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1996-05-14 AGENDA MOUND CITY COUNCIL MOUND, MINNESOTA MOUND CITY COUNCIL TUESDAY, MAY 14, 1996, 7:30 PM MOUND CITY COUNCIL CHAMBERS PAGE 1. PLEDGE OF ALLEGIANCE. RECYCLOTO V~NNER - TOM EVANHOFF 1429 APPROVE THE MINUTES OF THE BOARD OF REVIEW MEETING APRIL 23, 1996 .......................... 1430-1431 APPROVE THE MINUTES OF THE APRIL 23, 1996 REGULAR MEETING................................... 1432-1440 APPROVE THE MINUTES OF THE RECONVENED BOARD OF REVIEW OF MAY 6, 1996 ........................ 1441-1445 APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 6, 1996 ........................ 1446-1447 PROCLAMATION DECLARING MAY 25, 1996 AS MISSING CHILDREN'S DAY IN THE CITY OF MOUND .......... 1448-1449 PUBLIC HEARING: TO CONSIDER THE VACATION OF A 12' V~DE PLATTED RIGHT-OF-WAY LOCATED IN BLOCK 2, SHIRLEY HILLS, UNIT A (ADJACENT TO 4873 SHORELINE DRIVE) ................................ 1450-1457 PUBLIC HEARING: TO CONSIDER THE RENEWAL OF A CONDITIONAL USE PERMIT FOR GLASS PLUS TO OPERATE A MINOR AUTO REPAIR BUSINESS AT 5533 SHORELINE DRIVE ................................. 1458-1485 10. REQUEST TO HANG BANNERS FOR THE MAIDEN VOYAGE OF THE MINNEHAHA STEAMBOAT AND TO DISCUSS THE IDEA OF PRODUCING A BANNER TO TIE THE WESTONKA COMMUNITIES TOGETHER - TERESA FOGARTY, EXECUTIVE DIRECTOR, WESTONKA CHAMBER OF COMMERCE ................. 1486 1426 11. PRESENTATION OF DRAFT ENVIRONMENTAL ASSESSMENT FOR THE LOST LAKE CANAL REHABILITATION - BRUCE CHAMBERLAIN, ECONOMIC DEVELOPMENT COORDINATOR ................... 1487-1558 12. PRESENTATION OF THE 1995 FINANCIAL AUDIT GARY GROEN, ABDO, ABDO & EICK AND GINO BUSINARO, FINANCE DIRECTOR ............... BLUE ENCLOSURE 13. PRESENTATION OF A DETAIL PLAN RE: PROPOSED HOMEOWNERS ASSOCIATION WITH THE CITY OF MOUND TO SERVE AS THE "AGENT" IN ADMINISTERING A DOCK PROGRAM FOR WOODLAND POINT .................................... 1559-1577 14. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ............... 15. CASE #96-04: VRIANCE FOR NEW DWELLING - RICHARD WIGNER, 2332 DRIFTWOOD LANE, LOT 9, SKARP'S EAST LAWN, PID 13-117-24 44 0058 ................... 1578-1596 16. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MOUND AND HENNEPIN COUNTY FOR CONTIUNED PARTICIPATION IN THE URBAN HENNEPIN COUNTY DEVELOPMENT BLOCK GRANT PROGRAM .................... 1597-1605 17. RESOLUTION REAFFIRMING THE AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS ................................. 1606 18. SET PUBLIC HEARING TO CONSIDER THE VACATION OF A 30 FOOT WIDE PLATTED RIGHT-OF-WAY LOCATED BETWEEN BOLCK 12, LOTS 19-26, 5, 6 & 7 AND BLOCK 14, LOTS 4-17, ARDEN SUGGESTED DATE: JUNE 11, 1996 ........................... 1607 19. APPROVAL OF VFW PILLOW FLUFF AND SALE OF POPPIES ............................................... 1608 20. APPROVAL OF FIRE DEPARTMENT FISH FRY PERMITS FOR SATURDAY, JUNE 8, 1996 ......................... 1609 21. PAYMENT OF BILLS ................................... 1610-1628 1427 22. INFORMATION AND MISCELLANEOUS: DEPARTMENT HEAD MONTHLY REPORTS FOR APRIL, 1996 ................................. 1629-1656 LMCD REPRESENTATIVE'S MONTHLY REPORT FOR APRIL, 1996 .............................. 1656 C. LMCD MAILINGS ................................. 1658-1672 De PARK AND OPEN SPACE COMMISSION MINUTES OF APRIL 11, 1996 ......................... 1673-1681 Eo PLANNING COMMISSION MINUTES OF APRIL 22, 1996 ................................... 1682-1687 Fo UPDATE ON LAKE MINNETONKA GOOSE CONTROL PROGRAM FROM LMCD ........................ 1688 Go LETTER FROM MCTO RE: APPROVED BUS ROUTE SCHEDULES ....................... 1689 Ho INFORMATION FROM THE LEAGUE OF MINNESOTA CITIES RE: 1996 ANNUAL CONFERENCE TO BE HELD IN ROCHESTER JUNE 11-14. PLEASE CONTACT LINDA ASAP IF YOU WISH TO ATTEND ....................... 1690-1710 A PHOTO SESSION WITH LINDA'S PHOTOGRAPHY WILL BE HELD WITH THE COUNCIL AT 6:30 PM TUESDAY, MAY 28, 1996, IN COUNCIL CHAMBERS WE WOULD LIKE TO HAVE THE CITY ATTORNEY THERE AS WELL. PLEASE DRESS FORMALLY! ................... Jo REMINDER: COMMITTEE OF THE WHOLE MEETING, TUESDAY, MAY 21, 1996, 7:30 PM ............................. 1428 AGENDA MOUND CITY COUNCIL MOUND, MINNESOTA MOUND CITY COUNCIL TU~DAY, MAY 14, 1996, 7:30 PM MOUND CITY COUNCIL CHAMBERS PAGE 1. PLEDGE OF ALLEGIANCE. 2. RECYCLOTO WINNER - TOM EVANHOFF ....................... 1429 APPROVE THE MINUTES OF THE BOARD OF REVIEW MEETING APRIL 23, 1996 .......................... 1430-1431 APPROVE THE MINUTES OF THE APRIL 23, 1996 REGULAR MEETING ................................... 1432-1440 APPROVE THE MINUTES OF THE RECONVENED BOARD OF REVIEW OF MAY 6, 1996 ........................ 1441-1445 6. APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 6, 1996 ........................ 1446-1447 t T~.'~ PROCLAMATION DECLARING MAY 25, 1996 AS MISSING CHILDREN'S DAY IN THE CITY OF MOUND .......... 1448-1449 PUBLIC HEARING: TO CONSIDER THE VACATION OF A 12' WIDE PLATTED RIGHT-OF-WAY LOCATED IN BLOCK 2, SHIRLEY HILLS, UNIT A (ADJACENT TO 4873 SHORELINE DRIVE) ................................ 1450-1457 9. PUBLIC HEARING: TO CONSIDER THE RENEWAL OF A CONDITIONAL USE PERMIT FOR GLASS PLUS TO OPERATE A MINOR AUTO REPAIR BUSINESS AT 5533 SHORELINE DRIVE ................................. 1458-1485 10. REQUEST TO HANG BANNERS FOR THE MAIDEN VOYAGE OF THE MINNEHAHA STEAMBOAT AND TO DISCUSS THE IDEA OF PRODUCING A BANNER TO TIE THE WESTONKA COMMUNITIES TOGETHER - TERESA FOGARTY, EXECUTIVE DIRECTOR, WESTONKA CHAMBER OF COMMERCE ................. 1486 1426 I, il,, I I~ I d 11. 12. 13. PRESENTATION OF DRAFT ENVIRONMENTAL ASSESSMENT FOR THE LOST LAKE CANAL REHABILITATION - BRUCE CHAMBERLAIN, ECONOMIC DEVELOPMENT COORDINATOR ................... 1487-1558 PRESENTATION OF THE 1995 FINANCIAL AUDIT GARY GROEN, ABDO, ABDO & EICK AND GINO BUSINARO, FINANCE DIRECTOR ............... BLUE ENCLOSURE PRESENTATION OF A DETAIL PLAN RE: PROPOSED HOMEOWNERS ASSOCIATION WITH THE CITY OF MOUND TO SERVE AS THE "AGENT" IN ADMINISTERING A DOCK PROGRAM FOR WOODLAND POINT .................................... 1559-1577 14. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ............... ~. CASE/}'96-04: VRIANCE FOR NEW DWELLING- RICHARD WIGNER, 2332 DRIFTWOOD LANE, LOT 9, SKARP'S EAST LAWN, PID 13-117-24 44 0058 ................... 1578-1596 iRESOLUTION AUTHORIZING THE EXECUTION OF A 16. /i~5 JOINT COOPERATION AGREEMENT BETWEEN THE CITY '~ OF MOUND AND HENNEPIN COUNTY FOR CONTIUNED PARTICIPATION IN THE URBAN HENNEPIN COUNTY DEVELOPMENT BLOCK GRANT PROGRAM .................... 1597-1605 17._ a~,.~RESOLUTION REAFFIRMING THE AUTHORIZATION OF(~ [ SPONSORSHIP STATE /jr,,~.,- t..ITY OF GRANT-IN-AID SNOWMOBILE TRAIL FUNDS ................................. 1606 18. SET PUBLIC HEARING TO CONSIDER THE VACATION OF A 30 FOOT WIDE PLATTED RIGHT-OF-WAY LOCATED BETWEEN BOLCK 12, LOTS 19-26, 5, 6 & 7 AND BLOCK 14, LOTS 4-17, ARDEN SUGGESTED DATE: JUNE 11, 1996 ........................... 1607 19. APPROVAL OF VFW PILLOW FLUFF AND SALE OF POPPIES ............................................... 1608 20. APPROVAL OF FIRE DEPARTMENT FISH FRY PERMITS FOR SATURDAY, JUNE 8, 1996 ......................... 1609 21. PAYMENT OF BILLS ................................... 1610-1628 ~ ~, / 22. INFO ATION AND MISCELLANEOUS: DEPARTMENT HEAD MONTHLY REPORTS FOR APRIL, 1996 ................................. 1629-1656 Bo LMCD REPRESENTATIVE'S MONTHLY REPORT FOR APRIL, 1996 .............................. 1656 C. LMCD MAILINGS ................................. 1658-1672 De PARK AND OPEN SPACE COMMISSION MINUTES OF APRIL 11, 1996 ......................... 1673-1681 Eo PLANNING COMMISSION MINUTES OF APRIL 22, 1996 ................................... 1682-1687 UPDATE ON LAKE MINNETONKA GOOSE CONTROL PROGRAM FROM LMCD ........................ 1688 LETI'ER FROM MCTO RE: APPROVED BUS ROUTE SCHEDULES ....................... 1689 CITIES RE: 1996 ANNUAL CONFERENCE TO BE HELD IN ROCHESTER JUNE 11-14. PLEASE CONTACT LINDA ASAP IF YOU WISH TO AT'FEND ....................... 1690-1710 A PHOTO SESSION WITH LINDA'S PHOTOGRAPHY WILL BE HELD WITH THE COUNCIL AT 6:30 PM TUESDAY, MAY 28, 1996, IN COUNCIL CHAMBERS WE WOULD LIKE TO HAVE THE CITY ATTORNEY THERE AS WELL. PLEASE DRESS FORMALLY! ................... REMINDER: COMMITTEE OF THE WHOLE MEETING, TUESDAY, MAY 21, 1996, 7:30 PM ............................. 1428 May 10, 1996 MEMORANDUM To: Mayors of Executive National 1301 Pennsylvania Avenue N.W. League Washington, D.C. of 20004 Cities (202) 626-3000 Fax: (202) 626-3043 Direct Member cities Directors of State Municipal Officers President GregoP/S. Lashutka Mayor, Columbus, Ohio First Vice President Ma~k S. Schwartz Council Member, Oklahoma CibJ, Oklahoma Second Vice President Brian J. O'Neill Council Member. Philadelphia. Pennsylvama immediate Past President Carolyn Long Banks Councilwoman-at-Large, Atlanta, Georgia Executive Director Donald J. Borut Leagues Subject: Amendment to NLC Bylaws In accordance with Article VI of the Bylaws of the National League of cities, the undersigned two members of the Board of Directors on May 1, 1996, canvassed the mail ballots of the members and certify as follows: 1. We have examined the sworn affidavit of Valerie Van Etten that a ballot on the amendment to the Bylaws of the National League of cities was mailed on March 14, 1996, to each member city and each member league as listed in the affidavit, Article IV, Section 2, of the Bylaws stipulating that each member league shall be entitled to 20 votes and each member city shall be entitled to one to twenty votes based upon population as described in Article IV, Section 2. 2. More than 40 days have elapsed since the mailing of the ballots to all members before the votes were canvassed as specified in Article VI of the Bylaws. 3. A total of 1,616 votes were cast. The proposed amendment was adopted by at least two-thirds of the votes cast as follows: Y E__~S N_~O Amend Section 6 of Article III to modify and clarify the process for filling leadership vacancies. 1,603 13 Past presidents: Glende E. Hood, Mayor, Orlando, Florida · Sharpe James, Mayor, Newark, New Jersey · Cathy Reynolds, Councilwoman-at-Large, Denver, Colorado · Directors: Keren Alabama ° Lucille C. Anderson, Mayor, Minnetonka, Minnesota ° Clarence E. Anthony, Mayor, South Bay, Florida ' Ken Bacchus, Councilman-at-Large, Kansas City, Missouri Geoffrey Beckwith, Executive New Jersey · Larry R. Curtis, Director1 Massachusetts Municipal Association · Lare Blekely, Council Member, Monrovial Ca{ifornia · Eddie L. alankenship, City Council President, Birmingham, Flgueroe, Council Member. Mountain View. erogden, Council Vice President, Hyattsville. Maryland · John W. Butt, Councilman, Chesapeake, Virginia · Carol Y. Clark, Councilmember, East Orange, C. Hunt, Councilmember. Clarksburg, West Mayor, Ames, iowaAlvin P. DuPont, Mayor, Tuscaloosa, Alabama ° John Ferrero, City Council President, Los Angeles. California · Patricla Christopher K. McKenzte, Executive Director, League o! Kansas Municipalities · aeverly Melton, Board of Aldermen President, California ° Start Flnkelsteln, Executive Director. Association of Washington Cities · paul Helmke, Mayor, Fort Wayne, Indiana · James Virginia ° Linde Lawrence, Alderman, Wausau, Wisconsin · William F. Murphy, Mayor, Woodridge, Illinois · Thomas C. Owens, Louisville, Kentucky · David W. Moore, Mayor, Beaumont. Texas · Kathy M. Morris, Mayor. San Marcos, Texas · · Alice Council President, Overland Park, Kansas · David L. perry, Sr., Mayor Pro Tem, Piano, Texas · Michael J. Quinn, Executive Director, Indiana Association of Cities and Towns $chlenker, Mayor, Lake Oswego, Oregon ° Larry L. Schultz, Councilman, Rocktedge. Florida · Winston Seerles, Mayor Pro Tern, Rock Hill, South Carotina · Judy Fergueon Shaw, Councilwoman, Berkeley, Missouri · Joseph F. Sinkiawic, Mayor, Loves Park, Illinois · Joseph A. Sweat, Executive Director, Tennessee Municipal League · Marian a. Taeco, Councilwoman, Philadelphia. Pennsylvania · Reford C. Theobold, Council Member, Grand Junction, Colorado · William E. Thornton, Mayor, San Antonio, Texas · John R. Thune, Executive Director, South Dakota Municipal League · Marcia Weaver, Council Member, Jackson, Mississippi · Thomas L. Wel~h, Mayor, Rochester, Michigan · George C. Wright, Jr., Executive Director, Delaware League of Local Governments · Charles C. Yancey, Councillor, Boston. Massachusetts · Don ZImmermen, Executive Director, Arkansas Municipal League Recycled Paper Mayors of Direct Member Cities Executive Directors of State Municipal Leagues May 10, 1996 Page Two 4. In accordance with Article VI of the Bylaws, this amendment shall therefore become effective 10 days after the votes are canvassed and written notice of adoption is mailed to the membership. The votes were canvassed on May 1, 1996, and written notice of adoption is being mailed to the membership on May 10 1996, and so the amendment shall become effective ' May 20, 1996. Metropolitan Council Working for the Region, Planning for the Future ,i I,B RECEIVED TRANSPORTATION ADVISORY BOARD May 13, 1996 The Honorable Bob Polston Mayor City of Mound 5341 Maywood Rd Mound, MN 55364 Dear Mayor Polston: The Transportation Advisory Boai-d has completed its review of the project applications submitted for federal funding for federal fiscal years 1999 and 2000 for the STP, CMAQ, and Enhancement categories. Recommended projects will be included in the 1997-2000 Transportation Improvement Program (TIP). Attached is a summary of the projects selected for funding. A total of 111 projects were submitted. All projects were reviewed to determine if the qualifying criteria were met. A few projects were rejected for failing to meet these criteria. The remainder were reviewed and scored by a subcommittee of the Technical Advisory Committee (TAC). Scored projects were prioritized. The project(s) you submitted was approved for funding in this solicitation. Listed below are the approved projects and funding year. If other projects that you may have submitted are not listed below, they have not been approved and the proposer of the project will be notified in a separate letter of that fact. Project Description Year Enhancement: Lost Lake Multimodal Transit Facility 2000 This is a preliminary notice of approval. Funds cannot be obligated until the 1997-2000 TIP is approved through the regional, state, and federal approval process. A project must be in this program before it can receive federal funds. We will be informing you once the State TIP has received final federal approval, which normally does not occur before November or December. In the meantime, there are things you could be doing with your project. In this reg.ard, you should contact the Mn/DOT Metropolitan Division, Office of State Aid, lt~.r. ~oben. BroWn; D~i~:'isic~n Stat~ ~ifl .Engineer at 582-1351. Ills office will assist yo~ thx'Uughout development process. The next regional solicitation will occur in 1997. Specific dates have not yet been determined. If you have questions, please Transportation Advisory Board. Sincerely, -- i Dorm Wiski, Chair Transportation Advisory Board Attachmeht ' ' :~ cc: Ed Shukle, City Manager contact Emil Brandt (229-2721), Transportation Coordinator for the 230 East Fifth Street Metro Iht0 Line 229-3780 St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TTY 291-0904 An Equal Opportunity Ert~lcyer 1995 SOLICITED PROJECTS RECOMMENDED FOR PROGRAMMING IN THE 1997-2000 TIP Categor~ Proposal Federal $ FY 1999 FY 2000 Number Proposer Project Description Amount Reliever AR-5 Hennepin Co. Reconstruct and widen CSAH 61 from CSAH 10 to 1-94. $3,840,000 $3,840,000 AR-11 Maple Grove Reconstruct and widen CSAH 130 from Hemlock Lane to TH 169. $2,240,000 $2,240,000 Expander AE-10 Dakota Co. Reconstruct and widen CSAH 23 fi.om CSAH 9 to CSAH 70. $4,800,000 $4,800,000 Ag-1 Washington Co. Reconstruct and widen CSAH 19 from Hudson Rd. to CSAH 16. $2,800,000 $2,800,000 AE-5 Anoka Co. Reconstruct and widen Hansen Blvd. from Coon Rapids Blvd. to Robinson Dr. $2,160,000 $2,160,000 Connector AC-1 Mn/DOT & Reconstruct TH 10 fi.om TH 61 to the St. Croix River Bridge. Washington Co. $5,2g0,000 $5,2g0,000 AC-4 Dakota Co. Reconstruct CR 46 (160th St.) from CSAH 31 to TH 52. $4,720,000 $4,720,000 Augmenter AA-3 Ramsey Co. Geometric and signal improvements on County Road B. $1,200,000 SI,200,000 Principal PA-8 Mn/DOT Reconstruct the TH 7 and CR 82 interchange. S1,2g0,000 S1,280,000 PA-4 Fridley TH 65 improvements fi.om 1-694 to East Moore Lake Dr. $1,520,000 $1,520,000 PA-7 Mn/DOT TH 100 reconstruction from 39th Ay. to Indiana Ay. (Segment 3) $5,500,000 S5,500,000 Transit TR-3 MCTO Expand the Foley park and ride facility in Coon Rapids. $4,000,000 S4,000,000 TR-2 MCTO Construct the 1-394 joint use park and ride expansion. $5,500,000 $5,500,000 BikeF~/alk BW-2(1) St. Paul Parks Construct bike/ped bridge on Hamline Av. over BN tracks. $1,504,000 $1,504,000 BW-I(2) Blaine Construct bikeway/walkway on CSAH 32 from TH 65 to 1-35W. $240,000 $240,000 BW-5(2) Minneapolis Midtown Greenway - Phase II. SI,186,000 $1,1g6,000 Enhancement EH-2 MN DOT Stone Arch Bridge scour countermeasures. $440,000 $440,000 EP-7 Mound Lost Lake multimodal transit facility. $498,000 $498,000 EP-11 Minneapolis Park & Rec. West River Parkway Trail from the Stone Arch Bridge to Bridge 9. $200,000 $200,000 .MN Trans. EH-5 Jackson Street roundhouse restoration. S240,000 S240,000 Museurm Inc. EP-24 Sub. Hennepin TH 7 overpass on the Southwest LRT Regional Trail. $460,000 $460,000 Reg. Park Dist. EP-6 Ramsey Co. Park & Rec. Hwy 96 regional trail corridor. S700,000 $700,000 EP-13 Minneapolis Park & Rec. Minnehaha Parkway Trails fi.om Lake Harriet to Minnehaha Park. $700,000 $700.000 EH-4 Minneapolis Main Street and 6th Ay. surface treatment. $5g0,000 $580,000 EP-10 Minneapolis Dinkytown bikeway connection. $700,000 S700.000 CMAQ CM-4 Minneapolis Downtown Minneapolis TMO: 1999 and 2000. S411,750 S199,000 S212.750 CM-9 Mn/DOT Construction/maintenance/special event activity information sysxem: $620,000 S415,000 S205.000 1999 and 2000. 1-494 Corridor CM-2 Commission 1-494 travel demand management program: 1999 and 2000. $171,900 S84,200 $87,700 CM4 Minneapolis Priority vehicle control systems on Chicago Avenue and Central $680,600 $680,600 Public Works Avenue. CM-7 Minneapolis Public Works Priority vehicle control .systems on Nicollet Avenue and Lake Street. $562.600 $562,600 CM-10 Mn/DOT HOV ramp meter bypasses on TH 77 and TH 169. $800,000 $800,000 CM-11 Mn/DOT HOV ramp meter bypasses on 1-35E and 1-94. $800.000 $800.000 CM-5 Minneapolis Variable message signs in do~town Minneapolis. S280,000 S280,000 CM-3 Metropolitan Regional transportation demand management program: 1999 and S2,800.000 $1,300,000 $1,500.000 Council 2000. TOTAL $59,414.g50 $42,446,800 $16,968.050 G:',user'xrne 1792r",95 recom.tip CITY OF OUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-16t (612) 472-0600 FAX (612) 472-0620 April 29, 1996 Tom Evanoff 2149 Centerview Lane Mound, MN 55364 Dear Evanoff Household: CONGRATULATIONS! You are a winner in the Recyclotto. The City of Mound appreciates your help in making a safer environment for all of us now and into the future. Recycling does have its rewards! The City Council would like you to come to the Council meeting on Tuesday, May 14, 1996 to receive your 250 Westonka Dollars. The Council meetings are held at 5341 Maywood Road at 7:30 PM, in the Council Chambers. If you cannot attend this meeting, please stop by Mound City Hall between 8 am and 4:30 pm, see Joyce and pick up your Westonka dollars or contact me at 472-0603. And again, CONGRATULATIONS! Respectfully, Joyce Nelson Recycling Coordinator MINUTES - MOUND CITY COUNCIL - BOARD OF REVIEW - APRIL 23, 1996 Pursuant to due call and notice thereof, the Board of Review convened in the Council Chambers of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road, in said City on Tuesday, April 23, 1996 at 7:00 PM. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen, Phyllis Jessen. Also present were: City Manager Ed Shukle, Acting City Clerk Linda Strong, Hennepin County Assessor Keith Rennerfeldt and Hennepin County Appraisers Stephanie Nyhus and Deb Peterson. Mayor Polston opened the Board of Review. He stated that the City Council is working to limit the amount of money being taxed to residents through the City Budget and he asked that other taxing bodies, such as the state legislature to do the same. He stated the City is bound by Minnesota Statutes Chapter 273 to hold a board of review. He then introduced Keith Rennerfeldt. He explained that this meeting is to give property owners the opportunity to question the estimated market value on their properties that was set by the Hennepin County Assessor's Office as of January 2, 1996. He explained that each person would be heard and the Board of Review would reconvene on Monday, May 6, 1996 at 7 PM. The following persons responded to the call to be heard either in person or by submitting their concerns by letter. The following persons asked to have their property re-evaluated as they felt the value too high. 2. 3. 4. 6. 7. 8. 9. 10. PID #13-117-24 11-0072, DOUG BERDIE, 5028 ENCHANTED ROAD. PID #13-117-24 22 0079, DARRELL MONTIETH, 5420 THREE POINTS #214. PID #13-117-24 31 0031, BOB PUTNAM, 2132 OVERLAND ROAD. PID #13-117-24 12 0023, PAUL KASTER, 1762 EAGLE LANE. PID #24-117-24 44 0215, PAUL KASTER, 1831 DALE ROAD. PID #14-117-24 32 0044, ROY DWORASKI, 6241 BIRCH LANE. PID #30-117-23 22 0008, FRANK AHRENS, 4673 ISLAND VIEW DRIVE. PID #13-117-24 11 0002, JOHN TURNACLIFF, 2560 AVON DRIVE. PID #13-117-24 23 0046, JOHN MENGE, 1822 COMMERCE BLVD. PID #23-117-24 34 0003, JOHN TIMBERG, 6049 RIDGEWOOD ROAD. PID #13-117-24 21 0085, RICHARD McCURDY, 5330 THREE POINTS BLVD. Minutes - Mound City Council - Local Board of Review - April 23, 1996 Page 2 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. PID #24-117-24 44 0185, R.K. ANDERSON, 3001 BRIGHTON BLVD. PID #24-117-24 12 0062, GLENDA SIME, 2390 AVON DRIVE. PID #13-117-24 42 0016, PATRICK FURLONG, 5044 EDGEWATER DRIVE. PID #25-117-24 12 0114, BARTOL CRUZ, 5135 DRUMMOND ROAD. PID #24-117-24 13 0020, THOMAS JOHNSON, 5163 EMERALD DRIVE. PID #19-117-23 33 0070, VINCENT FORYSTEK, 3131 INVERNESS LANE. PID #19-117-23 33 0064, VINCENT FORYSTEK, 3131 INVERNESS LANE. PID #19-117-23 33 0225, VINCENT FORYSTEK, 3131 INVERNESS LANE. PID #19-117-23 33 0061, VINCENT FORYSTEK, 3137 INVERNESS LANE. PID #13-117-24 24 0019, MICHAEL FITZGERALD, 5321 BAYWOOD SHORES DR. PID #14-117-24 13 0002, CRAIG JOHNSON, 5849 GRANDVIEW BLVD. PID #14-117-24 34 0004, SCOTT HOLTER, 2241 SOUTHVIEW LANE. PID #13-117-24 41 0003, GLORIA ANDERSON, 2039 ARBOR LANE. PID #24-117-24 43 0092, ROBERT HUTCHINS, 3054 BRIGHTON COMMONS. PID #24-117-24 42 0005, NED DOW, 4994 MANCHESTER ROAD. PID #18-117-23 23 0011, RAY DeMONT, 1936 SHOREWOOD LANE. PID #19-117-23 13 0005, VERA BEE, 4333 WILSHIRE BLVD. PID #13-117-24 31 0003, DANIEL BURNES, 2130 NOBLE LANE. PID #24-117-24 24 0029, RUTH GRAY, 2640 LAKEWOOD LANE. PID #13-117-24 21 0059, JOHN TOMBERS, 1736 BAYWOOD SHORES DRIVE. Mayor Polston continued the Local Board of Review until Monday, May 6, 1996 at 7 PM, when the Board will reconvene. MINUTES - MOUND CITY COUNCIL - APRIL 23, 1996 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 23, 1996 at 9:15 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen, Phyllis Jessen. Also present: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson, Building Official Jon Sutherland, Parks Director Jim Fackler and Acting City Clerk Linda Strong. The following interested citizens were also present: A.L. McDaniels, Jack Cook, John Tucker, Mike Garberick, Mike Aspelin, Leah Weycker, Mike McCarville, Ronnie Henke, Jerry Henke, Jeff Bjerkskett, Denny Flack, Mike Goldberg, Frank Ahrens and Rodrigo Plaza. Mayor Polston opened the meeting and welcomed those in attendance. The Pledge of Allegiance was recited. 1.0 PRESENTATION OF CERTIFICATE OF APPRECIATION TO RON AND JERRY HENKE FOR BUILDING NEW PLANTER BOXES FOR THE ADOPT-A-GREEN SPACE PROGRAM. Mayor Polston stated that Ron Henke and his dad Jerry Henke had donated several hours in the construction of ten new planter boxes to be used around downtown Mound for the Adopt-A- Green Space program. He thanked them for their efforts and presented them with a plaque. 1.1 APPROVE MINUTES OF APRIL 9, 1996 REGULAR MEETING Councilmember Hanus deleted the last sentence on item 1.1. MOTION by Hanus, seconded by Ahrens to approve the Minutes of the April 9, 1996 meeting as amended. The motion carried unanimously. 1.2 APPROVE MINUTES OF APRIL 16, 1996 COMMITTEE OF THE WHOLE MEETING. Councilmember Hanus stated the time frame for variance approval is 15 years, not 20 as written in the suggestions regarding variances. MOTION by Hanus, seconded by Jensen, to approve the Minutes of the Committee of the Whole of April 16, 1996 as amended. The motion carried unanimously. Minut~ - Mound City Council April 23, 1996 At this point, Mayor Polston asked the Council if they had any objection to putting all seven of the Planning items onto a consent agenda. There was no objection. MOTION by Jensen and seconded by Hanus to approve the seven planning items included in the packet, Resolution //96-36 through //96-42 as recommended by the staff and Planning Commission. The motion carried unanimously. The Clerk stated there were three items that had additions or changes made to them and these were distributed before the meeting and need to be reviewed before a vote was called. The Council then discussed these items and acted on the following: 1.3 CASE//96-07: MINOR SUBDIVISION JACK COOK, 4425/4458 DENBIGH ROAD, LOTS 2 & 3, BLOCK 1, AVALON, PID 19-117 23 24 0002 & 0003. Councilmember Jensen moved the retention of the lot of record status to the conclusion of the resolution. Councilmember Hanus was concerned with the private utility easement, it should be verified that one is needed. Councilmember Hanus moved and Councilmember Jensen seconded the following resolution as amended: RESOLUTION//96-37 RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR 4452/4458 DENBIGH ROAD, LOTS 2, 3 AND THE EAST 10 FEET OF 4, BLOCK 1, AVALON, PID"S 19-117-23 24 0002 & 0003, PZ CASE //96-07. The vote was unanimously in favor. Motion carried. 1.4 CASE 96-15: MINOR SUBDIVISION, PAUL LARSON, 3051 INVERNESS LANE, LOTS 1-3, BLOCK 9, PEMBROKE, PID 19-11%23 33 0071 Council discussed with Mr. Larson and Building Official Jon Sutherland, the moving of the garage from Parcel B onto Parcel A instead of removing it completely. It was agreed upon by the applicant that the garage will be placed 16' from the existing house on Parcel A to leave enough room for a new house to be built there in the future. Councilmember Ahrens moved and Councilmember Jessen seconded the following resolution as amended: 2 Minutes - Mound City Council April 23, 1996 RESOLUTION #96-41 RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR 3051 INVERNESS LANE, LOTS 1, 2, 3, BLOCK 9, PEMBROKE, PID#19-117-23 33 0071, PZ CASE//96-15. The vote was unanimously in favor. Motion carried. 1.5 CASE//96-17: SHED VARIANCE, MIKE MCCARVILLE, 5432 BREEZY ROAD (NOTE: PLANNING COMMISSION WILL HEAR THIS REQUEST AT THE 4-22- 96 MEETING AND WILL FORWARD RECOMMENDATION FOR YOUR CONSIDERATION. The Council discussed with Building Official, Jon Sutherland, the elevation requirement for properties riparian to Lake Minnetonka. The elevation of the shed is to be 931 and 931.4. Mr. Sutherland explained that any alteration to land located at or below the elevation of 931.5 requires a permit from the Minnehaha Creek Watershed District (MCWD). He stated the lowest floor of the shed must be located at or above the elevation of 933 according to Mound City Code. Increasing the grade by using fill would not be acceptable. The applicant will work with staff in the use of poles to raise the shed to the correct elevation. This item was only discussed. The consent vote taken previously held. RESOLUTION g96-42 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING STOARGE BUILDING AT 5432 BREEZY ROAD, LOTS 6, 7, 40 & 41, BLOCK 1, LAKESIDE PARK, A.L. CROCKER'S 1ST DIVISION, PID 13-11%24 23 0012, PZ #96-17. The next four agenda items were approved by an earlier consent vote. 1.6 CASE #95-14: VARIANCE EXTENSION JEFF AND ELIZABETH BJERKSKETT, 2605 TYRONE LANE, LOTS 1-3, BLOCK 17, SETON, PID 19- 11%23 23 0158. RESOLUTION//96-36 RESOLUTION TO APPROVE A ONE YEAR EXTENSION OF A VARIANCE ORIGINALLY APPROVED BY RESOLUTION #95-46 FOR 2605 TYRONE LANE, LOTS 1, 2 & 3, BLOCK 17, SETON, PID 19-117-23 23 0158, PZ CASE 95-14. 3 Minutes - Mound City Council April 23, 1996 1.7 1.8 1.9 CASE //96-11: MINOR SUBDIVISION, AL MCDANIELS, 4932 NORTHERN ROAD, 2131 SANDY LANE, LOTS 33 & 34, SKARP & LINDQUIST'S RAVENSWOOD, PID 13-11%24 44 0061 & 0062. RESOLUTION #96-38 RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR 4932 NORTHERN ROAD / 2131 SANDY LANE, LOTS 33 & 34, SKARP & LINDQUIST'S RAVENSWOOD, PID 13-117-24 44 0061 & 0062, PZ CASE//96-11. CASE #96-13: VARIANCE , JOHN TUCKER & DEBRA PETERSON 4949 ISLAND VIEW DRIVE, LOT 3, BLOCK 23, DEVON PID 25-117-24 12 0002. RESOLUTION #96-39 RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 4949 ISLAND VIEW DRIVE, LOT 3, BLOCK 23, DEVON, PID 25-117-23 12 0002, PZ CASE 96-13. CASE 96-14: MINOR SUBDIVISION, PAUL LARSON, 2156 SANDY LANE, LOTS 51 & 52, SUBD. OF LOTS 1 & 32, RAVENSWOOD, PID 13-117-24 44 0090. RESOLUTION//96-40 RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR 2156 SANDY LANE, LOTS 51 & 52, SUBD. OF LOTS 1 & 32, RAVENSWOOD, PID 13- 117-24 44 0090, PZ CASE 96-14. 1.10 PRESENTATION OF WOODLAND POINT MEDIATION WORK GROUP REPORT- CHUCK CHAMPINE City Manager Ed Shukle stated the mediation group was established from the outcome of the Flack vs. City of Mound lawsuit regarding the Wawonaissa Commons. This group of 18 people representing the collection of interests in the Woodland Point had met several times and had agreed to the proposed report now before the Council. Mr. Shukle stated the Council had only until April 30, 1996 in which to decide whether to appeal the court's decision. The court's decision would stand if they did nothing. He then introduced Chuck Champine, the group's media representative. Mr. Champine thanked the Council for recommending the mediation consultant as he kept the group in a positive direction. He stated that all of the representatives had endorsed the proposed plan. He asked the Council to consider the suggestions presented and to act soon as the dock and boating season was about to begin. 4 Minutes - Mound City Council April 23, 1996 Mayor Polston applauded the efforts of the mediation group. Councilmember Hanus stated there were several issues that required discussion and legal opinion as many suggestions in the report would change current ordinances. City Manager Ed Shukle stated decisions made regarding this commons issue would have an overall effect on all of the commons. Mayor Polston suggested calling a special meeting to discuss the report further after staff had some time to research the recommendations. Comments were made by the mediation group; they would like some direction as it is boat season soon, try as a pilot program this year, assess the situation following the boating season, only 50% of the docks on this commons would be moved. The Council had concerns regarding the other non-litigant abutters and what could happen with them having docks in front of their commons, houses sell and people's opinions and needs change, is the report a contract and is it binding? The Council requested an actual dock layout plan be prepared and to present it to the Council at the May 6th meeting. They asked that a few representatives work with Parks Director, Jim Fackler, in developing a plan they could look at. CONSENSUS by the Council was the Woodland Point Mediation Group Report would return for Council discussion at the special meeting on May 6, 1996, following the reconvened Board of Review. CONSENSUS by the Council was to not appeal the court decision in the Flack vs. City of Mound lawsuit. 1.11 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.12 BID AWARD: 1996 SEALCOAT PROJECT City Manager Ed Shukle stated bids were opened on April 11, 1996 and the lowest bid was $26,321.25 from Caldwell Asphalt Co., Inc of Hawick, Minnesota. This bidder has not previously done any seal coating for the city. Their references were checked out and they have performed acceptably for a number of cities over the past years. The city of Minnetonka used them for the three past years and were satisfied with their work. The City Engineer is recommending that Caldwell Asphalt Co., Inc. be awarded the contract in the amount of $26,321.25. MOTION by Jessen, seconded by Hanus to award the 1996 Sealcoat bid to Caldwell Asphalt Co., Inc. in the amount of $26,321.25. The motion carried unanimously. Minut~ - Mound City Council April 23, 1996 1.13 RESOLUTION APPROVING A LABOR AGREEMENT BETWEEN THE CITY OF MOUND AND TEAMSTERS LOCAL NO. 320, POLICE OFFICER, INVESTIGATOR/DETECTIVE AND JUVENILE OFFICER FOR THE PERIOD BEGINNING 1-1-96 AND ENDING 12-31-97 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT. City Manager Ed Shukle stated the negotiations had concluded and a new labor contract for 1996 and 1997 has been tentatively agreed upon. He reviewed the changes mentioned in the resolution and requested the Council approve the new labor contract. Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution: RESOLUTION #96-43 RESOLUTION APPROVING A LABOR AGREEMENT BETWEEN THE CITY OF MOUND AND TEAMSTER'S LOCAL NO. 320, POLICE OFFICER, INVESTIGATOR/DETECTIVE AND JUVENILE OFFICER FOR THE PERIOD BEGINNING JANUARY 1, 1996 AND ENDING DECEMBER 31, 1997. The vote was unanimously in favor. Motion carried. 1.14 RESOLUTION APPROVING A LABOR AGREEMENT BETWEEN THE CITY OF MOUND AND LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL NO. 35, SUPERVISOR/STAFF SERGEANT AND SUPERVISOR/SERGEANT OF PATROL FOR THE PERIOD OF 1-1-96 AND ENDING 12-31-97, AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN AGREEMENT. City Manager Ed Shukle stated negotiations had concluded and a new labor contract for 1996 and 1997 has been tentatively agreed upon. He reviewed the changes mentioned in the resolution and requested the Council approve the new labor contract. Councilmember Jensen moved and Councilmember Ahrens seconded the following resolution: RESOLUTION g96-44 RESOLUTION APPROVING A LABOR AGREEMENT BETWEEN THE CITY OF MOUND AND LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL #35, SUPERVISOR/STAFF SERGEANT AND SUPERVISOR/SERGEANT OF PATROL FOR THE PERIOD OF JANUARY 1, 1996 AND ENDING DECEMBER 31, 1997. The vote was unanimously in favor. Motion carried. 6 Minutes - Mound City Council April 23, 1996 1.15 APPROVAL OF MUNICIPAL RECYCLING GRANT AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT. City Manager stated this was a renewal of the Municipal Recycling Grant Agreement from Hennepin County. MOTION by Jensen, seconded by Hanus to approve the renewal of the Municipal Recycling Grant Agreement. The vote was unanimously in favor. 1.16 APPROVAL OF AN APPLICATION FOR A SIGN PERMIT AT THE SUPER 1.17 AMERICA FOR FAMILY HEALTH AND SAFETY DAY. CITY OF MOUND, MAY 18, 1996. MOTION by Ahrens, seconded by Jensen to approve the sign permit to be placed at Super America for Family Health Day on May 18, 1996. The vote was unanimously in favor. Motion carried. APPROVAL OF A WEIGH-IN ONLY AT MOUND BAY PARK FOR 1.18 1.19 MINNETONKA BASS CLASSIC, SAT. JUNE 8, 1996. MOTION by Jessen, seconded by Ahrens to approve the use of Mound Bay Park for the Minnetonka Bass Classic weigh-in on Saturday, June 8, 1996. The vote was unanimous. Motion carried. PAYMENT OF BILLS. MOTION made by Jensen, seconded by Hanus, to authorize the payment of bills as presented on the pre-list in the amount of $143,264.92, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD ON - COMMONS TASK FORCE - PEMBROKE PARK DOCK Mark Goldberg was present from the Commons Task Force and requested approval of funds to come from the Docks Fund, not tax dollars, to purchase and install a multi-boat dock configuration at the Pembroke Park Commons. The amounts needed are up to $11,000 for the dock and $930 to install and remove the dock this season. He asked the Council agree to a one year pilot program with this type of dock plan for this area, the most congested dock area in the commons program. MOTION by Polston, seconded by Jensen, to authorize spending up to $11,930 from the Dock Fund for the purchase, installation and removal of a multi-boat dock to be located at Pembroke Park Commons for the 1996 boating season. The vote was unanimous. Motion carried. 7 Minutes - Mound City Council April 23, 1996 1.20 ADD-ON-ABUTTING STATUS OF LOT 1, BLOCK 31, SETON. City Manager Ed Shukle stated he had received confusing questions regarding what is to actually happen at the Excelsior Lane Commons by residents in the area that are non-abutting dock holders. He asked the Council to define their previous decision of March 26, 1996, Resolution //96-32. Was it the intent to have all of the dock holders shift down one position to make a dock position available near the property in question, or was the property in question going to receive a dock site in the approximate area? Councilmember Ahrens stated she did not realize that the docks were permanently installed. Jim Fackler, Parks Director, stated the docks were semi- permanent as the lake bottom was mucky and large poles were used in the installation of the docks at this commons and most of them do not come out during the winter. He had also talked to the builder and current owner of the property in question and they agreed to a dock site in the area. Councilmember Ahrens stated that if a new owner comes along and the status is abutting, they may want a dock right by their house. 1.21 INFORMATION/MISCELLANEOUS: Ae FINANCIAL REPORT FOR MARCH, 1996 AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. PLANNING COMMISSION MINUTES OF APRIL 8, 1996. Ce PARK COMMISSION MINUTES OF APRIL 11, 1996 (TO BE HANDED OUT TUESDAY NIGHT). D. ANNOUNCEMENT: CELEBRATE SUMMER MUSIC IN THE PARK. NOTICE FROM THE LEAGUE OF MINNESOTA CITIES: LMC POLICY COMMITTEES. IF YOU ARE INTERESTED IN BEING A MEMBER OF A POLICY COMMITTEE} PLEASE LET LINDA KNOW AND SHE CAN REGISTER YOU. Fo LETTER AND INFORMATION FROM DENNIS MILLER, DRUG COURT PLANNING COORDINATOR, HENNEPIN COUNTY RE: COMMUNITY FORUM ON A DRUG COURT PLANNING INITIATIVE. IT IS SCHEDULED FOR MONDAY. APRIL 29, 1996, 7 PM, AT PLYMOUTH FIRE STATION #3. Ge REMINDER: SPRING CLEANUP AND RECYCLING DAY, SATURDAY, APRIL 27, 1996, LOST LAKE SITE. He REMINDER: ANNUAL PARKS TOUR, TUESDAY, APRIL 30, 1996, 6:30 PM. Minutes - Mound City Council April 23, 1996 City Manager Ed Shukle stated that a company named SMC has leased ten acres of land on Halstead Drive and County Road 110 in Minnetrista, for a compost/brash drop off site for the public. It will open June 1, 1996 through November 30. There will be a charge to all users to dispose of compost materials. The City of Mound will discontinue the site at Lost Lake on May 26, 1996. MOTION by Jensen, seconded by Ahrens to adjourn the meeting. The vote was unanimous. Motion carried. Meeting adjourned at 11:00 PM. City Manager Attest: Acting City Clerk MINUTES - MOUND CITY COUNCIL - BOARD OF REVIEW - MAY 6, 1996 Pursuant to due call and notice thereof, the Board of Review reconvened in the Council Chambers of the City of Mound, Hennepin County, Minnesota at 5341 Maywood Road, in said City at 7 PM. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen. Phyllis Jessen was absent and excused. Also present were: Keith Rennerfeldt, Assessor, Hennepin County; Deb Peterson and Stephanie Nyhus, Hennepin County Appraisers; City Manager Ed Shukle, Acting City Clerk Linda Strong. The following interested citizens were also present: Doug Berdie, Darrel and MaryAnn Montieth, John Turnacliff, Don Pedersen, Cathy Bailey, Leah Weycker, Mike Gaberick, Pat Furlong, George Hauge Sr. Norrine Forrest. 1.0 RECONVENE THE LOCAL BOARD OF REVIEW The Mayor reconvened the Local Board of Review. He stated that the County Board of Review will be held the last two weeks of June at the Hennepin County Government Center. People could call there, the number is on the evaluation cards sent to residents. If a resident was still not satisfied with the County's recommendations, the persons could go onto the tax court. Keith Rennerfeldt, Hennepin County Assessor, stated contact had been made with all of the persons that came to the first meeting on April 23, 1996. His department had reviewed the original Estimated Market Valuation (EMV) of these properties and presented recommendations. PID//13-117-24 11-0072, DOUG BERDIE, 5028 ENCHANTED ROAD. The Assessor recommended to reduce the EMV to $235,000. MOTION by Polston, seconded by Jensen, and carried 4-0 to reduce the EMV of 5028 Enchanted Road by $5000, making it $230,000. PID//13-117-24 22 0079, DARRELL MONTIETH, 5420 THREE POINTS//214. The Assessor recommended no change. MOTION by Polston, seconded by Jensen, and carried 4-0 to reduce the EMV to $71,000. PID//13-117-24 31 0031, BOB PUTNAM, 2132 OVERLAND ROAD. The Assessor recommended no change. MOTION by Hanus, seconded by Ahrens, and carried 4-0 to accept the Assessor's recommendation. Reconvened Board of Review May 6, 1996 e PID #13-117-24 12 0023, PAUL KASTER, 1762 EAGLE LANE. The Assessor recommended reducing the EMV at 1762 Eagle Lane from $32,000 to $29,000 MOTION, by Ahrens, seconded by Jensen, and carried 4-0 to accept the Assessor's recommendation. e PID #24-117-24 44 0215, PAUL KASTER, 1831 DALE ROAD. The Assessor recommended reducing the EMV of 1831 Dale Road from $44,000 to $40,000. MOTION by Jensen, seconded by Ahrens, and carried 4-0 to accept the Assessor's recommendation. PID #14-117-24 32 0044, ROY DWORASKI, 6241 BIRCH LANE. The Assessor recommended no change in the EMV of $78,000. MOTION by Hanus, seconded by Ahrens, and carried 4-0 to accept the Assessor's recommendation. PID #30-117-23 22 0008, FRANK AHRENS, 4673 ISLAND VIEW DRIVE. The Assessor recommended no change in the EMV of $189,200. MOTION by Polston, seconded by Hanus, carried 3-0, Ahrens abstained, to accept the Assessor's recommendation. PID//13-117-24 11 0002, JOHN TURNACLIFF, 2560 AVON DRIVE. The Assessor had recommended no change in the EMV of $194,000. MOTION by Polston, seconded by Ahrens, carried 4-0, to reduce the EMV to $190,000. PID #13-117-24 23 0046, JOHN MENGE, 1822 COMMERCE BLVD. The Assessor recommended no change in the EMV of $241,500. MOTION by Ahrens, seconded by Hanus, carried 4-0, to reduce the EMV to $238,000. 2 Reconvened Board of Review May 6, 1996 10. 11. 12. 13. PID//23-117-24 34 0003, JOHN TIMBERG, 6049 RIDGEWOOD ROAD. The Assessor recommended no change in the EMV of $262,000. MOTION by Ahrens, seconded by Polston, carried 4-0 to reduce the EMV to $260,000. PID//13-117-24 21 0085, RICHARD McCURDY, 5330 THREE POINTS BLVD. The Assessor recommended no change on the EMV of $184,500. MOTION by Ahrens, seconded by Jensen, carried 4-0 to accept the Assessor's recommendation. PID//24-117-24 44 0185, R.K. ANDERSON, 3001 BRIGHTON BLVD. The Assessor recommended reducing the EMV of $216,000 to $207,000. MOTION by Jensen, seconded by Hanus, carried 4-0, to accept the Assessor's recommendation. PID #24-117-24 12 0062, GLENDA SIME, 2390 AVON DRIVE. The Assessor recommended no change in the EMV of $182,000. MOTION by Ahrens, seconded by Polston, carried 4-0, to reduce the EMV of $182,000 to $180,000. 14. PID//13-117-24 42 0016, PATRICK FURLONG, 5044 EDGEWATER DRIVE. Assessor recommended no change in the EMV of $242,600. MOTION by Polston, seconded by Jensen, carried 4-0, to reduce the EMV of $242,600 to $237,600. The 15. 16. 17. PID #25-117-24 12 0114, BARTOL CRUZ, 5135 DRUMMOND ROAD. The Assessor recommended no change in the EMV of $62,000. PID //24-117-24 13 0020, THOMAS JOHNSON, 5163 EMERALD DRIVE. The Assessor recommended no change in the EMV of $498,400. PID //19-117-23 33 0070, VINCENT FORYSTEK, 3131 INVERNESS LANE. The Assessor recommended no change in the EMV of $4,000. 3 Reconvened Board of Review May 6, 1996 18. PID #19-117-23 33 0064, VINCENT FORYSTEK, 3131 INVERNESS LANE. The Assessor recommended no change in the EMV of $5000. 19. PID #19-117-23 33 0225, VINCENT FORYSTEK, 3131 INVERNESS LANE. The Assessor recommended no change in the EMV of $95,000. 20. PID #19-117-23 33 0061, VINCENT FORYSTEK, 3137 INVERNESS LANE. The Assessor recommended no change in the EMV of $62,000. 21. PID #13-117-24 24 0019, MICHAEL FITZGERALD, 5321 BAYWOOD SHORES DR. The Assessor recommended reducing the EMV of $250,500 to $234,600. 22. PID #14-117-24 13 0002, CRAIG JOHNSON, 5849 GRANDVIEW BLVD. The Assessor recommended reducing the EMV of $78,000 to $73,000. 23. PID #14-117-24 34 0004, SCOTT HOLTER, 2241 SOUTHVIEW LANE. The Assessor recommended reducing the EMV of $182,000 to $168,500. 24. PID//13-117-24 41 0003, GLORIA ANDERSON, 2039 ARBOR LANE. The Assessor recommended no change in the EMV of $172,000. The Mayor suggested reducing the EMV to $170,000 due to functional obsolescence. 25. PID #24-117-24 42 0005, NED DOW, 4994 MANCHESTER ROAD. The Assessor suggested reducing the EMV of $125,200 to $121,200. The Mayor suggested reducing it to $116,200 due to major remodeling and functional obsolescence. 26. PID #18-117-23 23 0011, RAY DeMONT, 1936 SHOREWOOD LANE. The Assessor recommended no change in the EMV of $126,500. The Mayor suggested reducing the EMV to $122,500 as it is a summer cabin only. 27. PID #13-117-24 21 0059, JOHN TOMBERS, 1736 BAYWOOD SHORES DR. The Assessor recommended reducing the EMV of $203,600 to $199,00. 28. PID #19-117-23 13 0005, VERA BEE, 4333 WILSHIRE BLVD. The Assessor recommended no change in the EMV of $154,800. 29. PID #13-117-24 31 0003, DANIEL BURNES, 2130 NOBLE LANE. The Assessor recommended no change in the EMV of $217,000. 30. PID #24-117-24 24 0029, RUTH GRAY, 2640 LAKEWOOD LANE. The Assessor recommended no change in the EMV of $191,000. 4 Reconvened Board of Review May 6, 1996 31. PID//14-117-24 31 0029, JETHRO PHILBROOK, 6064 ASPEN ROAD. The Assessor recommended reducing the EMV of $131,200 to $125,300. 32. PID ~t14-117-24 31 0030, CHARLES CARLSON, 6080 ASPEN ROAD. The Assessor recommended reducing the EMV of $172,200 to $168,400. The Council consensus was to vote on all of the above Estimated Market Values as presented by the Assessor and to include the three that they reduced in the following motion: Councilmember Jensen moved and Councilmember Ahrens seconded the following resolution: RESOLUTION//96-45 RESOLUTION ASSESSMENT ADJUSTED ADOPTING THE ENTIRE ROLL AS PRESENTED AND The vote was unanimously in favor. Motion carried. Mayor Polston adjourned the Local Board of Review at 8:35 PM. City Manager Attest: MINUTES - MOUND CITY COUNCIL SPECIAL MEETING - MAY 6, 1996 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Monday, May 6, 1996 at 8:50 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen. Absent and excused: Phyllis Jessen. Also in attendance: City Manager Edward J. Shukle, Jr., Parks Director Jim Fackler and Acting City Clerk Linda Strong. The following interested citizens were also present: Cathy Bailey, Don Pedersen, Leah Weycker, Mike Garberick, George Hauge, Sr. Norrine Forrest, Jan Bristol, Brad Bristol, Marty and Marie Johnson, Olen Pederson, David Kurtz, Charles Champine, Robert Lien, Jack Koflath, Denny Flack, Mike Aspelin. The Mayor opened the Special City Council meeting. The Pledge of Allegiance was recited. 1.0 PROCLAMATION OF THE WEEK OF MAY 6 - 10, 1996 AS WESTONKA SENIOR CENTER WEEK. Mayor Polston read the Proclamation of the Week of May 6-10, 1996 as Westonka Senior Center Week. Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution: RESOLUTION//96-46 RESOLUTION PROCLAIMING WESTONKA SENIOR CENTER WEEK MAY 6-10, 1996. The vote was unanimously in favor. Motion carried. 1.1 SET PUBLIC HEARING TO CONSIDER THE RENEWAL OF A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A MINOR AUTO REPAIR BUSINESS FOR GLASS PLUS AT 5533 SHORELINE DRIVE. SUGGESTED DATE: MAY 14, 1996. MOTION by Jensen, seconded by Ahrens, and carried unanimously, to set May 14, 1996 for a public hearing to consider the renewal of a Conditional Use Permit for Glass Plus to operate a minor auto repair service at 5533 Shoreline Drive. 1.2 CONTINUED DISCUSSION: RECOMMENDATIONS FROM THE WOODLAND POINT MEDIATION WORK GROUP. Minutes - Mound City Council - Special Meeting Page 2 May 6, 1996 City Manager Ed Shukle updated the activities of the Woodland Point Mediation Group through the past 10 weeks and stated they had presented to the City Council a report on April 23, 1996. The Council has now reviewed their report. The City Attorney has talked with the LMCD and if the City is not involved in the management of the docks in question on Wawonaissa Commons and Waurika Commons, the dock count will decrease. The Woodland Point Mediation group wanted the City to be a participant and manage the commons. Mayor Polston mentioned a "cluster" dock plan that had been discussed. Chuck Champine, the media spokesperson of the Woodland Point group, stated thero had been no formal meetings that included all of the property owners of Woodland Point. A plan was distributed showing possible dock locations at the end of Woodland Road and Bluebird Lane prepared by Danie Watson. She was unable to attend the meeting to discuss this plan. Discussion from residents dealt with the end of Bluebird Lane being very sensitive to stairs as it is steep and held together by plant growth. The conceptual docks at the end of Woodland Road would overlap onto a property owned by one of the litigants and would not work. The Council did not want to see a plan where there were any non-abutting status docks in front of any of the abutters on Wawonaissa Common. Mayor Polston suggested the Woodland Point residents form a homeowners association, per the outline submitted by the City Attorney. This association would have officers, a board of directors, etc., and would submit a dock location map annually to the City for approval. The City would serve as the association's "agent" and would administer the dock program much like it has in the past. A management agreement would be drafted to incorporate what the role of the City would be in administering the program and what the role of the association would be in dealing with the various issues that arise in the program. Leah Weycker had been legally advised that if the residents were to not put non-abutting status docks along Wawonaissa commons somewhere, they all could lose their rights to any use of this common, sort of an abandonment action. It was the consensus of the Council that the City Attorney would prepare a more detailed plan of the type of organization/association needed to work with the City in the management of the dock issues at Woodland Point and to return to the Council at the May 14, 1996 meeting with that plan. MOTION by Ahrens, seconded by Jensen and carried unanimously to adjourn the meeting. The meeting was adjourned at 10:17 pm. City Manager Attest: Acting City Clerk RESOLUTION//96- RESOLUTION PROCLAIMING MAY 25, 1996 AS MISSING CHILDREN'S DAY IN THE CITY OF MOUND May 14, 1996 WHEREAS, the children of today are our citizens of tomorrow, and deserve a voice to protect their interests; and, WHEREAS, more than one million children are reported missing in the United States each year, and between 20,000 and 50,000 of those remain missing for more than one year; and, WHEREAS, in injury of abduction has been proven to cause permanent emotional trauma to not only the child, but to relatives and others who are close to the child; and WHEREAS, missing children, including those abducted by family members, acquaintances or strangers, and those who run away, often suffer from emotional, physical, and sexual abuse; and, WHEREAS, it is important to remember all children who are missing; and, WHEREAS, Missing Children Minnesota is joining forces with other missing children's organizations, criminal justice officials, and concerned citizens throughout America to observe 1996 National Missing Children's Day by keeping their porch lights on that night. NOW, THEREFORE, BE IT RESOLVED, that the City of Mound designates May 25, 1996, as Missing Children's Day in the City of Mound; and, BE IT FURTHER RESOLVED, that the City of Mound reaffirms its commitment to address the issues of missing and exploited children during 1996 National Missing Children's Day and throughout the year; and, BE IT FURTHER RESOLVED, that on this day parents throughout the City of Mound are urged to be aware of the potential threat of child abduction and to emphasize to their children the importance of knowing their full names, addresses and telephone numbers, and of avoiding dangerous situations and if they find themselves in a dangerous situation to Run to where there are people and Yell for help and Tell a grown-up what happened to them; and, BE IT FURTHER RESOLVED, that all citizens be asked to keep their porch lights lit on May 25th to light the way home for all missing children. Resolution g96- May 6, 1996 Page 2 The foregoing resolution was moved by Councilmember Councilmember The following Councilmembers voted in the affirmative: and seconded by The following Councilmembers voted in the negative: Mayor Attest: City Manager RESOLUTION //96- RESOLUTION TO APPROVE THE VACATION OF A PLA~FED ALLEY KNOWN AS CONCORD BLVD., LOCATED IN BLOCK 2, SHIRLEY HILLS UNIT A, BETWEEN LOTS 12-17 AND 1-5 WHEREAS, the applicant, Wayne Ehlebracht, owner of 4873 Shoreline Drive, has requested the vacation of a 12' wide platted alley located in Block 2, Shirley Hills Unit A between lots 1-5 and 12- 17, and; WHEREAS, Minnesota Statutes, Section 412.851 provides that the City Council may, by resolution, vacate any street, alley, public grounds, or public way, or any park thereof, when it appears in the interest of the public to do so, and; WHEREAS, a public hearing was held by the City Council on May 14, 1996, as required by law, and; WHEREAS, approval of this request will add vacated property to the neighboring parcels who are not part of this request, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval of the vacation, as requested. NOW, THEREFORE, BE IT RESOLVED, by the City council of the City of Mound, Minnesota, to hereby approve the request to vacate a 12 foot wide platted alley located in Block 2, Shirley Hills Unit A between lots 1-5 and 12-17 (previously known as Concord Blvd.). A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings. It is the responsibility of the owner to record this Certified Resolution in the office of the County Recorder and/or the Registrar of Titles, as set forth in M.S.A. 412.851. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION APRH. 8, 1996 CASE 96-12: STREET VACATION- PUBLIC HEARING- WAYNE EHLEBRACltT (4873 SHORELINE DRIVE), VACATE ALLEY PREVIOUSLY KNOWN AS CONCORD BLV'D LOCATED IN BLOCK 2, SHIRLEY HILLS UNIT A, BETWEEN LOTS 12-17 AND 1-5. Building Official, Jon Sutherland, reviewed the City Engineer's Memorandum. Staff recommended approval of the proposed street vacation since this platted alley does not appear to serve any public purpose. Chair Michael opened the public hearing. There being no comments from the public, Chair Michael closed the public hearing. MOTION by Reifschneider, seconded by Glister to recommend approval of the street vacation, as recommended by staff. Motion carried unanimously. This request will be heard by the City Council on May 14, 1996. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors MEMORANDUM TO: City of Mound Planning Commission and City Staff FROM: Jolm Camcron, City Engin¢cr DATE: April 2, 1996 SUBJECT: Proposed Street Vacation - N/S Alley Block 2, Shirley Hills Unit A Case No. 96-12 MFRA #11303 This section of alley was platted as part of Shirley Hills Unit A in 1922 when it was common to provide access to detached garages at the rear of lots. As far as we can determine, it has never been improved or used as a public roadway. The applicant's driveway from County Road 15 appears it could be located within this alley. The City does not have any utilities located within the right-of-way of this alley. Recommendation.~ We have reviewed this vacation request and are recommending approval since this plm~ed alley does not appear to serve any public purpose. e:main: 11303/je4-2 An Equal Opportunity Employer CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0500 FAX (612) 472-0620 Memorandum DATE: March 28, 1996 TO: FROM: SUBJECT: Minnegasco Northern States Power Co. GTE Fire Department Public Works Police Department City Engineer Parks Department Peggy James, Planning & Inspections Secretar REQUEST BY WAYNE EHLEBRACHT TO VACATE ALLEY PREVIOUSLY KNOWN AS CONCORD BLVD. The City of Mound has received a request from Wayne Ehlebracht, owner of 4873 Shoreline Drive, to vacate a 12' wide right-of-way (alley) located in Block 2, Shirley Hills Unit A, between Lots 12 - 17 and 1 - 5, as shown on the attached Public Hearing Notice. Do you for see a need for this portion alley? Are there any utilities involved? What is your recommendation? Please submit your comments or concerns, in writing, at your earliest convenience. This request will be heard by the Planning Commission on April 8, 1996, and by the City Council on May 14, 1996. If you have any questions, you may call me directly at 472-0607. Thank you for your time in reviewing this matter. pJ Enclosure CC: Jon Sutherland, Building Official Mark Koegler, City Planner printecl on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 96-12 NOTICE OF A PUBLIC HEARING TO CONSIDER THE VACATION OF A 12' WIDE PLATTED RIGHT-OF-WAY LOCATED IN BLOCK 2, SHIRLEY HILLS UNIT A (ADJACENT TO 4873 SHORELINE DRIVE) NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Monday, April 8, 1996 to consider the vacation of a 12 foot wide platted right-of-way located in Block 2, Shirley Hills Unit A, between Lots 12 - 17 and 1 - 5, as shown below: ] ';ORB- All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting ~e~gy Jfn~s ,~qanni~ ~ e~re~y "' Mailed to property owners within 350 feet of affected property by March 29, 1996. printed on recycled paper OF MOUND Maywood Road MN 55364 472-0600, fax: 472-0620 APPL~ICATION TO VACATE I Case No. ~ Application Fee: Applicant's Name \~,)/i~,~l/~__. ~', ~_. /./.L Fj~R /% CpIT Applicant's Address ~'7~ ~lher~,~ b~ , LEG~ DESCRIPTION OF APPLIC~T'S ABUTTING PROPERTY: Day Phone biZ-- ~TZ- ~P~ Block No. I --I Description of Street or Easement to be Vacated: Reason Re.est or nterest in Property: %ere a public need for the right-of-way to be retained for a public purpose? ~/~, I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. . ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// FOR OFFICE USE ONLY Recommendations from Utilities: Recommendations from City Depts.: Police Chief Other NSP Minnegasco GTE Public Works Fire Chief Engineer ADDRESS: ZONE: REQ. LOT AREA: EXIST. LOT AREA: REQUIRED STRE~ FRONTAGE~IDTH: ~' IEXISTING LOT WIDTH: 150' + '-- EXISTING LOT DEPTH: ' REQUIRED SETBACKS PRINCIPAL BUILDING/ HOUSE FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: J(,-), 15' 50' (measured from O.H.W.) ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: 4' or 6' 4' or 6' 4' 50' (measured from O.H.W.) EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING/HOUSE FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: HARDCOVERCONFORMING? YES/NO/~) ISTHISPROPERTYCONFORMING? YES/NO/~ I BY: DATE: ._~.-~ ..-'~'/~ 'his G Zoning Information Sheet only summarizes a por[ion of the requirements outlined in the City of Mound Zoning Irdinance. For further information, contact the City of Mound Planning Department at 472-0600. £DGE~AIER ---r-i 2~ RESOLUTION//96- RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A MINOR AUTO REPAIR BUSINESS FOR GLASS PLUS LOCATED IN THE B-1 CENTRAL BUSINESS DISTRICT AT 5533 SHORELINE DRIVE LOT 5 & THE WESTERLY 50 FEET OF LOT 6, AUDITOR'S SUBDIVISION NUMBER 170 PID//13-117-24 33 0076 P&Z CASE//96-07 WHEREAS, Kenneth & Sally Custer, owners of Glass Plus, received a one year Conditional Use Permit on April 11, 1995, Resolution g95-38, to allow the operation of a minor auto repair business for both Glass Plus and Arco Auto and Marine, Inc., and; WHEREAS, Arco has recently vacated their portion of the premises, and; WItEREAS, Resolution f95-38 was granted for one year and required reapplication and review, and; WHEREAS, Glass Plus is requesting that the entire building be used for glass repair and replacement, a glass showroom, and aluminum fabrication related to glass and window applications, and; WHEREAS, Mound Zoning Ordinance Section 350:640 allows Minor Auto Repair Businesses as a conditional use in the B-1 Zone, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with conditions. 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 Glass Plus to allow the following uses at 5533 Shoreline Drive: Vehicle glass repair and replacement. Glass products and services showroom. Aluminum fabrication that is incidental to the glass and window replacement business. 2. Approval of this conditional use permit is on the following conditions: All signage for Glass Plus shall conform to the Mound Sign Ordinance, taking into consideration that there are two street frontages for this building. Resolution l196- Glass Plus May 14, 1996 Page Two bo Prior to initiating any future improvements to the property, the Glass Plus owners shall prepare a detailed site improvement plan identifying removal of fencing and other items and clearly denoting all improvements. The site improvement plan shall be approved by City Staff prior to implementation. All proposed interior and exterior building improvements shall comply with applicable building, health and fire codes. do The Glass Plus owner shall keep the building official apprised as to the status of site contamination and required monitory and clean-up efforts. Overnight parking for company vehicles shall be within the building or fenced areas. All service work performed shall occur within the building or within screened areas. Outside storage shall be expressly prohibited, unless properly screened. All trash and recycling containers shall be in conformance with City Ordinance requirements. This Conditional Use Permit is granted for the following legally described property: Lot 5 and the Westerly 50 feet of Lot 6, Auditor's Subdivision Number 170, PID #13-117-24 33 0076. 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. Glass Plus, Inc. P. O. Box 172 Mound, MN 55364 (612) 472-7171 May 3, 1996 5341 Maywood Rd. Mound, MN 55364-1687 RE: Conditional Use Permit Application # 9616 Hearing May 14th, 1996 To City Counsel of Mound: Glass Plus would like to retain the right to overnight park three vehicles on the northwest comer of our front parking lot. We have found customers are wanting to drop offthere vehicles for glass repair after our shop hours. This is about 22% of our available front paved parking lot. W~ate your consideration. /K~ &Saliy Custer Enclosed please find site diagram and hearing notice ~l :, CO0' CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNF_,SOTA CASE NO. 96-16 NOTICE OF A PUBLIC HEARING TO CONSIDER THE RENEWAL OF A CONDITIONAL USE PERMIT FOR GLASS PLUS TO OPERATE A MINOR AUTO REPAIR BUSINESS AT 5533 SHORELINE DRIVE NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, May 14, 1996 to consider the renewal of a conditional use permit to allow the operation of a Minor Auto Repair business for Glass Plus at 5533 Shoreline Drive, legally described as Lot 5 and the Westerly 50 feet of Lot 6, Auditor's Subdivision Number 170. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. fieggyJJa/m~], Planning Secretary Mailed to property owners within 350 feet of affected property by May 3, 1996, published in The Laker on April 27, 1996, and posted by April 27, 1996. printed on recycled paper MINUTES OF A M~ETING OF THE MOUND ADVISORY PLANNING COMMISSION APRIL 8, 1996 CASE 96-16: CONDITIONAL USE PERMIT - PUBLIC HEARING - GLASS PLUS FOR MINOR AUTO REPAIR AT 5533 SHOREI.INE DRIVE, LOT 5 & WLY 50' OF LOT 6, AUD. SUBD. #170. City Planner, Mark Koegler, reviewed the Planning Report. In April of 1995, the City of Mound approved a conditional use permit for Glass Plus to operate at 5533 Shoreline Drive. Since that time, Glass Plus has operated in the building along with Arco Auto and Marine, Inc. In accordance with plans that were presented in 1995, Arco recently vacated their portion of the premises and Glass Plus will occupy the remainder of the building. The resolution that was approved in 1995 (#95-38) granted a one year conditional use permit and required reapplication and review. In their current reapplication, Glass Plus is requesting that the entire building be used for glass repair and replacement. They have also requested that condition B from Resolution #95-38 be modified. The applicant is now requesting that all activities previously allowed on the Arco site be reinstated for the entire property, specifically: 2. 3. 4. 5. Auto Body Repair Boat Repair Boat Trailer Building Welding Sale of Used Autos, Boats and Boat Trailers The exclusion of the uses formerly allowed would be consistent with the resolution approved in 1995. Staff recommended that the Planning Commission recommend approval of a conditional use permit for Glass Plus to allow the following uses at 5533 Shoreline Drive: Vehicle glass repair and replacement. Glass products and services showroom. Aluminum fabrication that is incidental to the glass and window replacement business. Approval of the aforementioned uses is contingent on the following conditions: All signage for Glass Plus shall conform to the Mound Sign Ordinance, taking into consideration that there are two street frontages for this building. 9 Planning Commission Minutes April 8, 1996 2. Prior to initiating any future improvements to the property, the Glass Plus owners shall prepare a detailed site improvement plan identifying removal of fencing and other items and clearly denoting all improvements. The site improvement plan shall be approved by City Staff prior to implementation. 3. All proposed interior and exterior building improvements shall comply with applicable building, health and fire codes. 4. The Glass Plus owner shall keep the building official apprised as to the status of site contamination and required monitory and clean-up efforts. 5. Overnight parking for company vehicles shall be within the building or fenced areas. 6. All service work performed shall occur within the building or within screened areas. 7. Outside storage shall be expressly prohibited, unless properly screened. All trash and recycling containers shall be in conformance with City Ordinance requirements. Chair Michael announced that since nobody other than the applicant, Ken Custer was present, they would forego the public hearing. For the benefit of the new commission members, the history of this property was reviewed. It was noted that the previously approved uses had a negative affect on the downtown. Michael asked the applicant why it is important to maintain these uses? Mr. Custer explained that his attorney said the more uses available for the property, such as past uses, makes the property more valuable to future purchasers. He was advised to retain the property uses, and that it would devalue the property to remove conditional use permits from the title, so they would loose property value by losing uses. Custer confirmed that they do not plan on doing auto body work. Clapsaddle asked if they need to make a point that uses from the previous permit are now being omitted. Koegler confirmed that new language will be in the resolution implying that the balance of the original resolution will be void. MOTION by Weiland, seconded by Reifschneider to recommend approval of the conditional use permit as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on May 14, 1996. Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. [lll PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: April 4, 1996 SUBJECT: Conditional Use Permit APPLICANT: Glass Plus, Inc.- Ken Custer CASE NUMBER: 96-16 HKG FILE NUMBER: 96-5f LOCATION: 5533 Shoreline Drive EXISTING ZONING: Central Business (B-l) COMPREHENSIVE PLAN: Commercial BACKGROUND: In April of 1995, the City of Mound approved a conditional use permit for Glass Plus to operate at 5533 Shoreline Drive. Since that time, Glass Plus has operated in the building along with Arco Auto and Marine, Inc. In accordance with plans that were presented in 1995, Arco recently vacated their portion of the premises and Glass Plus will occupy the remainder of the building. The resolution that was approved in 1995 (95-38) granted a one year conditional use permit to the property and called for, "a reapplication and review because of representations made by the applicant that the property will be brought into conformance with all previously approved permits and conditions established..." The current application constitutes the required reapplication. COMMENT: In their current application, Glass Plus is requesting that the entire building be used for glass repair and replacement, a glass showroom, and aluminum fabrication related to glass and window applications. They have also requested that condition B from Resolution 95-38 be modified. Condition B stated, "All previously allowed uses and conditions of approval for Arco Auto and Marine including but not limited to those identified in Resolutions 89-42, 89-1 and 78-488 shall remain in effect but apply only to the area occupied by the Arco business..." The applicant is now 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Planning Report - Glass Plus Conditional Use Permit April 4, 1996 Page 2 requesting that all activities previously allowed on the Arco site be reinstated for the entire property. This current request is contrary to Condition C of the same approved resolution which states: "All previously allowed uses and conditions resulting from prior City Council resolutions and/or "grandparent" rights for Arco Auto and Marine shall become null and void, one year after the date of City Council adoption of the resolution approving the conditional use permit for Glass Plus. At that time, the uses and conditions identified in the conditional use permit for Glass Plus will apply to the entire property." The City of Mound has straggled for many years with the appearance and operation of this particular property, due to the nature of the business itself and due to the operational practices of the former owner and staff. Mr. Custer's request to have the option to continue past uses is contrary to the City's efforts to remove this land use from the downtown area. Specifically, the request includes the ability to continue to operate the following on the property: 1. Auto Body Repair 2. Boar Repair 3. Boat Trailer Building 4. Welding 5. Sale of Used Autos, Boats and Boat Trailers Specific conditions of number 5 above limit sales to not more than 12 cars at any one time and "the display of autos, boats and boat trailers for sale shall be limited to the paved portion of the site abutting Shoreline Boulevard." Glass Plus has run a neat and orderly business on their portion of the property since establishing their location in Mound. They have previously identified plans that will further upgrade the property. They clearly have established a business that has become and asset to the City of Mound. To allow the potential reoccurrence of the types of uses formerly allowed on the property would be contrary to the best interests of the community and the downtown area. The exclusion of the uses formerly allowed would be consistent with the resolution that was approved in 1995. RECOMMENDATION: Staff r~ornmends that the Planning Commission recommend approval of a conditional use permit for Glass Plus to allow the following uses at 5533 Shoreline Drive: 1. Vehicle glass repair and replacement. 2. Glass products and services showroom. 3. Aluminum fabrication that is incidental to the glass and window replacement business. Planning Report - Glass Plus Conditional Use Permit April 4, 1996 Page 3 Approval of the aforementioned uses is contingent on the following conditions: 1. All signage for Glass Plus shall conform to the Mound Sign Ordinance, taking into consideration that there are two street frontages for this building. Prior to initiating any future improvements to the property, the Glass Plus owners shall prepare a detailed site improvement plan identifying removals of fencing and other items and clearly denoting all improvements. The site improvement plan shall be approved by City Staff prior to implementation. 3. All proposed interior and exterior building improvements shall comply with applicable building, health and fa'e codes. 4. The Glass Plus owner shall keep the Building Official apprised as to the status of site contamination and required monitoring and clean-up efforts. 5. Overnight parking for company vehicles shall be within the building or fenced areas. 6. All service work performed shall occur within the building or within screened areas. 7. Outside storage shall be expressly prohibited, unless properly screened. All trash and recycling container shall be in conformance with City Ordinance requirements. Application for CONI)mONM~ USE PERMIT city of Mound 5341 Maywood Road, Mound, MN 55364 Phone= 4?2-0600, Fax= 4?2-0620 Planning Commission Date:~ City Council Date: Distribution= City Planner: City Engineer: Public Works: Other: J Conditional Use Permit Fee: $200.00 INFORMATION DESCRIPTION Subdivision APPLICANT The applicant is: ~wner other: Name ~ Address ~7~ {if other than Addross applicant} NamePh°"' {H) /__~/~ (W) (M) ARCH~ECT, SURV~OR, OR Address ENGINEER Phone (H) (W) (M) ZONING Circle: R-1 R-1A R-2 R-3 ~-2 B-3 DISTRICT C~NGE OF FROM: USE TO: 'rev, 12/7/94 Conditional Use Permit Application Page 2 Description of Proposed Use: EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ _-~.~.~-L~ Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ~ yes, ( ) no. If yes, list date(s) of application, action taken, resolution numbWr(s) and provide copies of resolutions. ert-y~er' s Signature Date Date cev, 12/7/94 , MINUTF__~ - MOUND CITY COUNCIL -APRII. 11, 1995 PUBLIC HEARING: TO CONSIDER THE MODIFICATION OF A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF AND ADDITIONAL MINOR AUTO REPAIR BUSINESS KNOWN AS GLASS PLUS AT 5533 SHORELINE DRIVE (ARCO AUTO & MARINE) LOCATED IN THE B-1 CENTRAL BUSINESS DISTRICT. The Building Official explained that the owners have applied for a Conditional Use Permit to allow the operation of a minor auto repair business in conjunction with the present business, Arco Auto and Marine. Glass Plus has 3 employees and does vehicle glass replacement as well as well as residential and commercial glazing. Staff and the Planning Commission reviewed the request and have recommended approval with conditions. The Building Official stated that a letter was received after the Planning Commission Meeting from Curtis Johnson, 5545 Shoreline Drive, (adjacent business owner), expressing concern over previous violations of the Conditional Use Permit. He also suggested an additional condition be added to the proposed resolution dealing with the parking of large boats blocking the view of his property and his outdoor lighted sign. The Building Official did not have a problem with adding this condition. He showed the area in question with cross-hatching on the plan. Mound City Council Minutes April 11, 1995 Councilmember Hanus stated that we are looking at a CUP for Glass Plus but, the cross hatched area is not assigned to Glass Plus, it is assigned to Arco. The City Attorney stated you can only look, from a zoning standpoint, at the property as a whole. He stated you cannot look at this as two property owners because there is only one property. Councilmember Hanus questioned prior CUP allowance of these boats in this area for sales purposes. He asked if this new CUP would override the previous CUP's that have been given? The City Attorney stated this is an amendment. All the prior CUP's are being amended and as this proposed CUP is written, this would no longer be allowed. Councilmember Hanus asked for a breakdown in percentages of auto work, commercial glazing, residential glazing, etc.? Applicant Ken Custer, stated he does not have those figures at his time but they are planning on increasing the auto glass business. Currently, the majority of what they do is publishing a newsletter, representing about 17% (12% is auto glass); glazing represents about 44 %; and labor is catagorized as the rest. Mr. Custer stated that the portion cross-hatched is new to him today. He stated he does have to give Vic some place for his boats. He had heard about the problems with storage of boats across Auditor's Road and in the CBD parking lot and this crosshatched area was his solution for those problems. Councilmember Jensen asked the City Attorney the following: "The way this is set up, in a year the Arco Century place is supposed to cease and desist. What if it doesn't?" The City Attorney stated, "I don't think you take a use and divide the zoning between two people. Zoning is use of the property. It doesn't relate to the people. I don't understand how you are going to enforce this if, for some reason, they decide they are going to go for five years. You are not talking about the people who are buying or the people who are selling, you are talking about property. You don't control people, you control uses of property and that is the only thing you have control over. As I understood this, what you are doing is amending what is an existing CUP to allow an additional use on the property. It has nothing to do with the people who are buying or the people who are selling." Councilmember Jensen asked if it was possible to issue a CUP that has a portion of it under a sunset clause that says we will issue a CUP for this property that allows the boat repair and whatever else it is for a period, up to a certain point, and then the CUP is automatically changed so that it cannot be used for that anymore? The City Attorney stated you could issue the permit for one year and review it at that time, but what effect we would be able to have at that point, if they don't live up to the representations that were made, would be difficult. Councilmember Jensen stated that since we have not been able to enforce the CUP that is currently in place, she is concerned about this one. Mound City Council Minutes April 1 I, 1995 The Mayor opened the public hearing. Paul Meisel, 5501 Bartlett Blvd., (member of the Economic Development Commission). He reminded the Council that in their recommendations there are some changes in Auditor's Road that would impinge on that particular property to the point where a portion of it may have to be bought by the City. The Council stated they were aware of that. The Mayor closed the public hearing. The Council discussed putting another condition in the CUP which would limit the height of boats placed in the cross-hatched area. They further discussed having ail the prior conditions in previous CUP's be complied with before issuance of this CUP. The Council discussed the fact that the way this resolution reads right now, there are no guarantees that the other business will disappear within a year. Councilmember Hanus stated he is ail for this thing happening but he wanted to make sure that the neighbors concerns are addressed and that the new buyer can live with the conditions of the CLIP. If that means restricting that area from storage or moving that area to another area of the property for storage or restricting the height of what is stored there, are ail options. The Council discussed the fact that this letter of objection was just received and was not seen by the Planning Commission. They also discussed previous CUP's and the conditions that have not been met by the current business on the property. The applicant stated that Arco is in forclosure and under his purchase agreement, they have to vacate the property, by lanuary 1996, so that will resolve the problems. He stated he does have to leave Arco some space until that time. He then stated Arco has to leave 12 months from when this CUP is granted. The Council discussed leaving things as they are for one year and then assessing the situation at that time. ts4)-. Hanus moved and Ahrens seconded the following resolution: The City Attorney suggested the following language be added to the proposed resolution of approvai. 'This permit shail be effective for one year, at which time the property owner will apply for and be subject to a reapplication and review because of representations made by the applicant that the property will be brought into conformance with ail previously approved permits and conditions established by this Council. The reapplication fee shail be waived.' The Council agreed. RESOLUTION//95-38 RESOLUTION TO APPROVE A CONOrrtONAL USE PERMIT TO ALLOW THE OPERATION OF A MINOR AUTO REPAIR BUSINESS KNOWN AS GLASS PLUS IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5533 SHORELINE DRIVE, AUDITOR'S SUBDIVISION t/170, LOT 5 AND THE WESTERLY 50 FEET OF LOT 6, PID//13-117-24 33 0078, P & Z CASE t/95-07 The vote was unanimously in favor. Motion carried. CERTIFICATE City of Mound STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, hereby attest and certify that: As such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed. I have carefully compared said extract with said original record. I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City held on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to: RESOLUTION #95-38 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A MINOR AUTO REPAIR BUSINESS KNOWN AS GLASS PLUS IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5533 SHORELINE DRIVE, AUDITOR'S SUBDIVISION NUMBER 170, LOT 5 AND THE WESTERLY 50 FEET OF LOT 6, PID 13- 117-24 33 0076, P&Z CASE #95-07 Said meeting was duly held, pursuant to call and notice thereof as required by law on: APRIL 11, 1995 WITNESS my hand officially as such Clerk, and the sale of said city, this 287H day of APRIl , 19 95 - CITY CLERK seal RESOLUTION 3"95-38 April 11, 1995 1LE~OLUTION TO APPROVE A CONDITIONAL USE PERM/T TO ALLOW THE OPERATION OF A MINOR AUTO REPAIR BUSINESS KNOWN AS GLASS PLUS IN TttE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5533 SHOREI.INE DRIVE AUDITOR'S SUBDIVISION NUMBER 170, LOT 5 AND TltE WESTERLY 50 FEET OF LOT 6, PID 13-117-24 33 0076, P&Z CASE g95-07 WI:t-KREAS, the owners of Glass Plus, Kenneth and Sally Custer, have applied for a Conditional Use Permit to allow the operation of a Minor Auto Repair Business at 5533 Shoreline Drive, and; WltEREAS, the applicant's are proposing to operate in conjunction with the existing Minor Auto Repair Business at this property, known as Arco Auto and Marine, Inc., owned by Cossette Properties, and; WHEREAS, Arco Auto and Marine is currently operating under a number of conditional use permits that date back to 1978, including Resolutions 89-42, 89-1, and 78-488, and; WHEREAS, Minor Auto Repair Businesses are allowed in the B-1 zone through the issuance of a Conditional Use Permit. Glass Plus is classified as a minor auto repair facility since they will provide on-site repair and replacement service for vehicle glass as well as other glass products, and; WHEREAS, according to information supplied by the applicant, they will lease space to Arco for the next 6 to 12 months. At the conclusion of the lease, the auto and boat repair business will relocate outside of the City of Mound, and; WHEREAS, the proposal by Glass Plus to occupy the Arco building should improve the appearance of the overall area. It is their intent to clean up the building and property by removing existing ~"ash and debris from the west lot. Furore improvements may include remodeling of the front of the building, removal of portions of the existing fencing, and creating an expanded customer parking area, and; W~tEREAS, initially, Glass Plus is proposing to occupy approximately 38% of the interior building area and approximately 65 % of the exterior area, and; WHEREAS, presently, Glass Plus has three employees. They do on-site and off-site vehicle glass replacements as well as residential and commercial glazing for houses, apartments, offices and shopping centers. During the winter months, most of the vehicle replacement work will be completed inside the building rather than at the customer's location. The retail component of their business includes the sales of mirrors, shower doors, and custom ordered glass, and; 99 April ll, 1995 WBlgREAS, the Planning Commission has reviewed the request and unanimously recommended approval-, with conditions. 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 Glass Plus to operate a Minor Auto Repair Business at 5533 Shoreline Drive, contingent upon the following conditions: Permit conditions pertaining to Glass Plus and Arco shall be applicable to the respective interior and exterior areas as shown on Exhibits A and B. All previously allowed uses and conditions of approval for Arco Auto and Marine including but not limited to those identified in Resolutions 89-42, 89-1, and 78-488 shall remain in effect but shall apply only to the area occupied by the Arco business as .shown on' Exhibits A and B. All previously allowed uses and conditions resulting from prior City Council resolutions and/or "grandparent" rights for Arco Auto and Marine shall become null and void, one year after the date of City Council adoption of the resolution approving the conditional use permit for Glass Plus. At that time,, the allowable uses and conditions identified in the Conditional Use Permit for Glass Plus will apply to the entire property. Ail signage for Glass Plus shall conform to the Mound Sign. Ordinance, taking into consideration that there are two street frontages for this building. Prior to initiating any improvements to the property, the Glass Plus owners shall prepare a detailed site improvement plan identifying removals of .fencing and other items and clearly denoting all proposed improvements. The site improvement plan shall be approved by City Staff prior to implementation. All proposed interior and exterior building improvements shall comply with applicable building, health and fire codes. The Glass Plus owner shall keep the Building official apprised as to the status of site contamination and required monitoring and clean-up efforts. Ov}rnight parking.for Glass Plus company vehicles shall be within the building or fenced areas. 19'q5 April All service work performed by Glass Plus shall occur within the building or within screened areas. 11, 1995 j. Outside storage for Glass Plus shall be ~xpressly prohibited, unless properly screened. All trash and recycling containers shall be in conformance with City ordinance requirements. k. This permit shall be effective for one y.ear} at which time the property owner will apply for and be subject to a reapplication and review because of representations made by the applicant that 'the property will be brought into conformance with all previously approved permits and conditions established by this. Council. The reapplcation fee shall be waived. This Conditional Use Permit is gmn. ted for the following legally described property: Lot 5 and the Westerly 50 feet of Lot 6. Auditor's Subdivision Number 170, PID #13-117-24 33 0076. This Conditibnal Use Permit shall be recorded with the County Recorder or the Registrar of Titles in ~ennepin County pursuit 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 resolutio~ 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. The foregoing resolution was moved by Councilmember Hanus and seconded by Councilmember Ahrens. The following Councilmembers voted in the affirmative: Hanus, Ahrens~ Jensen, and Polston. The following Councilmembers voted in the negative: none. Councilmember Jessen was absent and excused. Attest: City Clerk Mayor lOl Glass Plus, Inc. P. O. Box 172 Mound, MN 55364 (612) 472-7171 Please note: In the next six months GLASS PLUS will remodel the area facing CR15 from a garage area to a showroom. This will include removing the front garage door and installing large tempered thermal units. This will further improve our outward appearance. . / PROPERTY INFORMATION Legal Description: Zoning: Lot Area: Lot Dimension: Street Frontage: Surface Parking: BUILDING INFORMATION Year Built: Building Dimension: Building Square Feet: HVAC: Docks/Drive-in: Restrooms: Electrical Service: Ceiling Height: Lighting: Column Spacing: Sprinklers: Foundation: Construction: Stories: Space Allocation: TAX INFORMATION PID#: 1993 Estimated Real Estate Taxes: Special Assessments (1993): Total Taxes Special Balance: PRICE INFORMATION Pdce: Terms: Lot 5 and westedy 50' of Lot 6, Auditor's subdivision Number 170 Hennepin County, Minnesota. commercial 16,492 square feet 124' x 127' x 125' x 133' 124.8' 3O 1959 40.4' x 90.5' 3,665 GFA in shop area A/C in office area only Drive-in 12' x 10' Drive-in 14' x 16' Drive-in 12' x 16' 2 400 amp/3 phase 14'- shop area 8' - office area 6' - storage area Fluorescent N/A N/A Concrete metal, concrete, and wood 1 16% office 600 sqff 84% shop 3.065 soft 100°/o 3.665 soft 13-117-24-33-0076 $5,150.51 $2.039.77 $7,190.28 $4,643.86 $125,000 Submit 2 ,I 2 3 ~I0 G L H ,0 12 ,/ April 25, 1989 RESOLUTION NUHBER 89-42 ........ ~--~-u~z~ COS. · 5533 SHORELINE BLVD. · AND WESTERLY 50~ ...... - .... OF LOT 6· AUDITOR'S 8UBD. ~170· g.t.u.! /.D 3.17-24 33 0007 AND O00S. W~EREAB~ on January 10o 1989~ the Council approved a Conditional Use Permit ~Resolution J89-1) for Cossette Properties, Inc., located at 5533 Shoreline Blvd. PID ~13-117-24 33 0007 and 0008; and , NO~/ T~REFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that after review by the Planning Commission and discussion by the Co~ncil on April 25, 1989, the Council apgroved a~. amendment to Item J2 of Resolution ~89-1 which originally read as follows: "2. No flags, banners or flashing lights shall be permitted. Additionally, loud noises or noises over loud speakers shall be prohibite~. ~ Item $2 is no~ to read as follows~ "2. No flag~ banners or flashing lights shall be Permitted. Additionally, loud noises or noises over loud speakers shall be permitted if not allowe~ to exceed 65 decibels at the prope:cty line. Also this amendment, Resolution $89-42, shall be recorded with the County Re~order or the Registrar of Titles in He pursuant to Mxnnesota St~+,,~ ......... nnepin County -~=~ oeo=lo~ 462.3595, Subd. 4. This shall be considered a restriction on how this property b~ used. The property ~wner shall have the responsibility for filing resolution wmth Hennepin County and paying all costs ~o= recording. Proof of recording must be filed with the City Ch~rk., of Mound, follows: BE IT FURTHER RESOLVED by the City Council of the City Minnesota~ that Resolution ~89-1 be amended to read ~'. Apri~ 25, 1989 RESOLUTION NO. ~U~~A CONDITIOI~ USE PERMXT FOR ICUSSETTE PR~PERTIES~Cj~ LOCATED AT 5533 SHORELINE BLVD, -t-- ~-PID %13-117-24 33 0007 ~ 0008 ; WHEREAS, the City Council on October 25, 1988 held a public hearing pursuant to Section 23.505 of the Mound Code of Ordinances to consider the issuance of a Conditional Use Permit for the operation of an auto body/boat repair facility at 5533 Shoreline Boulevard, PID ~ 12-117-24 33 0007 a/%d 0008; and W]tEREAS, the applicant requested approval of a Condi- tional Use Permit to operate the repair facility and associated uses consistent with either grandfathered rights or the uses identified in Section 23.625.3 of the Mound Zoning Code; and WHEREAS, the Planning Commission has reviewed the request and recommend approval; and ""'{~nd WXEREAS, all persgns wishing to be heard were heard; W~REAS, the matter has been continued for further in- vestigation until January 10, 1989. NOW, THEREFORE, B~ .IT RESOLVED by the City Council of the City of Mound, Minnesota, that the Conditional Use Permit 'for the operation of the auto/boat repair facility and listed as- sociated uses is hereby approved subject to the following condi- tions for the following legally described property: '*Lot 5, Auditor's Subdivision No. 170" - PID ~13-115-24 . 33 0007 and "The Westerly 50 feet of Lot 6, Auditor's Subdivision 170" - PID ~13-117-24 33 0008 Uses allowed on the property shall be limited to: A. AUto Body Repair B. Boat Repair Boat Trailer Building Welding E. Sale of Used Autos, Boats and Boat Trailers / gq-4Z , 0 Other Permitted B-1 Uses April 25, 1989 No flags, banners or flashing lights shall be permitted. Additionally, loud noises or noises over loud speakers shall be permitted if not allowed to exceed 65 decibels at the property line. Display of autos, boats and boat trailers for sale shall be limited to the paved portion of the site abutting Shoreline Boulevard. Vehicles for sale shall not be parked on public right-of-way. The premises shall be maintained in a neat and orderly man- ner at all times. There will be no wrecked or damaged vehicles, on propprty outside of the enclosed area. The permit holder shall be prohibited from using the Central Business District parking areas and any public roads includ- ing Auditors Road for storage and repair operations. Employee and customer parking in the Central Business Dis- trict lots shall comply with the Mound parking regulations. Fencing shall comply with Section 23.415 of the'Mound Zoning Code. The property shall also comply with the performance requirements of Section 7 of the Mound Zoning Code. Hazardous materials shall be stored in an enclosed building and discarded in full compliance with all State and Federal requirements. All body work, fiberglas work and painting will be performed in an enclosed building area conforming to State and Federal Ventilation and emission requirements. 9. Tax parcels shall be combined. 10. All signage shall comply with the Mound Sign Ordinance within 90 days of the date of the approval of this permit. parts shall be kept within screened All trash and waste auto enclosures. 12. Gates along fenced storage areas shall be kept close at a11. times except when access is required for parking or removing vehicles. 13. This Conditional Use Permit is legally described property: 3 granted for the following 74 April 25, 1989 "Lot 5, Auditor'~ Subdivision No. 170. - PID ~13-117-24 33 0007 and "The Westerly 50 feet of Lot 6, Auditor's Subdivision 170" - PID ~13-117-24 33 0008 Also this amendment, Resolution $89-42, shall be recorded with the County Recorder or the Registrar of Titles in Hen- · 'nepin County pursuant to Minnesota Statutes Section 462.3595, Subd. 4. This shall be considered a restriction on how this property may be used. 14. The property owner shall have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. Proof of recording must be filed with the city Clerk. The foregoing resolution was moved by Councilmember Johnson and seconded by Councilmember Jensen. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Counctlmembers voted in the negative: none. Attest: City Clerk iq£3 · '~,". ' '.,i' · , , ~ECE:, .... Oc.tober 24, 1978 ...'..."..... Councllmumbar Swenscm mo/r,d the fr~llowinq rc,.~olution "~"":"~" - ' RESOLUT I ON NO. 78- 488 · .. RESOLUTION TO CONCLIR ~ITH THE RECOMHENDATION OF THE PLANNING COMMISSION TO GRANT THE SPECIAL USE PERMIT AS R[QUESI'ED WITlt ADDITIONAL STIPULATIONS WHEREAS, owner of property described as t. ots 5 and part of Lot 6, Auditor's Subdivision //170, have: applied for a speciz.,1 use permit, and WHEREAS, said property although ;,oned Commercial does not specify the sale .. of automobiles, and a special u.,,e permit i'.'; necessary, and 'WHEREAS, a public hearing is necessary before naid permit can be issue~l. NOV/, THEREFORE, BE IT RESOLVED BY 'rile CITY C. 0111'~CIt. OF 'rile CITY OF Mr)I. JND, MOUND, MINNESOTA: That Council concurs with the recommendation of the Planning Commission to grant the Special U.';e Permit as requested with additional st/pulatic, n~. Said stipulations are: That sales be limited to not more than 12 cars on sale at one time. That the graveled area alonfl Shoreline Blvd. be blacktopped or covered with concrete and sidewall< i)e repaired or reconstructed, where damaged, as specified by Engi~,eer. That no flags, bannern or fla.,;hing lights be permitted; also no loud noises or noir. es over loud ,,peaker5 l)t',, permit:Led The premises be maintained in anent o.n(I or(lerl'y, manner That the permit hold(-:r be prohibited from u~ing th(': C.B.D. parking' area for storable of cars for hale. The motion for the adoption O~ the foregoing resolution was duly seconded by Councilmember Fenstad, and upon vote being taken thereon, the following voted in favor thereof; Fenstad, Lovnasen, Polslon, Swnn~;rm and Wi lhhart, the follow- ing voted against the same, none; whereupon '.;aid r,",(~l~lir,r, wns dr:clared passed and adopted,'signed.by thc Mayor and his 5igm'lt,~r(: ,,tlested by the City Clerk. · : .: s/Tim L. ovaasen Mayor st g "ty-~Ffi'i:'k7 ........................... VAC DOC ~ 25.05 PARk' AUD 8 176 ('78) (79) (81) ~'~ W ...,o e: O-fU~D4 ~,(80)'s ,~,~(~)~ ~.o~ 6~5~ _ _...~..~6~?-..Z..~ - -' ...' ~37.5i ,, - _ _ .:~ ,o .. SHOREL--~NE-~ -, ? (2) /'¢.. (3) (6) II LO'f t~ RD ~ N W~st. onk~ Are~ Chamber of Commerce 4165 Shoreline Dr., Suite 40 At The Yacht Club, Spring Park, MN 55384 · (612) 471-0768 April 17, 1996 City of Mound City Council To Whom It May Concern: In regards to my attending your City Council Meeting on Tuesday May 14, 1996, I will be requesting that you hang a banner for the Maiden Voyage of the Minnehaha Steamboat in your community. I will be requesting input from the Council on how they feel about the Westonka Area Producing a Banner to tie all the communities together. This can be accomplished through the Chamber with assistance from each of the six communities. I will only need about 5-10 minutes. Thank you for putting me on your agenda. Sincerely, Teresa Fogarty Director "Working Tog~thcr'~ $~ru~ng th~ ¢ommun~t~s o[ /v/~nn~tonka B~ach, /v/~nrz¢~r~$ta, ~ound, Orono (Hauarr~), Spdng ?ar~, and St. Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. MEMORANDUM May 9, 1996 To: Mound City Council From: Bruce Chamberlain, Lost Lake Project Manager Re: Submittal of federal Environmental Assessment (EA) and state Environmental Assessment Worksheet (EAW) for the Lost Lake Canal project. Enclosed in your packet are drafts of the EA and EAW for your review and discussion. The EA has been prepared because federal dollars will be used to construct the project. The EAW has been prepared because the project meets two threshold tests having to do with work in wetlands. City Council approval of the EAW is required prior to sending the document to the Environmental Quality Board in late May and beginning the formal 30 day comment period. Mn/DOT organizes the EA process and does not need formal Council approval. The important Corps of Engineers and DNR permits needed for the project will be submitted concurrently with the environmental documents. The two documents are very similar but in some cases different information is provided based on the questions. The Exhibits are the same for each document. I will be available at the meeting to answer any questions and take comments you may have. In addition to the environmental documents, I will be presenting a revised concept plan which you saw at a recent COW meeting and some detailed design components of the project; primarily the greenway and streetscape features. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 1~/~7 ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) NOTE TO PREPARERS This worksheet is to be completed by the Responsible Governmental Unit (RGU) or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet, but is not to complete the final worksheet itself. If a complete answer does not fit in the space allotted, attach additional sheets as necessary. For assistance with this worksheet contact the Minnesota Environmental Quality Board (EQB) at (612) 296-8253 or (toll-free) 1-800-652-9747 (ask operator for the EQB environmental review program) or consult "EAW Guidelines," a booklet available from the EQB. NOTE TO REVIEWERS Comments must be submitted to the RGU (see item 3) during the 30-day comment period following notice of the EAW in the EQB Monitor. (Contact the RGU or the EQB to learn when the comment period ends.) Comments should address the accuracy and completeness of the information, potential impacts that may warrant further investigation, and the need for an EIS. If the EAW has been prepared for the scoping of an EIS (see item 4), comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. 1. Project Title Lost Lake Canal Rehabilitation Pro.Jec~ 2. Proposer Ci.ty of Moun~l 3. RGU Ci.tyofMound Contact person Bruce Chamberlai~ Contact person Bruce Chamberlail~ Address 5341 Maywood Road and title Mound. MN 55364-1687 Address Phone Economic Development Coordinator 5341 Ma.vwood Road Mound. MN 55364-16~7 Phone 612/472/0600 4. Reason for EAWi _ EIS $. Project Location 'Mandatory EAW _ Citizen Petition _ RGU Discretion _ Proposer Volunteered give EQB rule category number(s) Section 4410.4300 subp. 25 and 27 SW 1/4; SE 1/4 Section 24 and 23 respectively Township ~ Range 23 West County ~ City/Twp ~ 6. Description Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. In 1906, during the peak of Lake Minnetonka's resort era, a boat canal was excavated from Cooks Bay to downtown Mound through a wetland now called Lost Lake. The ~ mile long canal was originally about 50 feet wide and terminated close to the center of downtown with a large cul-de-sac where the passenger steamboats would board and drop off their guests. The historic canal and wetland are the focus of Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 2 May 1996 Mound's current downtown revitalization efforts and the focus of this Environmental Assessment Worksheet. The existing Lost Lake canal bisects approximately 55 acres of contiguous wetland. The National Wetland Inventory map for the area indicates the complex to be comprised predominantly of seasonally to semi-permanently flooded palustrine emergent wetland (PEMC and PEMF; Circular 39 types 3 and 4 shallow and deep marsh) with one area of excavated semi-permanently flooded palustrine unconsolidated bottom wetland (PUBx; Circular 39 type 5 open water). Lost Lake is connected to Cooks Bay of Lake Minnetonka via the Lost Lake boat canal. The canal runs south beneath Bartlett Boulevard (County Road 125) which bridges the canal, providing sufficient clearance for recreational boat traffic. As the resort era faded on Lake Minnetonka around 1925, the Lost Lake canal and wetland fell into neglect. The canal has narrowed to about 20 feet as siltation has occurred and aquatic plants have recolonized historically dredged areas. Until recent wetland laws, land in downtown slowly crept further into the wetland with little regard for the wetland edge. In the 1960's, a large portion of the wetland and canal were filled to erect a new Post Office and street. Another comer of Lost Lake was filled by a garbage dump and the land mass later became the City's public works storage site for road sand, salt and snow. There is little or no buffer between paved surfaces and the wetland. Stormwater run-off from nearly all of downtown is piped or runs overland directly into Lost Lake without treatment or detention. See Exhibit 1 showing an aerial view of the area. Even though Lost Lake plays little importance in the community today, the City hopes to transform it into the center of community life and vastly improve its environmental integrity in the process. In 1991 the City of Mound began planning for major downtown revitalization. The City enlisted extensive public involvement to create what came to be called "Mound Visions". The Mound Visions team of community volunteers developed a number of strategies for revitalization, including a redevelopment concept plan focusing on the rehabilitation of the Lost Lake wetland and canal. In 1994, Mound was selected for ISTEA funds to rehabilitate the Lost Lake canal. This selection prompted the City to undertake an adjacent street realignment and reconstruction project at the same time. Both projects are scheduled for construction in 1997. A federal Environmental Assessment and state Environmental Assessment Worksheet are being completed for the Lost Lake canal project because federal dollars are involved and because the project meets the Minnesota mandatory EAW threshold described in Section 4410.4300 subp. 25 regarding expansion of a marina or harbor project and subp. 27 regarding work in wetlands and protected waters. Defining the Lost Lake project and all related projects is somewhat cumbersome because of the project's complexity and the breadth of changes expected in downtown Mound. The Lost Lake project is the first step to redevelopment of nearly the entire downtown. Two categories of activity are defined in this document which impact Lost Lake. Direct pro!ect activities: This category describes the Lost Lake canal project and its connected and phased actions. These activities, except as noted below, are part of the 1997 project. The 1997 project will occur between May and October. Related activities: This category describes redevelopment anticipated to occur in 1997 and beyond which is related but unconnected to the Lost Lake Canal Project. Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 3 May 1996 Direct Project Activities Canal dredge: This activity includes re-dredging the canal from Cooks Bay on Lake Minnetonka to downtown Mound. This component of the project includes only the dredging needed to restore the canal to a historic and minimally safe width of 50 feet plus three boat pull- outs for boater safety (see Exhibit 2). The canal will be constructed according to the cross sections shown in Exhibit 3. The water surface area of this component of the dredge is 139,000 square feet. A majority of the proposed surface area is currently open water, the remainder being cattails. This activity will occur entirely below OHW. Transient dock and boat maneuvering area dredge: This activity includes dredging the transient dock area west of the canal and the boat maneuvering areas outside of the historic dredge limits (see Exhibit 2). The water surface area of this component of the dredge is 52,000 square feet. This activity will occur entirely below the OHW. Permanent docking facility dredge: This activity includes dredging that portion of wetland needed to gain access to the permanent docking facility (see Exhibit 2). The water surface area of this component of the dredge is 4,000 square feet. This activity will occur entirely below the OHW. This aspect of work will not occur as part of the 1997 construction project. Restoration of previously filled wetland: This activity includes excavation of previously filled wetland areas including the post office site and the future boat docking facility (see Exhibit 2). Restoration of the docking area is not part of the 1997 project but the post office site is. The total area of restoration is 31,000 square feet (14,000 - post office site, 17,000 - dock site). Roughly U3 of the restoration areas will be open water and 1/3 will be restored wetland vegetation. Wetland ve_~etation restoration: This activity includes revegetating some of the dredged areas with native, Iow growing emergent vegetation (see Exhibit 4). Low growing vegetation is proposed to allow adequate sight-lines for boater safety in the center of the boat maneuvering area and to create a native wetland edge in other areas. The City proposes to conduct on-going management of these areas to prevent the reestablishment of an exotic cattail monoculture. The total area of restoration is 29,000 square feet. Restoration and stabilization of the north wetland edge: Three types of edge treatment are proposed: 1) rip-rap edges in the boat docking areas, 2) vegetative edges in the wetland restoration areas, 3) rehabilitated edges where previous filling has degraded the natural edge and 4) wall edges under the fishing pier and around the transit boat landing (see Exhibit 4). Rip-rap edges will be granite boulders at a 2:1 slope. Rip-rap will be extended only 2 feet above the OHW to minimize visual impact. Vegetative edges will be planted with native emergent and transitional species. The City proposes to conduct on-going management of these areas to prevent the reestablishment of an exotic cattail monoculture. The rehabilitated edges are all filled edges and very steep, the City proposes to pull the slope back (at the discretion of the DNR) to create a higher quality edge. Wall edges are proposed only at the piers for structural and boat docking purposes. See Exhibit 5 for cross sections of edge treatments. Reconstruction of sea walls at the south end of the canal: The southern 200 feet of the canal (from the Bartlett Blvd. bridge to the mouth) narrows to 30 feet and runs through a residential area. There are existing sheet pile sea walls along the edges of the canal which will be Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # $.P. 145-080-01 Page 4 May 1996 replaced in their current location. A portion of this area has a rip-rap edge which the City proposes to replace with sea walls to allow adequate width for boats and to protect the adjacent residences (see Exhibit 6). Bridge and utility modifications: When the Bartlett Boulevard bridge was constructed, little attention was paid to cleaning up concrete over-runs at the abutments and temporary wood pilings were never removed from the bottom of the canal. These two items will be removed from the canal bed to allow dredging to the designated depth. There are also utilities under the canal which will likely need to be lowered to accommodate dredging. These activities do not impact the structure of the bridge itself. Construction of transient docks and fishing pier: This activity includes constructing 12 slips (6 docks) and a fishing pier in the transient dock area. The docks are proposed to be the floating type. Each dock will be attached to shore individually which helps minimize the dredge area and allows for native plantings along the top edge of the rip-rap shore. The pier is proposed to be a permanent structure with an arched-opening concrete perimeter and wood decking spanning the water below. The shoreline under the pier will be sheet pile with a concrete cap. The surface area of the pier is 1,200 square feet in an oval form. The pier extends roughly 60 feet along the shore and extends up to 28 feet into the wetland. See Exhibits 7 & 8 for plan and details of docks and fishing pier. Construction of a transit boat pier: This activity includes constructing a pier for docking and boarding an historic transit boat and providing the dock-to-land connection for the permanent docking facility. The pier will be constructed outside of the current wetland boundary and then the wetland will be restored around its edges (see Exhibit 7). The pier will be a permanent structure constructed of concrete. The pier is a 1999 activity. Construction of permanent docking facility: This activity includes constructing up to 22 boat slips. Docks are proposed to be the floating type using a marginal dock connected to the transit boat pier and each of the finger docks will then connect to the marginal dock. There will not be a fueling station or boat lift as part of this facility. This aspect of work is a future activity and will not occur as part of the 1997 construction project. Nearly all of the docking facility will be constructed within a previously filled wetland area. Construction of a boardwalk across a portion of the wetland: Approximately 200 feet of floating boardwalk is proposed across the north end of the wetland as a 1999 activity (see Exhibit 7). The boardwalk is intended as a wetland interpretation experience and to provide access from downtown to the transit center/farmers market site. Installation of wildlife nesting structures: As part of the project, nesting structures will be installed in appropriate areas of the wetland and shoreline to accommodate waterfowl song birds, bats, butterflies, etc. Related Activities Construction of Auditors Road: Auditors Road is currently a back alley in downtown. Reconstruction of the street scheduled for 1997 will transform it into the new main street of Mound. Eventually new retail structures will be developed along the street to face Lost Lake (see Exhibit 7). Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Proiect # S.P. 145-080-01 Page 5 May 1996 Creation of a greenway around the north perimeter of Lost La~ce~: The greenway will act as a vegetative buffer between the built environment of downtown and Lost Lake. The greenway will also allow the planting of overstory trees to shade the shoreline and reduce heat gain from paved surfaces. The greenway land will be set aside as part of the 1997 project but enhancements and landscaping will not be implemented until 1999 (see Exhibit 7). Creation of the downtown stormwater management plan: The City of Mound is working with the Minnehaha Creek Watershed District to create the stormwater plan. As redevelopment occurs, stormwater will be detained and treated according to the plan. Lost Lake currently receives nearly all downtown runoff, none of which is treated. Redevelovment of the public works storage site: For many years the City has stored their public works material including road sand, salt and snow on a site adjacent to Lost Lake. Runoff from the site into the wetland has been an environmental concern for some time. In preparation of the Lost Lake canal project, the City has built a new storage facility in a suitable location with proper containment. The old site will be redeveloped as a result of the Lost Lake canal project and the greenway will buffer any development on the site from Lost Lake (see Exhibit 7). R~10cation of County. Road 15: County Road 15 is scheduled for relocation in the year 2000. This activity will have the greatest impact on the quality of stormwater runoff entering Lost Lake. Stormwater Ponds built to NURP standards will be constructed as part of the roadway project to accommodate downtown runoff (see Exhibit 7). The project will also enable much of the commercial redevelopment in downtown. Redevelopment of downtown structures and sites: The majority of downtown will be redeveloped especially in the Lost Lake area. Lost Lake will become the focus of the community with a complete integration and co-existence of residence, commerce, recreation, transit and the natural environment. 7. Project Magnitude Data Total Project Area (acres) 5.8 Number of Residential Units NA Unattached Nm Attached NA or Length (miles) Commercial/Industrial/Institutional Building Area (gross floor space) Total NA square feet; Indicate area of specific uses: Office MA NA Retail NA Warehouse NA NA Light Industrial NA Nm Other Commercial (specify) Building Height(s) NA Manufacturing Other Industrial Institutional Agricultural NA Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 6 May 1996 8. Permits and Approvals Required List all known local, state, and federal permits, approvals, and funding required: Unit of Government Federal: T.vpe of Application 1) U.S. Army Corp of Engineers Section 404 Permit 2) Federal Advisory Council on Historic Preservation Section 106 review 3) PCA Water Quality Certification Statu~ 1) Will submit concurrently with the EA & EAW 2) Completed (See Exhibit 11) 3) Will submit concurrently with the EA & EAW State: 4) DNR Protected Waters Permit 5) DNR dock permit 6) MPCA Individual Dredge Disposal Permit 7) DNR Aquatic Management Permit 4) Will submit concurrently with the EA & EAW 5) Submit prior to construction 6) Submit prior to construction 7) Submit prior to construction Local: 8) Minnehaha Watershed District 8) Grading Permit 9) LMCD grading and dredging permits 9) 10) LMCD dock permit 10) Submit prior to construction Submit prior to construction Submit prior to construction 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. The vast majority of the project area is within a wetland and to the City's knowledge, past uses of the wetland will not contribute to any environmental concerns. The canal touches upland areas in two general locations: 1) residential property along the southern 200 feet of the canal and 2) retail/commercial/vacant property at the north end of the project area. In the residential area, native and ornamental vegetation will be planted along either side of the canal to enhance that already existing vegetation and to minimize potential visual and noise conflicts between the residences and boaters (see Exhibit 6). At the north end of the canal, most of the property is retail/commercial with little or no green buffer between development and the wetland. The City acknowledges this as an environmental concern and is taking steps to eliminate the concern including creating the proposed greenway around the north side of the wetland and developing a stormwater management plan. The property of greatest environmental concern is the former public works storage site adjacent to Lost Lake (the boat docking facility is proposed within this site). The site was used as a private and public dump site through the 1950's and 60's and used for storage of public works materials until 1995. In 1982 the MPCA initiated ground water monitoring and did an extensive review of the property. The MPCA "cleared" the site in 1985. Because of contamination concerns from the adjacent site and because the City intends to beneficially reuse the dredge spoils from the Lost Lake project, Braun Intertec was retained in 1994 to conduct extensive pollution and contaminant sampling of the dredge areas (see Exhibit 10). Braun worked closely with the MPCA to ensure testing occurred for the appropriate contaminants and in the l'4q 3 Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 7 May 1996 correct manner. The contaminant level was negligible for all but mercury and lead which were at levels above chronic standards but below maximum levels. In correspondence enclosed as Exhibit 11, MPCA staff address the findings and states that the project will have no significant impact on pollutant loading the lake as long as prudent measures are taken during construction. These measures will be incorporated into project plans and specifications. The MPCA also indicates that the dredged material is suitable for reuse as compost soil amendment. There are no potential environmental conflicts anticipated between the project and existing surrounding land uses which may require mitigation. 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development (before and a~er totals should be equal): Before After Types 2 to 8 Wetlands Wooded/Forest Brush/Grassland Cropland Urban/Suburban Lawn Landscaping Impervious Surface 55 55.71 0 0 0 0 0 0 0 0 .71 0 11. Fish, Wildlife, and Ecologically Sensitive Resources Peterson Environmental Consulting, Inc. has completed a biological survey for the Lost Lake canal project. Their study includes 1) classification of predominant vascular plant communities, 2) an assessment of the potential for the site to harbor any threatened and/or endangered species, 3) a qualitative evaluation of available fish and wildlife habitat and 4) an analysis of anticipated impacts associated with the restoration of the canal and construction of docking areas. The full report is enclosed as Exhibit 9. a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. (The following is copied from Biological Survey Report, Lost Lake Boat Channel Restoration - Mound, MN, May 19, 1995; Peterson Environmental Consulting, Inc.) The restoration of the original boat channel and construction of transient and marina slips is not expected to meaningfttlly reduce the availability of habitat necessary to maintain viable populations of the plant, wildlife or fish species mentioned above. The proposed channel restoration will essentially re-establish conditions as they existed at the turn of the century and will increase wetland acreage by removing fill deposited during the construction of Auditors Road. While the boat channel bisects Lost Lake, it only affects a small proportion of a large monotypic marsh dominated by cattails. Based on our field observations, the channel and its associated boat docking areas actually lend some diversity to an otherwise uniform wetland system. The boat channel has provided muskrats with direct access to the center of Lost Lake, as indicated by a substantial number of muskrat houses on either side of the channel. The muskrats have created more open water through their feeding and house building activities, which in turn has increased the value of this Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 8 May 1996 area for nesting and feeding waterfowl as well as for herons and other wading birds. The wildlife that we observed during our field review were concentrated in and around the channel, due apparently to the feeding opportunities provided by the interspersion of vegetation and open water. Because of Lost Lake's relatively large size in proportion to the channel area and proposed marina, marsh fragmentation does not appear to represent a significant problem. Lost Lake has experienced some encroachment by purple loosestrife; however, this encroachment appears to be relatively minor in the channel area. The proposed project should not result in any expansion or acceleration of purple loosestrife infestation, since this plant colonizes heavily vegetated areas rather than open water. The existing channel is already infested with Eurasian watermilfoil; the proposed channel restoration should not result in any exacerbation of the existing problem. However, care should be exercised in the cleaning of dredging machinery and the disposal of dredge spoil to ensure that no severed plant parts reach other uninfested waters. Based on a study completed by the MDN-R in 1994, measuring the average boat traffic generated at marinas and transient docks on Lake Mirmetonka (Tim Kelly, MDNR per. comm. with Bruce Chamberlain, Hoisington Koegler Group, Inc.), the projected boat traffic in the restored channel would total twenty six trips per weekend day and nine trips per weekday. The south end of the existing channel already receives a substantial amount of boat use from the approximately nine water craft that are currently moored there. However, the central and northern part of the channel are relatively unaffected due to the channel's narrow width and the presence of only one dock. The wildlife species observed in the channel are relatively tolerant of human activity; however, the increased boat traffic may impact species whose nesting and feeding behavior occur in the channel and adjacent vegetation. In particular, waterfowl, wading birds (that are generally secretive), turtles and fish may limit their movements and breeding activities within and adjacent the channel corridor and proposed marina, however, given the relatively large amount of marsh habitat available it is doubtful that the project will adversely impact wildlife populations. (End of copy) b. Are there any state-listed endangered, threatened, or special-concern species; rare plant communities; colonial waterbird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? __x Yes _ No If yes, describe the resource and how it would be affected by the project. Indicate ifa site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. (The following is copied from Biological Survey Report, Lost Lake Boat Channel Restoration - Mound, MN, May 19, 1995; Peterson Environmental Consulting, Inc.) The project site was field reviewed by PEC staff on October 11, 1994 and May 15, 1995. Because the wetland on either side of the channel consists of a very homogeneous vegetation type, the field review was limited to the area in immediate proximity to the existing channel and the periphery of the wetland basin. All of the wetland that would be directly affected by restoration of the boat channel and contiguous boat docking areas were explored by canoe while a review of the proposed marina site was conducted from a shoreline vantage point. Notes were taken on; (1) the composition, distribution and abundance of emergent and rooted aquatic plants, (2) wildlife use, (3) the quality of the area as potential fisheries habitat and (4) the number and character of boats docked along the channel. Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 9 May 1996 The Minnesota Depa~ta-~ent of Natural Resources Natural Heritage Program listed the red- shouldered hawk (Buteo lineatus) and the ram's head lady's slipper (Cypripedium arietinum) as historically recorded element occurrences within one mile of the project area. These species are listed as state special concern and endangered species respectively. The red-shouldered hawk prefers habitat comprised of large expanses of lowland hardwoods and/or river bottoms. Iowa studies conducted by Bednarz and Dinsmore (Coffin, 1988), suggest that red-shouldered hawks require a mini_mum tract of 123 hectares of floodplain forest with 70 hectares of upland forest within one kilometer of the nest. Neither the project site or the surrounding land support the preferred red-shouldered hawk habitat. The ram's head lady's slipper primarily inhabits lowland and upland coniferous forests in north and north central Minnesota. The species was last recorded in Hermepin County in 1911 in Purgatory Swamp. This location has since been lost to development. The project site does not support habitat suitable for harboring this orchid. In addition to this, the project area provides potential suitable habitat for three special concern species; (1) king rail (Rallus elegans), (2) common moorhen (GaIlinula chloropsus) and (3) snapping turtle (Chelyrdra serpentina). The king rail is currently proposed (MDN-R proposed revisions, 1994) for upgrading to the state endangered status. The king rail is considered only a casual migrant and summer visitor to Minnesota. Although the present status of this species is unknown in the state there are few recent records and those birds known to have occurred in the state have since disappeared (Janssen, 1987). Except for nesting records at Heron Lake (1973), Houston County (1976), and Steams County (1983), the species has nearly disappeared from the state over the last 10 to 15 years (Coffin, 1988). The loss and destruction of wetland habitats has probably contributed to the species' decline, although reports are lacking from marshes that still appear to supply suitable habitat. Since this species is very secretive, it is possible that human activity may have caused king rails to leave areas that offer otherwise suitable habitat. Although habitat suitable for this species occurs in the general project area, the lack of recent sightings in Minnesota and the amount of human activity around the Lost Lake area make it very unlikely that king rails are present. The common moorhen or common gallinule prefers to utilize patches of common reed (Phragmites australis), sedge (Carex sp.) and burreed (Sparganium sp.) within cattail-bulrush marsh systems (Coffin, 1988). While it is possible that common moorhens use the project area, it is unlikely due to Lost Lake's being dominated by dense homogeneous cattail stands. Common moorhens prefer patchy mosaics of the aforementioned species rather than cattail monotypes. The reason for the decline of the common moorhen is not fully understood but is believed to be related to the loss of extensive wetland habitats. As with the king rail, common moorhens are very secretive and may have departed some areas of suitable habitat due to ongoing human activity. Of the three listed species, the snapping turtle has the highest probability of occurring within the project site. This species is essentially cosmopolitan and occurs in a wide variety of wetland conditions, with a preference for slow-moving, muddy waters with dense vegetation. (Coffin, 1988). The species is common, often abundant in lakes, rivers and marshes. The primary reason that the snapping turtle is listed as special concern is the unknown and possibly detrimental effect of commercial harvesting. Potential effects of environmental contaminants are a secondary concern. Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # $.P. 145-080-01 Page 10 May 1996 The proposed project is not anticipated to have any adverse effect upon threatened, endangered or special concern species. While it is possible that common moorhens and king rails exist in the Lost Lake area, we believe it is very unlikely. Further, the proposed project does not entail any substantial loss of wetland habitat which is the most likely reason for the decline of each of these species. Snapping turtles should also be unaffected by the project, since they are rather cosmopolitan and inhabit a wide variety of wetland habitat types. The proposed project does not involve any reduction in wetland acreage nor should it result in any direct snapping turtle mortality. (End of copy) 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface water (lake, pond, wetland, stream, drainage ditch)? x Yes No If yes, identify the water resource to be affected and describe: the alteration, including the construction process; volumes of dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts. The project includes dredging approximately 20,000 cubic yards of material using a mechanical dam-shell dredging technique from the Lost Lake wetland complex. Minor channel dredging will also extend approximately 100 feet into Cooks Bay on Lake Mirmetonka. The water surface area effected is approximately 4.5 acres, the majority of which is a maintenance dredge of an existing channel. Of this area, approximately 3/4 of an acre will be revegetated with native wetland species. In addition, approximately 3/4 of an acre of previously filled wetland will be restored. Wetland edges will also be modified according to the project description above. Construction will occur during a 6 month period in the summer of 1997. Fluctuation in water elevation will be negligible as a result of the project. Dredging activity will be coordinated to have the least impact on the nesting habits of known wildlife in the wetland. The City is currently working toward a contractual relationship with a private management company to develop a 10 acre composting facility for community yard waste. Based on the finding of the sediment sam?lin.g report, the dredged material is suitable for use as a component in compost. The City anticipates having me compost facility in operation in time to accommodate the dredged material. Assuming this is the case, the dredge spoils will be hauled to the compost site and mixed with yard waste to create a high quality soil amendment. 13. Water Use a. Will the project involve the installation or abandonment of any wells? Yes x No b. Will the project require an appropriation of ground or surface water (including dewatering)? __Yes ..x No c. Will the project require connection to a public water supply? Yes x No Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Proiect # S.P. 145-080-01 Page 11 May 1996 14. Water-related Land Use Management Districts Does any part of the project site involve a shoreland zoning district, a delineated lO0-year flood plain, or a state or federally designated wild or scenic river land use district? x Yes__No If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district. The majority of the Lost Lake canal project is within the 100 year flood boundary and within the City's approved shoreland management district. The project will enlarge the 100 year flood boundary slightly to more closely match the historic limits. The project and related projects will bring land uses adjacent to Lost Lake in closer conformance with the City's shoreland ordinance. 15. Water Surface Use Will the project change the number or type of watercraft on any water body? :~ Yes __ No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. Currently, the south end of the existing channel already receives boat use from the approximately nine water craft that are currently moored there. However, the central and northern part of the channel are relatively unaffected due to the channel's narrow width and the presence of only one dock. Based on a study completed by the MDNR in 1994, measuring the average boat traffic generated at marinas and transient docks on Lake Minnetonka (Tim Kelly, MDNR per. comm. with Bruce Chamberlain), the projected boat traffic in the restored channel would total twenty six trips per weekend day and nine trips per weekday. Since relatively few water craft are currently moored in the central and northern part of the channel, overcrowding or conflict with existing users is negligible. However, the south end of the channel will receive additional traffic in an area that already receives some boat traffic. Because of the length of the canal, boat traffic control and safety techniques will be incorporated into the project. The wildlife species observed in the channel are relatively tolerant of human activity; however, the increased boat traffic may impact species whose nesting and feeding behavior occur in the channel and adjacent vegetation. In particular, waterfowl, wading birds (that are generally secretive), turtles and fish may limit their movements and breeding activities within and adjacent to the channel corridor and proposed marina, however, given the relatively large amount of marsh habitat available it is doubtful that the project will adversely impact wildlife populations. 16. Soils Approximate depth (in feet) to: Groundwater: minimum 0'. average 0' Bedrock: minimum 180' average 180-218' Describe the soils on the site, giving Soil Conservation Service (SCS) classifications, if known. (SCS interpretations and soil boring logs need not be attached.) The soils in the remnant channel and in the maneuvering area is a highly decomposed organic muck with a low (17% to 20%) solids content. The material which will be excavated in the previously filled area near the post office is a silty clay fill underlain by peat. Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 12 May 1996 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards od:soil to be moved: acres 5.25 ; cubic yards 20.000. Describe any steep slopes or highly erodible soils and identify them on the site map. None Describe the erosion and sedimentation measures to be used during and after construction of the project. The project will increase suspended sediments in Lost Lake during construction. This impact will be minimized by using mechanical rather than hydraulic dredging techniques. A silt curtain will also be installed where Lost Lake meets Lake Minnetonka to minimize the movement of suspended sediments. The truck loading area for dredge spoils will be the former public works storage site. A rock construction entrance will be created to minimize the tracking of mud from the site. Dust is not anticipated to be a problem but if it is, watering of the truck travel areas will be done. Monitoring and testing according to MPCA, DN-R and Corps guidelines will also be conducted according to permit requirements to ensure minimal erosion and sedimentation. 18. Water Quality-Surface Water Runoff Although this project does not impact stormwater runoff, related projects will make significant improvements in quantity and quality of runoff entering Lost Lake. The City is currently working with the Minnehaha Creek Watershed District to complete a downtown stormwater management plan. Today, nearly all of downtown Mound runoff is piped directly or runs overland into the north end of Lost Lake. As future development occurs runoff from the development areas will be handled using NURP standards. In addition, the relocation and reconstruction of County Road 15, scheduled for the year 2000, will construct one or more stormwater ponds which will detain and treat a significant portion of downtown runoff. a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. NA b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lake consult 'EA W Guidelines' about whether a nutrient budget analysis is needed.) NA 19. Water Quality-Wastewaters a. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. NA b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site conditions.for such systems. Identify Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 13 May 1996 receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge may affect a lake consult "EAW Guidelines" about whether a nutrient budget analysis is needed.) NA c. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. NA 20. Ground Water - Potential for Contamination a. Approximate depth (in feet) to ground water:_Q_minimum; 0 average b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. No Hazards are known c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. None 21. Solid Wastes; Hazardous Wastes; Storage Tanks a. Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animal manures, sludges and ashes. Identify the method and local of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan; list type(s) and how the project will be modified to allow recycling. NA b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials (except water). MA 22. Traffic Parking spaces added O Existing spaces (if project involves expansion) 0 Estimated total Average Daily Traffic (ADT) generated NA Estimated maximum peak hour traffic generated (if known) and its timing: NA. For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. NA Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 14 May 1996 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project involves 500 or more parking spaces, consult "EA W Guidelines' about whether a detailed air quality analysis is needed.) The anticipated boat traffic on the Lost Lake canal is 26 trips per day on peak days. This level of boat traffic will have negligible air quality impacts. Related projects encourage the use of non-motorized and mass transit. 24. Stationary source air emissions boilers or exhaust stacks) ? __Yes × No Will the project involve any stationary sources of air emissions (such as 25. Will the project generate dust, odors, or noise during construction andJor operation? .. X Yes __ No If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. The six month construction period will cause noise and in some cases vibration. Sheet piles will be pile driven in place causing vibration. All possible measures will be taken to ensure minimal disruption to adjacent residences during pile driving. There will be truck activity in downtown and on local county roads during construction. 26. Are any of the following resources on or in proximity to the site: a. Archaeological, historical, or architectural resources? __Yes x No b. Prime or unique farmlands? __Yes x No c. Designated parks, recreation areas, or trails? __Yes ~ No d. Scenic views and vistas? __Yes X No e. Other unique resources? __Yes x No If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. 27. Will the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) __ Yes ~ No 28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water, or resource management plan of an local, regional, state or federal agency? x Yes _ No Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 15 May 1996 If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. Mound Comprehensive Plan Minnehaha Creek Watershed District - Water Resource Management Plan Lake Minnetonka Conservation District - Management Plan The Lost Lake canal project is not specifically addressed in any of the plans but the project is consistent with their guidelines and polities. 29. Impact on Infrastructure and Public Services Will new or expanded utilities, roads, other infrastructure, or public services be required to serve the project? __Yes ~; No 30. Related Developments; Cumulative Impacts a. Are future stages of this development planned or likely? ~ Yes__No If yes, briefly describe future stages, their timing, and plans for environmental review. Future stages have been incorporated directly into this EAW and are described under "Direct Project Activities" in Section 6 above. b. Is this project a subsequent stage of an earlier project? __ Yes ~ No c. Is other development anticipated on adjacent lands or outlots? ~ Yes _ No If yes, briefly describe the development and its relationship to the present project. See "Related Activities" in Section 6 of this EAW and Exhibit 7 d. Ifa, b, or c were marked Yes, discuss any cumulative environmental impacts resulting from this project and the other development. The Lost Lake project is the first step toward significant change in downtown Mound. There have been numerous environmental concerns including direct stormwater runoff, wetland encroachment, lack of wildlife habitat, etc. raised in downtown over the years. The changes proposed in downtown solve many of the most obvious problems and create an environment which is sympathetic of environmental concerns and encourages education. 31. Other Potential Environmental Impacts If the project may cause adverse environmental impacts which were not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. None Igor Environmental Assessment Worksheet - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 16 May 1996 32. SUMMARY OF ISSUES (This section need not be completed if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document which must accompany the EA W.) List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. Erosion - The project will disturb the wetland bottom during construction causing suspended sediments. An erosion control plan will be developed and followed to minimize erosion and sediment loading. Mechanical dredging rather than hydraulic will be used to minimize erosion. Excess Material - The redredging portion of the project will create dredge spoils. The City is currently working with a composting company to have the dredge spoils mixed with yard waste to produce composted soil amendment. A composting site has not yet been selected but one is anticipated to be found within a few miles of the project site. The composting facility will be a long term community facility used to compost yard waste. Wildlife Disturbance - The only potential adverse impact that might result from the Lost Lake project as identified by the biological survey conducted by Peterson Environmental is wildlife disturbance associated with boat traffic. Should this occur, the most appropriate mitigation measures would be to increase the diversity of other areas within Lost Lake to replace in-kind the diversity offered by the boat channel. Additional diversity could be established by excavating pockets of open water in the relatively undisturbed areas within Lost Lake. These pockets could be connected to the boat channel by narrow, non-navigable channels to foster fish and wildlife movement into these areas. This option has been discussed with representatives from the DNR. Their current position is not to incorporate this measure into the project at this time because it creates additional disturbance. CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for EQB acceptance of the EA W for publication of notice in the EQB Monitor) A. I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. Signature B. I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages, or project components, other than those described in this document, which are related to the project as "connected actions" or "phased actions," as defined, respectively, at Minn. Rules pt. 4410.0200, subp. 9b and subp. 60. Signature Environmental Assessment Worksheet - Lost Lake Canal May 1996 Mound, lVfirmesota. State Project # S.P. 145-080-01 Page 17 C. I hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. Sigrtature Title of Si~ner Date ENVIRONMENTAL ASSESSMENT For The Lost Lake Canal Rehabilitation State Project # S.P. 145-080-01 Federal Project # From: Cooks Bay on Lake Minnetonka To: Downtown Mound, MN (V2 mile) City: Mound County: Hennepin District: Work Description: Submitted by the Federal Highway Administration, Minnesota Department of Transportation and the _ City of Mound, Minnesota The Lost Lake canal project is primarily a drecl.g~?oj~Ct to rehabilitate an historic boat canal. In addition to dredg_i~~Oject includes constructing docks and a pier, restoring~ _~sly filled wetland areas and improving wetland edges. Project Manager Recommended Date Division State Aid Engineer Reviewed and Recommended Date Director, Division of State Aid for Local Transportation Approved Date Division Administrator Federal Highway Administration Date M.'VVl O UND'x94 -40XF. A. CVR Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 1 May1996 I. Report Purpose This Environmental Assessment (EA) provides background information about the Lost Lake Canal project in downtown Mound, Minnesota including: 1. The need for the proposed project 2. Reasonable alternatives considered 3. Environmental impacts 4. Agencies and persons involved This document has been prepared as part of the federal NEPA process and state environmental process to fulfill requirements of both 42 USC 4321 et. seq. and MN Rules Chapter 4410. At the federal level, it is used to provide sufficient environmental documentation to determine the need for an EIS or that a Finding of No Significant Impact (FONS1) is appropriate. At the state level, it is used to provide sufficient environmental documentation to determine the need for a State EIS or that a Negative Declaration is appropriate. This document is made available for public review and comment prior to the above decision on significance of environmental impacts. II. Project Description In 1906, during the peak of Lake Minnetonka's resort era, a boat canal was excavated from Cooks Bay to downtown Mound through a wetland now called Lost Lake. The t/2 mile long canal was originally about 50 feet wide and terminated close to the center of downtown with a large cul-de-sac where the passenger steamboats would board and drop off their guests. The historic canal and wetland are the focus of Mound's current downtown revitalization efforts and the focus of this Environmental Assessment. The project site is located in the SW1/4, Section 24 and SE1/4, Section 23, Township 117 North, Range 23 West, Mound, Minnesota. The existing Lost Lake canal bisects approximately 55 acres of contiguous wetland. The National Wetland Inventory map for the area indicates the complex to be comprised predominantly of seasonally to semi-permanently flooded palustrine emergent wetland (PEMC and PEMF; Circular 39 types 3 and 4 shallow and deep marsh) with one area of excavated semi-permanently flooded palustrine unconsolidated bottom wetland (PUBx; Circular 39 type 5 open water). Lost Lake is connected to Cooks Bay of Lake Minnetonka via the Lost Lake boat canal. The canal runs south beneath Bartlett Boulevard Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 2 May 1996 (County Road 125) which bridges the canal, providing sufficient clearance for recreational boat traffic. As the resort era faded on Lake Minnetonka around 1925, the Lost Lake canal and wetland fell into neglect. The canal has narrowed to about 20 feet as siltation has occurred and aquatic plants have recolonized historically dredged areas. Until recent wetland laws, land in downtown slowly crept further into the wetland without regard for the wetland edge. In the 1960%, a large portion of the wetland and canal were filled to erect a new Post Office and street. Another corner of Lost Lake was filled by a garbage dump and the land mass later became the City's public works storage site for road sand, salt and snow. There is little or no buffer between paved surfaces and the wetland. Stormwater run-off from nearly all of downtown is piped or runs overland directly into Lost Lake without treatment or detention. See Exhibit 1 showing an aerial view of the area. Even though Lost Lake plays little importance in the community today, the City hopes to transform it into the center of community life and vastly improve its environmental integrity in the process. In 1991 the City of Mound began planning for major downtown revitalization. The City enlisted extensive public involvement to create what came to be called "Mound Visions". The Mound Visions team of community volunteers developed a number of strategies for revitalization, including a redevelopment concept plan focusing on the rehabilitation of the Lost Lake wetland and canal. In 1994 Mound was selected for ISTEA funds to rehabilitate the Lost Lake canal. This selection prompted the City to undertake an adjacent street realignment and reconstruction project at the same time. Both projects are scheduled for construction in 1997. A federal Environmental Assessment and state Environmental Assessment Worksheet are being completed for the Lost Lake canal project because federal dollars are involved and because the project meets the Minnesota mandatory EAW threshold described in Section 4410.4300 subp. 25 regarding expansion of a marina or harbor project and subp. 27 regarding work in wetlands and protected waters. Defining the Lost Lake project and all related projects is somewhat cumbersome because of the project's complexity and breadth of changes expected in downtown Mound. The Lost Lake project is the first step to redevelopment of nearly the entire downtown. Two categories of activity are defined in this document which impact Lost Lake. 1. Direct proiect activities: This category describes all connected and phased actions of the Lost Lake canal project. These activities, except as noted below, are part of the 1997 project. These activities are the subject of this Environmental Assessment. 2. Related activities: This category describes redevelopment projects anticipated to occur in 1997 and beyond which are related but unconnected to the Lost Lake canal project. Environmental Assessment - Lost Lake Canal Mound, Minnesota. Stare Project # S.P. 145-080-01 Page 3 May 1996 Direct Project Activities Canal dredge: This activity includes re-dredging the canal from Cooks Bay on Lake Minnetonka to downtown Mound. This component of the project includes only the dredging needed to restore the canal to a historic and minimally safe width of 50 feet plus three boat pull-outs for boater safety (see Exhibit 2). The canal will be constructed according to the cross sections shown in Exhibit 3. The water surface area of this component of the dredge is 139,000 square feet. A majority of the proposed surface area is currently open water, the remainder being cattails. This activity will occur entirely below OHW. Transient dock and boat maneuvering area dredge: This activity includes dredging the transient dock area west of the canal and the boat maneuvering areas outside of the historic dredge limits (see Exhibit 2). The water surface area of this component of the dredge is 52,000 square feet. This activity will occur entirely below OHW. Permanent docking facility dredge: This activity includes dredging a small portion of wetland needed to gain access to the permanent docking facility (see Exhibit 2). The water surface area of this component of the dredge is 4,000 square feet. This activity will occur entirely below OHW. This aspect of work is a future activity and will not occur as part of the 1997 construction project. Restoration of previously filled wetland: This activity includes excavation of historic wetland areas which have been filled over the years for development including the post office site and the future boat docking facility (see Exhibit 2). Restoration of the docking area is not part of the 1997 project but the post office site is. The total area of wetland restoration is 31,000 square feet (14,000 - post office site, 17,000 - dock site). Roughly 2/3 of the restoration areas will be open water and 1/3 will be restored wetland vegetation. Wetland vegetation restoration: This activity includes revegetating some of the dredged areas with native, low growing emergent vegetation (see Exhibit 4). Low growing vegetation is proposed to allow adequate sight-lines for boater safety in the center of the boat maneuvering area and to create a native wetland edge in other areas. The City proposes to conduct on-going management of these areas to prevent the reestablishment of an exotic cattail monoculture. The total area of restoration is 29,000 square feet. Restoration and stabilization of the north wetland edge: Four types of edge treatment are proposed: 1) rip-rap edges in the boat docking areas, 2) vegetative edges in the wetland restoration areas, 3) rehabilitated edges where previous filling has degraded the natural edge and 4) wall edges under the fishing pier and around the transit boat landing (see Exhibit 4). Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 4 May 1996 Rip-rap edges will be granite boulders at a 2:1 slope. Rip-rap will be extended only 2 feet above the OHW to minimize visual impact. Vegetative edges will be planted with native emergent and transitional wetland plant species. The City proposes to conduct on-going management of these areas to prevent the reestablishment of an exotic cattail monoculture. The rehabilitated edges are all filled edges and very steep, the City proposes to pull the slope back (at the discretion of the DNR) to create a higher quality edge. Wall edges are proposed only at the piers for structural and boat docking purposes. See Exhibit 5 for cross sections of edge treatments. Reconstruction of sea walls at the south end of the canal: The southern 200 feet of the canal (from the Bartlett Blvd. bridge to the mouth) narrows to 30 feet and runs through a residential area. There are existing sheet pile sea walls along the edges of the canal which will be replaced in their current location. A portion of this area has a rip-rap edge which the City proposes to replace with sea walls to allow adequate width for boats and to protect the adjacent residences (see Exhibit 6). Bridge and utility modifications: When the Bartlett Boulevard bridge was constructed, little attention was paid to cleaning up concrete over-runs at the abutments and temporary wood pilings were never removed from the bottom of the canal. These two items will be removed from the canal bed to allow dredging to the designed depth. There are also utilities under the canal which will likely need to be lowered to accommodate dredging. These activities do not impact the structure of the bridge itself. Construction of transient docks and fishing pier: This activity includes constructing 12 slips (6 docks) and a fishing pier in the transient dock area. The docks are proposed to be the floating type. Each dock will be attached to shore individually which helps minimize the dredge area and allows for native plantings along the top edge of the rip-rap shore. The pier is proposed to be a permanent structure with an arched-opening concrete perimeter and wood decking spanning the water below. The shoreline under the pier will be sheet pile with a concrete cap. The surface area of the pier is 1,200 square feet in an oval form. The pier extends roughly 60 feet along the shore and extends up to 28 feet into the wetland. See Exhibits 7 & 8 for plan and details of docks and fishing pier. Construction of a transit boat pier: This activity includes constructing a pier for docking and boarding an historic transit boat and providing the dock-to-land connection for the permanent docking facility. The pier will be constructed outside of the current wetland boundary and then the wetland will be restored around its edges (see Exhibit 7). The pier will be a permanent structure constructed of concrete. The pier is a 1999 activity. Construction of permanent dockin~ facility: This activity includes constructing up to 22 boat slips. Docks are proposed to be the floating type using a marginal dock connected to the transit boat pier and each of the finger docks will then connect to the marginal dock. Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 5 May 1996 There will not be a fueling station or boat lift as part of this facility. This aspect of work is a future activity and will not occur as part of the 1997 construction project. Nearly all of the docking facility will be constructed within a previously filled wetland area. Construction of a boardwalk across a portion of the wetland: Approximately 200 feet of floating boardwalk is proposed across the north end of the wetland as a 1999 activity (see Exhibit 7). The boardwalk is intended as a wetland interpretation experience and to provide access from downtown to the transit center/farmers market site. Installation of wildlife nesting structures: As part of the project, nesting structures will be installed in appropriate areas of the wetland and shoreline to accommodate waterfowl, song birds, bats, butterflies, etc. Related Activities Construction of Auditors Road: Auditors Road is currently a back alley in downtOwn. Reconstruction of the street scheduled for 1997 will transform it into the new main street of Mound. Eventually new retail structures will be developed along the street to face Lost Lake (see Exhibit 7). Creation of a greenway around the north perimeter of Lost Lake: The greenway will act as a vegetative buffer between the built environment of downtown and Lost Lake. The greenway will also allow the planting of overstory trees to shade the shoreline and reduce heat gain from paved surfaces. Along with areas of turf, the greenway will have significant areas of native and Iow maintenance plants including wildflowers, native grasses and perennials. The greenway land will be set aside as part of the 1997 project but enhancements and landscaping will not be implemented until 1999 (see Exhibit 7). Creation of the downtown stormwater management plan: The City of Mound is working with the Minnehaha Creek Watershed District to create the stormwater plan. As redevelopment occurs, stormwater will be detained and treated according to the plan using NURP standards. Lost Lake currently receives nearly all downtown runoff, none of which is treated. Redevelopment of the public works storage site: For many years the City has stored their public works material including road sand, salt and snow on a site adjacent to Lost Lake. Runoff from the site into the wetland has been an environmental concern for some time. In preparation of the Lost Lake canal project, the City has built a new storage facility in a suitable location with proper containment. The old site will be redeveloped as a result of the Lost Lake canal project and the greenway will buffer any development on the site from Lost Lake (see Exhibit 7). Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 6 May 1996 Relocation of County Road 15: County Road 15 is scheduled for relocation in the year 2000. This activity will have the greatest impact on the quality of stormwater runoff entering Lost Lake. Stormwater Ponds built to NURP standards will be constructed as part of the roadway project to accommodate downtown runoff (see Exhibit 7). The project will also enable much of the commercial redevelopment in downtown. Redevelopment of downtown structures and sites: The majority of downtown will be redeveloped especially in the Lost Lake area. Lost Lake will become the focus of the community with a complete integration and co-existence of residence, commerce, recreation, transit and the natural environment. HI. Cost and Funding Source Defined below are anticipated costs for the Lost Lake Canal project scheduled for 1997 using federal ISTEA funds. Note that future activities are not included. Project Costs are: ...~ · Dredging ....................................................... · Shoreline stabil. & bridge mod. at mouth .... [. ..... $225,000 · Dock facilities & pier ................................. · Historical story board and marker ................. · Shoreline stabil, at north end ........................ ¢... $1~1,000 ® Design, engineering, permitting & admin .... .~.. $134,~0 total .............................. Funding Sources: 1. Federal ISTEA funds $500,000 2. City of Mound funds $384,000 IV* Project Schedule Completed to date: Identify necessary perm/ts Gather base field and survey data Conduct geotechnical and pollution testing 15// Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 7 May 1996 April 1996 May 1996 August 1996 June - October 1996 October 1996 January - February 1997 March 1997 April 1997 May 1997 September 1997 Identify preferred disposal site for dredge spoils Conduct biological survey of Lost Lake wetland Hold informational meeting for permitting agencies Present concept plans to the community Complete preliminary construction plans Complete preliminary cost estimate Present draft EA and EAW to the City Council Submit draft EA to MN/DOT for review and comment process Submit EAW to Environmental Quality Board for advertisement and comment period Submit all permits to necessary agencies Receive decisions of EA and EAW Receive permits Modify as necessary and complete final plans and specification and submit to MN/DOT Advertise for bids Open bids Award contract Begin construction Complete construction Please note that R/W acquisition is being conducted for the Auditors Road relocation project. Portions of properties being acquired are within the project limits of the Lost Lake canal project but the acquisition is being conducted as part of the street project and is therefore not listed above. V. Need for the Project The Lost Lake canal project is the foundation for Mound's downtown revitalization efforts and is the basis for a broad intermodal transportation system. It is important to note that without the amenities that the Lost Lake canal project brings to the community, it may be very difficult or impossible to encourage other economic and environmental investments in downtown Mound. THE HEART OF THE COMMUNITY: Rehabilitation of the Lost Lake canal is the key element of the first phase of redevelopment in downtown Mound. Through extensive public involvement over a period of five years, the Mound Visions downtown revitalization program has identified and tested, through public forums and a community volunteer process, the goals of the community in regard to their downtown. This process found that reestablishing and celebrating the historic relationship to Lake Minnetonka is the foundation of redevelopment. Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 8 May 1996 ECONOMIC NEED: Rehabilitation of the Lost Lake canal is the essential first step to the downtown revitalization efforts of Mound. A market projection conducted for the City determined that "within two years ora substantial redevelopment project including targeted retail additions of 25,000+ S.F., the City of Mound could see an overall increase in retail sales of 68% or roughly $24 million from the 1990 level." The City believes that rehabilitation of the Lost Lake canal will be the catalyst for this level of private investment in downtown Mound. ENVIRONMENTAL NEED: State and local environmental agencies have identified numerous environmental problems in Lost Lake due to neglect including untreated stormwater runoff, poor quality of wetland edges, encroaching development, etc. Officials have linked Lost Lake rehabilitation with an opportunity to clean up these problems in a highly visible way which in turn creates an opportunity for environmental education. TRANSPORTATION NEED: The Lost Lake canal is needed to provide access for recreational and transit boats from Lake Minnetonka to downtown Mound. Five modes of transportation; boats, pedestrians, bikes, cars and buses come together and are accommodated at Lost Lake. The project will rebuild the historic link between downtown Mound and the transit boat system on Lake Minnetonka. Other components of downtown redevelopment will extend a trail network in several directions from the transit hub, build a park & ride lot for an MCTO transit stop and provide bicycle and pedestrian facilities. VI. Alternatives The purpose of this project is to provide recreational and transit boat access from Lake Minnetonka to downtown Mound and transform Lost Lake into a community amenity. The preferred alternative is to construct the project according to the description in Section II above and the exhibits enclosed. This alternative is preferred based on practicality, historical precedence, environmental impact and community input. The alignment of the canal is the historical alignment and since there is only one riparian outlet from Lost Lake to Lake Minnetonka, there is only one place to begin the canal. The transient dock area is located to have the greatest user relationship to downtown. The docking facility is located to have the greatest relationship to adjacent development and to have the least impact on the wetland by restoring previously filled wetland rather than excavating existing wetland. The no-build alternative would obviously not impact the wetland in any way from its present state. The no-build scenario would also preclude making the environmental improvements to the wetland such as the greenway, stormwater treatment, wildlife habitat improvements, wetland restoration, etc. Based on conversations with developers and retailers, the unique amenities of the canal, greenway and docks make private investment in downtown attractive. If the canal project is not completed, private investment will be very difficult to secure. As a result, downtown Mound would continue to be economically marginal. Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 9 May 1996 Reasonable options have been considered through the concept development process and incorporated into the plan to create more positive impact on the wetland in the following ways. The docking facility has been reduced in size from about 35 slips originally to a proposed 22 maximum. The docking facility has been moved from within the existing wetland to a previously filled wetland location to have less impact. The center of the boat maneuvering area was originally intended to be open water but the vegetation restoration option is proposed to still provide boater safety but diversify and improve the wetland habitat. Originally a wall was proposed for the shoreline in both docking areas but rip-rap is now proposed at the request of the DNR. VII. Social, Economic and Environmental Impacts (SEE) To gain a full understanding of the Lost Lake canal project's environmental impacts, two studies have been conducted: 1) a biological survey of the Lost Lake wetland and 2) soil and sediment sampling and analysis of the proposed dredge areas. Discussion of the findings is as follows. Peterson Environmental Consulting, Inc. has completed a biological survey for the Lost Lake canal project. Their study includes 1) classification of predominant vascular plant communities, 2) an assessment of the potential for the site to harbor any threatened and/or endangered species, 3) a qualitative evaluation of available fish and wildlife habitat and 4) an analysis of anticipated impacts associated with the restoration of the canal and construction of docking areas. The full report is enclosed as Exhibit 9. The section of the report which pertains to SEE impacts is copied verbatim below. (The following is copied from Biological Survey Report, Lost Lake Boat Channel Restoration - Mound, MN, May 19, 1995; P eterson Environmental Consulting, Inc.) The restoration of the original boat channel and construction of transient and marina slips is not expected to meaningfully reduce the availability of habitat necessary to maintain viable populations of the plant, wildlife or fish species mentioned above. The proposed channel restoration will essentially re-establish conditions as they existed at the turn of the century and will increase wetland acreage by removing fill deposited during the construction of Auditors Road. While the boat channel bisects Lost Lake, it only affects a small proportion of a large monotypic marsh dominated by cattails. Based on our field observations, the channel and its associated boat docking areas actually lend some diversity to an otherwise uniform wetland system. The boat channel has provided muskrats with direct access to the center of Lost Lake, as indicated by a substantial number of muskrat houses on either side of the channel. The muskrats have created more open water through their feeding and house building activities, which in turn has increased the value of this area for nesting and feeding waterfowl as well as for herons and other wading birds. The wildlife that we observed during our field review were concentrated in and around the channel, due apparently to the feeding opportunities Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 10 May 1996 provided by the interspersion of vegetation and open water. Because of Lost Lake's relatively large size in proportion to the channel area and proposed marina, marsh fragmentation does not appear to represent a significant problem. Lost Lake has experienced some encroachment by purple loosestrife; however, this encroachment appears to be relatively minor in the channel area. The proposed project should not result in any expansion or acceleration of purple loosestrife infestation, since this plant colonizes heavily vegetated areas rather than open water. The existing channel is already infested with Eurasian watermilfoil; the proposed channel restoration should not result in any exacerbation of the existing problem. However, care should be exercised in the cleaning of dredging machinery and the disposal of dredge spoil to ensure that no severed plant parts reach other uninfested waters. Based on a study completed by the MDNR in 1994, measuring the average boat traffic generated at marinas and transient docks on Lake Minnetonka (Tim Kelly, MDNR per. comm. with Brace Chamberlain, Hoisington Koegler Group, Inc.), the projected boat traffic in the restored channel would total twenty six trips per weekend day and nine trips per weekday. The south end of the existing channel already receives a substantial amount of boat use from the approximately nine water craft that are currently moored there. However, the central and northern part of the channel are relatively unaffected due to the channel's narrow width and the presence of only one dock. The wildlife species observed in the channel are relatively tolerant of human activity; however, the increased boat traffic may impact species whose nesting and feeding behavior occur in the channel and adjacent vegetation. In particular, waterfowl, wading birds (that are generally secretive), turtles and fish may limit their movements and breeding activities within and adjacent the channel corridor and proposed marina, however, given the relatively large amount of marsh habitat available it is doubtful that the project will adversely impact wildlife populations. The proposed project is not anticipated to have any adverse effect upon threatened, endangered or special concern species. While it is possible that common moorhens and king rails exist in the Lost Lake area, we believe it is very unlikely. Further, the proposed project does not entail any substantial loss of wetland habitat which is the most likely reason for the decline of each of these species. Snapping turtles should also be unaffected. by the project, since they are rather cosmopolitan and inhabit a wide variety of wetland habitat types. The proposed project does not involve any reduction in wetland acreage nor should it result in any direct snapping turtle mortality. (End of copy) Braun Intertec Corporation conducted soil and sediment sampling and analysis of the dredge area to determine the presence of pollutants in the dredge material and, based on their findings, appropriate mitigation and disposal methods. A full copy of their report is enclosed as Exhibit 10. Letters in response to the report from the MPCA is also enclosed as Exhibit 11. The section Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 11 May 1996 of the report which pertains to SEE impacts is copied verbatim below. (The following is copied from Soil and Sediment Sampling and Analysis Report, Lost Lake Canal - Mound, MN; May 23, 1995; Braun Intertec Corporation) The depth of water at sample locations #4 and #6 in the channel area is approximately 3 feet and in the vicinity of location #5, approximately 2 feet. Based on the samples collected at those locations, the material which will be dredged at a depth of 6 feet in the renmant channel and in the maneuvering area is a highly decomposed organic muck with a low (17% to 20%) solids content. In addition to the muck, the surficial dredged material will contain cattails. There are no sediment standards but MPCA compares the results to class 2b water standards. The concentrations of potential contaminants of concern at locations #4, #5, and #6 are below chronic standards except for lead and mercury. Concentrations of those compounds exceed chronic standards but are below maximum standards. Based on the boring at location #3, the material which will be excavated in the previously filled area near the post office is a silty clay fill underlain by peat. Concentrations of contaminants of concern in the peat are below chronic standards except for mercury which is above the chronic standard but below the maximum standard. MPCA has verbally indicated that the toxics concentrations do not appear to be a problem. The exceedances do not appear to be limiting in either the excavation or reuse of the material, although MPCA is still evaluating the phosphorus concentrations to determine if any restrictions or conditions would be necessary in the dredge permit to control algal blooms. (End of copy), (see Exhibit II) Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 12 May 1996 SOCIAL, ECONOMIC AND ENVIRONMENTAL IMPACTS ISSUE QUESTION RESPONSE Will the Project ... Access change access to prop- This project will not change access to Control erties (close, change any properties in any way. locations, make one-way, etc.) Asthetics affect visual qualities? The project will greatly improve the asthetics of the wetland (view to or from facility) edge. It will improve the view of the wetland from downtown and the view of downtown from the wetland. Views from residential areas will not be significantly effected. Air affect air quality? The project will increase boat traffic in Lost Lake but will Quality ~roduce negligible impact on air quality. Overall downtown improvements will encourage mass transit and non-motorized transportation. Bicycles & affect bicycle and/or The project does not impact bicycle or ped Pedestrians I pedestrian movement? movement. Overall downtown improvements will greatly enhance them. Construction Cause construction impacts~ The 6 month construction period will cause noise and in Impacts (erosion, noise, air, some cases vibration. Sheet piles will be pile driven into vibration, etc.) place causing vibration. All possible measures will be taken to ensure minimal disruption to adjacent residences during ~ile driving. There will be truck activity in downtown and on local county roads during construction. An erosion control plan will be created to minimize erosion. Critical be in the Mississippi River No work will be conducted in the Areas critical area? Mississippi River. Economics affect business activity or The project will greatly enhance the opportunity for have other economic economic activity in Mound. Other projects in downtown impacts? will disploce businesses during redevelopment but every effort will be made to fairly compensate and relocate business and property owners as necessary. Endangered affect any endangered The proposed project is not anticipated to have Species species due to project any adverse effects upon threatened, location or design? endangered or special concern species. (See discussion at the beginning of this section.) Energy have major energy The project will have negligible effects on Impacts ~mplications? energy use. Overall downtown improvements will enhance energy conservation. Erosion ~nvolve major soil distur- The project will disturb the wetland bottom during bance (depth or volume) or construction causing suspended sediments. Mechanical have erosion potential due dredging rather than hydraulic will be used to minimize this. to landforms, wind patterns An erosion control plan will be created and followed or water volume? to minimize erosion and sediment loading. Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 13 May 1996 Excess involve disposal of excess The City is currently working with a composting Material materials outside planned company to have the dredge spoils mixed with yard waste ,construcfion limits? to produce composted soil amendment. A composting site has not yet been selected but one is anticipated to be found within a few miles of the project site. Farmlands require any Right-of-Way? The project does not effect any farmland. Floodplains cross or lie adjacent to The project is within the floodplain. It any floodplain area? slightly increases the buffering capacity of the floodplain but does not significantly alter the cross-section of lie. Groundwate affect groundwater, geolog~ Construction of the project will produce a limited amount of Geology, or cause earthborne earthborne vibration from driving sheet pile sea walls. The Earthborne vibrations? project will not affect groundwater or geology. Handicappe affect sidewalk or curb and The project does not effect existing handicapped gutter (Design For)? access. Boat docks as part of the project will accommadate handicapped access. Hazardous ~nvolve a bridge replacemer The project does not involve the use, Wastes over water, former transport or disposal of hazardous waste. disposal/storage sites, or hazardous materials route? Historical, affect any historical The Minnesota Historical Society has Archaeologi( archaeological or conducted a Section 106 review of the Cultural cultural site? project area and declared no impact. :Land be consistent with local and The project is consistent will local and Use regional land use plans? regional land use plans. Noise affect noise sensitive Construction activity will produce typical construction noise. receptors? Boat traffic noise in Lost Lake will increase but will be minor due to the canal's designation as a "no wake zone". Parks, use any significant public The project does not affect the use of any public park or Recreation parks, recreational or wildlife refuge. The project does not affect any historic site. The 4(f) Recrn or waterfowl refuges, or any .project does not affect any LAWCON land. 6(f) LAWCOh historic site. Will the project iaffect any LAWCON land? ~Right of way require any right of way (or Some land on which the canal project is proposed to easement)? be constructed is currently being purchased through an adjacent state-aid street project. 100% of the affected 3roperties are being purchased for the street project regardless of the eventual design of the canal project. Access easements are being purchased using City funds from ~vo property owners where the canal meets Lake Minnetonka. This area is the historic canal location and it is the only riparian link between Lost Lake and Lake Mtka. Environmental Assessment. Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 14 May 1996 Relocation require any relocations of The Lost Lake canal project itself does not require homes or businesses? relocation of homes or businesses. The adjacent state-aid street project does require business and home acquisition and relocation. Minnesota state-aid guidelines are being followed in the acquisition and relocation process. Stream change the course, current ¢ No impact. modification cross section of any stream? Social affect public safety (i.e. The project does not adversely affect public safety. Boater oolice or fire protection, safety will be maximized by creating a no-wake zone in Lost accidents)? Lake, constructing boat pull-outs along the canal and establishing Iow growing wetland vegetation in some areas to maximize sight distance. ~mpact sensitive groups The project does not adversely impact any sensitive group. (children, handicapped, The project creates public amenities and access to minorities, poor, etc.)? Lake Minnetonka. affect accessibility to school,~ The project does not adversely affect accessibility. The Churches, rec facility, etc.? project creates access to recreational facilities. Affect community cohesion? IThe project does not adversely affect cohesion. The project and related projects will create a central focus and gathering place for the community. Controversy is the project controversial or Extensive public involvement has been incorporated into the likely to cause controversy? Lost Lake canal project since its inception 5 years ago. No s~gnificant controversy has surfaced in that time and concerns raised have been resolved through changes in design or programming. There is broad community support for this project. Future controversy is not expected. !Traffic correct capacity deficiencie The canal project does not affect traffic in any way. Is there a detour or major Related projects will decrease daily trips by encouraging traffic delay? mass and non-motorized transit. Transit affect transit routes? The canal project does not affect transit routes. Related projects will increase transit use. Vegetation ~ affect vegetation, fish or The project does affect the wetland habitat of Lost Lake. wildlife wildlife? See the discussion at the beginning of this section. Water quail1" affect water quality of lakes, Suspended sediments will be increased during construction. streams, wetlands, etc.? An erosion control plan will be created to minimize this. Quality of stormwater runoff entering Lost Lake will greatly ~mprove due to related projects. Increased boating in Lost Lake will have negligible impacts on water quality. Wetlands are wetlands present within The majority of the project is located within the Lost Lake construction limits? wetland. will project destroy or improv The project includes restoration of previously filled wetland create wetland habitat? areas. The project will diversify the wetland habitat (see discussion at the beginning of this section). Wild & affect a wild & scenic river el The project does not affect any river. ~Scenic rivers canoe and boating river? Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 15 May 1996 VIII. Mitigation (The following is copied from Biological Survey Report, Lost Lake Boat Channel Restoration - Mound, MN, May 19, 1995; Peterson Environmental Consulting, Inc.) With the proposed marina development the project represents a net increase in wetland acreage, thus no further wetland replacement appears to be warranted by the project. The additional open water to result from the project may potentially increase the habitat value for some wildlife and fish species currently using the area. The only potential adverse impact that might result from the project is wildlife disturbance associated with boat traffic. Should this occur, the most appropriate mitigation measures would be to increase the diversity of other areas within Lost Lake to replace in-kind the diversity currently offered by the boat channel. Additional diversity could be established by excavating pockets of open water in other relatively undisturbed areas within Lost Lake. These pockets could be connected to the boat channel by narrow, non-navigable channels to foster fish and wildlife movement into these areas. Additional habitat enhancements could be accomplished by improving the interface between Lost Lake and adjacent uplands, particularly where past filling has degraded the habitat value of those uplands. An example exists where the slope from County Road 15 adjoins Lost Lake. The upland-wetland fringe in such areas could be improved by; (1) grading them to be broad and flat, (2) removing debris, (3) covering any exposed fill with suitable topsoil, and (4) planting groundcover and woody plants that both improve nesting habitat and also provide some visual screening between the wetland and the highway. (The following is copied from an office memo dated May 24, 1995from Richard Wedlund to Judy Mader, both with the MN Pollution Control Agency. See Exhibit I1 for a full copy of the memo.) "I recommend that at least two canal water column samples for total phosphorus be taken about I month prior to dredging so that the laboratory has sufficient time to return the baseline data before the dredging impacts begin... If the current velocity in the canal is very low, it is likely that much of the sediment phosphorus will resettle before being discharged into Lake Minnetonka... It is recommended that the contractor monitor for total phosphorus twice per week at site 4 during dredging. It would be helpful to conduct flow gauging at the culvert downstream of sample site 4 since flow data and phosphorus concentration data are needed to estimate phosphorus loadings to the lake... In general, I believe that prudent control measures should be taken to reduce the loads to the lake, and that this project does not appear to have the potential for significant impact on the lake if these measures are taken. I recommend that the project proposer prepare a total phosphorus and flow gauging plan prior to dredging." Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 Page 16 May 1996 The preceding information indicates that substantial mitigation measures for this project are not necessary. The recommendations suggested for construction and monitoring will be incorporated into the project plans and specifications with the exception of dredging additional pockets of open water for wildlife habitat. This measure is not currently supported by the DNR. If their position changes, the measure can be incorporated into the project. IX. Public and Agency Involvement Public involvement in the Lost Lake canal project began with the concept's inception in 1991. Since that time numerous articles have been written about the project in the local newspaper and city newsletter. There have also been .many public meetings and open houses to receive input from the community. Community support for the project has been very strong. In May 1995 a public open house was held to present the Lost Lake canal project once again to the community. Turn-out was strong and comments were very supportive. Consultation has occurred with the Minnesota DNR since 1991. When the IS'lEA application was written in 1994 the Corps of Engineers, DNR, conservation district and watershed district were consulted regarding the viability of the project with positive response. Since the project was selected for ISTEA funding in 1994, agency involvement has become more intensive. An informational meeting for all involved permitting agencies was held in March 1995. Representatives from the Army Corps of Engineers, DNR, Fish & Wildlife, PCA, local conservation district and local watershed district attended the meeting. The project was presented and input was taken regarding various aspects of the work. Some project modifications resulted from the meeting. More intensive public and agency input will result from the EA and EAW processes underway. There are numerous permits required A) B) C) D) E) F) G) H) I) J) for the project as follows: U.S. Army Corp of Engineers Section 404 permit DNR Protected Waters permit Minnehaha Watershed District Grading permit Federal Advisory Council on Historic Preservation Section 106 review (COMPLETED, See Exhibit 12) LMCD grading and dredging permits PCA Water Quality Certification LMCD dock permit DNR dock permit MPCA Individual Dredge Disposal Permit DNR Aquatic Management Permit Permits A, B and F are being submitted concurrently with the EA and EAW. Other permits are more construction related and will be submitted just prior to beginning construction. M."xM O U ND~4-40',F_.A.DOC Environmental Assessment - Lost Lake Canal Mound, Minnesota. State Project # S.P. 145-080-01 May 1996 List of Exhibits: v/ (0) Mound location map ~ (1) Aerial view of Lost Lake. ¥' (2) Plan showing dredge categories and area calculations. V/ (3) Canal cross sections. v/ (4) Plan showing wetland edge treatments and vegetation restoration areas. x/ (5) Cross sections of wetland edge treatments. ~/ (6) Plan of south end of canal. (7) Downtown Mound Concept Plan. J (8) Details of pier and transient docks. ,/ (9) Biological Survey Report - Lost Lake. ~ (10) Sediment Sample Report - Lost Lake. / (11) Correspondent from MPCA. ~ (12) Section 106 clearance from SHPO. M AM O UNUX94..40XF. A_EXH. D O C EXHIBIT 0 MOUND QUADRANGLE UOUND. ~INNESOTA NW/4 LAKE MINNETONKA 15' QUADRANGLE PROJECT AREA ! i I QUADRANGLE: LOCATION 1000 SCALE 1:24000 0 20O0 3000 4OOO 5O0O Isldnd 1 HILE SITE LOCATION MAP LOST LAKE CANAL CiTY OF MOUND MOUND, MINNESOTA EXHIBIT 1 Aerial photo of Lost Lake taken in May 1989. EXHIBIT 2 Lost Lake Wetland Wetland Lost Lake Wetland Legend See exhibit 4 Canal Dredge (139,000 sf) Transient Dock/ Boat Maneuvering Area Dredge (52,000 sf) Permanent Docking Facility Dredge (4,000) Restoration of Previously Filled Wetland (31,000 sf) Wetland Vegetation Restoration Areas (:~9,000 sf) See 'D~rect Project Activities' in accompanyinf text for description of areas defined in this exhibit_ Upland Lost Wetland Lake Canal Rehabilitation Dredge/Restoration Areas Project no stole EXHIBIT 3 Typical Existing Ave. existin bottom5o.o' L.-~-I I I~---~-I I1'~11-~ Oredge LIm|t Canal Cross-section Dredge Limit Pull-out Typical Plan View of Three pull-outs are proposed along the length of the canal for boater safety. Navigation Canal Existing Cattails ~~ Ave. existin~l bottom elev. = 926.0 0HW=929.4 ~Typ. Prop. Bottom Elev.=925.6 ~_ ?_~Jlt~| tlF-I I F-i I F-I ll--I I I--[ I l--t t i--I I F ' ' '~-%-.fff'=' "11 i=11 i=--I, ,--- - 75,0' Dredge LJrntt Canal Cross-section at Pull-out areas Lost Lake Canal Proposed Canal Details Rehabilitation Project no scale J 0 Future Retail/Office Development Existing Wetland EXHIBIT 4 ~o~ 15 ~ rehabilitated ~d~ .~enter ~ =~ Park "' ""' Transit Boa - .. Landing ..... . ..,-. sea wall 53 :'"": "i'"'- '.4 ':'i ';:"' ., .,_.... ...... rip-rapx Dredge Limit ~ '-'Lost Lake' -- Wetland Vegetatic Restoration Area future phase) 100' resfored vt OLosf Lake Wetland Cana Rehabilitation Project Edge Treatments and Restoration Areas no scale EXHIBIT 5 Lost Lake Canal Rehabilitation Project Proposed Shoreline Treatment Details no scale EXHIBIT 6 g3SOdOHd L~ EXHIBIT 7 __~ : i t:ishinc] EXHIBIT 8 Fishinc~ t~i~r F'¢rsp¢c~iv¢ _-i_-ill=lll=llt tr~nsi~nf. Dock C~ross Lost Lake Canal Pier and Dock Derails Rehabilitation Projecf no scale EXHIBIT 10 1-. m ~ r'., ,,< ,< Appendix A __1 Zu Appendix B (pmpu. IS oN 'e'l) qqr~.lddy ion (t) peJInbea ION (£) ~e/ej/~ ~o~qtlQ peqlJetlM XeeJO .~lqeuulfl e~El"t :uogr~unmmao ~ ~[;:. ~quoleuull~l e~.'l ut Jel"J~ Jo sseupJ.H (z) '~3deu q~'l eeS .q~/~.u. eldwle ;o uogl~..Idnp jood t.~ e~eql .~.q.m eJdw.' ol eno (~) I,~'O'0 01,'0> 0t'0> 0~"0=. (£) biN iql~te~/up 8x/am ~o~/,d~c~qo eulzeJl¥ 96 6Z ~.~ ~'~ ~'~ ~'~ (~) ~N Iq~eM ~ O~ eue~ueueqd (~) VN (?) VN (~) ~ ~'0> ~ ~'~ (~ ~N tq~e~ ~p ~ eUeleqlqdeN O~ ~'~ ~'~ ~'0> (~) ~N iq~eM ~ fl~ eueqtue~d 9'~ 9Z'0 oGu u . HYd 0~ OC g 66'0 g'0 ~'0 eg'0 Iq~e~ ~ (~) YN (~) ~ (f) ~ 0~g ~ ~ 0gA ~ Iq~lM ~ ~ 6'f t'Z 6~'0 Z0'0 Z0'0 t~0 ~0'0 lq~ ~ D~ 96~ LG~ L'L e6 9t L~ S'~ tq~ ~ ~ O~&g t~e ~ ~ 8'8 8'g A'g lq~w~ ~ w~w~qO gt& eL C ~'0 ~'0) ~'~ 09'0 iq~eM ~ O~ m~wpo (~) ~ (~) ~ (~) ~ ~ ~ 96 ~L lq~e~ ~ ~ (~) ~ ~ O~ ~ OL& OZ iq~o~ ~ ~ (~u~) 0'Z L'Z ~ C'Z ~S Hd o'6'6'g 0'e~'g 0'~~ · " .. . ~' ' ':- IgmUeO'~ue~l · ~... ~...:. ~ ' ~' .~ ..... - I ~'~ (~) ~m 0o~ (~) ~m ~ (~) ~ ~ ~ 91~L App~fldix G vv ~ ~- v - d o VVVVV VVVVV VVVVV VVVV VVVVV VVVVV VVVVV ~ VVVVV VVVVV VVVVV VVVV VVVVV vYVVV yVYVV vvvVV VVVV ooooo ooooo ooooo oooo &ppendbt U Appendix E u o I ,.on, ~1~ u'~8~ ~,~ o. '~ ~ ~ EXHIBIT 11 EXHIBIT 12 MINNESOTA HISTORICAL SOCIETY April 24, 1995 Mr. Bruce L. Chamberlain Hoisington Koegler Group Inc. 7300 Metro Boulevard, Suite 525 Minneapolis, Minnesota 55439 Dear Mr. Chamberlain: Re: Lost Lake canal rehabilitation, dredging, shoreline stabilization, docks, S13/24, Tl17, R24, Mound, Hennepin County SHPO Number: 95-1523 Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to the responsibilities given the State Historic Preservation Officer by the National Historic Preservation Act of 1966 and the Procedures of the Advisory Council on Historic Preservation (36CFR800), and to the responsibilities given the Minnesota HistOrical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act. Based on available information, we conclude that no properties eligible for or listed on the National Register of Historic Places are within the project's area of effect. Please contact Dennis Gimmestad at 612-296-5462 if you have any questions regarding our review of this project. Deputy State Historic Preservation Off r BLB:dmb 345 KELLOGG BOULEVARD WEST; SAINT PAUL. MINNESOTA 35102-1906 / TELEPHONE: 612-296-6126 JOHN B. DEAN Attorney at Law Direct Dial (612) 337-9207 G'D gAY 8 '96 KENNEDY & GRAVEN CHARTERED 470 Pillnbury Center, Mlnneapolln, MInn~ota S$402 Telephone (612} 337-9.t00 Facsimile {612) 337-9310 May 7, 1996 Edward J. Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, MN 55364-1687 BY FAX AND MAIL RE: LMCD and 1996 Permits Dear Mr. Shukle: At the council meeting last night, the question was posed how the LMCD would react if Mound went ahead and issued the permits for Woodland Point for 1996. The question indicates a concern to allow people to put their boats in the water while efforts continue to find a long- term resolution to the issues of use of Woodland Point Commons. I spoke with Charles L. LeFevere, the attorney for the LMCD. He informed me, based upon the information which I provided him, that the LMCD would not be interested as long as there were not more watercraft using docks than the total allowable number allocated to the city. You also have asked whether it is important that "everyone" agree to cooperate with this interim extension. Because it will violate the LMCD code to have more boats at docks on Woodland Point Commons than are authorized by permit, the more people cooperate, the more likely it is that the LMCD regulations will not be violated. The acceptable degree of cooperation is entirely up to the judgment of the City Council. From a practical standpoint, if any of the plaintiffs elect not to cooperate in the extension, we would recommend that a number of permits equal to the number held by the non-cooperating plaintiffs in 1995 be held aside and not issued. JBD:ds inc ely, ~ohn B. Dean JRD104196 MU200-1 DRAFT ARTICLES OF INCORPORATION May 9, 1996 OF WOODLAND POINT COMMON HOMEOWNERS ASSOCIATION, INC. The undersigned, for the purpose of forming a corporation pursuant to the provisions of the Minnesota Non-Profit Corporation Act, Minnesota Statutes, Chapter S17A, adopt the following Articles of Incorporation: ARTICLE I The name of the corporation is Woodland Point Common Association, Inc., hereinafter called the Association or Corporation. Homeowners ARTICLE II The purpose for which this Association is formed is to operate, maintain, manage and preserve the Wawonaissa Common and the Waurika Common located on and as shown on the plat of WOODLAND POINT, Hennepin County, Minnesota, according to the plat thereof on file with the Hennepin County Recorder, which is dedicated to all the owners of lots in said WOODLAND POINT, and to promote the health, safety and welfare of the owners, residents and other person residing on or using the all of the Lots in WOODLAND POINT. The Corporation shall have all of the powers and privileges and assume all duties and obligations necessary and incidental to the accomplishment of its purposes. In addition, the Corporation shall have the power to exercise any and all powers, rights and privileges which a corporation organized under the Act by law may now or hereafter have or exercise; exercise any other powers conferred by law; and exercise any other powers necessary and proper for the governance and operation of the Association. ARTICLE III The Members of the Corporation shall consist exclusively of the owners of any of the lots in WOODLAND POINT, Hennepin County, Minnesota, who annually file a written consent and agreement to be bound by articles of incorporation, bylaws, rules and regulations of the Association and by the terms of any and all agreements and contracts entered into by the Association with the City of Mound or any other third party, all in such form as may be approved by the Association. If title to a lot is held by more than one person, each of such persons filing such consent and agreement shall be a Member, but multiple ownership of a lot shall not increase the voting rights or other rights allocated to such lot. Each such membership shall be appurtenant to the lot upon which it is based and shall transfer automatically by voluntary or involuntary conveyance of the title of that lot, subject to such written consent and agreement. Each member's obligation in respect of registration, voting percentages and other rights and obligations are as set forth in Bylaws and rules, regulations and decisions of the Board of Directors of the Corporation promulgated in accordance with such documents. Except as otherwise provided in the Bylaws, the day-to-day operations of the Corporation shall be directed by the board of directors of the Corporation. The L~9/104328 MU200-1 Hay 9, ~996 board of directors of the Corporation, without action by the members, shall have the authority, except as otherwise specifically provided herein, in the By-Laws or by law, to exercise all the powers of the Corporation. ARTICLE IV The Corporation is formed for the above-stated purposes, and not for pecuniary or financial gain. No part of the net earnings of the Corporation shall inure to the benefit of any member officer director, contributor, or other individual. ' ' ARTICLE V Dissolution of the Corporation shall be in accordance with the Act, and shall require the written consent of not less than eighty percent (80%) of the members. ARTICLE VI The duration of the Corporation shall be perpetual. ARTICLE VII The location of the Corporation's registered office shall be: Mound, MN . The registered office of the Corporation may be changed by the filing of a Certificate of Change of Registered Office with the Secretary of State and shall not require an amendment to these Articles. ARTICLE VIII The name and address of the incorporator is as follows: Larry M. Wertheim Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 ARTICLE IX The number of directors of the corporation shall be fixed by the Bylaws; provided, however, that the number of directors shall not be less than three. Except for the initial Board of Directors, which shall be composed of the three directors whose names are set forth in these Articles, directors shall be elected at an annual meeting of the members or at a special meeting called for such purpose, by the vote of majority of members present and voting, and each director shall hold office for a term as specified in the Bylaws and until a successor is elected and qualified. The names and addresses of the persons who are to act in the capacity of directors until their successors are duly elected or appointed are as follows: LMW104328 MU200-1 May 9, 1996 N~me Address Mound, MN Mound, MN Mound, MN ARTICLE X Members, directors, and officers of this Corporation shall not be personally liable to any extent whatsoever for obligations of the Corporation. ARTICLE XI The Corporation shall have no capital stock, either authorized or issued. ARTICLE XII The power to adopt amend or repeal the By-Laws, other than the initial By- Laws, is reserved to the members. The By-Laws may be amended, at a regular or special meeting of the members, by the vote of a quorum of members present in person or by proxy. Except as provided in the Act, these Articles may be amended upon approval of members holding fifty percent (50%) or more of the voting interests in the Corporation. LMW104328 141/200-1 3 ~,~ay 9~ ~996 IN TESTIMONY WHEREOF, the undersigned incorporator, who is a person of full age, has hereunder subscribed these Articles of Incorporation this day of , 1996, at Minneapolis, Minnesota. STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Larry M. Wertheim, Incorporator On this day of , 1996, before me, a Notary Public within and for the state a-----nd county above, personally appeared Larry M. Wertheim to me known to be the person described in and who executed the foregoing Articles of Incorporation and acknowledged that he executed the same as his free act and deed and did depose on oath before me that he is of full age. Notary Public ~104328 BYLAWS DRAFT OF WOODLAND POINT COMMON HOMEOWNERS ASSOCIATION, INC. ARTICLE I ~ffice The registered office of the corporation required by the Minnesota Non-Profit Corporation Act to be maintained in the State of Minnesota is as provided in the Articles of Incorporation. The Board of Directors of the corporation may, from time to time, change the location of the registered office. On or before the day that such change is to become effective, a certificate of such change and of the location and post office address of the new registered office shall be filed with the Secretary of State of the State of Minnesota. ARTICLE II. Members: Mee~, Property Rights Section 1. Membership. The corporation shall have membership as provided in the Articles of Incorporation. Section 2. Stock Certificate. The Corporation shall not issue any stock or membership certificates. Section 3. Annual Meeting. There shall be an annual meeting of the members, unless otherwise ordered by the Board of Directors, for the transaction of any necessary business. Notice of such meeting, signed by the secretary~ shall be mailed to the last recorded address of each member, at least ten days before the date of the meeting, unless excused in accordance with Section 8. The notice shall state the time and place of the meeting. Section 4. Special Meetings ~ Notice. Special meeting of the Board of Directors shall be held whenever called by the President or by any twenty-five percent of the other directors. Notice of each special meeting shall be mailed to each director, addressed to him or her at his or her residence or usual place of business, at least three days before the day on which the meeting is to be held, or be delivered to him or her personally or by telephone, no*. later than three day(s) before the day on which the meeting is to be held. Each such notice shall state the time and place of the meeting, but need not state the purposes thereof except as otherwise here provided. Section 5. Notices Excused. Notice of any meeting of the Board of Directors need not be given to any director who shall be present at such meeting; and any meeting of the Board of Directors shall be a legal meeting without any notice thereof having been given if all of the directors of this corporation then in office shall be present or waive the notice in writing before, at, or after the meeting. 7.aq~3.04333 !~1'200-1 Section 6. Quorum and Manner of ActinF. Except as otherwise provided by statute or by these Bylaws, a quarter of the total number of members shall be required to constitute a quorum for the transaction of business at any meeting, and the act of a majority of the members present at any meeting at which a quorum is present shall be the act of the members. In the absence of a quorum, a majority of the directors present may adjourn any meeting from time to time until a quorum be had. Notice of any adjourned meeting need not be given other than be announcement at the meeting at which adjournment is taken. Section 7. Property Rights. No member shall have any right, title, or interest in or to any property of this Corporation. ARTICLE III. Board of Directors Section 1. General Powers. The property, affairs and business of this corporation shall be managed by the Board of Directors. Section 2. Number, Qualification and Term of Office. The number of directors shall be not less than one. Each director shall be a natural person of full age and shall hold office until the annual meeting of the directors next following his or her election and until his or her successor shall have been elected and shall qualify, or until his or her death, resignation, or removal as hereinafter provided. Section 3. Organization. At each meeting of the Board of Directors, the President of this corporation or, in his or her absence, a chairman chosen by a majority of the directors present, shall preside. The Secretary of this corporation or, in his or her absence, any person whom the chairman shall appoint, shall act as secretary of the meeting. Section 4. Resignation. Any director of this corporation may resign at any time by giving written notice to the President or to the Secretary of this corporation. The resignation of any director shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by the officer of this corporation to whom such written notice is given; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 5. Vacancies. Any vacancy in the Board of Directors caused by death, resignation, removal, an increase in the number of directors, or any other cause, shall be filled by a vote of the remaining directors (though less than a quorum), and each director so chosen shall hold office until the next annual election and until his or her successor shall be duly elected and qualified, unless sooner displaced. Section 6. Place of Meetings. The Board of Directors may hold its meetings at such place or places, within or without the State of Minnesota, as it may from time to time determine. Section 7. Annual Meetin~z. The annual meeting of the Board of Directors shall be held each ye/~r for the purpose of electing the directors and officers of this corporation and for the transaction of such other business as shall come before the meeting. Notice of such meeting shall be given ten days before the day on which the meeting is to be held, unless excused in accordance with Section 9. The notice shah state the time and place of the meeting. LMW104333 MU200-1 Section 8. Special Meetings ~ Notice. Special meeting of the Board of Directors shall be held whenever called by the President or by any twenty-five percent of the other directors. Notice of each such special meeting shall be mailed to each director, addressed to him or her at his or her residence or usual place of business, at least three days before the day on which the meeting is to be held, or be delivered to him or her personally or by telephone, not later than three days before the day on which the meeting is to be held. Each such notice shall state the time and place of the meeting, but need not state the purposes thereof except as otherwise herein expressly provided. Section 9. Notices Excused. Notice of any meeting of the Board of Directors need not be given to any director who shall be present at such meeting; and any meeting of the Board of Directors shall be a legal meeting without any notice thereof having been given if all of the directors of this corporation then in office shall be present thereat or waive such notice in writing before, at, or after such meeting. Section 10. Quorum and Manner of Acting. Except as otherwise provided by statute or by these Bylaws, a majority of the total number of directors (but not less than one) shall be required to constitute a quorum for the transaction of business at any meeting, and the act of a majority of the directors present at any meeting at which a quorum is present shall be the act of the Board of Directors. In the absence of a quorum, a majority of the directors present may adjourn any meeting from time to time until a quorum be had. Notice of any adjourned meeting need not be given other than be announcement at the meeting at which adjournment is taken. Section 11. Removal of Directors. Any director may be removed, either with or without cause, at any time, by a vote of a majority of the total number of directors, at a special meeting of the Board of Directors for the purpose, and the vacancy in the Board of Directors caused by any such removal shall be filled in the manner specified in Section 5 hereof. Section 12. Proxies. Proxies may be used. Section 13. Votinz by Mail. Voting by mail is allowed. ARTICLE IV. Section 1. Number. The officers of this corporation shall be a President, a Secretary, a Treasurer, and, if the Board of Directors shall so elect, one or more Vice Presidents and such other officers as may be appointed by the Board of Directors. Any two or more offices, except those of President and Vice President, may be held by the same person. Section 2. Election~ Term of Office, and Qualifications. All officers shall be elected annually by the Board of Directors, and, except in the case of officers appointed in accordance with the provisions of Section 10 hereof, each shall hold office until the next annual election of officers and until his or her successor shall have been duly elected and qualified, or until his or her death, or until he or she shall resign, or until he or she shall have been removed in the manner hereinafter provided. Section 3. Resignations. Any officer may resign at any time by giving written notice of his or her resignation to the Board of Directors, to the President, or to the LM~104333 MU200-1 3 Secretary of this corporation. Any such resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by the Board of Directors, President, or Secretary of this corporation; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 4. Removal. Any officer may be removed, either with or without cause, by a vote '~f a majority of the total number of directors, at any annual or special meeting called for the purpose, and such purpose shall be stated in the notice or waiver of notice of such meeting unless all the directors of this corporation shall be present thereat. Section 5. Vacancies. A vacancy in any office because of death, resignation, removal, or any other cause shall be filled for the unexpired portion of the term in the manner prescribed in these Bylaws for election or appointment to such office. Section 6. President. The President shall be the chief executive officer of this corporation and shall have general active management of the business of this corporation; shall, when present, preside at all meetings of the Board of Directors and at all meetings of the Executive Committee, if any; shall see that all orders and resolutions of the Board of Directors are carried into effect; may execute and deliver in the name of the corporation (except in cases in which such execution and delivery shall be expressly delegated by the directors or by these Bylaws to some other officer or agent of this corporation or shall be required by law to be otherwise executed and delivered) any deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of this corporation, including, without limitation, any instruments necessary or appropriate to enable this corporation to donate income or principal of the corporation to or for the account of such corporations, associations, trusts, foundations, and institutions as are referred to or described in the Articles of Incorporation of this corporation and as this corporation was organized to support; shall perform such other duties as may from time to time be prescribed by the Board of Directors; and, in general, shall perform all duties usually incident to the office of the President. Section 7. Vice President. Each Vice President, if any, shall be elected by the Board of Directors, shall have such powers and shall perform such duties as may be prescribed by the Board of Directors or by the President. In the event of absence or disability of the President, Vice Presidents shall succeed to his or her powers and duties in the order designated by the Board of Directors. Section 8. Secretary. The Secretary shall be Secretary of, and when present, shall record proceedings of all meetings of the Board of Directors and of all of meetings of the Executive Committee, if any; shall keep a register of the names and addresses of all members of this corporation; shall at all times keep on file a complete copy of the Articles of Incorporation and all amendments and restatements thereof and a complete copy of these Bylaws and all amendments and restatements hereof; shall, when directed to do so, give proper notice of meetings of the Board of Directors and meetings of the Executive Committee, if any; shall perform such other duties as may from time to time be prescribed by the Board of Directors or by the President; and, in general, shall perform all duties usually incident to the office of the Secretary. Section 9. Treasurer. The Treasurer shall keep accurate accounts of all moneys of this corporation received or disbursed; shall de osit all mo a_nd checks in the name of and th~_ ~,~;~ -~ .t: P .. . neys, drafts, .... . . , to ....... u~c u~, cms corporation In such b LMW104333 MU200-1 4 shall have power to endorse for deposit all notes, checks and drafts received by this corporation; shall disburse the funds of this corporation as ordered by the Board of Directors, making proper vouchers therefor; shall render to the President and the directors, whenever required, an account of all his or her transactions as Treasurer and of the financial condition of this corporation; shall perform such other duties as may from time to time be prescribed by the Board of Directors or by the President; and, in general, shall perform all duties usually incident to the office of the Treasurer. Section 10. Other Officer, A~ents, and Employees. This corporation may have such other officers, agents, and employees as may be deemed necessary by the Board of Directors. Such other officers, agents, and employees shall be appointed in such manner, have such duties, and hold their offices for such terms as may be determined by resolution of the Board of Directors. Section 11. Bond. The Board of Directors of this corporation shall from time to time determine which, if any, officers of this corporation shall be bonded and the amount of each bond. ARTICLE V. Executive Committee Section 1. Number, Qt~-lWication, Term of Office. The Board of Directors may, by resolution adopted by two-thirds (2/3) of the total number of directors, establish an Executive Committee of the Board of Directors of this corporation and appoint two or more directors to serve on such Executive Committee, at least one of whom shall be the President of this corporation. Only persons who are directors of this corporation shall be eligible for appointment to the Executive Committee. When a member of the Executive Committee ceases to be a director of this corporation, such person automatically shall cease to be a member of the Executive Committee of this corporation. Section 2. Powers. Except for the power to amend the Articles of Incorporation and the Bylaws of this corporation, which power is expressly reserved solely to the Board of Directors of this corporation as hereinafter provided, the Executive Committee shall have all of the powers and authority of the Board of Directors, subject always to the direction and control of the Board of Directors. Section 3. Meetings. If an Executive Committee is established, it shall hold such regular or other periodic meetings, at such times and places, and upon such notice, if any, as may from time to time be fixed by resolution adopted by a majority of the members of the Executive Committee. In addition, special meetings of the Executive Committee shall be held whenever called by the President or by any one other member of the Executive Committee, upon the same notice as provided for in Article III, Section 8 for special meetings of the Board of Directors, unless excused in accordance with Article III, Section 9. Section 4. Quorum and Manner of Acting. A majority of the total number of members of the Executive Committee (but not less than two shall be required to constitute a quorum for the transaction of business at any meeting, and the act of a majority of the members of the Executive Committee present at any meeting at which a quorum is present shall be the act of the Executive Committee. In the absence of a quorum, a majority of the members of the Executive Committee present may adjourn any meeting from time to time until a quorum be had. Notice of any adjourned LMW1043~3 MU200-1 II meeting need not be &riven other than be announcement at the meeting at which adjournment is taken. :I,~'~104333 ~{V200-1 6 ARTICLE VI. Fi_.~a~-i-! Matters Section 1. Books and Records. The Board of Directors of this corporation shall cause to be kept: (1) records of all proceedings of the Board of Directors and the Executive Committee, if any; and (2) such other records and books of account as shall be necessary and appropriate to the conduct of the corporate business. Section 2. Documents Kept at Registered Office. The Board of Directors shall cause to be kept at the registered office of this corporation originals or copies of: (1) records of all proceedings of the Board of Directors and the Executive Committee, if any; and (2) all financial statements of this corporation; and (3) Articles of Incorporation and Bylaws of this corporation and aH amendments and restatements thereof. Section 3. Accountin~ System. The Board of Directors shall cause to be established and maintained, in accordance with generally accepted accounting principles applied on a consistent basis, an appropriate accounting system for this corporation. The Board of Directors may cause the records and books of account of this corporation to be audited as it may deem necessary or appropriate and may retain such person or firm for such purposes as it may deem appropriate. Section 4. Compensation. The Board of Directors of this corporation may at any time and from time to time, by resolution adopted by two-thirds (2/3) of the total number of directors, provide for the payment of compensation to, and for the payment or reimbursement of expenses incurred by, any director, officer, agent, or employee of this corporation for personal services rendered to this corporation by, or for any expenses necessarily paid or incurred by, any such director, office, employee, but only if and to the extent that the performance of such agen.t, or the incurring of such expenses is directly in furtherance of the charitable service or purposes of this corporation and the compensation or the amount of expenses paid or reimbursed, as the case may be, is reasonable and not excessive. Section 5. Fiscal Year. The fiscal year of the corporation shah be determined by the Board of Directors. Section 6. Checks~ Drafts~ and Other Matters. All checks, drafts, or other orders for the payment of money and all notes, bonds, or other evidences of indebtedness issued in the name of this corporation shall be signed by either the President, the Treasurer, or such officer or officers, agent or agents, employee or employees of this corporation and in such manner as may from time to time be determined by resolution of the Board of Directors. L~/104333 MU200-1 ARTICLE VII. Waiver of Notice Whenever notice of any meeting is required to be given by these Bylaws or any of the corporate laws of the State of Minnesota, such notice may be waived in writing, signed by the person or persons entitled to such notice, whether before, at, or after the time stated therein or before, at, or after the meeting. ARTICLE VIII. Authorization Without a Meeting' Any action that may be taken at a meeting of the Board of Directors or the Executive Committee may be taken without a meeting when authorized in writing signed by all of the directors or by all of the members of the Executive Committee as the case may be. , ARTICLE IX. Indem,~Wication To the extent permitted by law, any former or present director or officer of this corporation who was or is a party or is threatened to be made a party to any proceeding, or the estate of any former present officer of this corporation which is a party or is threatened to be made a party to any proceeding, wherever and by whomever brought, by reason of his or her former or present official capacity as a director or officer of this corporation, or his or her official capacity as a director, officer, employee, partner, trustee or agent of another corporation, partnership, joint venture, trust or other organization, while serving at the request of this corporation, shall be indemnified by this corporation against expenses, including attorneys' fees, judgments, fines and amounts paid in settlement or actually and reasonably incurred by him or her in connection with such proceeding. Such reimbursement shall be made in advance of the final disposition of the proceeding to the extent provided by law. Except as expressly provided herein, no other person shall be indemnified by the corporation for expenses incurred in connection with a proceeding to which such person was or is a party or is threatened to be made a party by reason of the former or present official capacity of such person. ARTICLE X. Amendments The Board of Directors may amend this corporation's Articles of Incorporation, as from time to time amended or restated, and these Bylaws, as from time to time amended or restated, to include or omit any provision which could lawfully be included or omitted at the time such amendment or restatement is adopted. Any number of amendments, or an entire revision or restatement of the Articles of Incorporation or Bylaws, either (1) may be submitted and voted upon at a single meeting of the Board of Directors and be adopted at such meeting, a quorum being present, upon receiving the affirmative vote of not less than two-thirds (2/3) of the total number of directors of this corporation, or two (2) may be adopted, in L/~/104333 MU200-1 accordance with Article VIII hereof, by a writing signed by all of the directors of this corporation. Dated: , 1996 Approved: Secretary , Director , Director , Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this ~ day of , 1996, before me, a Notary Public within and for the state and county above, personally appeared , , and , Directors of Woodland Point Common Homeowners AssOciation, Inc., to me known to be the persons described in and who executed the foregoing Bylaws, and acknowledged that they executed the same by their free act and deed and did dispose on oath before me that they are of full age. Notary Public This instrument drafted by: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 MU200-1 (LMW) L~9/104333 MU200-1 CONSENT AND AGREEMENT TO WOODLAND POINT COMMON ItOMEOiV~ERS ASSOCIATION, INC. The undersigned, being an owner(s) of Lot , Block , WOODLAND POINT, Hennepin County, Minnesota, hereby consents and agrees to be bound and obligated by and adhere to the articles of incorporation, bylaws, rules and regulations of the Woodland Point Common Homeowners Association, Inc., a Minnesota non-profit corporation (the "Association") and by the terms and conditions of any and all agreements and contracts entered into by the Association with the City of Mound or any other third party. The undersigned understands and agrees that execution and delivery of this Consent and Agreement is a condition for the undersigned obtaining any rights or benefits available to members of the Association and that by executing and delivering this Consent and Agreement the undersigned shall be a member of the Association for one (1) year. This Consent and Agreement shall automatically expire after one (1) year and the undersigned shall not have any further rights with respect to the Association unless and until the undersigned executes and delivers a new Consent and Agreement in such form as the Association may require. Dated: , 199 (Print Name) (Print Name) I~10433¢ MU200-1 DRAFT MEMORANDUM OF UNDERSTANDING This memorandum of understanding is made as of the ~ day of 1996 by and between THE CITY OF MOUND, a Minnesota municipal corporation ("City") and the WOODLAND POINT COMMONS HOMEOWNERS ASSOCIATION, an association comprised of owners of lots within Woodland Point ("Association"). I. BACKGROUND 1. For many years the City of Mound has exercised a number of functions within or relating to the various lakeshore commons areas located within the City. Those functions have included the licensing of private docks, regulations of structures within the commons, operating beach and boat launch facilities, maintaining commons area, regulating activities and uses which may occur within the commons areas. These functions were based, in part, on the basis that the lakeshore commons area were dedicated to public use. 2. In January, 1996 the case of Flack~ et al. vs. City of Mound~ et al., ("Flaek case") held that a portion of the lakeshore commons area in Woodland Point known as Wawonaissa Commons was not a public commons either by virtue of the original dedication or by subsequent use. 3. Following that decision, the City and a number of owners of lots in Woodland Point, including some of the plaintiffs in the litigation, undertook mediation of the matters and concerns resulting from the decision. The report which followed the conclusion of mediation contained a number of recommendations for dealing with all of the lakeshore commons on Woodland Point. 4. Lot owners within Woodland Point have now established the Association whose purposes are described in the instruments which established the Association, and include entering into this memorandum. II. SCOPE AND PURPOSE 1. It is the intention of the parties that this agreement will apply to the entire lakeshore commons area which is shown on the plat for Woodland Point as Wawonaissa Common and Waurika Common. In this agreement that area will be referred to collectively as the Woodland Point Commons. The City agrees that so long as this agreement is in effect, it will not initiate any action seeking to obtain a different judicial determination with respect to any portions of the Woodland Point Commons which was not controlled by the decision in the Flack case. 2. This agreement is intended to deal only with matters which are specifically covered. Matters which are not specifically addressed may not be included by implication; this agreement may not be construed as placing additional or further obligations or responsibilities upon the City with respect to Woodland Point Commons than the City explicitly agrees to undertake herein. III. UNDERTAKING The Association hereby requests and the City hereby agrees to perform the following functions with respect to Woodland Point Commons. JBD104342 MU200-1 Iss__ssve_permits for watercraft to be kept at docks on the Commons. Procedure. a) Not later than September 1, of any year beginning in 1996, the Association will submit to the City the Association's dock location map for the following year. The map will contain information of a nature which is similar to the dock location maps used by the City in connection with the public commons. b) The City shall then have until December 31 of that year to review the proposed map and notify the Association whether or not it is acceptable. It is expected that, if necessary, dialogue will take place during the review period in an effort to create an dock location map acceptable to the City and the Association. c) In the event that the parties are unable to reach agreement on a dock location map by December 31, this agreement will automatically terminate and be of no further force and effect unless extended by the written consent of both parties. d) In the event that the parties are able to reach agreement on a dock location map by December 31, this agreement will be automatically extended until December 31 of the next following year. e) Upon agreement, the City will make application to the Lake Minnetonka Conservation District ("LMCD") for the lesser of: i) the maximum number of permits indicated by the agreed upon dock location map; or ii) the maximum number of permits available for issuance to Woodland Point Commons by the LMCD. f) The City will thereafter make permits available to the Association for distribution to the extent authorized by the LMCD and in accordance with the approved dock location map. g) The City may condition delivery of the permits to the Association upon the payment by the Association of a fee necessary to cover the City's costs and expenses. IV. OTHER MATTERS 1. Canary Beach. The parties acknowledge that this agreement is not intended to effect any activities of the City with respect to Canary Beach. The City shall continue to exercise its discretion in determining whether to operate and maintain and regulate Canary Beach as a public swimming area; and the owners of land within Woodland Point shall retain all the rights and remedies available to them with respect to such activities. 2. Structures and Improvements on the Commonn. Except with respect to structures and improvements located on Canary Beach (should the City elect to operate Canary Beach); and except for requirements contained in the City's building, nuisance, zoning and flood management regulations, during the term of this Agreement the City shall have neither the right nor the obligation to regulate, JBD104342 MU200-1 control, restrict, demolish, remove, repair or take any action with respect to structures and improvements currently located on Woodlake Commons or erected hereafter. It is the intent of this provision that the Woodland Point Commons be treated like private property. 3. Enforcement of Laws. Except as to Canary Beach, the City shall be responsible for the enforcement of the laws relating to public offenses committed on Woodland Point Commons in the same manner as such laws are enforced on private property elsewhere in the City. 4. No Rights Conferred. It is understood that neither the City nor its officers, agents or employees is assuring that the members of the Association will receive the number of docks or location of docks shown or the approved dock location map; or that the LMCD will continue to accept applications from the City on behalf of the Association. No property rights or rights to continued use of docks is intended by this Agreement. 5. Termination. In addition to the non-extension provision contained in paragraph III A1 (c) above, this Agreement may be terminated by either party at any time upon the giving of 30 day written notice of termination to the other party. 6. Notices. Ail written notices required to be given under this Agreement shall be sufficiently given and delivered only if it is dispatched by registered or certified mail, postage prepared, return receipt requested, or delivered personally; and (a) in the case of the City is addressed to or delivered to the City at 5341 Maywood Road, Mound, Minnesota 55364 ATTN: City Manager; and (b) in the case of the Association is addressed to or delivered to the Association at IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day, date and year first above written. CITY OF MOUND By Its By Its JBD104342 MU200-1 WOODLAND POINT COMMONS HOMEOWNERS ASSOCIATION By Its By Its JBD104342 MU200-1 RESOLUTION //96- RESOLUTION TO APPROVE A LOT SIZE VARIANCE TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 2332 DRIFTWOOD LANE LOT 9, SKARP'S EAST LAWN PID//13-117-24 44 0058, P&Z CASE//96-04 WHEREAS, the owner, Richard Wigner has applied for a lot size and lot width variance to allow construction of a new conforming dwelling, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires for a minimum lot area of 10,000 square feet, a 30 foot front yard setback, side yard setbacks of 10 feet and 6 feet for lots of record, and a 50 foot setback to the ordinary high water elevation, and; WHEREAS, the existing lot width is 50 feet, the required width is 60 feet resulting in recognition of a 10 foot variance, and; WHEREAS, the required lot area is 10,000 square feet, the existing lot area is 7,248 +- square feet, this results in the recognition of a 2,752 square foot variance, and; WHEREAS, the existing sub-standard dwelling will be demolished, and; WHEREAS, the proposed dwelling will be conforming to setbacks, and will be a substantial improvement to the existing conditions on the property, and; WHEREAS, all improvements are required to be in full conformance with the floodplain regulations contained in the City Code and the State Building Code. Staff has worked with the applicant on this issue and the plans are being revised to be in conformance with the lowest floor elevation for Lake Minnetonka of 933. The floodplain is being modified by being filled, and it is also being compensated for 1/1 on-site. The proposed floodplain modifications have been reviewed by the City Engineer. The applicant must obtain other agency approvals as necessary, such as the Minnehaha Creek Watershed District, and; WHEREAS, all other setbacks, lot area, and impervious surface coverage are conforming, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval with a vote of seven in favor and two opposed. NOW, THEREFORE, BE IT ~LVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a 2,752 square foot lot area variance and a 10 foot lot width variance to construct a new dwelling with the following findings: 1) The request with minor modifications is conforming to the ordinance, and 2) with this proposal there will be a substantial improvement to the existing condition of the property, and will result in the elimination of two existing nonconformities, the detached garage and the nonconforming side yard setback to the existing dwelling. Approval is subject to the following conditions: Proposed Resolution l~gner Page 2 ao The driveway area, as proposed, must be reduced to allow for conforming impervious surface coverage. bo The driveway must be crowned in order to direct the flow of stormwater around the side and towards the lake. Approval from other agencies, as required, including the Minnehaha Creek Watershed District. The area under the deck must be a permeable surface so as not to have a nonconforming impervious surface coverage situation. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a conforming single family dwelling (30' x 50') with an attached garage and a conforming deck (8' x 30'). This variance is granted for the following legally described property: Lot 9, Skarp's East Lawn. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINNEHAHA CREEK WATERSHED DISTRICT 2500 Shadywood Road, Suite 37 Excelsior, Minnesota 55331 Phone: 612/471-0590 Fax: 612/471-0682 BOARD OF MANAGERS: John E. Thomas, President; Pamela G. Blixt, Vice President; Martha S. Hartfiel, Secretary; Thomas W. LaBounty, Treasurer, Monica Gross; C. Woodrow Love; Thomas Maple, Jr. April 30, 1996 Permit Application No. 96-65: Applicant: Location: Purpose: WATERSHED BOUNDARY Richard James Wigner 2332 Driftwood La~e Mound, MN 55364 City of Mound, T-11TN, R-24W, Section 13, SE 1/4 Floodplain alteration with compensatory excavation to allow replacement of existing house on the property with a larger one. Dear Richard James Wigner: At the regularly scheduled April 25, 1996 meeting of the Board of Managers, the subject permit application was reviewed along with the following exhibits: 1. Permit application 96-65 received April 1, 1996. 2. Certificate of survey with grading plan dated March 18, 1996 received March 28, 1996. 3. Letter from the DNR stating they have no objection to the variance (lot size) received March 15, 1996. Action was taken approving your permit application pending receipt and staff approval of a silt fence detail and Rule J fees in amount of $136.50. Please note that due to size and complexity of certain projects, the Board requires that site inspections be conducted. In these cases, the applicant is required to pay to the District a fee equal to the actual costs of field inspection of the work, including investigation of the area affected by the work, analysis of the work, and any subsequent monitoring of the work. These costs are referred to as Rule J fees. Please be advised that the project is not authorized until the above has been submitted and you have been notified of permit issuance. Sincerely, WENCK ASSOCIATES, INC. Engineers for the District Alan A. Mackenthun AAM/ljv cc: Coffin & Gronberg, Inc. City of Mound Minnehaha Creek Watershed District District Director Eugene R. Strommen, Assistant District Director Suzanne M. Weedman N:X0185\01-154\Word~LRW04296.Lu-AAM-Ijv MINUTES OF A MEETING OF TI-IE MOUND ADVISORY PLANNING COMMISSION APRIl, 22, 1996 CASE 96-04: VARIANCE FOR NEW DWELLING, RICHARD WIGNER, 2332 DRIFTWOOD LANE, LOT 9, SKARP'S EAST LAWN, PID 13-117-24 44 0058 The applicant is seeking a variance that will allow the existing sub-standard dwelling to be demolished, and permit a new dwelling with an attached garage to be constructed in its place. The proposed dwelling is conforming to setbacks, and is a substantial improvement to the existing conditions on the property. The following nonconforming issues are listed below, along with staff's comments. 1) Lot Width: The existing lot width is 50 feet, the required width is 60 feet resulting in recognition of a 10 foot variance. There is adjoining property that is currently for sale. If 10 feet of the adjoining property could be obtained, the nonconforming width could be eliminated. 2) 3) 4) Lot Area: The required lot area is 10,000 square feet, the existing lot area is 7,248+- square feet, this results in the recognition of a 2,752 square foot variance. (same comments as above) Impervious Surface: The proposed impervious surface coverage is 9 square feet over the maximum allowable of 40% for a lot of record with an approved drainage plan. The impervious surface area could be reduced by narrowing the driveway slightly. Floodplain: All improvements are required to be in full conformance with the floodplain regulations contained in the City Code and the State Building Code. Staff has worked with the applicant on this issue and the plans are being revised to be in conformance with the lowest floor elevation for Lake Minnetonka of 933. The floodplain is being modified by being filled, and it is also being compensated for 1/1 on site. The proposed floodplain modifications have been reviewed by our City Engineer and his comments are attached to this report. In addition to the City's requirements, the applicant must obtain other agency approvals, such as the Minnehaha Creek Watershed District. Planning Commission Minutes April 22, 1996 Staff recommended the Planning Commission recommend approval of the variance request to construct a new dwelling with the following findings: 1) The request with minor modifications is conforming to the ordinance, and 2) With this proposal there will be a substantial improvement to the existing condition of the property, and will result in the elimination of two existing nonconformities, the detached garage and the nonconforming side yard setback to the existing dwelling. Approval is subject to the following conditions: 1. The driveway area must be reduced to allow for conforming impervious surface coverage. 2. The driveway must be crowned in order to direct the flow of stormwater around the side and towards the lake. 3. Approval from other agencies, as required, including the Minnehaha Creek Watershed District. Sutherland added a comment that the adjacent property is for sale, so it may be possible that the applicant could acquire additional land to bring the lot size into conformance. Sutherland stated that the applicant can speak on this issue. Weiland clarified that the proposal includes an 8' x 30' deck. Sutherland confirmed that if it is pervious and meets the ordinance it will not count as hardcover. Richard Wigner, applicant, stated that they have made several attempts to purchase the adjacent property, however, the owner/seller has not responded. A survey of the adjacent property was handed out to the Commissioners for review. Burma confirmed that the applicant could not purchase a portion of the adjacent lot unless the building is removed. Reifschneider had a question about side yard setbacks and staff clarified that the side yard setbacks for the new construction are 6' and 10', for lots of record. Mueller commented that the applicant has agreed to reduce the hardcover, and if they purchase 10 feet of the adjacent property they may loose their lot-of-record status. He would prefer not to see something this close to both side lot lines, but would rather see a new house there, and believes their would be a greater benefit, long-term to see the 40% hardcover maintained. Mueller wants to make sure the area under the deck will be a permeable surface. Mueller asked about vegetation screening and emphasized that our ordinance requires screening and suggested that they consider applying this for any new house construction. Hanus referred to the letter from the DNR which states, "The structures on the lot should be screened from view on Lake Mirmetonka using existing vegetation, landscaping, color and other means approved by the city. In accordance with the Mound shoreland ordinance, natural, unmowed vegetation should be allowed to grow 2 Planning Commission Minutes Apdl 22, 1996 within the 25 foot shore impact zone of Lake Minnetonka." Hanus questioned if it is their intent to allow 'natural unmowed vegetation." Mueller stated that he would interpret this to mean bushes and things that are not mowed, and commented that the shoreland ordinances states "leaf-on vegetation." Voss confirmed with the Building Official that the existing dwelling could be remodeled, even though the structure is too small, has a poor foundation, and is nonconforming. Voss commented that by not approving this variance they could be allowing a substandard condition to exist forever. MOTION by Voss to recommend approval of the variance, as recommended by staff, including the condition that the area under the deck be a permeable surface so as not to have a nonconforming impervious surface coverage situation. Motion seconded by Mueller. Wigner stated, with regard to the vegetation, according to the MCWD, anything he does has to be approved by them, and it is his intention that the lot will stay the way it is. Mueller expressed a concern about increased drainage onto the property where the cottage is to the south. Sutherland stated that because that area is in the floodplain, they can't berm it, they could only resolve it by using gutters. Weiland stated that he will vote against the motion as he would like to see a letter from the people who are selling the adjacent property stating that they can not buy any. Glister agreed. Wigner stated that the property has been tied up in probate for a year and that there is no one that will give him an answer. Glister would like to see a denial in writing. Weiland agreed, he would like to know that they made an honest attempt. Wigner asked, what if they agree to sell I0 or 15 feet, but he cannot afford? Glister stated that cost is not a hardship. Clapsaddle commented that this is a sound proposal, made in good faith, and suggested they vote on the issue. Burma commented that he is also in support of the motion, considering the existing condition of the property, the location and condition of the existing nonconforming shed on the street side, he is in support of proposal. Hanus called for the question. Motion carried 7 to 2. Those in favor were: Voss, Clapsaddle, Michael, Mueller, Burma, Reifschneider and Hanus. Weiland and Glister opposed. This case will be heard by the City Council on May 14, 1996. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 STAFF REPORT DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of April 22, 1996 Planning Commission, Applicant and Staff Jon Sutherland, Building Official Variance Request Richard Wigner 96-04 2332 Driftwood Lane, Lot 9, Skarp's East Lawn, PID 13-117-24 44 0058 R-1 Single Family Residential BACKGROUND: The applicant is seeking a variance that will allow the existing sub-standard dwelling to be demolished, and permit a new dwelling with an attached garage to be constructed in its place. The proposed dwelling as noted on the survey (revised date 3-8-96) is conforming to setbacks, and is a substantial improvement to the existing conditions on the property. The following nonconforming issues are listed below, along with staff's comments. 1) Lot Width: The existing lot width is 50 feet, the required width is 60 feet resulting in recognition of a 10 foot variance. There is adjoining property that is currently for sale. If 10 feet of the adjoining property could be obtained, the nonconforming width could be eliminated. 2) Lot Area: The required lot area is 10,000 square feet, the existing lot area is 7,248 +- square feet, this results in the recognition of a 2,752 square foot variance. (same comments as above) 3) Impervious Surface: The proposed impervious surface coverage is 9 square feet over the maximum allowable of 40% for a lot of record with an approved drainage plan. The impervious surface area could be reduced by narrowing the driveway slightly. prmted on recycled paper Staff Report Wigner Page Two 4) Floodplain: All improvements are required to be in full conformance with the floodplain regulations contained in the City Code and the State Building Code. Staff has worked with the applicant on this issue and the plans are being revised to be in conformance with the lowest floor elevation for Lake Minnetonka of 933. The floodplain is being modified by being filled, and it is also being compensated for 1/1 on site. The proposed floodplain modifications have been reviewed by our City Engineer and his comments are attached to this report. In addition to the City's requirements, the applicant must obtain other agency approvals, such as the Minnehaha Creek Watershed District. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request to construct a new dwelling with the following findings: 1) The request with minor modifications is conforming to the ordinance, and 2) With this proposal there will be a substantial improvement to the existing condition of the property, and will result in the elimination of two existing nonconformities, the detached garage and the nonconforming side yard setback to the existing dwelling. Approval is subject to the following conditions: The driveway area must be reduced to allow for conforming impervious surface coverage. The driveway must be crowned in order to direct the flow of stormwater around the side and towards the lake. Approval from other agencies, as required, including the Minnehaha Creek Watershed District. The abutting neighbors have been notified of this request. This casa is schedu/ed to be heard by the City Council on May 14, 1996. TO McCombs Frank Roos Associates, Inc. Engineers, Planners, Sun/eyors 15050 23rd Ave. N., Plymouth, MN 55447-4739 612/476-6010 Fax 612/476-8532 Leller of TrnllNinilln[ WE ARE SENDING YOU Attached [] Under separate cover via [] FedEx 'FI' n~ai[' ' [] [] Messenger. the following items: [] Shop Drawings [] Copy of letter [] Prints [] Change Order [] Specifications [] Plans [] Samples [] COPY TO SIGNED: If enclosures are not as noted, kindly no~ us at once. PHONE NO. EPARTMENT OF NATURAL METRO WATERS, 1200 WARNER ROAD, ST. PAUL, MN 772-7910 February 12, 1996 Mr. Jon Sutherland City of Mound 5341 Maywood Road Mound, Minnesota 55364 RESOURCES 5510~iLE NO. RE: Richard and Linda Wigner Variance Application, (City #96-04), Lake Minnetonka (27-133P), City of Mound, Hennepin County Dear Mr. Sutherland: We have reviewed the Wigner variance request (received January 31, 1996) for 2332 Driftwood Lane. We do not object to the variance and have the following comments: The ground level at the lakeward side of the proposed home is at 930.9' (NGVD, 1929). This is below the Regulatory Flood Protection Elevation (RFPE) of 933' (NGVD, 1929) that the City of Mound uses for Lake Minnetonka. The proposed home must conform with the Mound floodplain regulations. The structures on the lot should be screened from view on Lake Minnetonka using existing vegetation, landscaping, color and other means approved by the city. In accordance with the Mound shoreland ordinance, natural, unmowed vegetation should be allowed to grow within the 25' shore impact zone of Lake Minnetonka. Thank you for the opportunity to comment on this variance application. Should you have any questions, do not hesitate to contact me at 772-7910. Sincerely, Joseph G. Richter Hydrologist JGR/kl C: City of Mound Shoreland File AN EQUAL OPPORTUNITY EMPLOYER VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date:~ City Council Date:~~ Distribution: City Planner ]--~12 Public Works City Engineer }~ 0 DNR Other Please type or print the following information: Ad'ess of Subject Property Lot Addition S~a~ps Zoning District Owner's Address Block U~ of ~o~: ~ff~ ' Applicant's Name (if other than owner) Address 5~-,t'w~ t~ Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, g~no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): n~o £',,-,,3L~' -P,~ 1..~ E),.,.,~LL,',,-b ~'o'x: ~o' Variance Application (11/93) Pag~ 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No ~j~ If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested (or existing) VARIANCE Front Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) ff. ft. ft. : (NSEW) ft. ft. ft. Street Frontage: ~o ~ ft. 5' 0 ft. / 0 ff. Lot Size: 10,1000 sq ft Q~ H 8 sq ft Q'7,5"~ sq ft Hardcover: sq ff sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes 90, No (). If no, specify each non-conforming use: o Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? too narrow ( ) topography ( ) soil too small ( ) drainage ~ existing situation too shallow (~,<) shape ( ) other: specify Please describe: Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the lana after the zoning ordinance was adopted (1982)? Yes (), No ~ If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~ If yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No ~ If no, list some other properties which are similarly affected? V Y · J 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are tree and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing s~ch notices as n~ay be required by law. Owner's Signature~''' , ~/.-/M-~,~/ Applicant's Signature Date CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) II PROPERTY ADDRESS: OWNER'S NAME: LOT AREA SQ. FT. X 30% q.~,/~ ~j SQ. FT. X 40% LOT AREA LOT AREA SQ. FT. X 15% = (for all lots) .............. = (for Lots of Record*) ....... = (for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH HOUSE .~'~) X ~ C) = X = X = DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with e pervious surface under are not counted as hardcover OTHER SQ FT /~'~0 TOTAL HOUSE ......................... X = X = TOTAL DETACHED BLDGS ................. X = X = X = TOTAL DRIVEWAY, ETC .................. X = X = X = TOTAL DECK .......................... X = X = TOTAL OTHER ......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE I~,0=~'0 I UNDER / OVER (indicate difference) ............................... I cf ~-~ ~/--- I PREPARED BY DATE CERTIFICATE OF SURVEY FOR: RICHARD WIGNER LOT 9, SKARP'S EAST.LAWN HENNEPIN COUNTY, MINNESOT~ // I LEGAL DESCRIPTION OF PREMISES SURVEYED: Lot 9, Skarp's East Lawn e: denotes iron marker found o: denotes iron marker set (~.,): denotes existing spot elevation, mean sea le~e] datum Fi~-~: denotes proposed spot elevation, mean sea level datum Bea~gs shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the locations of the existing and proposed houses. It does not pupport to show any otl)er improvements or encroachments. RECEIVED the laws o( IJ',e Slab, ~[ Mmm.~ta oo 6l__ 6l__ Rear' E 1 eva~; on Scole 1/4" 1' '~tu Roll required . Front Elevotion Scole 1/4" 1' Il,ear Mountoa in Tuxedo Blvd. Mound, Mn. Tel. Design (G12-472-12BS) ADDRESS: SURVEY ON IZONE: REQ, LOT AREA: LOT OF RECORD7 YES. NO / 7 REQUIRED STREET FRONTAGE/WIDTH: EXISTING LOT WIDTH: REQUIRED SETBACKS EX,ST,NG LOT DEPTH: 140' PRINCIPAL BUILDING/ HOUSE FRONT: N S E W ?,~.,~.,~.,~.,~.,~ ~ FRONT: N S E W SIDE: N S E W ~:~ · ~--~ SIDE: N S E W I()' REAR: N S E W 15' LAKESHORE: 50' (measured from O.H.W.) TOP OF BLUFF: ~O ° ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: 4' or 6' 4' or 6' 4' 50' (measured from O,H,W,) EXISTING AND/OR PROPOSED SETBACKS: .9 D-3' ,2~83. 3 PRINCIPAL BUILDLbI~G/HOUSE FRONT: N S E~ FRONT: N S E W SIDE: (~5,,E W SIDE: N REAR: N S E W LAKESHORE: ~ ~, ' ~ ~0~ TOP OF BLUFF: [his General Zonin~ Information Sheet onl~ summarizes ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: IS THIS PROPERTY CONFORMING7 YES/~O~ DATE: l'50--q 6 ion of the requirements outlined in the City of Mound Zor Ordinance. For further information, contact the City of Mound Planning Department at?_.7_2.:O6QO. ~ 375. 5 - --1 ......... ..... ~l.....~ ~ ~ H ennep i 9op o, eUr nty April 25, 1996 Mr. Edward Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear ~uk e:~ Accompanying for your review and execution is the Urban Hennepin County Joint Cooperation Agreement for FY 1997-99. The agreement sets forth broad shared powers for carrying out housing and community development activities. The U.S. Department of Housing and Urban Development (HUD) requires the agreement in order for Hennepin County to qualify as an urban county and be the recipient of Community Development Block Grant (CDBG) and the HOME Investment Partnership Program (HOME) entitlement funds. The agreement can be automatically renewed at the end of FY 1999, following notification by the county of each community's option to remain in the program. A draft grey-line copy of the agreement is enclosed, which details all revisions to the current agreement. The most significant changes are the pooling of funds for communities receiving annual planning allocations of less than $50,000 and the elimination of programmatic requirements which are repeated in the annual subrecipient agreements. As a community participating in the Urban Hennepin County program, your city would not be eligible in FY1997-99 to apply for grants under the small cities or state CDBG programs. Your community will automatically participate in the Hennepin County HOME program and will not be eligible to receive HOME funds through the state or other consortiums. Please execute the city signature page of agreement (page 8) to indicate your continued participation in the Urban County Program. Return only an original copy of the city signature page with the city seal and a copy of the authorizing resolution by MAY 31, 1996. Office Of Planning & Development Development Planning Unit 10709 Wayzata Boulevard, Suite 260 Minnetonka, Minnesota 55305 (612) 541-7080 FAX:(612) 541-7090 Recycled Paper Mr. Edward Shukle, Jr. April 25, 1996 Page 2 A sample council resolution is enclosed. A copy of the county signature page will be provided after it has been executed by the county. Please contact me at 541-7083 if you have any questions about the agreement or the Urban County Program. I look forward to continuing our cooperative efforts in addressing suburban Hennepin County housing and community development needs. Sincerely, Barbara Hayden Administrative Manager Enclosures: Cooperation Agreement FY 97-99 Draft grey line agreement Sample resolution RESOLUTION//96- RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MOUND AND HENNEPIN COUNTY FOR CONTINUED PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) WItEREAS, the City of Mound, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block grant (CDBG) and HOME Investment Partnerships (HOME) Programs; and, WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant and HOME Programs. BE IT THEREFORE RESOLVED, that the current Joint Cooperation Agreement between the City and the County be terminated and a new Joint Cooperation Agreement between the City and County be executed effective October 1, 1996, and that the mayor and the City Manager be authorized and directed to sign the Agreement of behalf of the City. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: Acting City Clerk Resolution adopted: Contract No. JOINT COOPERATION AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT pROGRAM ,,. THI.S A.GR~.. EMEoNT.made ,a, nd entered, into by and between the eO F HENNEPIN, State of tv.mm, em.m,, hereinafter reterrecl to as COUNTY, A-2400 Government Center, 'Mih~olis. Minnesota_ 5~4R? ana the c~ties executin this Master A " .-~, , ~,,.,~.~"~c~, - --' ....., .......... g . greement, each here~na~ respegt~vely refe/x~::~g!COOPERATING u~ns~, sam parties to this Agreement each being govemmcntakunits of the Stat~:!~,:~hnesota, and made pursuant to Minnesota Statutes, Section 471.59: ,.: WITNESSETlt: (i':~!': COOPERATING UNIT and COUNTY agree that it is' dhsirable and in the interests of their citizens that COOPERATING UNIT shares its authority to carry out essential :communitY3evelopment and housing activities with COUNTY in order to permit COUNTY to secure and admini~erCommunity Development Block Grant and HOME Investment Partnership funds as an Urban County withln:~the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. it: COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that Th, meanings A. Bo Co May not also apply for giants under the State CDBG Program from appropriations for fiscal years:during which it is participating in the Urban County Program; and 2. May not participate .in a HOME Consortium except through the Urban County. I. DEFINITIONS ts contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the Regulations are r~reference and made a part hereof, and the terms defined in this section have the "Act" means Title I of the Housing and Community Development Act of i974, as amended, (42 U.S.C. 5301 et seq.). "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. "HUD" means the United States Department of Housing and Urban Development. "Cooperating Unit" means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each Agreement. )6>o0 Fo bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant program. "Metropolitan City" means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. H. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to 'cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grant and HOME appropriations for the Federal Fiscal Years 1994~, 199~ and 1995~ and from any program income generated from the expenditure of such funds. III. AGREEIVIENT The term of this Agreement is for a period commencing on ~ii~iiiiiii~ and terminating no sooner :::::::::::::::::::::::::::::::::::::::::: ::::..::::::::;:::::: than the end of the program year covered by the 8tatemznt cf Objcctiv:: and Prcjectzd Use ~f F'.'.nd~ ~i~iii~i[~fi for the basic grant amount for the Fiscal Year 1996~, as authorized by HUD, and for such :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::: additional time as may be required for the expenditure of funds granted to the County for such period. COUNTY :~21 ~}}::notify COOPERATING UNIT prior to the end of the Urban County qualification period that the Agreerh'~i~"'will automatically be renewed unless it is terminated in writing by either party. Either COUNTY or COOPERATING UNIT may exercise the option to terminate the Agreement at the end of the Urban County qualification period. If COUNTY or COOPERATING UNIT fail to exercise that option, it will not have the opportunity to exercise that option until the end of a subsequent Urban County qualification period. COUNTY will notify the COOPERATING UNIT in writing of its right to elect to be excluded by the date specified by HUD. in *~'~ ~ ~-~'"" r- ......Q.,~:~.~,:~ x~,:~ c~, ,~. .... * qua!:.fizat!cn -~':~ This Agreement must be amended by written agreement of all parties to incorporate any changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG and HOME funds allocated for use in COOPERATING UNIT's jurisdiction. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective goveming bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Office of Planning and Development, and in no event shall the Agreement be filed later than 199 . /~Ot COOPERATING UNIT and COLrNTY shall take all actions necessary to assure compliance with the applicant's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; .'D:..e A,'_erican: ?/ith D~sab!!!tie: Act ~ev. ~nnn....v, and other applicable laws. IV. ACTMTIES COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out within the terms of this Agreement certain projects involving one or more of the essential activities eligible for funding under the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant mounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's responsibility to assume all obligations of an applicant under the Act, including the development .......... c. Fund~:i~i~hd~ ~!~ pursuant to 24 CFR ~c'~n COOPERATING UNIT further specifically agrees as follows: Ao COOPERATING UNIT will in accord with a COUNTY-established schedule prepare and provide to COUNTY, in a prescribed form, an annual requests for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County e ~,.,~,l~ ~. ~j~,, ~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Bo COOPERATING UNIT acknowledges that, pursuant to 24 CFR {}570.501 (b), it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR {}570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by COUNTY. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COUNTY. COOPERATING UNIT shall implement all activities funded for each annual program pursuant to this Agreement within ~ Twenty-Four (24) months of the authorization by HUD to expend the basic grant amount. Funds for all activities not implemented within ~ Twenty-Four (24) months shall be ~4~.~ .~ +~. ........... , ~-: ................. :..~4 ,... r-n, n,~-vv ~.~ ~,, ...... , Implementation period extensions may be granted upon request in cases where the authorized activity has been initiated and/or subject of a binding contract to proceed. to Ho COOPERATING UNIT will take actions necessary to ~!~?~?~i~ acc°mplishi~g the community development program and housing az:iztance goals, as contained in the Urban Hennepin County Ccmprehcnsi;'c ........ ~, ................... ~: , ..... , .................................................................................... COOPERATING UNIT shall ensure that all programs and/or activities funded in part or in full by grant funds received pursuant to this Agreement shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall, in implementing all programs and/or activities funded by the basic grant amount comply, with all applicable Federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from receiving CDBG funding for any activities. COOPERATING UNIT shall participate in the citizen participation process as established by COUNTY in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. COOPERATING UNIT shall ccmp!5 .... :+~. n. ~c +~.~ ~:-: ...... ;.,~ ~ ................................ guidc!in~,z cf thc r-~t ..... in ~+ or ~ .......... prcmu :ted COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. COOPERATING UNIT has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. COUNTY further specifically agrees as follows: Ao Bo Eo COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis, all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of t~ ~ request for funding. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing n~ziztancc goals. COUNTY shall, upon official request by COOPERATING UNIT, agree to administer local housing rehabilitation grant programs funded pursuant to the Agreement, provided that COUNTY shall receive Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer for a possible fee other programs and/or activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. COUNTY may, as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives, and administrative requirements of COUNTY. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows: Ao COUNTY shall retain Ten percent (10%) of the annual basic grant amount for the undertaking of eligible activities. The balance of the basic grant amount shall be a:r,^-':~-~d ~i~i~::~i~ii~ ~:::::~g?r m~s ~uon for me pu~ of allowing the COOPE~ ~!~g requests r .~ c~ ~ ~.&G::::~.:~:.:.::...~ . ,zr ,,,c use e. ,an~: :: ap;o,2~nz~. The allocation is for pl~ning only ~d is not a guar~tee of ~nding. Co p'.:'r;e:e:, an amount that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: I. The population of COOPERATING UNIT and the population of all COOPERATING UNITS. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. XI. COOPERATING UNIT EXECUTION COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNIT'S governing body having duly approved this Agreement on , 199, and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement, contract __ CITY OF By: Its And: Its Date; CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B __ Charter U:\COOPAGRE.97kITCOOP.AGR April 23, 1996 3.0 RF~OLUTION NO. 96 - RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS WHEREAS, the City Council of the City of Mound, Minnesota did on February 12, 1991, adopted Resolution No. 91-30 entitled, "Resolution Authorizing City Sponsorship in State Grant-In-Aid Snowmobile Trail Funds"; and WHEREAS, the Department of Natural Resources is requesting that the City again reaffirm its sponsorship of the State grant-in-aid snowmobile trail funds; and WHEREAS, the Southwest Trails Association have requested the City of Mound sponsor grant-in-aid snowmobile trails through the Minnesota Trails Assistance Program. NOW, THEREFORE, BE IT RF_~OLVED by the City Council of the City of Mound, Minnesota, is willing to act as a sponsoring unit of government in applying to the State of Minnesota for the grant-in-aid funds for snowmobile trails that will be maintained by the Southwest Trails Association. BE IT FURTHER RESOLVED, that the City Manager is authorized to apply to the Department of Natural Resources for the Minnesota Trail Assistance Program on behalf of the Southwest Trails Association; and The Mayor and City Manager are hereby authorized to execute and approve contractual agreements for this grant. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-O62O PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 96-18 NOTICE OF A PUBLIC HE~G TO CONSIDER THE VACATION OF A 30 FOOT WIDE PLATTED RIGHT-OF-WAY LOCATED BETWEEN BLOCK 12, LOTS 19-26, 5, 6, & 7, AND BLOCK 14, LOTS 4-17, ARDEN NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, June 11, 1996 to consider the vacation of a 30 foot wide platted right-of-way located between Block 12, Lots 19 - 26, 5, 6, and 7, and Block 14, Lots 4 - 17, all in Arden, as shown below: All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting P3ggy;ta es¢]'ld (/ng Secretary Mailed to affected property owners by May 31, 1996. Published in The Laker May 25, 1996. Posted by May 31, 1996. printed on recycled paper /~'~'~ CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 6, 1996 TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL LINDA STRONG, ACTING CITY CLERK VFW PILLOW FLUFF AND SALE OF POPPIES Kay Otrey of the Mound VFW is applying for the VFW to hold their annual Pillow Fluff Day on Saturday, June 1, 1996 from 8 am until 2 pm in the VFW parking lot. and The VFW will be selling Poppies on May 17 and 18 in various locations around Mound. The two permits need approval by motion. IS printed on recycled paper CITY OF MOUND MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 6, 1996 TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL LINDA STRONG, ACTING CITY CLERK FIRE DEPARTMENT FISH FRY PERMITS The Mound Fire Department will be again holding their 45th annual fish fry on Saturday, June 8, 1996. They have applied for the normal permits: Non-Intoxicating Malt Liquor Set Ups Permit Dance Permit 1s printed on recycled paper BILLS May 14, 1996 Batch Batch 6043 6044 Total Bills $121,859.57 132,385.14 $254,244.71 ,I c' C' C: '~. 0 c' C C, C 0 8 /"" 4 "> ?' = <' C> :" :"' ' J -- . "' \ ~ ~L i J I -_ ! I I I I I I ! ~:: I 8", '¢ '¢" '¢ "" '" ;;: ' "" ~ 2' '" ' '~'' ' ,_J r.~ "'~': t }] ' "'";"" " """"' :' ""~'"'"' ~:' !~ ...... 5 .... 5:°~ ......! ~: '" tH. ~ F- :~ 4~ 2 o ~, ,, ,o o o ~ ,~ ~ o ,, , = ~ ,,, o ,, o ~,t I*. id l%- 0 ~ · 0 t ...... ~,,,~ ........ CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 2, 1996 TO: MAYOR, CITY COUNCIL AND CITY MANAGER SUBJECT: APRIL 1996 MONTHLY REPORT As I sit here writing this report on May 1st, the temperature reads 36 degrees. Later in the day it will get all the way up to 53 degrees! Not all that balmy. We probably will not have a spring this year. That scenario combined with the fact we had one less Saturday's business in April of this year than we had in April of 1995, made for a rather dismal month. We fortunately were able to match almost to the dollar the amount we did in April of 1995. A small victory. Now that the ice has finally gone off the lake, and people can get their boats in the water, things are going to pick up. After 12 years here, I finally decided (since the store has it's feet firmly and financially planted on the ground) to hire two part time employees for two new positions. One person will work four hours each day, Monday through Friday, during the day shift. Business has grown so much here that I cannot do it all. I also hired a "night closer". This is a person who will work every night Monday through Friday. This person will have supervisory responsibility, when Julie and I are not here. Both positions are part time and no benefits are involved. I truly believe this is the best course of direction the Liquor Store needed to take. JK:ls pr~nted on rec¥cled paper CITY OF MOUND Parks Parks Department Monthly Report April 1996 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 With the weather being cold, it has held back the need to mow the parks. We have been able to catch up on some of the repairs needed at the depot building and with some of the play equipment. The tennis courts at Three Points Park and Swenson Park are in the process of being resurfaced. Docks This year, like the previous years, the applications for dock sites has exceeded the availability. The Dock Inspector has been busy reassigning renewals and helping new applicants. Cemetery Due to few burials last winter there is not much work necessary to prepare the Cemetery for Memorial Day. Tree Removal There was one tree trimmed to remove dead branches that were hanging over a private home. Two trees were removed from an access to the commons that were damaged from the ice last winter. JF:jj printe~l on recycled paper CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 9, 1996 TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL GREG SKINNER, PUBLIC WORKS SUPERINTENDENT4~'~ APRIL 1995 REPORT Public Works I met with people from the business district regarding the banners. hanging banners the week of May 13th. We will be We started sweeping this month in between the snow falls. We have had some breakdowns with the sweepers. This slowed us up a bit. We should be done by the end of May or the first week in June. Then we start the street and water main break repairs so the sealcoating can begin. The sealcoating bids were opened April 1 1th. We are waiting for the signed contract to be returned. The bid was under the estimate. I will keep you informed as to the company's work and cost. Curb and sidewalk areas were checked that need work on this spring. A certain percentage of sidewalks are done every year. Most of the repair is along County Road 1 10 and 1 5, where the sidewalk is older. The loader was sent out for repair, we have had trouble with it during the winter, not starting. There are bad bearings that need repair. The trackless was repaired, it had clutch trouble. Now we can sweep the sidewalks. The panel at well //6 was upgraded and roof work was done also. prmted on recycled paper Monthly Report - Public Works May 9, 1996 Page 2 Recycling Day There was a lot of snow piled at Lost Lake, we brought a dozer in to spread it around to melt it prior to the big day. The day went fine, it was very successful. The public was real pleased that the City of Mound organized this special recycling day. Personnel We have interviewed candidates for the public works position. As of this date, we have not hired yet. We are looking at the third week in May before the new person could start. This would put our staff count back to where it was. I have been helping with sweeping, etc. GS:Is MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF APP.,l, 1996 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 4/{~ 4/15 %I~SES I{I_RS H/IRS POlE ~?F A~rDERSEN X }{ ~ 19. O0 3 50 6.50 325. O0 GREG .~aN]DF2R, SON X X 2 19, OO 1 60 g. ~0 390, OO ~ ?AL'L BABB X X 2 19.00 2 50 6.50 }25.00 DAVID BOIrD X X 2 19. OO 2 37 6.50 240.50 5 SCOTT BRYCE X (~ 1 9.50 12 28 6.50 182.00 5 DAVID CARLSON RETItED APRIL 5, lC. 96 6.50 7 J!.~i CASEY X /~E~ 1 9.50 2 40 6.50 260.00 ~ STTCE COLLINS X X 2 19.00 1 29 6.50 188.50 9 ROBERT CRA~YFORD X X 2 19.00 2~ 41 6.5Q 266.50 0 tA.\DY EN%ELHART X X 2 19.00 7 41 6.5(] 266.50 1 ST~rE ERICKSON X X 2 19.00 0 43 7,00 301.00 2 DANIEL GPJ~DY X X 2 19.00 6 51 6.50 331.50 3 KEVIN GRADY X X 2 19.00 0 47 6.50 305.50 4 ERUCE GUSTAFSON X X 2 19.00 3 52 6,50 338.00 X X 2 19.00 0 55 6,75 ~71 ?5 X X 2 19.00 2 30 6.50 195.00 .6 PA? X X 2 19.00 0 43 ~, 50 279.50 X X 2 19.00 1.75 50 6. )0 325.00 .8 J0,k~ !:~R SON [.9 JASON ?t~_A$ X X 2 19.00 2.5 41 6.50 266.50 X X 2 19.00 2.5 40 6.50 260.00 ~_0 J O.%'g K~FI JS X X 2 19.00 3 41 6.50 266.50 22 BRET hq. CCUM X ('~) 1 9.50 0 35 6.50 227.50 23 GREGORy PALM X X 2 . ]g.oo 8 45 6.50 ?~9_50 ~ !!iC~AEL P.~M X X 2 lq. OO ] 44 6.50 786.00 25 TI>~OTA'Y PALM X }{ ~ ]g.o0 3 47 6.50 305.50 26 GREGORY PEDERSON X X 2 19.00 2.5 45 6.50 2q2.50 ~;, ,T-[,n~ T q_~ POU~ER X X 2 19,00 8 41 6.50 966.50. 28 70hi' .RASMUSSEN X X 2 19.00 2 ~ 6.50 227.50 29 RICF-~RD ROGERS X X 2 19.00 2 44 6.50 286,00 30 !i!CFoiEL SAVAGE X X 2 19.00 4 38 6.50 247.00 31 T~EVIN SIPPI~W,L X X 2 19,00 2 31 6.50 201.50 32 RON.~IJ) STAILMAN X (~ 1 9.50 5 27 6.50 175.50 33 BRUCE SVOBODA X X 2 19.00 8 45 6.50 292.50 ;,'_ ~W.~RD VA~rECtI< X X 2 19. O0 2 41 -.6' 50 266.50 3_5~ RICHARD WILLIAMS X X 2 19.00 21.5 37 6.50 240.50 36 ...,.IOTYIY WILLIAMS X X 2 19.00 3 33 6.50 214.50 37 DLk~NIS WOYTCKE X X 2 19. O0 2 60 6.50 390.00 36 32 68 %UIALS 90 80 170 646.00 129¼ 1517 W~ 9,895.'75 170 I~Tf l,~ 646.00 129¼ MAIN~ 1,167.00 %]Y. AL 11.708.75 MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT THIS. ..LAST %HIS YEAR LAST YEAR, ~N'iH OF ~RTI, 199§ MON'~{ MON~ TO DA~ TO DA~ ~. OF C~ 70 61 274 227 ~OUND FI~ · 19 16 69 56 ~G~ 27 17 90 85 ~tNNETONKA BEACH FI~ 0 2 3 4 ~G~ 0 2 5 1 ~INNETRISTA ~ 5 ~ 20 13 ~O~ ~ 2 9 7 mono ~ 8 8 2B 8 ~G~ O ,t 7 9 ;HOREWOOD FI~ O Q Q 2 ~G~ 0 2 3 0 ;PR!NG PARK FI~ ~ 1 10 13 ~.~G~ 7 3 27 26 ~UTUAL AID ~I~ 0 O. 2 2 ~~ O O 1 1 7OTAL FIRE CALLS 33 32 132 98 7OTAL EMERGENCY CALLS 37 29 142 129 Db~CI~ 1 2 6 O · SID~ ~ ~ 16 26 ~s~ 0 0 1 o ;~S & P~~S ]5 7 42 27 ~ 0 2 7 6 ~.~E ~ / FIRE ] l ] 8 59 37 ,~. OF H~ FI~ -. 362 3]4 13~ 1243 - MOUND '~G~ 578 ~26 1879 1757 -- ~ 940 640 3262 3000 F~ O 29 55 97 HTKA BEACH D~G~ 0 33 1~ 32 ~ 0 62 155 119 F~ 117 113 402 326 M ' TR I STA ~.~G~Y 66 45 176 140 ~ 183 158 578 466 F~ 217 174 607 174 ORONO ~G~ 0 ~ 141 233 ~ 217 238 748 407 Fi~ o o o 51 SHOREWOOD m~G~ 0 45 68 0 SP. PARK ~G~ 166 67 601 546 ,. ~ 177 85 7~ 838 ~IRE O O 61 77 - ~ ~D ~g~ 0 0 27 17 T~ O 0 88 94 70TAL DRILL HOURS 170 172.5 685 617.5 7OTAL FIRE HOURS 707 648 2~ 2255 70TAL EMERGENCY HOURS 810 5~ 2992 2720 ~ FIRE & ~G~ ~S 1517 1228 5667 4975 [UTUAL AID RECEIVED 0 0 0 1 IUTUAL AID ~V~N O Q DRILL R~PORT MOUND FIRE DEPARTMENT 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 Hours Training Paid : xcused Pumper Operations Fire Streams & Friction Loss House BurninGs Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances X Unexecused 0 Present / Not Paid Miscellaneous : PERSONNEL 7--%JZ-J.Andersen ~lT--G.Anderson P.Babb D.Boyd ~lT--S.Bryce ~-~J.Casey ~.Collins ~--?--B.Crawford ~--~R.Engelhart ~12-~.Erickson ~--~D.Grady ~_~K.Grady ~TOTAL ,B.Gustafson C.Henderson ~-P.Henry ~_~__~R.Kryck ~_~J.Larson Z.'l'~a.~aas_ _ .~afus J.Nelson B.Niccum .Palm .Palm 7--~L'Palm .Pederson L~L C.Pounder ~;~T Rasmussen ~--I-R Rogers M.Savage K Sipprell ~--~t~--R.$tal. lman- ~-~--~B.Svoboda .Vanecek Williams T Williams ~\t~-D.Woytcke TRAINING OFFICER DRILL REPORT MOUND FIRE DEPARTMENT 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.Andersen 'A-G.Anderson P.Babb ~\~l-D.Boyd ~S.Bryce .Collins .Crawford _~R.Engelhart .Erickson _~D.Grady ~-llT..K.Grady ~ TOTAL ~%~&"-C.Pounder ~l-~---~-T.Rasmussen ~--~-R.Rogers ~.Savage ~q'~-B.Svoboda ~_~E.Vanecek ~%l~-R.Williams 2~l~-T.wimmiams i~.\l~D.Woytcke TRAINING OFFICER J ANDERSEN G ANDESON P BABB D BOYD S BRYCE D CARLSON J CASEY COLLINS CRAWFORD R ENGELHART S. ERICKSON D, GRADY K. GRADY Bo GUSTAFSON C, HENDERSON P, HENRY R. KRYCK J, LARSON J, MAAS MEN ON DUTY TOTAL HOURS ~:~//?'~ R. WILLIAMS ~ T. WILLIAMS ~ D. WOYTCKE J, NAFUS J NELSON B NICCUM G PALM M PALM T PALM G PEDERSON C POUNDER T RASMUSSEN R ROGERS SAVAGE K. SIPPRELL R. STALLMAN B. SVOBODA E. VANECEK TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR APRIL FINANCE DEPARTMENT REPORT Investment Activity Bought: Money Market Money Market Money Market CP CP CP 4M 90,700 First Bank 206,515 Norwest 4 Dain Bosworth 5.33% 120,262 Dain Bosworth 5.35% 330,491 Smith Barney 5.34% 244,991 Matured: Money Market Money Market Money Market CP CP CP CP CP First Bank (115,000) 4 M (120,000) Smith Barney (249) N o rwest 5.56% (190,221 ) Dain Bosworth 5.17% (429,653) Smith Barney 5.19% (253,765) First Bank 5.33% (109,894) First Bank 5.11% (100,130) Balance: : April 30; 1996 Audit The audit of the 1995 City financial activity is almost completed. A report to the City Council will be presented at the May 14, 1995 meeting. Portions of the report will be published in the local newspaper and copies sent to the Government Finance Officers Association for their review as part of the program of Excellence in Financial Reporting. Also a summary of the data with a copy of the report will be sent to the State Auditor for their review. Recvclin_ci A special thanks to the many people who helped to make Mound Spring Cleaning Day on April 27th such a successful event. Again, Joyce Nelson and Greg Skinner did a great job in coordinating the whole affair. Thanks, Joyce. Thanks, Greg. City of Mound Monthly Report Utilities Month of: April 1996 Residential No. of Customers: Water 1,097 Sewer 1,104 Water Used: (in 1,000 gallons) 16,998 Billing: Water $31,019 Sewer $57,745 Recycle $5,173 Total $93,936 122 122 7,356 $5,134 $13,179 $105 $18,418 05/09/96 Utility- 96 Total 1,219 1,226 24,354 $36,153 $7O,924 $5,278 $112,354 Payments: Water $24,880 $4,458 $29,338 Sewer $48,083 $11,71 4 $59,797 Recycle $4,860 $90 $4,950 Total $77,824 $16,261 $94,084 LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Chief Len Harrell Monthly Report for April 1996 The police department responded to 608 calls for service during the month of April. There were 22 Part I offenses reported. Those offenses included 1 robbery, 7 burglaries, 1 aggravated assault, 12 larcenies, and 1 vehicle theft. There were 56 Part II offenses reported. Those offenses included 1 child abuse/neglect, 2 weapons, 4 narcotics, 10 damage to property, 3 liquor law violation, 4 DUI's, 7 simple assaults, 6 domestics (2 with an assaults), 5 harassment, 6 juvenile status offenses, and 8 other offenses. The patrol division issued 131 adult citations and 12 juvenile citations. Parking violations accounted for an additional 27 tickets. Warnings were issued to 125 individuals for a variety of violations. There were 2 adults and 4 juveniles arrested for felonies. There were 15 adults and 10 juveniles arrested for misdemeanors. There were an additional 8 warrant arrests. The department assisted in 6 vehicle accidents, 2 with injuries. There were 39 medical emergencies and 22 animal complaints. Mound assisted other agencies on 15 occasions in April and requested assistance 6 times. Property valued at $18,884 was stolen and $5,261 was recovered in April. I~qo MOUND POLICE DEPARTMENT MONTHLY REPORT - APRIL 1996 II. INVESTIGATIONS The investigators worked on 6 child protection matters and 1 criminal sexual conduct case in April. Other cases included arson, burglary, adult protection, robbery, theft, fleeing a police officer, stalking, snowmobile theft, damage to property, harassment, assault, and absenting. Formal complaints were issued for disorderly conduct and minor consumption, theft, possession of a controlled substance, and violation of a restraining order. III. Personnel/Staffing The department used approximately 46 hours of overtime during the month of April. Officers used 36 hours of comp-time, 2.5 hours of sick time, and 2 holidays. Officers earned 39 hours of comp-time. Officer Sibley resigned effective April 15, 1996. IV. TRAINING All officers attended outdoor firearms training at the Minnetonka Sportsmen's Club. Individual officers attended training in regards to supervision of major disasters, interviewing and interrogation techniques, use of force, and blood borne pathogens, tactical driving, and narcotics investigation and case management. The reserves donated 155.6 hours during the month of April. Community Service Officers Officer Paschke addressed 8 animal complaints, 15 ordinance violations, and 61 miscellaneous calls for service MOUND POLICE DEPARTMENT APRIL 1996 OFFENSES CLEARED EXCEPT- ~ BY ARRESTED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV PART I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 i 0 1 i 0 0 1 i 0 7 1 0 1 0 1 12 0 0 1 1 2 1 0 0 0 0 0 0 0 0 0 0 0 TOTAL PART II CRIMES 22 1 0 4 2 4 Child Abuse/Neglect 1 1 0 0 0 Forgery/NSF Checks 0 0 0 0 0 Criminal Damage to Property 10 0 0 1 0 Weapons 2 0 0 1 1 Narcotic Laws 4 0 0 2 2 Liquor Laws 3 0 0 3 4 DWI 4 0 0 4 4 Simple Assault 7 0 3 0 0 Domestic A~sault 2 0 1 1 1 Domestic (No Assault) 4 0 0 0 0 Harassment 5 0 0 0 0 Juvenile Status Offenses 6 0 1 5 0 Public Peace 0 0 0 0 0 Trespassing 0 0 0 0 0 All Other Offenses 8 0 0 3 3 TOTAL 56 I 5 20 15 10 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Other General Investigations 4 2 0 39 22 15 428 TOTAL 510 HCCP Inspections 5 15 TOTAL 6O8 24 17 14 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT APRIL 1996 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS YEAR TO LAST YEAR MONTH DATE TO DATE 96 227 352 41 167 270 16 88 86 51 222 199 54 251 220 27 315 177 4 12 12 2 8 10 4 23 30 2~ 7 12 0 0 0 3 16 6 22 96 88 4 27 17 10 64 22 22 91 75 56 222 204 39 125 119 22 130 180 15 86 86 428 2,663 2,086 TOT/iL Assists Follow~Ups HCCP Mutual Aid Given Mural Aid Requested 918 4,840 4,251 62 284 266 25 139 129 5 23 11 15 53 55 6 44 48 MOUND POLICE DEPARTMENT APRIL 1996 CITATIONS DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or. Expired DL Restriction on DL Improper, Expired or No Plates 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 ~ULT 4 2 2 6 6 63 1 0 10 0 3 0 5 0 6 0 3 27 1 1 8 3 0 7 158 JUVENI~ 0 2 0 0 0 8 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 12 MOUND POLICE DEPARTMENT APRIL 1996 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor 45 21 9 1 1 9 0 0 6 18 109 8 2 5 0 0 0 0 0 1 0 16 Run: 3-May-96 7:35 PRO03 Primary IS#'s only: No Date Reported range: 03/26/96 - 04/25/96 Activity codes: All Property Status: Property Types: Property Descs: Brands: Models: ALL Officers/Badges: ALL Prop Prop Inc no ISN Pr Tp Desc SN MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Date Rptd Stolen Date Recov'd Quantity Stat Stolen Value Recov'd Value Act Code Brand Model Page Off-1 Off-2 Assnd Assnd A Prop type Totals: B Prop type Totals: 0 Prop type Totals: R Prop type TotaLs: S Prop type Totals: T Prop type Totals: W Prop type TotaLs: X Prop type Totals: Y Prop type Totals: **** Report Totals: 3,500 3,500 1.000 2,251 710 7.000 3,500 0 1.000 1,249 0 2.000 1,119 0 3.000 5,3~ 0 3.000 430 50 5.000 335 0 1.000 1,101 1,001 4.000 18,88/, 5,261 27.000 Run: 3-May-96 7:17 CFS08 Primary ZSN's only: No Date Report~ range: 03/26/96 - 04/25/96 T ange each day: 00:00 - 23:59 How Receive: AlL ity ResuLtS: ALl Dispositions: ALL Officers/Badges: ALL Grids: ALL Patrol Areas: ALL Days of the week: At[ HOUND POLICE DEPART#ENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUHBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 9001 J-SPEEDING 9002 NO D/L, EXPIRED D/L 9012 OPEN BOTTLE 9014 STOP SIGN 9018 EQUIPHENT VIOLATION 9019 J-EQ]PHENT VIOLATION 9021 J-CARELESS/RECKLESS 9022 EXHIBITION DRIVING 9026 OVER THE CENTER LINE 9030 CROSSWALK VIOLATION 9038 ALL OTHER TRAFFIC 9040 9100 9140 9200 9210 9220 NO SEATBELT PARKING/ALL OTHER NO PARKING/WINTER HOURS DAS/DAR/DAC PLATES/NO-IHPROPER-EXPIRED NO INSURANCE/PROOF OF J-NO INSURANCE/PROOF OF CHANGE OF DOMICILE FOUND ANIMALS/IMPOUNDS 63 8 1 6 3 5 1 2 2 1 3 1 2 3 14 13 6 10 6 1 4 1 9312 Page Run: 3-May-96 7:17 CFS08 Primary ISN's on[y: No Date Reported range: 03/26/96 - 04/25/96 Time range each day: 00:00 - 23:59 Ho~ Received: AIL Activity Resulted: AIL Dispositions: AIL Officers/Badges: Grids: Att Patrol Areas: Days of the week: AL[ MOUND POLICE DEPARTMENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9313 FOUND PROPERTY 7 9314 FOUND VEHICLES/IMPOUNDED 1 9430 PERSONAL INJURY ACCIDENTS 1 9440 N/R PERSONAL INJURY ACC. 1 9450 PROPERTY DAMAGE ACCIDENTS 3 9451 H/R PROPERTY DAMAGE ACC. 1 9561 DOG BITE 3 9566 ANIMAL ENFORCEMENT TICKETS 1 9567 DANGEROUS DOG 1 9710 MEDICAL/ASU 3 9720 MEDICAL/DOA 1 97-50 MEDICALS 32 97'51 MEDICALS/DX 1 97~2 MEDICALS/Cl 2 9800 ALL OTHER/UNCLASSIFIED 11 9801 DOMESTIC/NO ASSAULT 4 9802 PUBLIC ASSIST 1 9900 ALL HCCP CASES 5 9904 OPEN DOOR/ALARMS 7 9920 INSPECTIONS DEPARTMENT 8 9930 HANDGUN APPLICATION 6 9950 !NFO/IHT 2 Page Run: 3-May-06 7:17 CFS08 Primary ISN's onty: Date Reported range: each day: Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: ACTIVITY CODE DESCRIPTION NO 03/26/96 ' 04/25/96 00:00 - 23:59 All All ALL All Att Att 9980 WARRANTS 9990 MISC. VIOLATIONS 9992 MUTUAL AID/8100 9993 MUTUAL AID/6500 9994 MUTUAL AID/ ALL OTHER 9996 MUTUAL AID/NARCOTICS ASLT 2'SUBSTANTIAL INJURY'POS FIREARM-UNBRN ASLT 5'MS'INFLICT ATTEMPTS HRM-HANDS-ADLT'FAM A5352 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC A5355 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-ACQ A5356 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-STR A5505 ASLT 5'THRT BODILY HARM-NO WEAP-CHLD-ACQ 83334 BURG 3-UNOCC RES FRC-D-UNK WEAP-COM THEFT 83394 BURG 3-UNOCC RES FRC-U-UNK WEAP-COM THEFT 83494 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-CC)M THEFT 83594 BURG 3-0CC NRES FRC-U-UNK WEAP-COM THEFT 83794 BURG 3-UNOCC NRES FRC-U-UNK WEAP-CC~I THEFT 83834 BURG 3-UNOCC NRES NO FRC-D-UNK WEAP-COM THEFT 83864 BURG 3-UNOCC NRES NO FRC-N-UNK WEAP-COH THEFT DRUGS-SCH 2 NARCOTIC-POSSESS-COCAIN-OTH CHAR E4700 ESC-GM-FLEE AN OFFICER 13060 ~RIM AGNST FAM-MS-NEG~ECT OF A CHILD MOUND POLICE DEPARTMENT Enfors Ca[ts For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS 8 7 I 1 1 1 1 1 1 1 1 1 1 1 2 1 1 Page Run: 3-May-96 7:17 CFS08 Primary ISN's on[y: No Date Reported range: 03/26/96 - 04/25/96 Time range each day: 00:00 - 23:59 How Received: Activity Resulted: Dispositions: Alt Officers/Badges: Grids: ALL Patrol Areas: ALL Days of the week: ALL HOUND POLICE DEPARTHENT Enfors CalLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUHBER OF DESCRIPTION INCIDENTS TRAF-ACCID-HS-DRIVE UNDER INFLUENCE OF LIQUOR TRAFFiC-NS-OTHER TRAF-ACC-HS-AL 10 HORE-UNK INJ-UNK VEH JUVENiLE-USE OF TOBACCO LIQUOR - OTHER JUVENiLE-CURFEW JUVENiLE-RUNAWAY DRUG PARAPHERNALIA-POSSESSION DISTURBING PEACE-FE-STAL[ING-UN[NOWN DISTURB PEACE-NS-HARRASSING COt~HUNICATIONS PROP DAHAGE-GH-PRIVATE-UNK INTENT PROP DAHAGE-GH-BUSINESS-UNK INTENT PROP DAHAGE-NS-PRiVATE-UNK iNTENT PROP DAHAGE-HS-PUBLIC-UNK INTENT J3500 J3900 J3EO0 N3005 N4199 N5313 ~5350 N6501 N1310 N31~0 P2110 P2130 P3110 P31~0 R3156 ROBB-SIHPLE-HIGHWAY-STRONGARH-CHILD-STR THEFT-NORE 2500-FE-NOTOR VEH-HONEY THEFT-501-2500-FE-YARDS-OTH PROP TNEFT-501-2500-FE-HOTOR VEH-OTH PROP THEFT-LESS 200-HS-YARDS-OTHR PROP THEFT-LESS 200-HS-#AILS-OTHER PROP THEFT-LESS 200-#S-HOT~ VEH-OTHER FRAUD-FE-OTHER ACT-UNK LOSS Iw o 1 2 1 3 2 3 2 1 5 1 1 7 1 1 1 1 1 1 1 3 1 TB151 TC059 TC159 TG059 TG069 TG159 U1990 Page Run: 3-May-96 7:17 CFS08 MOUND POLICE DEPARTMENT primary XSNIs only: No ~eported range: 03/26/96 - 04/25/96 each day: 00:00 ~ 23:59 How Received: All Activity Resulted: AtE Oispositions: All Officers/Badges: AlE Grids: ALL Patrol Areas: AlE Days of the week: ALE Enfors Calls For Serv(ce INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS U3497 THEFT-MS-BICYCLE-NO MOTOR-201-500 2 U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS VA021 THEFT-FE-AUTO-MORE THAN 2500 1 ~3190 WEAPONS-MS-USES-OTHER TYPE-NO CHAR 1 ~3940 WEAPONS-MS-OTHER ACT'FIREARM-NO CHAR Page **** Report Totals: 352 Run: 3-#ay-96 ?:20 OFF01 Primary ISN's only: No Date Reported range: 03/26/96 - 04/25/96 Time range each day: 00:00 - 23:59 Dispositions: ALL Activity codes: ALL Officers/Badges: ALL Grids: ALL MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED A2246 A5351 A5352 A5355 A5356 A5505 B3334 B3394 B3494 B3594 B3834 B3864 D3550 E4700 13060 J3500 J3900 J3EO0 M3005 M4199 M5313 M5350 M6501 ASLT 2-SUBSTANTIAL INJURY-POS FIREARM-UNBRN 1 0 1 0 1 0 0 1 100.0 ASLT 5-MS-INFLICT ATTEMPTS HRM-HANDS-ADLT-FAM 2 0 2 0 1 0 1 2 100.0 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC 2 0 2 0 0 0 2 2 100.0 ASLT 5-MS-%NFL%CT BD HRM-HANDS-CHLD-ACG 1 0 1 0 0 0 1 1 100.0 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-STR I 0 1 1 0 0 0 0 0.0 ASLT 5-THRT BOOILY HARM-NO WEAP-CHLD-ACG 3 0 3 3 0 0 0 0 0.0 BURG 3-UNOCC RES FRC-D-UNK WEAP-CON THEFT 1 0 1 1 0 0 0 0 0.0 BURG 3-UNOCC RES FRC-U-UNK WEAP-COH THEFT 1 0 1 1 0 0 0 0 ~ q BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COH THEFT 1 0 1 1 0 0 0 0 0.0 BURG 3-0CC NRES FRC-U-UNK WEAP-CON THEFT 1 1 0 0 0 0 0 0 0.0 BURG 3-UNOCC NRES NO FRC-D-UNK WEAP-COM THEFT 1 0 1 0 0 1 0 1 100.0 BURG 3-UNOCC NRES NO FRC-N-UNK WEAP-CON THEFT 1 0 1 1 0 0 0 0 0.0 DRUGS-SCH 2 NARCOTIC-POSSESS-COCAIN-OTH CHAR 2 0 2 1 1 0 0 1 50.0 ESC-GM-FLEE AN OFFICER 1 0 1 1 0 0 0 0 0.0 CRIM AGNST FAM-MS-NEGLECT OF A CHILD 1 1 0 0 0 0 0 0 0.0 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR 4 0 4 0 4 0 0 4 100.0 TRAFFIC-MS-OTHER 1 0 1 0 1 0 0 1 100.0 TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH 2 0 2 0 2 0 0 2 100.0 JUVENILE-USE OF TOBACCO 1 0 1 0 0 1 0 1 100.0 LIQUOR - OTHER 3 0 3 0 3 0 0 ] 100.0 JUVENILE-CURFEW 2 0 2 0 0 2 0 2 JUVENILE-RUNAWAY 3 0 ~ 0 0 2 1 ~ 100.0 DRUG PARAPHERNALIA-POSSESSION 2 0 2 1 0 1 0 1 50.0 Run: 3-May-96 7:20 OFF01 Primary ISN's only: No Date leportod range: 03/26/¢6 - 04/25/96 each day: 00:00 - 23:59 Dispositions: ALL Activity codes: All Officers/Badges: Grids: ALL ACT ACTIVITY COOE DESCRIPTION N1310 N3190 P2110 P2130 P3110 P3120 R3156 TC059 TC159 TG059 TG069 TG159 U1990 U3497 U3498 VA021 W3190 ~3940 DISTURBING PEACE-FE-STALKING-UNKNOWN DISTURB PEACE-MS-HARRASSING COMMUNICATIONS PROP DAMAGE-GM-PRIVATE-UNK INTENT PROP DAMAGE-GM-BUSINESS-UNK INTENT PROP DAMAGE-MS-PRIVATE-UNK INTENT PROP DAMAGE-MS-PUBLZC-UNK INTENT ROBB-SIMPLE-HIGHWAY-STRONGARM-CHILD-STR THEFT-MORE 2500-FE-MOTOR VEH-MONEY THEFT-501-2500-FE-YARDS-OTH PROP THEFT-501-2500-FE-MOTOR VEH-OTH PROP THEFT-LESS 200-MS-YARDS-OTHR PROP THEFT-LESS 200-NS-MAILS-OTHER PROP THEFT-LESS 200-MS-MOTOR VEH-OTHER FRAUD-FE-OTHER ACT-UNK LOSS THEFT-MS-BICYCLE-NO MOTOR-Z01-500 THEFT-MS-BICYCLE-NO MOTOR-Z00 OR LESS TNEFT-FE-AUTO-NORE THAN 2500 WEAPONS-MS-USES-OTHER TYPE-NO CHAR WEAPONS-MS-OTHER ACT-FIREARM-NO CHAR **** ~eport Totals: MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL ,ADULT JUVENILE BY EX- PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEAREO 1 0 1 1 0 0 0 0 0.0 5 0 5 5 0 0 0 0 0.0 I 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 6 0 6 6 0 0 0 0 0.0 1 0 1 0 0 1 0 1 100.0 1 0 1 0 0 1 0 1 100.0 1 0 1 1 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 1 0 0 0 0 0.0 1 0 1 1 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 2 0 2 1 0 1 0 1 50.0 I 0 I I 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 1 1 0 0 0 0 0.0 69 2 67 38 14 10 5 29 43.2 l ¢3 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: May 9, 1996 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official APRIL 1996 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 36 building permits issued in April for a construction value of $828,170. This included two new dwellings, and one demolition of a single family dwelling. We issued 42 plumbing, mechanical, and miscellanous permits for a total of 78 this month, and 181 year-to-date. PLANNING & ZONING The Planning Commission reviewed ten zoning cases in April, including three variances, four minor subdivisions, one street vacation, one conditional use permit, and one variance extension. Staff is continuing its work on the streamlining of variances. The City Attorney and City Planner are drafting an ordinance amendment to test two variance streamlining methods. COMMUNITY SERVICE OFFICER (CSO) ACTIVITY We currently do not have any CSO's on staff, however, will be interviewing for replacements next week. Additional information is in the Police Department Report. printed on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: APRZL Year: ]§§6 THIS MONTH YEAR TO DATE SINGLE FAMILY DETACHED ]- 0* 69, 000 9 900, 789 SINGLE FAMILY ATTACHED (CONDOS) 2 2 509, 416 4 1, 156 t 516 TWO FAMILYIDUPLEX WBAL~NCE 01' P~.~J~IT, FOUN[ ~TION PERvJ'[T O~ MON%ES REP~ RT. MULTIPLE FAMILY (3 OR MORE UNITS) TRANSIENT HSG. (HOTELS I MOTELS) SUBTOTAL 3 2 658,416 13 2,056,305 ~IEW CONSTRUCTION COMMERCIAL (RETAIL/RESTAURANT) 2 3[0,000 OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL 2 310,000 I I I II I ADDITIONS TO PRINCIPAL BUILDING I 30,000 4 79,860 DETACHED ACCESSORY BUILDINGS 4 32,711 4 32,711 DECKS 4 8,904 5 17 s 904 SWIMMING POOLS REMODEL- MISC RESIDENTIAL 20 89,439 41 185,096 REMODEL- MULTIPLE DWELLINGS SUBTOTAL 29 161,054 55 315,571 COMMERCIAL (RETAIL/RESTAURANTI OFFICE / PROFESSIONAL 1 8, 700 1 8,700 INDUSTRIAL PUBLIC / SCHOOLS DETACHED ACCESSORY BUILDINGS SUBTOTAL 1 8,700 1 8,700 RESIDENTIAL DWELLINGS 1 1 2 NON-RESIDENTIAL BUILDINGS 2 0 3 TOTAL DEMOLITIONS 3 5 # PERMITS # UNITS VALUATION # UNITS VALUATION # PERMITS 36 2 828,170 9 2,690,576 TOTAL * 76 PERMIT COUNT J THIS MONTH J YEAR-TO-DATE 'BUILDING 36 76 FENCES & RETAINING WALLS 3 3 SIGNS 0 3 PLUMmNG 12 46 MECHANICAL 12 32 GRADING 2 2 S&W, STREET EXCAV., FIRE, ETC. 13 19 TOTAL 'J 78 J 181 ~ll~--..--....l..,i ,, ,Ill S .a II il, I 05/OCJ/:l. cjcjE, OC:J: ].5 Ed. 2--47244D5 TOH REESE PAGE 01 LAKE MINNETONKA .CONSERVATIO. N DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 WAYZATA. MINNESOTA 55391 TELEPHONE $12/473-7033 G. Alan Wlllcutt, EXECUTIVE DIRECTOR BOARD MEMBERS Douglas E. Babcock Chair. Tonka Bay Tom Rsesa Vice Ch&ir. Mound Joseph Zwak Secretary, Greenwood RoOe~t Rascop Treasurer, Shoeewoo~ Kent Dahlen Minnelooka Beach Ba~t Foster Deeohavan Gretchen Magllch Mlnnetonka Duane Markue Wayzata Craig Moiler ViCtoria Craig Nelson Spring Park Eugene Parlyka MInnetfie~a Paul Stark Excelsior e~ J. Sue,lb WooOland Orono TO: MOUND CITY COUNCIL DATE: MAY 9, 1996 FROM: TOM REESE, LMCD REPRESENTATIVE SUBJECT: APRIL REPORT - LMCD 1.0 General Items. 1.1 Goose Control. This program did not make the cut for an LCMR grant. Further thought is being given as to what can be done locally. 1.2 The District is seeking to hire a summer student intern to assist in thc PR for thc several high visibility programs that thc District is currently involved in. A promising candidate who is a senior in Communications at St Mary's College is being interviewed. 2.0 Exotic Species Task Force. 2.1 The boat washing pwgram is ready to proceed. The system has been tested and an operator hired, Thc next task is to get sufficient information on the program out so that persons having potentially dangerous boats will take advantage of it. Initially. the washing will take placc at thc County Maintenance station in Orono. 2.2 Plans are proceeding for the 1996 harvesting program. 967 acres have been permitted by the DNR. The late, cool, dark spring coupled with the winter's heavy snow cover on the ice and high water; are all indicators of a Iow growth milfoil season. 3,0 Water Structures 3.1 No significant activity. 4.0 Lake 4.1 No significant activity. $.0 Mound Specific Items 5,1 Chuck Champine of Woodland Point came to the May 8th board mq:tin,,g and was added to the agenda. He came to acquaint the board with MjSund s commons problems, and to see if the LMCD had some other He was told again, what I had told him (and others) previously. Mound Representative - LMCD lc. Al Willcutt, Doug Babcock. RECEIVEB HAY 7 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 pm, Wednesday, May 8, 1996 Tonka Bay City Hall PUBLIC HEARINGB 7:00 A. Fantasia Charters, Inc., Consideration of new beer and wine license applications for the charter boat Fantasia. David and Susan Nalsh, Lower Lake South, Greenwood, Consideration of Variance application for variances from LMCD side setback ~nd dock length requirements and for an adjusted dock use area due to hardship of shallow water. CALL TO ORDER ROLL C~LL CHAIR ~/~NOUNCEMENTS, Chair Babcock READING OF MINUTES- 4/24/96 Regular Board Meeting PUBLIC COMMENTS- Persons in attendance, subjects not on agenda (5 min) CONSENT AGENDA- Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests a discussion of any item, in which case the item will be removed from the consent agenda. 1. LAKE USE & RECREATION Discussion and Consideration of the new beer and wine license public hearing for Fantasia Charters, Inc.; *B. Hennepin County Sheriff's Water Patrol Significant Activity Report; C. Discussion on Public Officials lake inspection tour; D. Additional Business; ~FATER STRUCTURES A. David and Susan Walsh, Discussion on Variance application Public Hearing from LMCD side setback and dock length requirements and for an adjusted dock use area; *B. Driftwood Shores HOA, staff recommending approval of 1996 renewal w/o change multiple dock license application; C. Additional Business; EWM/EXOTICS TASKFORCE RFP for chemical control of Eurasian water milfoil on seven public accesses, staff recommending Board approval to award contract to Lake Management, Inc. for the amount of $3,614.75; B. Zebra Mussel sprayer Operator, Update on plan for hiring; C. Additional Business; 4. SAVE THE LAKE ADVISORY COMMITTEE *A. Minutes of the 5/2/96 meeting (handout); B. Review of 1996 proposed budget; 5/2/96 meeting report; D. Additional Business; $. ADMINISTRATION A. Review of proposed LMCD Purchase Order system; B. Additional Business; 6. FINANCIAL A. Audit of vouchers for payment (handout); B. Review of 1995 Draft Audit and Management letter; C. Additional Business; 7. EXECUTIVE DIRECTOR REPORT 8. NEW BUSINESS 9. ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRIC] BOARD OF DIRECTORS 7:00 p.m., Wednesday, April 24, 1996 Tonka Bay City Hall DRAFT ..CALL TO ORDER Chair Babcock called the meeting to order at 7:00 p.m. ROL__Q_L_.~._~ALL Members present: Gene pai'tyka, Minnetrista; Tom Reese, Mound; Bert Foster, Deephaven; Doug Babcock, Tonka Bay; Joseph Zwak, Greenwood; Kent Dahlen, Minnetonka Beach; Craig Nelson, Spring Park; Gretchen Maglich, Minnetonka; Herb Suerth, Woodland; Paul Stark, Excelsior; Robert Rascop, Shorewood. Also present:: G. Alan Willcutt, Executive Director; Charles LeFevere, LMCD Counsel; Gregory Nybeck, Administrative Technician. Members absent: Duane Markus, Wayzata; Craig Mollet, Victoria. Orono has no appointed member. CHAIR ANNOUNCEMENTS There were no chair announcements. READING OF ~ - 4/10/96 REGULAR BOARD MEETING Foster moved, Reese seconded to approve the minutes of the regular meeting of 4/10/96 as amended: Nelson noted Craig was spelled incorrectly; Willcutt noted the figures on Page 9 were misrepresented and should be $29,954; Babcock clarified on Page 6, staff has "already" been given a directive by the Board. Ayes (10), Abstained (1, Rascop); Motion carded. PUBLIC COMMENTS There were no public comments from the audience on items not on the agenda. CONSENT AGENDA Foster moved, Partyka seconded to approve the consent agenda as submitted. Motion carried unanimously. (Approved agenda items include: Item lB, Minnetonka Yacht Club [Carsons Bay], staff recommending approval of 1996 renewal without change multiple dock license application; Item lC, West Point Place HOA, staff recommending approval of 1996 renewal without change multiple dock license application; 1E, Big Island Veterans Camp, staff recommending approval of 1996 renewal without change multiple dock license application). Lake Minnetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 2 LAKE USE AND RECREATION A. Claycliffe HOA, minor change application to renumber slips//1-5 and adjust the widths of slips #2, 6, and 9, approved in 1995 site plan, as outlined in 4/17/96 staff memo. Babcock stated the main issue is whether the changes should be treated as a minor change or should be required to apply for a new multiple dock license. He added the applicant is a conforming structure. MOTION: Foster moved, Partyka seconded to approve the minor change application for 1996 to renumber slips #1-5 and adjust the widths of slips #2, 6, and 9, approved in 1995 site plan, as outlined in 4/17/96 staff memo. VOTE: Motion carried unanimously. De Tonka Bay Marina, Request made by DNR and Tonka Bay marina for LMCD to not count two boats to be stored at the marina in conjunction with a creel survey to be conducted by the DNR on Lake Minnetonka from around May 11 through October 29. MOTION: Foster moved, Partyka seconded to approve the request made by Tonka Bay Marina and the DNR. Foster provided a friendly amendment to the motion to allow the same two creel boats to be stored at any marina on the lake during the 1996 boating season and not be counted against that marina's BSU's. Partyka agreed to this amendment. LeFevere stated he felt a Code amendment is the best means to accomplish this request. It would outline the conditions in which this request could be done. Babcock expressed concern with the amendment because the DNR did not specifically request this. He' stated he felt it is premature to make this lakewide. LeFevere stated it would be a good idea to have the DNR keep LMCD staff advised of where the two creel beats will be parked. VOTE: Ayes (10); Nays (I, Babcock); Motion carried. Lake Minnetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 3 F. Additional Business There was no additional business. EWM/EXOTICS TASK FORCE A. 4/12/96 meeting was canceled. B. 1996 Milfoil Harvest Plans *Review of season *Proposed budget *Employment of project manager *Hennepin County Harvester Contract Agreement Willcutt stated Nybeck will be assuming much of the responsibilities for the milfoil harvest program in 1996. He added Norm Paurus is willing to serve as Project Manager but would like to cut back his hours. He noted staff is recommending the hiring of Paurus at a rate of $25 per hour. Nybeck provided a summary of staff time spent to date on this project. He reviewed a summary report for 1996 and noted DNR permits have been approved. A copy of the 1996 proposed EWM budget was included for Board review. He concluded by recommending Board approval of Paurus as Project Manager. Reese suggested another person be recruited to work with Paurus for the possibility of becoming Project Manager in the near future. Nybeck stated the majority responsibility of Paurus in 1995 was the overall supervision of the EWM harvesting program. In 1996, he noted staff intends to utilize Paurus but would like to delegate more responsibility to Todd Grams, EWM Supervisor in 1995. He added since the LMCD is currently fully staffed, the Administrative Technician position will become more involved in the daily operation of the EWlVl harvesting program in 1996. Reese stated he wanted to assure continuity with the program in 1996 and beyond. Nybeck noted Paurus will be involved in the overall planning and the daily startups. He added staff maintains that Grams acquired considerable knowledge from Paurus in 1995. l~ke Minnetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 4 Reese believed a realistic goal of the EWM harvesting season is to maximize the uptime of the harvesters. Foster discussed the idea of using a high school teacher from an industrial arts department to run the program who is familiar with how the equipment operates. This individual could handpick students who would work for him. He believed it would be a benefit to the program. Foster stated he has been contacted by the Inland Lake Yachting Association who will be holding yachting championships on Lake Minnetonka in August. He noted they have asked to have the weeds on Diamond Reef cut prior to this event. He stated he felt a substantial amount of time needs to be spent in this area. Reese suggested funds from the association should be donated for such a service. MOTION: Foster moved, Stark seconded to direct staff to do whatever needs to be done to keep Diamond Reef free of milfoil prior to the event. Reese stated he is concerned with the intent of the motion. He noted this organization's members are not all residents and have not done anything to contribute to the program. He did not think this should be a high priority but noted it should be done time permitting. Foster disagreed stating the sailors on Lake Minnetonka represent a majority of the users of Lake Minnetonka. He noted the vast majority of the members of the organization live on the lake in one of the 14-member cities. Suerth stated he would like to accommodate this group, but he expressed concern with the amount of time spent to clear this area. Maglich suggested a friendly amendment to the motion stating staff will try to accommodate the group. Foster and Stark agreed to the friendly amendment. VOTE: Motion carried unanimously. MOTION: Nelson moved, Reese seconded to approve the proposed budget, to approve the hiring of Norm Paurus as Project Manager at $25 per hour, to approve the hiring of Todd Grams as PrOJect Supervisor, and to dir{ .:t staff to research the idea of the replacement of Paurus in the future. /0,6,3 Lake Minnetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 5 Ce VOTE: Motion carried unanimously. Zebra Mussel Sprayer Operator, Review of job description and plan for the hiring. Willcutt noted staff has prepared a job description and plan to him this position. He noted tim~ is of the essence in getting this position hired. He outlined the trouble of hiring a teacher through Grams for this position. He suggested the hiring of this position through a university department with proper knowledge for this position. He suggested a retainer situation, with hours and pay to be determined, be established to keep this individual(s) on call. Rascop asked if this position is reflected in the budget? Nybeck replied this position is not but funds are available through the Contingency/Zebra Mussel Education expense in 1996. Babcock asked why this person would need to be on call when we are aware of special events thirty days in advance? Nybeck stated if we strictly plan on spraying boas on the day of the event, the infestation may have already been done. He noted participants in these special events often scout the lake a week or two well in advance of the fishing contest. Babcock suggested contracting with a marina to provide the service to the boats participating in the fishing contests. Reese did not understand why the sponsor cannot provide the LMCD with information on number of and time when boats arrive for the fishing contests. Babcock suggested setting up predetermined times when this service would be available. Reese stated he believed this is an administrative issue which should be handled by LMCD staff. Foster expressed concern about paying on call money. Nelson suggested giving out stickers to boats which have been washed. He added if boats do not have this sticker, they should not be allowed to participate Lake Minnctonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 6 D® Suerth stated this would be logistically impossible given the fact some events draw close to 1000 boats. MOTION: Nelson moved, Partyka seconded to. direct staff to hire this position(s) for up to $5,000 of salaries. Suerth stated he was confused about fishing contest entry fees and where it is spent? Foster replied it is used for prim money. Suerth suggested having the fishing contests add a nominal fee to the entrance fees to defray the costs of the boat washing program. Maglich discussed the position description and stated it should indicate who this person reports to and whether or not anyone reports to them. She suggested knowledge, skills and abilities should be added to it. Details such as education, public relation skills, and mechanical training would be appropriate. She expressed concern regarding the ADA requirement and if someone with a disability could perform this job. Babcock suggested Maglich communicate with Willcutt on how to incorporate these ideas in the position description. VOTE: Motion carried unanimously. Additional Business There was no additional business. e LAKE A. USE & RECREATION Aerial Boat Count Survey Willcutt noted at the 4/10/96 Board meeting, staff was directed to pursue a contractual agreement with Schoell and Madsen, in conjunction with the DNR, for the 1996 aerial boat count survey. He noted a meeting has been scheduled with the DNR and Schoell and Madsen on 4/30/96 to finalize the details. Willcutt Lake Minnetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 7 e reviewed the four bids received based on the RFP's. Rascop added the LMCD and the DNR evaluated the four bids received to qualify or disqualify them. He noted staff decided to pursue a contract with the second lowest bid. Reese expressed concern in that a bid process was established, the expenditure is over $25,000, and the low bid is not awarded the project. LeFevere noted in this case, the LMCD defined the project and the bidders submitted bids on what they projected the costs to be. He noted the specifications were general in this project. Rascop noted specifications were available at the LMCD office in great detail. LeFevere noted since the low bidder in this case has never done a project similar to this, he felt this is sufficient grounds to disqualify them. He asked Willcutt if dollar figures were only submitted or if dollars and scope of work were presented? Willcutt noted time, dollar amount, and scope of work was submitted for all four proposals. LeFevere noted based on this, the general practice is to award the lowest responsible bidder the project. Based on discussions, it appears as though it was determined the lowest bidder was determined to not be responsible. Focus Group Report - Bert Foster Foster stated he attended the Sheriff's workshop and focus group report. He noted the meeting was well run and successful in that the Water Patrol solicited the public comments in long term planning. A. LMCD Staff Group Insurance Plan Proposal Babcock stated two issues need to be resolved. They are: 1) approve Medica MC Select Plan 47550, and 2) to determine reimbursement policy to LMCD employees. He noted staff recommends approval of the health care plan outlined in the staff memo. Additionally, staff is recommending a health care policy Lake Minnetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 8 change to 100% reimbursement for single employees and 2/3 reimbursement for employees with dependents similar to Tonka Bay. Stark stated he felt this should be brought up at contract or budget time since this is actually a wage increase for the Executive Director. Suerth stated the City of Woodland has given specific direction regarding this topic. He noted they have concerns with other employees getting married and the additional costs for insurance associated with increased premiums. LeFevere stated the personnel policy provides for certain insurance coverage unless an employment contract provides something different. He noted in his experience adjusted benefits different than the personnel policy is common for positions such as Executive Director. Nelson agreed with the idea this is a part of compensation and should be treated as such. He asked staff wi:at is being spent fight now? Nybeck stated approximately $441.00 per month is being spent right now for all three employees. He noted with the policy change as recommended, it would increase this expenditure to $489.69 per month. Babcock stated he is in favor of approving the MC Select Plan 47550 tonight under current policy. He suggested approval of this plan with the recommended policy change brought back to the member cities for comment. Zwak noted the City of Greenwood would accept the 2/3 reimbursement to LMCD employees as proposed. Foster noted the City of Deephaven does not agree with any payment for family health care coverage. Babcock stated he betleved a policy change should be inclusive of all LMCD employees. If this policy change is the desired course of action by the Board, he maintained the member cities should be allowed to comment on it. MOTION: Partyka moved, Foster seconded to approve the Medica MC Select Plan 47550. Maglich stated she felt the two requests by staff work hand-in-hand. She added Lake Minnetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 9 in her experience, the policy change recommended is pretty generous. She added she felt it is not fair to survey othtr cities since the LMCD is unique. She concluded she would support both staff recommendations. VOTE: Motion carried unanimously. Nelson asked what the effective date of this plan will be9. Willcutt replied it would be as early as May 1. Partyka believed if the health policy is changed, it should go back to all the cities for their review. If it does not, he believed it should be discussed as part of negotiations with Willcutt when his contract expires. Zwak stated the policy change question arose at least three months ago. He added at this time, Board members were encouraged to bring the policy change issue back to their respective cities for their discussion. He questioned why this should go back to member cities since Board members have had plenty of time to discuss the policy change. MOTION: Zwak moved, Rascop seconded to approve a personnel policy change to pay full coverage for individual employees and 2/3 total employee health care dependent coverage. Nelson stated he believed in the policy change for the Executive Director but not necessarily for the LMCD staff. Partyka stated if the Board desires to change the personnel policy, he believed the cities should review the change. If the policy stays the same, he believed action on the health insurance could be taken this evening. AMENDED MOTION: Babcock moved, Foster seconded to delay action on a change to the personnel policy for thirty days pending members cities' review. AMENDED VOTE: Ayes (9); Nays (2, Suerth and Reese); Amended motion carried. Lake Minnetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 10 MOTION: Foster moved, Babcock seconded to change the personnel policy to apply only to the Executive Director's compensation. Babcock stated he is not in favor of the amended motion because family health insurance coverage is essential to keeping staff in the office. AME~ VOTE: Ayes (5); Nays (6, Maglich, Zwak, Nelson, Reese, Babcock and Rascop); Amended motion failed. LeFevere suggested the policy change be made effective on a specific date. The Board decided the policy change, if not rescinded, be effective June 1, 1996. VOTE ON ORIGINAL MOTION: Ayes (5); Nays (6, Foster, Stark, Dahlen, Partyka, Babcock, and Suerth); Motion failed. MOTION: Foster moved, Partyka seconded to direct Chair Babcock to discuss with the previous Board Chair Johnstone regarding whether there were discussions about a six month review regarding Willcutt's performance.. Be VOTE: Motion carried unanimously. Report on Purchase Order System will be made at the 5/8/96 Meeting. Additional Business There was no additional business. A. Audit of vouchers for payment Rascop reviewed the proposed list of checks. He noted the audit of vouchers list was not included in the packet. He directed staff to include this in the 5/8/96 Board packet. Lake Minnetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 11 B.' March f'mancial sa~mmary and balance sheet. Rascop reviewed the 3/31/96 balance sheet as submitted. MOTION: Rascop moved, Maglich seconded to approve the 3/31/96 financial summary and balance sheet. VOTE: Motion carried unanimously. C. Review of 1995 Draft Audit. Rascop stated the draft audit for 1995 has been submitted but noted a management letter has not been drafted yet. He asked Mark Babcock of Babcock, Langbein and Company to present the draft audit. Babcock reviewed the draft audit in detail. He encouraged questions from the Board regarding the audit. Foster suggested the funds in dispute with Spring Park should be footnoted in the audit. Nelson asked when the final audit would be available to the Board? LeFevere stated if the Board does not see any substantial changes, it could approve the draft audit tonight. Rascop asked for clarification on the differences in the "Save the Lake" fund balances on pages 11 and 13. Babcock stated he would review these figures. Babcock stated the management letter and final audit would be presented at the 5/8/96 Board meeting. D. Additional Business There was no additional business. EXECUTIVE DIRECTOR REPORT Lake Mirmetonka Conservation District Regular Board of Directors Meeting April 24, 1996 Page 12 Willcutt reported on the following.' ..Car and Boat Trailer Count Survey~ He stated the crappie tournament is scheduled for Saturday, May 4. He noted the LMCD has in the past conducted a survey of car and boat trailers. He asked for authorization to contract to have this done. MOTION: Reese moved, Suerth seconded to authorize Willcutt to contract with Clear Air, Inc. to conduct the car and boat trailer count. VOTE: Motion carried unanimously. ~ He reported all 14 communities are participating in this program. ..Public Relations Intern: He reported a job description was sent to Kristi Dunn at the U of M to post on the job board regarding this position. Life Jacket Regulations: He reported the change in regulations would be explained in a news release in local newspapers. NEW BUSINF~S Maxwell Bay Launching Ramp- Bay public access. Foster asked Jabbour for an update on the Maxwell Jabbour noted all the commercial and residential property adjacent to Lakeside Marina has been purchased by the DNR. He added Minnesota Pollution Control Agency (MPCA) is currently conducting soil sampling in these sites. He noted the site and access plans have been reviewed and approved by the City of Orono. He noted once completed, between 76 and 81 parking spaces will be available in the lot. ADJOURNM'ENT There being no further business, Chair Babcock adjourned the meeting at 9:35 p.m. Doug Babcock, Chair Joe Zwak, Secretary LAKE MINNETONKA CONSERVATION DISTRICT RECEIVED LAKE ~ CONSERVATION DISTRICT EXOTIC/EAW Task Force Meeting Notice and Agenda 7 19§§ 8:30 A.M., Friday, May 10, 1996 Norwest Bank Bldg., Conference Rm. 160, Wayzata 1. Introduction and welcome; 2. Review, accept minutes of the March 8, 1996 meeting; 3. DNR report - DNR representative; 4. U. of M. report - Dr. Ray Newman; Update on special projects: * Zebra Mussel; * Phosphorous -Free Fertilizer; 6. Additional agency/association reports; 7. Other business; 8. Adjournment. Enclosed Informational items: a. 1996 EWM program - update b. "On the Water Front" - DNR c. MCWD news release d. Mound - news letter, phosphorus free fertilizer e. Excelsior - news letter, phosphorus free fertilizer f. Boat Washing Instructions PARK AND OPEN SPACE COMMISSION MINUTES OF A MEETING APRIl, 11, 1996 Present were: Chair Tom Casey, Commissioners Marilyn Byrnes, Peter Meyer, Janis Geffre, Mary Goode, Rita Pederson, and Bev Botko, Council Representative Andrea Ahrens, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. Commissioner Bill Darling was absent and excused. The following persons were also in attendance: none. MINUTES Meyer requested a change on the Minutes of March 14, 1996 on page two, fourth to the last paragraph, as follows: "Piepkorn estimated that every addition week added to the parks program would cost about $2,000 per week. Meyer summarized that ~';~*^--;~"-. *~, ~,_,.,., .... ,,,~,,,.,*'~"* ~,,,~n .~.~ ,n~.~ ,,,,v o ~ .... in past years the beach/lifeg___ uard program ran from Memorial Day to Labor Day, and the summer parks program use to go 8 weeks, 5 days per week, or 40 days. Last year the summer parks program ran only 5 weeks, 4 days per week, or 20 days, which is a reduction of 50% in just a 7ears. Option #1 is the program they had last year. Motion made by Byrnes, seconded by Botko to approve the Minutes of the March 14, 1996 Park and Open Space Commission Meeting, as amended. Motion carried unanimously. AGENDA CHANGES Meyer confirmed that the Recreational Skating Proposal which is going to be reviewed by the City Council at their next COW meeting will be reviewed by the Park Commission during discussion of the 1997 Budget. Meyer requested they add to the agenda discussion on Community Skating Rink Sign. Meyer requested they add to the agenda discussion regarding a possible second set of buoys around the swimming beach at Mound Bay Park. Meyer requested they add to the agenda an update on the Commons Task Force proposed multiple dock at Pembroke Park. Park and Open Space Commission Minutes April 11, 1996 1997 PARKS BUDGET Parks Director, Jim Fackler explained that he reviewed the top six items being reviewed for the 1997 Budget and responded to each. 1. Installation of general use ice skating rink next to the Pond Ice Arena. The Parks Director explained that this proposal is being looked at by a group of concerned citizens who will be providing a request to the City Council on April 16, 1994. The budget process, and when cuts are made, was discussed. It was questioned if the Park Commission can be consulted before budget cuts are considered. Ahrens explained that last year they had only a one or two weeks notice in December that they needed to cut the budget by $30,000. Meyer referred to the copy of the "Proposal for Installation of Recreation Ice Skating Rinks" and noted that it is just for their information and that this will be reviewed by the City Council on April 16, 1996. Ahrens suggested that the Park Commission make a recommendation regarding this proposal. Meyer stated that this is what the Park Commission has been requesting for over two years. The Park Commission took time out to read the proposal. Meyer referred to page 26 of the proposal which is a letter to Chief Harrell from Peter C. Meyer and noted that Chief Harrell had expressed a concern about #3 which states, "Citizens already park in this area during high school football and hockey games and do not get tagged." Meyer confirmed that this was his assumption, and Chief Harrell confirmed that they do enforce this and people do get tagged. Byrnes asked if any of the other people or groups who are showing support for this rink are willing to give any money. Meyer confirmed that they are not. Meyer emphasized that of 21 communities in the area, 15 or 16 have community rinks, and many cities also have warming houses and attendants. These other community rinks are all managed and maintained by the City, not by the school. Meyer noted that they will be approaching other individuals and groups such as the Lions, Jaycees, and the City of Minnetrista for financial support. Meyer confirmed that he will be providing line item costs for the Council at the COW meeting. Pederson referred to packet page 14 which is a letter from the Director of the Westonka Area Chamber of Commerce and asked if "support the concept" means financial support? Meyer confirmed that he will be sending them a plan, but they have not committed to any financial support. Park and Open Space Commission Minutes April 1I, I996 Byrnes asked if this is how we want our tax money used. Meyer noted that according to the survey there is a need and an interest, the need is there. He agreed that it is a big commitment, and substantial money, but maybe they need to change priorities and fund this before we fund other things. He emphasized that it would be a big benefit to the community. Pederson stated that she did not realize that by requesting more money, it would increase taxes. Where the money comes from was discussed. The Parks Director explained that they do not have the money yet, they need to request that it be included in the 1997 budget. Faclder questioned a statement made within the letter from Sandy Wing on page 6, 1st paragraph, which states "that the City Council has voted "no" to creating a recreational family ice rink". Fackler noted that the Council has not specifically denied such a proposal. Meyer commented that he believes Sandy Wing was referring to when the City Council cut the money in the 1996 proposed budget for the skating rinks. MOTION by Goode to advise the City Council that the Park Commission endorses the "Proposal for Installation of Recreational Ice Skating Rinks" as it is a priority recommendation for any discretionary budget in the 1997 fiscal year. Motion seconded by Meyer. Meyer clarified that the proposal asks for $3,200 to be given this year, 1996. Meyer noted that the cost to the City would be approximately $10,000 per year to maintain the rinks. Fackler confirmed that the proposal includes that the City continue to maintain the existing three rinks at Philbrook Park, Three Points Park, and Doone Park, and to maintain lighting and minimum maintenance at a rink on the lake in front of Mound Bay Park, and a community rink behind the pond arena with warming house attendants. Ahrens expressed a concern about asking the Park Commission to vote on a proposal without knowing the exact numbers/costs. Meyer confirmed the following: ONE TIME CHARGE (START-UP) EXCAVATION/BERMING ............................... $3,000 RE-SEEDING ......................................... 200 CABINET IN WARMING HOUSE FOR MEDICAL SUPPLIES ....... donated FIRST AID KIT ..................................... donated CLEANING SUPPLIES ................................ donated SNOW BLOWER .................................... donated BENCHES/PICNIC TABLES ............................. donated RESURFACING EQUIPMENT ............................ donated SIGNS ........................................... donated ENTRY POSTS AND CHAINS ........................... donated ADDITIONAL LIGHTING .............................. donated 3 1(,,'7 ~ Park and Open Space Commission Minutes April 11, 1996 ANNUAL COSTS: INSURANCE/GENERAL LIABILITY RIDER: City to be primary liability holder, school district will work out an agreement that the City will be the primary and the School the secondary liability holders. Cost estimated at .......... $100/season ONGOING COSTS AND FUTURE NEEDS: PAINTING THE HOCKEY BOARDS AND WARMING HOUSE donated 1st 2 yrs RESURFACING EQUIPMENT ................. work with City to develop UTILITIES ..................................... approx. $300 MEDICAL SUPPLY RESTOCKING ................. $50 or get donated ADMINISTRATIVE, RESURFACING AND ATTENDANT WAGES . $10,000/yr* *Meyer summarized the breakdown of the Administrative, Resurfacing and Attendant Wages. The attendant wages were estimated at 9 weeks x 57 hours @ $6.00/hour for a total of $3,400. Resurfacing costs were estimated with staff time for $20 per hour, 4 hours per day, 5 days per week for 9 weeks at $3,600, with a second option of the same at 7 days per week at $5,040. Administrative costs were estimated at $1,000. Administrative work includes hiring, scheduling, management, development of workshop for attendants, etc. The City is to act as the Administrator of the program. Meyer emphasized that this is consistent with other cities and how their programs are operated, however, we would have the benefit of having heated indoor bathrooms, vending machines and a telephone always available to skaters at the Pond Arena. Fackler suggested that when there are high school hockey tournaments they may not allow skaters to come inside the Pond Arena to use the facilities. Fackler become bearing expressed a concern about how this program will operate in the future and if it will the sole obligation of the City to support the program. He is concerned about he City the full expense and liability. Ahrens questioned Meyer if he had any estimated costs for the fink proposed to be located on the lake in front of Mound Bay Park. Meyer explained that he would expect minor maintenance, such as snow plowing, and when there is time, the resurfacing equipment could be used. Ahrens asked if all responsibility would fall on the City and asked if additional staff would be needed. Fackler commented that originally, the plan was to eliminate the existing three small rinks and utilize that staff gained for the new fink. But now with the continuation of the three existing rinks, the fink at Mound Bay Park and the rink behind the Pond, there would be a concern about staff time. Sharing the fink with the Hockey Association was discussed. Meyer confirmed that the proposal is to have a community fink like Wayzata's, one large open skating fink and a area only for hockey; open skating would be 2/3, hockey would be 1/3. He stated that they could possibly get help from the Hockey Association to do resurfacing, when they have volunteers. Meyer stressed that the Hockey Association has already donated the warming house which cost about 4 Park and Open Space Commission Minutes April 11, 1996 $6,000, and they also donate the facilities available within the Pond Arena. The hockey boards will be provided by the Hockey Association. The Hockey Association will use the entire rink Monday through Friday from 6:00-9:00 p.m. It was noted that ice-time at the Pond Arena costs $110 per hour, and the ice-time would be free at the proposed community fink. It was confirmed that the attendants would be employees of the City of Mound. Meyer confirmed that the School District's involvement is the donation of the land. Concern was expressed that the cooperation is uneven. Meyer noted that last year the Hockey Association put $10,000 into the fink, and Mound contributed nothing. Goode commented that Mound does not have land for a fink. Fackler commented that the plans for the Lost Lake property includes an outdoor recreational skating fink, and this could be implemented as early as two years from now. Geffre asked what does Mound want to do with their city. It was suggested that the City commit for one year, and then the budget would need to be reviewed each year thereafter. Ahrens commented that once you have committed to a new program, it is hard to take it away. Ahrens asked if the Hockey Association would be willing to pay for ice-time to use the fink. Meyer stated that they could ask them. Jim Fackler noted that they will need some type of agreement between the School and the Hockey Association to determine who will be responsible for what. Meyer stated that it will be the City's responsibility to design, develop and maintain, the fink, and the City's responsibility to coordinate with the Hockey Association and School who will do what. Meyer suggested that the City could meet with the Facilities Committee, and maybe all four bodies should meet and agree on concerns. Meyer noted that they need to yet present their proposal to the School Board. Goode reiterated her motion to be that the Park Commission endorses the recommendation as submitted to be taken to the City Council, including the request that $3,200 be allocated this year for landscaping. Meyer emphasized the benefits of establishing a community fink, as proposed. The rink would be centrally located, it is adjacent to businesses, away from traffic, is a sheltered location, last year there were no complaints from the neighbors, it is a natural activity to be offered at the community center, other uses at the nearby community center include Early Childhood Family Education, Special Education, Senior Center, WeCan, and others, located only two blocks from Grandview Middle School, the location will not infringe on other programs offered by the City or the School, the Pond Arena is a hub for the Hockey Association, the site could be used for other summer recreational uses like volleyball, and quality skating facilities provide positive 5 / 6~'7'7 Park and Open Space Commission Minutes April 11, 1996 reflection to visitor's of Mound. Casey commented that it is a good proposal, and recognized that a lot of work went into the proposal, but he would hope to get more cooperation from other groups. He also stated that he would be willing to look into other methods of funding, such as a vote or bond. Pederson commented that she would like to see more participation from other people, more of a joint effort. Ahrens commented that she would be glad to see that the proposal also taken to the City of Minnetrista because a fair number of hockey families live in Minnetrista. Ahrens stated that she will abstain to this motion as she will always abstain on Park Commission recommendations made to the City Council. Byrnes questioned how important it is to continued the three existing rinks. She suggested that they get support from the business community and noted that the City does not have the manpower to maintain on the rinks and would rather see one good rink. Meyer emphasized that the three small existing rinks serve an important need to the community, they especially serve kids seven years of age and under at a minimal cost. Casey agrees that the community needs outside attractions that you do not have to walk across town for. Motion carried 7 - 0 - 1. Those in favor were: Goode, Casey, Byrnes, Geffre, Meyer, Botko, and Pederson. Ahrens abstained. Casey referred improvements, limits." to #4 on the list, "Install Nature Conservation Area (NCA) signs, do passive identify all parcels of open land both for public and private use within the city Casey moved that $4,500 be used to identify additional public and private parcels of land for possibility of inclusion in the park and open space system. Casey commented that there is $4,500 proposed to be budgeted for 1997, and in addition to signs, he would like the money allocated towards identifying open private spaces in Mound. This could identify parcels of land, such as Pelican Point that is now being developed. Motion failed due to lack of a second. Geffre commented that nothing has been done for the existing NCA's but signage, and she suggested they look for ideas when the tour the French Creek Park Reserve for potential passive improvements. The Commission members realized that they were unaware that signs had already been made for the NCA's and it is not their intention to have more signs made. 6 Park and Open Space Commission Minutes April 1I, 1996 Relating to #6, "encourage Indian heritage and recognize burial mounds," Ahrens commented that the City has no jurisdiction on private property. Meyer asked if they should have another workshop.9 MOTION by Goode to recommend that $4,500 be budget in 1997 for//2, "restore summer parks program to five days a week for eight weeks. It was questioned if a recommendation was needed yet. Jim Fackler noted that he needs a recommendation before June. Motion was withdrawn. Bike stands were discussed. Benefits of bike stands are that they encourage park usage, encourage bike safety, and keeps bikes out of the way. Fackler noted that he has a catalog that shows bike stands, and he questioned where they would like them to be located. It was suggested that item g9, "install baseball field at Shirley Hills park" be removed from the list since this it is school property. 1996 ANNUAL PARKS TOUR (APRIL 30, 1996, 6:30 pM): DISCUSS LOCATIONS TO TOUR The tour was confirmed to be held on Tuesday, April 30th at 6:30 p.m. French Creek Park Reserve and Pembroke Park will be visited. Pembroke Park is where the Commons Task Force has proposed to erect a multiple dock system. Other possible areas to visit were discussed. Meyer noted that Orono Park Commissioner, Sue Wilson, has offered to guide them on their tour of French Creek Park Reserve. SKATING RINK SIGN Meyer asked the Park and Open Space Commission Members if they would be willing to personally donate funds towards a 3' x 4' wooden sign to be erected on the warming house which will say "Hadorf Field Community Skating Rink." Meyer explained that this would show commitment from the Park Commission. Ahrens suggested that this matter be handled as a private solicitation, and not be of record. COMMONS TASK FORCE UPDATE The proposed multiple dock system was discussed. The Council has basically given the Task Force the go-ahead to meet with the affected people at this location which includes 4 abutters, 6 nonabutters and 3 shared individuals. The Task Force is sending out a letter to advise these people of the meeting to be held on April 20, 1996. This issue will again be reviewed by the Council on April 23rd. Park and Open Space Commission Minutes April 11, 1996 Meyer stated for the record that he is open to the idea of multiple docks, but is opposed to installing the dock at a park with a beach as it is only 20 feet from a swimming beach which is too close. Casey questioned how the use of the beach will be affected. Faclder commented that the number of dock holders will not be more than what is there now. The Commission requested that a scaled drawing of the proposed multiple dock be available prior to their tour. EXTENSION OF WORK RULES MOTION by Meyer to extend the meeting for a maximum of 20 minutes past 10:00. Motion carried 5 to 3. BUOYS AT MOUND BAY PARK Meyer stated that due to the amount of jet ski activity and boats activity at Mound Bay Park, he suggested they install a second set of buoys to provide for a buffer area. Faclder commented that he may have some buoys on hand, and he will see what he can do. MOTION by Meyer to have the Parks Director look into installing a second set of buoys at the beach at Mound Bay Park, and if possible, install for this summer season. Goode seconded the motion. CITY COUNCIL REPORT Ahrens asked if there were any questions. Casey asked for an update on the requested abutting status for the Jacobson property. Ahrens stated that the person will get a dock, and it is to be the closest site rather than waiting for site to open up. The Parks Director noted that they have assigned that property a site about eight docks down, and will move them in the future if something closer opens-up. Ahrens stated that she was of the opinion that everybody had to be moved to accommodate for the new abutting site. Faclder will discuss the issue further with the City Manager. PARKS DIRECTOR REPORT Faclder stated that they are now looking to hire one full time seasonal employee. DOCK INSPECTOR'S REPORT Tom McCaffrey reviewed the status of the commons dock program. 23 sites were vacated this year, 13 people were repositioned, 3 abutting sites need to be relocated, and there are more than 20 on the waiting list. McCaffrey noted that these figures are rough, and he will provide more precise numbers at the next meeting. Park and Open Space Commission Minutes April 11, 1996 Meyer thanked staff for their time and attention to the skating rink issue. MOTION by Ahrens, seconded by Goode to adjourn the Park and Open Space Commi.~sion Meeting at 10:15 p.m. Motion carried unanimously. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION APRIL 22, 1996 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Bill Voss, Jerry Clapsaddle, Becky Glister, Gerald Reifschneider, and Orv Burma, City Council Representative Mark Hanus, Building Official Jon Sutherland and Secretary Peggy James. The following people were also in attendance: Dick and Linda Wigner, and Mike McCarville. MINUTES The Planning Commission Minutes of April 8, 1996 were presented for approval. MOTION made by Voss, seconded by Reifschneider to approve the Planning Commission Minutes of April 8, 1996 as written. Motion carried unanimously. CASE 96-04: VARIANCE FOR NEW DWELLING, RICHARD WIGNER, 2332 DRIFI~WOOD LANE, LOT 9, SKARP'S EAST LAWN, PID 13-117-24 44 0058 The applicant is seeking a variance that will allow the existing sub-standard dwelling to be demolished, and permit a new dwelling with an attached garage to be constructed in its place. The proposed dwelling is conforming to setbacks, and is a substantial improvement to the existing conditions on the property. The following nonconforming issues are listed below, along with staff's comments. 1) Lot Width: The existing lot width is 50 feet, the required width is 60 feet resulting in recognition of a 10 foot variance. There is adjoining property that is currently for sale. If 10 feet of the adjoining property could be obtained, the nonconforming width could be eliminated. 2) Lot Area: The required lot area is 10,000 square feet, the existing lot area is 7,248+- square feet, this results in the recognition of a 2,752 square foot variance. (same comments as above) 3) Impervious Surface: The proposed impervious surface coverage is 9 square feet over the maximum allowable of 40% for a lot of record with an approved drainage plan. The impervious surface area could be reduced by narrowing the driveway slightly. 4) Floodplain: All improvements are required to be in full conformance with the floodplain regulations contained in the City Code and the State Building Code. Staff has worked with the applicant on this issue and the plans are being revised to be in conformance with the lowest floor elevation for Lake Minnetonka of 933. The floodplain is being modified by being filled, and it is also being compensated for 1/1 on site. The proposed floodplain modifications have been reviewed by our City Engineer and his comments are attached to this report. In addition to the City's requirements, the applicant must obtain other agency approvals, such as the Mirmehaha Creek Watershed District. Planning Commission Minutes April 22, 1996 Staff recommended the Planning Commission recommend approval of the variance request to construct a new dwelling with the following findings: 1) The request with minor modifications is conforming to the ordinance, and 2) With this proposal there will be a substantial improvement to the existing condition of the property, and will result in the elimination of two existing nonconformities, the detached garage and the nonconforming side yard setback to the existing dwelling. Approval is subject to the following conditions: 1. The driveway area must be reduced to allow for conforming impervious surface coverage. The driveway must be crowned in order to direct the flow of stormwater around the side and towards the lake. 3. Approval from other agencies, as required, including the Minnehaha Creek Watershed District. Sutherland added a comment that the adjacent property is for sale, so it may be possible that the applicant could acquire additional land to bring the lot size into conformance. Sutherland stated that the applicant can speak on this issue. Weiland clarified that the proposal includes an 8' x 30' deck. Sutherland confirmed that if it is pervious and meets the ordinance it will not count as hardcover. Richard Wigner, applicant, stated that they have made several attempts to purchase the adjacent property, however, the owner/seller has not responded. A survey of the adjacent property was handed out to the Commissioners for review. Burma confirmed that the applicant could not purchase a portion of the adjacent lot unless the building is removed. Reifschneider had a question about side yard setbacks and staff clarified that the side yard setbacks for the new construction are 6' and 10', for lots of record. Mueller commented that the applicant has agreed to reduce the hardcover, and if they purchase 10 feet of the adjacent property they may loose their lot-of-record status. He would prefer not to see something this close to both side lot lines, but would rather see a new house there, and believes their would be a greater benefit, long-term to see the 40% hardcover maintained. Mueller wants to make sure the area under the deck will be a permeable surface. Mueller asked about vegetation screening and emphasized that our ordinance requires screening and suggested that they consider applying this for any new house construction. Hanus referred to the letter from the DNR which states, "The structures on the lot should be screened from view on Lake Minnetonka using existing vegetation, landscaping, color and other means approved by the city. In accordance with the Mound shoreland ordinance, natural, unmowed vegetation should be allowed to grow 2 Planning Commission Minutes April 22, 1996 within the 25 foot shore impact zone of Lake Minnetonka." Hanus questioned if it is their intent to allow "natural unmowed vegetation." Mueller stated that he would interpret this to mean bushes and things that are not mowed, and commented that the shoreland ordinances states "leaf-on vegetation." Voss confirmed with the Building Official that the existing dwelling could be remodeled, even though the structure is too small, has a poor foundation, and is nonconforming. Voss commented that by not approving this variance they could be allowing a substandard condition to exist forever. MOTION by Voss to recommend approval of the variance, as recommended by staff, including the condition that the area under the deck be a permeable surface so as not to have a nonconforming impervious surface coverage situation. Motion seconded by Mueller. Wigner stated, with regard to the vegetation, according to the MCWD, anything he does has to be approved by them, and it is his intention that the lot will stay the way it is. Mueller expressed a concern about increased drainage onto the property where the cottage is to the south. Sutherland stated that because that area is in the floodplain, they can't berm it, they could only resolve it by using gutters. Weiland stated that he will vote against the motion as he would like to see a letter from the people who are selling the adjacent property stating that they can not buy any. Glister agreed. Wigner stated that the property has been tied up in probate for a year and that there is no one that will give him an answer. Glister would like to see a denial in writing. Weiland agreed, he would like to know that they made an honest attempt. Wigner asked, what if they agree to sell 10 or 15 feet, but he cannot afford? Glister stated that cost is not a hardship. Clapsaddle commented that this is a sound proposal, made in good faith, and suggested they vote on the issue. Burma commented that he is also in support of the motion, considering the existing condition of the property, the location and condition of the existing nonconforming shed on the street side, he is in support of proposal. Hanus called for the question. Motion carried 7 to 2. Those in favor were: Voss, Clapsaddle, Michael, Mueller, Burma, Reifschneider and Hanus. Weiland and Glister opposed. This case will be heard by the City Council on May 14, 1996. CASE 96-17: VARIANCE FOR SHED, MIKE McCARVILLE, 5432 BREEZY ROAD, LOTS 7, 7, 40 AND 41, BLOCK 1, A.L. CROCKERS 1ST DIVISION, PID 13-117-24 23 0012 The applicant is seeking a variance to recognize the existing nonconforming dwelling in order to construct a 12' x 16' storage building that will be in a conforming location. The existing nonconforming dwelling is setback 20'+/- to the front, a 30' setback is required, resulting in recognition of a 10' +/- setback Planning Commission Minutes April 22, 1996 variance. The lowest floor of the dwelling is located at 930.7 which is below the minimum required elevation of 933 for properties riparian to Lake Minnetonka. The dwelling is in good condition and it is unlikely it can be brought into conformance at this time. A revised survey was received from the applicant, Mike McCarville, that shows the existing grade elevations of 931 and 931.4 where the shed is proposed to be located. The Building Official explained that any alterations to land located at or below the elevation of 931.5 requires a permit from the Minnehaha Creek Watershed District (MCWD). The Building Official stated that the lowest floor of the shed must be located at or above the elevation of 933 according to Mound City Code. The Building Official suggested that the applicant could find a location on his lot which is above the 931.5 elevation for the shed. Staff recommended the Planning Commission recommend approval of the variance request to allow construction of a shed with conforming setbacks and conforming elevations, subject to other agency approvals, as required. The shed enhances the use and function of the property, and provides for the needed accessory storage area. There is no further encroachment, and it is unlikely the nonconformities can be eliminated at this time. Weiland expressed a concern that the deck is not shown on the survey and the deck has rock under it. The applicant confirmed that the deck was included in the hardcover calculations. The applicant stated that he has lived at this property for 7 years, he knows where flooding takes place, and it is not a problem where the shed is planned to be located. Sutherland confirmed that any fill, including rock, placed in the floodplain requires a permit from the MCWD. MOTION made by Mueller, to recommend approval of the variance as recommended by staff to allow construction of a shed with conforming setbacks subject to the lowest floor being at or above the elevation of 933, and that no fill be added to raise the floor elevation, but that the shed be constructed in a way which would not require a permit from the MCWD. Motion seconded by Voss. The applicant questioned why the lowest floor has to be at 933. The applicant stated that his intention was to use the shed for snowmobiles. The elevation requirements and the MCWD requirements were reviewed. Sutherland noted that no permits have been issued for new structures in the floodplain. It was discussed that if the applicant could find a location on his lot that is above 931.5, he could then place fill to raise the floor of the shed to 933. Mueller clarified his motion that if the applicant wishes to build his shed at a location below 931.5 and use posts to elevate the floor to 933, this is okay as long as the MCWD approves of this. Motion carried unanimously. This case will be reviewed by the City Council on April 23, 1996. Planning Commission Minutes April 22, 1996 VARIANCE STREAMLINING UPDATE The COW Minutes of April 16, 1996 were distributed and reviewed by the Commission. Hanus reviewed the discussion and noted a correction within he minutes, the streamlining methods refer to "approval of the variances was granted within the previous 20 years," this should be 15 years. Hanus reviewed that the Council agreed with the Planning Commission's recommendation and commented that they would also liked to have seen more impact; they agreed with a one year trial, and reassessing what the impact is. Hanus stated that the City Attorney and City Planner will be drafting an ordinance amendment and the Planning Commission will need to have a public hearing. CITY COUNCIL REPRESENTATIVE'S REPORT Clapsaddle referred to the COW Minutes which reflect discussion on the Lost Lake issue and Stormwater Management and asked if there is anything the Planning Commission should be reviewing on these issues. Hanus reviewed that the Council has been unofficially informed that they have received a grant for the Auditor's Road project. Regarding Stormwater Management, at this point they are talking about possible expenses and what other City's are doing. Mueller commented that he would like the Planning Commission to review the Environmental Assessment Worksheet to be reviewed by the council on May 14. The Building Official commented that staff will discuss this with the City Manager. STUDENT INVOLVEMENT IN GOVERNMENT Hanus reported to the Commission that while he was In Washington at a Congress of Cities conference, he ran across Jon Elam who informed him that in Maple Grove they have a program in school that encourages students to apply as nonvoting members of councils/commissions, and he is curious about how the Commission feels about it. Clapsaddle commented that on the surface it sounds wonderful, but feels it could get tedious educating, and maybe it would work better if they were just observers. Voss asked if this program was initiated by the schools or cities? Hanus believes it is a joint effort. Voss feels the school should take it upon their own initiative to get involved. Mueller thinks it is a great idea, but there is a lack of background information. He would be willing to take someone under his wing. 5 Planning Commission Minutes April 22, 1996 MOTION made by Voss, seconded by Mueller, to adjourn the meeting at 8:42 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 6 BOARD MEMBERS Douglas E. Babcock Chair, Tonka Bay Tom Reese Vice Chair, Mound Joseph Zwak Secretary, Greenwood Robert Rascop Treasurer, Shorewood Kent Dahlen Minnetonka Beach Bert Foster Deephaven Gretchen Maglich Minnetonka Duane Markus Wayzata Craig Mollet Victoria Craig Nelson Spring Park Eugene Partyka Minnetrista Paul Stark Excelsior Herb J. Suerth Woodland Orono RECEIVED !:,?R 2 4 1996 LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEPHONE 612/473-7033 April 24 ~ 199 6 G. Alan Willcutt, EXECUTIVE DIRECTOR Mr. Edward Shukle city of Mound 5341 Maywood Road Mound, MN 55364 RE: 1997-1998 Lake Minnetonka Goose Control Program/Legislative Commission on Minnesota Resources (LCMR) grant application up-date Dear Mr. Shukle: At its regular meeting of April 15, 1996 the City of Minnetrista approved a commitment to work with the LMCD for the 1997 and 1998 goose control seasons. This commitment represents the finalization of a substantial effort to involve all fourteen surrounding Lake Minnetonka Communities for the establishment of a goose control program. Be advised that the 1996 LCMR grant program selection process will not be finalized until sometime in late June or early July. After a conversation with Mr. John Velin of the LCMR, we should expect to hear by mid May regarding our chances for a final presentation to the LCMR and hopefully, subsequent selection for grant funds to participate in the program. I have remained in touch with Mr. Jim Cooper of the University of Minnesota, as well as other interested parties relative to uniting our efforts should we be selected for the interview/presentation step. The Minnehaha Creek Watershed District has agreed to provide a challenge grant in the amount of $10,000, ~hould all fourteen cities agree to work together on this project and the final grant be approved. I shall remain in touch as the above process proceeds. Should you have questions concerning the above, please call. In advance, thank you for your community's support and cooperation seeing this effort through to this stage. Sincerely, 60% Recycled Content 3~/o Post Consumer Waste LAKE MI~ETONKA CONSERVATION DISTRICT G. ai~n/Wil[cu~ t Executive Director Metropolitan Council Working for the Region, Planning for the Future May 6, 1996 Transit Operations Edward J. Shukle, Jr. 5341 Maywood Rd. Mound, MN 55364 RECEIVED ," .-,, 7 1996, Dear Edward J. Shukle, Jr.: Thank you for attending or commenting (in writing or by phone) on tentative transit service reduction proposals. Because more than 800 customers attended or submitted comments on the cutbacks, I hope you will understand our need to use a form letter to get back to you with the results. We attempted to balance our budgetary realities with the needs of our customers. We tried to use many of the comments from customers as we made our decisions. Many customers commented on transit cutbacks generally. We have noted that you were most concerned about route(s) M75. A brief description of the action(s) taken is described below. We had originally proposed to eliminate all service west of Wayzata on Saturday and all service west of Wayzata on weekdays except the 751:. & N which bypass Ridgedale (route 75E trips also bypass the Transit Centers on 1-394 and Wayzata). We had also proposed to eliminate the last weeknight trip going westbound. After taking constructive public input, we decided to eliminate the service west of Wayzata except Route 75 E & N, but at the same time, replace the eliminated MCTO trips with an innovative self-dispatching fixed route/route deviation service connecting Mound, Spring Park, Orono, Long Lake, Wayzata, and Ridgedale. This new non-MCTO operated route would connect with MCTO Route 75 at Ridgedale. This new service could also be merged with Westonka Ride and Metro Mobility. This service change is targeted for late September, 1996. Our formal recommendation, forming an 11 page document including 3 summary pages and 8 detailed pages of route by route recommendations, was presented to and approved by the Metropolitan Council in early April. If you would like part or all of the formal recommendation, please call and leave us your recorded request by phone at 349-7777. We are passing your name to Transit for Livable Communities, a transit advocacy group, per their request. To those of you who contacted your legislator(s), please accept my thanks. Transit did get $6 million in stopgap supplemental funding ($4 million of which will come to MCTO) which is allowing us to keep slightly more bus service than we had originally proposed. In the long-term, stable, growing, funding still remains a serious issue to the integrity of transit. Please help us carry this message to your legislators for the upcoming 1997 session. Sincerely, Leonard R. Oppenheimer Acting Director of Service Development 560 Sixth Avenue North Minneapolis. Minnesota 55411-4398 {612) 349-7400 An Equal Opportunity Employer Transit Info 373-3333 'ITY 341-0140 League of Minnesota Cities Cities promoting,, excellence 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (612) 281-1200 ° (800) 925-1122 Fax: (612) 281-1299 ° TDD (612) 281-1290 April 29, 1996 Dear Minnesota City Officials: On behalf of the League of Minnesota Cities, I extend an invitation to attend the League's 1996 Annual Conference. This year the conference is scheduled at the Rochester Mayo Civic Center, June 11-14. After reviewing the enclosed program, I think you'll agree the Conference Planning Committee did an outstanding job in designing sessions of importance, timely sessions which apply to cities of all sizes. Five sessions have been planned especially for small cities, on Thursday, June 11. As always, the City of Rochester has put together an outstanding Host City Program, that begins with the Tuesday Evening Kick-Off performance of "Beehive" by the Hey City Theater, followed by a "Strawberry Fantasy" to delight all. And DON'T BE LATE FOR THE WEDNESDAY MORNING 8:30 a.m. OPENING SESSION. It's a surprise! The Family Program includes lunch and a tour of the Amish/Bluff Country on Wednesday, and lunch with a tour of the Plummer House on Thursday. But that's not all. Wednesday's City Night "Olympic Festival" will provide fun for all with music, entertainment, and food with an international flavor. New this year will be: Grants Area. Representatives from various state and federal agencies will be present to tell you about the various grants available to cities. Details are outlined in the enclosed program. Tech City. A separate area will be set up in the exhibit area for you to learn what's new in technology. From surfing the "Net" to teleconferencing, you won't want to miss visiting this area. Personnel Workshop: Nuts and Bolts. This half-day session is planned especially for small cities and will be held off-site at the Radisson Hotel. It is designed to provide assistance to cities without personnel directors in developing job descriptions and managing the hiring process. Other personnel issues will be covered, if time permits. Exhibition Program. With approximately 140 exhibits, this is an opportune time to see what's new and available in products, services, and technology. In addition, on Thursday, June 13, from 9:00 a. m. until 12 noon, the exhibits will be open to any city staff responsible for purchasing to visit the exhibits at NO COST. Staff may register in advance by calling Darlyne Lang or Cathy Dovidio at 1-800-925-1122 to obtain a special EXHIBITS ONLY badge. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Lang or Cathy Dovidio at 1-800-925-1122 to obtain a special EXHIBITS ONLY badge. Page 2 Gathering for newly elected officials and first-time conference attendees. Women in City Government is sponsoring this welcoming reception (not just for women) at the new Rochester City Hall. If you are a newly elected official, or if this is your first LMC annual conference, please join us from 5:00-6:00 p.m. on Tuesday, June 11 to meet other city officials and learn all about the conference. The Display of Flags will take place again this year in the Exhibit Area. I encourage you to participate and send your city flag to Darlyne Lang, .at the League address, by May 24. If you have any questions about this or other conference events, please feel'free to call Darlyne Lang or Cathy Dovidio at the League office. Enclosed with this mailing is the tentative agenda for the Annual Meeting, scheduled for Thursday, June 13 at 3:15 p.m Watch for complete information in future issues of Cites Bulletin. Also enclosed are the Guidelines for Nomination to the Board of Directors. Please contact Jim Miller or Sharon Klumpp for further information on the nomination process. Two special pre-conference workshops have been scheduled, a Legislative Update and LMCIT Loss Control Workshop. Please review the enclosed materials for detailed information on these, general session speakers and other timely sessions. I look forward to seeing you in Rochester. Sincerely, Karen Anderson Mayor, Minnetonka President, League of Minnesota Cities ~agu~ of Minnesota Citi~ Cities promoting I 145 University Avenue West, St. Paul, MN 55103-204~ Phone: (612) 281-1200 ' (800) 925-1122 Fax: (612) 281-1299 ' TDD (612) 281-1290 II. III. IV. GENERAL SESSION AND ANNUAL MEETINGS Thursday, June 13, 1996 Mayo Civic Center Auditorium Agendas Karen Anderson, LMC President, presiding General Session - The New Federalism Tim Penny and Vin Weber, Co-Directors, Humphrey Institute Policy Forum, University of Minnesota LMC Annual Meeting A. Call to order Business Meeting 1. Nominating Committee Report - Chuck Winkelman, Mayor, St. Cloud (LMC Past President) - Chair A. Election of LMC President B. Election of First Vice President C. Election of Second Vice President D. Election of LMC Directors (4) C. Presentation of Athenian Oaths to newly elected board members Do Miscellaneous Business 1. Discussion of Institutional Fee Formula Change 2. Discussion of Dues Increase (tentative) E. Adjournment LMC Research Foundation Annual Meeting A. Call to order B. Miscellaneous Business C. Adjournment Adjournment AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER RECEIVED Nominations open for LMC Board Nominations are now open for positions as officers and board mem- bers with the League of Minnesota Cities. Nominations are due May 31, and elections will take place Thursday, June 13 at the LMC Annual Conference in Rochester. "With major tax reform on the horizon, the League of Minnesota Cities has an unprecedented opportu- nity to shape state policy," said Karen Anderson, LMC President. "The Board will play a pivotal role in these and other policy discussions." League members will elect a president, a first vice president, and a second vice president. Unlike previous years, there will be vacancies in all of the officer positions. Officers are elected to one-year terms. The terms of four board mem- bers expire in June. Officials elected to fill these positions will serve until June 1999. The officer positions that are open could be filled by current Board members, resulting in additional openings. The Board terms of Sharon Feess, Brooklyn Park Council Member, Susan Hoyt, Falcon Heights City Administra- tor, and Bemidji Mayor Doug Peterson expire in June. Directors Feess and Hoyt were appointed to complete the Nominating committee members sought The nominating committe( plays an important role in selecting the League Board of Directors. The committee interviews Board candidates and presents their recommen- dations to member cities at the LMC business meeting. City officials interested in serving on the nominating committee should contact Jim Miller or Sharon Klumpp. The LMC Board will appoint the nominating committee at its May 16 meeting. unexpired terms of members who resigned and are eligible to seek a three year tenn. The term of Greenfield Administrator/Clerk/Treasurer Gail Lippert, who serves as the Board representative from the Minnesota Association of Small Cities also expires. Because she has served on the Board for less than a year, Lippert is also eligible to seek another term. Candidates must complete a nomination form and submit a brief resume. The nomination form asks candidates to list previous experience on LMC committees, conferences, and affiliate organizations. Local service in city government is also an important aspect that will be considered. The League will accept nomina- tions until May 31. Walk-in candi- dates will not be interviewed. A nominating committee ap- pointed by the LMC Board will interview candidates Wednesday, June 12 at the LMC Annual Conference in Rochester and will present their recommended candidates to member cities at the LMC business meeting on June 13. To request a nomination form, contact Jim Miller at (612 281-1205 or Sharon Klumpp at (612) 281-1203 or use our toll-free number, (800) 925-1122. I' LMC Nominating Committee Guidelines for 1996 1. Population Board members shouM come from cities of differing populations so that interests unique to certain size communities may be represented. Geography The nominations should generally be recommended to the membership taking into account the goal of balancing representation from Greater Minnesota and the metropolitan area. Gender Every effort should be made to ensure equal gender representation on the board. Position Elected officials should fill a majority of seats. Appointed officials from a variety of positions (clerks, city managers, attorneys, etc.) should be repre- sented on the board. Persons who serve in such positions on a contract basis may also be eligible, provided the individual (not the company or firm) is officially designated by the member city to fill that position. Term Board members should serve only one term. A board member who was appointed to fill one year or less of an unexpired term may be recommended for his or her own term. Current or past board members are eligible for officer positions or to complete an unexpired board term. Process Prior to convening, the nominating committee chair, LMC president, and executive director will determine how much time will be allocated to each candidate for that year. This will be based on the number of applicants expressing interest at least one week prior to the Nominating Committee meeting and will be conveyed to those individuals. Persons who have not notified the League of their candidacy by that deadline will not be considered. Candidates will be informed that their presentation will be confined to that time limit, but may be divided as the candidate sees appropriate, including seconding speeches. In no event, will candidates receive more than 20 minutes for board positions or 30 minutes for off~cer positions. ~ RECEIVED "' ~v League of Minnesota Cities 1996 Annual Conference June 11-14, 1996 Rochester, Minnesota Healthy Oties L League of Minaesota Cities Cities , ex~el]en~e a Healthy Minnesota ~'~~.v. MaBx Chuck Canfield 201 4th 5t~-t SE - Room 281 Phone:. (50~) 285-88~ Fax: (507) 287-7979 Greetings! It is s pleasure on behalf of the City of Rochester to invite you to the. League of Minnesota Cities Conference June 11-14, 1996. Rochester is one of the cities selected to carr~ the torch for the 1996 World Olympics in Atlanta. This symbolic flame will connect us to our goals for this conference as we strive to build "Healthy Cities for a Healthy Minnesota." To get into the spirit of participation with the Olympic venue, you are invited to wear your track shoes, put away your suits or dresses, white shirts and ties and show your colors from your town or city by weedng a t-shirt, jogging suit, or other sports attire. How about a t-shirt with your city's emblem? Casual sportswear will be sppropdate throughout the conference, except for the banquet Thursday evening....so relax and enjoy. We've had a great time preparing for your visit to Rochester. Come early on Tuesday and take a look at our new City Hall, or spend some time on the golf course. You won't want to miss Tuesday evening's performance of "Beehive", followed by the "Strawberry Fantasy". Wednesday morning the General Session and opening of the Conference will start with a BANG! Don't miss out on an eye-opener conference kick- off. You will want to be in your seats at the Mayo Civic Auditorium by 8:15 a.m Wednesclay to get in on the act! These are just a few clues to some of the things we have in store for you during the conference. Come early, stay late and have a great time! Sincerely, Chuc~ Canfield, M~/or City of Rochester Welcome to Rochester Chuck Canfield Mayor of Rochester 1996 IAf C Exa rrom The exhibit program at the League's 1996 annual conference offers an outstanding opportunity for city purchas- ing staff to learn about new products, services and technology available to cities. NEW THIS YEAR: The exhibit program is open to city purchasing staff on Thursday, June 13, 9 a.m. to noon. There will be no charge to visit the exhibits, however you must have an EXIffIBIT ONLY badge for admittance. If you have any questions or wish to register, please call Darlyne Lang or Cathy Dovidio at (612) 281-1200 or (800) 925-1122. Adolfson & Peterson, Inc. Advanced Drainage Systems American Arbitration Association AmeriData Banyon Data Systems Boarman Kroos Pfister Rudin & Associates Bohon & Menk, Inc. Bonestroo & Associates Bossardt Corporation Buchen Environmental Services, Inc. Buetow & Associates, Inc. Business Records Corporation CADD Specialists Corp. CIVIC Systems Clarke Mosquito Control Products, Inc. CNH Architects Community Resource Partnerships Inc. Construction Bulletin Magazine Consulting Engineers Council of MN Copeland Company CPMI C. R. Manufacturing Co. Crysteel Truck Equipment DCA, Inc. David M. Griffith & Assoc. Davis, Thomas & Associates Dougherty Dawkins E&V Consultants and Construction Managers Earl F. Andersen, Inc. Ehlers and Associates, Inc. Evensen Dodge, Inc. Finance & Commerce Flanagan Sales, Inc. Galaxy Compnter Services, Inc. GeoSpan Corporation Goff Howard & Associates Gopher Sign Company (;opher State One-Call Government Information Access Council Grooters Leapaldt Tideman Architects Hakanson Anderson Associates, Inc. HDI HDR Engineering, Inc. Hone?'well, Inc. Horizons Inc. Hydro Supply Co. ICMA Retirement Corporation Intergovernmental Information Systems Advisory Gouncil (IISAG) Insight Investment Management Insituform Technologies, Inc. Koala Corporation Larson, Allen, Weishair & Co. League of Minnesota Cities Insurance Trust League of Minnesota Cities Member Services League of Minnesota Cities Technology Services League of Minnesota Human Rights Commissions Leggette, Brashears & Graham Local Government Consulting and the Brimeyer Group LOGIS M-R Sign Co., Inc. Mac Queen Equipment, Inc. McCombs Frank Roos Assoc. Metropolitan Council Metropolitan Mosquito Control District Miller/Davis Company Miller & Schroeder Financial, Inc. MINNCOR Industries Minnegasco Minnesota Building Officials Minnesota Community Policing Institute Minnesota Dept. of N~.tural Resources Minnesota Dept. of Trade & Econ. Dev. Minnesota Local Road Research Board Minnesota Municipal Beverage Assoc. Minnesota Relay Service Minnesota Section, AWWA Minnesota Ser~'ice Cooperatives Minnesota Wastewater Operators Assoc. MN NET Miracle Recreation of Minnesota, Inc. MSA Consulting Engineers Municipal Ordinance Codifiers of MN Musco Sports-Lighting Mutual of America MVTL Laboratories,lnc. National League of Cities Northeast Technical Services, Inc. Northern States Power Co. OR-TEC, Inc. OSM & Associates PEBS~20 PeopleService Peterson Environmental Consulting, Inc. Polaris Telcom Precision Computer Systems Prinsco, Inc. Public Employees Insurance Program Public Resource Group Rieke Carroll Muller Associates, Inc. RLK Associates, LTD RUST Environmental Schoell & Madson, Inc. Science Museum of MN SERCO Laboratories Short Elliott Hendrickson Sport Court Springsted Incorporated Standard & Poors STS Consultants, Ltd. Summit Envirsolutions, Inc. T. M. Fitzgerald & Associates Thompson Associates, Consulting Psychologists Toltz, King, Duvall, Anderson & Associates Traverse des Sioux Libra%, System Valic Vedi Associates, Inc. Vincent & Associates Visu-Sewer Clean & Seat, Inc. Wagers Bnsiness Systems WaterPro WCEC Environmental Consultants Widseth Smith Nolting Winkelman Building Corporation Wristocrat Yaggy Colby Associates Demystify technology at Tech City Technology isn't science fiction anymore. It's a practical, helpful Tech time-saver with unlimited abilities. At this year,s conference, stop by Tech City and learn how some of these technological gadgets and gizmos will make your city more productive. Cities of all sizes will have a chance to: Test out software for financial and billing management; Learn more about enhanced voice and fax services; See how teleconferencing can connect your city to the rest of M i n n esota; Hook up and surf the 'Net; Consider developing a Web page for your city; Find out about technology training and intergovernmental partnership building opportunities. Don't miss this fun and informative opportunity to understand how technology applies to your city. League of Minnesota Oties 1996 Annual Conference Healthy Oties Healthy Minnesota Ggr READY FOR TUESD~~G~ sess o J 11, 1996 A 60's Rock'n Roll Musical Beehive musical is "hair raising" family fun Beehive, the '60s Rock.n-roll Musical chronicles the tumultuous times of the '60s through the music of the decade's powerhouse female superstars. You and your family won't want to miss Hey City Theater's energizing show that has played to sell out audiences since 1988 in cities like Chicago, San Diego and even Tokyo and Berlin. The fast-paced tour of the '60s through female soloists and girl group music, including the Supremes, Tina Turner, Aretha Franklin andJanisJoplin, are performed by a talented team of four cast members and several musicians. Psychedelic patterns, more than 25 wigs, 50 costumes, neon colors and black lights are all part of the elaborate Beehive look. While the show is light-hearted, it also touches on the decade's historical significance and on the important contributions women have made to music. Grab your go-go boots, Aqua Net and the kids - make sure you don't miss this show. For other confer- ence family activities, please see page 28. Casual dress at the conference is not only okay, it's being promoted by the Conference Planning Committee. Except for the banquet, even jeans will meet the dress code. It's your choice -just dress comfortably. Program Highlights Presentations Provide Effective Prescriptions. LMC Approved! Opening Session Stresses Importance of Maintaining a Balanced Life The 1996 Conference will feature a dynamic Opening General Session from Michael P. McKinley, "The Great Balancing Act: Work and Home." Mr. McKinley is a provocative spokesperson on the topics of business management, customer specialness and personal management. He delivers over 100 professional presentations from coast- to-coast each year. In 1987, he earned the prestigious Certified Speaking Professional (CSP) designation from the National Speakers Association (NSA) at that organization's national conven ti on. In his Wednesday Morning Keynote Address, "The Great Balancing Act: Work and Home," Mike identifies how demands of work and home have increasingly thrown our lives out of balance. That's the bad news'. The good news is that there is a way to restore a healthy equilibrium. It has to do with examining what's important in our lives - at work and home - and then establishing priorities. When people creativelv connect their priorities and their professions, balancing concerns seem to lessen. Achieving this connection day-to-day is perhaps a myth. However. 'averaging" this connection year-to-year seems a viable mission. Mike speaks at business and sales seminars, state and national conven- tions, professional association meet- ings, and in-house programs for companies, including 3M, IBM and AT&T Communications. He is author of three books, an audio cassette program, and numerous articles. Michael McKinley is one of America's foremost speakers on maximizing personal performance by applying "Simple Tools for a Complex World." Dramatic Presentation Explores the Value of Creating & Maintaining a Healthy Work Environment This year's conference offers an encore performance from Theatre for Corporate and Community Education - now known as Theatre at Work. At the 1994 Annual Conference, Marysue Moses and Alfred Harrison performed a powerful piece entitled, "Unless There's Blood." This dramatic presen- tation focused on issues that dealt with hostility and violence on a personal and professional level. The 20-minute play examined the relationship between abuse in the workplace and in the home. It presented forms of abuse and violence between co-workers and familv members that are not necessarily physical, but which are hurtful and contribute to a climate in which all forms of violence are allowed to proliferate. Unfortunately, threats to employee morale and productivity abound in today's workplace. Employers who overlook issues of harassment, conflict and xSolence are often subject to higher turnover, increased medical expense and even lawsuits. Their Wednesday General Session presentation this year, "From the Ground Up," sen, es as a follow-up to "Unless There's Blood." It explores the dynamics and effects of a variety of conflicts within an organization. The focus is on transforming conflict into opportunities for growth. The actual performance will be followed by a discussion of workplace hostility facilitated by an expert in conflict resolution. The typical conference presentation is all too easy to forget. Theatre at Work's live, theatre-based training is carefully designed around specific subjects to create new understanding and lOng-lasting impressions. Who Says Good Health is No Laughing Matter? Dr. Dale Anderson believes it's not always the illness that's "all in the patient's head," but rather, the cure. "Good health makes happiness and happiness makes good health," Dr. Anderson contends. And he thinks people have known that for a long time, though they haven't always admitted it. "Now we're beginning to learn that it's measurable--scientifi- cally!'' As the keynote speaker for the Mayors Association/Mini-Conference Luncheon on Thursday, Dr. Anderson will bring his theories about the healing powers of the mind. As Medical Director of Park Nicollet Clinic's Wellness Program in Minne- apolis, Dr. Anderson divides his time between his medical practice and conducting seminars. "Laughter and other positive behaviors stimulate the body to release substances known as endorphines. When endorphines are released, the body's immune system kicks in, reducing pain and making the indi- vidual feel better," says Dr. Anderson. "Fifteen years ago, if I would have prescribed laughter for my patients, I would have been laughed out of the profession! Today, there are numerous clinical studies that document the effects endorphines have on the body, and positive thinking and a good laugh are the best ways to get them flowing." Dr. Dale Anderson has been a physician for over 35 years and has practiced as a family doctor, a board certified general surgeon and a board certified emergency physician. He is recognized as one of America's leading health eduTAINers who shares fnn, happiness and healthy information in his keynotes, seminars and books. He l ,97 League of Minnesota Oties 1996 Annual Conference L Healthy Oties Wedt y 9ffinnesota is a member of the Minnesota Speakers Association and the 199596 president of the Medical Speakers Association. Dr. Anderson is a member of the American Medical Association the Minnesota Medical Association, and the American Association of Therapeu- tic Humor. Developing a Cure Often Demands a Change Many of the problems our country faces today cannot be cured with old antidotes. At least that's the perspec- tive of former U.S. Representatives Tim Penny and Vin Weber. They will share their political insights and expertise regarding the future direction of government from a national, state and local government perspective. As the winds of political change grow stron- ger, they believe issues related to public policy and governance can no longer be treated with outdated remedies. We can no longer afford to simply treat the symptoms. It's time to look deeper. DON'T MISS THIS GRANT AREA A highlight of this year's conference is the Grants Area. We've invited representatives from several state and federal agencies to be available on Wedne .sday. and .again on Thursday morning to tell you about the various ways they can help fund your city's projects. A!though. gran. t money is not ,so ,easy? come by the~,e days, there is f~nd!ng out there, it you?n? where to Ioo!~ ancl who to ask. This will be your perfect opportunity to check out a few resources. Learn about COPS money to hire more police officers from the U.S. Attame/s Office. Intereste~l in ,~,. era! communi~, policin, g grants~, .Sgm~ne from th~ Stol~'Del~..rtme.nt of P. ubhc ,Sa~ can.tell you. w¥,t's available: Sta~ Department of Trode an.d Eco. nomm Development w~9 ~e on n_ana ~o m, , y. ou wha~ you Can apply for through ~ Small Cities Development I'rogram an. el the Public Facilities ~,uthority, an.fi'representatives from the U.S. Department of Agricullure's Rural Economlc and Cc;mmunity Develogment Prog.ram, can,tell you about help'that office can provk]e for. a variety d projects...Looking ,to, r, some money for porks and recreafi°n or for a tails project~. Talk to ~e tolks from the M~nnesoto Department 6f. Natural Resources. That's just a sample of the. agencies and programs that will be represented the con nce. ima in y ur conference s? by and see what's available. Even if the ag?~ies .represen.ted don t have ~e .money for your specific project, they might be able to refer you to the agency that does. While their message is not necessarily a feel good one, it's one you can't afford to miss! A former six-term U.S. Congressman from Southwest Minnesota, Vin Weber is currently Co-Chair of the Humphrey Institute Policy Forum at the University of Minnesota. He is also a partner with the Washington D.C. law firm of Clark & Weinstock, Inc., Vice-Chairman of Empower America, and Co-Chair (along with Senator Bill Bradley) of the Aspen Institute Domestic Strategy Group. He also serves as a regular commentator on National Public Radio and has often appeared on McNeil- Lehrer NewsHour, Capital Gang, and Crossfire. He has been featured in National Journal, Wall Street Journal, and National Review. He resides in Virginia with his wife, Cheryl, and their two daughters. Elected to the Minnesota State Senate in 1976, Tim Penny became the first Democrat in over 50 years to represent the Waseca, Freeborn and Faribault County district. He served a six-year term. The first Democrat in this century to be elected from Minnesota's First Congressional District, Penny represented southeast- em Minnesota in the U.S. Congress from 1982-1994. He averaged better than 70 percent of the vote in his last five elections. At age 42, he voluntarily retired from Congress, citing a desire to return home to Minnesota and to devote more time to family. Since returning to Minnesota, he continues his involvement in public policy through his work as co-chair of the University of Minnesota Humphrey Institute Policy Forum. In addition, he serves on the Board of Directors for the Concord Coalition and is presently chair of the Minnesota Chapter of the Democratic Leadership Council. He is also Senior Counselor to the Minnesota based public relations firm Himle- He and his wife, Barb, have four children and live in Waseca, Minnesota. Friday's Finale Provides a Healthy & Enjoyable Look at Our Past Does it seem like we had a much better time in the past than the present? Do you feel like today there is so much to do, and so little time to do it that we have great difficulty enjoying ourselves? Have we lost our sense of community social values, and the belief in the dream of a better quality of life? Have we forgotten 'Who We Once Were" and what changed us? Our life values are defined by those who traveled this journey before us, and by the external social environment that surrounded us while we were growing up. These values and events have shaped our attitudes and influ- enced our behavior. In the Friday Finale General Session, Larry Bodahl will guide us on an entertaining historical and musical memory walk through the decades from FDR to Ronald Reagan, Glen Miller to the Bee Gees. On this tour, be able to enjoy an examination of the events, people and music that have made us who we are. Here's a special invitation to join Larry. for an informative and humorous presenta- tion in search of "Who We Once Were." Larry Bodahl draws upon a lengthy public service career and a strong commitment to personal and profes- sional development in presenting the finale conference program. His background includes positions as city administrator and mayor--concur- rently in two different cities--Minne- sota state representative, city planner, broker, speaker and consultant. LMC prescribed workshops Read the Label This year's planning committee took a holistic approach and incorporated the theme into the workshop tracks and sessions. The topics addressed offer a variety of healing ointments-- find those that are best for you. Following is a preview. Once you reach the conference in June, be sure to read the labels (session descriptions) in the Final Program before you decide. Foundations Track There's no quick fix when it comes to building a healthy community. On the contrary, lasting improvement depends on developing solid founda- tions. This track highlights a few of the important ones. Topics to be covered include: What City Officials Can (and Cannot) Do, Property Tax Primer, How to Run an Effective Meeting, Point of Order!, and How to Be an Effective Councilmember. The Changing Community Just like personal health, factors that influence municipal health change with growth. This track of sessions explores a number of the health issues that may lead your city, to seek counsel- ing. While they don't provide couches, they will provide valuable insights and recommendations on problems you may be facing. Topics to be covered include: Adult Entertainment & First Amendment Rights, Dealing with Intolerance in Your Community, Supporting Positive Responses to the Growing Aging and Teenage Populations. Personnel & Management Issues Beginning with the Opening General Session, ~The Great Balancing Act: Work and Home," the conference addresses important health issues that can help you deal with stress without distress. Learn how to maintain an even keel by attending these sessions: How to Hire, Discipline, and Termi- nate Without Getting Sued and What Every City Needs to Know About Mandated Drug and Alcohol Testing. Small City Track While many of the health issues we face are similar, size can play a critical role. The Small City Track on Thurs- day offers smaller communities help with what's ailing them. The half-day Personnel Workshop: Nuts and Bolts provides a laboratory for experimenta- tion. Other issues addressed include: Comprehensive Planning, Goalsetting & Strategic Planning, and Is Your City Ready for Commercial and Economic Development? DiSPlAY OF FLAGS Do you have a flag you would like displayed with those from other Minnesota titles? At the League's 1996 annual conference, flags from throughout the state will be on display. We would like to include yours. Flags must be received by May 27, and will be returned immediately after the conference. Please send your flag to Mary Diedrich, 145 University Avenue West, St. Paul, MN 55103. If you have any questions, please'call Mary Diedrich at (800) 925-1122 or (612) 281-1259. League of Minnesota Oties 1996 Annual Conference Healthy Oties for Healthy Minnesota Family.Activities Tuesday, June 11, 1996 GOI.F Reserve a tee-time at one of Three beautiful golf courses. Call Rochester's Golf Director, Tim Higgins at (507) 281-6160. TOURS OF Nsw ROCHESTER CrTY HALL AND NEW ROCHESTER PUBUC LmRARY 1:00 - 3:00 p.m. Come a bit earl), and take time for a tour of Rochester's new City Hall. Officially opened in April 1996, The new City Hall incorporates many of The design details used in The Olmsted County Government Center. The city and county are connected internally by corridors that meet at The Council Chamber/Board Room. City departments That were previously housed in three separate locations, have been consolidated in the new building. SPARE TIME? Rochester's newly opened Public Library is just one block away from City Hall. Feel free to stop in any time during The conference. HEY C~ THFJ~R, "BEEHm" 7:30 p.m. The doors to Mayo Audito- rium open at 7:00 p.m. Take your seats for a rousing musical review of "Beehive," a presentation by the Hey City Theater reminiscent of the '60s and '70s. See page 24 for more details. STRAWBERRY FABITASY 8:30 p.m. Remember Rochester's Chocolate Fantasy? Now enjoy a Strawberry Fantasy in The Strawberry Patch, located in the lobby at Mayor Civic Arena. Enjoy an assortment of strawberry delicacies while mingling with colleagues from across Minnesota. Rochester kids show what Strawberry Fantasy will look like. Wednesday, June 12, 1996 FAMILY EVENT--AMisH/BLuFF COUNTRY TOUR, 8:30 A.M. 8:30 a.m. Board buses at Kahler Hotel 8:45 a.m. Board buses at Radisson Buses depart at 9 a.m. for Harmony and Lanesboro with a stop for lunch at the Old Barn Resort. Arrive back in Rochester 3:40 p.m. Cost is $17 and includes lunch. (Advance registration required. See registration form.) CITY BJJGHT---.OLVMPK F'mS33VAL 6:30 p.m. Mayo Civic Center Park (for this occasion known as Olympic Village) is the site for a grand evening of good food, entertainment and camaraderie. Feast on foods representing various Olympic sites such as brats and kraut (Munich), BBQ ribs and southern fried chicken (Atlanta), rosettes (Lillehammer), pastries (Grenoble) and much more. A variety of enter- tainment on the outdoor stage will provide an international flavor to the festivities. Thursday, June 13, 1996 FAMILY EVENT-GARDEN LUNCH AND TOUR OF PLUMMER HousE, 11:OO A.M. Enjoy lunch in the gardens at the beautiful Plum[net House of the Arts, built in 1917 by Dr. Henry S. Plummer and his wife Daisy. The house and grounds were given to the city of Rochester and are used for weddings, meetings and various other functions. After lunch enjoy a leisurely self-guided tour of the house and grounds. Cost is $10 and in- cludes transportation. Bus departs Kahler Hotel at 11 a.m., Radisson at 11:15 a.m. (Advance registration is required. See registration form.) FAMILY AcTnnTmS REGISTRATION FORM Tuesday, June 11 Self guided tour of city hall/ government center Number attending ~ No cost for this event Golf Outing Number attending ~ Call ahead and ask for Tim Higgins (507) 281-6160. Select one of three courses and reserve a tee-time. No cost for this event Wednesday, June 12 Amish/Bluff Country Tour $17 per person Number attending ~ Amount enclosed Thursday, June 13 Plummer House Garden Lunch/Tour $10 per person Number attending ~ Amount enclosed Name Address City/State/Zip Telephone Total payment enclosed (MAKE CHECK PAYABI.E TO MAYOR CONTINGENCY FUND) Mail form and advance registration fee by May 27, 1996 to: Sue Norris Room 281 City HaH, 201 4th Street S.E., Rochester, MN 55904-3782 1'70( L,~u~ of Min~ota Citi~ promo~n~ RECEIVED League of Minnesota Oties 1996 Annual Conference June 11-14, 1996 Rochester, Minnesota Healthy Oties for a Healthy Minnesota Program Schedule Tuesday, June 11, 1996 TOURS OF NEw ROCHESTER CITY HA~ AmD RiEW ROCHESTER PUBLIC LIBRARY 1:00 - 3:00 p.m. SPSaAL PRE-CoRiFEmWcE COmCURREBn' WORKSHOPS Legislative Update 3:00 - 5:00 p.m. New enactments will effect many city decisions this year. This briefing will highlight which legislation passed, which didn't and how these changes will effect city budgets, the ability of cities to strengthen their local economies and the ability of cities to improve service delivery. LMCIT Loss Control Workshop 3:00 - 5:00 p.m. Three workshops will be presented consecutively. These are: Take a Few Minutes Before You Make a Decision (keeping records to support the defense that councils made rational decision); Don't Miss the Train (employee safety training require- ments); and The Family Medical Leave Act. Gathering for Newly Elected and First-Th-ne Conference Attendees (Sponsored by Women in City Government) 5:00 - 6:00 p.m. TUESDAY N~Glrr KIcx-OFF Mayo Civic Center Auditorium 7:00 p.m. Doors open 7:30 p.m. Festivities begin Take your seats for a rousing perfor- mance of the Beehives from Hey City Theater featuring music from the '60s and '70s. Afterwards, around 8:30 p.m., indulge your Strawberry fantasies in the Strawberry Patch, located in the Mayo Civic Arena lobby. Celebrate June--Strawberry month in Minnesota--with col- leagues from across Minnesota by enjoying chocolate covered strawber- ries, strawberry blintzes, strawberry ice cream and other strawberry delicacies. Wednesday, June 12, 1996 Don't forget to wear your sportswear today/ WELCOME/OPENING SESSION Work & Home Featuring Mike McKinley, President, McKinley Companies, Inc. (Sec page 25 for more details.) B~ 10:15 a.m. C~m~rt S~o~s I (~(~,~ o~) 10:45- 11:45 a.m. Foundations What City Officials Can (and Cannot!) Do Councils often don't realize the full scope of the powers imparted to them based upon their classification and Minnesota law. This session will increase your understanding of what's possible, as well as the limits of authority and mandates imposed by statute. Legislative, corporate and regulatory, powers Working within the limits of laws on open meetings, gifts, conflict of interest, personnel Answers to the 10 most com- monly asked questions The Changing Community Adult Entertainment and First Amendment Rights An instructive and entertaining roleplay will be used to illustrate the legal, planning, enforcement and political aspects of adult uses (includ- ing sex-oriented businesses, pawn- shops, massage parlors). The session will address: How to enforce codes How to zone Regulation through licensing Dealing with political fallout Healthy Cities Environmental Issues: F'mancial Impacts As we move into the second half of the 1990s, environmental issues continue to increase in importance for cities. One of the reasons these issues gain attention is the financial imprints they leave. This session will touch on some major issues and current legislation. Revision of the Wetlands Conser- vation Act New septic tank regulations and rules Wellhead protection Wastewater treatment and infrastructure financing Solid waste and flow control Technology Using Your Computer as More than a Typewriter (Sponsored by Intergovernmental Information Systems Advisory Council, IISAC) This session will focus on practical procedures that save both time and effort. Arranging files and diskettes to find your work How to create forms with spread- sheets Budgeting with spreadsheets Graphical enhancements (jazzing up spreadsheets and documents) How to use shells to save time Use of a simple network Healthy Cities The Metro-Greater Minnesota Connection What happens in the Metro Area often has an impact on Greater Minnesota (ie. airport, pro sports, Mall of America, Minneapolis Convention Center). In this session participants will have the opportunity to "celebrate the sameness and savor the differences," and examine examples which bring economic benefits to all of Minnesota, not just the metro area. How are the economies of the Metro Area and Greater Minne- sota integrated? What are the population trends? W'hat is the "Metro" Area? Does Greater Minnesota include more than Minnesota-the Dakotas, for example? I::XHIBrrORS' LUNCHEON 11:45 a.m.- 1:15 p.m. Have lunch and visit with the many fine exhibitors in the Exhibit Hall. GENERAL SESSIOn 1:15 - 2:45 p.m. From the Ground Up:. Dranmtic Presentation with Professionally- Facilitated Discussion Marysue Moses and Alfred Harrison Theatre at Work, St. Paul, MN (See page 26.) 2:45 p.m. ConcuRR~nrr SEssions II (CHOOS~ Ohs) Foundations Property Tax Primer This session will provide an overview on how the current property tax system works and outline the key issues related to reform. What is the classification system and why does it exist? What is the tax capacity rate? What is local government aid? How is it determined? What are the key issues related to property tax reform? L ~ of Minnesota Cities Cities e~wdlence League. of Minnesota Cities 1996 Annual Conference Healthy Oties fora Healthy Minnesota The Changing Community Planning for Development Using planning tools effectively can help you achieve your city's goals and deal with a wide variety of develop- ment problems. This session will provide the information needed to put that framework in place. Available tools and how they relate to each other Subdivision exactions and dedications Role of a comprehensive plan and standards Legal issues, adoption requirements Pitfalls, "words to the wise" Leadership Responding to Citizen Requests Making sure your city has systems and policies in place for dealing with citizen requests or concerns is important in order to give citizens accountability and access to public officials. Through the use of a video of actual scenes and interactive discussion, this session will examine the key essentials in responding to citizens and share effective techniques. Dealing with citizen requests and complaints as a customer service issue Developing a chain of command appropriate for the size of your community Gathering information before deciding on a solution Using a tracking system for complaints Tips for controlling time for citizen input at hearings or meetings Communications Communicating with Your Citizens Communicating with your citizens is both an art and a science. This session will address the importance of developing a communications plan to help you focus on the message you want to communicate and the most appropriate tools to use. It will also highlight case studies of how events and celebrations, such as Gities Week, have been used to build community. Developing a communications plan Matching tools with the message Matching tools with the audience Case studies featuring city award winners Healthy Oties Recreation Issues This session will focus on how recreation and parks can benefit the total community. A panel of special- ists will show how several cities are developing a sense of community through their recreation programs and parks while reversing negative trends of intolerance, hostility and community segmentation. How can recreation bring our citizens together? What is the role of a governing body? Successful programs to make available in your community CITY NIGHT An Olympic V'dlage with a wide variety of foods and performances 6:$0 p.m. Mayo Civic Center Park is the site for a grand evening of good food, entertainment and comradcrie. Feast on foods representing various Olympic sites like brats and sauerkraut (Munich), ribs and fried chicken (Atlanta), rosettes (Lillehammer), pastries (Grenoble) and much more! Entertainment on the outdoor stage will give the festivities an international flavor. Thursday, June 13, 1996 IBIFORMAL NETWORKWG AmD COFFEE AmD ROLLS IlU EXHIBIT HAU. COBICURRERrr SESS~OmS III (moose Mm) 9:00 - 10:00 a.m. Foundations How to Run an Effective Meeting City officials are expected to run many different types of meetings. The formula for one meeting may not be the best approach for another. This session identifies the various types of meetings and provides a strategy for each. Types of meetings: the formulas for success are different Tips on how to prepare for each How to stimulate participation How to limit discussion Closure and follow-up The Changing Community Dealing with Intolerance in Your Community Not everyone accepts the differences that come with diverse populations living in the same community. What is the city's role in addressing the human rights issues that emerge? Which approaches work? Background/definitions Overview: What cities can put in place (such as bias response plans) Overview: How cities can respond to specific situations or incidents Case studies Person nd/Ma nagemen t How to Discipline and Fh-e Without Getting Sued The majority, of employees want to do a good job. Sometimes, however, despite the best preventative efforts or one-on-one coaching, it becomes necessary to discipline or even terminate an employee. This session will focus on the legal issues and the elected official's role in dealing with problem employees. Overview of issues most com- monly encountered by the League's Insurance Trust Effective discipline policies as a means to avoid termination Guidelines for termination Small Cities Comprehensive Planning for the Future This session offers a practical over- view for those who are just getting started or need a refresher. Introduction to planning Why plan A look at what's required Planners in the planning process Understanding the planning process Elements of a comprehensive plan Basic planning tools - zoning, variances, conditional use permits Definitions, rationale, uses, myths/misconceptions, how to's, non-conforming issues Legislative session summary Small Cities Personnel Workshop: Nuts and Bolts (half-day - offsite, exact thne TBD) This will be a working session. Attendees are encouraged to bring actual work samples for feedback and revision. The main focus is to provide assis~ncc to non-personnel staff in developing job descriptions and managing the hiring process. Using a job description, a 100-point scale will be developed in order to learn through experience. What is necessary in an effective job description? What is a good format? How do you write a 100-point scale? Why is a 100-point scale necessary? Additional topics that may be ad- dressed '(depending on staff and time available) Disciplinary, action Performance forms Salary schedules Pay equity, 10:00 a.m. ConcuRREm'r SEsmoms IV (o~os.: OnE) 10:30 - 11:30 a.m. Foundations Point of Order! Back by popular demand, this lively presentation provides an entertaining discussion of parliamentary proce- dure. If you missed it last year, here's a second chance. Myths and misconceptions Practical applications/do's and don'ts Basic principles and fundamentals Gender protocol Order of business Eight steps to process a motion, how to modify a pending motion Meeting minutes The Changing Community Supporting Positive Responses to the Growing Aging Population This special working session will focus on what a city can do to facilitate the development and enhancement of services provided for seniors using primarily non-public approaches. After a brief overview, participants will answer the following question related to a specific area of service: "what would you change if your aging population was 50 percent of your .residents?" Significant trends and their impact Brief over'view: what's been done around the country in housing, public safety Opportunities in public services (such as park and recreation, transportation, senior centers) as well as private sector services Sharing results of discussions Personnel~Management Managing Use of Public Rights-of-Way Increasing demand by telecommuni- cations service providers and utilities for the use of local streets and other public rights-of-way presents cities with serious questions. Who is responsible for paying the rising cost of ensuring that roads, sidewalks, and alleys are safe and well managed? How can the city determine the value of the local rights-of-way and establish policies to protect the investment local taxpayers have made in acquir- ing, maintaining and improving it? This session will focus on the ap- proaches being used here and elsewhere to make sure local govern- ment has authority to obtain compen- sation for use of their streets and rights-of-way. Presentations will cover: Municipal franchise authority/ local compensation Requirements for placement, repair and removal of facilities Rental for use of rights-of-way Importance of legislative support in 1997 session to uphold city authority to manage local rights- of-way L Leag~ of Minnasota Cities Cities ex.die,we League of Minnesota Cities 1996 Annual Conference Healthy Cities Healthy Minnesota Small Oties Goal Setting and Strategic Planning for Small Cities An annual goal setting session by the city council and its administrator is critical. This session provides valuable tips on how to proceed. Why do it and when Staff involvement Involvement from citizens, Parks Commission, and Planning & Zoning Commission Tying it to the budget Reviewing goals and refocusing energies Small Oties Personnel Workshop: Nuts and Bolts (half-day - offsite, exact time TBD) This is a continuation of today's morning workshop described earlier. BS~.J~K 11:30 a.m. MAYORS ASSOCIAI'IOIII~ ' Mm~-~ LUm:HEOm 12:00 a.m. - 1:15 p.m. ACT NOW - Discover How Good Health Can Be a Laughing Matter Dr. Dale L. Anderson, M.D. (See page 26.) Leadership Characteristics of an Effective Councilmember: Candid Stories from Former City Officials Featuring a power-packed panel of former elected officials and staffwho will "tell it like it is," this session will provide varying and valuable perspec- tives on such questions as: What are the ingredients to being an effective councilmember and why? If you had to identify three key skills or characteristics, what would they be? Have the role and expectations changed over the years? If so, how? What do you envision in the future? What makes for a successful working relationship with staff?. Does the size and class of the city have an impact? The Changing Community Supporting Positive Responses to the Growing Teenage Population This important segment of today's and tomorrow's community presents both challenges and opportunities. Here's practical information and innovative approaches to working with, and benefiting from, your city's teenagers. Key statistics/findings on the teenage population; how they will influence and shape the future of Minnesota communities Examples of what communities are doing to address the realities facing their teenage citizens (jobs, education, crises, meaning- ful involvement, vandalism, gangs) How cities can collaborate with other organizations working with youth to effectively meet poten- tial problems Personnel/Management What Every City Needs to Know About Mandated Drug and Alcohol Testing All cities with employees who are required to have a commercial driver's license or perform safety- sensitive functions must have a Drug and Alcohol Testing Policy in place. In easy-to-understand language, this session will focus on difficult imple- mentation issues as well as lessons learned. Who is specifically exempt? Basic questions to ask before choosing a testing firm What if you have a positive test; can (or should) the employee be fired? What is negotiated with the union? What if an employee rarely performs safety-sensitive func- tions and his/her name is pulled for a test? Privacy issues; documentation Small Cities Is Your City Ready for Commer- cial or Industrial Development? Preparation is the key for readiness. Key elements to success include a team of professionals responsible for available land inventories, financial packaging, improving or adding new infrastructure and marketing. Key elements to include in the preparafon Identifying the key team mem- bers within the community, i.e., professionals who could be responsible for successful completion 'of the elements How to locate professionals not available within the community Marketing your available land, area, and city; planning for the future GENERAL SESSION AND LMC AmNUAL MEETING The New Federalism Tim Penn)', Co-Director, Humphrey Institute Policy Forum, University of Minnesota Vin Weber, Co-Director, Humphrey Institute Policy Forum, University, of Minnesota (See page 27.) LMC RECEP'rlON AND BANQUET 6:30 p.m. C.C. Ludwig and Leadership Awards Presentation Friday, June 14, 1996 CITY ACHIEVEMENT AWARDS PRESENTATION AND FimALE GENERAL SESSION 9:00 - 10:30 a.m. Who We Once Were Larry Bodahl, City Administrator, Newport; Former Mayor and State Legislator (See page 27.) General session speakers Opening Keynote Address The Great Balancing Act: Home and Work Michael McKinley The 1996 Conference will feature a dynamic Opening General Session from Michael P. McKinley, "The Great Balancing Act: Work and Home." Mr. McKinley is a provocative spokesperson on the topics of business management, customer specialness, and personal management. He delivers over 100 professional presentations across the U.S. each year and in 1987 he earned the prestigious Certified Speaking Professional (CSP) designation from the National Speakers Association (NSA) at that organization's national convention. In 1992, Mike had the additional distinction of being awarded the CPAE - Council of Peers Award for Excel- lence. This award is given annually to no more than five professional speakers in the world. He is only the 112th recipient of the award, which is presented on the basis of originality,, uniqueness of style, experience, delivery technique, image and reputa- tion, professionalism, and abili~' to relate to their audiences. Mike also serves on the Board of Directors of the 3,500-member National Speakers Association and ~ the 1994-95 national president. Mike has a degree in business administration from Bemidji State University and for over a decade was President and General Manager of Happy Sleeper Mattress Company, a manufacturing and retail operation in the upper Midwest. Mike is now President of McKinley Companies, Inc., in Eau Claire, Wisconsin, whose Alive! Alive! Associates division markets his professional speaking, training, and consulting, and whose Thinking Publications division markets educa- tional materials world-wide. In his Wednesday Keynote Address, "The Great Balancing Act: Work and Home," Mike identifies how demands of work and home have increasingly thrown our lives out of balance. That's the ~bad news!" The "good news" is that there is a way to restore a healthy equilibrium. It has to do with examin- ing what's important in our lives - at work and home - and then establishing priorities. When people creatively connect their priorities and their professions, balancing concerns seem to lessen. Achieving this connection day to day is perhaps a myth. However, "averaging" this connection year to year seems a viable mission. Mike speaks at business and sales seminars, state and national conven- tions, professional association meet- ings, and in-house programs for companies, including 3M, IBM and AT&T Communications. He is author of three books, an audio cassette program, and numerous articles. Michael McKinley is one of America's foremost speakers on maximizing personal performance by applying "Simple Tools for a Complex World.' / '7o'7 L cit Cities m , ting League of Minnesota Cities 1996 Annual Conference Healthy Oties fora Healthy Minnesota Wednesday Afternoon General Session From the Ground Up Mayors Lunch ACT NOW -- Discover Ho~v Good Health Can Be a Laughing Matter! Marysue Moses and Alfred Harrison--Theatre at Work This year's conference offers an encore performance from Theatre for Corporate and Community Education - now known as Theatre at Work. At the 1994 Annual Conference, Marysue Moses and Alfred Harrison performed a powerful piece entitled, ~Unless There's Blood." This year's Wednesday General Session presentation, "From the Ground Up," serves as a follow-up to ~Unless There's Blood." It explores the dynamics and effects of a variety of conflicts within an organization. The focus is on transforming conflict into opportunities for growth. The actual performance will be followed by a discussion of workplace hostility facilitated by an expert in conflict resolution. "Unless there's blood" focused on issues that dealt with hostility and violence on a personal and professional level. The twenty-minute play exam- ined the relationship between abuse in the workplace and in the home. It presented forms of abuse and violence between co-workers and family mem- bers that are not necessarily physical, but which are hurtful and contribute to a climate in which all forms of violence are allowed to proliferate. The typical conference presentation is all too easy to forget. Theatre at Work's live, theatre-based training is carefully designed around specific subjects to create new understanding and long-lasting impressions. Theatre at Work is at the leading edge of organizational training. Principals Marysue Moses and Alfred Harrison are a multi-talented team with more than 40 years combined theatre experience. The facilitators they use are nationally recognized experts in the fields of employment law, employee assistance, and mediation. This unique combination of skills results in a powerfully relevant program. Dr. Dale Anderson Dr. Dale Anderson believes it's not always the illness that's "all in the patient's head," but rather, the cure. "Good health makes happiness and happiness makes good health," Dr. Anderson contends. And he thinks people have known that for a long time, though they haven't always admitted it. "Now we're beginning to learn that it's measurable - scientifio cally!' As the keynote speaker for the Mayors Association/Mini-Conference Luncheon on Thursday, Dr. Anderson will bring his theories about the healing powers of the mind. As Medical Director of Park Nicollet Clinic's Wellness Program in Minne- apolis, Dr. Anderson divides his time between his medical practice and conducting seminars. As a youth in Austin, Minnesota, he recalls the "touch doctor" that regularly visited the area. One woman, in pain and on crutches, visited the doctor and returned home with the ailment gone. ~Maybe it was not the illness that was all in her head. Probably, it was a cure that was all in her head," he maintains. "Laughter and other positive behaviors stimulate the body to release substances known as endorphines. When endorphines are released, the body's immune system kicks in, reducing pain and making the indi- vidual feel better," says Dr. Anderson." Fifteen years ago, if I would have prescribed laughter for my patients, I would have been laughed out of the profession! Today, there are numerous clinical studies that document the effects endorphines have on the body, and positive thinking and a good laugh are thc best ways to get them flowing." Dr. Dale Anderson has been a physician for over 35 years and has practiced as a family doctor, a board certified general surgeon and a board certified emergency physician. He is recognized as one of America's leading health edutainers who shares fun, happiness and healthy information in his keynotes, seminars and books. He is a member of the Minnesota Speakers Association and the 1995-96 president of the Medical Speakers Association. Dr. Anderson is a member of the American Medical Association, the Minnesota Medical .&ssociation, and the American Association of Therapeu- tic Humor. Thursday Business Meeting The New Federalism This >,ear's Business Meeting ~411 not be business as usual. Quite the contrary, the meeting features two recognized speakers who will be communicating the message that business will no longer be conducted as usual - at least when it comes to federal politics. Former U.S. Representatives, Tim Penny and Vin Weber, will share their polifcal insights and expertise regarding the future direction of government from a national, state and local government perspective. The winds of change continue to get stronger. The result? - political business and public policy can no longer be done as usual. While their message will not necessarily be a feel good one, it's one you can't afford to miss. Vin Weber A former six-term U.S. Congressman from southwest Minnesota, Vin Weber is currently Co-Chair of the Humphrey Institute Policy Forum at the University of Minnesota. Mr. Weber is a regular commentator on National Public Radio and has often appeared on McNeil-Lehrer News Ho'ur, Capital Ga~g. and Crossfire. He has been featured in .',iationalJournal, Wall Street jour~a!, and National Review. Tim Penny The first Democrat in this century, to be elected from Minnesota's First Congressional District, Tim Penny represented southeastern Minnesota in the U.S. Congress from 1982-1994. He averaged better than 70 percent of the vote in his last five elections. At age 42, he voluntaril> retired from Congress, citing a desire to return home to Minnesota and to devote more time to family. Since returning to Minnesota, he continues his involvement in public policy through his work at the Univer- sity of Minnesota Humphrey Institute Policy Forum where he serves as Co- Chair. In addition, he sen'es on the Board of Directors for the Concord Coalition and is presently Chair of the Minnesota Chapter of the Democratic Leadership Council. II i I, Friday Finale General Session Who We Once Were Larry Bodahl Does it seem like we had a much better time in the past than the present? Do you feel like today there is so much to do, and so little time to do it, that we have great difficulu' enjoying ourselves? Have we lost our sense of community social values, and the belief in the dream of a better qualiu' of life? Have we forgotten ~Who We Once Were" and what changed us.: Our life values are defined by those who traveled this journey before us, and by the external social endronment that surrounded us while we were growing up. These values and events have shaped our attitudes and influ- enced our bebax4or. In the Friday Finale General Session, Larry Bodahl will guide us on an entertaining historical and musical memo~ walk through the decades from FDR to Ronald Reagan: Glen Miller to the Bee Gees. On this tour, we'll be able to enjoy an examination of the events, people, and music that have made us who we are. Here's a special invitation to join Larry for an informative and humorous presenta- tion in search of Who We Once Were. Laru' Bodahl draws upon a lengthy public service career and a strong commitment to personal and profes- sional development in presenting the finale conference session. His back- ground includes positions as city administrator and mayor - concur- rentty in two different cities - Minne- sota state representative, ciu' planner. broker, speaker, and consultant. /-700 Wednesday, June 12, 1996 FAMILY EVENT--AM,CH/BLUFF CounrrRy TOUR, 8:30 A.M. 8:30 a.m. Board buses at Kahler Hotel 8:45 a.m. Board buses at Radisson Buses depart at 9 a.m. for Harmony and Lanesboro with a stop for lunch at the Old Barn Resort. Arrive back in Rochester 3:40 p.m. Cost is $17 and includes lunch. (Advance registration required. See registration form.) CITY IIIG~LVMPlC FBSTIVAL 6:30 p.m. Mayo Civic Center Park (for this occasion known as Olympic Village) is the site for a grand evening of good food, entertainment and camaraderie. Feast on foods representing various Olympic sites such as brats and kraut (Munich), BBQ ribs and southern fried chicken (Atlanta), rosettes (Lillehammer), pastries (Grenoble) and much more. A variety of enter- tainment on the outdoor stage will provide an international flavor to the festivities. Thursday, June 13, 1996 FAMILY EVEIIIT---~AROEm LUNCH AND TOUR OF PLUMMER HOUSE, 11:00 A.M. Enjoy lunch in the gardens at the beautiful Plummet House of the Arts, built in 1917 by Dr. Henry S. Plummet and his wife Daisy. The house and grounds were given to the city of Rochester and are used for weddings, meetings and various other functions. After lunch enjoy a leisurely self-guided tour of the house and grounds. Cost is $10 and in- cludes transportation. Bus departs Kahler Hotel at 11 a.m., Radisson at 11:15 a.m. (Advance registration is required. See registration form.) FAMILY AcnvmEs REG:STRA'nON FORM Tuesday, June 11 Self guided tour of city hail/ government center Number attending .. No cost for this event Golf Outing Number attending., Call ahead and ask for Tim Higgins (507) 281-§1§0. Select one of three courses and reserve a tee-time. No cost for this event Wednesday, June 12 Amish/Bluff Country Tour $17 per person Number attending ~ Amount enclosed Thursday, June 13 Plummer House Garden Lunch/Tour $10 per person Number attending. Amount enclosed Name Address Ciw/State/Zip Telephone Total payment enclosed (MAKE CHECK PAYABLE TO MAYOR CONTINGENCY FUND) Mail form and advance registration fee by May 27, 1996 to: Sue Norris Room 281 City Hall, 201 4th Street S.E., Rochester, MN 55904-3782