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1994-11-09 MISSION STA'~EMENT: The City of Mound th :ooperation'providesata ~% _, . , roug!] the: eds of all citizens f0st r....,oonable cost, q.uahty services that i ,~ ermg a safe, attractwe and flourishing AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING WEDNESDAY, NOVEMBER 9, 1994, 7:30 P.M. CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE. CANVASS OF NOVEMBER 8, 1994, MUNICIPAL ELECTION. (TO BE HANDED OUT WEDNESDAY EVENING.) APPROVE THE MINUTES OF THE OCTOBER 25, 1994, REGULAR MEETING. PG. 4120-4126 PUBLIC HEARING: CASE//94-70: REQUEST FOR CONDITIONAL USE PERMIT FOR CLASS IV RESTAURANT, NON-INTOXICATiNG LIQUOR SERVICE RESTAURANT FOR HAPPy GARDEN RESTAURANT, SANG CAM KY, 2212 COMMERCE BLVD., LOT 4, BLOCK 1, COMMERCE PLACE, PID//13-117-24 33 0081. PG. 4127-4150 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. APPROVAL OF PAYMENT REQUEST NO. 4, 1994 LIFT STATION IMPROVEMENT PROJECT, RICE LAKE CONTRACTING _ $132,901.20. PAYMENT OF BILLS. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Report for October 1994. LMCD Representative's Monthly Report for October 1994. C. LMCD mailings. PG. 4151-4152 PG. 4153-4161 PG. 4162-4190 PG. 4191 PG. 4192-4197 4118 Eo Ho Planning Commission Minutes of October 14, 1994. Letter from Triax Cablevision regarding a new line item that will be appearing on subscriber cable bills beginning in December 1994. Central Business District (CBD) parking information requested by Councilmember Liz Jensen at the last meeting. Information from the League of Minnesota Cities requesting assistance as greeters and badge checkers at the NLC Conference later this month. If interested, let Fran know. Proposed 1995 City Policies from the League of Minnesota Cities for consideration at annual policy adoption conference. Notice of public hearing considering increasing the Solid Waste Management Fee to 20% of charges for the collection and disposal services of Mixed Municipal Solid Waste (MMSW) billed and collected from "Residential Generators" and "Nonresidential Generators", effective February 1, 1995. Hearing will be held Thursday, November I0, 1994, at 11:00 A.M. in the Hennepin County Board Room. REMINDERS: PG. 4198-4200 PG. 4201 PG. 4202-4207 PG. 4208-4209 PG. 4210-4240 PG. 4241 Tree Lighting Ceremony, Tuesday, November 15, 1994, 6:30 P.M. COW Meeting - Tuesday, November 15, 1994, 7:30 P.M. Budget Hearing - Tuesday, November 29, 1994, 7:30 P.M. NLC Conference, December 1-4, 1994, Minneapolis Convention Center. Continued Budget Hearing (if necessary), Tuesday, December 6, 1994, 7:30 P.M. Annual Christmas Party, Friday, December 9, 1994, American Legion. Veteran's Day Holiday, Friday, November 11, 1994, City Offices closed. Thanksgiving Holiday, Thursday and Friday, November 24 & 25, 1994, City Offices closed. 4119 Mound City Council October 25, 1994 MINUTES - MOUND CITY COUNCIL - OCTOBER 25, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 25, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson, Building Official Jon Sutherland, and the following interested citizens: Pat Osmonson, Gunnar Oas and Kevin Norby. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Smith, seconded by Jensen to approve the Minutes of the October 11, 1994 Regular Meeting, and the October 18, 1994, Cominittee of the Whole Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 SPECIAL ASSESSMENT PUBLIC HEARINGS: CBD ASSESSMENT; UNPAID MOWING CHARGE; AND DELINQUENT UTILITY BILLS The Mayor opened the public hearings. There was no one present to comment. The Mayor closed the public hearings. Smith moved and Jessen seconded the following resolution: RESOLUTION//94-139 RESOLUTION ADOPTING THE 1994 CBD PARKING MAINTENANCE ASSESSMENT ROLL IN THE AMOUNT OF $11,384.94 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST - LEVY #13228 The vote was unanimously in favor. Motion carried. 1.2 Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-140 RESOLUTION ADOPTING DELINQUENT WATER & SEWER ASSESSMENT ROLL IN THE AMOUNT OF $39,526.47 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST - LEVY #13229 Mound City Council October 25, 1994 The vote was unanimously in favor. Motion carried. 1.3 Smith moved and Jensen seconded the following resolution: RESOLUTION//94-141 RESOLUTION ADOPTING UNPAID MOWING ASSESSMENT ROLL IN THE AMOUNT OF $65.00 TO BE CERTIFIED TO THE COI. rNTY AUDITOR AT 8% INTEREST - LEVY//13230 The vote was unanimously in favor. Motion carried. 1.4 CASE //94-71: PATRICIA OSMONSON, 4784 WILSHIRE BLVD. & 2745 TYRONE LANE, LOTS 10-16, BLOCK 28, SETON, PID//191-117-23 23 0101 & 0102, REQUEST: MINOR SUBDIVISION. The Building Official explained that the applicant is seeking approval of a minor subdivision to correct an existing lot configuration problem. In 1972 the subject division was proposed by an attorney who sold the property to Ms. Osmonson. The attorney sent the division to the County, and the County sent the division to the City for approval. The City apparently never responded to the request. The County sent a title to Ms. Osmonson who assumed the matter was settled. She is now selling the property and found out that the division was never recorded. Staff feels approval of this subdivision is the only reasonable way to resolve the problem. The Council discussed the proposal and asked that another Whereas be added to the proposed resolution to explain the above problem. The City Attorney suggested the following language: "WHEREAS, the proposed parcels were created by recorded deeds in 1972, but the subdivision was not approved by the City at that time; and". There is also a problem with the address of the Tyrone property that will need to be taken care of prior to release of the resolution. This will be done administratively. A new survey needs to be submitted prior to release of the resolution so that variances in hardcover can be included in the resolution. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-142 RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR 4784 WILSHIRE BLVD. AND 2745 TYRONE LANE, LOTS 10-16, BLOCK 28, SETON, PID //19-117-23 0101 & 0102, P & Z CASE 2 Mound City Council October 25, 1994 //94-71 The vote was unanimously in favor. Motion carried. 1.5 REQUEST FOR MINOR REVISION TO FINAL PLAT FOR PELICAN POINT, BOYER DEVELOPMENT CORP., RE: RIGHT-OF-WAY. The Building Official explained that upon field staking at Pelican Point, the developer determined that several significant trees can be saved with slight alterations to the street alignment. The Developer is requesting modifications to the final plat at this time. No lots are impacted by these alterations. The entry drive off of Tuxedo Blvd. will shift approximately 8 feet to the south and the intersection of Pelican Point Circle and Pelican Point Court would be shifted roughly 20 feet northwest. The City Engineer and the City Planner have reviewed the proposed alterations and recommend approval. Jessen moved and Ahrens seconded the following resolution: RESOLUTION//94-143 RESOLUTION MODIFYING THE FINAL PLAT OF PELICAN POINT RESIDENTIAL DEVELOPMENT The vote was unanimously in favor. Motion carried. 1.6 REQUEST FOR PUBLIC GATHERING PERMIT, N.W. TONKA LIONS AT MOUND BAY PARK - SI.ED DOG RACE (WINTERFEST), JANUARY 13, 14 & 15, 1995. The City Manager explained that normally this would not come before the Council but the expected attendance is 5,000 which is unusually high. The Mayor explained what was proposed for last year in Spring Park before the event was cancelled because of unusually warm weather. The Council asked that the N.W. Tonka Lions work with City Staff on parking issues and clean- up of Mound Bay Park. MOTION made by Smith, seconded by Jensen to approve the Public Gathering Permit for the N.W. Tonka Lions for Mound Bay Park for January 13, 14 & 15, 1995, to hold Winterfest. The N.W. Tonka Lions work with City Staff on parking issues and clean-up of Mound Bay Park. The vote was unanimously in favor. Motion carried. 1.7 APPROVAL OF PAYMENT REQUEST NO. 4, SCHLUMBERGER INDUSTRIES IN THE AMOUNT OF $106,378.15. 3 Mound City Council October 25, 1994 The City Manager explained that the City Engineer recommends approval of this Payment Request//4. MOTION made by Smith, seconded by Jessen to approve Payment Request//4 from Schlumberger Industries, in the amount of $106,378.15, for the Water Meter Read System. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT, There were none. 1.8 DISCUSSION: I~SAH 110 (COMMERCE BLVD.,) AND THREE POINTS BLVD. TRAFIqC SIGNAL WARRANTS. The City Manager explained that Hennepin County has concluded that the intersection of Commerce Blvd. & Three Points Blvd. does meet their criteria for the installation of a traffic signal. The estimated cost of this would be $80,000, with the County paying 25%. The installation would be sometime in 1996 so the City can budget part for next year and part for the following year. The Council asked the City Manager to check into Minnetrista paying part because across from Three Points Blvd. is Minnetrista. The City Attorney suggested that the second to the last Whereas be changed to read as follows: "WHEREAS, it is the City of Mound's understanding that Hennepin County would pay 25% of the project at an estimated cost of $80,000; and". Smith moved and Johnson seconded the following resolution: RESOLUTION//94-144 RESOLUTION REQUESTING HENNEPIN COUNTY TO INSTALL A TRAFFIC SIGNAL AT COUNTY ROAD 110 (COMMERCE BLVD.) AND THREE POINTS BLVD. IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. 1.9 BID AWARD: CBD SNOWPLOWING BIDS - 1994-95. The City Manager explained that one bid was received from Widmer, Inc. The prices are comparable to last year. Jensen moved and Jessen seconded the following resolution: RESOLUTION//94-145 RESOLUTION TO AWARD THE BID FOR THE CBD 4 Motmd City Cotm¢il October 25, 1994 SNOWPLOWING TO WIDMER, INC. The vote was unanimously in favor. Motion carried. 1.10 BID AWARD: RECYCLING CONTRACT 1995-1997. The City Manager reported that the Lake Minnetonka Recycling Group (LMRG) (consisting of the Cities of Mound, Wayzata, Shorewood, Excelsior, Spring Park and Minnetonka Beach) received 4 proposals for recycling services on October 11, 1994. They were as follows: BFI Randy's Sanitation Waste Management E-Z Recycling $2.70 per household $2.85 per household $2.00 per household $1.85 per household These bids are for 3 years. E-Z Recycling has the contract for the Cities of Long Lake, Maple Plain, Medina, Greenfield, Independence and Orono. E-Z Recycling does recycling only and no garbage pickup. Currently the City of Mound is paying Knutson Recycling $1.90 per household. There have been a number of problems with Knutson Recycling i.e. truck breakdowns, inconsistent curbside pickup, pickup in garbage trucks, etc. The Recycling Coordinator and the LMRG are recommending a three year contract (1995, 1996 & 1997) with E-Z Recycling at $1.85 per household. Ahrens moved and Jensen seconded the following resolution: RF~OLUTION//94-146 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A 3 YEAR CONTRACT WITH E-Z RECYCLING FOR WEEKLY CURBSIDE RECYCLING IN THE CITY OF MOUND FOR THE YEARS 1995, 1996, AND 1997 The vote was unanimously in favor. Motion carried. 1.11 CANCELLATION OF DECEMBER 27, 1994, CITY COUNCIL MEETING. MOTION made by Jessen, seconded by Jensen to cancel the Regular City Council Meeting of December 27, 1994. The vote was unanimously in favor. Motion carried. Mound City Council October 25, 1994 1.12 PAYMENT OF BILLS MOTION made by Jeusen, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $398,360.72, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.13 ADD ON: APPLICATION FOR RECYCLING GRANT Jensen moved and Ahrens seconded the following resolution: RESOLUTION//94-147 RESOLUTION APPROVING THE SUBMITTAL OF GRANT THE 1995 MUNICIPAL RECYCLING APPLICATION FOR HENNEPIN COUNTY The vote was unanimously in favor. Motion carried. INFORMATION/MIS CELLANEOUS: A. Financial Report for September 1994 as prepared by Gino Businaro, Finance Director. Be C. D. E. Fo LMCD mailings. Park & Open Space Commission Minutes of October 10, 1994. Planning Commission Minutes of September 10, 1994. Letter from St. Olaf's Catholic Church, Minneapolis, RE: special meeting to discuss the growing disparity between the cities and the suburbs. Meeting is November 3, 1994, 7:00 - 9:30 P.M. at St. Olaf's. Changes to proposed 1995 Legislative Policies and Priorities - AMM. REMINDERS: - Tree Lighting Ceremony, Tuesday, November 15, 1994, 6:30 P.M. AMM Annual Policy Adoption Meeting, Thursday, November 3, 1994, Royal Cliff Conference Center, Eagan, 5:30 -9:00 P.M. 6 RESOLUTION NO. 94- RESOLUTION CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION AS PRESENTED AT THE CANVASS OF VOTE OF THE NOVEMBER 8, 1994, GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the City Council does hereby certify the results of the Municipal Election as presented on the Canvass of Votes for the November 8, 1994, General Election as follows: MAYOR Pct. Pct. Pct. Pct. Pct. Pct. I 2 3 4 5 6 TOTAL Skip Johnson 206 129 405 319 338 229 1,626 Bob Polston 258 201 680 389 425 337 2,290 COUNCILMEMBER Gerald D. Babb 166 120 353 193 257 255 1,344 Bob Brown 186 110 362 225 228 188 1,299 Mark Hanus 188 143 540 352 374 224 1.821 Liz Jensen 229 186 542 357 407 295 2,016 The Canvassing Board hereby certifies that election to a two year Mayoral term is Bob Polston and to four year Council terms are: Liz Jensen and Mark Hanus. Mound City Council October 25, 1994 - City Council Meeting - Rescheduled from November 8 to November 9 due to General Election. - Veteran's Day Holiday, Friday, November 11, 1994, City Offices closed. - COW Meeting - Tuesday, November 15, 1994, 7:30 P.M. - LMC Policy Adoption Meeting, Friday, November 18, 1994, Best Western N.W. Inn, Brooklyn Park - 8:30 A.M. - 3:00 P.M. - Budget Heating - Tuesday, November 29, 1994, 7:30 P.M. NLC Conference, December 1-4, 1994, Minneapolis Convention Center. Continued Budget Hearing (if necessary), Tuesday, December 6, 1994, 7:30 P.M. Annual Christmas Party, Friday, December 9, 1994, American Legion. Economic Development Commission Minutes of September 15, 1994. MOTION made by Jessen, seconded by Ahrens to adjourn at 9:05 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk 7 PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A CLASS IV RESTAURANT IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT FOR "HAPPY GARDEN RESTAURANT" AT 2212 COMMERCE BLVD. LOT 4, BLOCK 1, COMMERCE PLACE, PID #13-117-24 33 0081 P&Z CASE #94-70 WHEREAS, Sang Cam Ky, owner of Happy Garden Restaurant, and Mary Moline, Representative for the JRW Properties, Inc., have applied for a Conditional Use Permit to allow the operation of a Class IV Restaurant at 2212 Commerce Blvd., and; WHEREAS, the Mound Zoning Ordinance defines a Class IV Restaurant as, "Restaurants where food, non-intoxicating liquors (i.e. 3.2 beer) and set-ups are served and consumed by customers while seated at a counter or table," and; WHEREAS, the subject property is located in the B-1 Central Business Zoning District which allows Class IV Restaurants by Conditional Use Permit, and; WHEREAS, without liquor service, the restaurant would be a permitted use, however, the restaurant requires a conditional use permit because they propose to serve "non-intoxicating liquor" which includes 3.2 beer, and; WHEREAS, when the Commerce Place shopping center was established in 1985, Resolution #85-126 was approved by the City Council granting a parking variance if 58 stalls, and a variance in parking lot sizes, and; WHEREAS, parking is not an issue because the parking requirements for this type of restaurant is virtually equal to the parking requirements for retail space, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the conditions as recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City Council does hereby approve a Conditional Use Permit for the Happy Garden Restaurant to operate a Class IV - Non-intoxicating Liquor Service Restaurant at 2212 Commerce Blvd. in Commerce Place, contingent upon the following conditions: Ao Happy Garden Restaurant shall comply with all applicable building, health and fire code requirements. Proposed Resolution Happy Garden CUP Page 2 November B, 15B4 ,, Garbage and waste from the restaurant shall be handled and disposed of in conformance with applicable ordinance requirements. The granting of this conditional use permit allows operation of the restaurant only, liquor service shall be in conformance with the licensing requirements of the City of Mound. This Conditional Use Permit is granted for the following legally described property: Lot 4, Block 1, Commerce Place, PID #13-117-23 33 0081. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEA RING NO TICE CITY OF MOUND MOUND, MINNESOTA CA SE NO. 94- 70 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A CLASS IV RESTAURANT - NON-INTOXICATING LIQUOR SERVICE FOR HAPPY GARDEN AT 2212 COMMERCE BLVD. NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Wednesday, November 9, 1994 to consider a request by Happy Garden Restaurant to allow Non-intoxicating Liquor Service, which is defined by the Mound Zoning Ordinance as follows: "Restaurants (Class IV) - Non-lntoxicatinq Liquor Service Restaurants. Restaurants where food, non-intoxicating liquors (i.e. 3.2 beer) and set- ups are served and consumed by customers while seated at a counter or table." This proposed restaurant is to be located at 2212 Commerce Blvd., legally described as: Lot 4, Block 1, Commerce Place, PID #13-117-24 33 0081. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard. Francene C. Clark, City Clerk Mailed to property owners within 350' by October 24, 1994, and published in "The Laker" on October 24, 1994. 3700 DAIN BOSWORTH PLAZA 60 SOUTH SIXTH STREET MINNEAPOLIS, MN 55402 Telephone (612) 661-3700 FAX (612) 661-3715 OCT 2 6,199 October 25, 1994 Jon Sutherland City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Happy Garden Restaurant Parking At Commerce Place Dear Jon: We are very excited to be adding a tenant like Happy Garden to our center and want to do whatever we can to expedite their transition and occupancy. Knowing we have the support of the City of Mound makes working through the necessary approvals and paperwork feel a little more routine and a lot less worrisome and time consuming. For that, we thank you. I wanted to follow up on our brief discussion of the other day with a letter outlining our concerns and comments regarding the meeting on October 10 of the Mound Advisory Planning Commission on the matter of parking at Commerce Place. I have outlined our understanding of the parking issues and our thoughts below, and would appreciate you sharing them with the members of the Advisory Commission. Parking numbers and the configuration for Commerce Place were approved at the time of development, and we have made no changes to that plan without consulting with the City prior to implementing them. The only changes we've made involved using a few stalls at the rear of the property to enclose the dumpster (at the request of the City), and we had City approval for all of the details of that project. · We striped to add several stalls at the rear of the center to increase the numbers in the total lot, also with City approval. · We submitted a layout of that plan to the City and to the Fire Marshall to make sure we were not violating any fire lane requirements, and were granted approval. The Fire Marshall requested that we stripe and add signage along the west of the retail center, which we complied with as soon as weather permitted last spring. He specifically said that it was not necessary to stripe or add signage in the rear because the front would be maintained as the fire lane. c113o Jon Sutherland October 25, 1994 Page Two I have already spoken with a sign vendor and have ordered three (3) Happy Garden take-out short-term parking signs to be installed along the brick wall at the rear of the center. These are the easiest stalls to pull into and out for quick stops. If we have any recurring problem with parking, the first step will be to talk with all of the tenants to make sure that their staff is utilizing the outer-most parking stalls, freeing up the closer stalls to customers and patients. This should be common practice, but in some cases it clearly is not. · Happy Garden Restaurant will cater to the lunch crowd, many of which will walk there from all of the nearby shops, both in and around our center. · The majority of the evening traffic for the restaurant, which should be more substantial, will occur after the clinic has closed for the day, so parking will be absolutely no problem. I'd like to respectfully repeat that we have done everything we know of to comply with all known issues about the parking lot, and done so in a timely manner and with a spirit of cooperation. And, I also like to respectfully repeat that, in our opinion, this should be a non-issue since the City of Mound previously approved the parking configuration prior to development. We need to be able to rely on the City to remain constant in its findings so that we can approach our leasing and tenancy from a joint position of cooperation and good faith. Enclosed is a site map showing the location of the planned short-term parking stalls for the restaurant, the locations of the fire lane signage and striping, and the dumpster enclosure. I will await your response. Sincerely, JRW Properties, Inc. for Commerce Place Mar Moline~'~ .... ~ c: John Bierbaum COMMERCE BLVD. (COUNTY STFITE mid HWY. NO. ll0) i, MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION OCTOBER 24, 1994 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Bill Voss, Jerry Clapsaddle, Mark Hanus, and Lisa Crum; City Council Representative Liz Jensen; Building Official Jon Sutherland; and Secretary Peggy James. Commissioner Ed Surko was absent and excused. MINUTES The Planning Commission Minutes of October 10, 1994 were presented for approval. Lisa Crum noted that she was quoted as "Bird" three times within the minutes, and asked that her name be corrected. MOTION made by Hanus, seconded by Weiland to approve the Planning Commission Minutes of October 10, 1994 as amended. Motion carried unanimously. CASE #94-70: HAPPY GARDEN RESTAURANT, SANG CAM KY, 2212 COMMERCE BLVD., LOT 4, BLOCK 1, COMMERCE PLACE, PID 313-117-2433 0081. CONDITIONAL USE PERMIT FOR CLASS IV RESTAURANT,NON-INTOXICATING LIQUOR SERVICE RESTAURANT. CONTINUED PUBLIC HEARING. Building Official, Jon Sutherland, reviewed the Planning Report. At the last Planning Commission meeting, the conditional use permit for Happy Garden was tabled pending assembly of the parking history for the shopping center. When Commerce Place was proposed for development in 1985, a parking variance was approved by the City Council. Resolution #85-1 26 approved a variance of 58 stalls, and a variance in parking lot sizes. There is virtually no difference between the restaurant's parking requirement and a retail parking requirement for comparably sized space. For a 2,000 sq. ft. retail use, 13 parking spaces are required; restaurants require 1 parking space per 3 seats resulting in 14 required spaces for a seating capacity of 42. The restaurant itself is a permitted use under the zoning code and its parking demand is virtually identical to the retail uses included in consideration of the overall parking variance that was granted by the City. If the City has concerns about parking at Commerce Place, they should be addressed as a separate action from the Happy Garden conditional use permit request. Two courses of action could be pursued: first, it should be determined if the church parking lot north of Commerce Place is being used for off-site employee parking, and second, Mound could work with JRW Properties to establish 2 or 3 short term parking spaces near the rear entrance of the center adjacent to the Happy Garden Restaurant for customers picking up take-out orders. Planning Commission Minutes October 24, 1994 Approval of the conditional use permit for the Happy Garden Restaurant is recommended, contingent on the following conditions: Happy Garden Restaurant shall comply with all applicable building, health and fire code requirements. o Garbage and waste from the restaurant shall be handled and disposed of in conformance with applicable ordinance requirements. The granting of this conditional use permit allows operation of the restaurant only, liquor service shall be in conformance with the licensing requirements of the City of Mound. The applicant's were not present, and no other people were present to speak on the issue. Chair Michael opened the issue for discussion. Hanus clarified that this proposed restaurant requires virtually the same number of parking spaces as a retail use would in the same space. He questioned if Commerce Place was a member of the Central Business District (CBD) Parking Program when this development was approved. Mueller commented that there is a parking problem at Commerce Place, however, the information supplied in the most recent Planning Report satisfies his concerns about Happy Garden creating an additional burden to the parking situation because the parking requirements are basically equal to that of retail space. Mueller would, however, like a response from the City Attorney regarding the statement in Resolution #85-126: "The applicant shall be required to enter into negotiations with other land owners to provide employee parking outside the boundaries of the Town Square parcel." Mueller questioned, how does the City deal with this? how does the City know if the church parking lot is being utilized? and, how can we require JRW Properties to deal with the parking situation now? It was noted that the statement in Resolution #85-126 refers to the control of "employee" parking only. Weiland informed the commission that he conducted his own personal survey which indicated that the cars parked at the rear of the building are indeed employee vehicles, and that no vehicles were parked in the church lot. Sutherland commented that several site inspections were made to observe existing conditions, and that there appeared to be adequate parking spaces available. 2 Planning Comrm's$ion Minutes October 24, 1994 MOTION made by Voss, seconded by Crum to recommend approval of the Conditional Use Permit for a Class IV Restaurant for Happy Garden, as recommended by staff. Motion carried unanimously. Jensen requested that the resolution reflect a "Whereas" indicating that parking is not an issue because the parking requirements for this type of restaurant is virtually equal to the parking requirements for retail space. Crum noted that she would have appreciated the applicant's attendance at the meetings. The Commission further discussed how the City can request compliance to the statement in Resolution #85-126. Jensen indicated that she can raise the issue to the City Council. Mueller clarified that the Commission would like to know if negotiations have been attempted, and if so, what was the result, and how can this be dealt with. CITY COUNCIL REPRESENTATIVE'S REPORT City Council Representative Liz Jensen reviewed the City Council Minutes of October 11, 1994, and the agenda for the October 25, 1994 meeting. Relating to the recent amendments to the Zoning Ordinance, the Commission requested the Secretary to supply them with updated pages for their Zoning Ordinance books. MOTION made by Weiland, seconded by Voss, to adjourn the meeting at 8:17 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 3 61~-8~5-~160 HO ! S I NGTON KOEGLER 8?0 P02 ~ i,l OCT 20 Hoisington Koe~ler Group Inc. MEMO~UM TO: FROM: DATE: SUBJECT: Mound Planning Commission and Staff Mark Koegler, City Planner October 20, I994 Commerce Place Parking At the last Planning Commission meeting, the conditional use permit for the Happy Oarden Restaurant was tabled pending assembly of the history of approvals of parking for the shopping center. When Commerce Place was proposed for developmem in 1985, the plans called for 23,900 square feet of retail uses, a 10,250 square foot bank and a 16,700 square foot clinic. Application of the parking criteria in the Zoning Code (same standard used today) required a total of 240 parking spaces. The site plan contained 182 spaces. As a result, the Planning Commission and City Council approved a parking variance of 58 stalls (Resolution #g5-126). Thc parking variance also allowed parking spaces measuring 9' x 18' in lieu of the 10' x 20' ordinance requirement. At the time of the variance approval, a number of measures were discussed to ease parking congestion around the center. The church lot.north of Commerce Place was mentioned as a possible source of parking for employees of businesses in the retail center. The resolution did not, however, link off-sim parking to the variance approval that was granted. Thc space that is being occupied by Happy Garden (2,000 s. ft.) was shown on the original plan as a retail use. Retail uses under the code require 1 parking space per 150 square feet of floor area. For a 2,000 sq. ft. retail use, 13 parking spaces are required by ordinance. Restaurants require 1 par-king space per 3 seats. Plans for Happy Garden identify a total seating capacity of 42. Application of the parking ordinance standard to the restaurant results in a parking requirement of 14 spaces. Therefore, in accordance with the Mound Zoning Code, there is virtually no difference between the restaurant's parking requirement and a retail parking requirement for comparably sized space. Without liquor service, Happy Garden is a permitted use and could have established their business simply by meeting building, fire and health code restrictions. The restaurant itself is a permitted use under the zoning code and its parking demand is virtually identical to the retail uses included in consideration of the overall parking variance that was granted by the City. Land Use / l~nvironmenrd · Planning / De~ign Metro Boulevard 1 Suite 525 m Minneapolis, Minnmta 55439 * (612) 835-9960 . l:ax: (612) 835.3160 B12-835-3160 HOISINGTON KOEGLER 8?0 P03 OCT 20 '94 18:24 Commerce Place/Happy Garden Parking Memorandum October 20, 1994 Page 2 Therefore, further delay in the approval of the conditional use permit for the Happy Garden Restaurant because of parking concerns is inconsistent with past actions and approvals by both the Planning Commission and City Council. If the City has concerns about parking at Commerce Place, they should be addressed as a separate action from the Happy Garden conditional use permit request. Two courses of action could be pursued, both involving the shopping center owner, JRW Properties, rather than any individual tenant. First, it should be determined if the church parking lot north of Commerce Place is being used for off-site employee parking. Secondly, Mound could work with JRW Properties to establish 2 or 3 short term par'king spaces near the rear entrance of the center adjacent to the Happy Garden Restaurant for customers picking up take-out orders. Therefore, approval of the conditional use permit for the Happy Garden Restaurant is recommended contingent upon the three conditions that were identified in the original staff report dated October 5, 1994. 208 October 22, 1985' I~t~LOTIO~ ~D. 85- ~ 26 RESOLUTION TO APPROVE PARKING AND SETBACK. VARIANCES FOR THE TOWN SQUARE RETAIL CENTER PID #'s 13-117-24 32 0125/0129/0161; 13-117-24 33 0001/0027/0058/0059/0060/0061/ 0062-0063 WHEREAS, the City Council held a public hearing on February 12, 1985, which was continued to October 22, 1985, to consider the issuance of variances for Town Square which would permit the construction of a retail center; and W~EREAS, all persons wishing to be heard were heard; and W~EREAS, the variances involve a 15 foot variance to ~herequired 50 foot setback alon~ the eastern propertT.linewhere ~he Central Business (B-I) zone abuts property zoned Two-family Residential (R-3) and variances to the parkin~requirements including a 58 space variance from the required 240 stalls of parking and a v~riance to permit a parking stall size of 9 x 18 feet instead of the required 10 x 20 feet; and . WHERe, the planning Commission has reviewed the request 'and does recommend approval of the parking and setback ~riances i.n. order to afford the owner reasonable use of the property. NOW, THEREFORE, ~E IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby apDrove the setback and parking variances as aforementioned for the Town SQuare .retail center with the following condition~ The applicant shall be required to enter into negotiations with other land owners to' provide employee parking outside the boundaries of the Town Square parcel. The tEoregoing resolution was moved by Councilmember Paulsen and seconded by Councilmember Smith. The following Councilmembers voted in the affirmative: 3essen, Paulsen, Peterson, Polston.and Smith. The following Councilmembers voted in the'negative: none. Ma~;or .... Attest: City Clerk MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION OCTOBER 10, 1994 CASE #94-70: HAPPY GARDEN RESTAURANT, SANG CAM KY~ 2212 COMMERCE BLVD., LOT 4, BLOCK 1, COMMERCE PLACE, PID #13-117-2333 0081. CONDITIONAL USE PERMIT FOR CLASS IV RESTAURANT,NON-INTOXICATING LIQUOR SERVICE RESTAURANT. PUBLIC HEARING. The applicants were not present. Building Official, Jon Sutherland, reviewed the City Planner's report. Happy Garden Restaurant is moving to the space in Commerce Place previously occupied by Lovin Oven. The restaurant requires a conditional use permit because they propose to serve "non-intoxicating liquor" which includes wine and 3.2 beer. Building permits have been issued. The restaurant, without the wine and beer, is a permitted use in the B-1 zone. The City Planner's report addresses parking issues, and one of his suggestions is that the City and the JRW Properties, owner of the center, may want to examine the possibility of either establishing two or three parking spaces for short term parking near the restaurant. Sutherland explained that there is a pull-in area at the rear of the building, however, the Fire Department designated a fire lane surrounding the building and this may cause a conflict. This issue would need to be reviewed with the pertinent departments, at a staff level. Staff recommended that the Planning Commission recommend approval of the conditional use permit to allow the operation of the Happy Garden Restaurant as a Class IV restaurant in Commerce Place. The recommended approval is contingent on the following conditions: Happy Garden Restaurant shall comply with all applicable building, health and fire code requirements. 2. Garbage and waste from the restaurant shall be handled and disposed of in conformance with applicable ordinance requirements. The granting of this conditional use permit allows operation of the restaurant only, liquor service shall be in conformance with the licensing requirements of the City of Mound. Mueller expressed a concern about how the wastes from the restaurant will be disposed of. It was noted that the door at the back, off the kitchen area, leads to a hallway which leads to an exit door at the rear of the building where the dumpster area is located. Concern about the amount of waste was expressed. The Building Official stated that staff has worked with the building owner on this issue in the past, and if additional pick-ups are needed in order to maintain the dumpster area, then it will be done. In addition, if the enclosure area was enlarged, this would reduce available parking. The zoning district of the privately owned property located to the east of Commerce Place was questioned. Chair Michael opened the public hearing. There being nobody present to speak on the issue. Chair Michael closed the public hearing. MOTION made by Weiland, seconded by Voss to recommend approval of the Conditional Use Permit for Happy Garden Restaurant, as recommended by staff, including the listed conditions. Hanus asked that the motion include the suggestion, as stated in the Staff Report, about the City and JRW examining the possibility of establishing two or three short term parking spaces. Hanus also asked for clarification on the zoning district of the property to the east. Due to the fact that the applicants were not present, and nobody else was present to speak on the issue, the Chair suspended discussion on this case in order to discuss the next case on the agenda since those applicant's were present. Planning Commission Minutes October 10, 1994 CONTINUED .... CASE #94-70: HAPPY GARDEN RESTAURANT, SANG CAM KY. 2212 COMMERCE BLVD., LOT 4, BLOCK 1, COMMERCE PLACE, PID #13-117-23 33 0081. CONDITIONAL USE PERMIT FOR CLASS IV RESTAURANT, NON-INTOXICATING LIQUOR SERVICE RESTAURANT. PUBLIC HEARING. Chair Michael re-opened discussion on this case. Michael reminded the Commission that a motion was on the floor for staff recommendation. Mueller suggested tabling this request in order to obtain more information. The Commission discussed the fact that this request would not be in front of them except for the beer and wine issue. Mueller compared this request to other similar requests and noted that parking was always an issue. Mueller would like to see more figures on current parking and what the proposed use will do to their parking situation. Sutherland commented that during conversations with the City Planner, he stated that it is a non-issue, and that the parking for Commerce Place was approved when it was developed. Hanus questioned how many spaces would be required for Commerce Place today, based on the current code. Sutherland noted that this would require research. Hanus noted that if there proves to be enough spaces designated for the current uses, this is a non-issue, but if not, then there is a problem. He also questioned if it is right to hold back a request to sell beer and wine for a parking issue. Placing a condition on the conditional use permit regarding parking was discussed. It was noted that information relating to the hours of operation and the number of employees was not provided by the applicant. Mueller questioned how the parking would be addressed if a restaurant with full liquor service was proposed, and the seating capacity was much greater. What is the difference from this request? He believes parking issues should be addressed. The history of the parking lot approval for Commerce Place was discussed. Sutherland noted that in the Zoning Code, required off-street parking spaces for restaurants is "at least one (1) space for each three (3) seats based on capacity design." Therefore, a seating capacity of 42 seats results in the requirement of approximately 14 parking spaces, according to the Zoning Ordinance. Overflow parking areas, such as the church parking lot located across the street, was discussed. Weiland noted that it was his understanding the medical center employees have an agreement for parking on the church property across the street. Jensen recalled that the number of parking spaces was a concern when Commerce Place was created. She believes there is a potential for existing downtown businesses to feel "put-out" if the parking issue is not addressed, because the JRW Properties was a member of the CBD Parking Program but did withdraw because they indicated that they were able to handle all of their parking on their own property. It may be appropriate for the Planning Commission to 4 Planning Commission Minutes October 10. 1994 consider additional language that would require JRW to expand their parking area should the parking become a problem because of the success of this or any other business in the area. An option may be to have them re-join the CBD Parking Program. Jensen summarized that Happy Garden could open their restaurant without a liquor license. When a conditional use permit is applied for, the City is given the opportunity to address'other issues if there are negative aspects. This is the City's chance to explore the need for conditions on the approval. Hanus asked the maker of the motion if they would accept an amendment suggesting JRW to examine the possibility of establishing two or three short term parking spaces to accommodate the take-out business for Happy Garden. Weiland accepted the friendly amendment. MOTION FAILED 2 TO 6. Those in favor were: Voss and Weiland. Those opposed were: Mueller, Surko, Michael, Jensen, Hanus, and Bird. Voss and Weiland requested that each commissioner list their reasons for opposition. Each Commissioner stated their reasons, which included: The opening of the restaurant will not be delayed as the Council's Public Hearing is still scheduled for November 9, and the Planning Commission can review the parking issues prior to this scheduled hearing. The restaurant can open without liquor service. Parking has been an issue on other similar requests, and the Commission needs to be consistent. It appears that there may already be a parking problem, and it should be investigated how the additional service of beer and wine will affect the parking situation. A conditional use permit should not be approved until the ramifications of not addressing the parking issue can be understood. It was suggested the item be tabled. Everyone was in favor of the restaurant. The City needs to be sensitive about how parking needs will be affected by this new use and future uses. 5 Planning Commission Minutes October 10, 1994 Jensen moved to reconsider. Mueller seconded the motion. Motion carried 6 to 2. Those in favor were: Mueller, Surko, Michael, Jensen, Hanus, and Bird. Voss and Weiland opposed. MOTION made by Hanus to table the request and direct staff to research and determine what the current parking requirements are for the shopping center based upon the current configuration, and bring it back for discussion at the next possible meeting. Jensen seconded the Motion. The Chair briefly reviewed the Roberts Rules. Jensen withdrew her second to the motion. Motion failed due to lack of a second. Mueller stated that more information needs to be provided by staff on existing parking and on the history of the Commerce Place parking. Weiland also requested information on Mound Medical employees using the church parking lot, and the possibility of working with the church. MOTION made by Mueller, seconded by Hanus to table the request. Motion carried 6 to 2. Those in favor were: Mueller, Surko, Michael, Jensen, Hanus, and Bird. Voss and Weiland opposed. Hoisington Koegler Group Inc. mlI! PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: October 5, 1994 SUBJECT: Conditional Use Permit Request - Happy Garden (Class IV Restaurant) APPLICANT: Sang Cam Ky CASE NUMBER: 94-70 HKG FILE NUMBER: 94-5y LOCATION: 2212 Commerce Boulevard EXISTING ZONING: Central Business (B-l) COMPREHENSIVE PLAN: Commercial BACKGROUND/COMMENT: Happy Garden Restaurant is proposing to move from its present location at County Road 110 and Three Points Boulevard to space in Commerce Place. The space that Happy Garden will occupy is the former site of the Lovin Oven Bakery. The restaurant requires a conditional use permit because they propose to serve "non-intoxicating liquor" which includes 3.2 beer. Securing a liquor license is a separate action from this request and requires a separate public hearing. The restaurant has a proposed seating capacity of 42. If Happy Garden was proposing to operate as a Class I restaurant without liquor service, it would be a permitted use and would only be subject to building, health and fire code requirements. The use is appropriate as part of a commercial center. The only concern raised by the opening of a restaurant in Commerce Place is the additional demand for parking. Since the restaurant will be located at the back of the shopping center, its reasonable to assume that a number of patrons will attempt to park in the rear lots. Throughout most of the day, parking spaces in the rear lots are full. On October 4th at 10:30 a.m., 53 vehicles were parked at the rear of Commerce Place. The lot is striped for 42 vehicles plus two handicapped spaces, both of which were empty at the time. At that time of day, parking was available in the lots in the front of the shopping center. ql Land Use / Environmental · Planning/Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Happy Garden Conditional Use Permit Planning Report October 5, 1994 Page 2 Parking shortages are more likely to arise at noon than they are during the evening. After the restaurant is in operation, the restaurant owner, JRW Properties who owns the center and representatives from the City may want to examine the possibility of either establishing two or three parking spaces (or designating existing spaces) for short term parking near the restaurant. Such parking, limited to possibly a 10 minute duration, could accommodate restaurant patrons picking up take-out food orders. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the conditional use permit to allow the operation of the Happy Garden Restaurant as a Class IV restaurant in Commerce Place. The recommended approval is contingent on the following conditions: Happy Garden Restaurant shall comply with all applicable building, health and fire code requirements. Garbage and waste from the restaurant shall be handled and disposed of in conformance with applicable ordinance requirements. The granting of this conditional use permit allows operation of the restaurant only, liquor service shall be in conformance with the licensing requirements of the City of Mound. Application for i ! ~ ~;~ CONDITIONAL USE PERMIT / PLANNED DEVELOPMENT AREA City of Mound 5341 M&ywood Road, Mound, MN $$364 Phonel 4?2-0600, F&xl 4?2-0620 Conditional Use Permit Fee= $200.00 Planning ComLssLon Date= %0 ' [ O'q~', City Council D.t., II- ~)'q4 Distribut£gR ~ .. city Pl,nn,r, City Engineers Public Workl I ~ii~;;' ~j' L' ~;ii~ '~{i' };ii;~ii~'il};~i~i;i; ........................................... Address of Sub~ect Property Applicant's Name (if other than owner) Name of Surveyors LEGAL DESCRIPTION OF SUBJECT PROPERTY~ Lot 4 Existing Use of Propertys Block PID .o. l%-II-/'Z4 ~ 00~I Name of Propo.ed Use as Listed in the Zoning Ordinance= r~//~/~/~/ ~'/~JO~/~/ ~& Description of Prb~led Use, /'~/~ e< ~ ~' ~/¢~y ~'/~'~ -- ,'~' ~ [~ ~ EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but no= lima=ed =o traffic, noise, light, smoke/odor, parking, and describe the steps ~akan ~o mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Es~imated Development Cost of the Pro,sc== RESIDENTIAL DEVELOPMENTS ONLY= Number of Structures= Number of Dwelling Units Per Structure~ Lot Area Per Dwelling Unit= sq. ft. Total Lot Area= sq. ft. Has an application ever been made for Boning,. v~cnce, conditional use permit, or other zoning proce~lu=~ for this ?roper=y~ i ; ~du, i~ r.u. i~ yes, lis= aa=e(s) of application, action taken, resolution number(s) and provide copies of resolutions. JRW Properties, Inc. Commerce Place -Mound Property Identification Numbers and Legal Descriptions Prepared May 26, 1994 Location/Tenant 2220 Commerce Blvd (Bank) Property I.D. Nmnber 13-117-24 33 0078 Legal Description Lot 1, Block 1, Commerce Place 2200 Commerce Blvd 13-117-24 32 0169 Lot 5, Block 1, (Medical Clinic) Commerce Place 2238 Commerce Blvd 13-117-24 33 0080 Lot 3, Block 1, (Drug Store) Commerce Place 2232 Commerce Blvd 13-117-24 33 0081 Lot 4, Block 1, (Shops) Commerce Place 85 - Address Pending 13-117-24 33 0168 Lot 6, Block 1, (Commerce Parking Lot) Commerce Place 85 - Address Pending 13-117-24 33 0079 Lot 2, Block 1, (Commerce Parking Lo0 Commerce Place SEP-30-1994 13:52 FROM POHLAD COMPANIES TO 947206~0 P.O1 3700 DAIN BOSWORTH PLAZA 60 ~OLrI'H SIXTH S'l'P, EI-m-m-m-m-m-m-m-m-~r MINNEAPOUS, MN COVER SHEET To: Company: Phone: Fax; From: Company:. Phone: Direct Dial; Fax: Date: # Pages (inclucling cover): (G12) 661-3715 Comments: ~..~ 1/' - 13:52 FROM POHLAD COMPAHIES TO 94'720620 P. 02 COMMERCE P[.,A~E MOUND, MI NNI~$OTR III Prq)trid 07: ~ ~'t~rt.e,~ I~c. 18 DeC~ef TOTF~L P. 02 L.JL: f~ ~---~Ip~ brothers, inc. ,ii Il Il, ~ ~ALSAU ',RD', .o ...,0 m~ CHU::C,N OIST hO 277 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors October 24, 1994 RECEIVED OCT 2. 5 'lgg~ Mr. Edward J. Shukle Jr. City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound, Minnesota 1994 Lift Station Improvement Payment Request No. 4 MFRA #10555 Dear Ed: Enclosed is Rice Lake Contracting's Payment Request No. 4 for work completed through October 15, 1994 on the sub3ect pro3ect. The amount of this payment request is $132,901.20. We have reviewed this request, find that it is in order and recommend payment in the above amount to the Contractor. If you have any questions, or need additional information, please contact me. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:mm Enclosure An Equal Opportunity Employer 9'/5",2.. BILLS .November 09, 1994 Batch 4104 Total Bills $84,301.99 $84,301.99 Z ~0 I I I ,-.t .,-.I ,-I ,,-4 I I IIIIII I I I I I I I U I I IIIIII I I I I I Z u _1 o 0 o ~ ,4' O, 0~ ,-¢ ,-I UI-- Q~ LU CD -., Z I,-* Z Z~ 0 III 0000 ,s'- ZZ IAI 0 Z IAI C, O C~ Z Z 0 ,,-,. Z IAI ._1 U -'r- U Z 0 Z uJ Z UJ 0 ~J UJ -J -J ..J Z ! I I I O. ...¢ n, UJ o I Z Z 0 0 C~ Z 0 V llllllllll I Z U~ U,. Z Z 0 ~-~ Z n~ ZZ O0 Z:Z I UJ UJ ~,- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PARKS DEPARTMFNT OCTOBER 1994 MONTHI,Y REPORT Parks The weather was conducive to allowing the parks crew to mow all the parks one more time. The remaining picnic tables and trash cans were picked-up at the end of the month. Tennis courts had nets removed and access doors were locked just prior to the Halloween weekend due to possible vandalism. The parks crew will have completed their seasonal work by the first week in November. We will have some part-time help flooding the skating rinks and plowing during the winter. All winter equipment has been serviced and the snow moving attachments have been put on the trucks. Docks The Dock Inspector has begun inspecting dock sites for winter storage of docks and boat lifts. The parks crew completed the riprapping of 600 lineal feet of shoreline on Wiota Commons on Three Points. We have some restoration left to do on the site, but it will have to wait for Spring. Cemetery The cemetery has been marked for winter burials. We saw no vandalism this year during Halloween. Generally, we tend to get some stones turned over. Tree Removal We had five trees removed on City property and one area trimmed which was around the depot building. JF pr~nted on recycled paper LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shulde Len Harrell Monthly Report for October, 1994 STATISTICS The police department responded to 892 calls for service during thc month of October. There were 33 Part I offenses reported. Those offenses included 2 criminal sexual conduct, 6 burglaries, 23 larcenies, I arson, and 1 vehicle theft. There were 98 Part II offenses reported. Those offenses included 4 child abuse/neglect, 2 forgery/NSF checks, 4 narcotics, weapons 3, 13 damage to property, 5 liquor law violations, 13 DUI's, 5 simple assaults, 11 domestics (3 with assaults), 3 harassment, 8 juvenile status offenses, and 27 other offenses. The patrol division issued 128 adult citations and 3 juvenile citations. Par'king violations accounted for an additional 8 tickets. Warnings were issued to 38 individuals for a variety of violations. There was 2 adult and 1 juvenile arrested for a felonies. adults and 16 juveniles arrested for misdemeanors. additional 7 wan'ant arrests. There were 52 There were an The department assisted in 14 vehicle accidents, 5 with injuries. There were 25 medical emergencies and 61 animal complaints. Mound assisted other agencies on 11 occasions in October and requested assistance 14 times. Twenty-three ordinance violations were inspected. MOUND POLICE DEPARTMENT MONTHLY REPORT - OCTOBER, 1994 INVESTIGATIONS Thc investigators worked on 5 criminal sexual conducts cases and 4 child protection issues in October, accounting for 30 hours of investigative time. Other cases investigated included burglary, theft, assault, forgery/NSF checks, violation of an order for protection, hit and run personal injury accident, runaway, and harassing communication. The investigators were required to work 9 shifts in patrol during the month. Formal complaints were issued for fifth degree assault, possession of marijuana and paraphernalia, driving while intoxicated, leaving the scene of an accident, violation of a restraining order, minor consumption, dog at large, and a zoning code violation. Personnel/Staffing The department used approximately 136 hours of overtime during the month of October. Officers used 21 hours of comp-time, 116 hours of vacation, 264 hours of sick time, and 0 holidays. Officers earned 52 hours of comp-time. Officer Ewald returned to work thc middle of October, but Sgt. Hudson continues to be out, and Sgt. Grand is at SPI in Louiswille. The investigators have been used to cover some patrol shifts and limit the overtime where possible. Officers attended in-service training for firearms and defensive tactics in October. Officer Denneson attended a four day course in officer survival and Officer Nelson attended a two day driving course. Officer Huggett attended intoxityzer refresher. Sgt. Grand is attending the Southern Police Institute for 3 months and due to graduate in November.. I attended the International Chiefs of Police conference for 4 days in Alberquerque, NM. I attended two general sessions that included presentations by President Clinton, Attorney General Reno, FBI D/rector Freeh, and Sarah Brady. I attended thc following seminars: WACO: Lessons Learned Impact of Urban Crime on Rural Jurisdictions Violence in thc Workplace Institutionalizing Ethical Behavior Constitutional Considerations/Public Disorder CRIME BILL: Impact on Local Law Enforcement. I also attended a two day workshop in St. Cloud on implementing community oriented policing. V. RESERVES The reserves donated 248 hours during the month of October. MOUND POLICE DEPARTMENT OCTOBER 1994 O~-~'~NSES CLEARED EXCEPT- CLEARED BY ARRESTED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV PART I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated A~sault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 2 1 1 23 1 4 0 1 0 1 1 0 0 0 0 1 1 0 0 0 0 TOTAL 33 3 4 2 2 I PART II CRIMES Child Abuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (No Assault) Harassment Juvenile Status Offenses Public Peace Trespassing All Other Offenses 4 1 0 2 2 0 2 0 0 2 10 0 13 1 3 1 1 0 3 0 0 2 2 0 4 0 0 4 4 0 5 0 0 5 4 2 13 0 0 13 13 0 5 1 2 0 0 0 3 0 0 3 2 1 8 0 0 0 0 0 3 0 0 0 0 0 8 0 0 7 0 12 2 0 1 2 1 0 2 0 1 1 0 1 23 0 0 12 13 0 TOTAL 98 3 7 54 52 16 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 9 5 0 25 61 11 625 736 HCCP Inspections TOTAL 2 23 892 11 56 54 17 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT OCTOBER 1994 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS MONTH 60 46 8 15 41 8 13 12 9 5 0 1 33 1 19 33 98 25 61 23 625 YEAR TO DATE 564 435 153 271 609 245 78 66 93 33 0 25 333 37 96 299 693 261 893 455 7,887 LAST YEAR TO DATE 530 559 137 255 1,083 293 65 51 65 22 0 36 245 37 71 277 634 333 1,080 7,969 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,136 25 34 2 11 14 13,526 433 416 39 126 87 13,742 445 284 54 119 43 OCTOBER 1994 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt MV/ATV MiscellaneoUs Tags TOTAL 13 12 0 6 2 44 2 1 7 1 2 1 3 0 21 1 0 8 0 2 7 1 0 2 136 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 No Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor OCTOBER 1994 7 8 8 0 2 4 0 0 0 9 38 0 7 JUV 0 0 0 0 o 0 0 0 0 0 0 Primary ISN's onty: No r eported range: 09/26/94 - 10/25/94 ctivity codes: All operty Status: All Property Types: All Property Descs: All Brands: All Node[s= All Officers/Badges: All Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Date Recov'd Quantity Act Brand Model Off-1 Off-2 Tp Oesc SN Stat Stolen Value Recov'd Value Code Assnd Assnd 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: 174 139 2.000 95 0 3.000 25 0 1.000 346 0 1.000 2,585 0 7.000 1,788 0 5.000 195 0 1.000 550 0 2.000 228 0 9.000 5,986 139 31.000 Run: 28-0ct-94 9:11 CFS08 Primary ISN~s only: No Date Reported range: 09/26/94 - 10/25/94 Time range each day: 00:00 - 2~:59 Ho~ Received: ALl Activity Resulted: All D~spositions: Officers/Badges: Att Grids: ALL Patrol Areas: ALL Days of the week: ALL MOUND POLICE DEPARTMENT Enfors Calls For Service iNCiDENT ANALYSIS BY ACTiViTY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 44 9001 d-SPEEDING 3 9002 NO D/L, EXPIRED D/L 2 9004 RESTRICTED D/L 1 9012 OPEN BOTTLE 2 9014 STOP SIGN 2 9016 FAILURE TO YIELD 1 9018 EQUIPMENT VIOLATION 3 9024 ILLEGAL/UNSAFE TURNS 1 9034 STOP ARM VIOLATION 1 9038 ALL OTHER TRAFFIC 2 9040 NO SEATBELT 1 9100 PARKING/ALL OTHER 7 9150 NO TRAILER PARKING 1 9200 DAS/DAR/DAC 6 9210 PLATES/NO-IMPROPER-EXPIRED 7 9220 NO INSURANCE/PROOF OF 21 9301 LOST PERSONS 1 9309 FOUND/RUNAWAY 2 9312 FOUND ANIMALS/IMPOUNDS 3 9313 FOUND PROPERTY 10 9315 UNCLAIME DESTROYED ANIMALS 1 Page Run: 28-0ct-94 9:11 CFS08 Primary ISN's only: No Reported range: 09/26/94 - 10/25/94 each day: 00:00 - 23:59 Hou Received: ALL Activity Resulted: ALL Dispositions: AL[ Officers/Badges: ALL Grids: ALL Patrol Areas: ALL Days of the week: AL[ MOUND POLICE DEPARTMENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 4 1 7 2 2 2 2 1 1 1 21 1 2 12 8 ~/' 1 ? 5 9430 PERSONAL INJURY ACCIDENTS 9440 H/R PERSONAL INJURY ACC. 9450 PROPERTY DAMAGE ACCIDENTS 9451 H/R PROPERTY DAMAGE ACC. 9561 DOG BITE 9563 DOG AT LARGE ANIMAL ENFORCEMENT TICKETS 9567 DANGEROUS DOG 9700 MEDICAL/SU 9710 MEDICAL/ASU 97-50 MEDICALS 9731 MEDICALS/DX 9752 MEDICALS/CI 9800 ALL OTHER/UNCLASSIFIED 9801 DOMESTIC/NO ASSAULT 9802 PUBLIC ASSIST 9900 ALL NCCP CASES 9904 OPEN DOOR/ALARMS 9911 JUVENILE STATUS OFFENSES INSPECTIONS DEPARTMENT 9930 HANDGUN APPLICATION 9931 HANDGUN DENIALS Page 2 Run: 28-0ct-94 9:11 CFS08 Primary ISN's onty: No Date Reported range: 09/26/9& - 10/25/94 Time range each day: 00:00 - 2~:59 How Received: AL[ Activity Resulted: Dispositions: ALt Officers/Badges: AL[ Grids: AL[ Patrol Areas= Days of the week: AIL ACTIVITY COOE DESCRIPTION MOUND POLICE DEPARTMENT Enfors CalLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 9943 PROI4LER 2 9944 UNNANTED GUEST 1 9950 INFO/IHT 1 ~980 UARRANTS 7 9990 MISC. VIOLATIONS 7 V 9992 MUTUAL AID/8100 8 9993 MUTUAL AID/6500 2 9994 MUTUAL A[D/ ALL OTHER 1 A5351 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM 2 A5353 ASLT 5-[NFLICTS ATTEMPTS HRM-HANDS-ADLT-STR 2 A5354 ASLT 5-1NFL[CTS ATTEMPTS HRM-HANDS-CHLD-FAM 2 A5355 ASLT 5-1NFLICTS ATTEMPTS BRM-HANDS-CHLD-ACQ 3 A5401 ASLT 5-FEAR BOOILY HARM-NO WEAP-ADLT-FAM 1 Bl130 BURG 1-OCC RES FRC-D-UNK WEAP-UNK ACT 1 B3334 BURG 3-UNOCC RES FRC-D-UNK WEAP-COM THEFT 1 B34~4 BURG ~-UNOCC RES NO FRC-D-UNK WEAP-COH THEFT 1 B~494 BURG ~-UNOCC RES NO FRC-U-UNK ~EAP-CCM THEFT 1 B379~ BURG ~-UNOCC NRES FRC-U-UNK 14EAP-COH THEFT 1 B3894 BURG ~-UNOCC NRES NO FRC-U-UNK ~EAP-COH THEFT 1 D8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION 2 DCSO0 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 2 F1212 ARSON I-UNINHB-NO~EA-SG RESID-$10000-$1~ 1 Page Run: 28-0ct-94 9:11 CFS08 Primary ISN's only: Date Reported range: 'ange each day: How Received: Activity ResuLted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: ACTIVITY COOE DESCRIPTION No 09/26/94 - 10/25/94 00:00 - 23:59 ALi Ali AIl All All AIL All I2100 CRM AGNST FAM-GN-ENDANGER CHLD-UNK INJURY 12109 CRM AGNST FAN-GM-ENDANGER CHLD-OTHER J2500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR J2700 TRAF-ACCID-GM-AGGRAVATED VIOLATION J2900 TRAFFIC-GM-OTHER J2EO0 TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR TRAFFIC-MS-OTHER J3EO0 TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH L4041 CSC 2 WEAP-UNK ACT-OTH FAN-UNDER 13-F L7177 CSC 4-NO FRC-ACQUAINT-18 OLDER-F M3001 JUVENILE-ALCOHOL OFFENDER M3003 JUVENILE-HABITUAL TRUANT M4199 LIQUOR - OTHER M5313 JUVENILE-CURFEW M5350 JUVENILE-RUNAWAY N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT N3070 DISTURB PEACE-MS-PUBLIC NUISANCE N3190 DISTURB PEACE-MS-HARRASSING COHNUNICATIONS DISTURB PEACE-MS-HARASS-ABUSE-THRT-MAIL-DELiV P3110 PROP DAMAGE-MS-PRIVATE-UNE INTENT P3120 PROP DAMAGE-NS-PUBLIC-UNK INTENT MOUND POLICE DEPARTMENT Enfors Carls For Serv(ce INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 1 1 2 1 9 2 6 1 1 2 1 1 6 1 1 1 12 1 Page Run: 28-0ct-9~ 9:11 CFS08 Primary ISN's only: No Date Reported range: 09/26/94 - 10/25/94 Time range each day: 00:00 - 23:59 How Received: ALL Activity Resulted: ALL Dispositions: ALL Officers/Badges: ALL Grids: ALL Patrol Areas: ALL Days of the week: ALL MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS TRESPASS-MS-PR%VATE-UNK INTENT STLN PROP-FE-POSSESS-VEHICLES-2500-34999 THEFT-501-2500-FE-YARDS-OTH PROP THEFT-501-2500-FE-MOTOR VEH-OTH PROP THEFT-501-2500-FE-WATERCRAFT-OTH PROP THEFT-201-5OO-GM-BUILDING-OTH PROP P3310 Q1226 TC059 TC159 TC169 TF029 TF059 THEFT-201-5OO-GM-YARDS-OTH PROP TG059 THEFT-LESS 200-GM-YARDS-OTH PROP TG061 THEFT-LESS 200-GM-MAILS-MONEY TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP THEFT'LESS 200-GM-WATERCRAFT-OTH PROP THEFT-MS-BY CHECK-201-500 THEFT-MS-ISSUE WORTHLESS CHECK-201'500 THEFT-NS-BY SWINDLE OR TRICK-200 OR LESS THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS FRAUO-MS-OTHER ACT-UNK LOSS VEH-MORE THAN 2500-FE-THEFT-BOAT-MTRI WEAPONS-GM-OTHER ACT-OTHER TYPE-NO CHAR WEAPONS-MS-RECKLESS HANDLES-OTHER TYPE-NO CHAR WEAPONS-MS-OTHER ACT-FIREWORKS-NO CHAR 2 1 1 2 1 1 1 1 2 7 1 1 1 2 1 1 1 1 1 TG169 U3017 U3027 U3068 U3498 U3~O VA029 W2~O ~290 I,/S980 Page **** Report Totals: 354 Run: 28-0ct-94 10:28 OFF01 Primary ISN's onty: reported range: kange each day: Dispositions: Activity codes: Officers/Badges: Grids: No 09/26/94 - lO/25/94 00:00 - 23:59 Att Att Att Att ACT ACTIVITY COOE DESCRIPTION A5351 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM A5353 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-STR A5354 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5355 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ A5401 ASLT 5-FEAR BOOILY HARM-NO ~EAP-ADLT-FAM Bl130 BURG 1-OCC RES FRC-D-UNK WEAP-UNK ACT B3334 BURG 3-UNOCC RES FRC-D-UN[ ~EAP-CON THEFT BURG 3-UNOCC RES NO FRC-D-UNK ~EAP-CON THEFT B3494 BURG 3-UNOCC RES NO FRC-U-UNK ~EAP-CON THEFT 83794 BURG 3-UNOCC NRES FRC-U-UNK ~EAP-COM THEFT B3894 BURG 3-UNOCC NRES NO FRC-U-UNK WEAP-COM THEFT D8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION DCSO0 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK F1212 ARSON 1-UNINHB-NO WEA-SG RESID-$10000-$19999 [2100 CRM AGNST FAM-GM-ENBANGER CHLD-UNK INJURY 12109 CRM AGNST FAM-GM-ENDANGER CHLD-OTHER d2500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR J2700 TRAF-ACCID-GM-AGGRAVATED VIOLATION J2900 J2EO0 J3900 J3EO0 TRAFFIC-GM-OTHER TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR TRAFFIC-MS'OTHER TRAF-ACC'MS'AL 10 MORE-UNK INJ-UNK VEH MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL AOULT JUVENILE BY EX' PERCENT REPORTEO FOUNOEO OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED 2 0 2 0 2 0 0 2 100.0 2 0 2 1 0 0 I 1 50.0 2 I 1 I 0 0 0 0 0.0 3 I 2 I 0 0 I 1 50.0 1 0 I 0 0 1 0 1 100.0 1 0 1 0 0 I 0 1 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 0 0 1 1 100.0 1 0 1 0 I 0 0 1 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 2 0 2 0 2 0 0 2 100.0 2 0 2 0 2 0 0 2 100.0 1 1 0 0 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 I 0 1 0 I 0 0 1 100.0 2 0 2 0 2 0 0 2 100.0 2 0 2 0 2 0 0 2 100.0 2 0 2 0 2 0 0 2 100.0 2 0 2 0 2 0 0 2 100.0 9 0 9 0 9 0 0 9 100.0 2 0 2 0 2 0 0 2 100.0 6 0 6 1 5 0 0 5 83.3 Run: 28-0ct-94 10:28 OFF01 Primary ISN's only: No Date Reported range: 09/26/94 - 10/25/94 Time range each day: 00:00 - 23:59 Dispositions: Att Activity codes: Officers/Badges: AIl Grids: AIl MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED CSC 2 WEAP-UNK ACT-OTH FAN-UNDER 13-F CSC 4-NO FRC-ACQUAINT-18 OLDER-F JUVENILE-ALCOHOL OFFENDER JUVENILE-HABITUAL TRUANT LIQUOR - OTHER JUVENILE-CURFEW JUVENILE-RUNAWAY DISTURB PEACE-MS-DISORDERLY CONDUCT DISTURB PEACE-MS-PUBLIC NUISANCE L4041 L7177 H3001 M3003 M5313 H5350 N3030 N3070 TF059 TG059 TG061 TG159 N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS N3230 DISTURB PEACE-MS-HARASS-ABUSE-THRT-MAIL-DELIV P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT P3120 PROP DAMAGE-MS-PUBLIC-UN[ INTENT P3310 TRESPASS-MS-PRIVATE-UNK INTENT Q1226 STLN PROP-FE-POSSESS-VEHICLES-2500-34999 TC059 THEFT-501-2500-FE-YARDS-OTH PROP TC159 THEFT-501-2500-FE-MOTOR VEH-OTH PROP TC169 THEFT-501-2500-FE-WATERCRAFT-OTH PROP TF029 THEFT-201-5OO-ON-BUILDING-OTH PROP THEFT-2OI'5OO-GH-YARDS-OTH PROP THEFT-LESS 200'C~I-YARDS-OTH PROP THEFT-LESS 200-GM-NAILS-MONEY THEFT-LESS 200-GM-HOTOR VEH-OTfl PROP 1 0 I 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 2 0 2 0 0 2 0 2 100.0 I 0 1 0 0 1 0 1 100.0 3 0 3 0 3 0 0 3 100.0 1 0 1 0 0 1 0 1 100.0 6 0 6 0 0 6 0 6 100.0 1 0 1 0 1 0 0 1 1 0 1 0 0 0 1 1 100.0 3 0 3 3 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 12 1 11 7 1 0 3 4 36.3 1 0 1 1 0 0 0 0 0.0 2 0 2 0 0 1 I 2 100.0 I 0 1 0 1 0 0 I 100.0 1 0 1 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 3 0 3 3 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 0 0 1 1 10c 1 1 0 0 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 Run: 28-0ct-94 10:28 OFF01 Primary ISN~s onty: No range: 09/26/94 - 10/25/94 each day: 00:00 - 23:59 Dispositions: ALL Activity codes: AIL Officers/Badges: ALL Grids: ALL MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ~G169 THEFT-LESS 200-GM-WATERCRAFT-OTH PROP ..... OFFENSES CLEARED .... ADULT JUVEN]LE BY EX- PERCENT ARREST ARREST CEPT]ON TOTAL CLEARED U3017 U3027 U30~ U3498 U3~O VA029 W3290 ~3980 7 0 7 7 0 0 0 0 0.0 THEFT-MS-BY CHECK-201-500 1 0 1 0 1 0 0 1 100.0 THEFT-MS-ISSUE WORTHLESS CHECK-201-500 1 0 I 0 1 0 0 1 100.0 THEFT-MS-BY SWINDLE OR TRICK-200 OR LESS 1 0 1 0 0 0 1 1 100.0 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS 2 0 2 1 0 0 1 I 50.0 FRAUD-MS-OTHER ACT-UNK LOSS 1 0 1 1 0 0 0 0 0.0 VEH-MORE THAN 2500-FE-THEFT-BOAT-MTRI 1 1 0 0 0 0 0 0 0.0 WEAPONS-GM-OTHER ACT-OTHER TYPE-NO CHAR 1 0 1 1 0 0 0 0 0.0 WEAPONS-MS-RECKLESS HANDLES-OTHER TYPE-NO CHAR I 0 1 0 I 0 0 1 100.0 S4EAPONS-MS-OTHER ACT-FIREWORKS-NO CHAR 1 0 1 0 1 0 0 1 100.0 **** Report Totals: 114 6 108 41 43 13 11 67 62.0 03-Nov-94 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR OCTOBER FINANCE DEPARTMENT REPORT Investment activity Bought: Money Market 4M - Income Reinvested 0 Money Market SB - Income Reinvested 11 Money Market 1st B - Income Reinvested 0 CP Dain Bosworlh 5.02 522,500 CP Smith Barney 4.89 459,413 Money Market 4M 460,000 Money Market First Bank 0 Money Market Smith Barney 0 Matured: Money Market 4M (190,000) Money Market First Bank (152,000) Money Market Smith Barney 0 CP First Bank 4.74 (348,101) FNMA (Recall) Dain Bosworth 9.00 (500,000) CP Smith Barney 4.75 (198,734) CP Smith Barney 4.74 (258,724) Recvclin.q (Jovce's Report) An estimated 800 cars passed through on October 15 at the Special Recycling. Total dollars collected were $4,374. Material Furniture 10.07 Tons Goodwill $277.50 Carpet 1.86 Tons Appliances 1,269.00 Goodwill 13.48 Tons TV's 246.97 Tires 10.00 Tons Tires 689.21 Appliances 13.00 Tons Carpet 860.00 TV's 5.00 Tons Furniture & Scrap Metal 42.00 Tons Est. Mattress 1,560.00 Phone Books 500 Lbs Batteries 500 Lbs Total ~4,902.68 Water Meter System October has been a busy and challenging time for Joyce and myself dealing with the water meter system. Even though the water bills got out 'almost' in time, the software is still a problem. We will continue to keep John Cameron informed of the progress. City of Mound Monthly Report Utilities Month of: October 1994 Residential Commercial 11/03/94 Utility-94 Total No. of Customers: Water Sewer Water Used: (in 1,000 gallons) 1,091 1,095 29,992 123 123 5,466 Billing: Water $35,185 Sewer $46,416 Recycle $3,316 Total $84,917 Payments: Water Sewer Recycle Total $22,786 $32,788 $2,550 $58,124 $5,878 $13,892 $20 $19,790 $6,021 $13,714 $13 $19,748 1,214 1,21 8 35,458 $41,063 $6O,3O8 $3,336 $104,707 $28,807 $46,502 $2,563 $77,872 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 TO: FROM: SUBJECT: November 1, 1994 MAYOR, CITY COUNCIL AND CITY MANAGER JOEL KRUMM, LIQUOR STORE MANAGER ~.~//~---~ OCTOBER 1994 MONTHLY REPORT The month of October ended up a little better than I thought it would, considering we had one less Friday's day of business than we had compared to October of last year. Gross sales for the month were $120,194. Last year in October, sales were $118,708. With the weather being pleasant for the Halloween weekend sales were about $900 over that of last year. We now have had our Visa/Mastercard system up and running for a full month. I now have some better information from which to make more accurate projections. As I mentioned in last month's report, we needed to average about $80 in sales per day or roughly a little more than $2000 a month for the installation to be successful. For the month credit card transactions totalled $2636. It looks as though we are headed on the right track. JK:ls Ctl printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: November 4, 1994 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official .~k~ . OCTOBER 1994 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 46 building permits issued in October for a construction value of $531,602, bringing the year-to-date figure to $7,227,300. This number is substantially ahead of construction activity over the last ten years. With the advent of winter and rising interest rates, I expect this upsurge to return soon to a more normal pace. There were 36 plumbing, mechanical and miscellaneous permits issued for a total of 82 this month, and 673 year-to- date. PLANNING & ZONING Six zoning cases were heard by the Planning Commission and City Council this month. It appears the Pelican Point and Teal Pointe subdivisions are getting close to some actual construction activity. The proposed Truth in Housing regulations are currently being reviewed by the City Manager and Building Official in order to develop an implementation plan and bring this back to the Planning Commission for review. COMMUNITY SERVICE OFFICER (CSO) ACTIVITY Total CSO contacts for October was 23. JS:pj printed on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: /~_/-_Y'0_J~ Year:,, 1994 , n*o IVlUm ~ rs YEAR TO DATE ~£SlDENTIAL # PERMITS · UNITS VALUATION ~,, ~'~i~-Jq-~F~UcTION · UNITS VALUATION SINGLE FAMILY DETACHED 19 2,214,728 SINGLE FAMILY ATTACHED (CONDOS) TWO FAMILY / DUPLEX MULTIPLE FAMILY (3 OR MORE UNITS) .TRANSIENT HSG. (HOTELS / MOTELS) SUBTOTAL 19 2,214,728 COMMERCIAL (RETAIL/RESTAURANT) OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC I SCHOOLS SUBTOTAL LTERATION8 · ADDITIONS TO PRINCIPAL BUILDING 7 272,562 44 872,317 ...DETACHED ACCesSORY BUILDINGS 1 13,056 17 159,647 DECKS 1 2,500 40 148,718 SWIMMING POOLS 1 10,000 REMODEL- MlSC RESIDENTIAL 30 145,351 185 670,909 REMODEL. MULTIPLE DWELLINGS 1 69,947 5 395,883 SUBTOTAL 40 503,416 292 2,257,474 NON-RESIDENTIAL COMMERCIAL (RETAIL/RESTAURANT) 2 15,500 10 188,850 OFFICE / PROFESSIONAL 1 5,936 2 15,936 INDUSTRIAL 149,986 .....PUBLIC / SCHOOLS 2 6,750 5 2,400,326 DETACHED ACCESSORY BUILDINGS SUBTOTAL 5 28,186 17 2,755,098 RESIDENTIAL DWELLINGS 7 NON-RESIDENTIAL BUILDINGS 1 7 TOTAL DEMOLITIONS 1 14 g PERMITS · UNITS VALUATION · UNITS VALUATION · PERMITS TOTAL 46 531,602 19 7,227,300 PERMIT COUNT THIS MONTH YEAR-TO-DATE · BUILDING 46 349 FENCES & RETAINING WALLS 4 46 SIGNS 3 10 PLUMBING 9 l 15 MECHANICAL 16 105 GRADING I 5 S&W, STREET EXCAV., FIRE, ETC. 3 43 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 November 3, 1994 TO: FROM' SUBJECT: MAYOR, CITY COUNCIL AND CITY MANAGER GREG SKINNER, PUBLIC WORKS SUPERINTENDENT~'~ OCTOBER MONTHLY REPORT STREET DEPARTMENT The blacktopping is finished for the year and we are ready for the snow to fall. The Dakota Railroad crossing at Fairview Lane was completed in three days. This is now ready for winter. The Christmas lights are up. The only thing we have left on those is to test them, which we will be doing next week to make sure everything functions the way they are supposed to. We have to make the pit for the bon fire at the Christmas tree lighting. The Chamber of Commerce's sign was dropped off. We will be dropping our sign trailer there, for the barricades. We are be pretty well set for this community event. We sealcoated and swept Pike Road with the oil we had left from the oiler and used some of the buckshot from the stockpile. Next year we will do the other half of Pike with the excess oil that we have. The plows for the trucks, the wings and sanders, the new blades are being finished up. If it snows, we should be ready. WATER DEPARTMENT The meter installation is almost done. There was a problem reading District 2, it didn't come out the way it was supposed to. We had to do it manually along with some help from Schlumberger. We started reading the last week of October on District 3 with the handheld. They seem to be working the way they are supposed to be. We will continue to do District 3, get the info back to Joyce and Gino, see if they can down load it and produce a bill. We have had several people call complaining about their high bills and high usages. All this is due to the change out process, creating a catch up because the inside meter and the outside reader did not match. We are printed on recycled paper probably getting 4-§ of those a day. Some of the people are paying them, some are making payment schedules, some may not pay at all and we will end up certifying those to taxes next year. We flushed hydrants this month. It took a week to do it. We will do it twice again next year. The sewer lift stations are completed. Restoration work is being done right now around the stations. We have completed a punch list for Rice Lake Contracting. We have given it to John Cameron and he is forwarding it to Rice Lake, so they can complete the list. This should be all completed before the snow flies. Everything went pretty good. The only thing that we are waiting on now is the phone company. They have contracted a firm to plow in the underground telephone lines to each station. After that is completed, our alarm system will be up and working. Right now we are working on the horns and the red lights. Damen and Scott have also been doing the fall wet well cleaning. It will probably take us a week or two to do that. Now that the lift station project is done, the wet well cleaning should be done in a week. We also staked out the cemetery for Jim, so we can locate sites in the winter when the snow covers the ground. We used the new skidster with the hoe on the back on the commons off of Dove Lane, helping Jim put in the rip rap. All that is left is to level off the ground with the fill that he brought back in so he can seed. GS:ls November 3, 1994 CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 TO: FROM: RE' CITY MANAGER CITY CLERK OCTOBER 1994 MONTHLY REPORT The City Council had 2 regular meetings with 11 resolutions and 1 ordinance amendment. There was Agenda preparation and items to clear up after each meeting. The assessment hearings were held on the following : CBD Parking Maintenance; Delinquent Sewer & Water Bills; Unpaid Mowing Charges. Resolutions were prepared and will be certified to the County for all the above assessments. The election took up most of the month of October. Test decks of ballots were prepared, machines were tested for accuracy, all precinct supplies were put together, judges were trained. I will give you more of the statistics from the election in the November report. I attended several meetings for the upcoming election. There were the usual calls and questions from the public. fc printed on recycled paper MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF OCTOBER 1994 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 1 JEFF ANDERS~N X X 2 19.00 10 51 6.00 )06,QQ 2 GRF~ A~)ERSON X X 2 19.00 5% 56 6.00 336.00 3 PAUL BABB X X 2 19.00 5 45 6.00 270.00 4 DAVE BOYD X X 2 19.00 5 22' 6.00 132.00 5 SCOTT BRYCE X X 2. 19.00 6 13 6.00 78.00 6 DAVE CARLSON X X 2' 19.00 10% 20 6.00 120.00 7 JIM CASEY X X 2 19.00 4½ 21 6.00 126.00 8 STEVE COLLINS ~ X 1 9.50 9½ 17 6.00 102.00 9 BOB CRAWFORD X X 2 19.00 8½ 29 6.00 174.00 10 RANDY ENGELHART X X 2 19.00 7% 28 6.00 168.00 11 STEVE ERICKSON~X X 2 19.00 6 42 6.50 273.00 12 PHIL FISK E~ X 1 9.50 5 21 6.00 126.00 13 DAN GRADY X X 2 19.00 5 44 6.00 264.00 14 KEW-IN GRADY X X 2 19.00 4 28 6.00 168.00 15 CRAIG H]~NDEP~SON X ~ 1 9.50 7 21 6.00 126.00 16 PAUL HENRY X X 2 19.00 9% 26 6.00 156.O0 17 JASON MAAS X X 2 19.00 5 31 6.00 186.00 18 JOHN NAFUS X X 2 19.00 7½ 26 6.00 156.00 19 JA~.~S NELSON X X 2 19.00 3 24 6.00 ~44,0Q 20 MARV N~'~.R~N X X 2 19.00 5 23 6.00 138.00 21 BRET NICC~! ~, (~ 0 -0- 9 19 6.00 114.00 27 ToM o o o o o 28 MIKE SAVAGE X ~ ? ~lq.~ R~ ~?- 6.rD 167.D~ 29 KEVIN SIPFRk~,L X X 2 !lq. OD 11~ 27 6.rD 30 RON STALLMAN X (~3 ~ 9.~0 '1'1~ 10 6.OO 31 TO~ SWENSON ~ ~ 0 -O- 6 ~ 6.00 72.00 32 BRUCE SVOBODA X X 2 19.00 5~ 36 6.OO 216.OO 33 ED VANECEK X X 2 [9.00 8 42 6.00 252.00 _ 34 RICK WILLIAMS X X 2 [9.00 254 29. 6.00 174.00 ~. TIM WILLIAMS X X 2 [9.00 3 21 6.00 126.O0 36 DENNIS WOYTCKE X X 2 /9.00 9% 28 6.00 !168.O0 37 31 31 62 987 FIRE 1ETAL$ 77% 77~ 155 589.00 263~ %~f~$ 5,948.50 155 I~TT;~ 589.00 263½ ~ 1,167.00 ~ ~3%L 7.704~50 MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT MON'~{ MOlfJ~ TO DATE TO DATE DNTH OF OCTOBER 1994 ~). OF C,AT,T.c~ 55 50 525 521 FIRE .8 9 109 106 tOUND ~RGENG'Y %9 20 20~ 206 ~I NNETONKA BEACH FIRE 2 O 2~ 9 ]~tERGEI~ Q Q 1 3 tINNETRISTA FIRE § O ],7 23 KMERGENOY ,3 5 4Q 33 DRONO FIRE § 1 33 2~ ISMERGENCY Z 4 22 25 SHOREWOOD FIRE D O O 4 I~GENCY ] O ~ 3 SPRING PARK FIRE 5 3 33 22 m'~Gm~Y Z 5 31 59 MUTUAL AID '' FIRE O 1. ~ 6 TOTAL FIRE CALLS 27 14 219 191 TOTAL EMERGENCY CALLS 28 36 ~O5 333 COMMERCIAL ] ] (} 7 RESIDENTIAL ~ 4 43 rm>u~AL fl ~) O O AUTO 1 1 7 9 FALSE ALARM / FIRE ALARMS 1D ~ 8~ 61 NO, OF HOURS FIRE 168 236 2477 2314 - MOUND ,~GENCY ,343 360 ~qgq .3806 TOTAl, 511 5q6 6476 61 F~RE .38 O t7O 99 - MTKA BEACH )~(ERC, ENCY 0 (] ]] 70 TOTAL 38 (] 381 169 FIRE 61 O ~64 - bi' TRI STA R.(ERGENCY 56 107 735 6] O TOTAL ] ] 7 ] Q7 999 ] 042 FIRE 112 15 678 518 - ORON0 .I~MERGENCY 30 61 352 . 520 TOTAL 14Z 76 1030 1038 FIRE Q Q 0 80 - SHOREWOOD l~4I~G~. 21 0 q4 TOT. AL 21 0 94 121 FIRE 104 54 72~ 4q5 - sP. PARK ]~GENCY 45 14~ 676 1165 /DTA~ 14q ~ q7 ~ &(ll Fn~E 0 34 2OQ - ~d'ru~ A.TD m]mmRG~C'Y 9 0 35 30 TOTAL 9 34 235 194 TOTAL DRILL HOURS 155 157~ 1667~ ] TOTAL FIRE HOURS 483 339 476Q TOTAL EMERGENCY HOURS ~Q4 671 5849 /DTAL FIRE & KMERGENCY HOURS ~7 lOlO 1~ A1R ~n '~n~, MUTUAL A~D RECEYVED O (l A 2, ~UTUA5 A~D CZVZN 1 1 7 6 MOUND--FIRE--DEPARTMENT DRILL REPORT Discipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : ~Excused X Unexecused O Present / Not Paid ~ .cellaneous 11 Z\~L D.Grady ~-~. C.Pounder L J.Anderse~ ~{7~__G.Anderson %~,_P.Babb %~F~J3,_D.Soyd __SBryce DiCarlson ~Casey iCollins. _._B.Crawford R.Engelhart S.Erickson ~P.Fisk ~K. Grady hC.Henderson P.Henry J.Maas .Nafus J.Nelson .Nelson ,.B.Niccum ~ ~ G.Palm __[M.Palm T.Palm ~G.Pederson ---~--T.Rasmussen M.Savage kj~a~K.Sipprell _~R.Stallman B.Svoboda Swenson .Vanecek .Williams .Williams D.Woytcke D~ILL REPORT MOUND--FIRE-DEPARTMENT Date(~ Discipline and Teamwork Critique of fires Pre-plan and Inspections ~Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : Excused X Unexecused O Present / Not Paid PERSONNEL J.Anderse~ G.Anderson Babb D.Boyd ~-~S.Bryce ~.Carlson s.Casey .Collins. ~Z~~B'Crawford R.Engelhart ~-~S.Erickson ~-~ P. Fisk F-~. D.Grady ~-~%~-C. Pounder ~-~- K .Grady ~T.Rasmussen  .Henderson M Savage · Henry ~--~l-Z- K. S ippre 1 1  %~ J. Maas ~R. Stal lman J.Nafus B. Svoboda ~J.Nelson ~_~i. Swenson ~M. Nelson ~ .Vanecek ~GB.Niccum .Williams .Palm ·Williams ~-A M.Palm .Woytcke ~T.Palm ~ ~.~G. Pederson -- DATE ,,/.J,o u /f?f' MOUND FIRE DEPARTMENT 5e 3 6 _3 .Z TOTAL MAINTENANCE 'FOR MONTH OF ~n~3L /~ MEN ON DUTY ~ J. ANDERSEN _~_/G. ANDERSON J. BABB .~ P. BABB ,.~ D. BOYD ~) S. BRYCE S?~ D. CARLSON ~ J. CASEY ~A S. COLLINS' ,? ~ B. CRAWFORD 3//~.. //,~ R. ENGELHART ~7 S. ERICKSON ~ P. FISK iD D. GRADY / K. GRADY f C. HENDERSON .~~ P. HENRY ~ J. MAAS / ~ J. NAFUS K. SIPPRELL 7 R. STALLMAN / T. SWENSON ~?~ B. SVOBODA ~ E. VANECEK /~.~ R. WILLIAMS O T. WILLIAMS ~l D. WOYTCKE J. NELSON M. NELSON B. NICCUM G. PALM M. PALM --~ T. PALM ~ G. PEDERSON C. POUNDER T. RASMUSSEN M. SAVAGE TOTAL }:.ONTHLY JJOURS /~ 11 I B 6 4~ 11/03/1994 ii:28 612--4724435 T0M REESE PAGE Bi LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 - WAYZATA, MINNESOTA 55391 · TELEPHONE 612/473-7033 KUQENE R. STIqOldldl:N, EXECUTIVE DIRECTOR William A. Johnstone Chair, Minnetonka Tom Penn Vice Chair, Tonka Bay Douglas E. Babcock Sec~et~'y, Sl~ng Park Ro~d Twalurer, Shorew~ Mike MinneTonka hae~ AI~ ~Be~ D~phavem Ja~s N. Ex~r R~al~ Kllne Minnet~sta Dua~e ~us Wayzata Craig V~tori& T~mas W. ~eeee Mo~n~ Ho~ J. Sue~h Wooa~ ~seph Zwak Greenwo~ Oror~o TO: MOOHD ~ O00]q'C~. DATE: NOYKI~ 3, 1994 P~OM: TOM l~:l~l, LMOD 2.1 No rpec~ L~vi~,. -- 4.0 Mou,d ~ I_~--,- RECEIVED OCT 3 I LAKE HINNETONKA CONSERVATION DISTRICT Eurasian Water Milfoil Task Force Minutes 8:30 am, Friday, October 21, 1994 Norwest Bank Bldg. Conference Rm 135, Wayzata PRESENT: MINUTES. Tom Reese, Mound and Herb Suerth, Woodland, LMCD board; John Barren, Hennepin Parks; Mike Halvorsen, and Rick Walsh, DNR Fisheries; Dr. Ray Newman, U of M Fisheries; Chip Welling, DNR Ecological Services; Executive Director Gene Strommen; Minutes of 9/16/94 were accepted as mailed. LMCD OPERATIOn, S. 1. 1994 LAKE MINNETONKA MILFOIL HARVEST REPORT. The 1994 report was mailed to all Task Force members. Strommen highlighted the contents. He pointed out that reharvested acreage ~harvesting in the same area a second time) was not included in the net harvest total. Reharvesting was done in bays where initial harvesting was done early in the season and/or significant growth remained after the initial channel clearing to docks. Harvester loads per day were up from 10 in 1993 to 12 in 1994. Acres per day was down from 13.7 to t3.1 due to more 1994 channel cutting and travel time than in 1993. The greater plant density found in the lake in 1994 due to more vigorous growth this season was reflected in harvester loads per acre increasing from .7 to .9/acre. Task Force members again reiterated their support for future harvesting procedure to involve channel cutting in front of docks and through large infested sections rather than attempt to clear-cut large infested sections. The practicality of clear-cutting, creation of more fragments and greater cost of clear-cutting and excessive removal of aquatic plant life was cited to support this position. 2. CONTRACT SERVICE EXPLORATIONS OF LMCD MILFOIL HARVESTING. Reese and Strommen reported the LMCD board's interest in exploring the prospect of engaging an independent contractor to perform the lake harvesting program. This would involve the contractor also owning their own harvest equipment. Preferably LMCD would sell its equipment to the contractor. The contractor would be responsible for equipment maintenance as well as operation. A harvest project manager, either from within LMCD staff or a third-party outside contractor, is envisioned to EURASIAN WATER MILFOIL TASK FORCE, 10/21/94, P. 2 direct the work assignments being made to the contractor. Establishing work priorities and areas to harvest will be included in this role. Use of aerial spotting to identify areas to be harvested in relation to dock structures is also being considered. The harvesting operation must be accompanied by a manageable method of payment. The various means of paying for such a contract service are still under exploration. Task Force members suggested using buoys to mark channels being harvested in large infested areas to guide boats through the open harvested areas. Welling and Halvorsen offered to be a resource as the harvest plan is developed for 1995, either with a contractor or through LMCD's own operation. MN DNR REPORT. 1. MN CONSERVATION CORPS. Welling briefly commented on behalf of Tom Hagel, who was unable to be present for this meeting, that the MCC did complete its 20,000 hours of lake access inspection to prevent exotics spread. Hagel hopes to be available for the November meeting. o MILFOIL MONITORING UPDATE. Herbicide control of milfoil on Bay Lake, near Mille Lacs Lake, discovered in '92, appears to be successful. Diving examination in '93 showed one plant, Milfoil was found in '94 in a new stand in the same location. The suspect area was treated. Welling agreed there could be milfoil in some native plant growth areas not yet discovered. Bay Lake is considered a high priority lake since the Ripple River flows through it and to several other lakes before its waters reach the Mississippi River. Diving surveillance is costing $1,100/day for two divers, a support person, supplies and equipmeqt. The Bay Lake association is paying for some of the diving surveillance time. A September 15 meeting hosted by Mike George, a board member of the White Bear Lake (WBL) Conservation District, was attended by some 30 persons. Some lakes sent two to four persons each, such as Green Lake in Chisago County. A WBL preservation coalition read a position opposing use of 2.4d treatment. The only new milfoil infestation reported this year is at Sauk Lake. Fragments were found on the surface, but growing plants have not yet been located due to harvesting about the same time. It is a 2,100 acre lake. EURASIAN WATER MILFOIL TASK FORCE, 10/21/94, P. 3 Rules Governing Ecologically Harmful Exotic Species and Infested Waters are being prepared to replace emergency rules which have expired. These new rules will govern boat activity, water appropriation and transport of milfoil and other aquatic plants and animals. The rule making process is expected to be completed by 3/94. A DNR notice has been issued. Welling can provide further details to interested parties/groups. Comments on the rules adoption are encouraged. ZEBRA MUSSEL AND EXOTICS ACTION PLAN SUBCOMMITTEE REPORT. This report will be covered in separate minutes, Strommen advised. Exotic species coordinator Jay Rendall, MN DNR, provided a valuable update on the priorities and means of addressing the introduction and spread of aquatic exotics. U OF M FISHERIES RESEARCH ON WEEVILS. Newman reported that the field data gathered throughout the summer on Lake Minnetonka and other sites is being processed. A news feature presented by Reese regarding the Vermont State research paralleled information already known on the subject according to Newman. Vermont is a cooperator in studies being conducted by the U of M. FUTURE PRIORITIES. The MN Conservation Corps report in November and a recap of .the MN Lakes Association annual conference report on exotics were suggested to be immediate opportunities for Task Force explorations. An update on LMCD's contract service explorations will also be made. NEXT MEETING, ADJOURNMENT. Subsequent to this meeting, the November meeting has been proposed for THURSDAY, NOVEMBER 10, in order to accommodate the schedules of Tom Hagel and Chip Welling who will report on 1994 access monitoring for milfoil control. The meeting was adjourned at 10:15 am. Respectfully submitted, Euger~ R. Strommen Executive Director RECEIVED LAKE MINNETONKA CONSERVATION DISTRICT 980 E. Wayzata Blvd. Wayzata, MN 473-7033 NOVEMBER Tuesday, Thursday, 3 Thursday, l0 (Day Change) Friday, Saturday, Thursday, 17 Thursday, 24 Friday, 25 Monday, 28 MEETING SCHEDULE NOVEMBER & DECEMBER, 1994 Envelope Subcommittee 4:3Opm. #160 Norwest Bank Building Save the Lake Visious Subcommittee 4:30pm, #160 Norwest Bank Building Eurasian Water Milfoil Task Force 8:30am, #160 No,west Bank Buildiug %reteran's Day - ~ffice Closed Water Structures Committee 7:30am. ~i35 Norwest Bank Building Save the Lake Committee 4:3Opm. #160 No.west Bank Building Thanksgiving Day - Office Closed Floating Holiday - Office Closed Lake Use & Recreation Committee 5:30pm, #160 Norwest Bank Building DECEMBER Wednesday. 7 Monday, 26 Administrative Committee 6:30pm, Tonka Bay City Hall LMCD Board of Directors Regular Meeting 7:30pm. Tonka Bay City Hall Christmas Holiday Observed - Office Closed RECEIVF_:D I §g4 LAKE MINNETONKA CONSERVATION DI. STRICT Zebra Mussel and Exotics Action Plan Subcommittee Minutes 8:30 am, Wednesday, October 19, 1994 LMCD Office Conference Room #160 Norwest Bank Bldg., Wayzata Present: Herb Suerth, LMCD board, Woodland; John Batten, Hennepin Parks, Tom Frahm, LMLOA; Gary Montz, Jay Rendall, MN DNR; Executive Director Gene Strommen; MINUTES. Montz questioned the point Gary Nelson made for the MN Sportsfishing Congress (MSC) at the 9/14 meeting asking for more information on transporting aquatic plants on boats/trailers. Rendall says he believes from previous discussions that MSC is comfortable with the rules on e×otics transport except for heavy fines. MSC believes fines should be relative to the violation. Markell's report for DNR Trails & Waterways (T&W) was also commented on by Rendall. T&W Department personnel previously considered exotics a problem of Ecological Services, not so much one for them to be concerned with in access development. Meetings with MN Lakes Assn and the LMCD exotics subcommittee has helped their personnel to understand the exotics threat. The minutes were accepted as mailed. EXOTICS SPECIES PRESENTATION, JAY RENDALL, MN DNR EXOTIC SPECIES COORDINATOR. Rendall opened by noting that in his travel around the country he finds MN's efforts are among the most pro-active in dealing with exotics with the exception of california, which has major agriculture concerns with exotics, on land as well water. CA, for example, inspects boats coming into the state -- at stations already in place for other agricultural inspections. Rendall realizes more control is MN is still needed. FEDERAL LAWS were reviewed as detailed in Rendall's outline. Since zebra mussels have been found in the St Croix River, federal law is now being considered to enforce control of transport in the St. Croix River. STATE STATUTE prohibits transportation of zebra mussel, Eurasian and northern water milfoil. DNR is now in the process of preparing permanent rules to replace emergency rules. Draft MN Rules Chapter 6216 of 10/18/94 detailing the new rules were circulated. Copies are available through DNR (297-1464) or LMCD. Adoption is anticipated by March, 1995. STATE MANAGEMENT PLAN is being developed as an umbrella plan. It has been delayed due to the priority to develop plans for EWM and Flowering Rush. Rendall's outline provides details. ZEBRA MUSSEL AND EXOTICS ACTION PLAN SUBCOMMITTEE, Minutes, October 19, 1994, P. 2 ZEBRA MUSSEL plan drafted by Gary Montz will be incorporated in the umbrella plan. Watercraft cleaning was discussed. Use of portable boat wash units may be tested to determine public acceptance. They are expected to be costly. PUBLIC ACCESS regulation to control exotics has two exceptions: no closing of accesses and no fees at accesses. The surcharge fee goes from $5 to $3/boat for three years starting 1/1/97. The subcommittee was unanimous that even $5 is inadequate. Rendall sees the need to broaden funding to riparian, other benefitting property owners. The surcharge must be justified for its future continuation. Exotic species monitoring and watercraft inspection results for 1993 and 1994 were circulated. USE OP BOAT STICKERS to limit boat use to certain waters, infested or uninfested, was discussed. The conclusion was that such a system will be limited to what is politically, economically and socially acceptable by the legislature and the boat using public which influences them. A listing of public accesses in the state was circulated. Many private accesses are known to be heavily used. SURVEY of boater's travel habits is an area Rendall has an interest and will assist with their resources. Subcommittee members thanked Renda!l for his thorough and enlightening presentation. MN DNR REPORT, GARY MONTZ. The boater survey with Sea Grant will be coordinated with people expert in this area, Montz reported. It is believed that 20% of boaters travel from one water body to another within one to five days, and that these boaters do this about six times a year. This movement pattern suggests a definite potential for spreading exotics. H~rb Suerth supported some mechanism in boat registration for controlling the movement of boats from infested waters to uninfested waters. It was also pointed out that Congress is looking a new technologies for ocean ships to reduce/prevent exotics spread NEXT MEETING, ADJOURNMENT. The next meeting was proposed to be scheduled in January. There being no further business, the meeting was adjourned at 10:20 am. Executive Director MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION OCTOBER 24, 1994 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Bill Voss, Jerry Clapsaddle, Mark Hanus, and Lisa Crum; City Council Representative Liz Jensen; Building Official Jon Sutherland; and Secretary Peggy James. Commissioner Ed Surko was absent and excused. MINUTES The Planning Commission Minutes of October 10, 1994 were presented for approval. Lisa Crum noted that she was quoted as "Bird" three times within the minutes, and asked that her name be corrected. MOTION made by Hanus, seconded by Weiland to approve the Planning Commission Minutes of October 10, 1994 as amended. Motion carried unanimously. CASE #94-70: HAPPY GARDEN RESTAURANT, SANG CAM KY, 2212 COMMERCE BLVD., LOT 4, BLOCK 1, COMMERCE PLACE, PID 313-117-2433 0081. CONDITIONAL USE PERMIT FOR CLASS IV RESTAURANT,NON-INTOXICATING LIQUOR SERVICE RESTAURANT. CONTINUED PUBLIC HEARING. Building Official, Jon Sutherland, reviewed the Planning Report. At the last Planning Commission meeting, the conditional use permit for Happy Garden was tabled pending assembly of the parking history for the shopping center. When Commerce Place was proposed for development in 1985, a parking variance was approved by the City Council. Resolution #85-126 approved a variance of 58 stalls, and a variance in parking lot sizes. There is virtually no difference between the restaurant's parking requirement and a retail parking requirement for comparably sized space. For a 2,000 sq. ft. retail use, 13 parking spaces are required; restaurants require 1 parking space per 3 seats resulting in 14 required spaces for a seating capacity of 42. The restaurant itself is a permitted use under the zoning code and its parking demand is virtually identical to the retail uses included in consideration of the overall parking variance that was granted by the City. If the City has concerns about parking at Commerce Place, they should be addressed as a separate action from the Happy Garden conditional use permit request. Two courses of action could be pursued: first, it should be determined if the church parking lot north of Commerce Place is being used for off-site employee parking, and second, Mound could work with JRW Properties to establish 2 or 3 short term parking spaces near the rear entrance of the center adjacent to the Happy Garden Restaurant for customers picking up take-out orders. Planning Commission Minutes October 24, 1994 Approval of the conditional use permit for the Happy Garden Restaurant is recommended, contingent on the following conditions: Happy Garden Restaurant shall comply with all applicable building, health and fire code requirements. Garbage and waste from the restaurant shall be handled and disposed of in conformance with applicable ordinance requirements. The granting of this conditional use permit allows operation of the restaurant only, liquor service shall be in conformance with the licensing requirements of the City of Mound. The applicant's were not present, and no other people were present to speak on the issue. Chair Michael opened the issue for discussion. Hanus clarified that this proposed restaurant requires virtually the same number of parking spaces as a retail use would in the same space. He questioned if Commerce Place was a member of the Central Business District (CBD) Parking Program when this development was approved. Mueller commented that there is a parking problem at Commerce Place, however, the information supplied in the most recent Planning Report satisfies his concerns about Happy Garden creating an additional burden to the parking situation because the parking requirements are basically equal to that of retail space. Mueller would, however, like a response from the City Attorney regarding the statement in Resolution #85-126: "The applicant shall be required to enter into negotiations with other land owners to provide employee parking outside the boundaries of the Town Square parcel." Mueller questioned, how does the City deal with this? how does the City know if the church parking lot is being utilized? and, how can we require JRW Properties to deal with the parking situation now? It was noted that the statement in Resolution #85-126 refers to the control of "employee" parking only. Weiland informed the commission that he conducted his own personal survey which indicated that the cars parked at the rear of the building are indeed employee vehicles, and that no vehicles were parked in the church lot. Sutherland commented that several site inspections were made to observe existing conditions, and that there appeared to be adequate parking spaces available. 2 Planning Commission Minutes October 24, 1994 MOTION made by Voss, seconded by Crum to recommend approval of the Conditional Use Permit for a Class IV Restaurant for Happy Garden, as recommended by staff. Motion carried unanimously. Jensen requested that the resolution reflect a "Whereas" indicating that parking is not an issue because the parking requirements for this type of restaurant is virtually equal to the parking requirements for retail space. Crum noted that she would have appreciated the applicant's attendance at the meetings. The Commission further discussed how the City can request compliance to the statement in Resolution #85-126. Jensen indicated that she can raise the issue to the City Council. Mueller clarified that the Commission would like to know if negotiations have been attempted, and if so, what was the result, and how can this be dealt with. CITY COUNCIL REPRESENTATIVE'S REPORT City Council Representative Liz Jensen reviewed the City Council Minutes of October 11, 1994, and the agenda for the October 25, 1994meeting. Relating to the recent amendments to the Zoning Ordinance, the Commission requested the Secretary to supply them with updated pages for their Zoning Ordinance books. MOTION made by Weiland, seconded by Voss, to adjourn the meeting at 8:17 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 3 CABLEVISION 1504 2nd St. S.E., P.O. Box 110, Waseca, MN 5609' 507/835-5975 FAX 507-835-456~ October 24, 1994 RECEIVED Edward Shukle, Jr. City of Mound 5341 Maywood Rd. Mound, MN 55364 Dear City Clerk/Administrator: This is to notify you that a new line item will appear on subscriber's cable bills beginning in December of 1994. The line item will appear as "Regulatory Fee" and will reflect the per-subscriber fee the Federal Communications Commission is now assessing cable operators to defray the cost of regulating the cable industry. This annual regulatory fee is being assessed by the FCC for 1994 at the rate of $.37 per subscriber. Regulatory fees for 1994 will be assessed over a ten month period at the rate of $.03 per month for the first three months of 1995 and $.04 per month for the next seven months. The first $.03 charge will appear on the cable bill subscribers will receive in December. Subscribers will receive 30 day prior notification of this regulatory fee line item in their November cable bills. CITY OF MOUND CENTRAL BUSINESS DISTRICT (CBD) ASSESSMENT JULY Lv 1993 - JU1TE 30v 1994 SNOW PLOWING & REMOVAL PARKING LOT LEASES TOTAL TO BE ASSESSED $ 5,503.25 $ 8,887.95 $14,391.20 City of:MoUnd JUly 1, 1993- June 30, 1994 Listof Expendi~ms CSD ~ Date Paid Check ~ Vendor Description 09/06/94 cbd-94 Amount 02-22- 94 05-24-94 12865 Widmer Inc 13433 Widmerlnc Plowing Plowing 5.297.00 206.25 Amount to be Assessed: ~5,503,25 m 0 League of Minnesota Cities 11:19 3490 Lexington Avenue North St. Paul, MN 55126-8044 No.O02 P .01 November 2, 1994 Dear NI.C Direct Member City; In less than a month, city officials from across the country will come to Minnesota for thc NLC Congress of Cities. Thc NLC and thc city of Mhmcapolis have asked thc League of Minnesota Cities to help recruit volunteers to work at tile conference. The volunteer opportunities don't require a huge time commitment and give city officials the chance to meet and talk with their counterparts from other states. By serving as volunteers, city officials may attend non-ticketed conference s~sions even if they haven't registered for the conference. Volunteers are also eligible for a 10 to 25 percent discount at Dayton's on Host City Night, December 4. Conference attendees will arrive between November 29 and December 1 and greeters m'e nccdexl at the airport to extend a warm Minnesota welcome. Greeters will welcome visitors, provide information, and direct people to the baggage claim areas, taxi stand, hotel shuttles, etc. This is a perfect opportunity for a group ofollicials from your city to volunteer for a time slot and personalize your greeting with hats, shirts, etc. A second volunteer opportunity will come during the conferc/ace'where badge checkers are needed to check badges of people going into specific events. Because the time commitment for badge checkers is short, city officials already present could easily handle this task. A schedule of volunteer times is attached. I urge you and your city to take advantage of this unique opportunity. If you would like to volunteer for an event, or if you have any questions, call Tim Busse at the League of Minnesota Cities at (612) 490-5600 or (800) 925-1122 plus your city code. Sincerely, Chuck Winkelm.an President, League of Minnesota Cities Mayor, St. Cloud AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (§ 12) 490.5600 1400-925-1122 plus yom' city code ?bi) (612) 490-9038 Fax (612) 490.0~ 72 I-Ei4GUg OF '~iN CI"i'IES"' TI~'L:61~'-490'-O072 ........ Nov 02 94 11:20 No.O02 P.02 Volunteer Schedule NLC ConRress of Cities Airport Greeters Date Tuesday, November 29 Wcdnesday, November 30 Thursday, December 1 Friday, December 2 Saturday, December 3 Time noon to 5:00 p.m. 5:00 p.m. to 9:00 p.m. 8:00 a.m. to noon noon to 5:00 p.m. 5:00 p.m. to 9:00 p.m. 8:00 a.m. to noon noon to 5:00 p.m. 5:00 p.m. to 9:00 p.m. 8:00 a.m. to 1:00 pan. 1:00 p.m. to 5:00 p.m. 8:00 a.m. to noon Badge Checkers Date Friday, December 2 Saturday, December 3 Sunday, December 4 Time 10:15 a.m. to noon 11:45 a.m. to 1:30 p.m. 1 l:45 a.m. to 12:45 p.m. League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 October 26, 1994 Dear League Members: I am pleased to submit the accompanying draft 1995 Legislative Policies for your consideration. This year, the League followed a new format designed to identify the most important concerns of cities and to translate those concerns into legislative priorities. Rather than simply amending previously adopted policies, many of which had been in place for a number of years, the policy committees were asked to start with a clean slate. Their first task was to identify problems within their respective areas that cities face or are likely to face in the near future. Once there was agreement on the problem definitions, solutions, usually in the form of legislative initiatives or policies, were created. You will note from the accompanying policy document that it is considerably shorter and, we believe, more focused than in previous years. It will allow the League's membership and staff to concentrate on those issues of most critical importance. Your input is crucial to this process. The League needs your reaction to the definition of problems and the proposed solutions. With that input, along with comments received from the various policy committees, the League Board will be in the best position to make decisions about the content of the 1995 Legislative Action Agenda. On behalf of the Board of Directors and staff, please accept my sincere thank you for your contribution to this most important process. Sincerely, Chuck Winkelman President al& (612) 490-5600 1-800-925-1122 plus your city code TDD (612) 490-9038 Fax (612) 490-0072 CONTENTS Letter from the League President General Policy Statement League Staff ......................................... iii Legislative Policy Committee Members ............. ' ' ' ' v Policy Development Process ....................................... vii Statement of Intent ............................................. viii PART I -- 1995 POLICY GUIDELINES Improving Community Life CL-1. Liveable Communities PART II -- 1995 PROPOSED POLICIES Improving Service Delivery SD-1. SD-2. SD-3. SD-4. SD-5. SD-6. SD-7. Unfunded Mandates Personnel ............................................. 3 Environmental Protection Absentee Voting .............. ' ' 4 Presidential Primary Voter Designation ......................... 5 Election Judges ......................................... 5 Local Government Cooperation and Collaboration ................. 5 Improving Local Economies LE-1. LE-2. LE-3. LE-4. LE-5. LE-6. LE-7. LE-8. LE-9. LE-10. LE-11. LE-12. LE-13. LE-14. LE-15. LE-16. Workers' Compensation ................................... 6 Growth Management and Annexation .......................... 7 Metropolitan Leapfrog Development ........................... 7 Planning Enabling Statutes State Development Strategy ................................. 8 City Cooperation With Counties and Schools in Economic Development . . 8 LGA/HACA Penalties for Using TIF .......................... 9 Restrictions on Revenue to Pay LGA/HACA Penalties 9 Economic Recovery Grant Program Funding From LGA~' l~;n'ai¢' i i 10 State Funding for Economic Recovery Grant Program ............... 10 City Involvement with Telecommunications Providers ............... 11 Telecommunications as an Economic Development Opportunity ........ 11 Local Permitting Authority for Telecommunications ................ 12 Adequate Funding for Transportation .......................... 12 Turnbacks of County and State Roads .......................... 12 Cooperation Between Counties and Cities Over County Roads Within Cities i995 City Policies LE-17. State Aid for Roads in Cities Under 5,000 ....................... 13 LE-18. LE-19. LE-20. State Aid for Urban Road Systems ............................ 14 Tax Policies to Encourage Housing ........................... 14 State Programs to Encourage Housing .......................... 14 Improving Fiscal Futures FF-1. FF-2. FF-3. FF-4. FF-5. FF-6. FF-7. FF-8. FF-9. FF-10. Local Government Aid .................................... 15 HACA Growth ......................................... 15 Transfers of LG,&HACA to Schools ........................... 16 Levy Limits ........................................... i6 Levies on Market Value ................................... 16 State Deductions from LGA ................................ 16 Payments for Services to Tax Exempt Property ................... i 7 Delinquent Property, Tax Penalties ............................ 17 Reporting Requirements ................................... 17 Truth-in-Taxation ........................................ 17 This policy is sent on to the membership without a recommendation from the Legislative Committee FF-11. Alternative Local Revenue Sources ............................ 18 ii League of Minnesota Cities General Policy Statement One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle for cities to define common problems and develop policies and proposals to solve those problems. The League of Minnesota Cities represents 811 of Minnesota's 856 cities as well as 10 urban towns and 24 special districts. All sizes of communities are represented among the League's members (the largest nonmember city has a population of 149) and each region of the state is represented. The policies that follow are directed at specific city issues. Two principles guide the development of all League policies. There is a need for a governmental system which allows flexibility and authority for cities to meet challenges of governing and providing citizens with services while at the same time protecting cities from unfunded or underfunded mandates, liability or other financial risk, and restrictions on local control; and The financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal, state, and local governments. This partnership particularly in the areas of finance, development, housing, environment, and transportation is critical for the successful operation of Minnesota's cities and the well-being of city residents. 1995 City Policies !!! LEAGUE STAFF WORKING WITH STATE AND FEDERAL ISSUES Jim Miller, Executive Director Mandates Gary Carlson, Director of Intergovernmental Relations General revenue sources for cities including aid to cities and the property tax systems, fiscal administration of cities, economic development and redevelopment, transportation Duke Addicks, Director of Member Services Policy formulation, fiscal issues, government innovation and cooperation Stan Peskar, General Counsel Pensions Joel Jamnik, Senior Intergovernmental Relations Representative Growth management and land use, environmental protection, personnel and labor relations, public safety, general municipal goverx~a.".~.e, transportation Ann Higgins, Intergovernmental Relations Representative Telecommunications, housing, elections and ethics, utility service districts, transportation iv League of Minnesota Cities Legislative Policy Committee Members Improving Community Life Robert Benke, Chair, Mayor, New Brighton Greg Sparks, Vice Chair, City Administrator, Worthington Tom Baldwin, Mayor, Falcon Heights Jack Barlow, Councilmember, Lauderdale Jan Callison, Councilmember, Minnetonka Joan Campbell, Councilmember, Minneapolis John Doyle, Councilmember, Marshall Sharon Feess, Councilmember, Brooklyn Park Fran Hesch, Councilmember, Hopkins Elizabeth Kautz, Councilmember, Burnsville Mac McBride, Finance Director, St. Louis Park Roberta Megard, Councilmember, St. Paul Nancy Mikitta, Council President, Red Wing Larry Nicholson, Councilmember, Moorhead Wayne Oak, Mayor, Sandstone John Olinger, City Administrator, Mahtomedi Joy Robb, Mayor, Robbinsdale Jolie Sasseville, Public Information Officer, Fergus Falls Director, Hopkins Duane Hebert, City Administrator, Kenyon Joe Heinen, Clerk/Treasurer, Sauk Centre Dick Hierstein, City Administrator, Owatonna Jon Hohenstein, Assistant to Administrator, Eagan Jim Hurm, City Administrator, Shorewood John Hustad, Councilmember, Falcon Heights Matthew Hylen, City Administrator, Hector Ron Johnson, City Administrator, Zumbrota Greg Konat, City Manager, Bumsville Richard Krier, City Planner, Greenfield Lynn Lander, City Administrator, Hermantown Scott Larson, Clerk-Administrator, Cambridge Michael Martin, Community Development Director, Caledonia Jean McConnell, Councilmember, Rochester Charles Meyer, City Manager, St. Louis Park R. David Miller, Economic Development Director, Dodge Center Kathleen Miller, City Administrator, Lauderdale Ron Moorse, City Administrator, Orono Robert Morgan, City Administrator, Branch Betty Sindt, Councilmember, Lakeville Dean Swanson, Councilmember, Crosslake Improving Local Economies Kevin Frazell, Chair, City Administrator, Cottage Grove Rosemary Given Amble, Vice Chair, Councilmember, Bemidji Ronald Anderson, Mayor, Blooming Prairie Chuck Armstrong, Intergovernmental Relations Bruce Nawrocki, Councilmember, Columbia Heights James Norman, City Administrator, Renville Barb O'Neal, Mayor, Oak Park Heights Bruce Peterson, Director, Planning & Development Services, Willmar Dale Powers, City Administrator, Albertville Steve Sarkozy, City Manager, Roseville Terry Schneider, Counciimember, Minnetonka Ryan Schroeder, City Administrator, Ramsey Doug Schulze, City Administrator, Sandstone Robert Skillings, Councilmember, New Ulm Assistant, St. Paul Cathy Bennett, Economic Development Coordinator, Mounds View Jerry Bohnsack, City Administrator, New Prague Gerald Brever, City Administrator, Staples Bruce Bullert, Director, Public Works/City Engineer, Savage Thomas Burt, City Administrator, Rosemount Bonnie Carlson, Assistant City Manager, Prior Lake Jackie Cherryhomes, Council President, Minneapolis Romeo Cyr, Mayor, Red Wing Marsha Soucheray, Councilmember, Shoreview Ginny Sterling, Councilmember, Apple Valley Terry Stone, Mayor, Madelia Robert Therres, City Administrator, Sartell William Thompson, Mayor, Coon Rapids Joy Tierney, Mayor, Plymouth Craig Waldron, City Administrator, Oakdale Tom Wenner, City Attorney--Rice, Richmond, Royalton, Rockville, Pierz Denny Wilde, City Administrator/Economic Development Director, Mountain Lake James Daniels, Administrator, Lake Minnetonka Communications Commission, Excelsior Dan Donahue, City Manager, New Hope Joe Enge, Councilmember, Brooklyn Park Michael Ericson, City Administator, Watertown Brian Fritsinger, Community Development Director, Arden Hills Jim Froehle, Public Information Specialist, Fridley Matt Fulton, City Manager, New Brighton Tom Harmening, Community Development City Policies John Young, Mayor, Hawley Betty Zachmann, Clerk-Treasurer, Winsted Bob Zagaros, Councilmember, Robbinsdale Improving Fiscal Futures LaNelle Olsen, Chair, Councilmember, Northfield Karen Anderson, Mayor, Minnetonka William A. Bassett, City Manager, Mankato Lynn Becklin, Councilmember, Cambridge V Doug Bunkers, City Administrator, Luverne Edward Burrell, Finance Director, Roseville Gino Businaro, Finance Director, Mound Jerry Clementson, Councilmember, Owatonna Terry Dussault, Assistant to City Manager, Blaine Ray Faricy, Intergovernmental Relations Director, St. Paul Dan Faust, Finance Director, Maplewood Steve Froehlich, Councilmember, Lauderdale Kathleen A. Gaylord, Mayor, South St. Paul Alvin J. Gruis, Councilmember, Rushmore Francis D. Hagen, Sr., City Manager, Robbinsdale Lyle Hanks,Mayor, St. Louis Park Terri Heaton, Deputy Director Admininstrative Services, Bloomington Susan Hoyt, City Administrator, Falcon Heights Greg Isaackson, Clerk-Treasurer, Cottonwood Barbara Jeanetta, Assistant to City Manager, New Brighton Larry Jerviss, City Administrator, Houston Darrel Johnson, Director of Finance, Winona Jim Keinath, City Administrator, Circle Pines Dave Kennedy, City Attorney Cry. stal/Sandstone Duane Kntitson, Mayor, Fertile Roy Kruger, Mayor, Byron Jean M. Lane, Finance Director, Grand Rapids Sharon S. Legg, Finance Director, Coon Rapids Millie MacLeod, Councilmember, Moorhead Glenn McKee, Councilmember, Burnsville Steven C. Mielke, City Manager, Hopkins John Moir, City Finance Officer, Minneapolis Ed Mlynar, Mayor, Lester Prairie Gary. Neumann, Assistant Git5.' Administrator, Rochester Karl Nollenberger, Chief Administrative Officer, Duluth Steven B. Okins, Finance Director, Willmar Steven L. Perkins. Council Administrator, Red Wing John W. Remkus, Finance Director, West St. Paul Alcuin Ringsmuth, Mayor, Waite Park Mark Sievert, City Manager, St. James James W. Smith, Councilmember, Independence Brad Swenson, City Administrator, Wadena David Mark Urbia, City Administrator, Blue Earth Gene VanOverbeke, Finance Director-City Clerk, Eagan Dan Vogt, City Administrator, Brainerd Improving Service Delivery Michael McCauley, Chair, City. Manager, Waseca Joyce Twistol, Vice Chair, Clerk/Personnel Dir., Blaine Kurt Anderson, Mayor, Crosslake Neill Atkins, Councilmember, Duluth Richard Bradford. Administrative Superintendent, Hoyt Lakes Janel Bush, Federal Liaison, Minneapolis Ralph Campbell. Communications. Edina Francene Clark/Leisinger, City Clerk, Mound Patricia Crawford, Clerk-Treasurer, Motley Timothy Cruikshank, Assistant to Administrator, Mounds View Jeff Dains, Mayor, Lauderdale Craig Dawson, Assistant to Manager, Eden Prairie Jerry Dulgar, City Manager, Crystal Thomas Ferber, City Clerk. Richfield Kelly Frawley, Assistant to Administrator, Cottage Grove Sue Gehrz, Councilmember, Falcon Heights Jim Genellie, Assistant City Manager, Hopkins Theresa Goble, Deputy City Clerk. Brainerd Jean Gramling, Administrative Assistant, Savage Carole Grimm, City Clerk, Rochester Ken Hartung, City Administrator. Bayport Les Heitke, Mayor Pro Tempore. Willmar Sue Hess, Councilmember, St. Cloud Joyce Iverson, Clerk-Rushford Village, Rushford Mike Johnson, City Administrator. Marshall Marvin Johnson. Mayor, Independence Tom Kedrowski, Councilmember, Prior Lake Laura Kushner, Personnel Director. Roseville Sharon Leintz, City Clerk, Maple Lake Ann Lenczewski, Councilmember. Bloomington Joe Lynch, City Administrator, Long Lake Cathy Magnus, Cleric;Administrator, Slayton Myrna Maikkula, City Clerk, Brooklyn Park Mary Mueller, City Clerk, App!z Valley Molly O'Rourke, City Clerk. St. Paul Desyl Peterson, City Attorney, Minnetonka Ronald Rogstad, Administrative Services Director, Oakdale Charlotte Samuelson, Councilmember, New Brighton Dan Scott, CiD' Manager, North St. Paul Jill Shorba, Human Resources Manager, Burnsville Jeanette Sobania, Personnel Coordinator, Plymouth Glenda Spiotta, Administrator, Sunfish Lake Jerry Splinter, City Manager, Brooklyn Center Blair Tremere, Mayor, Golden Valley Kurt Ulrich, City Administrator, Champlin Mark Voxland, Councilmember, Moorhead Liz Witt, Administrative Assistant, Eagan Krista Witty, MVCOG Executive Director, Mankato Wally Wysopal, Assistant to Manager/Personnel Officer, St. Louis Park vi League of Minnesota Cities League of Minnesota Cities Policy Development Process The League's policy development process has taken place over the past five months. The process began with a member survey of priority issues facing city officials. The process will not end with the Policy Adoption Conference. The committees will schedule additional meetings during the upcoming legislative session to discuss additional issues, develop alternative solutions, and to discuss strategies to implement the League's policies. Listed below is a brief chronology of the major events in the policy development process. At each step, members have the opportunity to participate in the development process. Late May- The League solicits members for ideas and problems. A survey at the Annual Early June Conference allows members to formally suggest topics. June The League President accepts applications for committees and appoints policy committee members. The policy committees are: Improving Community Life Improving Service Delivery Improving Local Economies Improving Fiscal Futures July Committees meet to discuss issues raised in member survey. Committees may also form task forces to more thoroughly study specific issues. Task forces can include noncity members with a knowledge of the focus issue. August through September Committees and task forces meet to discuss issues and problems, accept testimony, and develop policy statements. October Legislative Committee meets to finalize policies. The Legislative Committee is comprised of the League's Board of Directors and the chairs of the four League policy committees. November Policy Adoption Conference. Members have the opportunity to discuss the draft policies, propose changes, and suggest additional policies for membership consideration. December The Board adopts the Legislative Action Plan, based on input from the Policy Adoption Conference. January through June Legislative Session. During the session, the policy committees and task forces will continue to meet on issues and strategies. Members can assist the League's legislative efforts by volunteering to contact legislators on the variety of issues of interest to our cities. 1995 City policies vii PROPOSED POLICIES OF THE LEAGUE OF MINNESOTA CITIES Statement of Intent There are many problems which limit the effectiveness of city government to improve community life, improve the fiscal future and service delivery of city government, and to improve the local economy. What follows are statements of the problems facing cities and the solutions proposed to help resolve these problems. These statements of problems and proposed solutions form the policy of the League of Minnesota Cities. Additional and alternative solutions to these problems may be proposed after the Policy Adoption Conference and the members of the League authorize its Board of Directors to consider and support additional or alternative solutions, if necessary, to resolve the problems identified in this policy statement. VIII League of Minnesota Cities Part I 1995 Policy Guidelines IMPRO~G COMMUNITY LWE CL-1. Liveable Communities To the greatest extent possible, legislation affecting communities at the state and federal level should enhance, not diminish, the ability of citizens, businesses, and local governments to work together in partnership to make every community "liveable." PROBLEM: Cities in Minnesota are at various stages in meeting the goal of being "liveable communities." SOLUTION: The definition of a "liveable community" below will be used to evaluate proposed legislation to determine whether or not it advances the goal of enabling all Minnesota cities to become liveable communities. It should also be used by cities to evaluate their progress toward the goal of becoming liveable communities. A LIVEABLE COMMUNITY IS: WHERE PEOPLE OF ALL AGES share a core of common values including valuing diversity, respect for each other, and good citizenship feel: * safe * a sense of belonging * welcome engage in life-long learning activities that: * prepare them for responsible citizenship * enhance the enjoyment of life * prepare them for changing job markets · participate in the decision-making process of community leaders · celebrate community · want to make their home have access to: * good paying jobs * adequate and affordable housing * choice of efficient transportation systems including transit, pedestrians, and bicycles 1995 City Policies * gathering places * desired information * choice of cultural and recreational activities * affordable goods and services, including health care are involved in the nurturing of children care about their homes, community, and the environment get to know each other have the benefit of strong family support and nurturing adults WHERE LOCAL GOVERNMENT · is willing to respond to the needs of its citizens · is actively supported by emhusiastic volumeers · is open and user friendly · offers opportunities to anyone who wants to get involved · encourages and practices cooperation and collaboration · provides and maintains an adequate infrastructure to meet local neects League of Minnesota Cities Part II 1995 Proposed Policies IMPROVING SERVICE DELIVERY SD-1. Unfunded Mandates Problem: The cost of federal and state mandated programs substitute the judgment of Congress and the President and the Legislature and the Governor for local budget priorities. These mandates force cities to reduce funding for other basic services or to increase taxes and service charges. Solutions: No additional mandates should be enacted unless the funding for the mandate is provided by the level of government imposing it or a permanent stable revenue source is established. Cities should not be forced to comply with unfunded mandates. Cities should be given the greatest flexibility possible in implementing mandates to ensure that their cost is minimized. SD-2. Personnel Problem: A wide variety of state and federal laws have increased the cost of providing city service to residents by requiring city governments to provide certain levels of compensation, benefits, or working conditions and limiting city governments' ability to effectively manage their personnel resources. Solutions: The federal and state governments should not continue to pass laws regulating the private and public sector workplace without a full understanding of the consequences of each proposal and sufficient safeguards for city taxpayers. State and federal policymakers should enact reforms which reduce city governments' personnel costs and/or increase their ability to deliver services efficiently. Specifically: Eliminate or modify state mandates such as veterans' preference and civil service which restrict the ability of local governments to effectively discipline public employees. Specifically, no public employee should be entitled to more than one review of a disciplinary action, and no employee should receive full pay for more than 14 days pending their decision to appeal a local government's proposed disciplinary action. Modify public sector bargaining laws to restrain arbitration awards which exceed other internal class comparisons or outside cost of living limitations. Revise public employee pension laws to facilitate consolidation of local pension 1995 City Policies 3 plans and the transition to more attractive and fiscally sound pension programs such as defined contribution plans. Fully consider public employers' financial and operational impacts in any workplace legislation such as health reform, public safety, and OSHA. SD-3. Environmental Protection Problem: State and federal environmental programs are improperly designed to meet their stated goals, and impose an undue burden on local governments because of a lack of federal or state financial assistance. The refusal to finance these programs by the governments which pass them has eliminated an essential restraining feature in program design and implementation. Specific problems include: Fragmented program adoption and implementation does not ensure prioritization of environmental matters or the establishment of comprehensive environmental protection strategies. "One size fits all" implementation programs force remedial efforts by local governments for nonexistent environmental problems. Permit fees and other cost transfer elements of federal and state programs do not provide an incentive for environmental agency efficiency, policy prioritizadon, or risk assessment. Solutions: · Cities should not be required to comply with any unfunded mandate. Permit fees should be limited to fifty percent of the agency's direct operating costs. A comprehensive effort to consolidate, reorganize, and manage state and federal environmental programs should be required. SD-4. Absentee Voting Problem: Absentee voting is overly complicated and results in rejection of significant numbers of ballots, while adding to local administrative responsibilities. Solution: Absentee voting procedures can be streamlined and made more "user friendly." Adopting reforms proposed in the 1993-94 legislative session will increase the 4 League of Minnesota Cities number of ballots returned as well as the number that are accepted. In addition, reforms will decrease current local administrative burdens and costs. SD-5. Presidential Primary Voter Designation Problem: Lack of voter interest and anger over political party designation requirements (to receive a ballot) have resulted in poor mm-out for the presidential primary as well as increased local election costs. Solution: The presidential primary is a political activity in which voters indicate preferences for presidential candidates of major political parties. Cities are not the appropriate level of government to take responsibility for administering the balloting process. In 1996, cities prefer to see the state conduct the primary using a statewide mailed ballot for which any local administrative costs will be fully compensated. In addition, the state should redesign the precinct voter rosters indicating which political party ballot voters select to safeguard voter privacy and ensure accurate recording of voter ballot selection. Finally, the state should fully fund the presidential primary and, if necessary, charge major political parties whose candidates appear on the ballot for an appropriate share of expenses incurred. SD-6. Election Judges Problem: Requirements for local election judge political party balance (at polling locations) creates barriers to the effective recruitment of interested persons to serve at polling places. Restrictions on parents-children-spouses serving at the same location do likewise. Solution: The legislature should institute a nonpartisan method for recruiting those interested in serving as election judges. SD-7. Local Government Cooperation and Collaboration Problems: Some of the most difficult barriers to intergovernmental cooperation result from geography, demographics, and political traditions rather than f'mancial considerations. In the past, fiscal and political pressures have resulted in shifting responsibility for the operation and costs of programs to cities without funding. State policymakers have also often failed to give cities credit for their extensive involvement in cooperative agreements with other units of local government to change responsibilities for funding and delivering services. Solutions: The federal, state, and county governments should: ® Communicate and establish a process of negotiation before shifting responsibility i995 City Policies 5 for delivering services from one level of government to another or seeking to reduce service duplication. Transfer authority for use of revenues dedicated to such programs or provide appropriate and adequate alternatives. Strive to improve services, reduce costs, and encourage innovations in the delivery of services. Acknowledge that services delivered through cooperative agreements do not always result in providing the public with reduced costs. Cities should: Initiate discussions with state and other local units of government to identify burdens for taxpayers resulting from overlapping services as well as opportunities for cooperation and collaboration. Document and publicize efficient and effective service delivery, including use of mutual aid agreements and other intergovernmental collaboration. Explore methods for improving services, reducing costs, and encouraging innovative approaches to overcome barriers to intergovernmental cooperation. The League should: Encourage cities and other units of local government to exp!ere opportunities to negotiate which unit should be responsible to fund and deliver services or collaborate on service delivery when appropriate. Provide technical and educational resources and opportunities for cities to overcome barriers to reaching cooperative agreements and/or consolidation with other local units of government. IMPROVING LOCAl. ECONOMIES LE-1. Workers' Compensation Problem: Minnesota's workers' compensation has been identified by business advocates as one of the primary impediments to business expansion and job creation in our state. Cities and their officials are concerned about the system's impact on economic development and on the direct cost to local government taxpayers of providing benefits to employees. Solutions: In cases where Minnesota is less competitive than neighboring states with 6 League of Minnesota Cities regard to workers' compensation costs, the Legislature should act to adjust benefits, regulate insurance companies, or take any necessary action to put us in line with neighboring states. Minnesota's system can be made more efficient and less costly: the Legislature should act regardless of our comparative standing. The State Department of Trade and Economic Development should develop a plan to assist local development officials in addressing the workers' compensation concerns of business people considering location, relocation, and expansion decisions. LE-2. Growth Management and Annexation Problem: Unplanned urban growth outside of city boundaries has a negative environmental, fiscal, and governmental impact for cities, counties, and state governments. Solution: Further urban growth outside city boundaries should be restricted and the annexation of urban land to cities should be facilitated. Specifically, the League recommends the following: the preservation of natural resource areas and prime agricultural land should be encouraged and the development of such land outside designated growth areas to be served by a city should be discouraged. cities should be given broader authority to extend their zoning, subdivision, and other land use controls up to two miles outside the city's boundaries regardless of the existence of county or township controls, in order to ensure conformance with city facilities and services. state statutes regulating annexation should make it easier for cities to annex developed or developing land within unincorporated areas which the annexing city has designated as a growth area. LE-3. Metropolitan Leapfrog Development Problem.. Urban growth is also occurring outside the metropolitan governance area in a manner which might have a significant impact on metropolitan systems, somewhat encouraged perhaps by growth management controls adopted within the metropolitan area. Solution: The legislature should study the impact of development moving outside the seven county metropolitan area as a reaction to Metropolitan Council growth management programs and require land use controls which reduce leapfrog development. City Policies 7 LE-4. State-wide Planning Policy Problem: A renewed concern about urban development has resulted in a necessary review of the existing framework for restricting or guiding development through local plans and controls adopted by local governments, and has led some to suggest that the answer lies in the adoption of a comprehensive state-wide planning process. Solutions: The League believes that the existing framework for restricting or guiding development primarily through local plans and controls adopted by local governments should not be substantially modified, however: the state should provide additional financial and technical assistance to local governments for voluntary, cooperative planning and growth management issues. the state should clearly establish the public purposes served by existing state-wide controls such as shoreland zoning and wetlands conservation and fully defend and hold harmless any local government sued for a "taking" as a result of executing state land use policies. LE-5. State Development Strategy Problem: The state has not clearly acknowledged the valuable role cities play in developing and maintaining the economic health of the state and the financial risks cities take in these efforts. Solution: A state development strategy should be established by the Legislature and the Governor to promote job creation, redevelopment and prevention of blight and decay, pollution clean up, and provision of adequate housing opportunities. In a partnership between the state and cities, cities should be given the authority to locally implement the state's development policy. LE-6. City Cooperation With Counties and Schools in Economic Development Problem: Counties and schools frequently want to play a greater role in cities' development decisions. Solution: Cities should develop an economic development strategy in consultation with counties and schools. The "review and conunent" requirements of the current tax increment financing law should continue to be used to educate and involve other local governments and local legislators about proposed development projects. Counties and school boards should respond to overtures for evaluation and participation, and should take advantage of all available informational opportunities. 8 League of Minnesota Cities Because of the effect of decisions by counties and schools on city development activities, these boards should also confer with cities regarding their plans for capital and tax levy decisions. LE-7. LGA/HACA Penalties for Using TIF Problem: The LGA/HACA aid penalties have resulted in fewer, smaller, cheaper, and less challenging tax increment financing (TIF) districts being created. Although the use of TIF generally improves the state's tax base and economic vitality, cities are now penalized for trying to create jobs, redevelop decay, or clean up pollution. Solution: The aid penalty is punitive and should be eliminated. "But for" tax increment financing, development, redevelopment, pollution clean up, and housing creation would not have occurred and benefitted the state's economy. The state does not impose the penalty on qualified housing and hazardous substance subdistricts, and these penalties should be removed on all other districts. All economic development (manufacturing) districts should be exempt because they are necessary to attract new jobs to the state, and particularly to support the economic viability of smaller rural cities. Hazardous substance subdistricts and soils condition districts are needed across the state to clean up pollution to protect the state's environment and to create viable development opportunities within developed cities and should not be subject to any penalty. Renewal and renovation districts should also not be penalized because they offer the best opportunity for proactive efforts to prevent blight and redevelop decaying urban areas. The phased-in penalty on redevelopment districts restricts the ability of cities to address the problems of advanced urban decay and blighted neighborhoods. LE-8. Restrictions on Revenue to Pay LGA/HACA Penalties Problem: There are many restrictions on the sources of revenue available for cities to use to pay the LGA/HACA penalty that is imposed on most new TIF districts. Solution: If the LGA/HACA penalty is intended to reimburse the state for additional costs for the school aid program, state restrictions on the source of the "penalty" are not appropriate. There should be no limitations on the city's payment of the penalty; tax increments, developer participation, or other sources should be eligible. 1995 City Policies 9 J ,,i 11 I I, ill ~ ~l,, LE-9. Economic Recovery Grant Program Funding From LGA/HACA Penalty Problem: The LGA/HACA aid penalty is preventing many valuable development and redevelopment efforts. Solution: If the state chooses to continue to impose a penalty for the use of TIF, these local funds should be contributed to the Economic Recovery Grant Program. These funds would then be available for cities across the state to retain businesses in the state and to pursue business looking to relocate from other states. LE-10. State Funding for Economic Recovery Grant Program Problem: The Economic Recovery Grant program is not adequately funded. The state does not authorize an adequate slate of tools for local governments to assist job creation, redevelop blight and decay, and provide adequate housing choices. Cities are not well equipped to compete nationally and internationally for business development. Solutions: Cities should be given authority for property tax abatements as another economic development tool. The precedent for abatements has already been established by the "this old house" program, the contamination tax, and the enterprise zone program. In addition, Minnesota counties support authorization for an abatement program. Information from the Minnesota Pollution Control Agency (MPCA) should be used to determine the remediation needs across the state to provide immediate guidance for the distribution of Contamination Clean-Up Grants. The state should commit the resources necessary to address the pollution that has been identified and acknowledge that this program offers the best opportunity for clean up of non-Superfund sites. The Economic Recovery Grant Program should be given twice its current funding and establish clear rules to govern its use. The state and federal funds that fund this program should also be spread over the year to help ensure that projects across the state have access to the grants. The federal government should triple the current appropriation for the Community Development Block Grant Program, and should simplify the application process and reduce the paperwork burdens. Congress should remove the caps that have been placed on Industrial Development Bonds and acknowledge that the extensive eligibility requirements now adequately limit their use. 10 League of Minnesota Cities LE-11. City Involvement with Telecommunications Providers Problem: Deregulation of telecommunications threatens to override local authority to govern public rights-of-way within cities for private development of the "information superhighway" through neighborhoods and over city streets. Solution: Cities should have the authority to require telecommunication providers to: obtain permits and follow local standards for the use of local rights-of-way and property to lay wire, cable, or other facilities to carry voice, video, or data signals to locations within city corporate boundaries; prohibit redlining and uphold nondiscrimination standards in the provision of telecommunications services at the local level; support community access to voice, video and information services offered at the local level; design of the local telecommunications infrastructure to meet community information needs, including community programming services; compensate cities for the use of public rights-of-way from any provider of telecommunication services, including telephone and power companies, as well as local cable operators. LE-12. Telecommunications as an Economic Development Opportunity Problem: Telecommunications providers may decide whether or not to serve the needs of cities regardless of size and location. This will restrict local economic development opportunities. Solutions: Local businesses, schools and educational institutions, and government offices should have access to information technology and services that meet technical standards for signal quality at reasonable rates; Cities should identify how information technology can strengthen local economic activity, education, workforce training, health care, etc.; Local units of government should work together to maximize effective use of information technology to assure that the local information infrastructure can respond to the variety of needs at the local level. ~ o~1995 City Policies 11 LE-13. Local Permitting Authority for Telecommunications Problem: City franchising authority is viewed as a barrier to competition in the development of electronic information networks and telecommunications services. Solution Current city franchising authority should be replaced in favor of local permitting authority: State and federal governments must develop and enforce minimum technical and connectivity standards and rate regulation in the absence of competition; The state should license telecommunications providers to ensure they have the financial, technical, and legal qualifications to provide proposed services; The state legislature should develop legislation to protect cities' interests in the management of local public rights-of-way and restructure and simplify the regulatory framework for telecommunications service providers in the state. LE-14. Adequate Funding for Transportation Problem: Current funding for roads and for transit systems across all government levels in the state is not adequate. Solution: Minnesota should value, and adequately fund, all transportation systems in the state. The state needs to provide an objective basis to determine the co,,rsplete needs of the road and transit systems, their present condition, and t~eir impact on the economic health of the state. This should include acknowledgement that delaying current expenditures will increase costs in the future. Cities support an increase in the gas tax and urge the legislature to institute additional revenue sources that can be dedicated to transportation programs. Cities should receive revenues necessary to meet present and future transportation needs. If funding does not come from the state, cities should have funding options available to them to raise the dollars necessary to adequately fund roads and transit. With the exception of funding for the state patrol, all nontransportation programs should be funded from a source other than the highway user distribution fund. The revenues of the highway user distribution fund are collected from transportation users and should be dedicated to transportation-related services. LE-15. Turnbacks of County and State Roads Problem: As road funding becomes increasingly inadequate, more roads are being "turned back" to cities from counties and the state. 12 League of Minnesota Cities Solution: Turnbacks should not occur without direct funding or transfer of a funding source. A process of negotiation and mediation should govern the timing, funding, and condition of turned-back roads. City taxpayers should receive the same treatment as township taxpayers. The requirement for a public hearing, standards about the conditions of turnbacks, and temporary maintenance funding should also apply to county turnbacks to cities. At a minimum, proposed roads to be turned back to a lower government level should be brought up to the standards of the receiving government or should be compensated with a direct payment. Direct funding should be provided for smaller cities that are not provided with turnback financing through the municipal state aid system. LE-16. Cooperation Between Counties and Cities Over County Roads Within Cities Problem: Some counties want increased control over county roads that lie within city boundaries. Solution: A formal system of mediation should be implemented to help resolve technical and aesthetic decisions about county and county state-aid roads within cities. A negotiated system of review will offer both governments the opportunity to produce better road projects. Local city and county officials should use available opportunities for alternate dispute resolution of the issues. Universal arbitration by unaffected parties should not supersede local authority. LE-17. State Aid for Roads in Cities Under 5,000 Problem: Cities under 5,000 population do not receive any nonproperty tax funds for their collector and arterial streets. Solution: State statute should be modified to encourage cooperation and improved transportation systems by allowing contiguous cities that jointly represent a combined population of 5,000 or more to be eligible for Municipal State Aid (M.S.A.). Participating cities would enter into a formal joint powers agreement and establish a joint budget that would be governed by a board of elected officials. Cities that participated in this joint entity would not be required to undertake any formal consolidation activities. Cities under 5,000 population that were not eligible for M.S.A. through this cooperative agreement practice should be able to use county municipal accounts and the five percent account of the highway user distribution fund. Uses of county municipal accounts should be statutorily modified so that counties can dedicate these funds for local arterials and collector streets within cities under 5,000 population. In addition, the five percent set-aside account in the highway user ~ ~i995 City Policies 13 distribution fund should be used to meet this funding gap. LE-18. State Aid for Urban Road Systems Problem: Current rules governing municipal state aid expenditures are restricting the efficient use of these funds and do not adequately acknowledge the constraints of road systems in urban city environments. Solution: Rules affecting the municipal state aid system need to be changed to acknowledge the technical and practical restrictions on construction and reconstruction of urban road systems. New municipal state aid design standards should not apply to reconstruction of existing state aid streets that were originally constructed under different standards. Future changes to state aid rules should improve the balance of elected officials and engineering professionals in the decision-making process. LE-19. Tax Policies to Encourage Housing Problem: State and federal tax policies have, in some instances, limited construction of housing that is affordable to persons with very low and moderate incomes. Solution: Tax policy should encourage production and increase the supply of affordable housing: remove the state sales tax on building materials for production of multi-family rental housing units for which the Minnesota Housing ~inance Agency and/or local housing and redevelopment authorities have provided assistance; provide additional state funds to increase the supply of housing in locations where the local housing real estate market discourages construction of housing to meet local needs, including added funding for the state Affordable Rental Housing Investment Fund; support federal Fair Market Rents (FMRs) at a level sufficient to make affordable rental housing widely available. LE-20. State Programs to Encourage Housing Problem: State programs to increase the supply of affordable housing outside central cities are not well funded. Solution: To encourage builders to provide affordable housing outside central cities funding should be increased for: 14 League of Minnesota Cities t~.~ the Community Rehabilitation Fund to assist cities to design programs to meet the local need for affordable single and multi-family housing; the Homeownership Assistance Fund to provide for downpayments for low and moderate income families to purchase their own homes; technical assistance to cities to analyze local housing conditions and the need for incentives, set-asides or other methods to encourage development of housing to serve employers contemplating business expansion or construction of new facilities and increasing employment opportunities; credit enhancement assistance offered by the Minnesota Housing Finance Agency; construction financing assistance to encourage local lenders to participate in family housing development. IMPROVING FISCAL FUTURES FF-1. Local Government Aid Problem: Despite the 1991 dedication of sales tax revenue to the Local Government Trust Fund, subsequent legislative actions substantially reduced the revenue available for increases in city property tax relief programs such as LGA and HACA. Although the LGA inflation index established by the 1994 legislature will ensure modest growth in the LGA appropriation, it will only maintain the program at a constant dollar level. This will not reverse the trend toward increased city reliance on the property tax and rapid property tax growth. Solution: The implicit price deflator index should continue to be used to maintain LGA at a constant, inflation-adjusted level. In addition, lawmakers should provide additional state resources for further increases in LGA to reverse the rapid growth in the reliance on the property tax. FF-2. HACA Growth Problem: Homestead and Agricultural Credit Aid for cities does not increase as the number of benefited properties increases. As a result, property tax relief for new parcels is actually provided by shifting taxes to other property owners. In addition, the property tax relief provided through HACA is not adjusted to keep pace with inflation. Solution: The household growth adjustment should be reinstated and an inflationary 1995 City Policies 15 adjustment similar to the LGA index should be established for future city HACA distributions. FF-3. Transfers of LGA/HACA to Schools Problem: Past shifts of city LGA and HACA to schools provided only imaginary relief from rapidly rising school property taxes. Any additional shift of city LGA and HACA will likely have a similar impact on future school property taxes. Also, new shifts will increase the tax rate disparities between cities and townships and irreparably damage the equalization benefit of LGA and HACA. Solution: Any increase in the state's share of school revenues should come from sources other than further transfers from city property tax relief programs. FF-4. Levy Limits Problem: In the past, levy limits have proven to be an ineffective and inefficient way to limit property tax growth. Control of property taxes through the local budget process and taxation hearings provides a more effective method of oversight. Solution: Levy limits should not be imposed on city property taxes. FF-5. Levies on Market Value Problem: Applying new referenda levies to market value, rather than tax capacity, shifts the burden of these property taxes to homestead properties. Solution: All property taxes should be based on the tax capacity classification system. The statutes that require newly approved referenda levies to be applied to market values should be repealed. FF-6. State Deductions from LGA Problem: State administrative costs are deducted from the LGA appropriation. This reduces the property tax relief provided by LGA and creates hidden appropriations for state agencies. Solution: All appropriations that fund state operations from LGA resources should be repealed. 16 League of Minnesota Cities FF-7. Payments for Services to Tax Exempt Property Problem: Taxable property in many cities is being acquired by non-profit and government entities. Converting the property to tax exempt status can lead to a serious tax base erosion without any corresponding reduction in the service needs created by the property. Solution: Cities should be allowed to collect payments in-lieu of property taxes or special assessments from non-constitutionally exempt property owners. FF-8. Delinquent Property Tax Penalties Problem: Although city finances are affected by property tax delinquencies, cities do not receive any associated penalties and interest on these delinquencies. Penalties and interest are split evenly between counties and schools. Solution: Cities should receive their pro-rata share of all penalties and interest collected on delinquent property taxes. FF-9. Reporting Requirements Problem: Budget and financial reporting requirements imposed on cities by the state often result in duplication and additional costs. Solution: Additional requirements for reporting and advertising financial and budget information should be carefully weighed to balance the validity of the state's need for additional information with the costs and burdens of compiling and submitting this information. In addition, all state agencies should be aware of the information already required by others to avoid duplication of reporting requirements. FF-10. Truth-in-taxation Problem: The Legislature has mandated how property tax relief is calculated on tax statements. These calculations have no relationship to actual local receipts for Homestead and Agricultural Credit Aid. Solution: In the spirit of real truth-in-taxation, property tax statements should accurately reflect the actual amount of HACA benefiting each individual property owner. City Policies 17 This policy was discussed and sent on to the membership for approval without a recommendation from the Legislative Committee. FF-11. Alternative Local Revenue Sources Problem: State law currently prohibits local units of government from imposing local income or sales taxes unless specific authority is granted. The only generally available source of tax revenue for cities is the property tax. Unfortunately, taxpayer discontent with the property tax has recently reached high levels which has made financing city services with the property tax more difficult. The availability of non-property tax revenue sources would lessen the reliance on the property tax and also allow cities to finance services and/or facilities that benefit a broader population. Solution: Lawmakers should acknowledge cities' need for alternative revenue sources and should provide local authority for additional taxes and/or fees. 18 League of Minnesota Cities November 2, 1994 CERTIFFF. D MAIL Proposed Increase of the Solid Waste Management Fee, pursuant to Hennepin County Ordinance 15 and effective February 1, 1995, and offering a contract with a rate of $49 per ton to haulers Subject: Public Hearing on November 10, 1994, 11:00 a.m. Hennepin County Board Room, A-2400 Government Center To All Interested Parties: You should have received a letter from me dated October 26 announcing a public hearing to be held on Thursday, November 10, 1994, at 11:00 a.m. in the Hennepin County Board Room for the purpose of considering increasing the Solid Waste Management Fee to 20% of charges for the collection and disposal services of Mixed Municipal Solid Waste (MMSW) billed and collected from "Residential Generators" and "Nonresidential Generators", effective February 1, 1995, pursuant to Hennepin County Ordinance Number 15, Solid Waste Management Fee and Hauler License Ordinance; and offering a contract with a rate of $49 per ton to haulers. Since the time of that announcement, the Hennepin County Board of Commissioners has asked us to consider alternative funding options including establishing a Solid Waste Management Fee of 14% to 17% of charges for the collection and disposal services of MMSW billed and collected from "Residential Generators" and 23% to 27% of charges for the collection and disposal services of MMSW billed and collected from "Nonresidential Generators". The public hearing will consider these funding options. If you have questions regarding the public hearing, feel free to call Tom Heenan at 348-4491. Sincerely, Janet Leick Division Manager Department of Public Works 417 North Fifth Street Minneapolis, Minnesota 55401-1309 (612)348-6846 FAX:(612)348-8532 Recycled t . , .. oo RECEiVE9 ',,i0V 7 1994 STATE OF MINNESOTA BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION In the Matter of the Petition of Northern States Power Company to Establish an Electric Rate Discount for Certain Low-Income Customers Docket No. E002/M-94-925 SUMMARY OF FILING Please take notice that on October 5, 1994 Northern States Power Company CNSP") filed with the Minnesota Public Utilities Commission ("Commission") its petition to establish an electric rate discount for certain Iow-income residential customers. The proposed discount is required by Minn. Stat. Sect. 216B. 16, subd. 14 (1994). In general, electric residential customers who are receiving assistance from the federally funded Low-Income Heating Energy Assistance Program CLIHEAP") will receive a discount equal to one-half of their energy charge each month for usage up to 300 kWh per month. The total amount of discounts for the first year is estimated at $6,084,000. NSP is proposing to recover this revenue loss by elimination of the Conservation Rate Break and by an increase in charges to residential electric customers, effective January 4, 1995. The increase in charges would be accomplished by a one time increase in the energy charge of 0.02 cents per kilowatthour or by use of an automatic adjustment mechanism through which the rate surcharge would be reconciled with actual experience and readjusted annually for projected future changes. If the automatic adjustment mechanism is selected, the increase would be combined with the existing fuel adjustment clause on the bill in a "Resource and Tax Adjustment Clause". i ECElVEO Water Structures Committee 7:30 am, Saturday, November 12, 1994 Norwest Bank Bldg, 900 E Wayzata Blvd, Wayzata (Elevator handicapped access, west entrance, Wayzata Blvd) o o Howards Point Marina, South Upper Lake, Shorewood, new multiple dock license to change dock width -- walkway from 4' to 6' and gas dock from 7.25' to 10' and extending gas dock length from 40' to 60', for safety upgrade, recommending as minor change, no public hearing; Draft ordinance to establish a Special Rule for Non- continuous Shoreline of Dock Use Areas in Close Proximity, continuing the wetlands definition review and to recommend the second reading; Draft Ordinance amending Sect. 2.07, Temporary Structures, for third reading recommendation; Addition to Draft Ordinance to Establish Planned Usage Development Procedures and Standards and a Definition for Public Piers, adding a new Item "m" to Public Pier Standards, Subd. 3. per Chair Babcock memo of 11/3/94; Envelope Concept Subcommittee Report of 11/2/94 for discussion and recommendation; 6. Additional business PENDING ISSUES BEFORE THE COMMITTEE (not ready for action): Boyer Building Corp/Pelican Point Development, pending: (1) receipt of association covenants governing dockage; (2) water depths for each slip (boat storage unit) and (3) LMCD's adoption of ordinance to establish a special rule for continuous shoreline of dock use areas in close proximity; b. Minnetonka Yacht Club, Carsons Bay, new multiple dock license, pending resolution of shoreline ownership, moving sailboat moorings to dock slips, and LMCD to address issue of slide conversion to dock slips; c. Minnetonka Boat Works, Wayzata Bay, new multiple dock license, special density license and dock length variance, pending applicant's revised site plan with all structures within 200 feet; d. Dolphin Pole moratorium; RECEIVE !;OV "8 LAKE MINNETON~A CONSERVATION DISTRICT 900 E. Wmyzm~m Blvd-, Suite 160 Wayzm~s, MN 473-7033 (AMENDED) MEETING SCHEDULE NOVEMBER & DECEMBER, 1994 NO%~MBER Tuesday, Thu=sday, Thu=sda¥, (Day Change) F=iday, Satu=day, Thu=sda¥, 1 3 10 11 12 17 Thu=sda¥, 24 F=iday, 25 Monday, 28 Envelope Subcommittee 4-30pm, ~160 No=west Bank Building Save the Lake Visions Subcommittee 4:30pm, ~160 No=west Bank Building Eu=asian Watez Milfoil Task Force 8:30am, ~160 No=west Bank Building Vete=an's Day - Office Closed Ware= St=uctu=es Committee 7-30am, ~135 No=west Bank Building Save the Lake Committee 4:30pm, ~160 No=west Bank Building Thanksgiving Day - Office Closed Floating Holiday - Office Closed Lake Use & Rec=eation Committee 5:30pm, ~160 No=west Bank Building DECEMBER AMENDING DECEMBER 7 SCHEDULE TO INCLUDE PUBLIC HEABING Wednesday, Monday, 26 Administzative Committee 6:00pm, Tonka Bay City Hall Public Heazing on p=oposed O=dinance to Establish Planned Usage Development (PUD) pzocedures and Standards and a Definition fo= Public Piers 7:00pm, Tonka Bay City Hall LMCD Boa=d of Directozs Regular Meeting 7:30pm, Tonka Bay City Hall Christmas Holiday Obsezved - Office Closed RECElVE LAKE MINNETONKA CONSERVATION DISTRICT Eurasian Water Milfoil Task Force Meeting Notice and Agenda (PLEASE NOTE EARLY MEETING DATE AND CHANGE TO THURSDAY IN ORDER TO PROVIDE FOR THE PRESENTATION OF TOM HAGEL, MN DNR) 8:30 am, THURSDAY November 10, 1994 Norwest Bank Bldg. Conference Rm 135, Wayzata Introductions and welcome; Review, accept/amend minutes of 10/21/94 as mailed~ MN DNR report: a. Minnesota Conservation Corps report on inspection of watercraft and equipment at infested lakes, per Tom Hagel; Introduction to preparation of request for proposals (RFP) to attract research proposals to further Eurasian water milfoil control and eradication methods, Chip Welling; Additional DNR milfoil priorities; o o MN Lakes Association annual conference review of its presentations on milfoil and other exotics controls, comments by persons in attendance at the conference; > Milfoil control > Zebra mussel control > Other exotic aquatic plants and animals control > Great Lakes ballast water contamination experience > Accent on education -- i.e. Sea Grant instructor's training package on Zebra Mussel (kit available for inspection) > Harmful Non-indigenous Species in the U. S., Congressional Study from the Office of Technology Assessment -_ (publication available for inspection) LMCD update on explorations for contract service to conduct Lake Minnetonka mechanical harvesting in 1995 Gene Strommen; , o o Additional agency, association reports; January meeting date, priorities review and adjourn;