication breakdown. When the information is
available the case should be referred back to the
Planning Commission. Motion seconded by Michael.
The Commission discussed the fact that the Council has a scheduled
public hearing for this case tomorrow, and how does this affect the
motion.
MOTION withdrawn by Hanus and Michael.
MOTIO~ made by Hanus to table the request fo~ an easement
~aoatxon until the applicant can provxde further
znformation supporting their claims. Clapsaddle seconded
the motion. Motion carried unanimously.
The Planning Commission requested their message be forwarded to the
City Council at their meeting on January 11, 1994.
CITY OF MOUND
Memorandum
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364-1687
(612) 472-0600
FAX (612) 472-0620
DATE:
TO:
FROM:
SUBJECT:
January 10, 1994 Planning Commission Meeting
Planning Commission
Jon Sutherland, Building Official '~'~ '
Case//93-058, James and Katherine Veit, 2563 Lost Lake Road, Lot 18,
Block 1, Lost Lake, REQUEST FOR EASEMENT VACATION
The attached letter dated December 30, 1993 details staff's position regarding the
drainage easement vacation request. We have indicated to the applicant that additional
information could be provided and none has been received to-date. Staff's
recommendation remains unchanged based on the original application.
JS:pj
Enclosure
SSt.
pr,nted on recycled paper
CITY of MOUND
5341 MAYWOOO ROAD
MOUND MINNESOTA 55364 '687
t612~ ,472 0600
FAX t612,472-0620
December 30, 1993
James and ~atherine reit
4379 Wilshire Blvd C305
Mound, MN 55364
RE: Vacation Request at 2563 Lost Lake Road
Dear Mr. and Mrs. Veit:
I have reviewed your request again with City Staff and it is
still our opinion, including the City Attorney, that vacation of
the easement as you have proposed is not acceptable to Staff. At
the Planning Commission meeting the request for additional
additional information was brought'up that would shed some light on
your request and this could impact staff's recommendation.
Specifically, information regarding the balance of the easement on
lot 17 and the area to the west that is City owned. This
information is your responsibility to provide.
The city engineer may speculate on the needs of the city's
stormwater management. However, this is difficult to do because
our plan is conceptual at this point, and our opinions are
naturally reserved.
If you decide to provide the additional information, staff
will do their best to review it prior to the Planning Commission
meeting on January 10, 1994 and the City Council meeting on January
llth. Your surveyor may contact me at 472-0600, or the city
Engineer at 476-6010, directly if they have any questions.
R~spe~~
~n ~ut~er%eVO. .
Building official
CC:
Ed Shukle, city Manager
John Cameron, city Engineer
Curt Pearson, city Attorney
JS: is
printed on recycled paper
MINUTF3 OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
DECEMBER 13, 1993
CABB #93-058: JAHE8 & CATHERINE VBXT, 2563 LOBT LAKE ROAD° LOT 18,
]BLOCK 1, LOBT LAKE, PI:D #24-1.117-24 22 0032. BABEMEIqT VACAT*rOM
CPUBLTC HEAR/N(]).
Jon Sutherland, Building Official, reviewed the City Engineer's
recommendation for vacation of a portion of the drainage easement
over the subject property, as follows:
"This easement was created for construction of a
sedimentation pond when the property was platted. The
pond actually constructed did not cover the entire area
described by the easement. Therefore, the portion
requested to be vacated appears to be unnecessary as a
drainage easement; however, our concern is that will be
required of the City in the future regarding storm water
management. It's possible this pond may need to be
enlarged, in which case some or all of the easement may
be required."
The Public Works and Parks Department also recommended denial of
the vacation as requested.
The Commission clarified with the applicant why they are requesting
this vacation. It was explained that the applicant would like to
construct a driveway on the easement in order to access a garage,
the garage they propose would have both an upper and lower level
with one being accessed from the front and the other from the side
which is why they would need the driveway over the subject
easement. It was clarified that the paved driveway is proposed to
abut the walkway easement.
Jensen received confirmation from the Building Official that the
house can be constructed right up to the easement. Jensen further
commented that Storm water Management is a big issue and that the
Planning Commission should be sensitive to this issue.
Chair Meyer opened the public hearing.
Vern Veit, original developer of the Lost Lake Subdivision, spoke
on behalf of the applicants, and explained that the portion of the
easement requested to be vacated is only a small portion of the
entire easement which continues north into Lot 17.
Mr. reit shared some figures computed by Mark Gronberg, surveyor,
regarding the amount of water storage that is needed in this area
based on the 100 year flood. Me stated that the easement is
grossly oversized and the reason the easement line was drawn there
is because it was a survey line. He further explained that the
elevations of the easement proposed to be vacated are higher than
the balance of the easement and the area is too high to use as a
drainage area. The elevation of the easement south of the walkway
is 936. Me also noted that the City of Mound owns a large portion
of land to the west where the elevation ranges between 929.4 and
931.5. The elevations within this portion of the easement are
above the street and runoff would have to be pumped into this area
if it were to be used for drainage.
Jensen questioned the lot area of Lot 18; it was unknown. Hanus
questioned the availability of a survey for the lot to the north,
Sutherland confirmed that one should be on file.
p~ann£ng Coe~lssion #£nutes
December 13, 1993
Vern Veit commented that the city of Mound already owns an abundant
amount of land to the west which would accommodate drainage
requirements- It was noted that no drainage comes in from Bartlett
Blvd. as LostLake Road was raised so water will not flow into this
development.
Dave Olson of 2582 Lost Lake Road suggested that if the easement is
allowed to be vacated that the walkway, which he uses to access
Lost Lake Park and his dock site, be moved to the north so they are
not affected by the proximity of the proposed driveway.
Staff's rationale for it's recommendation was discussed and it was
noted that the City is in favor of retaining the drainage easement
due to impending storm water management regulations.
chair Meyer suspended the public hearing.
The Commission further discussed the issue. Hanus commented that
he is in favor of retaining easements in this area, however, he is
not convinced that the entire area is needed and he would like to
see staff or the applicant further research to provide more
elevations, including the lot to the north, and the property to the
west. Meyer agreed, if there is ample room to double or triple the
size of the pond towards the north, he may consider approval of the
vacation.
The applicant expressed a concern about having a pond adjacent to
her basement.
Voss commented that maybe it would be beneficial for the applicant
to get organized and work with the city on potential storm water
management needs, and allow the city Engineer more time to collect
information. Johnson agreed that it would be beneficial for the
city Engineer to review the elevations of the balance of the
easement and reassess his recommendation-
aO~lOS made by Clapsaddle, seconded by Hanus, to table
this r~quost until the January 10, 1994 planning
Commission Meeting, and still have the City council hold
More
their public hearing on Januar~ 11, 1994.
information is to be supplied relating to Lot 17, the
parcel to the north, the land availability to the west,
and speculations by the city on anticipations of the
Btor~ yater Management Plan. Motion carried $ to 3.
Those in favor were= Meyer, Clapsaddle, Mueller,
Johnson, ross, and Hanus. Michael, Jensen, and leiland
opposed.
Weiland commented that he feels adequate information was submitted
and a vote should have been taken. Jensen commented that we have
an existing easement and once it is gone you cannot get it back.
Michael feels that Cameron saw enough information to base his
decision and he agrees with it. weiland agreed with both Jensen
and Michael.
HanUs commented that he is not convinced that the City Engineer's
recommendation was based on consideration of the entire easement,
he does not believe that it is possible that the entire easement,
both lots, could potentially be used for a pond, he does not
believe that size of a lake would be put in that neighborhood.
The City Planner suggested that Hr. Veit share the drainage
calculations by his surveyor with the city Engineer.
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447
Telephone
612/476-6010
612/476-8532 FAX
Engineers
Planners
Surveyors
Mr. Jon Sutherland
Planning and Zoning
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
December 9, 1993
RECEIVED
DEC 0 1993
..' OtiND P .ANNiNG & iNSP,
SUBJECT:
City of Mound, Minnesota
Easement Vacation Request
Lot 18, Block 1, Lost Lake
Case #93-058
MFRA #8902
Dear Jori:
As requested, we have reviewed the above request to vacate a
portion of an existing drainage easement over the subject property and
have the following comments and recommendations:
This easement was created for construction of a sedimentation
pond when the property was platted. The pond actually
constructed did not cover the entire area described by the
easement. Therefore, the portion requested to be vacated
appears to be unnecessary as a drainage easement; however, our
concern is what will be required of the City in the future
regarding stormwater management. It's possible this pond may
need to be enlarged, in which case some or all of the easement
may be required.
We have discussed this with both Public Works and the Parks
Department and our consensus is to recommend denial of the vacation
request.
Sincerely,
McCOMBS FRANK ROOS ASSOCIATES, INC.
John Cameron, City Engineer
JC:jmk
cc: Greg Skinner
Jim Fackler
An Equal Opportunity Employer
CITY of MOUND
PUBLIC HEARING NOTICE
CITY OF MOUND
MOUND, MINNESOTA
534' MAYWOOD ROAD
MOUND MiNNESC-A55364 !687
~6!2i 472 3600
FAX 6!2 4-2 0620
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 beating 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 lanuary 3,
1996, and posted by December 29, 1993. ~"~1~ I
~',~tc'd i~. ':%', ~'~ P~ per
James and Cathy Veit
2563 Lost Lake Rd.
Mound, MN 55364
472-7222
Reasons for needing partial vacation of draining easement:
1. Easement area designated grossly oversized. Cubic foot storage required
for 100 year rain fall is 7,226 cubic feet (see exhibit gl). The area
needed for holding pond two feet deep is 3,613 sq.ft. This drainage
easement is approximately 10,000 sq.ft.
2. Land planners did a terrible job laying out this lot by allowing
easement to encroach so far South and not keeping South lot line straight.
This angle line creates a hardship in trying to design a home to flow with
the land.
3. If vacation is not granted, a retaining wall required for the driveway
will be nine feet high at the home. A flat nine feet high retaining wall
would not be aesthetically pleasing. It would be more desirable to have a
terraced retaining wall with shrubs. A terraced wall is possible only with
partial vacation of drainage easement.
~4. Staff talks about future storm water management and the possibility
diverting water from other areas to this drainage easement for treatment.
This can not be done lawfully as MN Statute 505.02 states (see exhibit ~2).
"The purpose of any easement shown on the plat must be clearly stated and
shall be confined to only those that deal with public utilities, and such
drainage easements as deemed necessary for the orderly development of the
land encompassed with in the plat." Here shall is the trigger word, as we
all know this means mandatory. There for supporting our feelings that the
drainage easement is grossly oversized for its need and use.
5. We feel this is one of the best single family developments in the City
of Mound. With this partial vacation of drainage easement, we can install
a terraced retaining wall and plantings to continue the continuity of this
development.
.77
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PLATS; CO01~DINATES; SURVEYS § 505.0:2
and at all intermediate points on tile 10lock lines indicating changes of
direction in the lines. The plat shall indicate that all monuments have been
set. Therc shall be shown on the plat all survey and mathematical informa-
tion and data necessary to locate all monuments and to locate and retrace any
and all interior and esterior boundary lines appearing thereon. The outside
boundary lines of the plat shall be correctly designated on the plat and shall
show bearings on all s~aight iin~s, or angles at all angle points, and central
angle and radii and are len~h for all curves. All distances shall be shown
between all monuments as measured to the nearest hundredth of a foot. All
' lot distances shall be shown on the plat to the nearest hundredth of a foot and
all curved lines within the plat shall show central angles, radii and arc
distan~s. If a curved line constitutes the line of more than one lot in any
block of a plat, the central angle for that part of each lot on the ~rved llne
shall be shown. The width of all thoroughfares shall be shown on the plat.
Ditto marks shall not be used on the plat for any purpose. In any instance
where a river, stream, creek, lake or pond constitutes a boundary line within
or of the plat, a su~ey line shall be shown with bearings or angles and
distances between all angle points and their relation to a water line, and all
distances measured on the survey line between lot lines shall be shown, and
· e s~,ey line shall ~ shown as a dashed line, The outside boundary lines
of the plat shall close by latitude and departure with an error not to czcccd
one foot in 7,5~ feet. All rivers, streams, creeks, lakes, ponds, swamps, and
ali public highways and thoroughfares laid out, opened, or traveled (existing
~fore the platting) shall be correctly located and plainly shown and designat-
ed on the plat. The name and adjacent boundary lines of any adjoining
platted lands shall be dotted on the plat.
Subd. 2. Any such plat which includes lands abutting upon any lake or
stream shall show, for the put,se of information only, a contour line
denoting the pre,at shore line, water elevation and the date of survey. The
highest known water elevation shall b~ indicated on the face of the plat by
numerical figures if this data is available from the division of waters, soils
and minerals of the state department of natural resources or from the Unitcd
States corps of engineers. All elevations shall be referenced to a durable
bench mark described on the plat together with its location and elevation to
the nearest hundredth of a foot, which shall be given in mcan sca level datum
if such bench mark with known sea level datum is available within one.half
mile, or such longer distance as may ~ practicable. ...... ~
~ ~ ~'~'s:;~ 0 m~ - ~
shown ~f Ihe land e~c~mpas~d t
purary easements shal] not be
ona plat. All e~ments created or dedicated by such plat must be
approved by the governing or jurisdictional body or its a~ent prior ~o record-
lng of final plat.
Amended by ~ws 1959, c. 339, ~ I; Laws 1959, Ex.Scos., c. 55, ~ I; Laws 1967, c. 580,
[ 1, eft. May 19. 1967; ~ws 1969, c. 1129, art. 3, ~ 1.
777
~0~Z~L~ APPLICATION TO VACATE
NOV 3
Ma~d Road ~ ~
472-0600, fax: 472-0620 ~ -- ........... ~
Application Fee:. $150
Applicant's Name ~--~(l~ec~ ~ CCN~ Y,~e ~[4 '~ Day Phone
LEG~ DESCRIPTION OF APPLIC~T'S ABUTTING PROPERTY: 'ZS~S ~ ~
C1~ ~oe~
Description of Street or Easement to be Vacated:
PID No. ~L~ ~- ii ] - ~ Z~ 0{') ~ :3
Reason for Request or Interest in Prope~ O_A ~' ~'/~ ~[]L~-%A
there a public need for the right-of-way to be retained for a public purpose?
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.
Applicant's Signature Jr~~ ~?/~ j--'~~Date- //' /~ '-~- ~ ~''
Recommendations from Utilities: NSP Minnegasco GTE
Recommendations from City Depts.: Public Works Fire Chief Engineer__
Police Chief Other
COFFIN & GRONBERG, INC.
SURVEYING. ENGINEERING AND LAND I~,.ANNINO
48~'-A TAI~ARACK AVENUE
LONG LAKE, MINN. 66:~86
473-4141
Proposed easement vacation for
James & Cathy Veit
ill Lot 18, Block 1, Lost Lake
Hennepin County, Minnesota
Description of part of drainage easement to be vacated
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.
SOUTHTOWN PLUMBING, INC.
MINNEAPOLIS, MINNESOTA 55423
612-866~3057
Esmbashed 1963
Minn 1784-M
Mpls 297-M
St. Paul 12443-M
JUly 3, 1991
,JUL 5 1991
City of Mound
5341Maywood Rd.
Mound, MN 55364
Attn: Ed Shukle, Jr.
City Manager
RE: Lost Lake Subdivision and Utility Easement
Ed,
Last fall after we met I created an easement on Lot 18 for a walkway.
It was filed and recorded last fall and a dated copy of it was sent
to you. We were unable to complete it last fall because of the weat-
her. I now have a confirmed date for blacktopping the walkway on the
afternoon of July 9th (weather permitting). Hopefully with this
walkway and utility easement completed you will be able to bring in
your equipment to mow the park.
T,hank yo~,/~
/~/~_aV.ern W. veit
Partner Jellico
cc:
Jim Fackler
John Cameron
Dave Willette
Lwv/jjn
No delinquent rues and transfer entered; Certificate-
of Real Estate Value ( } filed { } not required
Certificate of Real gstate Value No.
County Auditor
by,
Deput&
$TATE DEED TAX DUE HEREON: $ 1.65
Date:_
, ~9 90__~_
FOR VALUABLE CONSIDERATION, Je.__.~[ ! i co
= - ~ ~ (.reserved for recording data)
. urantor here ~. under the laws of
Ha~nn*",?in~3~,.~x~X~I ' by conveys and qmtcla~ms to t:he City-of Nound,
. Grantee (,).
real P~opert7 in -i~_nn~,n ! n _County, Minnesota, described ~ foHow~:
UtfLtity and public -atk~ay easement: over and across the southern ten (
feec of t:he northerty forCy-I~tve (&$} feet: of Lot: El§hr:eRR, Brock One,10)
Lose Lake, accord/ng to the plat: on file and of record in the office of
the County Recorder, Henneptn County, HLnnesot:a.
The Coral considerat~on for thLs transfer is $500.00 or less.
together vdth ail hetedltament~ and appurtenances belonging thereto.
Affix I)eed Tax Statnl, lief,,
STATE OF MINNESOTA
COUNTYOF HEN~N - I ss.
The forgoing wes acknowledged before this
by ~ me
the
under the laws of
N~TARIAL Sf4Mf OR ~RA~ fOR OYNZR TIT[.I~ OR RANK}
~ NARSO,
,/,20 Edir~orough Corporate Ccrg:er East:
3300 Edi nborough
~Nir~capolis, Nirr~so~a 55/435
(612) 831-2323 '
.ie__L1 iC,~Fn M.L~,W/~n Pnrrn,'r<hin
ltl
, · ~Parl:nor.~hi p
, on behalf of the P~rrner~~
The City o[ Hound
~3~1 Hay~ood Rd
Mound, _Minnesota 55364
Jeltico
6636 Penn Avenue South
Rtch[ield, N~nne~o~a 55423
.. 18
January 26, 19BB
RESOLUTION NO. 88-!5
RESOLUTLOM TO APPROVE THE LOCATION OF
SIX DOCK SITES O# LOST LAKE CIIANNEL,
CITY OF HOUND PROPERT'f
WHEREAS, the City of Hound owns property lying west of the Lost
Lake Subdivision and east of the main channel access to Lake Hinnetonka; and
WHEREAS, the six sites will be assigned location numbers as
follows:
55000
55040
55080 ·
A55120 - Abutting property, Lot lB
55160 .
A55200 - Abutting property, Lot 17
and will be listed on the 1988 dock location map; and
WHEREAS, these above listed docks will be governed under the Hound
City Code, S~ction 437 - Dock Licenses; and
WHEREAS, Jellico, developer' of the Lost Lake Subdivision. agrees
to provide a walk/maintenance access to the docks from Lost Lake Road west
toward Lost Lake to the 931.5 foot flood elevation. This access is to be 10
feet wide with the length.d~termined by location of the 931.5 foot flood
elevation line, with a 4 foot wide Paved walkway surface to the 931.5 foot
flood elevation; and
WHEREAS, the Hound Parks Advisory Commission recommended approval
of these additional six {6) dock sites to.be listed on the 1988 Dock Site Hap
at their special meeting of December 15, 1987.
NOW, THEREFORE, BE XT RESOLVED that the City Council of the City
of Hound, Hinnesota, hereby approves the addition of the aforesaid six (6)
dock sites to the City of Hound dock system.
BE IT FURTHER RESOLVED that jellico agrees to dedicate a utility
and public walkway easement to the area proposed for docks. The easement will
consist of a 10 foot wide strip which will consist of a 4 foot wide strip of
asphalt with 3 feet of gravel on either side for walkway and maintenance
vehicle access to the dock site area to be installed by Jellico.
The foregoing resolution was moved by Councilmember Jessen and
seconded by Councilmember Johnson.
lg
January 25,
1988
The following Counctlmembers voted.in the affirmative:
3essen, 3ohnson and Smith.
The following Counctlmembers voted in the negative:
jensen.
Councilmember Abel was absent and excused.
Attest: City Clerk
January 26, 1988
asphalt with 3 feet of gravel on either side for walkway and maintenance
vehicle access to the dock site area. He explained that 9 sites were measured
out, 30 feet apart, for the total 290 feet that is there.
Hargaret & Bob Hansen, 5425 Bartlett Blvd., spoke against approval of these
dock sites because of the environmental impact on the wetlands and con-
sequently Lake Minnetonka.
Tim King, 2'~4'7 Lost Lake Road, spoke in favor of the dock sites because there
is already boat traffic in the channel and snowmobiles traffic in the marsh
area that does not appear to be harming it,
There was discussion on who would maintain the channel,
Councilmember Jessen suggested 6 dock sites instead of 9.
Councilmember Jensen stated She would still have to vote against this because
of her concern about motorized traffic in the Lost Lake area.
The city Attorney suggested that if this resolution is approved the following
be inserted, 'Jellico agrees to dedicate a utility and public walkway easement
to the area proposed for docks. The .easement will consist of a 10 .foot wide
strip which will consist of a 4 foot wide strip of asphalt with 3 feet of
gravel on either side for walkway and maintenance Vehicle access to the dock
site area to be installed by Jellico.' The Council agreed.
jessen moved and Johnson seconded the following resolution:
RESOLUTION ~88]'1~ RESOLUTION TO APPROVE THE LOCATION OF SIX DOCK
SITES ON LOST LAKE CHANNEL, CITY OF HOU#O PROPERTY
The vote was 3 in favor with Councilmember Jensen voting nay. Motion carried.
ex lained that the Park Advisory Commission was never or-
The' City ~anager. P _ . ' suooestinq that an ordinance be
mall established in the Ci_tt~C~0~e~..~J~.~,.~_.~¢~ljl~4sh~. ~+~ duties and
adopted cre~t.~i~g~his'~patl~R~v~s°ry ~OmmlSSlOn anu
rms ~.-.r~'~-
i~h moved and Johnson seconded the following: _..____
.... 0]'~988 AM ORDINANCE ADDING SECTION 255 TO THE CITY CODE .
ORDINANCE I1 CREATING k PARK ADVISORY COHHISSION AMD ESTAB-
LISHING ITS DUTIES
The vote was unanimously in favor. Motion carried.
261
RESOLUTION NO.
October 9, 198q
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE THE FINAL PLAT OF LOST LAKE
WHEREAS, the final plat of Lost Lake has been submitted
in the manner required for platting of land under the City of
Mound Ordinance Code, Section 22.00 and under Chapter q62 of the
Minnesota Statues and all proceedings have been duly conducted
thereunder; and
WHEREAS, said plat is in all respects consistent with
the City plan and the regulations and requirements of the laws of
the State of Minnesota and Ordinances of the City of Mound; and
WHEREAS, th~ City Engineer has suggested that some
changes be incorporated into this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Mound, Minnesota, that:
Plat approval request for the Lost Lake is approved
upon compliance with the following requirements:
1. As per final Plat "Exhibit A".
¸2.
Per requirements set forth in Resolution 83-12q,
or as subsequently amended by motion, approving
the preliminary plat of Lost Lake·
Escrow fund is to be established in the amount
of $3,600.
Pursuant to the City of Mound Resoluton No. 79-
501, the Park dedication and open space
requirements for the subdivision are satisfied.
Furnish the City with a performance bond in the
amount of $130,3qq. to cover 125{ of the
estimated cost of grading, water.sin, streets,
sanitary sewer, etc.; all in conformance with
the City plans and specifications before the
final plat is signed by the City at the sole
expence of the subdivider and in conformance
with Chapter 22 of the City Code; or if, in lieu
of the developer making improvements, the City
proceeds to install any or all of said
improvements, under the provisions of Chapter
q20 of the Minnsota State Statutes, the above
mentioned corporate surety bond shall guarantee
262
October 9, 198tt
payment in full by the developer of the cost of
said improvements upon completion and assessment
of the improvement.
6. Driveway access to Lots 1 through 19 will be
provided from the newly platted Lost Lake Road.
7. Current validation of any State, County or local
permit approval such as Minnehaha Creek
t/atershed, State Health Department, Itennepin
County Department of Transportation, enc.
8. Signing the Developer's Contract establishing
performance and requiring that the date of
completion of utilities and streets be set at a
date not later than the first anticipated date
of issuance of first Certificate of Occupancy.
If said Certificate is anticipated to be issued
during the winter months, construction must be
completed by November 30th. Said Development
Contract shall be Exhibit aB" and in no event
shall Development Contract exceed one year.
9. City Attorney's title opinion approval.
10. All construction plans, Exhibit "C", shall meet
the requirements of the City Engineer and his
recommendation letter of September 11, 1984.
B. That the City Clerk is hereby directed to supply a
certified copy of this resolution to the above named
Owners and Subdividers after completion of the
requirements of their use as required by M.S.A.
462.358.
C. That the Mayor and the City Manager are hereby
authorized to execute the Certificate of Approval on
behalf of the City Council upon compliance with the
foregoing provisions.
D. This final plat shall be filed and recorded within
60 days of the signing of the hard shells by the
Mayor and City Manager in accordance with Section
22.00 of the City Code and sba1! be recorded within
180 days of the adoption date of this resolution
with one copy being filed with the City of Mound.
BE IT FURTHER RESOLVED that such execution of the
Certificate upon said plat by the Mayor and City Manager shall be
conclusive showing of property compliance therewith by the
Subdivider and City Officials and shall entitle such plat to be
placed on record forthwith without further formality, all in
573
October 9, 198~
compliance with M.S.A. ~62 and the Ordinances of the City.
The foregoing resolution was moved by Councilmember
Charon and seconded by Councilmember Peterson.
The following Councilmembe~s voted in the affirmative:
Charon, Jessen, Paulsen, Peterson and Polston.
The following Councilmembers voted in the negative:
none.
Mayor
Attest: City Clerk
RESOLUTION APPROVING THE PRELIHINARY PLAT OF
THE NORTHERLY PORTION OF LOST LAKE ADDITION-
PI0 #2~-117-24 22 OOI8
WHEREAS, the plat of Lost Lake Addition has been submitted in
the manner required for platting under Section 22 of the City Code of the
City of Mound and under Section 462 of the Minnesota Statutes; and
WHEREAS, the Planning Commission of the City of Mound has
reviewed said plat and found it to be consistent with the City plan and
ordinances of the City of Mound.
NOW, THEREFORE, BE IT RESOLVED that the City Councll of the City
of Mound, Minnesota, does hereby approve the prellmlnary plat approval
request application as described in Exhibit "A", Case No. 83-229, contingent
upon compliance with the following requirements:
i. The filing of a revised plat indicating surface water drainage
patterns and proposed street grades. Also before final plat
approval by the City Council, the petitioner shall submit to
the Clty Engineer for approval, constructions plans which will
include grading, drainage, streets and utilltles. Development'
Contract to be executed and approved by the City Engineer.
2. Submission to the City Building Officlal of a letter from the
Hennepln County Highway Department documenting the approval
of the proposed road access on County Road 125.
Submission to the City Building Offlclal of results of soll
boring tests conducted on the site.
4. Submission to the City Building Official of evidence of approval
by the Minnehaha Creek Watershed District for the proposed
surface water drainage plan and systems.
5. Furnishing a duly completed and executed performance bond,
certified by the City Attorney as valid and enforceable, 125%
of estimated cost, $75,375.00, to cover:
· '(a) installation of grading, gravel and base for streets;
· (b) paving of streets;
(c) installation of concrete curb and gutters;
(d) installation of water systems;
(e) installation of sanitary sewer systems;
(f) installation of storm sewer systems;
all in conformance with City approved plans and specifications
at the sole expense of the subdivider inconformance with
Chapter 22.00 of the City Code.
6. The provision of a ten (10) foot utility and drainage easement
along the front, sides or corner lots, rear of all 1ors, and
ten (!0) feet equally divided between each lot on interior slde
lot lines.
7. Before building permits for any homes to be constructed in
said subdivision are issued, a certificate signed by a
registered engineer must be provided. This certificate will
state that all final 1or and building grades are in conformance
to the drainage development plan and minimum floor elevation
plans approved by the City Engineer as per development contract.
8. Pursuant to City of Hound Resolution ~, the park dedication
and open space requirements for the subdivision are satisfied.
9. Approval of Title by the City Attorney.
10.
Failure on the part of the petitioner to submit a final plat
within one (I) year from the date of this approval shall deem
the preliminary approval to be null and void (Section 22.13).
II.
Submission to the Building Official of evidence of approval by
Pollution Control Agency and Minnesota Department of Health for
sanitary sewer and watermain.
12. Submit street name for proposed plat, as well as signage and
street lighting.
13.
An escrow fund of $2,700.00 (minus filing fees, approximately
$298.00) be established to. cover City engineering, legal and
administrative expenses.
14. Divide Outlot A between adjoining properties with necessary
drainage and utility easements, where required.
I$. Removal of ali dead and diseased trees on the property.
The foregoing resolution was moved by Councilmember Paulsen and
seconded by Councilmember Peterson.
The following Councilmembers voted in the affirmative:
Charon, Jessen, Paulsen, Peterson and Polston.
The follo~ving Councilmembers voted in the negative:
None.
Attest: City Clerk ...
t, LNEI~ML, ZONING INFORL~L~TION SItEET
I
, ADDRESS:
Re. ired ~ W~d~h~,(frontmge
Existing ~t Width ~pth~
BBTBAC~8 REQUIRED ~
ACCES~RY
BUILDING
FRONT z N S
SIDez # S · # fEf~ ~'
REAR:
LAKESNORE s
o
,~XXSTXNG AIqD/OR PROP08ED 8ETBACXS:
PRINCIPAL BUILDING
FRONT
FRONT
SIDE:
REAR:
FRONT s N S · W
FRONT s N S · If
SIDEs N S · W
SIDEs N S · W
REARs N · ·
50' (~eaeu[~d (;om O.N.W. )
AC%~ESSOR¥ BUILDINO
BY s
,.; lO
(~9)
(45) '
3
33)
LO! A
(3~)
o
0
0
PROPOSED RESOLUTION #94-
RESOLUTION TO APPROVE A VARIANCE
FOR A DECK AT
4909 THREE POINTS BLVD., LOT 3, BLOCK 4,
SNADYWOOD POINT, PID #13-117-24 11 0008
P&Z CASE #94-07
WHEREAS, the owners, Dennis and Mary Brenny, have applied for
the following variances to allow construction of a deck and
enclosed storage area under the deck,
FRONT 23.9 20 NONE
SIDE, NORTH 5.4 6 0.6
SIDE, SOUTH 5.5 6 0.5
LAKE SIDE (TO 40 50 10
DECK)
HARDCOVER 2379 (37.5%) 1905 (30%) 474 (7.5%)
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, this is an after-the-fact application, and;
WHEREAS, the new deck is actually a replacing the old deck
that was deteriorated, and the new deck is slightly larger at one
end with a cantilever, and the deck was reduced in size on the
other end, therefore, the additional encroachment of the cantilever
is minor and offset by the reduction of the deck on the other end,
and;
WHEREAS, the old deck was 8' deep, and the new deck, at the
cantilevered portion, extends 11' to 12', and;
WHEREAS, the storage area under the deck is not attached to
the house, it is set on top of the existing cement patio, and there
is not a door from the storage area into the house.
WHEREAS, the storage shed under the deck is required to meet
the same lake setback as the principal structure, and;
WHEREAS, the original deck was already too close to the
ordinary high water, and;
WHEREAS, when this house was built in 1980 the house was
placed 50 feet from the ordinary high water elevation and an 8 foot
deck was permitted at that time, and;
February 22, 1994
case ~94-07
Proposed Resolution
WHERR]%H, the Planning Commission has reviewed the request and
recommended approval by a 6 to 2 vote.
NOW, THEREFORE, BE IT RESOLVED, by the city Council of the
City of Mound, Minnesota, as follows:
1. The City does hereby grant the following variances to allow a
deck and storage area under the deck:
Side Yard Setback Variance to the North
side Yard Setback Variance to the South
Lakeside Setback Variance to the Deck and Shed
Variance to Impervious Surface Coverage
0.6'
0.5'
10'
1905 sq. ft.
(30%)
0
The city Council authorizes the alterations set forth below,
pursuant to Section 350:420, Subdivision 8 of the Zoning
Ordinance with the clear and express understanding that the
use remains as a lawful, nonconforming use, subject to all of
the provisions and restrictions of Section 350:420.
It is determined that the livability of the residential
property will be improved by the authorization of the
following alteration to a nonconforming use of the property to
afford the owners reasonable use of their land:
Construction of a deck, a 6' x 8' storage shed
under the deck, and a 8' x 10' screened area
under the deck as shown on the attached
Exhibit A.
This variance is granted for the following legally described
property:
Lot 3, Block 4, Shadywood Point.
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.
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
February 14, 1994
CASE #94-07: DENNIS & MARY BRENNY, 4909 THREE POINTS BLVD., LOT 3. BLOCK
4. SHADYWOOD POINT, PID #13-117-24 11 0008. VARIANCE FOR DECK.
Building Official, Jon Sutherland, distributed photographs of the subject property, and
reviewed the applicant's request for an after-the-fact building permit for the lake side deck,
storage area under deck, and screened porch area as shown on the attached survey and
photographs. This request results in the following variances to the required setbacks and
hardcover:
_ ~ EXISTING I REQUIRED I VARIANCE
FRONT 23.9 20 NONE
SIDE, NORTH 5.4 6 0.6
SIDE, SOUTH 5.5 6 0.5
LAKE SIDE {TO DECK) 40 50 10
HARDCOVER 2379 (37.5%) 1905 (30%) 474 (7.5%)
The new deck is actually a replacement of the old deck that was deteriorated. In order to
provide for a more functional deck (to allow for a table and chairs) the deck was slightly
increased in size with the cantilever of the joists on one end. On the other end the deck was
reduced in size to only provide for a walkway.
Staff recommended the Planning Commission recommend approval of the request due to the
facts that there was an existing deck, the additional encroachment of the cantilever is minor
and offset by the reduction of the deck on the north end.
Mueller confirmed that the old deck was 8' and the new deck, at the cantilevered portion,
extends 11'tO 12'.
Mueller expressed a concern about this application being after-the-fact, and he feels that
exceptions should not be made. He compared this request to other similar variance requests
which received negative responses from the Commission. He stressed that the Commission
should be consistent in their review.
The applicant's confirmed that the storage area under the deck is not attached to the house,
it was set on top of the existing cement patio, and there is not a door from the storage area
into the house.
The Building Official confirmed that the storage shed under the deck is required to meet the
)same setbacks as the principal structure.
Planning Commission Minutes
February 14, I994
Mueller is concerned that a precedent will be set, and people will think they can build a
nonconforming deck without first getting approval of the City, but that the City will grant a
variance if it is an after-the-fact application.
MOTION made by Voss, seconded by Clapsaddle to recommend approval of the
variance as recommended by staff.
Jensen explained that when she reviews after-the-fact applications, she looks at them as if
they were new requests, and in this case, the existing deck is already too close to the
ordinary high water, and since any deck there would require some type of variance, she
would then consider the best way to allow some form of deck that does seem to be
appropriate in this area without over doing it.
It was noted that when the house was built in 1980 the house was placed 50 feet from the
ordinary high water elevation and an 8 foot deck was permitted at that time.
MOTION carried 6 to 2. Those in favor were: Michael, Clapsaddle, Johnson,
Weiland, Jensen, and Voss. Mueller and Hanus opposed.
MUeller stated his reason for opposing the motion is that he feels this sets a precedence so
you can build closer to the lake if you first build without a building permit.
Hanus stated,, ignoring the reality that this is an after-the-fact application, that he is not in
favor of allowing the extra cantilevered portion of the deck.
This recommendation will be reviewed by the City Council on February 22, 1994.
II
I
EX~IIBIT A
RESOLUTION
I
I
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364-1687
(612) 472-0600
FAX (612) 472-0620
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
CASE NO.
LOCATION:
ZONING:
BACKGROUND
Planning Commission Agenda of February 14, 1994
Planning Commission, Applicant and Staff
Jon Sutherland, Building Official ---'~ ~-~.
Variance Request
Dennis and Mary Brenny
94-07
4909 Three Points Blvd., Lot 3, Block 4, Shadywood Point, PID #13-117-2411
0008
R-lA Single Family Residential
The applicant is seeking an after-the-fact building permit for the lake side deck, storage area under
deck, and screened porch area as shown on the attached survey and photographs. This request
results in the following variances to the required setbacks and hardcover:
FRONT 23.9 20 NONE
SIDE, NORTH 5.4 6 0.6
SIDE, SOUTH 5.5 6 0.5
LAKE SIDE (TO DECK) 40 50 10
HARDCOVER 2379 (37.5%) 1905 (30%) 474 (7.5%)
COMMENTS
The new deck is actually a replacement of the old deck that was deteriorated. In order to provide for
a more functional deck (to allow for a table and chairs) the deck was slightly increased in size with
the cantilever of the joists on one end. On the other end the deck was reduced in size to only provide
for a walkway.
i printed on recycled paper
Staff Report
4909 Three Points Blvd.
February 14, 1994
RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the request due to the facts that
there was an existing deck, the additional encroachment of the cantilever is minor and offset by the
reduction of the deck on the north end.
The abutting neighbors have been notified of this request. This case will be heard by the City Council
on February 22, 1994.
of [~t ], Block 4,
C;,rt~fl-atc of ..qtJrvoy
#5}{Ai)YWOOD pOiN'r, tUiNNI'tPIN CObNTY, MINN.'
l,ot 3, Block 4, "SltADYW~OI) POINT iII';NN['iPIN L'()I:NTY, MINN."
This survey 5hovs the location oJ ~11 Oxtsttng butldin,l~ 3cd vmslhle
'hardcovar' thereon. It docG not purj~ort ro show an} other
or encroac'hment~.
visaon. 'aod t~'~t I am a dul~ re~'h'd C~ ~~ arKI I''md '~a ~'''~'' °f u ndt~'
Planning Commission Date:
City Council Date:
YARIANCE APPLICATION
CIT~ OF MOUND
5341 Maywood Road, Mound, MN 55364
Phone: 472-0600, Fax: 472-0620
City Planner ~ Public Works
City Engineer DNR
Other
Address of Subject Property~
Lot
Please type or print the following information:
Block
PID No. /$'//7',d"tl'//'
Use of Property:_
_ Day Phone
Addition ~/q ~__~.~_ ~v
District
Owner's Narne
Owner's Address
Applicant's Name (if other than owner)._~
Day Phone
Address
1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning
procedure for this property? ( ) yes, ( ) no. ff yes, list date(s) of application, action taken, resolution
number(s) and provide copies of resolutions.
2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.):
---- ~, ~ ~, --~~ Io'
Variance Application (11/93)
Page 2
o
Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning
district in which it is located? Yes (), No (). If no, specify each non-conforming use (describe reason
for variance request, i.e. setback, lot area, etc.):
SETBACKS:
required requested VARIANCE
(or existing)
Front Yard: ( N_ S E ~) ~0! ft. '~-~ ,4 ft. ~ ~..ae_. ft.
Side Y~d: (~ W ) ~ ft. ~,4 ~. ~ fl.
Side Y~d: ( N~S~ W ) ~ ~. $;~ fl. ~ fl.
R~ Y~d: ft. ft. ~.
(NSEW)
~ide: ( N S~ ) ~ r ~. ~ r ft. ~ r ~.
· (NSEW) ~. ft. ~.
S~t Frontage: ft. ft. ~ ~.
~t Si~: ~ ~ ~ ~ ~ ~
/
Does the present use of the property conform to all regulations for the zoning district in which it is
located? Yes (), No ,~. If no, specify each non-conforming use:
Which unique physical characteristics of the subject property prevent its reasonable use for any of the
uses permitted in that zoning district?
( ) too narrow ( ) topography ( ) soil
( ) too small ( ) drainage (30 existing situation
( ) too shallow ( ) shape ( ) other: specify
Variance Application (11/93)
Pa&e 3
Was the hardship described above created by the action of anyone having property interests in the land
after the zoning ordinance was adopted (1982)? Yes (), No (). If yes, explain:
Was the hardship created by any other man-made change, such as the relocation of a road?
1'4o (). If yes, explain:
Yes (),
Are the conditions of hardship for which you request a variance peculiar only to the property described
in this petition? Yes (), No (). If no, list some other properties which are similarly affected?
Comments: ..or ,~ -
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.
Applicant's S~gnature /',-/-- - '" ' ' ~ -
18:12. ¥.~.,61g 472 0620 ." CITY OF
.... ', ;~t "" "' · ~:'}. '
~AME: ' '~'
" ~ ·
:;.. "'- .'-~ ...'"8~ FT X 8O% ·
E<)ST:NG'LO, kREA:' ~ · .
'~" 'SQFT X.lS% =
'.: L~NGTH :',' WIDTH
· . ':? ~ Ig. ~ '
:~ ';~ X ' '2~. Z -
- ., :~,~ . ..~ -
:. , ::~:TOTAL HOUSE
~. ..
~ ~ ~*'***
P ,v wA : ',
+++ ANCiiOR $CIENTIFI
TOTAL PROPOSED HARDcovER ... ,'. ~'.
-(
WE THE UNDERSIGNED, PROPERTY OWNERS OF 4913 THREE
POINTS BOULEVARD, HAVE NO OBJECTIONS TO OUR NEIGHBORS
OF 4909 THREE POINTS BOULEVARD PRESENT REBUILT DECK
AND PRESENT STORAGE SHED AND SCREEN AREA BUILT ON
THEIR EXISTING CONCRETE PATIO.
SIGNATURE
DATE
DATE
~ ~ J t ?(~NE' RZ~ZRED EXXS?Z~G . ~__
] * ~ AAZA, ~ A~ZA,
Date or surveyS* ~ o~ Record? yll~ no ?
Survey on t'J. le? yei'~ no ,
Required hot Width, ~e
Zx£et£ng hot W~dth_ ~
~SHO~I SO' (Mimured ~r~ O.X.W.)
(fronClge on in Liiproved pubZLc otr_l~et)..
SIDEm N S E
REAAz Il I E
Z.AJC~SNOI~ ~
FRONTI N S E W
FRONTI # $ · W
J~AR t # $ · 14
[,~KZS HOPZ I
~CCE$$OR¥ BUILDZHO
4' 0£ 6'
4' or6'
. 4'
SO' (me&lured from O.H.W.! ..
hCCESSOR¥ BUILDZNG
...... 15~1.54 RES .....
ARM)
=-. o
-'
II ';2' ,
~ ~,. II ~ ~'~
~ v II ~ ~ ';"
'1't
0
0
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
February 14, 1994
INTERVIEWS FOR NEW PLANNING COMMISSION MEMBEI~
A. LISA ANN BIRD, 4685 WILSHIRE BOULEVARD
Lisa has been a resident in the Mound area for 4 years.
It is her understanding that the role of the Planning Commission is to advise the Council on
matters of Planning. Her understanding of the relationship between the LMCD and the City
is that they are cooperative agencies.
She plans to attend William Mitchell law school and she would like to practice law in the area
of international business and doing business with Russia and the former eastern block
countries. She does plan to continue to reside in the City of Mound after she graduates.
When asked about her thoughts of the Lost Lake property, she did not feel she could give
an educated answer.
If money or resources were no object, she would like to see the wetland areas and
undeveloped areas retained as natural habitats.
In 50 years, she would like to see Mound continue as a small town, and does not see a need
to compete with the larger suburbs. She would like Mound to become sensitive on issues
relating to the quality of the lake.
Potential obstacles that she sees in developing the downtown area would be people's
perception of growth in the downtown as she believes most people do not shop in their
home town.
She chose to apply for a position on the Mound Planning Commission versus another
volunteer organization because she feels she is an uneducated politician and since she lives
in Mound this would be an immediate contact with her life so she would like to become more
knowledgeable on the issues relating to Mound. She wants to be involved in issues that
could change the City. Her definition of politics is communication with people who make
policies and with those who the policies affect.
She believes people need to be involved in their community, become aware of issues in their
community and communicate these issues with friends and family. She believes Mound does
a good job of communicating with its residents.
She has no problem with the meeting dates and times.
Lisa would not attend a public execution.
Planning Commission Minutes
February 14, 1994
B. LORRAINE PHERNETTON, 1935 SHOREWOOD LANE
Lorraine has lived in Mound for 6 years, before that she lived in Chicago, Florida, Wisconsin,
and Minneapolis. Her interpretation of the role of the Planning Commission is that they
approve of permits and variances and try to keep things in control in regards to community
and individual needs.
She feels her real estate experience relates to the Planning Commission in that you deal with
easements and permits and she feels the two are very complimentary to each other.
She believes that some people feel alienated by the City when they come before the Planning
Commission and Council and she would like to see some type of rapport developed.
Her experience in working with other committees includes being the chair of committees at
work where they were changing processes and things of that nature.
Her opinion on the downtown business district is that it needs help.
If money or resources were not an issue, she would like to improve the business community
and develop some type of recreation for the youth, such as developing a trail system or a
skate board park.
In 50 years she would like to see Mound more like excelsior with community docking, a
restaurant and a movie theater, but still keep the small town atmosphere.
Improvements she would like to see in the community is less exterior storage of boats, cars,
etc.
Obstacles that she see for the revitalization of downtown Mound is that the citizens do not
patronize the businesses in Mound.
She chose to apply for the Planning Commission versus another volunteer organization
because she is in real estate and she is interested in learning about building restrictions, and
the meeting times fit in well with her schedule.
To help communication between the Planning Commission and the citizens she suggested
the Planning Commission talk with neighbors of properties where a variance has been applied
for. She feels the Planning Commission could do more to communicate with the citizens.
She would not attend a public execution unless it was required.
_VOTE ON PLANNING COMMISSION APPLICANT
The ballots were tallied by the Secretary, the results are as follows:
Lisa Ann Bird 1, 1, 2, 1, 2, 1, 1, 2 = 11
Lorraine Phernetton 2, 2, 1, 2, 1, 2, 2, 1 = 13
The applicant with the least amount of total points is the Commission's choice for
recommendation, therefore, the Planning Commission recommends to the City Council that
Lisa Ann Bird be appointed to the Commission to replace Bill Meyer, with a term ending
5'¢5"'
January 5, 1994
RECEIVEO 7
Mr. Edward Shulde
City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
Dear Mr. Schukle:
I am responding to the request for applicants for the position of planning commissioner for the
City of Mound. I have lived in the area for nearly four years and have been a resident of Mound
since June of 1992. My fiance and I have decided to make our permanent residence here.
I am interested in becoming involved in community planning and believe this seat as a planning
commissioner would allow that opportunity. I will be a fh'st year law student in Fall 1994 and
will have sufficient time to commit to this position as I will not be working until after graduation
from law school. I have a significant amount of experience in areas of planning, budgeting and
fiscal matters. My education prepared me well for this area of work, and my work experience
has allowed me to utilize my degree and learn practical applications.
As a resident of this community, I have become aware of the many issues facing Mound and the
surrounding cities. I would like to become actively involved in helping Mound and its residents
face its many challenges.
Thank you for taking the time to review my application for city planning commissioner. I hope
to hear from you soon.
Respe.c. tfully yours,
RECEIVED
USA ANN BIRD
4665 Wilshire Boulevard · Mound. Minnesota 55364
(612) 472-3610
ST. CLOUD ~I'ATE UNIVEI:I~rY - St. Cloud, Minnesota B.S. Degree August 1991
Major [1} - International Business
Business Application Emphasis: Finance
Regional Emphasis: Western Europe and Canada
Major (2) - Por~cel Science
UNIVERSITY OF ALASKA ANCHORAGE - Anchorage, Alaska
Major - International Business January 1987-August 1988
HIBBING H~H SCHOOL- Hibbing, Minnesota
Graduated: May 1984 - Honor Student
MOORE & HANSEN, Pi~r~ and Trademark ~eys, Minneapolis, Minnesota
Legal Secretary April 1993-present
· Support two attorneys and one patent agent
· Perform various researching tasks under direction of attorneys
· Prepare formal documents
· Extensive filing of patent and trademark applications
LAKE MINNETONKA CONSERVATION D~rR~rr, Wayzata, Minnesota
Secretary/Bookkeeper November 1992-March 1993
· Support Director
· Full charge of accounting for District
· Accounts Payable and Receivable
· Financial Reporting responsibilities
SOFTWARE AG OF NORTH AMER~.~, Bloomington, Minnesota
North Central Region Administrator January. 1991-November 1992
Professional Services Division
· Production Manager on Requests of Proposal
· Monthly Status Reporting on Region
· Accounts Payable
· Office Coordinator
· International Communications
· Fiscal and Budget Responsibilities for Region
· Contract Administration
SOVET RELA~0NS OFF~, University of Alaska Anchorage - Anchorage, Alaska
Administrative Assistant to Director (temporary) June 1990-September 1990
· Protocol / International Communications
· Office Coordinator / International and regional travel planning
· International Agreements processing
LISA ANN BIRD
PAGE TWO
HONORS
Served as a coordinating volunteer for Northern Regions Conference (Office of
International Trade, State of Alaska)
AWARDS
Outstanding Service Awards as University of Alaska Student Senator, University
of Alaska-Freshman Advisor, and Delta Sigma Pi-Community Service Chairperson
EXrRAr~RRICULAR ACTIVITIES
CURRENTLY
*Minnesota International Center member
*VFW Post 5113 Women's Auxilary Unit member
*Russian language classes through Community Education-Hopkins District
*Notary Public class-to become Notary in January 1994
ST. CLOUD STATE UNIVERSITY
*Student Senator representing College of Social Sciences
*Senate Finance Committee member & Vice-Chairperson
*Delta Sigma Pi-Professional Business Fraternity
Chancellor
Community Service Chairperson
Alumni Chairperson
Homecoming Queen Candidate
UNIVERSITY OF ALASKA ANCHORAGE
*Student Senator Pro-Tempore
*Club Council President
*Alaska World Affairs Council student member
*International Business Club member
*United Nations Assembly (mock assembly)-Republic of China Delegate
*Canadian Studies Program student volunteer
I am pursuing a degree in law and will begin law school in Fall 1994. I wish to become
involved in community issues and city planning as I have made Mound my permanent
home.
References are available upon request.
Lorraine F. Phernetton
1935 Shorewood Lane
Mound, Minnesota 55364
RECEIVED
OBJECTIVE
EDUCATION
To fill a position on the Mound city
planning commission.
Willowbrook High School 1964
West Palm Beach High School 1966
General Studies with accent on business
Minneapolis Community College
36 credits covering, marketing,business.
EMPLOYMENT
1993- PRESENT
Burnet Realty Wayzata, Minnesota
Sales Associate
1991-1993
Party Pro's Mound, Minnesota
Owner/Operator
1980-1984
Graco, Inc. Minneapolis, Minnesota
Machine Operator
PERSONAL
Single mother of four adult children.
Home owner, and interested citizen.
GENERAL INFORMATION
I am very organized and throughout my employment history I have
been an active participant on many committees. I have a strong
interest in the position of planning commissioner and believe I
could make a meaningful contribution as a member on the committee.
CITY OF MOUND
STAFF REPORT
5341 MAYWOOD ROAD
MOUN D, MINNESOTA 55364-1687
(612) 472~600
FAX (612) 472-0620
DATE:
TO:
FROM:
February 10, 1994 Park & Open Space Commission Meeting
Park and Open Space Commission and Applicant
Jon Sutherland, Building Off~i~31 ,.~o1~ ~,
Jim Fackler, Parks Director ~
Tom McCaffrey, Dock Inspec~t'or~
SUBJECT: Update of Public Land Permits
City staff is in the process of updating permits for encroachments on public lands as directed by
the City Council. Special permits are required for private structures located on public lands as
specified in City Code Section 320.
Please find attached "Batch #2", this is a listing of dock sites that have private structures such as
stairways, or some other type of encroachment, located on public lands. These encroachments
have been inspected by the BUilding Official and Dock InspeCtor according to the prOcedure Manual.
Minor maintenance of some stairs is needed. Stairway types vary, such as metal, wood, landscape
timbers, or masonry products, and some types tend to cause minor erosion to the slope. Staff will
work with the affected dock site holders to correct erosion and insure maintenance is completed,
and stairs are reasonably safe.
Staff recommends approval of Public Land Permits for "Batch//2", subject to the following conditions:
1. The permits will expire five (5) years from the date of City Council approval, unless otherwise noted
in the "Comments" column on "Batch//2".
The permits must be renewed with change in dock license holder.
Repairs to stairways, and erosion control measures be made as required by the Building Official and
Parks Director.
Note: files and photographs are available at City Hall and will be on hand at the meeting. Please call Jon
Sutherland or Jim Fackler if you have any questions.
The abutting ownere and dock eite holdere have been notified. The Park and Open Space Commission recommendation will be heard
by the City Council on February 22, 1 994.
PROPOSED RESOLUTION #94- _
RESOLUTION TO APPROVE
SPECIAL PERMITS TO ALLOW PRIVATE STRUCTURES ON PUBLIC LAND
ACCORDING TO "BATCH #2"
WHEREAS, The City of Mound is updating the permits for structures located on public lands,
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, the Park and Open Space Commission reviewed these permits and recommended
approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as
follows:
1. To approve Public Land Permits for "Batch #2" as shown on the attached Exhibit A, subject to
the following conditions:
a. The permits will expire five (5) years from the date of City Council approval, unless
otherwise noted in the "Comments" column on "Batch #2".
dock license holder.
b. The permits must be renewed with
c. Repairs to stairways, ion control measures be made as required by the Building
Official and Parks I')irectdr.
d. If compliance to these conditions has not been achieved within one year of the date of
approval of the Permit, the applicant's dock license will not be issued until compliance has
been achieved.
February 22, 1994
Resolution #94-
EXHIBIT A
Batch #2
Public Land Permits
DOCK ABUTTING ADDRESS PRIVATE ADDITIONAL
SITE STRUCTURE
~ ~ · CONDiTiONS
02605 1580 HERON LANE STAIRWAY
02635 1580 HERON LANE STAIRWAY
02665 1580 HERON LANE STAIRWAY
02695 1601 PARADISE LANE STAIRWAY
02720 1601 PARADISE LANE STAIRWAY
02750 1601 PARADISE LANE STAIRWAY
02780 1601 PARADISE LANE STAIRWAY
02870 END OF THREE PTS. STAIRWAY
BLVD.
02900 END OF THREE PTS, STAIRWAY
BLVD.
02930 END OF THREE PTS. STAIRWAY
BLVD.
10310 1779 WlLDHURST LANE BIRD HOUSE 3 YEAR NON-RENEWABLE
PERMIT,
10520 1745 WlLDHURST LANE STAIRWAY
12490 1 733 GULL LANE RETAINING WALLS
12580 1 724 FINCH LANE STAIRWAY
13090 1729 DOVE LANE STAIRWAY,
TIMBER
13300 1 737 CANARY LANE STAIRWAY
13390 1736 BLUEBIRD LANE STAIRWAY, AND THE GARDEN AREA IS NOT
RETAINING WALL INCLUDED IN THIS APPROVAL.
MINUTES OF A MEETING OF THE
MOUND ADVISORY PARK AND OPEN SPACE COMMISSION
FEBRUARY 1994
pUBLIC LAND PERMIT~; ' BATCH #_2
Parks Director, Jim Fackler, reviewed the format developed by staff to present public
land permits for updating. Fackler stressed that the Park Commission should be
utilizing the flow chart when reviewing these items, especially the items noted by staff
that need special consideration for something out of the norm.
Fackler referred to "Batch #2" attached to the staff report which lists the dock sites
that have private structures such as stairways, or some other type of encroachment,
located on public lands. These encroachments have been inspected by the Building
Official and Dock Inspector according to the Procedure Manual. Minor maintenance
of some stairs is needed. Stairway types vary, such as metal, wood, landscape
timbers, or masonry products, and some types tend to cause minor erosion to the
slope. Staff will work with the affected dock site holders to correct erosion and insure
maintenance is completed, and stairs are reasonably safe.
Staff recommended approval of Public Land Permits for "Batch//2", subject to the following
conditions:
1. The permits will expire five (5) years from the date of City Council approval, unless
otherwise noted in the "Comments" column on "Batch//2".
2. The permits must be renewed with change in dock license holder.
Park and Open Space Comm/ss/on M/nutes February 10, 1994
3. Repairs to stairways, and erosion control measures be made as required by the Building
Official and Parks Director.
DOCK
SITE
02605
02635
02665
02695
02720
02750
02780
02870
02900
02930
10310
10520
12490
12550
12580
Batch #2
Public Land Permits
Park and Open Space Commission 2/10/94
ABUTTING ADDRESS
1580 HERON LANE
1580 HERON LANE
1580 HERON LANE
1601 PARADISE LANE
1601 PARADISE LANE
1601 PARADISE LANE
1601 PARADISE LANE
END OF THREE PTS.
BLVD.
END OF THREE PTS.
BLVD.
END OF THREE PTS.
BLVD.
1779WILDHURST
LANE
1745WILDHURST
LANE
1733 GULL LANE
1729 GULL LANE
1724 FINCH LANE
ENCROACHMENT
STAIRWAY
STAIRWAY
STAIRWAY
STAIRWAY
STAIRWAY
STAIRWAY
STAIRWAY
STAIRWAY
STAIRWAY
STAIRWAY
BIRD HOUSE
STAIRWAY
COMMENTS
*PENDING DISCUSSION
RETAINING
WALLS
STAIRWAY
STAIRWAY
STAIRWAY UNSAFE. DOCK
SPACE NOT USED AT THIS
TIME. RECOMMEND STAFF
WORK WITH ABUTTING
OWNER AND REMOVE
STAIRWAY. A DOCK PERMIT
WILL NOT BE ISSUED FOR
THIS SITE UNTIL RESOLVED.
Park and Open Space Cornm/ss/on M/nute$
2610
3090
1330O
13390
1728 FINCH LANE
1729 DOVE LANE
1737 CANARY LANE
1736 BLUEBIRD LANE
=LAG POLE
STAIRWAY,.
TIMBER
STAIRWAY
STAIRWAY,
RETAINING
WALLS, AND
GARDEN
February 10, 1994
· PENDING DISCUSSION
APPROVAL RECOMMENDED
FOR STAIRWAY ONLY.
RETAINING WALLS AND
GARDEN AREA ARE NOT
INCLUDED IN THIS
RECOMMENDATION-
~ ~ ·PENDING DISCUSSION
· These items need discussion. Plantings, flag poles, etc. can make a public area look private,
we need to set guidelines. Please refer to the Flow Chart and Use Plan for discussion.
Vice-chair Casey suggested that the Park Commission approve the permits for the stairways
which do not require any discussion, as noted in the comment column of "Batch 2". Casey
asked if anyone present had comments relating to any of the stairways being presented for
approval. Brian Stevenson of 1580 Heron Lane stated that he does not feel the stairway for
Dock Site 02665 is safe.
Fackler explained that condition//3 within the staff report states that staff will work with the
dock site holders to ensure that the stairways are maintained in a safe condition.
Ahrens stated that she would like to know which stairways do not require any repairs. It was
also suggested that it be noted if the dock site is used by the abutting property owner or by
a nonabutter.
MOTION made by Goode, seconded by Meyer, to recommend approval of the
permits for the following dock sites, as recommended by staff.
DOCK ABUTTING ADDRESS ENCROACHMENT
SITE
02605 1580 HERON LANE fAIRWAY
02635 1580 HERON LANE ~IRWAY
02665 i80 HERON LANE STAIRWAY
02695 1601 PARADISE LANE STAIRWAY
02720 1601 PARADISE LANE STAIRWAY
1601 PARADISE LANE STAIRWAY
02780 1601 PARADISE LANE ~.IRWAY
COMMENTS
3
Park and Open Space Comm/ss/on M/nutes February 10, 1994
02870 END OF THREE PTS. STAIRWAY
BLVD.
02900 END OF THREE PTS. STAIRWAY
BLVD.
02930 END OF THREE PTS. STAIRWAY
BLVD.
10520 1745 WILDHURST STAIRWAY
LANE
12580 1724 FINCH LANE STAIRWAY
13090 1729 DOVE LANE STAIRWAY,
TIMBER
13300 1737 CANARY LANE STAIRWAY
Motion carded unanimously.
Ahrens suggested that in the future the Commission look carefully at stairway locations, as
there may be alternatives for accessing the dock sites.
It was requested that the type of commons also be included on the "Batch" form.
Dock Site #10310, 1779 Wildhurst Lane, Bird House
The subject bird house is a martin house on a metal pole. The following points were raised:
The bird feeder does not interfere with the use of the common. - .......
This area of common is accessible and traversable.
There is room on private property for the bird feeder.
It was questioned if there are martins in the house, because if the house is not
maintained sparrows could move in.
The City is thinking about putting bluebird houses on the commons.
Should bird feeders be allowed at every dock site?
Intent is not to have the commons appear private.
Is there a negative impact?
MOTION made by Goode to recommend that the bird house be moved onto
private property before issuing a dock license for this site. Motion seconded by
Casey.
Ahrens noted that recently a permit was approved to allow a shed to remain for three years
and at that time the permit would not be renewable, and she feels the bird house should also
be able to remain for at least three years if a shed may remain.
MOTION withdrawn by Goode.
Park and Opel1 Space Corem~ss~on Minutes
February I0, 1994
MOTION made by Goode, seconded by Casey, to recommend approval of e
there year non-renewable permit for the bird house located on Wiota Common
abutting 1779 Wildhurst Lane, Dock Site #10520. Motion carried 6 to 1.
Those in favor were Goode, Casey, Dading, BYrnes, Meyer, and Geffre. Ahrens
opposed.
The Commission confirmed with staff that a letter will be mailed to the owner of 1779
Wildhurst Lane explaining the action taken.
Do k ite#1249 17 IILane Re inin W II .
The retaining walls on Wiota Common abutting 1733 Gull Lane, Dock Site #12490 were
discussed. It was noted that the walls were privately constructed and they are in good
condition.
MOTION made by Byrnes, seconded by Goode to recommend approval of a 5
year permit for the retaining walls as recommended by staff. Motion carried
unanimously.
DQck Site #12550, 1729 Gull Lane, Stairway.
Fackler explained that this stairway consists of cement blocks imbedded into the hill. This
dock site is not utilized by the abutting owner or any other individual.
Fackler noted that there is not much need for a stairway in this area as there is a stairway at
the end of gull, and then the bottom of the hill is traversable to this dock site. Fackler also
noted that the slope is not so steep that it would not be difficult to repair the grade.
MOTION made by Ahrens, seconded by Byrnes to table this request until staff
can discuss removal of the stairway with the abutting owner. Motion carried
6 to 1. Those in favor were: Ahrens, Byrnes, Goode, Casey, Geffre, and
Meyer. Darling opposed.
D(~Ck Site 12610, 1728 Finch Lane. Flaq Pol~
Fackler announced that this flagpole has been removed from the common.
Dock Si #1 390 17 BI ebir L ne Sairw R tainin W II ndG r n.
The need for this retaining wall was discussed. The abutting owner, Scott Schmieg, stated
that the previous owners of the house told him that the City installed the wall. Fackler stated
that he is not familiar with the site.
MOTION made by Darling, seconded by Meyer to table this request pending a
staff report on the need for the retaining wall. Motion failed 5 to 2. Those in
favor were Darling and Meyer. Those opposed were Byrnes, Ahrens, Casey,
Goode, and Geffre.
Mr. Schmieg stated that it is his opinion the retaining wall is needed to help prevent erosion;
the size of the wall is apProximately 2' high by 12' long and is constructed of log timbers.
Park and Open Space Comrn/ssion Minutes February 10, t 994
The Parks Director retrieved a photograph of the property from his office and the Commission
and staff reviewed the photo. Jim questioned Shoreland Management requirements relating
to retaining walls constructed within a bluff impact zone.
Mr. Schmieg stated that the wall is not for a garden or a planter, but last year he planted some
marigolds on the inside of the wall. If he had his preference, he would rather have the wall
remain as is.
MOTION made by Darling, seconded by Casey to recommend approval of the
stairway and ask that the retaining wall be removed, and that the retaining wall
at 1733 Gull Lane be reassessed.
Casey questioned staff if the hillside could be restored if the retaining wall is removed. The
Parks Director believes the area could be restored, but questioned who should be responsible
for removal. Scott Schmieg stated that he believes there is a lot of run-off from the street and
that is why the wall was put up.
Motion failed 3 to 4. Those in favor were: Darling, Casey and Meyer. Those
opposed were: Byrnes, Ahrens, Goode, and Geffre.
MOTION made by Ahrens, seconded by Byrnes to recommend approval of a five
year permit for the retaining wall. Motion carried 4 to 3. Those in favor were:
Byrnes, Ahrens, Goode, and Geffre. Those opposed were: Darling, Casey and
Meyer.
It was noted that the garden was not included in the approval of the retaining wall. The Parks
Director explained to the Commission that parameters should be set for allowing plantings on
the commons. Ahrens commented that she does not see marigolds as a negative impact to
this commons.
MOTION made by Byrnes, seconded by Ahrens to allow marigolds to be planted
by the retaining wall on Wiota Commons abutting 1736 Bluebird Lane.
The Commission discussed guidelines for plantings on the commons.
Motion withdrawn by Byrnes and Ahrens.
MOTION made by Ahrens, seconded by Casey to have the Park and Open
Space Commission to develop a policy for allowing plantings and gardens on
the commons. Motion carried unanimously.
It was suggested that the Commission meet at 6:00 p.m. on Thursday, March 10, 1994, just
prior to the regularly scheduled meeting, to discuss this issue.
MOTION made by Ahrens, seconded by Casey to table the request for a permit
to allow a garden on Wiota Commons abutting 1736 Bluebird Lane until a policy
for plantings on the commons is established. Motion carried unanimously.
Andrea Ahrens was excused from the meeting.
&oil'
6
CITY OF MOUND
STAFF REPORT
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364-1687
(612) 472-0600
FAX (612) 472-0620
DATE:
February 10, 1994 Park & Open Space Commission Meeting
TO:
FROM:
Park and Open Space Commission and Applicant
Jon Sutherland, Building Offals3!
Jim Fackler, Parks Director
Tom McCaffrey, Dock Inspeczor-
SUBJECT: Update of Public Land Permits
City staff is in the process of updating permits for encroachments on public lands as directed by
~e City Council. Special permits are required for private structures located on public lands as
pecified in City Code Section 320.
Please find attached "Batch #2", this is a listing of dock sites that have private structures such as
stairways, or some other type of encroachment, located on public lands. These encroachments
have been inspected by the Building Official and Dock Inspector according to the Procedure Manual.
Minor maintenance of some stairs is needed. Stairway types vary, such as metal, wood, landscape
timbers, or masonry products, and some types tend to cause minor erosion to the slope. Staff will
work with the affected dock site holders to correct erosion and insure maintenance is completed,
and stairs are reasonably safe.
Staff recommends approval of Public Land Permits for "Batch #2", subject to the following conditions:
1. The permits will expire five (5) years from the date of City Council approval, unless otherwise noted
in the "Comments" column on "Batch #2".
2. The permits must be renewed with change in dock license holder.
3. Repairs to stairways, and erosion control measures be made as required by the Building Official and
Parks Director.
Note: files and photographs are available at City Hall and will be on hand at the meeting. Please call Jon
Jtherland or Jim Fackler if you have any questions.
abutting owners and dock site holders have been notified. The Park and Open Space Commission recommendation will be heard
by the City Council on February 22, 1994.
pr~nted on recycled paper
Batch #2
Public Land Permits
Park and Open Space Commission 2/10/94
DOCK ABU'i I lNG ADDRESS ENCROACHMENT COMMENTS
SITE
02605 1580 HERON LANE STAIRWAY
02635 1580 HERON LANE STAIRWAY
02665 1580 HERON LANE STAIRWAY
02695 1601 PARADISE LANE STAIRWAY
02720 1601 PARADISE LANE STAIRWAY
02750 1601 PARADISE LANE STAIRWAY
02780 1601 PARADISE LANE STAIRWAY
02870 END OF THREE PTS. BLVD. STAIRWAY
02900 END OF THREE PTS. BLVD. STAIRWAY
02930 END OF THREE PTS. BLVD. STAIRWAY
10310 1779 WILDHURST LANE BIRD HOUSE *PENDING DISCUSSION
10520 1745 WILDHURST LANE STAIRWAY
12490 1733 GULL LANE RETAINING WALLS
12550 1729 GULL LANE STAIRWAY STAIRWAY UNSAFE. DOCK
SPACE NOT USED AT THIS TIME.
RECOMMEND STAFF WORK WITH
ABUTTING OWNER AND REMOVE
STAIRWAY. A DOCK PERMIT
WILL NOT BE ISSUED FOR THIS
SITE UNTIL RESOLVED.
12580 1724 FINCH LANE STAIRWAY
12610 1728 FINCH LANE FLAG POLE *PENDING DISCUSSION
13090 1729 DOVE LANE STAIRWAY, TIMBER
13300 1 737 CANARY LANE STAIRWAY
13390 1 736 BLUEBIRD LANE STAIRWAY, APPROVAL RECOMMENDED FOR
RETAINING WALLS, STAIRWAY ONLY. RETAINING
AND GARDEN WALLS AND GARDEN AREA ARE
NOT INCLUDED IN THIS
RECOMMENDATION.
*PENDING DISCUSSION
· These items need discussion. Plantings, flag poles, etc. can make a public area look private, we need tu
set guidelines. Please refer to the Flow Chart and Use Plan for discussion.
0
f
0
0
02665
BRIAN STEVENSON
1580 HERON LANE
MOUND, MN 55364
02605
BOB COMMERFORD
1600 HERON LANE
MOUND, MN 55364
02635
WILLIAM CARROW
4929 GLEN ELYN ROAD
MOUND, MN 55364
JOSEPH SELTZ
1601 PARADISE LANE
MOUND, MN 55364
026~5/
GEOR~ELTZ
4965/4~R~ISE LANE
MOUND, M~ 55364
02720
BRIAN JOHNSON
4945 GLEN ELYN ROAD
MOUND, MN 55364
02750
EUGENIA PETERSON
1642 HERON LANE
MOUND, MN 55364
02780
ERNIE STRONG
4934 CRESTVIEW ROAD
MOUND, MN 55364
02870
GERALD TASA
4924 THREE POINTS BLVD.
MOUND, MN 55364
02900
DAN ANDERSON
4969 THREE POINTS BLVD.
MOUND, MN 55364
02930
JOEL LASKEY
1749 SUMACH LANE
MOUND, MN 55364
10310
RON VOGEL
1779 WILDHURST LANE
MOUND, MN -55364
10520
PAT O'FLANAGAN
1745 WILDHURST LANE
MOUND, MN 55364
12490
MITCH LAPOINTE
1733 ~ULL LANE
MOUND, MN 55364
12580
MICHAEL GARDNER
1724 FINCH LANE
MOUND, MN 55364
12610
JEFF JESBERG
1728 FINCH LANE
MOUND, MN 55364
13090
DR. JOHN WOOD
1729 DOVE LANE
MOUND, MN 55364
13300
JANUSZ ZORAWSKI
1737 CANARY LANE
MOUND, MN 55364
13390
SCOTT SCHMIEG
1736 BLUEBIRD LANE
MOUND, MN 55364
12550
ROSE BIALON
1729 GULL LANE
MOUND, MN 55364
February 22, 1994
RESOLUTION APPROVING AN AGREEMENT FOR THE
INSTALLATION OF A FISHING PIER AT CENTERVIEW BEACH
& AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE
A CONTRACT WITH THE STATE OF MINNESOTA
BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, that
the Mayor and City Manager are authorized to execute the attached Agreement (EXHIBIT A)
with the State of Minnesota, for the installation of a fishing pier at Centerview Beach.
A, THOMAS WURST, P.A.
CURTIS A. PEARSON, P,A.
dAMES D. L~RSON, P.A.
THOMAS F, UNDERWOOD, P.A,
CRAIG M. ~ERTZ
ROGER ,J. FELLOWS
LAW OFFICES
WURST, PEARSON, LARSON, UNDERWOOD & I'~ERTZ
ONE FINANCIAL PLAZA, SUITE I100
120 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 5540=~-iao3
February 14, 1994
RECEIVED
Mr. Ed Shukle
City Manager
City of Mound
5341 Maywood Road
Mound MN 55364
Dear Ed:
I have reviewed the State contract and do not have any suggested
changes. The City has more responsibilities than you indicated, i.e.,
Concrete work;
Hard surfaced walk;
City to operate and maintain, pay for routine main-
tenance;
City to get license or permit to operate;
City to take out or protect from ice damage;
20 year contract.
Based on this understanding, the City Council should authorize the
Mayor and City Manager to execute the contract.
Very truly yours,
CAP: ih
Curtis A. Pearson
City Attorney
PHONE NO.
~ STATE OF
EPARTMENT OF NATURAL RESOURCES
REGI0ti ¥I TRAILS & WATERWAYS. 1200 UARtlER ROAD. ST. PAUl., MN 551~OLE6HO
(612) 772-7935
February 4, 1994
Mr. Jim Fackler
Parks Director, City of Mound
5341Maywood Road
Mound. MN 55364
Dear Mr. Fackler:
Please find enclosed a draft co~i~f the Fishing Pier agreement for Lake
Minnetonka. Harrison's Bay. · agreement is our standard one used
throughout the State.
I would appreciate it if you could have the proper people ~j~in your
organization review it for any questions, or concerns they may . If it
looks alright please let me know and I will send out the necessary copies
for signatures. When the time comes we will need the signatures of one
administrative official and one elected official.
Should you have any questions please feel free to contact me. I will be
waiting to hear from you.
Sincerely,
Martha J. Reger
Area Trails and Waterways Supervisor
Region 6 Trails and Waterways
enclosure
AN EQUAL OPPORTUNITY EMPLOYER
AGREEMENT
This Agreement, between the Slate of Minnesota, actln~ by and through the
Commissioner of the Department of Natural Resources, hereinafter referred to as the
"Statet, and City of Mound, hereinafter referred to as the "local unit of governmentt.
WITNF_~SETH:
WHEREAS, the Commis~ioner of Natural Resources has the authority, duty, and
responsibility under Minnesota Statutes Section 97A.141 (1992) to provide the public
with free state water access sites on lakes and rivers where access is inadequate; and
WHEREAS, additionally, the Commissioner of Natural Resources has the
authority, duty and responsibility under Minnesota Statutes Section 97A.065,
Subdivision 3 (1992) to provide the public with fishing piers; and
WHEREAS, the Slate and the local unit of government are authorized under
Minnesota Statutes Section 471.59 (1992) to enter into agreements to jointly or
cooperatively exercise common powers; and
WHEREAS, the local unit of government and the Slate have determined that a
fishing pier site on Lake Minnetonka, Harrisons Bay, hereinafter referred to as the
"Fishing Pier" is of high priority under the state public water access program; and
WHEREAS, plans for the Fishing Pier have been developed and approved by the
Slate and are attached hereto as Exhibit "A" and shaH be referred to as the "Plan"; and
WHEREAS, a Fishing Pier site location on Lake Minnetonka, Harrlsons Bay has
been selected by the Slate and local unit of government as shown on the map attached
hereto as "Exhibit B" and is legally described as follows:
"See Attached"
WHEREAS, the State and local unit of government desire to cooperate in the
Installation and maintenance of the Fishing Pier on Lake Minnelonka, Harrisons Ba~'.
NOW, THEREFORE, In consideration of the mutual benefits to be derived by
the public bodies hereto and for the benefit of the general public, the parties agree as
follows:
I.
H
INSTALLATION
Installation of the Fishing Pier structure itself shah be the responsibility of
the State, however, the local unit of government shah provide personnel,
and equipment when feasible, to assist with the installation. The local unit
of government will construct and pay for a concrete footing and approach
at the shoreline connecting the gangway to the shore. The local unit of
government will also construct and pay for a hard surfaced, accessible
sidewalk/path connecting the Fishing Pier to an accessible parking space.
The local unit of government agrees to complete their portion of the
project within one year of the effective date of this Agreement.
OPERATION OF THE FISHING PIER
The local unit of government shah operate the Fishing Pier in the foHowlng
manner:
A. The local unit of government shall comply will all local, state and
federal laws, regulations, rules and or&inances which may apply to
the management, operation and maintenance of said premises.
B. The Fishing Pier may only be used for fishing, observation and
Ce
other compatible uses.
The F'tshing Pier and related facilities shah be free and remain open
every day during open water season for at least sixteen (16) hours
per day between the hours of 6:00 a.m. and midnight, or in
conjunction with existing and established local unit of government
hours of use for its park facilities. The Fishing Pier may be closed
by the local unit of government in emergency situations, or with the
prior written consent of the State. The State shah be notified
within three (3) days if the Fishing Pier is dosed for emergency
Ge
K®
Free and adequate parking In the vicinity will be provided for the
Fishing Pier Including at least one designated accessible parking
space for persons with disabilities.
The State reserves the right to inspect the premises at all times to
insure that the local unit of government is in compliance with the
terms of this Agreement.
The local unit of government shah provide police protection in
accordance with the local unit of governments customary practices
In providing for the local unit of government's public park areas.
The State shah post a sign informing the public that the Fishing
Pier is cooperatlvely provided by the local unit of government and
the Minnesota Department of Natural Resources
The State shall retain ownership of the Fishing Pier and retains the
authority to relocate and/or remove the F'tshing Pier if the site
(Exhibit B) is determined to be Inadequate of if the local unit of
government fails to comply with the terms of this Agreement.
Before such removal or relocation, the State shah consult with the
local unit of government..
The local unit of government shah make a good faith effort to keep
the Fishing Pier in clean and sightly order in accordance with the
local unit of government's customary practices for the maintenance
of public park areas. Additionally, the local unit of government
shall provide aH necessary routine maintenance and minor repairs,
Including but not limited to the repair, or replacement of decking
and railing. The State shah assist the local unit of government with
major structural repairs subject to the availability of funding
according to the provisions of Paragraph Ill below.
The local unit of government shah provide any permit or license to
the State which it might require for the Fishing Pier.
The local unit of government shah take any necessary action no
earlier than October 15th to protect the Fishing Pier from damage
caused by ice action. Additionally, if necessary, the local unit of
government shah return the F'tshlng Pier to its original location,
Exhibit "Bt,. no later than May 1st.
tn. NDING
The State shall provide the Fishing Pier structure in accordance with the
Plan. The cost of the Fishing Pier structure shah be borne by the State,
except for any amount committed as a local match for the pier. The
obligation of the State for the cost of repairs and structural improvements
beyond the initial construction cost is limited to the amount of funds
legislatively appropriated and administratively allocated to this project.
IV. LIABILITY
Each party agrees that it will be responsible for its own acts and the
results thereof to the extent authorized by the law, and shah not be
responsible for the acts of the other party and the results thereof. The
State's liability shah be governed by the provisions of the Minnesota
Tort Claims Act, Minnesota Statutes Section 3.736. (1992), and other
applicable law. The local unit of government's liability shah be
governed by Minnesota Statutes Sections 466.01-466.15, and other
applicable law.
¥. TERM
This Agreement shah be effective on the date that it is encumbered by the
Minnesota Commissioner of Finance and shah remain in effect for twenty
(20) years except as otherwise provided herein or agreed to in writing by t
the parties. The term of this Agreement may be extended as appropriate
and agreed to in writing by both parties.
VI. AUDIT
The books, records, documents, and accounting procedures and practices
of the local unit of government relevant to this agreement are subject to
ex_~mlnatlon by the Commissioner of Natural Resources and the State
Auditor.
IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed
Intending to be bound thereby.
DEPARTMENT OF NATURAL RESOURCES CITY OF MOUND
By: By:.
Title: Title:
Date: Date:
APPROVED AS TO FORM AND EXEC-NJTION
HUBERT H. HUMPHREY, IH, Attorney General
By:
Title:. Ass~an~ Attorney General
Date:
CITY OF MOUND
By:,
Title:
Date:
COMMISSIONER OF ADMINISTRATION
By:,
Title:
Date:
DEPARTMENT OF FINANCE
By:,
Title:
Date:
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NATURAL RESOURCES
~.~ MINNESOTA I~'EPARTMENT OF" NATI~RAL RES
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CITY of MOUND
5341 MAYWO~D ROAD
MOUND. MINNESC-:, 553E-'-' 687
,612 472-~. 5,:~0
FAX 16!2, a-£ 062C
1993 ANNUAL LIQUOR OPERATIONS REPORT **
by Joel Krumm
1993 is over and did it ever seem to go by fast. Besides the normal turn over rate in my
part time employees, matters remained the same. There were only three changes of significance
as far as the appearance of the store was concerned. First of all, I vastly improved the quality
and selection in our wine department. When doing so I also did a major reset in this area,
redefining categories making it easy and clear for the customer to shop. Secondly, in March
I installed new counter tops, replacing the old worn out ones. To protect them from abuse and
weathering, we placed plexiglass covers over them. And last, in April we had new carpeting
installed. This replaced the old carpeting which had lasted for 16 years. A project that was
long overdue.
Total sales for all departments (beer, liquor, wine, mix and misc., and discounts) for
1993 were $1,317,201. Total sales for 1992 were $1,193,308. An increase of slightly over
10%! Beer was up 11.25%, liquor 9.25%, wine 10%, mix and misc. 9.50%, and the discounts
we offer our customers on large purchases of liquor and on sales of wine on Mondays was up
20%. Total customers for the year totalled 110,745. Customer count for 1992 was 105,131.
An increase of 5,614. Average sale per customer in 1993 was $11.89. In 1992, the average
sale per customer was $11.35. The average sale was up 4.50%, roughly, the amount the cost
of goods exceeded the cost of goods for 1992. Thus, the average sale per customer rising
accounted for $56,770 more in sales while the expanded customer base accounted for $67,123
more in sales.
Our total square footage for the liquor store is 2,855. If you take the total square footage
and divide it by the total sales, you will arrive at $461 per square foot. However, the
configuration of the store allows us approximately only 1600 square feet, includes beer cooler,
for merchandising. Take 1600 square feet and divide by the total sales, The dollar amount per
square foot rises to $823.
I expect that 1994 will be a calmer year, unless, that is, we get a hot summer which we
did not have in 1993. My conservative prediction for sales this year is around $1,350,000 to
$1,360,000.
JK:ls
printed on recycled paper
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364-1687
(612) 472-0600
FAX (612) 472-0620
February 18, 1994
Honorable Mayor, City Council and City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
SUBJECT:
1993 ANNUAL REPORT
PLANNING AND INSPECTIONS DEPARTMENT
Dear Mayor, Council and City Manager:
It is with great pleasure I present to you this Annual Report of the Planning & Inspections
Department.
It is our hope that this report will supply City Management with enough data to study and
then decide and direct this department in its course of action in the coming years.
We welcome any comments, suggestions or questions you may have.
Rospoot~Ily,~~~
Oo~Sut~teriand '
Building Official
JS:pj
! printed on recycled paper
PLANNtNG AND %NSPEC'i'tONS DEPARTMENT
1993 ANNUAL REPORT
CONTENTS
Paqe
1
ABOUT THE DEPARTMENT ........................................
2
CONSTRUCTION ACTIVITY ........................................
2-4
PLANNING & ZONING ...........................................
5-6
REVENUE/EXPENDITURES ........................................
6
COMPLAINTS .................................................
6-7
EDUCATION AND TRAINING .....................................
7
SUMMARY ...................................................
BREAKDOWN OF CONSTRUCTION ACTIVITY .......................
TOTAL YEARLY VALUES OF NEW CONSTRUCTION ..................
NEW HOUSING UNITS (1974- 1992) ............................
BUILDING ACTIVITY REPORT, DECEMBER 1993 .....................
PLANNING & ZONING CASES .................................
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
1993 Annual Report Planning & Inspections Department
ABOUT THE DEPARTMENT.
Our purpose is to assist the general public, administrate and enforce the provisions of
the Mound City Code, Zoning Ordinance, State Building Code, and related state statutes and
regulations. It's our duty is to serve the public by careful application and enforcement of the
regulations adopted by the City, guided by the city council and directed by the City Manager.
~ The Department has two full time employees, myself and Peggy James, who
also works with the Parks Department. June Hyland and Rick Maki of the Police Department
also work part time as our Community Service Officers (CSO's).
~ We work closely and are very interdependent with all other departments
in the City and we appriciate all their help in getting our job done with a team effort to serve
the public. In. addition to full time staff, the following personnel assist us:
City Planner
City Engineer
Mark Koegler,
Hoisington Koegler Group, Inc.
John Cameron,
McCombs Frank Roos & Assoc.
Building Inspections
Plumbing Inspector
Loren Kohnen,
Metro West Inspection Services
John Breitner
Jerry Kurth
Electrical Inspector
Support Staff
Al Tollakson,
State Board of Electricity
June Hyland, CSO
Rick Maki, CSO
Police Department*
(complaints, derelict auto-
mobiles, and ordinance
violations)
1993 Annual Report
Planning & Inspections Department
Fire Department.
Fire Chief
Fire Marshal
Asst. Fire Marshal
Secretary
Steve Erickson
Mike Palm
Jerry Babb
Judy Bryce
CONSTRUCTION ACTIVITY:_
Construction activity is measured by commercial/residential total permit value. 441
permits were issued this year with a total value of $4,220,227. This is very close to the
1992 figure. Permit activity is detailed in the following breakdown. Note Exhibits A, B, and
C.
The bulk of permit activity this year has been 19 new single family dwellings and the average
value is slightly up from 1992.
Commercial work was again slow this year, down about 2% from 1992 and this
continues a downward trend in activity since 1989. The future looks bright with all the work
being proposed by the School District. We are anxious to see more extensive commercial
redevelopment. It also looks promising for new residential development in Teale & Pelican
Point areas.
For a breakdown of construction activity, see Exhibit A.
PLANNING & ZONING:_
There were 58 total Planning and Zoning requests resulting in a 22 percent decrease
from 1992. 45 of the 59 cases were variance requests with 39 variances being approved.
Our one PDA, Teal Pointe, with nine proposed lots in the Whipple Addition is still ongoing.
We hope to see final approval with construction to start this Spring.
The balance of the Planning and Zoning actions consisted of 6 minor subdivisions, 4
major subdivisions, and a request for a vacation.
1993 Annual Report Planning & Inspections Department
PLANNING COMMISSION BOARD OF APPEALS
Case Statistics
CONDITIONAL USE PERMITS 2 2
SUBDIVISIONS, MAJOR 4 4
. SUBDIVISIONS, MINOR 6 6
VACATIONS
1 1
VARIANCES 39 3 3 45
TOTAL 5 ! 3 4 58
CONDITIONAL USE PERMITS 5
SUBDIVISIONS, MAJOR 3 3
SUBDIVISIONS, MINOR 4 I 5
VACATIONS 3 1 4
VARIANCES 51 3 3 57
TOTAL 66 5 3 0 74
·....., .... ,......:: ............ :.:.:.:.: ....... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: . ,,, ,.,........,.,,......,.,................. , .,.,., ,...,,............... .................................~.....:.;.;.;.:.:.:.:
CONDITIONAL USE PERMITS 6 6
SUBDIVISIONS, MINOR 4 5
ZONING AMENDMENTS 1 1
VACATIONS 1 1
HOUSE MOVINGS 1 1
VARIANCES 42 2 1 44
TOTAL 54 3 0 1 58 -
CONDITIONAL USE PERMITS 4 4
SUBDIVISIONS, MAJOR I 1
SUBDIVISIONS, MINOR 4 4
VACATIONS
0
ZONING AMENDMENTS 2 2
RESOLUTION AMENDMENTS 2 1 3
VARIANCES 22 5 2 0 29
1993 Annual Report
Planning & Inspections Department
CONDITIONAL USE PERMITS 6 ~ --------- ~
3
SUBDIVISIONS, MAJOR 3
8
SUBDIVISIONS, MINOR 6 1 1
VACATIONS 1 ___.--------
ZONING AMENDMENTS 1 I 2
2
HOUSE MOVINGS 2 ______._ ~ ------------ -
VARIANCES 19 ~ ~ ~
38 7 I 3 49
CONDITIONAL USE PERMITS 5 __._.--------
SUBDIVISIONS, MAJOR --------------
7
5
VACATIONS 5
3
ZONING AMENDMENTS 3
1
I
1
GRADING 1
VARIANCES 14 3 1 18
35 4 0 I 40
TOTAL
The City Council's actions were in agreement with the Planning Commission's
recommendations, with some amendments at the council level, as follows:
1993 = 96.5%
1992 = 96%
1991 = 98%
1990 = 100%
1989 = 92%
1988 = 95%
New Planning Issues in 1993.
Floodplain Regulations were adopted February 6, 1993. Assembled in response to
federally mandated legislation, reviewed and approved by the Department of Natural
Resources. This ordinance maintains the City's eligibility in the National Flood Insurance
Program. Staff processes about 130 floodplain evaluations each year when properties are
4
1993 Annual Report Planning & Inspections Department
either sold or refinanced.
Shoreland Manaqement Ordinancn adopted March 15, 1993. It's biggest impact has
been hardcover at a maximum of 30%, but suprisingly variance requests are down? The
long term impact is yet to be seen.
Rental Housin.q Ordinance (RHO| was adopted August 23, 1993. After much ado, the
RHO was adopted. It has not been a great disturbance. Implementation was a relative ease.
The additional inspections due to complaints have been assimilated into the work load of
existing staff. Rental owners that I have met and worked with generally agree, there is
nothing in our ordinance that is beyond the conditions that they want to keep their property
in.
Zoning Ordinance Modifications were adopted March 15, 1993. Comprehensive
changes were made. Amendments included, housekeeping changes, accessory building
regulations, acceptable building materials, setbacks and other issues.
Cominq in 1994:
Truth in Housing.
Exterior completion regulations for residential properties.
Posssible DNR relaxment of the 30% hardcover rule of up to 50% for existing
lots with conditions.
The MCWD (Minnehaha Creek Watershed District) is considering the formation
of a technical review committee to look at relinquishing shoreland alteration
permit responsibilities to cities that have equal regulations and a permit process.
REVENUE & EXPENDITURES?
Below is a summary of budget and revenue for construction activity:
1991 1991 1992 1992 1993 1993 1994
BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL PROPOSED
REVENUE 65,700 68,041 65,100 82,314 73,050 75,491 74,448
EXPENDITURES 123,230 124,778 127,000 153,683 138,440 131,514 157,850
5
1993 Annual Report
Planning & Inspections Department
COMPLAINTS:
Following is a brief recap on the number of complaints received resulting in violations
of the zoning ordinance, garbage collection practices, and nuisance ordinance:
1989 ........ 108
1990 ........ 101
1991 ........ 80
1992 ........ 77
1993 ........ 164
More statistics for complaints, derelict vehicles, warning tags and tows are located
within the Police Report.
Not included in these figures are complaints related to violations of the sign ordinance,
building code, or issues addressed independently by staff or miscellaneous complaints
handled by the Police Department.
Our response in the area of handling complaints has improved. This is mainly due to
the additional part-time CSO. We feel we have accomplished the Department's goals for
1993 and will continue with the same goals in 1994. I anticipate improved performance of
our CSO's as a result of experience, cooperation and teamwork. Goals for 1994:
o Revise and continue to develop procedures for effective nuisance abatement
consistent with community spirit.
o Improve record keeping and tracking of complaints and problem areas to
provide for improved compliance.
o Improve public awareness of zoning codes and ordinances.
Improve staff's response to complaints.
EDUCATION AND TRAINING:
Every municipality within the State of Minnesota over a certain pOpulation is required
by state statutes to adopt the State Building Code in it entirety and appoint a qualified
Building Official who is tested and certified by the Department of Administration Building
Codes and Standards Division.
6
1993 Annual Report Planning & Inspections Department
Each Building Official must satisfactorily complete applicable educational programs
established or approved by the Commissioner of the Department of Labor and Industry.
Continuing Education is imperative to maintain certification and to stay abreast of the
every changing codes and new methods of construction.
Some of my educational opportunities in 1993 were:
o ICBO Annual Building Officials Code Change Meeting September through
September.
36th Annual Institute for Building Officials, University of Minnesota Earl Brown
Institute
North Star/ICB0 Chapter regular meetings.
I continued work on my associates degree in Building Inspection Technology at
North Hennepin Community College in the evening, with a Fire Supression
System course.
SUMMARY:
Much has happened in the last year, yet it is gone already. Our department is a year
older, we have successfully negotiated through this past year and We are more mature and
skilled to deal with the challenges ahead. We will endeavor to continue to improve our
efficiency and service to the public.
I am delighted to be surrounded by such excellent people within this and other
departments of the City. We look forward to another exciting and challenging year.
1993 Annual Report
Exhibit A
Planning & Inspections Department
1993 Annual Report Planning & Inspections Department
Exhibit B
TOTAL YEARLY VALUES OF NEW CONSTRUCTION
4
2-
0
9'5 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93
YEAR & YEARLY VALUE IN THOUSANDS $
1993 ,,lnnual Report
Planning & Inspections Department
Exhibit C
NEW HOUSING UNITS
Z
:::)
120
lO0
4O
2O
75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93
YEAR
1993 Annual Report Planning & Inspections Department
Exhibit .D
BUILDING ACTIVITY REPORT
Month: OECE~SER Year: 1993
THZ8 YEAR TO DATE
I I~]UvIIT$ I UHIT$ VALUATION I UNIT~ VALUATION
C'tIO#
siNot~ F,U~.¥ z:)erncx~o 3 3 333 t 716 19 1 ~986 ~680
SINGLE FAMILY ATTACHED
TWO FAMILY t DUllLEX
Lfl~LTU~Z FAJ~ILY ~J ol MO~ unrra)
TItANSIZ~.NT HSO. {HOTEL~ I IdOl'EL~
SUe'tO'gM, 3 3 333,716 19 I t9861680
g]l I PERMrI~ VALUATION I I~J~IT~ VALUATION
C'O~D41~CIAL 0~TAIL~ES'tAUP. A]V~
OF'I~ I PROI~SSIONAL
I~DUSTRL~.
D
TERATZONI t PI~.MFF$ VALUATK)N t PLqMITS VALUATION
ADDIT)ON$ TO PRO¢CI~AL IUILDINO
DETACHED ACCESSORY BUILDOHG$ 21 207,039
DEC~ 42 120,403
SW~O~rNo ~OtJ 3 20,889
ML~=~.t. AN EOU S ~U~OD~. 8 33,0?0 189 808,810
Stm~O'tM, 9 39,070 292 .I 1,918,586
~TXONI I PFJUdrI~ VALUATION ~ I~]LMrI~ VALUATION
coa~lmcb~L / p_rrAa. 11 51, ?~$
omc'E / eaOFESS~ONAL I 7.5,000
INDUSTRIAL 5 130,766
PUBUC; scxoot~ I .57 ,~50
DETACHED ACCFq~OR¥ BUILD[NOS
StmTO~At, 18 31&,961
DEMOI. ITIONI t PERMITS ~ UNITS VALUATION # PERMITS VALUATION
RESIDF.~ITIAL DWELU~O$
DETACHED ACCESSORY BUILDINGS 2
NON-~.S IDENTIAL BUILDINO$
TOTAI~ DE34OLI TIONI 7
CONnJ~RI lONl[¢P, AgOg OF USg I PE~.Mrr~ I uNrl~ VALUATION I PEILMIT~ VALUATION
FIOM/I'O:
TOTJt~ CONV~R~ ZON~
I I'ER.MIT~ I UNIT~ YALUATION ~ VALUATION
TOTAL ~ 3 372,786 , 19 4,220.22~
336
*IuiL~INo 12 336
Prd~c~ & p. LrrAmmO wALM 0 39
Mr=c~A~CAL ~, 76
GRADING 0 9
saw. s"r~£ET gxq.~v., Fm~, gtC. 7 &0
~M,! 31 633
1993 Annual Report
70
60
50
~40-
20
10
0,
1988
Exhibit E
Planning & Inspections Department
CITY OF MOUND
PLANNING & ZONING CASES
1989 1990 1991 1992 1993
YEAR
LEN HARRELL
Chief of Police
MOUND POLICE
5341 Maywood Road
Mound, MN 55364
Telephone 472-0621
Dispatch 525-6210
Fax 472-0656
EMERGENCY 911
February 10, 1994
Mr. Ed Shukle, City Manager
City of Mound
Mound, MN 55364
Dear Mr. Shukle:
Contained within the following pages is the annual report for
the police department. The report addresses the budget,
personnel, training, equipment, community education,
statistics, and emergency preparedness.
This year has been one of relative stability within the
department. Both Officer Denneson and Officer Swensen
satisfactorily completed their probation in 1993. The
department joined with the building department to hire an
additional Community Service Officer to assist in enforcing
the exterior maintenance codes. Rick Maki is doing an
excellent job!
The department continued its relationship with the Southwest
Metro Drug Task Force and Sgt. Hudson continued as the
administrator/coordinator and is doing an excellent job. We
continued to present the D.A.R.E. program in the 5th grade
and at the elementary school; with excellent community
support. The budget expenditures were 1.4% under projections
as of February 7, 1994.
Part I and Part II offenses accounted for 1,120 calls for
service, up 3% over 1992. Total contacts were up by 24%, but
Part I offenses were down by 4.5% (almost a 10% decline from
1991).
The department continues to emphasize dedication to the
community through the highest standards of service and through
quality training for its employees. The department continues
the "Citizen Comment Card" feedback survey that is handed out
on traffic encounters and randomly sent to our service
"customers".
hief
MOUND POLICE DEPARTMENT
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
TABLE OF CONTENTS
PAGE
Introduction 1
Budget Administration 2
Organizational Chart 3
Personnel 4
Training 11
Equipment 13
Community Education 14
Statistics 16
Emergency Preparedness 25
Southwest Metro Drug Task Force 26
INTRODUCTION
The mission of the Mound Police Department is to
provide protection and service to the people of
Mound. Many of the activities of the police
department are described and summarized in this
report for 1993.
MOUND POLICE MISSION STATEMENT :
The Mound Police Department, through teamwork and
cooperation, will be responsive to our citizens'
needs with a professional level of dedicated
service. Officers will display the highest
integrity, and regard each citizen with a focused
and unbiased attitude. Our citizens will determine
our Success.
Much of how a police department is evaluated is
based on statistics, as found in this report.
Information for these statistics comes from internal
record-keeping and also from participation in the
Minnesota Criminal Justice System (CJIS).
In analyzing the crime statistics, several factors
need to be considered:
2.
3.
4.
5.
Population density
Proximity to metropolitan area
Population composition
Population stability
Number, sophistication, and development of
police personnel
The only area that the police department has control
is the fifth category. The police department is
consistently looking at ways to better utilize and
train personnel to provide better service.
The report is provided to highlight the most
important areas of police department activity and to
be used as a gauge for evaluating service. The
report includes some comparisons to past years and
provides a tool for planning activities in the years
to come.
- 1 -
II.
BUDGET ADMINISTRATION
The 1993 police budget will close out a little under
($11,000) projections. The final expenditures for
the police department will amount to approximately
$768,157.00. The percentage of expenditures breaks
out as follows:
Personnel
Insurance
Capitol Outlay
Training/Travel
(includes P.O.S.T.)
Fuel/Repairs
All Other
$629,374.00 81.9%
34,986.00 4.5%
11,771.00 1.5%
10,940.00 1.4%
26,328.00 3.5%
54,758.00 7.2%
TOTAL $768,157.00 100%
Fund 60 (vehicles, 40,080.00 weapons, software, radar)
Insurance costs were down from last year. We
experienced significant savings in vehicle repair
costs by purchasing new vehicles that have factory
warranties ($12,000). We were able to manage the
over-time budget better in 1993 and saved an
additional $1700. Our training expenses were up
slightly because of a cut in the P.O.S.T.
reimbursement for police training. Capitol outlay
costs were down (two in-car video cameras), but Fund
60 costs were up.
The police department generated revenues of $60,218
from court fines and violations. Animal licenses
and pick-ups accounted for $4,770 of revenue.
Accident reports generated $1,056.
Minnesota Police Pension and P.O.S.T. Board
reimbursements totaled $61,151 and $3,357
respectively. The Southwest Metro Drug Task Force
reimbursed the department $54,640 for Sgt. Hudson's
services for 1993. We also received $8,900 from the
school's crime levy for the D.A.R.E. program.
-2-
IV.
Personnel
Sworn Personnel:
Chief of Police
Sergeants
Investigators
D.A.R.E. Officer
Patrol Officers
1.0
1.5
2.0
.5
6.0
11.0
Drug Task Force
Sergeant 1.0
Total Sworn Personnel 12.0
Non-Sworn Personnel:
Police Secretary
1.0
Part-Time Personnel:
CSO
2.0 (1.3 FTE)*
Total Police Personnel 15.0 (14.3 FTE)*
*FTE = Full Time Equivalent
-4-
MOUND POLICE DEPARTMENT
PERSONNEL ROSTER
1993
Chief of Police
Leonard Harrell
Staff Serqeant
William Hudson
(Assigned to Drug Task Force)
Patrol Serqeant
John McKinley
Steve Grand
Investiqator/Liaison Todd Truax
Gary Lotton (one year training position)
Patrol Officers John Ewald
Darrell Huggett & Canine "Rambo"
Daniel Niccum
Amy Christenson
Troy Denneson
Jason Swensen
Police Secretary
Shirley Hawks
Community Service Officers
June Hyland
Rick Maki
Police Reserves
Tom Berent
Lind Norton
Alan Ringate
Dave Miller
Jeff Fleming
Kathleen Fox
Tom Geyen
Dick Qunell
Kevin Koerber
Sam Nelson
Paul Haarstad
Jason Maas
Larry Lyng
James Fox
Patrick Cole
Robin Liljeberg
Shelley Pinck
- 5 -
In 1993, the police department maintained twelve
licensed police offi.cers, including one officer
assigned to the Southwest Metro Drug Task Force.
Sgt. Hudson completed his final year as the task
force admlnistra%or and is scheduled to return to
Mound in 1994. Officers Denneson and Swensen were
put through an FTO (Field Training Officer) program
of training and both have successfully completed
their probationary periods in 1993. With the return
of Sgt. Hudson in 1994, Sgt. Grand will return to
patrol. Sgt. Grand has continued, in 1993, to teach
the D.A.R.E. program in our school. In the late
summer, Rick Maki was hired as an additional
Community Service Officer and is working with June
Hyland to help clean up some the local "eye-sores".
The department has continued with regular
evaluations of the police employees. In general,
the officers have been doing a fine job in serving
the community. There was some disciplinary action
with individual officers and their conduct is being
monitored. There was one internal investigation
initiated in 1993.
Citizen Comment Cards
In February of 1992, the department initiated a
feedback system to solicit input form our citizens
on how the police department is serving the
community. The cards are handed out by officers on
all traffic encounters and I randomly send cards to
citizens who have had a "call for service" contact.
The rating is on a four point basis; poor=O and
excellent=4. The department average for our overall
service is rated at 3.55 based on over 498
responses. The rate of return is about 18%.
Psychological re-evaluations were given to three
officers in 1993. The process continues the
psychological testing for each officer every five
years.
The department has again maintained involvement in
the Southwest Metro Drug Task Force and has received
reimbursement for officers provided as agents. The
communities involved are Chanhassen, Carver County,
South Lake Minnetonka, St. Boni/Minnetrista, Scott
- 6-
County, Shakopee, Chaska, McLeod County, and Prior
Lake. See section X for the annual report of the
Southwest Metro Drug Task Force.
Officer Huggett continues to work with "Rambo" and
has consistently been training with him. "Rambo"
earned a P.D. #1 certification through the United
States Police Canine Ass'n. and competed nationally
in 1993.
The Mound Police Reserves continue to do an
excellent job for the community and the police
department. Sgt.Grand has assumed the role as the
liaison for the reserves. Unit strength averaged
around twelve volunteers for 1993. The Mound Police
Reserves combined to donate a total of 4,613 hours.
Child protection cases accounted for 76
investigations in 1993. There were 16 criminal
sexual contact cases reported. Total contacts were
up 24%. Part I offenses were down 4.5%, but Part II
offenses were up 6.8%. Larcenies, burglaries, and
vehicle thefts were again down in 1993.
The investigators worked on several cases of
significance during the year. Investigator Truax
worked up several major cases involving the abuse of
children. One involved the sexual conduct of a male
and several young neighborhood girls resulting in
First Degree charges for sexual misconduct. Several
other cases have been pursued involving the physical
abuse and /or neglect of children by their parents
or, in one case, a great grandfather. Another case
involved the rape of a young lady by two room mates
in a home in Mound; one suspect committed suicide
after a formal complaint was issued. An adult male
was charged with barricading himself in a local home
and threatening to kill a police officer; an entry
team was used to remove the suspect. Investigator
Lotton was assigned the general investigations and
identified three suspects in the robbery of our PDQ
store on Three Points. The case is pending at the
county attorney's office with one suspect already
incarcerated at the St. Cloud Reformatory. Lotton
was also instrumental in breaking up a theft ring
that was operating in Victoria and stealing
snowmobiles and cars from Mound and the Lake area.
on several cases of theft and burglary and was able
to solve and recover property from at least six
&
- ? -
different incidents in Mound. Investigator Truax
worked up a case.of residential burglary in which
the resident was attacked and bitten during an
altercation; the defendant was convicted and
received an extended prison term. Truax solved
several cases involving a "ring" of local thieves
and recovered property from assorted thefts from
Mound and the Lake area. The department invested a
lot of time and effort in the investigation of a
drive-by shooting on the Island. Suspects have been
identified but no charges have been filed to date.
Officers and staff used a total of 504 days of
benefit time during 1993. The time off included
approximately 190 vacation days, 142 holidays, 88
comp days, and 84 sick days. Officers earned 661
hours of comp-time and 749 hours of overtime during
the year.
MOUND POLICE RESERVES
ANNUAL REPORT
The Mound Police Reserves donated 4,613 hours in
1993. The unit has averaged 12 individuals for the
past year and those people have been very active in
serving the community.
The police reserves assisted in providing
the following security services and/or police
back-up at:
Emergency call outs
Reserve squad - house checks
High school dances
Hockey and football games
Mound City Days
EFCE Public Safety Day
Rotary Dinner for 100
Officer Friendly assists
Westonka Homecoming parade
M.D.A. Telethon
Wayzata fireworks
Westonka senior overnight party
Incredible Festival
Child finger printing
Halloween and "Kiddie" parades
Jaycees Bike Rodeo
Homecoming Parade
Christmas Tree Lighting
Our Lady of the Lake Marathon
Memorial Day Parade
Mound Westonka High School Graduation
Fish Fry
Traffic Direction (emergencies)
Transports
Operation Clean Sweep
Recycling Drop off
Crime Prevention
D.A.R.E. assists
Around Mound Run
Bicycle Rodeo
OLL Marathon
The Mound Pol~ice .Reserves received training in
first-aid and CPR, defensive tactics, and new
officers attended the Hennepin County Reserve
Officers Course.
Finances:
The reserves continue to raise their own funds and
are predominantly self-sufficient. The emergency
preparedness budget also contributes funds to the
maintenance of training and equipment for the police
reserves.
The police reserve account has about $4,600 in
balance. The severance fund encumbrance is
relatively low because of a change made in 1993.
Reserves are now receiving a check in December in
order to cover expenses, such as travel, that they
may incur during the year. This relieves the City
from the accounting of adding interest and
maintaining on-going balances from year to year.
The reserves seem much happier with this
arrangement.
TRAINING
The police department attempts to provide training
on a continual basis to maintain its effectiveness
and efficiency. Modern law enforcement is an
ever-changing environment that requires the
development of special skills and necessitates
officers keep abreast of recent changes in job
relevant statutes and procedures. High standards of
excellence are accomplished by the police department
when extensive training can be offered to both
officers and staff.
Police personnel attended the equivalent of 199 days
of training in 1993. Sgt. McKinley attended the
Southern Police Institute which accounted for 60
days of training.
Courses Attended
Personnel & Discipline
Firearms Training/F.A.T.S.
Wilson Supervisory Leadership Program
Canine Training
Critical Incident/Use of Force
Southern Police Institute Retraining Conference
Managing Deadlines
Crash Injury Management/First Responder
Emergency Medical Technician
Side-handle Baton
IACP National Conference
Intoxilyzer Course & Refresher
Pursuit Driving
Spring Chief's Conference
S.C.A.N.
Defensive Tactics - PPCT
Hazardous Materials
Crime Prevention
Criminal Justice Information System
CPR Instructor
Inside the Criminal Mind
Narcotics Supervision
Property Management
Vicarious Liability
Dimensional Management Training
Drug Recognition for Patrol
Emergency Preparedness
Juvenile Officers Institute
- 11-
Courses Attended - cont.
Child Abuse/Sex Crimes
Juvenile Issues
Drug ~ask Force
Investigation of Shooting Incidents
Defensive Driving
Legislative Update
Criminal Justice Institute
Narcotics Seminar
Human Relations
Disaster Preparedness
SPI AOC
Data Practices & Law Enforcement
Sexual Harassment
Animal Control
Municipals
AIDS OSHA
Use of Bike Patrol
Community Oriented Policing
Violence Reduction
Minnesota Traffic Law
VI.
EQUIPMENT
Two new vehicles were purchased in 1993. The
vehicles were purchased through the county bid
process and are Ford Taurus police package vehicles.
We have a total of three Taurus that were each
covered by the manufacturer's warranty and the
Blazer is still covered by warranty. We saved close
to the purchase price of a vehicle in repair costs!.
We purchase new weapons and traded in our used
models. The weapons are equipped with night-sights
and are stainless steel. In 1993, we purchase video
cameras and recording devices for two of the squads
and will be adding additional cameras in 1994.
A new radar was purchased to replace an older model
that was no longer functioning properly.
VII.
COMMUNITY EDUCATION/SERVICE
The police department became involved with the
community ~n a vat'ely o~
Following is a brief description of the activities.
Crime Prevention
Officer Ewald has been conducting neighborhood
meetings and developing block watches. He has also
been working with several apartment complexes to
organize for Crime Watch. Presentations and
security evaluations have been done for local banks
and businesses.
House Checks
The police reserves provide a service of checking
periodically on out-of-town resident's homes when
notification has been provided to the police
department.
Westonka Intervention Program
The police department continues to work closely with
the intervention program to assist families that are
victims of domestic abuse.
Department Tours
The police department has conducted a number of
tours of our facility for Cub Scouts and Brownie
Scouts.
Demonst rat ions/Presentat ions
The police department has been involved in a number
of public presentations ranging from canine
demonstrations to talks about safety with day-care
students. The police department has talked to
groups concerning drugs, gun safety, vehicle safety,
DWI, and personal safety.
Fingerprinting
The department provides a service of fingerprinting
individuals as may be requested. This includes both
children and adults.
Mound City_Days
The department was very involved in this year's
celebration. Security was provided for the parade,
the "Around Mound Run", and the fireworks.
D.A.R.E. Program
Drug Awareness Resistance Education has been
implemented at both Shirley Hills Elementary,
Grandview Middle School, and Our Lady of the Lake
Schools. The 17 week program is taught to all 5th
grade students and we have expanded into the 1st &
3rd grades with a 5 week program.
Westonka Community Action Network
The department has been actively involved in
assisting the task force in defining area problems
and developing a network for assisting needy
individuals. The department has been designated as
a resource for emergency "vouchers" for the County.
Homecominq Parade
The department assisted the high school with setting
up a parade route and then provided security for the
parade.
Halloween Parade
Provide security for children during the parade.
Around Mound Run
This last year there was a 5 mile run and two
walking courses that we provided security for.
Officer Friendly
Elementary school presentations for child safety.
YMCA Detached Worker Program
The department has established a working
relationship with the detached worker program. The
program assisted in providing activities for "at
risk" children in Mound.
Public Safety Day
The police department co-sponsored a public safety
open house with Early Childhood & Family Education.
Children were finger printed, observed safety
presentations, and were able to view police, fire,
and medical equipment.
Bike Rodeo
Co-sponsored with the Mohawk Jaycees and Mound Crime
Prevention Ass'n a bike rodeo.
Members of the department are involved in several
different advisory councils that meet periodically.
- 15-
Primary lS#~s only:
r~ge:
¢o~:
Property Status:
Pro, er ty Ty~es:
Pretty Oescs:
N~s:
Of f ~ cers/B~es:
No
01/01/93 - 12/31/9]
ALL
ALL
ALL
ALL
ALL
AIL
ATL
Prop Prop
Tp Desc
140U#D POLtCE DEPARTHE#T
Enfors Property Report
STOLEN/RECOVERED BY DATE REPORTED
Inc ~ IS# Pr Prop Date Rptd StoLen Date Recov'd
SN Stat StoLen VaLue Recov~d VaLue
Ouantity Act Bra~
Code
Page
off-1 Off-2
Assnd Assnd
0
1
5
6
A
B
O
E
G
H
!
J
0
R
S
T
V
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type Totals:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type Totals:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
Prop type TotaLs:
**** Report TotaLs:
50
50
1
700
13,600
4,972
2,018
1,295
189
3,450
977
41,600
28,884
23,417
42,496
9,523
4,121
7,730
16,865
203,396
0
5O
0
0
22,200
9OO
0
0
83
0
9OO
10,000
4,600
75
1,428
4,027
167
0
7OO
1,203
46,393
22 -
1.000
1.000
1.000
2.000
7.000
25.000
5.000
6.000
12.000
13.000
2.000
10.000
29.000
4.000
108.000
47.000
48.000
3.000
19.000
2?.OO0
67.000
437.000
MOUND POLICE DEPARTMENT
YEARLY REPORT, 1993
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
- 23 -
ADULT
73
58
23
92
6
560
6
5
144
0
24
5
15
1
330
1
5
346
6
41
8
57
0
50
1,856
JUV
0
0
1
1
0
11
2
0
0
0
2
0
1
0
10
0
0
0
0
0
0
1
0
1
30
MOUND POLICE DEPARTMENT
YEARLY REPORT, 1993
WARNINGS
No Insurance
Traffic
Equipment
Crosswalk
Animals
Trash/Derelict Autos
Seat Belt
Trespassing
Window Tint
Miscellaneous
TOTAL
ADULT
10
175
139
0
37
198
1
6
1
52
619
JUV
0
7
13
0
0
0
0
0
0
1
21
WARRANT ARRESTS
Felony:
Misdemeanor:
13
88
1
2
- 24 -
IX.
EMERGENCY PREPAREDNESS (CIVIL DEFENSE)
The Emergency Preparedness budget came in slightly
over under original projections. Operating supplies
were up 23% partially due to purchasing sandbags to
have on hand for local residents who suffered
flooding problems from all of our rain.
Hazardous materials continues to be a major concern
for Emergency Preparedness. The City receives
approximately $4,000 from FEMA (Federal Emergency
Management Ass'n.) in the form of a grant. We spent
$4,164.75 for emergency preparedness in addition to
salaries that are accounted for in the police
budget.
Most of the money allocated to Emergency
Preparedness is used for training and supplies to
maintain the police reserves.
- 25 -
X. Southwest Metro Drug Task Force
Attached is the annual report of the drug
task force in which we are a member. We had Sgt.
Hudson assigned and received reimbursement for his
salary through a federal grant from the Office of
Drug Policy. I believe the task force is doing an
excellent job and deserves our continued support.
The major drugs of use in our area continues to be
cocaine, marijuana, and LSD.
- 26 -
SOUTHWEST METRO DRUG TASK FORCE
1993 ANNUAL REPORT SUMMARY
81 Cases were developed
78 Individuals were arrested
34 Search warrants were issued
Counties where cases were developed:
Carver 35
Hennepin 16
Scott 15
McLeod 13
Washington 1
Of cases developed:
51% were sale cases
41% were possession cases
8% were marijuana growing operations
$4,040.00
$1,755.00
spent on purchasing controlled substances
spent on informants
Controlled substances involved in total cases:
Marijuana
Cocaine
LSD
Methamphetamine
Codeine
Other scheduled
Stolen firearm &
Pipe bombs
58 cases
10 cases
6 cases
3 cases
1 case
1 case
1 case
Cities where the controlled substance were
purchased/seized:
Chaska 20 cases
Chanhassen 6 cases
Glencoe 6 cases
Jordan 5 cases
Shakopee 4 cases
New Market Twp.
Hutchinson
Orono
Mound
Waconla
Stewart
Minneapolis
Jackson Twp.
St Boni/Minnetrista
Brownton
Laketown Twp.
Hale Twp.
Watertown
Carver
Young America
Spring Park
St. Paul Park
St. Louis Park
cases
cases
cases
cases
ca~es
cases
cases
cases
cases
cases
case
case
case
case
case
case
case
case
Forfeitures/Seizures executed (31):
8 Vehicles
2 Real Estate (undetermined amount)
6 Guns
Currency $45,956.93 plus uncounted coins
Savings Bonds $2,400.00 (face value)
Misc. electrical equipment, tools, and generators
from the growing operations.
Total Income for Task Force: $309,169.15
Forfeitures that cleared and deposited after percentages
were paid: $45,875.11
VIII.
STATISTICS
This section of the report analyzes the statistical
portion of the annual report. Most of the
information comes from tabulating the information
from Initial Call Reports (ICR's), informational
reports, and traffic citations.
The total number of ICR's in a year is useful for
comparing the level of activity of the department
relative to previous years. It also allows for
comparison between personnel changes and activity
levels. Some reporting changes were made in 1986 to
alleviate statistical duplication that was found in
the previous system.
TOTAL INCIDENTS PER YEAR
1986 THROUGH 1993
YEAR TOTAL
INCIDENTS/MONTH
1987 13,445 1,120
1988 15,582 1,298
1989 14,559 1,213
1990 13,680 1,140
1991 13,207 1,101
1992 13,578 1,130
1993 16,897 1,408
1993 reflected a increase in total contacts of 24%.
The serious incidents of crime reported to the
police department are categorized into Part I and
Part II Offenses.
Part I Offenses:
Part I Offenses include major crimes such
as homicide, criminal sexual conduct,
robbery, assault, burglary, larceny,
vehicle theft, and arson. Although Part I
Offenses are a small percentage of
reported crimes, it is these crimes that
demand the most attention from the police
department in terms of investigation and
commitment of resources.
- 16-
Part II Offenses:
Part II Offenses include the crimes of
forgery, child abuse/neglect, vandalism,
stolen property, sexual misconduct,
weapons violations, sexual misconduct,
narcotics violations, liquor violations,
DWI, simple assault, domestic assault,
embezzlement, prostitution, public peace,
runaways, and other violations.
The clearance rate .for combined Part I and Part II
Offenses was 53%. Part I offenses were down 4.5%
and Part II were up 6.8% compared to last year.
Burglaries remained constant at 63, larcenies
decreased by 10%, and arson by 42%. Criminal sexual
conduct cases remained at 26, but child protection
issues rose by 24%. Our combined clearance rates
increased by .4%.
Part I and Part II Offenses are the incidents that
necessitate the most time and effort from the police
department. Initial call time is greater in
gathering pertinent information at the scene and the
greatest amount of investigation and follow-up is
dedicated to these types of crimes.
Traffic Offenses:
Traffic offenses include both moving and
non-moving violations. An examination of
the number and percentage of traffic
stops, as part of the total number of
incidents, allows one to determine the
degree to which vehicular traffic and
pedestrian movement affects the
department's work load. It should also be
noted that the more visible that patrols
are maintained, the more likely is the
positive impact in deterring serious
crimes.
In 1993, traffic citations accounted for
1,728 police contacts, up 4% from 1992.
Property damage accidents were down 9.3%
but personal injury accidents were up
13.6% from 1992.
-
There were 73 DWI arrests (up 16%) and of
those, approximately 42% were repeat
offenders for gross misdemeanor or
aggravated violations. The average test
was .165; up from 1992. The highest
reading was a .25; the legal limit is .10.
Property:
Property losses were valued at $203,396.00
in 1993, down 10%.
Child Protection Cases:
The department investigated 76 child
protection cases for the year. These
cases and criminal sexual conduct cases
continue to be the single most
time-consuming cases we handle.
Domestic Dispute Cases:
The department responded to 103 domestic
situations; 47 with assaults. The number
of actual domestic assaults increased
slightly, but the total number of
Increased by 32%.
Arrests:
The police department processed and booked
263 adults in 1993, up 10%. There were 48
adults charged for felonies, 240 adults
for misdemeanors, 44 juveniles arrested
for felonies, and 84 juveniles arrested
for misdemeanors.
In addition, 51 formal complaints were
issued for a variety of crimes. Formal
complaints were reduced significantly in
1993 because of a change in processing
gross misdemeanors at the court level.
Animal Complaints:
The department responded to 1,518 animal
and inspection complaint issues during
1992, up significantly with the addition
of a community service officer.
- 18-
POLICE DEPARTNENT
POL[CE/CRINE ACTIVITY REPORT
1987 1988 1989 1990 . 1991 1992 1993
Hazard(xJs Citation 1,172 1,333 1,429 1,082 835 710 702
Non-Hazardous Citations 519 617 356 340 280 3~ 702
Hazardous ~amings 417 346 137 74 32 138 171
llo~-Hazardous Wamings 8~ 643 351 333 341 421 307
Verbat Warnings 1,521 1,368 1,503 1,27'5 1,143 1,263
Parking Citations 497 639 604 381 4~8 56~ 346
OWl 104 91 62 97 79 63 73
Over. 10 75 44 35 71 52 44 58
Property Damage Accidents 99 121 102 74 98 86 78
Persenat Injury Accidents ~6 36 29 21 33 2.2. 25
Fatat Accidents 0 0 0 0 0 1 0
*AduLt FeLony Arrests
*AduLt #isdemeano¢ Arrests
*Juvenile FeLony Arrests
*JuveniLe #isde~eanor Arrests
~4 36 51 61 48 62 61
281 359 335 590 404 426 328
59 79 35 50 21 56 45
120 108 68 206 115 91 86
Part I Offenses
Reported 372 417 353 322 318 354 338
Cleared 86 80 109 112 91 131 122
Arrests Made 74 ?0 75 91 55 96 92
Part Ii Offenses
Reported 789 857 125 767 694 732 782
CLeared 457 ~ 227 493 438 441 473
Arrests #ade 311 319 242 401 331 35 324
Hedicals 218 274
A~imt Cemptaints 1,128 1,091
Other GeneraL Investigations 5,~2 6,729
TOTAL 12,240 15,341
Assists 521 691
FotLou-ups 520 600
Nutual Aid 211 175
*Also includes Harrant arrests through 1988
315 371 325 3OO 399
1,097 887 1,105 896 1,518
6,180 6,280 6,503 6,983 9,56~
14,232 13,510 13,084 13,420 16,846
672 549 631 896 538
297 192 164 299 328
210 160 123 1~8 177
- 19-
MOUND POLICE DEPARTMENT
CRIME ACTIVITY REPORT
YEAR 1993
GENERAL ACTIVITY SUMMARY
YEAR TO
DATE
Hazardous Citations
Non-Hazardous Citations
Hazardous Warnings
Non-Hazardous Warnings
Verbal Warnings
Parking Citations
DWI
Over .10
Property Damage Accidents
Personal Injury Accidents
Fatal Accidents
Adult Felony Arrests
Adult Misdemeanor Arrests
Adult Misdemeanor Citations
Juvenile Felony Arrests
Juvenile Misdemeanor Arrests
Juvenile Misdemeanor Citations
Part I Offenses
Part II Offenses
Medicals
Animmal Complaints
Other Public Contacts
702
702
171
307
1,263
346
73
58
78
25
0
61
328
39
45
86
12
338
782
399
1,518
9,564
LAST YEAR
TO DATE
710
323
138
421
1,143
569
63
44
86
22
1
62
426
113
56
91
45
354
732
300
896
6,983
TOTAL
Assists
Follow-Ups
Henn. County Child Protection
Mutual Aid Given
Mutual Aid Requested
16,897
538
328
76
177
70
13,578
896
299
63
148
55
- 20 -
O~FENSES
REPORTED
YE/~RLY REPORT,
CLEARED EXCEPT.
UNFOUNDED CLEARED
1993
CLEAREO BY
ARREST
ARRESTED
ADULT JUVEN I LE
PART I CRINES
Homicide 0 0 0 0
Criminal Sexual Conduct 26 6 9 5
Rott>ery 2 0 0 1
Aggravated Assault 8 0 3
Burglary 63 2 9 3
Larceny 209 7 27
Vehicle Theft 26 0 3 6
Arso~ 6 0 1 0
0 0
? 1
5 0
1 0
2 2
23 ~6
10 5
0 0
TOTAL 338 15 52
55
PART Il CRIMES
ChiLd Abuse/Negtect 56 38 9 6 6
Forgery/NSF Checks 21 1 10 3 2
Criminal Damage to Property 129 0 10 8 6
~eapons 10 0 2 1 1
Narcotics 16 2 0 16 13
Liquor Le~s 37 0 2 32 24
DUl 73 0 0 73 73
Simple Assault 57 6 32 9 6
Domestic Assault 67 1 '3 29 31
Oc~estic (No Assault) 56 0 0 0 0
Harassment 87 4 25 15 13
R~Hay/lncorrigibitity/Truancy 51 1 13 37 0
Public Peace 9 0 4 47 5
Trespassing 2 1 0 0 0
Att Other Offenses 131 2 50 73 72
0
5
9
0
1
18
0
6
0
1
41
0
0
1
TOTAL 7'82. 56 127 290 240
PART ili & PART IV
PrepertyOm~Je ~ccidents
Personal Injury Accidents 25
Fatal kccJclents 0
I~licats 399
Animt Cc~ptaints 1,518
Nutuat Aid
Other General Investigations 9,56~
TOTAL 11,761
Hemepin County Child Protection 76
CHIPS 0
TOTAL 12,957
71 179 ~5 288
128
- 21 -
CITY of MOUND
MOUh, D MINNESOTA 5536.4- '~ 687
6'2 4.72-0600
FAX 6'2,472-0620
February 17, 1994
MAYOR, CITY COUNCIL AND CITY MANAGER
I have enclosed the 1993 Annual Report of the Finance Department. The purpose of the
report is to point out the financial condition of the City of Mound to the City Council, which
sets the policies that direct the future of the City. The financial recaps included in this report
provide you with a prellmlnary summary of the City of Mound's financial position for 1993.
The year 1993 was a productive one in the Finance Department. I would like to thank the staff
of the department for their hard work during this challenging year. I look forward to a
productive year in 1994.
Respectfully,
Gino Businaro, CPA
Finance Director
printed on recycled paper
FINANCE DEPARTMENT
INVESTMENTS - BUDGET - DEBT - ASSESSMENTS - AUDIT -
INSURANCE - COMPUTER
FUNDS:
GENERAL- SPECIAL REVENUES- CAPITAL- ENTERPRISE
1993 ACCOMPLISHMENTS
1994 GOALS
CONCLUSION
My first responsibility is the supervision of the Finance Staff. The current personnel in the
Finance Department is as follows:
TITLE
STARTINg; DATE
Gino Businaro
Joyce Nelson
Deloris Schwalbe
Gayle Bums
Finance Director
Utility Billing Clerk
Assessing Clerk
Account Clerk
11-23-92
05-31-77
07-28-75
12-21-77
Both Joyce Nelson and myself were new to the finance department in 1993. Joyce has replaced
Lois Sandquist and I have replaced John Norman.
The finance staff should be commended for the teamwork and cooperation they have
demonstrated during the transition.
JOYCE NELSON
Joyce handles the water and sewer billing process. We have approximately 3260 residential
accounts that are billed quarterly on a cyclical basis (the City is divided into three billing
districts). In addition, there are approximately 125 commercial accounts that receive a bill every
month.
With this many customers to serve Joyce is kept quite busy.
At the same time Joyce coordinates the various recycling programs. In 1993 73% of homes
participated in the curbside pickup program. The spring and fall cleanup days produced 230.62
tons of material and 240 tons of brushes.
Joyce also continues to assist Greg Skinner in public works with some of the paperwork and
computer data entry as time allows.
DELORI$ $¢HWALBE
Deloris does the special assessment searches of properties as requested by realtors, title
companies or residents when a house in Mound is purchased.
Deloris receipts any prepayments of special assessments and she notifies the County of the
prepayment. During 1993 we collected $8%186 on prepayments for various special assessment
levies. This money is invested to pay off the special assessment bonds when they become due.
Deloris also is the administrator of the Metro HRA Section 8 Rent Assistance Program for
Mound, as well as for Minnetrista, St. Bonifacius and Spring Park. Currently, there are 40
families in our area receiving Section 8 assistance. The City receives reimbursements monthly
on a per residence basis.
2
Deloris took over accounts payable duties in August 1991. She codes and enters into the
computer all the invoices and pays city vendors for purchases of goods or services. In 1993
2,926 checks were issued for a total of $6,109,622.
Deloris assists the utility billing clerk and the Building Department in their absence.
GAYLE BURNS
Gayle took over payroll duties in August 1991. She maintains and processes payroll every two
weeks. All time sheets must be reviewed and entered into the computer, checks generated and
reports printed. In 1993 1,335 payroll checks were issued to employees and 418 checks were
issued for other payroll related purposes. Gayle also works in the following areas:
Data entry for the financial system and monthly report distribution to departments
Miscellaneous receipts and receivables
Miscellaneous billing and reports to other agencies
Reports for the Liquor Store: monthly sales tax reports, NSF checks
Preparation of monthly, quarterly, and yearly repons to various federal and state
agencies
Bank reconciliation
Issuance of merchant and dog licenses
Depot Rental:
The Depot rental income over the last five years was as follows:
1993 1992 1991 !990 1989
$ 1,800 $ 1,875 $ 1,400 $ 1,000 $ 1,310
Cash management and investment of City funds are an important aspect of my job. The first
objective in investing City funds is safety and legal constraints. Taking safety into account, I
look for the best market rate of return, normally within a 3-6 month range. I continue to follow
a policy of investing only with broker/dealers in this state. The following is a breakdown of
investments as of December 31, 1993:
3
U.S. Government Agencies
U.S. Treasury Securities
Commercial Paper
Certificates of Deposit
Government Trust Pool
Money Market
$1,346,440
545,804
943,202
807,975
2,679,202
344.600
TOTAL $ 6.667.223
A comparison of interest earned for the City on all funds is as follows:
1993 335,667
1992 336,766
1991 531,073
1990 652,335
1989 746,975
1988 647,720
Interest income both in 1992 and 1993 is down from prior years. The decrease is due to two
factors: first, the short-term interest rates steadily declined to less than 3%; second, the average
cash balances available for investment decreased.
All interest income is accumulated in the Investment Trust Account and distributed to the funds
in proportion to the average balance during the year. For example, during 1993, the General
Fund was allocated $16,755 in interest (4.99% of all interest earned) while the Capital
Improvements Debt Service Fund was allocated $89,464 in interest (26.65% of total interest).
Interest is a very important revenue source. In most of our special assessment projects, the City
has the authority to levy general tax dollars to help finance the debt issued on projects. Interest
earnings is a major factor for the City not levying general taxes on the special assessment debt.
BUDGET
Preparing the data for the annual budget document that is submitted to the Council is another
important function of my job. During June, I estimate the revenues for the current year and also
work on an estimate of the expenditures for the current year. I work closely with the city
manager in budgeting revenue amounts for the following year. The Finance Department budget
is my responsibility, along with the City Property, the Special Revenue Funds and the debt
service requirements. Once the city manager reviews the expenditure budgets with each of the
department heads, the budget is compiled, analyzed and adjustments are made. The document
is then prepared and presented to the Council for approval. The Water and Sewer Funds are
4
examined during the budget process. The projected revenues and expenses are used to determine
the adequacy of the rates. The Enterprise Funds (Liquor, Water and Sewer, and Recycling) are
presented to the Council along with the General Fund for Council approval.
OUTSTANDING DEBT
The total outstanding debt as of 12-31-93 is $5,500,000 and $1,335,000 in refunding bonds.
The following details the outstanding debt:
COMMERCE PLACE DEBT SERVICE BONDS
This fund accounts for principal and interest payments on the bonds sold in 1985. The bonds
will be paid for from the tax increment from the Commerce Place Development. The increment
from the development is sufficient to make the principal and interest payments. With the
developers' letter of credit and the Mound Clinic and Thrifty White as corner stores, Commerce
Place is meeting all of its financial obligations. The City made principal payments of $90,000
during 1993, and has an outstanding balance of $1,690,000 at December 31, 1993.
In 1993 TIF Refunding Bonds in the amount of $795,000 were issued and are outstanding as of
12-31-93.
SPECIAL ASSESSMENT BONDS
Special Assessment Funds are used to account for the construction and financing of certain
public improvements such as streets, sidewalks, street lighting and storm sewers. Bonds are
issued and are paid for in full or in pan from the special assessments levied against benefited
properties. No new bonds were issued during 1993. The City made principal payments of
$720,000 during 1993, and has an outstanding balance of special assessments bonds payable of
$1,740,000 at December 31, 1993.
WATER/SEWER REVF31UE BONDS
The principal and interest on water revenue bonds are paid out of the revenue generated from
the water and sewer bills. The City made principal payments of $35,000 during 1993, and has
an outstanding balance of $1,470,000 at December 31, 1993.
In 1993 bonds were issued in the amount of $1,350,000 and $607,500 were allocated to the
Water Fund and $742,500 to the Sewer Fund.
pI. FBLIC WORKS FACILITY DEBT SERVICE
This fund accounts for the principal and interest on bonds issued in 1988. The principal revenue
source is a property tax levy. The City made principal payments of $40,000 during 1993 and
has an outstanding balance of $600,000 at December 31, 1993. In 1993 Building Refunding
Bonds in the amount of $540,000 were issued and are outstanding as of 12-31-93.
The following shows the total outstanding debt for the City of Mound over the past 10 years:
Year G.O. G.O. Refunding
1984 $11,146,000
1985 12,142,000
1986 11,047,000
1987 10,060,000
1988 10,060,000
1989 9,040,000
1990 7,680,000
1991 6,790,000
1992 5,835,000
1993 5,500,000
$1,335,000
Using the 1990 census population of 9634, the total debt per capita decreased from $1,157 in
1984 to $571 in 1993.
This decrease in total outstanding debt illustrates the fact that Mound is a mature suburb and has
not had to issue debt to develop new streets and new watermains. For example, cities of
Mound's size that have been rapidly expanding have the following debt outstanding at the end
of 1991:
Chanhassen 42,654,620
Chaska 29,120,000
Champlin 25,585,500
Shakopee 14,210,000
BQNDRECALL
In 1993 two bond issues were recalled:
* The G.O. Improvement Bonds of 1979 had an outstanding amount of
$900,000 as of 1-1-93;
* The G.O. Improvement Bonds of 1982 had an outstanding amount of
$120,000 as of 1-1-93.
The source of funds to pay off the bonds was from prepayment of special assessments and
interest earned on idol cash.
As you see, 1993 was a busy but a good year in the area of debt. The City has issued
$1,350,000 of new bonds, has recalled two bond issues, and it has refunded two other bond
Z
0~
I
I
suo!ll!.IaI
issues. The low interest rates provided an opportunity for us, and we were able to take
advantage of it to the extent possible.
SPECIAL ASSESSMENT LEVIES
The general property tax levy is discussed every year during the budget process. The other
significant item on the tax statement for Mound residents are the various special assessment
levies. The following is the annual special assessments levied on Mound taxpayers during the
past ten years:
1984 1,234,600
1985 1,101,100
1986 992,000
1987 870,800
1988 740,700
1989 696,000
1990 633,593
1991 544,000
1992 513,000
1993 482,500
The major street projects were completed in 1978-1980. The total assessments on the taxpayers
increased dramatically once these projects were assessed. Since 1982, the annual assessments
have consistently declined.
The corresponding Special Assessment bonds payable has decreased from $10,425,000 in 1984
to $1,740,000 in 1993.
AUDIT
Preparing for the annual audit is another important responsibility in my job.
statements, schedules and notes to the financial statements for the annual audit.
are reduced since all the statements and notes are done in house.
I prepare all the
Our audit costs
The 1992 audit report received the National GFOA award "Certificate of Achievement for
Excellence in Financial Reporting'. The certificate program judges an audit report on various
criteria, including clarity, comparability and completeness. This is the fifth consecutive year
the City of Mound has received this award. I plan on updating the audit report annually and
submit future years reports for this award.
7
We have the majority of our insurance coverage with the League of Minnesota Cities Insurance
Trust. They have provided the City with good coverage and the costs for insurance have
stabilized in the last couple of years. Our agent of record is Carl Bennetsen of R.L. Youngdahl
& Associates, Inc.
I have the responsibility of coordinating the City's insurance activity. I file all claims that are
made against our insurance policies for the City automobiles, property damage, general liability,
and workers compensation.
COMPUTER OPERATIONS
It is my job to supervise the overall computer operation. We have an on-site mini-computer
processor with software purchased from Computoservice, Inc. The following software programs
are currently operating on our system: utility billing, financial, accounts payable, payroll and
special assessments. The finance staff does an excellent job working on the computer
operations.
In 1993 we purchased a new PC for the finance department. This purchase enables me to work
efficiently with many spreadsheets for cash flow analysis, investment need projections, fixed
assets inventory, and all sort of other applications. At the same time both Gayle and Joyce have
the opportunity to use the PC and maintain various files in the payroll area and the utility
services area. City employees have a strong interest in learning to work with PCs which help
them to become more efficient with their tasks. The commitment to technology is spreading from
business to schools, to government.
FLrND STRUCTURE
The following is a description of the funds of the City of Mound:
GENERAL FUND
The General Fund accounts for the Revenues and Expenditures to carry out the basic
governmental activities of the City, such as administration, police, inspections, streets and parks.
General Fund expenditures are made primarily for current day to day operating expenses. Major
sources of revenue are the property tax and local government aid.
8
FUND BALANCE
The total fund balance of the General Fund is projected to be $655,885 for the year ended 1993.
The balance increased $29,524 during the year. It is important for the City to maintain the
current fund balance. This reserve is necessary to meet expenses in the General Fund until tax
money and local government aid are remitted to the City in June.
The following table shows previous year end General Fund balances, compared to adopted
expenditures budget for the past ten years:
GENERAL FUND TOTAL FUND BALANCE
~ BEGINNING OF YEAR. %
1985 $1,640,567 $ 415,590 25.3
1986 1,868,109 533,599 28.6
1987 2,073,720 743,810 35.9
1988 2,128,550 803,207 37.9
1989 2,236,430 749,654 33.5
1990 2,327,090 629,326 27.0
1991 2,264,150 642,934 28.4
1992 2,249,350 593,155 26.4
1993 2,325,780 626,361 26.9
1994 2,366,950 655,885 27.7
Revenues received for general governmental operations are $2,323,052. The following is an
analysis of the major revenue sources of the General Fund - budget to actual for 1993: %
~ ACTUAL V R .~C~ ~
TAXES
LICENSES & PERMITS
INTERGOVERNMENTAL
COURT FINES
MISCELLANEOUS
$1,217,590 $1,128,029 $ (89,561) 92.64
72,760 82,658 9,898 113.60
860,500 865,620 5,120 100.60
65,000 60,218 (4,782) 92.64
119.640 186.527 66.887 155.91
TOTAL $2,335,490 $2,323,052 $ (12,438) 99.47
Tax refunds by the County for past years' abatements made the tax collection percentage drop
to 92.64%.
9
spu~noq,L
EXPENDITURES
Expenditures for general government operations were $2,293,528 in 1993.
budget to actual comparison by department:
DEPARTMENTS
The following is a
%
VARIANCE, EXPENDED
Council 57,500 53,176 4,324 92.48
Promotions 2,000 1,192 808 59.60
Cable TV 1,380 927 453 67.17
City Manager/Clerk 170,380 172,504 (2,124) 101.25
Election s 2,140 2,443 (303) 114.16
Assessing 46,550 47,698 (1,148) 102.47
Finance 145,900 144,376 1,524 98.96
Computer 24,000 22,545 1,455 93.94
Legal 79,000 111,539 (32,539) 141.19
Police 779,200 768,157 11,043 98.58
Civil Defense 4,000 4,165 (165) 104.13
Planning & Insp. 138,440 131,514 6,926 95.00
Streets 406,750 390,368 16,382 95.97
Shops & Stores 17,100 11,725 5,375 68.57
City Property 97,160 104,925 (7,765) 107.99
Parks 174,340 158,340 16,000 90.82
Summer Recreation 33,100 26,427 6,673 79.84
Contingencies 10,000 4,667 5,333 46.67
Transfers 136.840 ~ O 100.00
TOTAL ~ ~ $32.252 98.61
SPECIAL REVENUE FUNDS
Special Revenue Funds are used to account for certain tax levies and other earmarked revenue.
The following is a list of the City's Special Revenue Funds and Fund balances as of 12-31-93:
Cemetery 5,239
Pension 0
CDBG 0
Area Fire Serv. 119,975
Dock 86,595
The Area Fire Service balance of $119,975 includes a reserve of $90,000 for the purchase or
refurbishing of a vehicle in the near future.
10
CAPITAL PROJECT FUNDS
Capital project funds have been established to segregate funds to be used for various types of
capital outlay expenditures.
The following is the 1993 activity of this fund:
Balance 1-1-93
$ 249,427
Revenues 57,381
Total Available
306,808
Expenditures
Professional Services 73,105
Fire Capital Reserve 15,100
Other 86
Total Expenditures
88,291
Balance Remaining
218,517
The above expenditures do not include a deposit of $233,507 with Hennepin County for
condemnation proceedings against Dakota Rail for CBD lot acquisition. The Capital
Improvements Fund is an important one-time revenue source for the City of Mound. It allows
the City to undertake projects that benefit the City without having to issue debt to finance them.
The remaining balance of $218,517 will be increased with equity transfers from the two debt
service funds that were used to account for bond issues that have been recalled in 1993, after
the audit is completed.
MUNICIPAL CONSTRUCTION FUND
The fund is used for department capital outlay purchases.
Two Vehicles $ 31,906
In-Car Camera Systems 1,747
Radar 2,343
Pistols 5.090
Total $ 41,086
All above expenditures were for the police department.
Expenditures during 1993 included:
11
This fund is used to account for the five-year rotation to sealcoat the streets in Mound. The total
cost of the project for 1993 was $61,158, which was financed by the Liquor Store profits.
ENTERPRISE FUNDS
Enterprise Funds are used to account for the financing of services to the general public in which
ail or most of the revenues are generated from user charges.
LIQUOR FUND._
The year 1993 was an excellent one for the Liquor Store. A condensed summary for the liquor
operations for the years ended December 31, 1993, 1992 and 1991 is presented below:
1993 1992_ 1991.
Sales $1,329,754 $1,219,246 $1,144,683
Cost of Sales 1,004,021 921,777 873,711
GROSS PROFIT 325,733 297,469 270,972
Expenses 188,227 172,275 173,134
Operating Income 137,506 125,194 97,838
Other Income 11,617 10,548 8,987
Transfers Out 102,940 106,750 62,538
NET INCOME 46,183 28,992 44,287
12
WATER FUND
A condensed summary of the Water Fund operations for the years ended December 31, 1993,
1992, and 1991 is presented below:
1992 1~1
Revenues
Expenses
Operating Income (Loss)
Other Income/Expenses
(including interest on bonds)
Net Income (Loss)
Transfer to City
$ 375,845 $ 364,295 $ 324,482
335,717 350,016 346,144
40,128 14,279 (21,662)
35,319 3,860 4,434
75,447 18,139 (17,228)
16,000 10,800 10,700
In 1993 revenues were slightly up from 1992. Expenses were down mainly due to the
restructuring of the public works personnel when Jeno Hoff and Joyce Nelson left that
department. The cash balance in the water fund increased from $348,550 to $1,004,450 due to
the proceeds from the bonds sale of $607,500 and the interest earned on those proceeds.
SEWER FUND
A condensed summary of the Sewer Fund operations for the years ended December 31, 1993,
1992 and 1991 is presented below:
Revenues $ 658,904 $ 614,755 $ 590,479
Expenses 842,986 717,914 719,862
Operating Loss (184,082) (103,159) (129,383)
Other Income 52,077 46,584 67,357
Net Income (132,005) (56,575) (62,026)
Transfers to City 16,000 10,800 10,700
Revenues in the Sewer Fund have remained steady in 1993. Expenses were up due mainly to
the MWCC. The MWCC expense increased by $105,055. The cash balance stands at
$1,267,400 at the end of 1993. That amount includes $742,500 which represent the amount of
proceeds from the bonds sale. A major concern as we look ahead to 1994 is the charge from
MWCC. We pay the MWCC based upon an estimated flow. The actual flow is determined
following the end of the year, with the adjustment on MWCC billings the subsequent year.
Normally, the estimate is very close to the actual, therefore, the adjustment is small.
13
The following are the revenues and expenditures for recycling in 1993:
Revenues
Hennepin County $ 68,103
Utility Billing Charges 39,067
Sale of Recyclable 24,822
Other 974
Total Revenue 132,966
Expenses
Salaries 15,300
Supplies 4,759
Recycle Lotto 2,750
Pick Up/Disposal 27,498
Recycling Hauler 70,517
Other 512
Total Expenses 121,336
Balance 1-1-93 40,675
Balance 12-31-93
52,305
ORGANIZATIONS
I am a member of the Minnesota Government Finance Officers Association (MGFOA). There
are currently 550 members. There are monthly meetings in the metro area and an annual
conference held in the fall of the year.
As a member of the Minnesota Society of CPA's, one of the requirements of keeping current
my CPA certificate is that I maintain a continuing education program each year. Continuing
education and training is a high priority in my professional development. I obtain the vast
majority of my education credits through MGFOA.
As an ex-officio member of the Economic Development Commission I attend all their meetings.
I am also Treasurer of the Mound Crime Prevention Association.
14
ACCOMPLISHMENT~ FOR 1993
Being new to the City of Mound, 1993 was a transition year for me. My primary goal was to
become familiarized with the City Staff and the responsibilities of my position. I feel that I have
acx~mplished that in an efficient and productive way.
Other specific accomplishments are as follows:
Issuance of the 1992 Comprehensive Annoal Financial Report
The report received an unqualified opinion from the independent auditor and the
Certificate of Excellence in Financial Reporting from the GFOA.
In 1993 two bond issues were refunded, there was a sale of bonds for the water and
sewer funds, and two bond issues were recalled.
F'~red Assets Comouterlzation
With the purchase and installation of a new PC, the fixed assets inventory was entered
into the computer, as recommended by the independent auditor.
Insurance Claims Activit_v
In 1993 we had an exceptional number of claims in the general liability, auto, and
workers comp areas. We also reviewed extensively the present insurance coverage.
The City employees were offered a Pre-Tax Plan in May of 1993. The plan was set up,
maintained and extended into 1994. Almost all employees joined the plan, which benefits
both the employees and the City in reducing Social Security, Federal and State tax
payments.
GOALS FOR 1994
Work in the Finance Department will continue at a steady pace in 1994. The normal cycle calls
for the staff to meet their deadlines in the payroll, accounts payable, and utility billing areas.
The Finance Director will continue to cover the investments, the audit, the insurance claims, the
preparation of reports, and all the other financial responsibilities.
Specifically, for 1994 the Finance Department goals will be:
The implementation of the water meter re. ad system
The new water meter read system planned for this spring will change the way we input
and retrieve data from the computer. The Utility Billing system will be affected. It is our
goal to make the new system to work as smoothly as possible and to minimize
disruptions to customers.
15
Monitoring of Capital Outlays
In 1994 a significant amount of money will be spent in the area of capital purchases.
Our goal will be to monitor the process and to maximize investment return within an
acceptable cash flow schedule.
F'uted Assets Invento~ Revi?w,
Now that all items have been entered into the computer, a verification process needs to
be done. Each department will be asked to review the accuracy of the data that was
compiled in 1993.
The City Manager has the responsibility to prepare and present a budget to the City
Council for the following year. It will be my goal to assist the City Manager in the
preparation of that budget. It is a difficult task to balance the needs with the resources
available and at the same time to keep property taxes at an acceptable and reasonable
level.
CONCLUSION
Thank you for having given me the opportunity to point out the areas of special note in the
operation of the Finance Department. The year 1993 was a productive one for the City in the
financial area. The direction provided by you, the City Council and the City Manager, made it
happen.
I will be attending the February 22nd Council meeting to answer any questions that you may
have regarding my annual report.
16
BILLS
February 22, 1994
BATCH 4013
BATCH 4022
Total Bills
$186,170.88
133,498.42
$319,669.30
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CITY OF MOUND
BUDGET REVENUE REPORT
GENERAL FUND
Taxes
Business Licenses
Non -Business
Licenses and
Permits
Intergovernmental
Charges for
Services
Court Fines
Other Revenue
Charges to Other
Departments
TOTN. REVENUE
FIRE FUND
RECYCUNG FUND
LIQUOR FUND
WATER FUND
SEWER FUND
CEMETERY FUND
DOCKS FUND
Jan. 1994
Jan. 1994
BUDGET REVENUE
1,231,780 0
9,45o 218
59,850 3,258
884,960 0
49,500 675
65,000 0
60,800 1 O0
15,000 1,251
2,376,340 5,502
8.33%
Y'rD PERCENT
REVENUE VARIANCE RECEIVED
0 (1,231,780) 0.00%
218 (9,232) 2.31%
3,258 (56,592) 5.44%
0 (884,960) 0.00%
675 (48,825) 1.36%
0 (65,000) 0.00%
1 O0 (60,700) O. 16%
1,251 (13,749) 8.34%
5,502 (2.370.838)
0.23%
308,817 49,755 49,755 (259,062) 16.11%
108,000 2,960 2,960 (105,040) 2.74%
1,300,000 109,827 109,827 (1,1 90,173) 8.45%
380,000 14,197 14,197 (365,803) 3.74%
680,000 53,300 53,300 (626,700) 7.84%
5,650 400 400 (5,250) 7.08%
72,000 10,463 10,463 (61,537) 14.53%
02/14/94
rev94
G.B.
CITY OF MOUND
BUDGET EXPENDITURES REPORT
Jan. 1994
8.33%
Jan. 1994 YTD PERCENT
BUDGET EXPENSE EXPENSE VARIANCE EXPENDED
GENERAL FUND
Council 63,130 22,976 22,976 40,154
Promotions 2,000 0 0 2,000
Cable TV 1,380 0 0 1,380
City Manager/Clerk 180,330 8,157 8,157 172,173
Elections 11,320 1,71 0 1,71 0 9,610
Assessing 48,350 (684) (684) 49,034
Finance 151,080 6,786 6,786 144,294
Computer 24,200 5,518 5,518 18,682
Legal 81,500 3,400 3,400 78,100
Police 795,240 49,716 49,716 745,524
Civil Defense 5,400 234 234 5,166
Planning/Inspections 157,850 5,718 5,718 152,132
Streets 397,520 23,980 23,980 373,540
Shop & Stores 0 124 124 (124)
City Property 102,860 4,742 4,742 98,118
Parks 136,620 7,743 7,743 128,877
Summer Recreation 33,930 0 0 33,930
Contingencies 40,000 0 0 40,000
Transfers 1 34,240 10,026 10,026 124,214
36.39%
0.00%
0.00%
4.52%
15.11%
-1.41%
4.49%
22.80%
4.17%
6.25%
4.33%
3.62%
6.03%
4.61%
5.67%
0.00%
0.00%
7.47%
GENERAL FUND TOTAL 2,366,950 150,146 150,146 2,216,804
6.34%
Area Fire
Service Fund 240,190 9,622 9,622 230,568
Recycling Fund 104,330 10,623 10,623 93,707
Uquor Fund 190,840 11,710 11,710 179,130
Water Fund 834,990 45,285 45,285 789,705
Sewer Fund 1,390,280 95,447 95,447 1,294,833
Cemetery Fund 5,240 0 0 5,240
Docks Fund 53,680 6,387 6,387 47,293
4.01%
10.18%
6.14%
5.42%
6.87%
0.00%
11.90%
expg4
02/14194
G.B.
TO:
FROM:
DATE:
FEBRUARY LMCD REPORT
LMCD MEMBER CITIES
BILL JOHNSTONE, LMCD CHAIR
RECEIVED
FEBRUARY 8, 1994
The following is a summary of significant actions taken by the LMCD during
January 1994 and matters we intend to address in the coming months.
1. Multiple Dock Regulation. A number of Board members and multiple
dock licensees have expressed an interest in simplifying the regulation of multiple
docks by the LMCD in an effort to reduce the time and expense, for both the Board
and the licensees, required to administer the regulations. A committee of Board
members, multiple licensees and other interested persons will look at this issue and
present a recommendation to the Board later this year.
In response to concerns of multiple dock licensees, the Board has studied its
costs of regulating multiple docks and the fees charged therefor. The results of the
study for 1993 are being finalized with representatives of the multiple dock
licensees. The Board will make appropriate adjustments in the fees for 1995.
2. Board Reserves. The LMCD maintains four separate accounts for its funds:
(i) an operating account to pay for normal costs of operation and administration; (ii)
a milfoil operating account to pay for the operation of the annual milfoil harvest,
(iii) a milfoil equipment depreciation account to fund depreciation on the milfoil
harvesting equipment; and (iv) a Save the Lake Fund to hold monies contributed by
private persons and expended by the LMCD for special projects permitted by the
contributions. In July 1993, when adopting the 1994 budget, the Board reviewed the
level of its reserves and approved a policy that the operating account should
maintain a reserve of six to nine months of operating expenses, the milfoil
operating account should maintain a reserve of approximately one year of expenses
and that we should assume a ten year depreciation schedule on the harvesting
equipment resulting in a $50,000 per year funding requirement.
Based on projections of reserve levels at the end of 1993 and the above
described policy, the Board adopted a 1994 budget which did not apply reserves to
pay 1994 operating costs. Primarily because actual 1993 expenses were lower than
budgeted, our reserves at December 31, 1993 were greater than our policy calls for.
response to this we have done the following:
In
a. At our January meeting we adopted a budget adjustment to reduce the
amount of the 1994 city payments to the LMCD by $25,758 to assure that no city
would be asked to make a payment in excess of the .00242 statutory limitation on city
payments adopted by the 1993 Legislature.
b. We asked Bob Rascop, the LMCD Treasurer, to review the reserve levels,
the reasons for reserves in each of the accounts and our 1994 budget and present a
proposal to the Board in February concerning the proper level of reserves and
additional 1994 budget adjustments which may be appropriate.
I expect that further reductions in the 1994 city payments will be made by the
Board in response to Bob's review and proposals. We invite the views of cities on
this matter.
3. Milfoil Contributions. Questions have been raised concerning whether the
city payments to the LMCD for the milfoil program were voluntary or mandatory
and whether they were authorized to be made. When the milfoil program was
started in 1989, it was funded from private donations and contributions requested of
the cities. Because of the timing of the program's start, the cities were asked to make
1989 contributions outside of the LMCD's normal budgeting cycle. Thereafter, in
1990 through 1993, the city milfoil payments were separately identified in the
LMCD's annual budgets that were submitted to the cities for review and comment
and approved by the LMCD.
From time to time individual Board memberS, no doubt recalling the 1989
fund drive, have described the payments as voluntary or city contributions.
However, so far as I can tell from the official records of the LMCD, there was no
formal determination by the Board after 1989 whether the payments requested of the
cities were voluntary or mandatory. The payments were merely included in the
annual budgets. We have received an opinion from the LMCD's attorney analyzing
the matter. In short, the opinion concludes that, whether regarded as voluntary or
mandatory, the payments were authorized to be made by the cities and received and
expended by the LMCD. A copy of the opinion is being provided to each city. As
noted above, we have reduced the 1994 city contribution to assure that each city is
within the new statutory expenditure limitation. In the context of preparing the
1995 budget, we will discuss the nature and amount of milfoil funding with the
cities.
4. Environmental Matters. The Board has been discussing the appropriate
role of the LMCD in addressing environmental issues affecting the lake. Under state
law and the Management Plan, the LMCD is charged with some responsibility with
respect to the lake's environmental quality as are a number of other governments
and agencies. However, the Board has concluded that the LMCD's role must be
limited and not duplicate the actions of other governments or agencies. This does
2
not mean that the LMCD is not concerned about environmental issues facing the
lake. It is and will remain so. It is essential that the lake's condition be preserved
and improved. In the near term we intend to focus our efforts on two areas: (i) the
collection, organization and publication of existing information concerning the
lake's condition and environmental quality and (ii) the education of the Board and
public concerning environmental issues and concerns.
5. Dissolution Resolutions. Approximately one-half of the cities have acted
on the dissolution resolutions. The remainder are expected to do so within the next
two months. While the process is sometimes uncomfortable, it has promoted
discussion, both on the Board and within the cities, concerning the proper role and
function of the LMCD and its performance. The comments of the cities, both
favorable and unfavorable, have been heard by me and the Board. We have already
begun to address some of the concerns and will consider and respond to the other
criticisms.
6. Other Matters.
a. Working with cities, the Board has completed the adjustment of
individual member's terms to assure that terms will be completed on a staggered
basis. Presently, eight members have been on the Board fewer than three years.
b. Final comments from cities and other interested parties concerning the
lake access report will be received and considered over the next several weeks and
the report completed and issued shortly thereafter. This is a difficult issue, but I
believe that we have made good progress and the report will lay out a reasonable
process for meeting the public access requirements for the lake.
c. We have developed some preliminary concepts about alternative user
based revenue sources, namely the sharing of a part of boat license fees, to cover
some lake management costs presently born by local governments. We intend to
start discussions with the state and other interested parties this spring to see if the
proposal can be implemented.
d. We intend to hold a public hearing in February to discuss the question of
shoreline lighting. The purpose of the hearing will be to learn whether this is an
issue that is important to lake users and residents, whether it is already adequately
addressed by city regulation and whether it can and should be addressed by the
LMCD in cooperation with the cities. The LMCD only has jurisdiction over lights
on docks. Lights on land are subject to city regulation.
If you have any questions or comments concerning the above, please let me
know. Business telephone 340-2815 and home telephone 476-8725.
3
Attorneys at Law
ROBERT A. ALSOP
RONALD H. BATTY
b'TEPHEN J. BUBUL
JOHN B. DEAN
MARY G. DOBBINS
~TEFANIE N. GALEY
CORRINE A. HEINE
JAMES $. HOLMES
DAVID J. KENNEDY
JOHN R. LARXON
WELUNGTON H. LAW
CHARLES L. LEFEVERE
January 12, 1994
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 337-9.100
Facsimile (612) 337-9310
WRITER'S DIRECT DIAL
337=9215
RECEIVED
JOHN M. LEFEVRE, JR.
ROBERT J. LINDALL
LAURA lC MOLLET
BARBARA L. PORTWOOD
JAMES M. STROMMEN
JAMES J. THOMSON. JR.
LARRY M. WERTHEIM
BONNIE L. WILKINS
GARY P. WINTER
DAVID L. GRAVEN (1929-1991)
OF COUNSEL
ROBERT C. CARLSON
ROBERT L. DAVIDSON
ROBERT C. LONG
Gene Strommen
Lake Minnetonka Conservation
District
900 E. Wayzata Blvd., Suite 160
Wayzata, MN 55391-1836
RE: LMCD Charges to Cities
Dear Gene:
Several cities have raised several issues relating to the legality of past and future
payments by the cities to the LMCD. You have asked for my comment on these
issues.
I. BACKGROUND.
The issues, as I understand them, relate to payments made for the years 1989
through 1993 as well as payments to be made for 1994 and future years. In 1989, the
LMCD approached the lake cities and requested that they participate in the mi]foil
control program for that year. Cities were requested to participate in the program
by providing funding in the same amount as each city's payment in support of the
LMCD budget. Some cities participated to that extent and others to a lesser extent.
This occurred after the 1989 budget was approved and certified; therefore,
payments were supplementary to the normal payments to tile LMCD in support of its
approved budget. Payments for 1989 were clearly not required by statute, but were
voluntary.
For the years 1990 through 1993, all money paid by the cities was in support of the
approved budget. For some or all of these years, the amount certified to the cities
exceeded the amount which the cities were authorized to raise by ad valorem tax levy
under the LMCD Enabling Act. For the year 1994, the total amount of the LMCD
budget exceeded the amount which the LMCD can charge cities unless 3/4 of the
cities approve such an access levy.
Severai issues have been raised regarding these funds which have been and will be
provided by the cities. For the reasons, given below, I am of the opinion that the
payments made to date by the cities are legally defensible and proper municipal
expenditures.
LKll0-4
~ ..;~q.C.~~
Gene Strommen
January 12, 1994
Page 2
II.
PAYMENTS AS MANDATORY CONTRIBUTIONS IN SUPPORT OF THE LMCD
BUDGET.
A. Introduction.
Most, but not all, of the cities' payments may be defended as mandatory
contributions in support of the LMCD budget as required by the enabling act.
The LMCD Enabling Act (laws 1967, Chapter 907 as amended by laws 1969,
Chapter 272, and as later codified in Minnesota Statutes, § 103B.601-.645)
requires the cities to pay to the LMCD the amount certified to them in
accordance with pl:ocedures set forth in the statutes. Most of the payments
in question fit into this category. That is, as explained below, they were
required by law whether or not some people may have regarded them as
voluntary at the time.
B. Supplementary Payments for Milfoil Control in 1989.
As I understand the facts in this case, the 1989 supplementary payments for
the milfoil program were solicited and paid outside of the normal process of
budget approval and submission of charges to the cities. Such payments were
not mandatory and therefore cannot be defended as such. The legal authority
for such payments would have to be based on other grounds, such as those
described in part III of this letter.
C. Payments for the Years 1990 through 1993.
It would appear to me that the payments for the years 1990 through 1993 can
be defended as mandatory payments. The only reason there seems to be any
question about this is that the amount included in the LMCD budget and
assessed against the city by the LMCD exceeds the amount which the cities
were authorized by law to raise by ad valorem tax levy for the LMCD.
Therefore, it seems to have been assumed by some that only assessments up
to the amount of the cities' levies were mandatory and any excess amounts
were voluntary.
Until recently, however, the law did not specify any limits on the amount
which the LMCD could budget and charge to the cities. Cities were required
to pay whatever amount was assessed by the LMCD. Section 5 of laws 1967,
Chapter 907 as amended by laws 1969, Chapter 9.72 provided in part that "it
shall be the duty of the governing body . · · of each municipality in the district
to provide the funds necessary to meet its proportion of the total cost to be
borne by the municipalities as finally certified by the directors ...". The law
provided that funds for such purposes could be raised by the city by any
lawful means at its disposal. Section 5 of the enabling act further provided
that the funds paid by the municipalities were to be ". · · raised by any means
within the authority of the municipalities and [paid] into the treasury of the
district in amounts and at times the treasury of the district [required]."
CI,/,64045
~J~110-4
Gene Strommen
January 12, 1994
Page 3
Among the ways the cities were authorized to raise funds was an ad valorem
tax levy authorized by the enabling act. Under the original enabling act,
each city could levy one mill on the taxable property within the city. In 1990
the law was changed to limit the amount each city could levy to .00242% of
taxable market value.
Therefore, each city was limited in the amount of ad valorem tax which it could
levy to support the LMCD; however, the LMCD was not limited in the amount
it could budget and charge to the cities. If the LMCD chose to charge a city
an amount exceeding the city's authority to levy ad valorem taxes under the
enabling act, the city would be required to raise the funds from some other
source. Such sources could include, for example, investment income, gifts,
or grants. Additionally, there is separate statutory authority for cities to
levy ad valorem taxes (up to the lesser of . 01596% of taxable market value or
50 cents per capita) for control or destruction of harmful or undesirable
aquatic vegetation or cooperation with other governing bodies in such control
or destruction. Minnesota Statutes,, § 103G.625. Therefore, given the fact
that the amount by which the LMCD charge to the cities exceeded their
authority to levy ad valorem taxes under the enabling act by a very small
amount and the fact that a very substantial part of the total LMCD levy was
for milfoil control program, I believe that the entire amount could have been
raised by the cities through ad valorem tax levies.
It may have been believed that the ad valorem tax specified in the enabling act
was the limit of the authority of the LMCD to certify its cost to the cities, but
I find no support in the law for that assumption. Therefore, although it
appears that 1989 payments in excess of the original amount certified were
voluntary, the 1990 through 1993 payments were not. At least they were not
required to be voluntary by reason of being in excess of any limits on LMCD
budget, because there were no such limits for those years. It may be that
some of the LMCD directors intended that the milfoil control portion of the
amount certified to the cities in those years was a matter of voluntary
participation by the cities (just as it had been in 1989). However, for 1990
through 1993, the costs of the milfoil control program were treated as a part
of the total budget which was certified in accordance with law to the cities.
I am not aware of anything in the procedure followed which suggests that the
payment was expected to be voluntary, and, if statements attributed in the
newspaper to several city officials are accurate, it was not the understanding
of the cities that these payments were voluntary.
If the board were to determine that participation in the milfoil program was in
fact, voluntary, I believe that they could treat it as such. However, I have
seen nothing in the law or the proceedings which compels that determination;
and unless the board makes such a determination, it is my opinion that
payments for 1990 through 1993 can be defended as mandatory payments.
~lf CI~6404.~
L~110-4
Gene Strommen
January 12, 1994
Page 4
D. Payments for 1994.
Payments for 1994 do not stand on the same footing as payments for 1990
through 1993. In 1993 the law was changed. Minnesota Laws 1993, Chapter
375, Article 7, Section 1 (which by section 29 was made effective for taxes
levied in 1993 and payable in 1994 thereafter). Under this law there is a
limitation on the amount which the LMCD can certify and collect from the
cities. The law amends Minnesota Statutes, § 103B.635, subd. 2 and limits
"the total funding from all municipalities in the district" to ".00242% of the
total taxable market value within the district, unless three-fourths of the
municipalities in the district pass a resolution concurring to the additional
costs."
Therefore, unless 3/4 of the cities pass resolutions concurring to such
additional costs, the total mandatory funding for the LMCD from the cities is
limited to .00242% of the total taxable market value within the district. Upon
such approval by the cities, the entire amount would be mandatory for all
cities. I do not know whether 3]4 of the cities have adopted such resolutions.
No form of resolution or procedures for adopting such resolutions of approval
are specified in the statute. Therefore, arguably city resolutions approving
the LMCD budget, or even resolutions approving city budgets in which the
city's share of the total LMCD budget is included could be deemed to be such
resolutions of approval.
If such approval has occurred, payment of the entire amount certified to each
city would be mandatory. If no such approval has occurred, no more than an
amount equal to . 00242% of the total taxable market value within the district
would be mandatory and that amount would be allocated among the cities in
accordance with the statute.
As in the case of the 1990 through 1993 payments, if the intent of the board
was to make contributions for the entire milfoil budget voluntary, it could
make a determination to that effect, even though the law would allow higher
mandatory charges up to .00242% of total taxable market value, and up to the
entire budgeted amount if 3]4 of the cities concurred.
III. VOLUNTARY PAYMENTS IN SUPPORT OF THE MILFOIL CONTROL PROGRAM.
An opinion has been given to one city to the effect that municipalities are not
authorized to make cash donations. In general, I would agree with this opinion. It
is a basic tenet of municipal law that a city council holds the property of the city in
trust for the public and therefore cannot give such property away. In Minnesota,
however, there is authority for some donations provided the donee is another
governmental body. Minnesota Statutes,, § 465.035 authorizes one city to donate real
estate to another city, and Minnesota Statutes, § 471.85 authorizes one city to donate
personal property to another. However, the attorney general has given the opinion
that this authority does not extend to donations of cash. Presumably this distinction
is based on the assumption that a city will not give something away without first
determining that it is no longer needed for that city's purposes; however, it can
CI, L64045
~KllO-4
Gene Strommen
January 12, 1994
Page 5
never be said that a city no longer has a need for cash. On the other hand, the
distinction seems a bit iliogicai since the land or personal property which a city is
authorized to give to another city can have a substantial cash value and giving away
such property has exactly the same practicai effect on the tax payers as giving away
cash.
However, I do not believe that this doctrine is applicable to the payments made by
the cities to the LMCD. While cities cannot make gifts of cash, they can voluntarily
participate in joint projects. Joint exercise of municipai powers is authorized by
Minnesota Statutes, § 471.59. More specifically, the law authorizes cities to
"cooperate with otl~er governing bodies" in the control or destruction of harmful or
undesirable aquatic vegetation in public waters. Minnesota Statutes, § 103G.625.
Miifoil control in Lake Minnetonka benefits the cities around the lake. The program
could have been undertaken by the cities themselves. However, in this case, the
LMCD proposed a program for milfoil control and a budget for that program. The
cities paid funds for the proposed program and those funds were expended for that
purpose. The payment by the cities, although voluntary, was not a gift. The cities
received vaiue for the payments which they made to the cooperative milfoil control
effort and the funds paid by the cities were expended for the agreed upon purpose.
Therefore, even if payments for miifoil control are not mandatory, I believe that they
would be defensible public expenditures by the cities as a joint project for the
control of milfoil. In my opinion, a suit challenging the payments by the cities for
the milfoil budget on the basis that they were an illegal gift of public funds would not
be successful.
IV. REQUEST FOR REFUNDS.
I understand that several cities have requested refunds for payments previously
made by them. As a practical matter, it may be difficult to refund money to the cities
which has aiready been spent by the LMCD. The LMCD budget was submitted to the
cities, the cities paid the assessments in accordance with that budget, and the money
has been spent for the project for which the expenditure was intended. The funds
are no longer available for refund. The total milfoil budget for 1989 through 1993
would be well over $300,000. Additionally, it would be difficult to justify a refund
as a legal matter. If the board determines that the payment was a mandatory
payment in support of the LMCD budget, there would be no legal authority to give
the money back to a city. If the board determines that the payment was a matter of
voluntary participation in a joint milfoil program, and if the funds have not yet been
expended, the LMCD could agree to return funds paid by the cities. However, if the
funds have been expended for the purpose for which they which they were secured,
it would not be a matter of simply allowing the city to withdraw from voluntary
participation. Rather, it would be a matter of raising money for the purpose of
giving it to the city. I do not know of any legal authority which would allow the
LMCD to raise money for such a transfer of cash to a city who has participated in the
milfoil program in past years.
Just as the cities are not authorized to make a gift to the LMCD, it would not be
authorized for the LMCD to make a gift to the cities. If monies have already been
7 CLL64045
LKllO-4
Gene Strommen
nuary 12, 1994
Page 6
expended for the milfoil program, raising new money for the purpose of giving it to
the city where no value would be received by the LMCD, is probably not an
authorized expenditure of LMCD fund.
V. UNPAID ASSESSMENTS FOR 1993.
I understand that one city has not yet paid one-half of its 1993 assessment for
support of the LMCD budget. If the board determines that all payments for 1993
were mandatory, the full amount should be paid. If the board were to determine that
the portion of the budget intended to support the milfoil program was a matter of
voluntary participation in a joint program, it could perhaps authorize withdrawal
from the program so that some part of the milfoil control budget which was not
expended could be refunded to the withdrawing community or treated as an offset
to that part of the 1993 payments which the board regards as mandatory. Generally,
however, it seems to me that refunds or forgiveness of 1993 payments, or some part
of such payments would be on the same footing as refunds of payments made for
prior years.
VI. NON-PAYMENT OF ASSESSMENTS IN SUPPORT OF THE 1994 BUDGET.
If the charges submitted to the cities are viewed as mandatory, the 1993 amendment
to the enabling act would authorize a total charge to the cities of more than .00242%
of total taxable market value only by concurrence of 3/4 of the cities. If 3/4 of the
cities have concurred, the entire amount of the 1994 charges to the cities can be
treated as mandatory. If 3/4 of the cities have not concurred, the total mandatory
charges to the cities could not exceed. 00242% of market value, and the total charges
to the cities should be reallocated among the cities in accordance with the formula set
forth in the enabling act. If this occurred, any one city could, nevertheless,
support the milfofl control budget in excess of the mandatory assessment by
continuing voluntary participation in the milfoil project.
Please let me know ff you have any further questions on these issues.
Very truly yours,
Charles L. LeFevere
CLL: ckr
C~J~64045
L~110-4
RECEIVED -zq 1 O
LAKE MINNETONKA CONSERVATION DISTRICT
LAKE USE AND RECREATION COMMITTEE
AGENDA
Tuesday, February 15, 1994, 5:30 PM
LMCD Office, Norwest Bank Building
900 E. Wayzata Blvd, Wayzata
(Elevator access for Handicapped;
use west entrance on Wayzata Blvd.)
Hennepin County 1994 Lake Improvement Program
A. Lake maintenance projects per 2/2/94 letter
B. Slow buoy map; proposed additions (Item 2)
Quiet Waters Areas - discussion on possible new areas to
be designated quiet waters/no wake zones
A. Resolution #1993-25 from Minnetonka Beach for
placement of slow, no wake buoys along the eastern
shore of Huntington Point to the channel at the
southern tip, Lower Lake
B. Cedar Point, Wayzata Bay
C. Skogsberg Point, West Arm
D. Channel south of Spray Island, East Upper Lake
Study of Lake Minnetonka Boat Use During Summer of 1994,
Request for Proposals (RFP) per draft outline proposed by
DNR and LMCD staff; recommending the LMCD serve as the
lead agency and enter into a contract with the DNR in a
cost share agreement up to $6,000 (1/2 of the projected
$12,000 project cost)
Proposal for Code amendment to add Coast Guard Charter
Boat safety standards to Sect. 3.07. Watercraft for Hire,
per request of Hennepin County Water Patrol
Special Event Definition - resubmission of 11/17/93 memo
for committee recommendation
Shoreline boat inventory, staff recommendation to conduct
biannually
Water Patrol Report
A. Monthly Activity Report (handout)
B. Fishhouse count
Pending issues before the committee (not ready for
discussion at this time)
A. "Responsible wake" education brochure
B. Lakeshore. lighting subcommittee, public hearing to be
held 2/23/94
9. Additional business
2/9/94
i
C m
RECEIVED ,-~'
February 14, 1994
Edward J. Shukle, Jr., City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
Dear Mr. Shukle:
This is to inform you that the application by Community Builders for funding from the
Community Rehabilitation Fund Program of the Minnesota Housing Finance Agency (MHFA)
was not funded. Apparently they received 51 proposals totaling over $12 million dollars. They
could only fund approximately $2 million.
We had anticipated hearing on these funds in December but the large number of applicants
required MHFA to take additional time for reviewing the proposals. We did not hear the
results until February llth.
While we are disappointed that our proposal was not funded we will not be giving up our
efforts to implement a lease to purchase program in suburban Hennepin County. TCF has
indicated that they are willing to work with us on the program and we are actively seeking funds
from other organizations. We will also be talking with the staff of the MHFA to seek out other
opportunities.
The Board of Community Builders would again like to thank the Mound City Council for its
endorsement of our proposal. We want to also thank you for your assistance and will keep you
informed of developments regarding this proposal.
Sincerely,
President
4100 Vernon Avenue South · St. Louis Park, Minnesota 55416 · (612)920-5533/Fax: (612)929-7480
Plan to attend the...
League of Minnesota Cities
Legislative
Conference
Tentative Program
9:15 a.m. President's Message
Thursday, March 24
Radisson St. Paul Hotel
11 East Kellogg Boulevard
St. Paul, MN 55101
9:30 a.m. Local Govemment Aid-What's Up-What's Down
The Real Sto~y
10:.30 a.m. Legislative Leaders Panel
Legislators will respond to questions from a panel of city officials
11:30 a.m. Lunch (Representative Iw Anderson invited to speak)
1:00 p.m.
2:00 p.m.
What's Hotl
League staff will brief you on the three most Important issues to discuss with your
legislators
Meet with your legislator st the State Capitol (transportation furnished)
Schedule time with your legislator in advance to discuss issues affecting your city
4:00 p.m.
Forum on Term Limits (All legislators Invited)
Legislators and organizations which support or oppose term limits will state their
positions and respond to questions. The League opposes term limits for city officials,
but what do you think?
5:00 p.m. Reception (Ali legislators Invited)
Page 6
Meet your legislators to discuss the issues
LMC Cities Bulleti,,
RECEIVEO :'EB 1 6 ~
February 14, 1994
To: All Muldple Dock Licensee
From: The Multiple Dock Owner Association
Enclosed you will f'md a report from Bill Johnstone, Chairman of the LMCD, to
all member cities. His reporting regarding the multiple dock fees study and the
envelope concept is accurate assessment of where we are at this time with the
LMCD.
The LMCD has asked us to designate representatives from four different criteria to
study the envelope concept. These representatives will cany your thoughts and
interests to this process. They are as follows: the Mayor of Deephaven, Howard
Bennis, and the Mayor of Tonka Bay, Vern Haug, (alternate) will be representing
the municipalities. Paul Pederson and Gabriel Jabbour (alternate), will be
representing the marinas. Forest Lake Home Owners Association will be
representing Home Owner Associations, and Steve Wood will be representing the
LMLOA.
Please communicate with any or all of us regarding the above issue.
FEBRUARY LMCD REPORT
TO:
FROM:
DATE:
LMCD MEMBER CITIES
BILL JOHNSTONE, LMCD CHAIR
FEBRUARY 8, 1994
The following is a summary of significant actions taken by the LMCD during
January 1994 and matters we intend to address in the coming months.
1. Multiple Dock Regulation. A number of Board members and multiple
dock licensees have expressed an interest in simplifying the regulation of multiple
docks by the LMCD in an effort to reduce the time and expense, for both the Board
and the licensees, required to administer the regulations. A committee of Board
members, multiple licensees and other interested persons will look at this issue and
present a recommendation to the Board later this year.
In response to concerns of multiple dock licensees, the Board has studied its
costs of regulating multiple docks and the fees charged therefor. The results of the
study for 1993 are being finalized with representatives of the multiple dock
licensees. The Board will make appropriate adjustments in the fees for 1995.
2. Board Reserves. The LMCD maintains four separate accounts for its funds:
(i) an operating account to pay for normal costs of operation and administration; (ii)
a milfoil operating account to pay for the operation of the annual milfoil harvest,
(iii) a milfoil equipment depreciation account to fund depreciation on the milfoil
harvesting equipment; and (iv) a Save the Lake Fund to hold monies contributed by
private persons and expended by the LMCD for special projects permitted by the
contributions. In July 1993, when adopting the 1994 budget, the Board reviewed the
level of its reserves and approved a policy that the operating account should
maintain a reserve of six to nine months of operating expenses, the milfoil
operating account should maintain a reserve of approximately one year of expenses
and that we should assume a ten year depreciation schedule on the harvesting
equipment resulting in a $50,000 per year funding requirement.
Based on projections of res~erve levels at the end of 1993 and the above
described policy, the Board adopted a 1994 budget which did not apply reserves to
pay 1994 operating costs. Primarily because actual 1993 expenses were lower than
budgeted, our reserves at December 31, 1993 were greater than our policy calls for. In
response to this we have done the following:
MINUTES OF A MEETING OF THE
MOUND ADVISORY PARK AND OPEN SPACE COMMISSION
FEBRUARY 10, 1994
Present were: Vice Chair Tom Casey, Commissioners Marilyn Byrnes, Peter Meyer,
Janls Geffre, Mary Goode, and Bill Darling, Council Representative Andrea Ahrens,
Parks Director Jim Fackler, and Secretary Peggy James. Commissioners Schmidt and
Steinbring were absent and excused.
The following persons were also in attendance: Scott Schmieg, Joel Laskey, and
Brian Stevenson.
MINUTES
MOTION made by Byrnes seconded by Good. to approve the Park and
Open Space Commission Minutes of January 13, 1994 as written.
Motion carried unanimously.
AGENDA CHANGES
The following items were added to the agenda:
IO.A. Pelican Point
IO.B. Music in the Parks
PUBLIC LAND PERMIT~; - BATCH #2
Parks Director, Jim Fackler, reviewed the format developed by staff to present public
land permits for updating. Fackler stressed that the Park Commission should be
utilizing the flow chart when reviewing these items, especially the items noted by staff
that need special consideration for something out of the norm.
Fackler referred to "Batch #2" attached to the staff report which lists the dock sites
that have private structures such as stairways, or some other type of encroachment,
located on public lands. These encroachments have been inspected by the Building
Official and Dock Inspector according to the Procedure Manual. Minor maintenance
of some stairs is needed. Stairway types vary, such as metal, wood, landscape
timbers, or masonry products, and some types tend to cause minor erosion to the
slope. Staff will work with the affected dock site holders to correct erosion and insure
maintenance is completed, and stairs are reasonably safe.
Staff recommended approval of Public Land Permits for "Batch #2", subject to the following
conditions:
The permits will expire five (5) years from the date of City Council approval, unless
otherwise noted in the 'Comments" column on "Batch 82'.
The permits must be renewed with change in dock license holder.
Park and Open Space Corem~ss~on M/nutes February lO, I994
3. Repairs to stairways, and erosion control measures be made as required by the Building
Official and Parks Director.
Batch #2
Public Land Permits
Park and Open Space Commission 2/10/94
DOCK ABUTTING ADDRESS ENCROACHMENT COMMENTS
SITE
02605 1580 HERON LANE STAIRWAY
02635 1580 HERON LANE STAIRWAY
02665 1580 HERON LANE STAIRWAY
02695 1601 PARADISE LANE STAIRWAY
02720 1601 PARADISE LANE STAIRWAY
02750 1601 PARADISE LANE STAIRWAY
02780 1601 PARADISE LANE STAIRWAY
02870 END OF THREE PTS. STAIRWAY
BLVD.
02900 END OF THREE PTS. STAIRWAY
BLVD.
02930 END OF THREE PTS. STAIRWAY
BLVD.
10310 1779 WILDHURST BIRD HOUSE *PENDING DISCUSSION
LANE
10520 1745 WILDHURST STAIRWAY
LANE
12490 1733 GULL LANE RETAINING
WALLS
12550 1729 GULL LANE STAIRWAY STAIRWAY UNSAFE. DOCK
SPACE NOT USED AT THIS
TIME. RECOMMEND STAFF
WORK WITH ABUTTING
OWNER AND REMOVE
STAIRWAY. A DOCK PERMIT
WILL NOT BE ISSUED FOR
THIS SITE UNTIL RESOLVED.
12580 1724 FINCH LANE STAIRWAY
2
Park and Open Space Corn/n/ss/on M/nutes February 10, 1994
12610 1728 FINCH LANE FLAG POLE *PENDING DISCUSSION
13090 1729 DOVE LANE STAIRWAY,
TIMBER
13300 1737 CANARY LANE STAIRWAY
13390 1736 BLUEBIRD LANE STAIRWAY, APPROVAL RECOMMENDED
RETAINING FOR STAIRWAY ONLY.
WALLS, AND RETAINING WALLS AND
GARDEN GARDEN AREA ARE NOT
INCLUDED IN THIS
RECOMMENDATION.
* PENDING DISCUSSION
These items need discussion. Plantings, flag poles, etc. can make a public area look private,
we need to set guidelines. Please refer to the Flow Chart and Use Plan for discussion.
Vice-chair Casey suggested that the Park Commission approve the permits for the stairways
which do not require any discussion, as noted in the comment column of "Batch 2". Casey
asked if anyone present had comments relating to any of the stairways being presented for
approval. Brian Stevenson of 1580 Heron Lane stated that he does not feel the stairway for
Dock Site 02665 is safe.
Fackler explained that condition #3 within the staff report states that staff will work with the
dock site holders to ensure that the stairways are maintained in a safe condition.
Ahrens stated that she would like to know which stairways do not require any repairs. It was
also suggested that it be noted if the dock site is used by the abutting property owner or by
a nonabutter.
MOTION made by Goode, seconded by Meyer, to recommend approval of the
permits for the following dock sites, as recommended by staff.
DOCK ABUTTING ADDRESS ENCROACHMENT COMMENTS
SITE
02605 1580 HERON LANE STAIRWAY
02635 1580 HERON LANE STAIRWAY
02665 1580 HERON LANE STAIRWAY
02695 1601 PARADISE LANE STAIRWAY
02720 1601 PARADISE LANE STAIRWAY
02750 1601 PARADISE LANE STAIRWAY
02780 1601 PARADISE LANE STAIRWAY
Park and Open Space Commission Minutes February 10, I994
02870 END OF THREE PTS. STAIRWAY
BLVD.
02900 END OF THREE PTS. STAIRWAY
BLVD.
02930 END OF THREE PTS. STAIRWAY
BLVD.
10520 1745WILDHURST STAIRWAY
LANE
12580 1724 FINCH LANE STAIRWAY
13090 1729 DOVE LANE STAIRWAY,
TIMBER
13300 1737 CANARY LANE STAIRWAY
Motion carried unanimously.
Ahrens suggested that in the future the Commission look carefully at stairway locations, as
there may be alternatives for accessing the dock sites.
It was requested that the type of commons also be included on the "Batch" form.
Dock Site//10310.1779 Wildhurst Lene. Bird House.
The subject bird house is a martin house on a metal pole. The following points were raised:
The bird feeder does not interfere with the use of the common.
This area of common is accessible and traversable.
There is room on private property for the bird feeder.
It was questioned if there are martins in the house, because if the house is not
maintained sparrows could move in.
The City is thinking about putting bluebird houses on the commons.
Should bird feeders be allowed at every dock site?
Intent is not to have the commons appear private.
Is there a negative impact?
MOTION made by Goode to recommend that the bird house be moved onto
private property before issuing a dock license for this site. Motion seconded by
Casey.
Ahrens noted that recently a permit was approved to allow a shed to remain for three years
and at that time the permit would not be renewable, and she feels the bird house should also
be able to remain for at least three years if a shed may remain.
MOTION withdrawn by Goode.
')3o
Park and Open Space Commission Minutes
February I0, 1994
MOTION made by Goode, seconded by Casey, to recommend approval of a
there year non-renewable permit for the bird house located on W|ota Common
abutting 1779 Wildhurst Lane, Dock Site #10520. Motion carried 6 to 1.
Those in favor were Goode, Casey, Darling, Byrnes, Meyer, and Geffre. Ahrens
opposed.
The Commission confirmed with staff that a letter will be mailed to the owner of 1779
Wildhurst Lane explaining the action taken.
Dock Site #12490.1733 Gull Lane, Retaininq Walls,
The retaining walls on Wiota Common abutting 1733 Gull Lane, Dock Site //12490 were
discussed. It was noted that the walls were privately constructed and they are in good
condition.
MOTION made by Byrnes, seconded by Goode to recommend approval of a 5
year permit for the retaining walls as recommended by staff. Motion carried
unanimously.
Dock Site 812550, 1729 Gull Lane, Stairway,
Fackler explained that this stairway consists of cement blocks imbedded into the hill. This
dock site is not utilized by the abutting owner or any other individual.
Fackler noted that there is not much need for a stairway in this area as there is a stairway at
the end of gull, and then the bottom of the hill is traversable to this dock site. Fackler also
noted that the slope is not so steep that it would not be difficult to repair the grade.
MOTION made by Ahrens, seconded by Byrnes to table this request until staff
can discuss removal of the stairway with the abutting owner. Motion carded
6 to 1. Those in favor were: Ahrens, Byrnes, Goode, Casey, Geffre, and
Meyer. Darling opposed.
Dock Site 12610, 1728 Finch Lane, FlaQ Pole_.
Fackler announced that this flagpole has been removed from the common.
Dock Site//13390, 1736 Bluebird Lane. Stairway. Retainin.q Walls and Garden,
The need for this retaining wall was discussed. The abutting owner, Scott Schmieg, stated
that the previous owners of the house told him that the City installed the wall. Fackler stated
that he is not familiar with the site.
MOTION made by Darling, seconded by Meyer to table this request pending a
staff report on the need for the retaining wall. Motion failed 5 to 2. Those in
favor were Darling and Meyer. Those opposed were Byrnes, Ahrens, Casey,
Goode, and Geffre.
Mr. Schmieg stated that it is his opinion the retaining wall is needed to help prevent erosion;
the size of the wall is approximately 2' high by 12' long and is constructed of log timbers.
Park and Open Space Commission Minutes February 10, I994
The Parks Director retrieved a photograph of the property from his office and the Commission
and staff reviewed the photo. Jim questioned Shoreland Management requirements relating
to retaining walls constructed within a bluff impact zone.
Mr. Schmieg stated that the wall is not for a garden or a planter, but last year he planted some
marigolds on the inside of the wall. If he had his preference, he would rather have the wall
remain as is.
MOTION made by Darling, seconded by Casey to recommend approval of the
stairway and ask that the retaining wall be removed, and that the retaining wall
at 1733 Gull Lane be reassessed.
Casey questioned staff if the hillside could be restored if the retaining wall is removed. The
Parks Director believes the area could be restored, but questioned who should be responsible
for removal. Scott Schmieg stated that he believes there is a lot of run-off from the street and
that is why the wall was put up.
Motion failed 3 to 4. Those in favor were: Darling, Casey and Meyer. Those
opposed were: Byrnes, Ahrens, Goode, and Geffre.
MOTION made by Ahrens, seconded by Byrnes to recommend approval of a five
year permit for the retaining wall. Motion carried 4 to 3. Those in favor were:
Byrnes, Ahrens, Goode, and Geffre. Those opposed were: Dading, Casey and
Meyer.
It was noted that the garden was not included in the approval of the retaining wall. The Parks
Director explained to the Commission that parameters should be set for allowing plantings on
the commons. Ahrens commented that she does not see marigolds as a negative impact to
this commons.
MOTION made by Byrnes, seconded by Ahrens to allow marigolds to be planted
by the retaining wall on Wiota Commons abutting 1736 Bluebird Lane.
The Commission discussed guidelines for plantings on the commons.
Motion withdrawn by Byrnes and Ahrens.
MOTION made by Ahrens, seconded by Casey to have the Park and Open
Space Commission to develop a policy for allowing plantings and gardens on
the commons. Motion carried unanimously.
It was suggested that the Commission meet at 6:00 p.m. on Thursday, March 10, 1994,just
prior to the regularly scheduled meeting, to discuss this issue.
MOTION made by Ahrens, seconded by Casey to table the request for a permit
to allow a garden on Wiota Commons abutting 1736 Bluebird Lane until a policy
for plantings on the commons is established. Motion carried unanimously.
Andrea Ahrens was excused from the meeting.
73 -
6
Park and Open Space Cornrniss/on Minutes
February 10, I994
BUDGET DISCUSSION: CAPITAl- OUTLAY FOR 1995 PARK IMPROVEMENTS
The Park Commission was to bring their ideas for budget requests to the meeting.
Parks Director, Jim Fackler, reviewed a memorandum written by the City Manager regarding
"1994 Budget - Definition of Capital Outlay and Budget Calendar." Fackler explained that it
is nice to prepare early with budget requests because it takes time to get quotes for costs and
to get a consensus on what should be requested. Fackler confirmed that the Park Commission
can request anything, as long as it is in his budget.
Those Commission members who brought their ideas for the 1995 budget listed their items,
as follows:
1. Clean up the proposed NCA's, trash removal and noxious weeds.
2. Replace and repair picnic tables.
3. Put a City logo on trash receptacles.
4. Plant some shade trees in Swenson Park.
5. Playground structure at Highland Park.
6. Split rail fence and wild flower garden at Doone Park.
7. Cooperation with Community Services for a skating rink on (maybe) school
property.
8. Money ($500) for flowers for the Adopt-a-Green Space Program.
9. Showmobile.
10. Money for the Celebrate Summer series.
11. Volleyball courts.
12. Benches and trash receptacles.
13. Tennis Court at Philbrook Park.
14. Riprap repairs on Wychwood Commons.
15. Steps at road ends to access docks sites.
16. Activities at Pond Arena in conjunction with Community Services.
17. Health Club at Lost Lake area.
18. Development of a walking/biking trail system.
19. Park maintenance.
20. Acquisition of large open spaces (Pelican Point).
The Parks Director noted that more specific information would be needed on the NCA's.
Casey suggested that the Commission prioritize the list. Byrnes agreed, and noted that the
community needs more activities for the young adults, junior and senior high kids.
Goode suggested that the Economic Development Commission seriously look at the possibility
of a health club at the Lost Lake site. It was suggested that inquiries be made with the City
of Chaska on how they got their Community Center developed.
MOTION made by Goode, and seconded by Byrnes, to request the City Planner
to check with the City of Chaska on the feasibility of developing a health club
at the Lost Lake site.
It was noted that it may be premature to ask for a feasibility study at this time. Fackler stated
that he can check with the Planner to see where they are at with the development of the Lost
Park and Open Space Commission Minutes February 10, 1994
Lake Property. Fackler also offered to get rough estimates for the list of 1995 budget items.
The secretary explained that the Park Commission cannot request the City Planner to do
research without the approval of the City Council as the Planner is a consultant, so the motion
would need to be made in the form of a recommendation to the City Council.
The motion was withdrawn.
Casey requested a report from City staff on the tax value of the Pelican Point property. He
stated that this is probably one of the last open spaces in the City of Mound and when it is
gone it is gone forever and a development proposal is pending. He would like to be kept
apprised of where the development process of this property is, and also a ball park land value
for this property.
Regarding NCA's, Casey noted that a concern has been expressed in the past on how the City
will pay for the maintenance of NCA parcels and therefore the number of NCA's is being
limited. He would like to know why the City cannot afford to protect this property. So, he
would like to know from City staff the maintenance ideas in order to keep the parcels in a
natural state without any development at all.
Darling questioned if there is a way for the Federal government to come in a declare a piece
of land an NCA or to help with funding to keep the land that way.
Darling suggested that the Park Commission take a different approach in determining the
budget needs for 1995. He suggested that the Commission identify the "needs", such as
more activities for the youth. A wish list does not work. The following procedure was
proposed by Darling:
2.
3.
4.
5.
6.
Develop a list of "needs" (these should be 'needs" for the ~;Qmmunitv)
Prioritize the "needs".
Determine how you can meet those "needs'.
What are the objectives.
Identify resources.
Eventually look at costs.
Darling added that the City has a mission statement, and the Park Commission should tie their
needs to the mission statement.
MOTION made by Dading, seconded by Geffre to have the Park Commissioner's
bring a 'needs' list to the next meeting. Motion carried unanimously.
Darling will submit information on this process to the secretary to be put in the next packet.
PLACEMENT OF NEW PLAYGROUND STRUCTURE AT MOUND BAY PARK
The Parks Director explained that the new playground structure will be located in basically the
same place as the existing structure, however, it will be slightly larger. Fackler explained the
type of structure and the layout. The structure does not have to be handicap accessible yet,
but provisions have been made to allow it to be altered to be accessible.
Park and Open ~oace Commission Minutes
February I0, 1994
SKATING RINKS
Commissioner Meyer referred to a handout that includes information he collected from the City
of Wayzata that summarizes the cost of staff time to maintain the Klapprick Field Ice Rink.
Byrnes questioned staff why the City and Schools cannot cooperate with each other to
develop a skating rink. Fackler indicated they had a joint meeting this summer with the
Hockey Boosters and School District, and it was determined that due to lack of personnel and
budget no cooperation was developed.
It was discussed that maybe one large skating rink would be preferable to several smaller
rinks.
Having the rink at Mound Bay Park, on the lake, was discussed. Byrnes commented that she
does not feel the depot should be used for a warming house because the skates would ruin
the carpet, and there is a kitchen and other valuables in the building that would be open to
vandalism.
Fackler likes the idea of having a rink behind the Pond Arena.
The Commission determined that staff should write a letter to Community Education and
Services regarding the possibility of working together to develop a larger skating rink that can
be used by the general public.
Byrnes explained that herself, Schmidt, and Jim Glasoe from Community Ed went to see a
new showmobile (portable stage) at the City of Robbinsdale.
WINTER LAKE ACCESSES FOR SNOWMOBILES AND AUTOMOBILES
The Parks Director briefly reviewed the information collected since 1989 on lake access sites.
It was recognized that the subcommittee formed in August of 1989 never analyzed the
accesses in the winter to determine appropriate use, as planned.
Goode commented that she talked with the Police Department and the number of complaints
regarding snowmobiles was less this year. Goode suggested getting a snowmobile association
to mark the accesses. Fackler noted that most of these accesses are used by the
neighborhood residents and are not access points for trails. The Commission also discussed
publishing the snowmobile rules and regulations in the paper to inform people that
snowmobiling is not allowed in the City parks.
Darling commented that he sees two issues, 1) identifying the accesses, and 2) identifying
where the snowmobiles should not be accessing. Fackler agreed, and also noted that it is
difficult to control the snowmobiles.
Park and Open Space Corem~ss~on Minutes February 10, 1994
SCHEDULE NEXT WORKSHOP MEETING (odor to March 10)
The Commission determined to have the next workshop meeting on Thursday evening, March
3rd, at 7:00 p.m. Agenda items should be:
Review Budget - "Needs" (bring your ideas).
Policy for Plantings on the Commons.
Utilization of Flow Chart.
Copies of the entire City Budget and the inventory of encroachments on the Commons should
be made available for this meeting.
CELEBRATE SUMMER (MUSIC IN THE PARKS)
Byrnes briefly updated that Commission on the events being planned for this summer's
Celebrate Summer program.
PELICAN POINT
Casey requested that the Park Commission be given the opportunity to review the sketch plan
for the proposed Pelican Point development. He explained that soon all of Mound's open
spaces will be gone, and he would like to see the City consider acquisition of these lands.
Park Director's Reoort.
Jim Fackler reported that the riprapping on Devon Commons and at the end of Three Points
has completed. He also briefly reviewed the progress on the removal of a boathouse on
Devon Commons.
MOTION made by Byrnes, seconded by Goode to adjourn the Park and Open
Space Commission Meeting at 10:31 p.m. Motion carried unanimously.
10
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
February 14, 1994
Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland,
Bill ross, Jerry Clapsaddle, Mark Hanus, and Brian Johnson, City Council Representative Liz
Jensen, City Engineer John Cameron, Building Official Jon Sutherland and Secretary Peggy
James.
The following people were also in attendance: James Veit, Catherine Veit, Dennis Brenny,
and Mary Brenny.
MINUTES
The Planning Commission Minutes of January 10, 1994 were presented for approval.
One correction was requested by Hanus on Page 8, last paragraph, as follows:
"Hanus commented that he is in favor of the request, however, voted in
opposition because he does not agree with the park dedication fee requirement
as it is not his belief 1;hat two Dark dedication fees are consistent with th~ intent
of the ordinance."
MOTION made by Weiland, seconded by Clapsaddle, to approve the Planning
Commission Minutes of January 10, 1994 as amended. Motion carried
unanimously.
INTERVIEWS FOR NEW PLANNING COMMISSION MEMBER
A. LISA ANN BIRD, 4685 WILSHIRE BOULEVARD
Lisa has been a resident in the Mound area for 4 years.
It is her understanding that the role of the Planning Commission is to advise the Council on
matters of Planning. Her understanding of the relationship between the LMCD and the City
is that they are cooperative agencies.
She plans to attend William Mitchell law school and she would like to practice law in the area
of international business and doing business with Russia and the former eastern block
countries. She does plan to continue to reside in the City of Mound after she graduates.
When asked about her thoughts of the Lost Lake property, she did not feel she could give
an educated answer.
If money or resources were no object, she would like to see the wetland areas and
undeveloped areas retained as natural habitats.
Plann/ng Cornrn/ssion M/nutes February 14, 1994
In ,50 years, she would like to see Mound continue as a small town, and does not see a need
to compete with the larger suburbs. She would like Mound to become sensitive on issues
relating to the quality of the lake.
Potential obstacles that she sees in developing the downtown area would be people's
perception of growth in the downtown as she believes most people do not shop in their
home town.
She chose to apply for a position on the Mound Planning Commission versus another
volunteer organization because she feels she is an uneducated politician and since she lives
in Mound this would be an immediate contact with her life so she would like to become more
knowledgeable on the issues relating to Mound. She wants to be involved in issues that
could change the City. Her definition of politics is communication with people who make
policies and with those who the policies affect.
She believes people need to be involved in their community, become aware of issues in their
community and communicate these issues with friends and family. She believes Mound does
a good job of communicating with its residents.
She has no problem with the meeting dates and times.
Lisa would not attend a public execution.
B. LORRAINE PHERNETTON, 1935 SHOREWOOD LANE
Lorraine has lived in Mound for 6 years, before that she lived in Chicago, Florida, Wisconsin,
and Minneapolis. Her interpretation of the role of the Planning Commission is that they
approve of permits and variances and try to keep things in control in regards to community
and individual needs.
She feels her real estate experience relates to the Planning Commission in that you deal with
easements and permits and she feels the two are very complimentary to each other.
She believes that some people feel alienated by the City when they come before the Planning
Commission and Council and she would like to see some type of rapport developed.
Her experience in working with other committees includes being the chair of committees at
work where they were changing processes and things of that nature.
Her opinion on the downtown business district is that it needs help.
If money or resources were not an issue, she would like to improve the business community
and develop some type of recreation for the youth, such as developing a trail system or a
skate board park.
Planning Commission Minutes
February 14, 1994
In 50 years she would like to see Mound more like excelsior with community docking, a
restaurant and a movie theater, but still keep the small town atmosphere.
Improvements she would like to see in the community is less exterior storage of boats, cars,
etc.
Obstacles that she see for the revitalization of downtown Mound is that the citizens do not
patronize the businesses in Mound.
She chose to apply for the Planning Commission versus another volunteer organization
because she is in real estate and she is interested in learning about building restrictions, and
the meeting times fit in well with her schedule,
To help communication between the Planning Commission and the citizens she suggested
the Planning Commission talk with neighbors of properties where a variance has been applied
for. She feels the Planning Commission could do more to communicate with the citizens.
She would not attend a public execution unless it was required.
CASE #93-058: JAMES & CATHERINE VEIT, 2563 LOST LAKE ROAD, LOT 18, BLOCK
1, LOST LAKE, PID #24-1117-24 22 0032. EASEMENT VACATION.
The Building Official explained that the applicants originally came to the Planning Commission
with a request to vacate the full portion of the easement, now it has changed to involve the
northerly 45 feet of the lot as shown on the revised description. In addition, a great deal
more information has been supplied on the survey to help the City Engineer with his review.
City Engineer, John Cameron, distributed a memorandum to the Commission which clarifies
that his memo to Jon Sutherland dated 2-8-94 is not a "recommendation," and that he was
only making a statement of fact.
He also referred to a copy of State Statute 412.851 relating to "Vacation of Streets" which
he received from Curt Pearson, City Attorney. Cameron referred to a highlighted portion of
the statute, which states, "No such vacation shall be made unless it appears in the interest
of the public to do so after a hearing preceded by two weeks published and posted notice."
Cameron reviewed the revised survey dated 1-21-94 on the overhead and indicated the area
of the existing detention pond. The size of the current pond would not meet current
requirements if this subdivision were proposed today. He then indicated the extra area
needed to expand the pond which is double the size of the current pond in order to meet
today's requirements. In order to get the pond size needed, the pond would have to extend
into the City property to the west. Due to the existing contour line, and the lack of easement
area, the pond could not be extended to the north. The paved walkway to the south, which
has a 10 foot wide easement, obstructs extension to the south. Therefore, the practical
extension of the pond would be to the west.
Planning Commission M/nutes February 14, 1994
Cameron also reviewed the need to retain perimeter easements for drainage and utility as
existing on the balance of the lot.
Weiland questioned if the walkway could be raised with a bridge or culvert. Clapsaddle
questioned how much area would be gained if the walkway was raised. Cameron noted that
it could possibly account for half of the extra area needed.
Cameron does not know why this area became an easement versus an outlot as originally
proposed in the plat application.
Staff noted that the walkway cannot be moved without first obtaining a new easement.
Cameron explained that the natural outlet of the pond would be to the north west corner of
the extended pond as shown on the overhead, having the outlet in this location allows more
area for sedimentation. Sedimentation is one of the reasons why the ponding size
requirements have increased.
Mueller confirmed with John Cameron that he believes the natural progression of the holding
pond is to the west, onto City property.
Catherine Veit, applicant, stated that she believes they have proven the fact that the portion
of the easement to be vacated is not needed f~)r drainage, as required by State Statute
505.02, which states, "The purpose of any easement shown on the plat must be clearly
stated, and shall be confined to only those that deal with public utilities, and such drainage
easements as deemed necessary for the orderly development of the land encompassed within
the plat."
Cameron noted that State Statute 505.02 talks about diverting water from other areas into
this pond, and when he did his calculations to determine the required size of the holding
pond, he basically only considered the drainage area within the Lost Lake Subdivision with
the exception of one small piece of land to the east of the Subdivision.
It is the Veit's opinion that a bridge could not be constructed where the walkway is, because
that would be considered a structure.
Ms. Veit believes it is in the public's best interest to vacate the easement, because if it is not
vacated there will be a very tall retaining wall which will not look very nice.
Cameron clarified that the portion of the easement requested to be vacated is up to the south
line of the walkway easement. He suggested that a 5 foot wide easement be retained to the
south of the walkway easement to allow for drainage and a separation between the driveway
and walkway.
Hanus suggested that the house be shifted towards the rear. Ms. Veit stated that this
cannot be done due to soil conditions and the line up of the other houses.
4
Planning Commission Minutes
February 14, I994
Mueller expressed, in his opinion, due to the natural extension of the pond being to the west,
and by allowing the construction of this house with the extra tuckunder garage, it is good
for the public because this would reduce exterior storage and maintain the integrity of the
neighborhood.
The Building Official questioned the setback to the northwest property line which is shown
at 12.44 feet, his concern was that this may be considered a rear yard and the required
setback would then be 15 feet. The Building Official will verify this setback requirement with
the City Planner.
MOTION made by Hanus, seconded by Mueller to recommend approval of the
easement vacation with the finding of fact that sufficient information has been
provided to prove that the City is not going to be needing this portion of the
easement for drainage in the future, and it is in the public's interest as it is not
e detriment to the public not to have this easement. Approval is contingent
upon the amendment of the description for the easement to be vacated, as
follows:
"That part of the drainage easement dedicated to the public in Lot 18, Block 1,
LOST LAKE, which lies southerly of the northerly 4re~OO 50.00 feet of said Lot
18, ;n(I tO also include a 10 foot drainaqe and utility_ easement at the remaininQ
_perimeter lines, not including ~;he line abutting the walkway.
ross believes it is in the City's best interest to retain the easement for future use.
Clapsaddle feels this is a false problem as this site does not dictate the proposed house
configuration, however, he will probably vote in favor of the motion because he does not feel
it is a detriment to the City to vacate the easement.
Weiland agreed with Voss, and believes that State Statute 412.851 applies as it is not in the
interest of the public to vacate the easement.
Mueller stated, in his opinion, State Statute 412.851 does not apply to the vacation of
"easements." The title of this section is "Vacation of Streets." This is private property with
an easement on it. Mueller also stressed that the City Engineer stated that this easement
area is not necessary. The City Engineer clarified that he stated, it does not "appear" that
it is necessary, and it is not a logical extension of the pond due to existing conditions.
5
Planning Comm/ssion Minutes February 14, 1994
Hanus moved to amend his motion to read as follows:
MOTION made by Hanus, seconded by Mueller to recommend approval of the
easement vacation with the finding of fact that sufficient information has been
provided to prove that the City is not going to be needing this portion of the
easement for drainage in the future,,..,,--'~ it .., ~ ....... :_ o,.A p[:b:';c'c,...,,~.,,o,: ....... ° ° ,.~ .t:..,: .... ..,,,
& .,Ao.:___o ... or. .... *":- --° °- ""'"' °~': .... --- -° and that State Statute
412.851 entitled 'Vacation of Street~' i~ not relevant to this case. Approval is
contingent upon the amendment of the description for the easement to be
vacated, as follows:
"That part of the drainage easement dedicated to the public in Lot 18, Block 1,
LOST LAKE, which lies southerly of the northerly zi~00 50.00 feet of said Lot
18, and tO als0 include a 10 foot drainage and utility easement at the remaining
perimeter lines, not includin_~ the line abutting the walkway.
Jensen commented that she does not believe the City Attorney would not have brought the
Statute to the attention of the Planning Commission if he did not think it applied. She will
not support the motion because the house was not designed to fit the lot. She also sees that
approval of this application could set a precedence for others to request a vacation just to
fit their needs.
The motion failed 3 to 5. Those in favor of the motion were: Hanus, Mueller
and Clapsaddle. Those opposed were: Johnson, Weiland, Michael, Voss, and
Jensen.
This recommendation will be reviewed by the City Council on February 22, 1994.
Mueller asked that it be known that it is his opinion that in no way does he feel this
easement area is public grounds, a public way, or park thereof, and according to the Statute,
which states,... "the owners of land abutting on the street, alley, public grounds" may ask
to vacate these properties, therefore, State Statute 412.8§ 1 "Vacation of Streets" does not
apply to the vacation of an easement on private property.
CASE #94-07: DENNIS & MARY BRENNY. 4909 THREE POINTS BLVD., LOT 3. BLOCK
4, SHADYWOOD POINT, PID #13-117-24 11 0008. VARIANCE FOR DECK.
Building Official, Jon Sutherland, distributed photographs of the subject property, and
reviewed the applicant's request for an after-the-fact building permit for the lake side deck,
storage area under deck, and screened porch area as shown on the attached survey and
photographs. This request results in the following variances to the required setbacks and
hardcover:
6
Planning Commission Minutes
February 14, 1994
J EXISTING J REQUIRED J VARIANCE
FRONT 23.9 20 NONE
SIDE, NORTH 5.4 6 0.6
SIDE, SOUTH 5.5 S 0.5
LAKE SIDE (TO DECK) 40 50 10
HARDCOVER 2379 (37.5%) 1905 (30%) 474 (7.5%)
The new deck is actually a replacement of the old deck that was deteriorated. In order to
provide for a more functional deck (to allow for a table and chairs) the deck was slightly
increased in size with the cantilever of the joists on one end. On the other end the deck was
reduced in size to only provide for a walkway.
Staff recommended the Planning Commission recommend approval of the request due to the
facts that there was an existing deck, the additional encroachment of the cantilever is minor
and offset by the reduction of the deck on the north end.
Mueller confirmed that the old deck was 8' and the new deck, at the cantilevered portion,
extends 11' tO 12'.
Mueller expressed a concern about this application being after-the-fact, and he feels that
exceptions should not be made. He compared this request to other similar variance requests
which received negative responses from the Commission. He stressed that the Commission
should be consistent in their review.
The applicant's confirmed that the storage area under the deck is not attached to the house,
it was set on top of the existing cement patio, and there is not a door from the storage area
into the house.
The Building Official confirmed that the storage shed under the deck is required to meet the
same setbacks as the principal structure.
Mueller is concerned that a precedent will be set, and people will think they can build a
nonconforming deck without first getting approval of the City, but that the City will grant a
variance if it is an after-the-fact application.
MOTION made by Voss, seconded by Clapsaddle to recommend approval of the
variance as recommended by staff.
Jensen explained that when she reviews after-the-fact applications, she looks at them as if
they were new requests, and in this case, the existing deck is already too close to the
ordinary high water, and since any deck there would require some type of variance, she
would then consider the best way to allow some form of deck that does seem to be
appropriate in this area without over doing it.
7
Plann/ng Cornrn/ss/on M/nutes February 14, 1994
It was noted that when the house was built in 1980 the house was placed 50 feet from the
ordinary high water elevation and an 8 foot deck was permitted at that time.
MOTION carried 6 to 2. Those in favor were: Michael, Clapsaddle, Johnson,
Weiland, Jensen, and Voss. Mueller and Hanus opposed.
Mueller stated his reason for opposing the motion is that he feels this sets a precedence so
you can build closer to the lake if you first build without a building permit.
Hanus stated,, ignoring the reality that this is an after-the-fact application, that he is not in
favor of allowing the extra cantilevered portion of the deck.
This recommendation will be reviewed by the City Council on February 22, 1994.
MISCELLANEOUS
Chair Michael announced that he would like the subject of "How to Handle Rules of
Speaking" placed on the next Planning Commission agenda (i.e. should Chair Michael start
at one end and go down the line with a couple questions each?). Michael feels there are too
many interruptions, and hopefully the Commission can eliminate some of these.
VOTE ON PLANNING COMMISSION APPLICANT
The ballots were tallied by the Secretary, the results are as follows:
Lisa Ann Bird
Lorraine Phernetton
1,1,2,1,2,1,1,2= 11
2,2,1,2,1,2,2,1 = 13
The applicant with the least amount of total points is the Commission's choice for
recommendation, therefore, the Planning Commission recommends to the City Council that
Lisa Ann Bird be appointed to the Commission to replace Bill Meyer, with a term ending
12/96.
CITY COUNCIL REPRESENTATIVE'S REPORT
Liz Jensen reported on the City Council Meetings of January 11, January 25, and February
8, 1994.
TRUTH IN HOUSING UPDATE
Mueller updated the Commission on the updating of the Truth in Housing Ordinance, and
explained that the forms are being updated and hopefully the proposed ordinance can be
forwarded to the City Council by May 1994.
Plann/ng Cornrn/ss/on M/nutes
February 14, 1994
PARTY
A recognition party has been planned for Bill Meyer, and the date of March 19, 1994 has
been chosen. More information will follow.
MOTION made by Weiland, seconded by Clapsaddle, to adjourn the meeting at
10:33 p.m. Motion carried unanimously.
Chair, Geoff Michael
Attest:
9
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PUBUC HEARINGS:
· Feb. 8th - City Council - To consider the Issuance of a CUP to allow a commercial
parking lot in the B-1 Central Business District at 5533 Shoreline Drive.
**Feb. 22nd - City Council - Continuation of a Public Hearing to consider the
vacation of a drainage easement located at 2563 Lost Lake Road.