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1999-02-23AGENDA MOUND CITY COUNCIL TUESDAY, FEBRUARY 23, 1999 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citiaen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING - PLEDGE OF ALLEGIANCE. 2. APPROVE AGENDA. *CONSENT AGENDA *A. APPROVE THE MINUTES OF THE FEBRUARY 9, 1999, REGULAR MEETING ........................................ 536-558 *B. APPROVE THE MINUTES, AS AMENDED, OF THE JANUARY 19, 1999 COMMITTEE OF THE WHOLE MEETING. (TO BE HANDED OUT TUESDAY EVENING.) *C. APPROVE THE MINUTES OF THE FEBRUARY 16, 1999, COMMITTEE OF THE WHOLE MEETING ......................... 559-560 *D. CASE 99-02: VARIANCE, FRONT YARD AND SIDE YARD SETBACK VARIANCES, TO CONSTRUCT A CONFORMING ADDITION AND ATTACHED GARAGE, STEVE JILEK, 5444 SPRUCE ROAD, LOTS 46, 47 & 48, BLOCK 2, LAKESIDE PARK -CROCKER'S PID # 13-117-24 32 0164 ....................................... 561-577 *E. SET PUBLIC HEARING FOR CASE 99-03, STREET & UTILITY EASEMENT VACATION TO ALLOW CONSTRUCTION OF AN ADDITION TO THE DWELLING AT 4844 ISLAND VIEW DRIVE, JORJ AYAZ, LOTS 1 7 2, BLOCK 15, DEVON. SUGGESTED DATE: MARCH 9, 1999 ................................ 578 *F. RECOMMENDATION FROM PLANNING COMMISSION RE: 2217 CHATEAU LANE (VACANT LOT) ........................... 579-585 *G. CASE 99-04: VARIANCE, CONSTRUCTION OF A CONFORMING ADDITION, 5189 EMERALD DRIVE, P/7 & 10, LOTS 8, 7 9 BLOCK 1, SHIRLEY HILLS UNIT C, PID 24-117-24 24 0011 ..................... 586-606 534 fi[/~H~. APPROVAL OF MULTIPLE DOCK LICENSE APPLICATION, PELICAN POINT (_.'.7 , HOMEOWNERS' ASSOCIATION.. '¢c. jr.._c)i .(~O...._ .~.~. ............. 607-618 *I. ~YLICENSE RENEWALS FOR GARBAGE AND CIGARETTES ........ : ........ 619 *J. \'~APPOINTMENT TO POSC. THEY INTERVIEWED TWO PEOPLE, JOHN BEISE AND JOHN ECCLES. THEY HAVE RECOMMENDED THE APPOINTMENT OF JOHN BIESE ............................................ 620-623 (~*K. PAYMENT OF BILLS ........................................ 624-640 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. DEPARTMENT HEAD ANNUAL REPORTS: JON SUTHERLAND, BUILDING OFFICIAL ......................... 641-655 JOEL KRUMM, LIQUOR STORE MANAGER ....................... 656-659 - GINO BUSINARO, FINANCE DIRECTOR .......................... 660-673 ~ LEN HARRELL, POLICE CHIEF ................................ 674-706 INFORMATION/MISCELEANEOUS: Preliminary Financial Report for the year ended December 31, 1999 as prepared by Gino Businaro, Finance Director ...................................... 707-708 Memorandum from Jim Fackler, Parks Director, regarding the 1998 dock payment of of Jim Albrecht, Devon Commons .................................... 709 E-mail from Jim Strommen, Kennedy and Graven, re: Right of Way ssues at the Minnesota Public Utilities Commission. Jim staffs the Suburban Rate Authority (SRA), an organization in which we are a member ............................ 710-712 D. Economic Development Commission Minutes of January 21, 1999 ............ 713-714 Eo Letter from Hennepin County Commissioners, announcing appointments to the Minnehaha Creek Watershed District ............................. 715-716 Information from the Hennepin County Assessor that was requested at the February 16, 1999, Committee of the Whole Meeting ..................... 717-721 G. Planning Commission Minutes of February 8, 1999 ...................... 722-733 Ho REMINDER: March Conunittee of the Whole meeting has been rescheduled for Tuesday, March 2, 1999, 7:30 p.m. The only agenda item will be a discussion regarding the community center. 535 MINUTES - MOUND CITY COUNCIL- FEBRUARY 9, 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 9, 1999, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. present were: Mayor Pat Meisel, Councilmembers Andrea Ahrens, Bob Brown, Mark Hanus, and Leah Weycker. Also in attendance were: City Manager Edward I. Shukle, Jr., City Attorney John Dean, City Clerk Fran Clark, Park Director Jim Fackler, Fire Chief Greg Pederson, Public Works Superintendent Greg Skinner, and the following interested citizens: Sandra Simar, Dotty O'Brien, Leona Peterson, Frank & Betty Weiland, David Rahn, Stan Drahos, Mark & Gina Smith, Pat & Irene Harrington, Renee LaFortune, Scott Mack, Jim Albrecht, Barb Casey, Mr. & Mrs. Bob Schmidt, Gene & Gretchen Smith, Becky Cherne, Gregg Knutson, Cathy Bailey, Bob Bittle, Frank Ahrens and Audrey Ogland. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. Councilmember Ahrens stated she would like to add on an item - the upcoming COW Meeting with the Assessor. Ahrens also asked the January 19, 1999, COW Minutes be removed from the Consent Agenda. *1.0 *1.1 :CONSENT AGENDA MOTION made by Ahrens, seconded by Hanus to approve the Consent Agenda, as amended. The vote was unanimously in favor. Motion carried. APPROVE THE MINUTES, AS AMENDED OF THE JANUARY 12. 1999. REGULAR MEETING. MOTION Ahrens, Hanus, unanimously. APPROVE THE MINUTES OF THE JANUARY 26, 1999, REGULAR MEETING. MOTION Ahrens, Hanus, unanimously. *1.2 APPROVAL TO REDUCE THE LETTER OF CREDIT - MAPLE MANORS. RESOLUTION//99-11 RESOLUTION RELEASING A PORTION OF CREDIT MAPLE MANORS SUBDIVISION LETTER OF '1.3 Ahrens, Hanus, unanimously. APPROVAL OF PUBLIC GATHERING PERMIT TO USE MOUND BAY PARK FOR WEIGH-IN. FRIDAY JUNE 4, 1999, DENNY'S SUPER 30 BASS TOURNAMENT. MOTION Ahrens, Hanus, unanimously. '1.4 APPROVAL OF OPERATIONS PERMIT - ZYGROVE CORPORATION. TO BE LOCATED IN BALBOA BUILDING. RESOLUTION #99-12 RESOLUTION TO APPROVE AN OPERATIONS PERMIT TO ALLOW MANUFACTURING, WAREHOUSING AND OFFICE SPACE FOR THE ZYGROVE CORPORATION LOCATED AT 5302 SHORELINE DRIVE (BALBOA BUILDING) Ahrens, Hanus, unanimously. '1.5 PAYMENT OF BILLS. MOTION Ahrens, Hanus, unanimously. 1.6 MINUTES. OF THE JANUARY 19. 1999. COMMITTEE OF THE WI-IOLE MEETING. Councilmember Ahrens asked to have the discussion of the dock plan that was adopted at the January 12th Meeting, following the Council Seating discussion, verbatim, in the January 19, 1999, COW Minutes. 1.7 PUBLIC HEARING: TELECOMMUNICATIONS TOWERS AND FACILITIES, CODE SECTION 350:1300, ET SEQ. (PLANNING COMMISSION WILL BE HEARING THIS ON FEBRUARY $. MINUTES FROM THAT MEETING WILL BE DISTRIBUTED TUESDAY EVENING REGARDING THIS ITEM. The Planner reviewed the changes that are being proposed. The Planning Commission recommended approval with one modification. The Planner and legal counsel felt that the language proposed by the Planning Commission was too narrow and did not offer the City the flexibility it may need for co-location. Therefore, they are recommending the modifications as proposed. There was some discussion on safety issues, if a tower were to fall. The following are the proposed changes: Section 350:1310, Subd. 5. is amended to read as follows: Section 350:1310. Subd. 5. Zoning Districts. A tower is not a permitted use in any zoning district. A tower is a eonditional u~c in Light Industrial (I 1) and Planned Industrial Area (PLA) districts. Tow~ 1. I ight ~ fl-l) and l~nmed hidushial Area (PLA) dislfil~ Section 350:1320, Subd. 2. is arnen&xt to read as follows: Subd. 2. Setba~ m:lU~anm~ A tower must comply with the following selt~ck nattfirenx~ts: A towe~s setlx~ n~y be reduced ~ ~ ~ ~ ~ ~ a ~ ~ ~ ifthe C~ ~ reasombly clet~ it mc~ary to a~ow better ~te ~,~mtion. Section 350:1330. is ~ to read as follows: 350:.1330. Heigla ~ A tower may not exceed thc lcs,~x of 125 feet in height, or a height cquivalmt ~o 10 morcfl~an thc~ from thc b~c of thc tmxcr tothcncarcst~t of any property linc. Measmement oftower height Section 350:1370. Subd. 2. is amended to read as follows: district, or the slate or federal government provided a conditional usc ~ permit has been issued by the city council and provided further that the owner of st~ a telecommunications facility, by writen certificafim to fl~e building official, establishes the following facts at the time plans are submitted for a building permit: Section 350:1385., Subd. 2. is amended to ~ as follows: Section 350:1390 is hereby added, as follows:. Sec6on ~ Variances. Subd. 2. Addilioml ~ In add,/on to comidrafion d' a ~/arme based ~ lhe ~ set forlh in Sectim 3.~.q30 dlhis Code into em~&~/o~, the city cmm~ may also grant a variance by ~ the 2_ 'Ihe ~ w~ not m~____e a lhteat to lhe pub~ healh. ~ or wdfare: ,, In lhe case d a request f~' modifieat~ d lhe maxim~ height lim~ hhat lhe ~ is mcess~ ~ (1) ~ co~ocation d~ ~ h ~to av~ ~ ~fa mw to~ ~-/l) Section 350:1395. h hereby added as follows: Fai~lre to ~ MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 subsiar/hi evidmce ~ined in a wren rewrd. AN ~ AMI~D1NG ~N 350:.1300 OF THE CITY CODE RELA~ TO ~MMUNICATIONS TOWERS AND FACIIA-Tll~ The vote was unaninx~y in favor. Motion carried. 1.8 PUBLIC HEARING: ONE YEAR REVIEW OF CONDITIONAL USE PERMYF APPLICATION RE: EARLY CHILDHOOD FAMII~Y I~UCATK)N ~ LOCATED ATSHO~ PLAZA. of the four stipulations for the use are operating well: 1. The drop-off point on Eden Road; 2. The parking in front of ~he building; and 3. The railings that have been ins~ed between the columns. Theonly problem seems to be the traffic omtrol measures in front of the doorway. Thetwo stop sigm app:ar not to be a real good traffic control measure. The Planning Commission reocnnmerded that there be additional control of traffic be installed. Their reconanendafion was a portable two-sided stop sign be placed in ff~e crosswalk in front of the building for better visibility. They also reco~ review of this CUP in anolt~ ymr. The Candl agreed. The student ~lafion of this facility has I-lanus moved and Weycker seconded the following resolution: ~LUTION g99-13 RESO~ TO APPRO~ AN EXISTING GONDITIONAL USE PERMIT TO AllOW AN EDUCATIONAL FACILITY (F..C.E.F.), LOCATED IN THE B-1 ~ D1SqI~C~, AT ~241 SHO~ DRIVF~ LOTS 7-20 & 26-35 & ALL VAC. ALLEY & PARKING AREA & PARK, BLOCK 1, SHIRIEY ttB. LS UNIT '0', laiD g13-117-24 34 0072, P & Z CASE//99-01 The vole was tmanimo~y in favor. Motion carried. 5 MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 Slan Dmhos, 5430 Three Point Blvd. slaled that over thenext 6 months hewould like to accomplish two thin~ 1. He spoke wilh regard to the ~ at the Hot~ of Moy. R would be a pole with an ann oflendi~ ove~ Weslonka ~ ~on (WRA) and Ihey will be bringing Ibis up a~in Io see if it can be put inlo action a~in. He will be bringing more information ovex the nero few months. Sandra Simar, 5910 Idlewood Road. Sheis theH_e~l_ Slart Manager of the Head Slart program lhat is housed in the Community Serdces Building. She slaled she has voled on two mfermdums lhat assured renomion of the RglaORT FROM JANUARY 30, 1999 ~G OF RgSIDENIS FROM THE DEVON COMMON AT ROANOKE ACCgSS RE: DOCK PLA~. Park Director, Jan Fackler, reported ~ a meeting of lhe ndghlxatxxxt (approximately 12 persons) was held on January 30, 1999. Heahowed an oveflx~oflheplanlhatwas~at the January 121h Cxaa~ Meeting, noting that theseare approximale center locatiom oflhe docks as lhey exist now. He explaimd that the dock spaces are detennired by dividing half thelineal footage ~ dther side of the dock. These may be off a little bit. Hethen showed~ ~ lhat was an allexnative plan put together by some oflhe individnal.q in lhe area as a result ofthe January 30th~ meeting. This allemale plan did not differ too much from what was appmvefl in January. Slaff was to go out and then mark those spots. Thiswas done on F~mry 3rd. The orange markers showed the approved plan. The blue markers showed lhe alternative plan from sutxavisimtoufilizeflxfirdockspace. In other words, thdrdock may not fit sgedfically in one area within lheir dock space. They may move it over be~___use of ~y; g~e of ~ or design of fie dock. (having to mahe Ihem ce~exed right oa the dock kxation space or so~ along that line), each dock would stay in fie curreat spot it is, at th/s time. They would still be wilhin lheir waler s0ace. The Ca~ dock is about 9 to 11 feet east of whexe it is shown m lie appmvext map, which puts it on the Commom in front of the Ahrens proixxty. dock site holder in the area. If there is not clear justification to move wilhin a water space, flxm lhe txa'son would not be allowed to do so. There is no ached in stme policy on lhis. People nom~y want to work lhis out and not infringe on Greg Knutson, 4701 Island View Drive, gave a presenlatim on the allemale plan which would leave a minimum of 46 feet between e~ dock. He laid the two ~s on top of each ottxx to show hhat the docks stay iaetty much hhe same but ~he MINUTES - MOUND CITY COUNCIL - FEBRUARY Approv~ 1999plan- 48 feet on lhe west sideand 66 feeton theeast side = 114 feet. ~lterna~plan- 46 feet on the west sideand 57 feet on the east side = 103 feet. Approved 1999plan- 66 feet on the west sideand 52 feet on theeast side = 118 feet. Alternate plan-57 feet on the west side and 46 feet on the east side = 103 feet 1995-1998 map - 42 feet on the west side and 74 feet on the east side = ll6feet. 1995-1998 map - 42 feet on the west side and 42 feet on the east side = 84 feet Dock was not in lastyear. CASEY DOCK SITE g421100 1995-1998 map - 44 feet on the west side and 42 feet on the east side = 86feet ~ber Brown poinled out that because of topography the Casey dock is actually 11 feet east of where it is shown on the 1999 approved plan, which lhen gives Mr. Harrington 55 feet on the east side of his dock and leaves Ahrens with 37 feet on the west side of lheir dock. Councilmember Brown poinled out that under the approved plan, only 2 docks were supposed to be moved, Albrecht and Smim and ~ are being flip-fl~. Ms. Casey would stay where she has been for 12 years and Ahrens would stay where they have been. He asked if lifts hasn't been a problem before, why is the allernale prqx)ml to move 7 clocks? Mr. Schmidt referred toaletter that he senttothe Cxxu~ regarding the CoamSl'slegal right to cringe fl~edock location map without a reeomma~tion from the Dock Insixx~ or review by the DCAC. ~ber Hanus did not agree wilh this and fdt the Cotmdl has lhe right to change the dock location map on its own. Cx~ncilmeml~ Weyckex slated that she felt the ordinanae was not followed very closely and she would like to see the City 7 MINUTES - MOUND CITY COUNCIL - FEBRUARY ~, 1999 The Park Dh~c~r did not know if there is a spot at Pembroke Park. Weycker slated that when the ~ w~s going l~ move the S__.~d_ dock last year,-~e Park Director staled ~ he does not know at this point, if there is an available site at Pembroke. Pat I-Iarrington, 4687 t~land View Drive. He asked if he could present his plan. The Mayor slated he ctmld not tmlil this discussion was over. Mark Smith, 4665 Island View Drive, slaled he is the one who requested lhe change in the 1999 dock location that was approved oll Janllary 12, 1999. He slaled lhat he realized in 1998 lhat hewas sitting in the mi&tle of both walex spacesa~ so all the &x:unentation from that point fonmrd is imam:t. It has never been cxxra:axt. The Park I)i~or slated that there was a letler of request, but it was never acled on. He explained that lhere was a stormin May and a tree fell and fl~e inslallafion of the Smith dock went in at about his current ~t, which infringed m the Abr~t time Albrecht had renled lhe dock spaee. At that time lhey looked inl~ where Smith's dock was and delenni~ that it was 4-6 feet into Albrecht's dock space. Then Mr. Albrecht was asked not to put in his dock even ~ he had paid the dock fee. Mr. Abrec3t agreed to let it ride through the year. Hefurther slated lt~ Mr. Smith did request a ~e but it was never Mr. Smith agreed with lhe plan approved on January 12th because he felt it was ~le. He felt the allernate plan would just aggamle an alre:ady lm~ si. ration ancl mahe it worse. He commenled that is someme is ~ on ammms, they should go by private ]akesho/e. Pat Harring~, 4687 1.4and VLwv Drive,(new residmt in June) presented the following plan and asked lhat the Cotmdl give the people a pmmnmt solution. MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 "Harringtom' position on dock locatiom from footage 41437 through 42129 (January 12, 1999 dock ~ map) do not have to revisit the placement of docks on an annual basis: Abutting spaces equals eight (8) plus ~he fire lane eqm!s nine (9) Non-abutting spaces not to exceed four (4): 42043 (Schmidt) - Cen~xcd at fire lane centerline 41956 (Ca~) Centered at ~ line 41790 (Albrecht)- . . . . 41477 (S~- " "" " No further comi~ for multiple docks hetwo~ 41437 and 42129 foolagcs." He suggested that everyone give and take a little to work this out. Hanus passed around a n~ that shows tbe sand bar aims directly off of the point, and there is a sunken i~land to the ~ ff you were to stand on the point and face the bridge between Shady 1.4and and ~ted Island, the sand bar goes directly toward the bridge, not toward the Mack property. Hartingt~ t~dout that under hisplan, no onewould haveto move. They wotdd all stay where lh~ areexc~ for Casey who could move either way to avoid having to deal with the trees if she was on center. He would not object to her moving He would like to see a lock on the number of docks and their location that go from Forester all the way to Smith on the other of the Roanoke firelane. Hanus s~xt that has alr~___y lxxm done and the number is 14 fromKudmtoI.atchcm. Brown suggested that if and when a plan is adoptal, that a survey be done and ~t podtions for these docks be daennir~ so this doesn't come up a~in. The Park Director slaled that if these were all straight docks it might beeasier but, fl~y are not. They can beL, HofU slmped and that can cause a problem. Would there be a centefing of the ~on on the prolx~ line? He asked if there was going to be some sort of limitation to the dock itself. He ~ that he knows the Albrecht dock is. going to be an H dock. Casey's dock is a straight one. Renee LaFortune agreed with the Harfington plan because he bm'tk~ is more evenly alloco__t~. She did not want to leave the meeting with lhe impression that if the diso~don tonight closes delermining where the sites along Roanoke Access will be at thispoint, ffnt the ndghborhaxt is happy ~_t~sejustresolvingtheam'mtpl,xanmtdoesn't fixthings. A year ago there was nombutting sites from peoples homes. She felt nombutting docks would be better in front of parks and open space rather than in front of people's homes. She would like to see a better solution to the problems. MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 aperson'smby ~ twodocks, not seven. Smilh askedifa solulion could be lodaxl in for oney~. Jim Albrecht, 4701Aberdeen Road, statedhejustwanlsadock. I-Ie relaled his saga of trying lo get one last year. Heslaled if he was getting the lale fees back I~ ~ of ntmabull~ and abullers is that the lake belongs ~o everytxxly. only asking for flae la~ fees to be retmnat ($65.00). The Can~ discussed that la~ fees and the dock fees but, did not take action girls time. Barb Ca~, 4604 Island View Drive, slated lhat he dock has bern in the same place for 12 years and she~ the predous owners and their dock was in this space for 20 years. She has a problem wilh the proposal if ~ ~ h ~ ~to a lot line because the access is not good. She would want to be able to shift if necessary ~ ~ ~ve ~ ~ ~ The Mayor staled there would have to be flexibility otherwise we would not be able to use this area as a dock space. The Mayor asked for input from lhe Camdl. Hanus slaled that he feels the ~ was dear when lhis plan was ~ on January 121h and that they gave clear direction Harrington's p~ ~ ~y ~ ~ ~ ~ ~ ~. He did not feel it was nece~ry to vote on the issue. concern was hck of water space for the nombuttem. The City A~'my suggeaext that if the only issue is the Casey dock, maybe that should be dealt wifl~ ~_,~__ of ~ up wi~ a definiti~ of center. ~ber Weycker was also conam~ about the Albrecht and S__te~_ dock. Mack voiced cottem about fl~e Albrecht dock because it is an H shag:d dock and that will infi'inge on Mack's water space. MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 centering? It's not where lhe dock meets the land and saying that's the centa'. If a straight ~k is put out it's not a problem u, H or Ldock, can causeapmblem when you ~Ikatx~cm~xing. His ~ is ~hat you have to ~y in your space regardless of what lhe shape is. He felt center needed to be defined. The Cotmfil a~in looked at the adopted 1999 plan. of Mr. Knutson's plan, beck__ ~t~e it gave everyone a little more room at his end. Frank Ahrem, 4673 Island View Drive Mdmssed the Coxdl and staled Ihat Mr. Harring~'s plan is pretty much lhe same as what was adq~. Hetaxtemrxxl what Ms. Ca~ was saying. Hedid not object to having Ms. Casey 10to 11 feet easterly of the Ahrem lot line. He would not like to see it moved any closed fl]an it is now. IT~ mzlermnding is that the 42043 (~) - Cemal~ at fil-e lane (mdedine 4L056 (C. az, y) C_.mlza'ed at pr(Ix~ line 41'/90 (All'edit - " "" " 41477 (Stead} - " "" " No ~ ~ for nmlliple docks bet~ 41437 and 42129 footage" the next two years. Weyd~ would l~e a ~ ~ to address th~ ~ about tl~ ct~ering by ~ ~~ Frank Ahrem slated this was O. K. wilh him and his dock is slaying where it has bern fc~ 23 years. The Casey dock//41956 would remain where it is. Albrecht is on the Smith Mack prqxaty line. 1999 plan anyway. 11 MINUTES- MOUND CITY COUNCIL - FEBRUARY 9, 1999 M_,~klmg0 feetto movc his dock. Hanus s~edlhereis40 feet~ ff~e Macksite (41750) and the proposed Albrecht site (41790). You can take two 20 feet spaces and butt them right up next to ev~ shows the sandbar or the lower area l~ be right off I.aForame's point. It is a line that runs off shore that shows minimum 10 foot or less from ahat point in, but it runs the whole ~ from that point all ~he way over to the channel it doem't show any ~, according to the ShefWs Dept. Frank Ahrens s~ed fl~t ~ to his wpies of fl~e Dock Location Map and he ~ the whole sand~ issue in 1977. The area wilh nodocks wasreally ~41650 0mForame) dock site and 41477 (proposed S~_~l__ dock site). The City Attorney suggested ~ an amendr~t which would locate the Albrecht dock on thc ex~on of fl~e prop~ line be~c~ the Mack/Smith prope~ provided that it is pos~ble to shift the Mack dock slightly to the east. In fl~e event that is not potable, then the Albrecht dock would bel~ at lhelocation shown on the January 12, 1999, approved Dock Location Map which would locate it slightly west of the Mack/Smith property line. Mack s~t he wants to stay where he has been for 11 years and does not want to move easlerly. MINUTES- MOUND CITY COUNCIL - FEBRUARY 9, 1999 called this to everyone' s ammtion. She s~efl that no o~e really wants to ~ll it like it is. She s~xi that Mr. Mackhas ag0 foot lot and he does not want any nonabum~ ~ spaee in fi'oat of his house. The City Atltm~ asked ff~ ~d c~ ~ ~. He asked ff ~ was diso~on in the motion about the shitt of the Mack dock location to ~ east in the event ~ that was pmdmt or pos~31e ~o do it from a water depth slandt~t so as to allow the Albrecht dock to be localed as close to the prqx~ line as posable? Was that part of ifBrown had aeo:pted it as lhe motion mak~ Mr. Brown slated that the way it goes is the way he slmed it. Brown. "We are accepting Mr. Harring~'s agreement. IfMr. Mack feels he needs a little assislan~, then hecan ask the Dock Inspector to work wilh us and we'll work with Mr. Mack, I'm sure we're not opposed lo hdping youout Let' s put ev~ down tonight, set it in grani~e as much as you can for the next two years and let the neighbors get along and figure it out and ifa neighbor needs ~ ~ so~, we'll work it City Attorney. ~t between that location and ~ Mack dock at Ihe location where it is currently penni__t~__ you get to lhe lot line, it's even shorter yet. In all lhe evidence I've seen, it would indi~_te absolutely the Hanus. "I have a couple of questions to ask the maker of the motion. First of all, I have to know what lhe difference is bawe~ this plan and what's already in place? That's the first lhing. Brown. "Well, this plan puts Mr. Albrecht m the lot line for one thing." Brown. "I took 41790 to be just offflae lot line." 13 MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 Mcisel. "That was my criteria." Ihnus. "Iflfinkit's~ The iment is to have it o~ fl~e lotline, right'? That~h~t~~m January 12th and we were using numbcrsfl~atwehad from Slaff that if you added it upand calo~a ~d down, what fl~e number is?" Weycker. "Unforamaldy, the time before that lhey were 15 feet. You know, It~ were ~ differmt again and then last year lt~ were 15 feet different Ihan the morerecent neasummmt. The Slaffis all over wilhin 15 feet so I don't know if I can trust fl:ese n~." Brown. but, sheis allowed to go 11 feet to fl~eeast, whcrcit has always been; Mr. Albrccht's penmnmt spot would beonlheSmilh/Mackprolxxtyline, and lhat would be my plan. Have John Camo'on go out and survey these stx~ so fl~at they come out on these lines and that's where it would be." Hanus. "O.K. Now, did you accept the ~t ~o define the cener sl~ce or ~ ~ it, exactlf.. Isuhatwhat it was, to identify?" Wcycl~r. "To define cen~ting. Ynn, Ithink,~it~. Due~odock~. Youknow, aTor H. comes out, but ga'tetrewill beback~ fl~at they don't like the definition. It'snot good to pass a motion ..... or lmSS a resolulion or a mo6on not knowing what lhe response h." Weycl~. "fun did say it. Can you repeat it Jim?" "WtexeI~li~lqx)gra~f. I think l did that in my memo a little bit, lastparagr~, page 1. WhereI.~id,' ..... as long as lhe site holder is allowed to adjust the access point due to dock Weycke~'. "That's good." Hanus. "And that's by whose inierprelation, lhe individual?" "No, basically, it's at the discretion of the Dock Inspector." Hanus. "And soitwillbebackhere. We know lhat. They'llaPlral. It's lhe same old thing. It' s going lo be back. " Weycker. "Wall, I think it's ~ than nothing a~ Mr. ~ said it best, I ~ it's a ~ sense issue, ffyou can't put your dock _beco_~_~lhere'satree~re, it should beconmon smse." 14 MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 "But lhat's my point. This is O.K. I don't have a major problem with it. I have a major problem wilh another ~ of that n~on. We'll get into that in a minme. I don't have a problem, a~lly, with whatMr. Harrin 's prqx either but, it's n0t the lzmanent s01u and people will be he , sumn , most likely with more complaints beca___u~ we didn't define things right or we dkln't. .... It' s never ending and I don't see fffis ending either. ~ Commems from unknown persons. "I don't have a problem with it but, I think Mark said it best One year it's 15 feet one way and next yearit's 15 feet the other way. I would like lo see it surveyed. If we're going lo go of lhe lot lines. I want to know where my lot lines are so it's not quesfi~le and also how far up does lhe Commonsgo. Where should the tzople be walking lt~ are nonabulle~ ..... ?" but, I'm not crazy about spending the rnc~ to go out and survey. How many properaes ~ we have here?" Comment from the audience about how much mom'y there is in the Dock Fund. "That's no excuse to go out and throw the money away, eilt~er. ~ point is, we have the irons out there. We don't have to resurvey. We've got bcn'ded~_~, licensed surveyors that have done it already. Why do it again? We just need to find out where tht~ points are." Fackler. "I've bern over this area a few times in the last few months and I know where a number of lhe .... I know where the Knutson/Smilh is, lhat coma'. I know ~bo~ sides of the Han/ng~'s is. I know the access poims. I've found these many times over the last year or two. Iknowthe Ahnm's. I know the Smith's." "The c~e you have a problem with and I was just getting to that, is the one up on the Smith/Mack, where there is a lift slafi~ there. There is too much metal. I do have a problem finding that one. go to Kuehns. Iknowwlx~lhatoneis. I've been over this manytimes. Icanslakeit. What~ or not those irons have beea ~. I can't verify that. A surveyor will vedfy that but, Ican prd~ly get 90% of the slakes that are out lhere." "One otl~ point that I warned to raise about lhe maitre, fl~at I cannot mtlxm and thatis flfisideaoflocking it in for 1 year, 2 yearsor 5 years. The Catm~ should be awarethat ifwedo lhat weare fooling tan-sflves and we're fooling fl~e people out hexe because ~ ~'t lock us in. ff we want to go in and change something, we go in and change ~ and to pass a motion lt~t says we're not going to, doesn't sl~p us from doing it. SoI~*finkit'snotgoodpracficetodoflmt. The inent is fine. The immt is good but, the result won't be there. It doem't kr.k us in and I don't want to suggest ~ anyone sitting out hexe that it would, because it won't." MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 Meiscl. "That's a scary ltxx~ght, Mark." Hanus. "Wdl it's true ~. Meisel. "I lhink B~, you came up wilh lhe two years strictly because this Council ~'t be changing for two Hanus. "Yeah, andI~that. I'm looking atothcr things such as damage lo an area, a tree fl~ goes down. flexible kr~k in? Hardnglm 'A ~lamity of nature, I think would bring it back for di.ga~on and we would have to revisit that. this to go f(gward wilhreasomble~my~~~~. That's the risk that City Attorney. "One suggestim that is used as a sort of quasi lock-in some dries on ma _tters such as this, wrmld be for example, to say that for fl~e two year period following the adoption of ~ ~ing, it ~n be modified or altered only by a 4/5 vote of lhe entire City Cxamdl. In olher words requiting an Brown. "I'll amend to lock it in for two years, wilh a 4/5ths vote of ~ to amemt it, for unforeseen ~m~. City Atlrgr~. 'My suggestion was that the 4/5tbs vote simply be the way that you would be able break the lock-in and that you wouldn't need to artio~hte and advance any reasom for that 4/5th's vo~e. Hanus. "So Ihere's no lock-in. But the criteria to make a change is a 4/5th's vote? City Attorney. "Just four mmibers of the C(amdl, to vOe in ~ situation. But it would, of crxn'se, apply in si,_,_ti_'ons like lflat, as well. As you probably know, four ~bers voting the same way is a difficult situation.~ O.K. Two years and a 4/5's vcle to change anylhing. Are the people in agreement?' Hanus did not like the 4/Sths vote to required to make a dmge. Someone in lhe audience. 'You don't even have even 5 people voting on this issue.' The City Ammey pointed out that there are 4 peq~ voting. That's 4/Sths. The City Clerk asked if the following was Co~:ilmeml~ Brown's motion: To accept ~~ ~ ~ ~Ms. theHaningtm Phncalls for whichwasprettyc~~~ January 12th Plan. Allowing theStead dock to be pla:ed MINUTES - MOUND CITY COUNCIL - FEBRUARY ~he~~whatwould~withcentefi~H,U&Lshapeddoeks. Howtheeenterisde~nfined. Faclder ~{ated that would have to be detenni~. The majority of the Council ~ ~ c~tering ~ to be fle~'ole. Hanus. "You den't have to do that. That's already there." "Add, no furth~ ~ for tmdliple ~ Add ~ spaces mt to embed four. Add, not lhe lock-in but, the 1 year m' 2 yems and a 4/Sth's vo~e to change it." We3el~. '~herwi~ what I just said coukl be a mofim? Did you want to amaid what I moved." The We3n:i~ Imtion ~ for lack of a secaxl. 2. And a om year iock-~ wilh 4/5th's ~f lhe C_zumi] v~fing to clml~ it. The City Clerk read ~ motion back to the Cotm~. 'Ihe v~e ~n the nmtkm was 3 in ravin' with Ham~ vc~ng my. 1Vlotkm ~ MOTION made by Brown, setomled by Weyci~ lhat Mr. Al~cht g~t his ia~ fees hack fi'cra last year. Hanus ~ he feels that is preferential treatment and we don't do that with olher folks. He ~'ated he will oppose IMt motion, beck_ _-~ it sets a lerrible pnxedmt. TheMayor aslaxt when Mr. Albrecht's~~last year was submitted. The Parkdireclor slated he would have lo look that up. He thought it was sometime in early August. The Mayor slaled that was mfler MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 The vc~ was 2 ~ favor wilh Ham~ and M~d vct~g my. 1.11 RESOLUTION 99- RESOLUTION REGARDING VARIOUS MATIERS RE~TING TO THE PROPERTY OWNED BY ~NKA I~BLIC SCHOOLS (WHHDRAWAL FROM WEglONKA COMMUNIrY withdrawing, formally, from ~ project. They directed the City Attorney to prepare a resolution of wiflxirawal for ~ken to withdraw. that Westonka School Board Member and WCCB Member, Bob Bittle, is present. The Mayor asked if lhere was anyone in the audience w~ wished to speak. Audrey Ogland, Coordimt~ for Meal On Wheets inthearea. Shedicln'tunderslandwhyt~rmovalion~notgoingforward. Didn'tlhevotemakea~. The Director of the H__e~_ S~rtprogram~theCamdl. She felt fl~at a political game is being phyed. Itwasher MINUTES - MOUND CITY COUNCIL - FEBRUARY undermmding that we were moving f~. We've been ~ with architects. As the Head Slart program, weweretold mtr3 our share of expense was going to and she budgeed for in the fi _m . H~' concern is lhat lhere are 34 fame'es and children w~ she may have ~o ~dl the program is going ~ have to stop qxaati~ of ~ H~ S~ ~. 'she would have known six months ago, she could have s~rled looking for othex places. She would have been able Ir) start could be passed and the~ newly elected officials can ~e what lhe people said they wan~l. The Mayor slaled lhat it is not just newly elgaed officials. We have all lalked about it as a group and are trying to corne ~o a consensus. This resolution has not txen passed. "I am lart~ly fl~e only one who is sitting here that is in the tamdats posilion of saying fl~at I am one lhat's dmgat my mind on lheproject. I ~it early on and over time, I've been loosing inlerest in it and partioflarly toward theend offlae year, I lost interest. There have been lhings thathave~ along theway, that have~ me but, we've moved along. One of lhe first things that hapgxa-~ was in lhe sdection of the architect. I'mnotgoing~ go lhrough lhe whole story of what ~ but, lhere were some things doing on that. ...... I'm not pointing any fingers at anylx~ beco___use I can't but, there's ~~~~ ~ abitofan ~ ~~ ~ ~ may havebeen~ wrong going on but, the appmrance of it wascerlainlylhem. Oneofthe more recent things in December. Thoseofyou who are famil~ with Uheproject, knowthat one of the lhings required was lhat for the property was pm'dkqs~ by the School District. The WCCB ~ the imrchase of that property but, wilh lhree conditions, two of which were never met and even on the night before closing, I even forewarned some members of the board, the School Board, lflat you can buy the property if you want but, the condi~ons haven't been met. The WCCB hasn't approved it yet. You're doing it at your own rislc Well, fl~y ~ to go ahead and do it but, now people are going to be moving out of lhat property. It'sbeen~. They have to move and the Scbool District has to pay to move them. The tolal sale price was about twice what lhe property was worth, when you include the mm, ing costsand it's all for naught now. Itdidn't seemto make a lot of seme lo mebut, things went ahead anyway. Another ltfing that's ~ me is Ih,at, as you know we have roughly $9.2 million dollars that's budgeted for project. Recently a new budget was prepared for this project and it was over a million dollars over lie $9.2 milh'on dollars. I've always considered this project, be it right, be it wrong. I've always considered it about a $6 or $7 million todo? The first thing is, you start cutting and it'sbeen cutover a million dollars alre~____y and there's morecuts to come, probably quite a few more to come. A lot of people have lhe impression that this site is going to look different when it's done and when you drive by there isn't going to be anylhing different. Anylhing Ih,at you'd nO/ce, really. I'm getting more citizens come aflea' me and commenting that, 'I voled for ahis plan or lifts project but, I didn't vote for the plan that you have out there right now and I'm ~ to it.' That hits home and bolters me. I'malso concerted by the lack of reighbor~ communities financial involvement in the project. I think uhat was kind of necessary forit~ogo. We had hopes that we were going ~o be able ~o get them on board but,~yet. Theonly portion of it. The amount of ~ to the City' s portion of contnbufiom is nil. It really won't make any impact at all. Many of the currmt users in lhere, who would plan to be the future users, arechoking on thenumbers thatlhey're hearing. Again, earlyon, Iwasoflhepercep6on, beitfight, beitwrong, that we were going to, atleast, beable to get our lenants to pay for the heat and lights in lhebuilding. But, many of them, itis~ now, fi'om the respomesis~~even come close to that. Oneuser, (I'm not surewhoit was right off hand) but, oneof totha[ They're getfing a free building but, ~ey can't even pay ~he heat and lights. It' s not their fault. It's the simation we're faced with so I'm 6~___~y afraid of completing lhe project and having the City sitting there with a bunch of The City has levy limits. Wecan't, in oneyear, bylaw, miselhe lax levy enough, ifwe go to our lirnit, just ~pay for our portion of that. It would lake, at least, acouple ofyears ofmaximum levy limits and I think this year it was somewherearom'd 151o 18percent. I think if we did tha[ we would be hung. All oflhat's been going on. Ihad 19 MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 a recent nxefing at tbe Hopkins Cenler for the Arts. A brand new building. Ayearandabalfold, ~lil~ that. I had a lour of that building and it shtm~ me what can be done for 31o 5 million dollars. It's just amazing. It's amazing what fl~ building looks like and if you get a chance, go ~ ~. I couldn't ~ ~ ~ ~ that amount of tmm'y. Now, it's ctmidembly smaller ~ this sile but, it'ssomw, hnxaeeffx:ient. NotonlyMan an energy txxsIx~ve but, space ~, that when I walked through it, it felt like it was iaactk:ally as big as Ibis whole site and it's way less li~anl~the space. I__aSdi_'tion to that, the lolal ~t of money that the City of ~ dmatiom, and things offl~ sort and flx~e was a ca~ofloans made. But, now that it'slxfilt, the City conmbules new fadlity, is about $30,(~. Really, right now, and I truly believe ~, and I'm really ofthe~, li~t we L~ecl~ for the average Joe. If you're not a smior, ~ im't a lot in flx~-e for the avexage mt~yex tl~'s going ~o pay fl~e want. But, therearerevmuegenemting sotn'o~~u~, liaat can use fl~t building, fl~at's the average Joe. Beit meeting rooms, party rooms, conference moms, things of lhat sort tMt don't really comp~ wi~h mr local to slart ~ my position andI feelI owe fl~at to my comtilnmts and the cilizms, since I'm sitting here and I Mve changed my posilion." properly and effidenfly." Someone asked iflhe City of Mound would like ~o put up a building like that because I'm sure that the Schod Dislrict ~'t want to have anything to do with that? I Ianus. "We haven't had lhe opportuni~ to have discussions, although I lhink everyone today." Sometme comn~ted that the building serves a lot of people in a ~ Audrey, from Meals tm Wheels, commenled ltey serve meals to over 8,500 people a year. "I don't think anyone would argue with what your saying and I don't think anyone diminishes at all fl~e functions that happm in mt building but, from a~~ve, I don't fftink the City can afford it. Idon't seeadx~in ffema~r. We don't have the momy ~o do it. That's only my opinion." The Mayor asked for any offer mmments. Weycker. "I s~ared out not nec~_~y thrilled with the plan as it was. I would have liked to see the pods gone but, lhe way things worked out, I felt like we did have a good ~ I feel bad that we spent so much time and met~ m it already. There was going to be a kitchen, auseablekitc~, and a smioremler there. There~~~a a lot of lhe things Mark is pointing out in the new cenler. I don't think I have enough suppoa on this Council Io 20 MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 project continued because I c~'t think we have another plan in mind and I lhink M~ really needs a Community don't have the w. lxx)l ~ and I can guarantee you, people fi'om ~ and St. Boni, and Spring Park are going I~ come and use it. So, tome, t~ havethe sclxx)l district asal~Ctna' wifl~ usin this project, was agreat idea." you've been involved in the disoassi~ and it's been a concem along Ihe way. And how do we account for that?. And we were lalking about restrict~ of people who didn't live in ~ area or work in a parti~ community. Itoo, fdt we almost had to do that and it didn't feel good. It didn't feel good. That's not conducive ~) a community center. But, lt~at's what we were kind of forced into doing. Yet, the tact in Hopkins, for example, is completely different and it's successful. I struggle with it, as well but." Weycker. "And in no way would I want to restrict it from other communities either. I think a lot of the concerns at the Monday night meeting when we met with the Planning Commi~4on and the School District, were: Why are the Mound dtizens having to pay double for Ih,at? Those were just some ways Ih,at we were going to address lhose ctmtxa~ bec~___~_t~ people did have concerns about that. I I~o, think we are a community and we're very small cities around here. If we built a ~ommunity center and Spring Park built a community center, ~ is just crazy. We're definitely doing our taxpayers and injustice if we do things like ~ And ac~__~_~y, I don't think it was us that came up with the plan to have to charge other people to come in. It was comerns fi'om the outside coming in and I think you heard it at that meeting. That the City of Mound was going to have ~o pay double is what they kept saying. Well, it wam't quite double. It was not all, though, is what we're going to have to pay if we do our Brown. "beah, one of the things you said was that, it was a good project to have the wJxx)l ~ or district as a equal ~. When you look at it, from the maintenance side, the school wam't an equal l~rtner. The residents of Mound were having to pay 50% right off the bat of the maintmance costs and then because M~ was lhe biggest half of the other half, we were responsible for anofl~ half of lhe other half. So the dtizens, laxpayers of Mound got stuck with 3/4 of lhe total maintenance cost and when you say they slxxtld be an equal ~, that doesn't sound very equal to me when our dlizens have to come up with 3/4 of the mainlenance all the time." Weycker. "Actually, the maintenance agreement was fifty fifty. Brownt! "Well lhat's not the way it went, afterwards. But, secondly, the Monday night we sat here, as a Coundl, the new peopleand mysdf, and looked across the board and ~d tothepeqg, e. Hey folks, what wo~d it lake for usl~get WCCB. We'll all get on board with you. We'll go wilh a new plan and we'll get rid of the pods, but we'll keep the old school, iflhat's part what you really wanted, and they looked at us and said, no, we won't do thru. So, I guess, when the line's drawn in the sand, and they say no, we're pretty much where we're tonight." "I have a oommmt on the resolution, if we're to lhat point. The very last line of the very last pamgta~. I'd like to offer a ~e to that. It mentions the distfict and a pledge to work with them and that's fine. But, really what I had in mind was a little more global eomnmt. Here's what I would like to say, that the last sentax:e would say.' MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 needs d lhe dlin~ ~ lVlc~umt." "It's a little more generic slalemcnt. It allows us Io work with the dislrict or anytxxty else, or the lea,ants, or whalL:N~." ~l. krllON~14 RESOLUTION REGARDING VARIOUS MATrgl~ RELATING TO THE PROPERTY OWNED BY WES'YONKA ~ SCHOOLS (PID g14-117-244100109 //14-17-24 41 00119 g14-17-24 41 00529 g14.117-24 41 00589 & 14-17-24 44 0007) P & Z CASE ~S ~64 & 9gO The vote was 4 in favor wilh Weycker voting nay. Moticm carried. Brown s~ed tMt fl~is is a new Coundl ar~ fley offerat to w~rk wi~ flae Sdxx/Distfia at lhat Monday ~t ~ ~ were told, no. 19~ DEPARTMENT HEAD ANNUAL REH3RTS: JIM FACKLER, PARKS DIRECIOR: GREG PH)ERSON. FIRE CHII~: GREG SKINNER. PUBLIC WORKS SUPI~INT]~D~ and FRAN The following Depmnxmt HeMs presented their 1998 annual reports to the City Coundl: Jun Facldex, Park Director;, Greg Pederson, Fire Chief, Greg Skinner, Public Works Sutxa'in~t; and Fran Clark, City Clerk 1.13 ADDON ITEM: ~G WITH THE HENNEHN COUNTY ASSESSOR INFORMATION~US: A. ~t Head Money Repom for January 1999. Eo MINUTES - MOUND CITY COUNCIL - FEBRUARY 9, 1999 LMCD Exeo~e IYm:aogs Newsle~. Dock and Comnx~ Advi~ Commis_6m lVfint~ of January 21, 1999. North Saundcrs Lake developn~t trc93x:t February 10, 1999, 6:00 P.m., Mound City Hall. INDER: Committee of the Whole Meeting is Scheduled for Tuesday, February 16, 1999, 7:30 P.M. ~ER: City Offices will be Closed Monday, F~ 15, 1999, in ~ of President's Day. POSC will in~:xview the Applicant on ~hursday, February 11, 1999 at 7:30 Pm. You are Invilefl MOTION made by Aim~ , seconded by l~wn to ad~ourn at 12:25A.M. 'lhevo~ew~manl,ma~in favor. Mo6m carried. Ndward J. Shulde, Jr., City Manager Attest: City Clerk MINUTES-COMMITTEE OF THE WHOLE FEBRUARY 16, 1999 The meeting was called to order at 7:30 p.m. Members Present: Mayor Meisel and Councilmembers Ahrens, Hanus, Brown and Weycker (arrived 7:45 p.m.). Also Present: Keith Rennerfeldt, Hennepin County Assessor's Office; Kim Jensen, Hennepin County Assessor's Office; and Ed Shukle, City Manager. The following individuals were also present: Frank Ahrens, Irene Harrington, Pat Harrington, Kimberly Krause, Leona Peterson, Mark Smith, Gina Smith, Stephanie Brazil/Folstad, Jeffrey Brazil/Folstad, Laura Brazil and Jessica Brazil. Property Valuation Process/Procedure - Hennepin County Assessor's Office Keith Rennerfeldt and Kim Jensen were present from the Hennepin County Assessor's Office, to discuss what the property valuation process/procedure is with regard to assessing property in the City of Mound. Keith presented information with regard to the 1999 assessment and provided several different statistics about growth, increases in value, etc. Questions focused on value of property as it pertains to commons v. private lakeshore. Some statistical information was shared and Keith indicated he could provide additional information as needed. Proposed Redevelopment of Mobile Home Park in Mound and Minnetrista Ed Shukle indicated that a developer has a non-contingent purchase agreement to buy the mobile home trailer park which is located in Mound and Minnetrista. The developer was supposed to attend this meeting to present the concept of building new twinhomes in this area. He had been in the City Hall building earlier in the evening but when the Council got to this item, he had apparently left. More information on this development will be available at a later date. Community Center Ed Shukle presented a list of questions, for discussion purposes, regarding the city's interest in building a community center. The Council expressed the need to help facilitate relocating community tenants who currently occupy the Westonka Community Center. However, the Council did not believe that the City had any financial obligation to these tenants with the possible exception of the public access studio. The Council did express the need to pursue a community center but was uncertain, at this point in time, what the definition of a community center is. Therefore, this question must be thought about more and further discussed. Consensus was to schedule this item for the March COW meeting. Since a majority of the Council was going to be absent for the regular COW meeting date, the March COW meeting was rescheduled for Tuesday, March 2. This will be the only agenda item. The City Manager was asked to compile information that had been developed during the School District's first task force of 5 years ago. This would include the survey information and other data developed at that time. COW Minutes February 16, 1999 Page 2 Select Date for Annual Spring Cleanup/Recycling Day Shukle suggested that Saturday, May 1, 1999 be the date for this event. The City Council agreed but the location has not been determined. Three possibilities discussed were Lost Lake (if it is available), behind the old Mound Bank near Lake Langdon and the public works site at Minnetrista. Other Business Shukle asked if the City Council did want the City Attorney to respond to a letter written by Bob Schmidt, a resident of Island View Drive on Devon Commons. The City Council consensus was to respond to the letter. The City Manager did provide a draft of the letter previously for the Council to review. Some comments were made about the letter and Shukle was going to contact John Dean with changes. A revised draft will be sent to the Council again before it is sent to Mr. Schmidt. Discussion also focused on the need to respond to letters from citizens and to do so on a timely basis. Discussion also focused on the need to review the City Manager's employment agreement and to discuss goals and objectives for the City Manager to attain. Also discussed was the overall performance of city staff. The City Manager had provided copies ofjob descriptions for department heads and the Council indicated that they would be reviewing these descriptions as well as the city manager's employment agreement in preparation for the April COW meeting. Councilmember Brown asked that a coffee and donut get together with local businesses be held once per quarter at city hall. It would give the businesses in Mound an opportunity to share their concerns about business related issues and the city government. It was suggested that the first get together be held on Tuesday, April 6, 1999, 7:30 a.m., Mound City Hall. Invitations will be sent to local businesses to attend. Upon motion by Ahrens, seconded by Weycker and carried unanimously, the meeting was adjourned at 11:40 p.m. Respectfully submitted, City Manager February 23, 1999 PROPOSED RESOLUTION #99- RESOLUTION TO APPROVE A FRONT YARD AND SIDE YARD SETBACK VARIANCE IN ORDER TO ALLOW FOR CONSTRUCTION A CONFORMING ADDITION AND ATTACHED GARAGE, AT 5444 SPRUCE ROAD, LOTS 46, 47,& 48, BLOCK 2, LAKESIDE PARK A L CROCKERS IsT DIVISION, PID# 13-117-24 32 0164 P & Z CASE #99-02 WHEREAS, the applicant, Steve Jilek, has applied for front yard and side yard setback variances as listed below in order to allow construction of a conforming addition and attached garage at 5444 Spruce Road; and, WHEREAS, the following lists the requested setbacks: Existincl/Proposed ReQuired Variance Front yard 28.53' 30' 1.58' Side yard 6.03' 10' 3.97' ; and, WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, 60 feet of lot frontage, front yard setback of 30 feet, and the balance of setbacks as listed above for lots of record; and, WHEREAS, the proposed addition would be built in a conforming location and would meet all required setbacks; and, WHEREAS, the hardcover after construction will be at approximately 18 percent for this lot of record which is allowed up to 40 percent with an approved drainage plan; and, WHEREAS, the owner of the fences located on the property be verified and if needed, obtain easements for encroaching fences; and, February 23, 1999 PROPOSED RESOLUTION #99- RESOLUTION TO APPROVE A FRONT YARD AND SIDE YARD SETBACK VARIANCE IN ORDER TO ALLOW FOR CONSTRUCTION A CONFORMING ADDITION AND ATTACHED GARAGE, AT 5~.~.~. SPRUCE ROAD, LOTS 46, 47,& 48, BLOCK 2, LAKESIDE PARK A L CROCKERS IsT DIVISION, PID# 13-117-24 32 0164 P & Z CASE #99-02 WHEREAS, the applicant, Steve Jilek, has applied for front yard and side yard setback variances as listed below in order to allow construction of a conforming attached garage at 5444 Spruce Road; and, WHEREAS, the following lists the requested setbacks: Existing/Proposed Required Variance Front yard 28.53' 30' 1.58' Side yard 6.03' 10' 3.97' ; and, WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, 60 feet of lot frontage, front yard setback of 30 feet, and the balance of setbacks as listed above for lots of record; and, WHEREAS, the proposed addition would be built in a conforming location and would meet all required setbacks; and, WHEREAS, the hardcover after construction will be at approximately 18 percent for this lot of record which is allowed up to 40 percent with an approved drainage plan; and, WHEREAS, the Planning Commission has reviewed the request and has unanimously recommended approval of the variance recommend by staff; and, February 23. 1999 Jilek - 5'!.44 Spruce Road Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance of 1.58 feet for the front yard and a 3.97 feet for the side yard as recommended by the Planning Commission in order to construct a conforming addition with the following conditions: The pile of debris sitting in the proposed garage location be removed from the site prior to building permit issuance. The City Council authorizes the alterations set forth in this resolution, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in the resolution remain as lawful, nonconforming structures 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 improvements: Construct a conforming attached garage to the existing dwelling. This variance is granted for the following legally described property as stated in the Hennepin County Property Information System: LOTS 46, 47, & 48, BLOCK 2, LAKESIDE PARK AL CROCKERS 1s'r DMSlON, HENNEPIN COUNTY, MINNESOTA. 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. February 23, 1999 Jilek - 5444 $1~ruce Road Page £ WHEREAS, the Planning Commission has reviewed the request and has unanimously recommended approval of the variance recommend by staff; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance of 1.58 feet for the front yard and a 6.03 feet for the side yard as recommended by the Planning Commission in order to construct a conforming addition with the following conditions: The pile of debris sitting in the proposed garage location be removed from the site prior to building permit issuance. The City Council authorizes the alterations set forth in this resolution, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in the resolution remain as lawful, nonconforming structures 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 improvements: Construct a conforming addition and attached garage to the existing dwelling. This variance is granted for the following legally described property as stated in the Hennepin County Property Information System: LOTS 46, 47, & 48, BLOCK 2, LAKESIDE PARK A L CROCKERS 1 s~ DIVISION, HENNEPIN COUNTY, MINNESOTA. 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. Mound Planning Commission Minutes February 8, 1999 MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY, FEBRUARY 8, 1999 Those present: Chair Geoff Michael, Commissioners: Orv Burma, Jerry Clapsaddle, Becky Glister, Cklair Hasse, Michael Mueller, Bill Voss, Frank Weiland, and Council Liaison Bob Brown. Staff present: City Planner Loren Gordon, Building Official Jon Sutherland, and Secretary Deb Hawkinson. Public Present: Mr. & Mrs. Jorj Ayaz (4844 Island View Drive) and neighbors, Mr. & Mrs. John Smith (5189 Emerald Drive), Mr. & Mrs. Steve Jilek (5444 Spruce Road) and neighbors. Chair Geoff Michael called the meeting to order at 7:30 p.m. MINUTES - APPROVAL OF THE JANUARY 11, 1999 MINUTES OF THE PLANNING COMMISSION MEETING. MOTION by Mueller, seconded by Weiland to accept the minutes as written. Motion carried 9-0. Building Official Jon Sutherland asked to add an item to the agenda. Agenda item 1C will be a Variance request on 5189 Emerald Drive. The Chair accepted the addition. 1. BOARD OF APPEALS: CASE # 99-02: VARIANCE, FRONT YARD AND SIDE YARD SETBACK VARIANCES, TO CONSTRUCT A CONFORMING ADDITION AND ATTACHED GARAGE, STEVE JILEK, 5444 SPRUCE ROAD, LOTS 46, 47, AND 48, BLOCK 2, LAKESIDE PARK - CROCKER'S PID # 13-117-24 32 0164. City Planner Gordon presented this application for a variance. This applicant has submitted a request to add a conforming two-stall attached garage to the existing house. This is a one and one-half story house with no garage at the present time. It is proposed to covert the existing basement into one garage stall and put an addition on that will house the second stall. Above the second stall, the applicant has proposed a deck. Currently, the house sits 28.53 feet from the front road. A setback of 30 feet is required. Therefore, the applicant is asking for a variance of 1.58' on this side. The side of the house sits back 6.03 feet from the side property line that has a required setback of 10 feet. Thus, an additional variance of 3.97 feet is requested here. There is sufficient open space on the property to meet hardcover guidelines. Additional issues consist of some fences and a retaining wall on the property; the ownership of which is yet to be determined. The fence on the west property line and Mound Planning Commission Minutes February 8, 1999 concrete retaining wall sections along the back side of the property appear to be the neighbors, however, are on Mr. Jilek's property. Staff recommends that the owner of the fences be verified. If they are the neighbors, an easement should be secured, as it should if they belong to the property owner. Since there are no issues with the plan other than the variances requested, once the ownership issue on the fences is determined along with the clean up of the debris on the property. Staff recommends approval of the variance request. DISCUSSION Weiland asked if once the addition would be placed if the lot is subdividable. The answer to that question is no, the lots cannot be further subdivided. Clapsaddle asked Gordon what the issue was in identifying the owner of the fences and retaining walls. The owner of the property, Mr. Steve Jilek, and his neighbor were present at the Commission's meeting. The neighbor indicated that the fences were indeed his. However, they do not jog as shown on the survey. Also, on the survey is noted a fence along the north lot line. This neighbor explained that the previous owner of 5444 Spruce Road had torn this fence out and it no longer existed. This answered Mr. Brown's question. Voss asked why the Staff recommended bringing the fences into compliance and not the concrete retaining wall. Gordon explained that fences are "easier" to move and that often retaining walls are holding back earth that is of benefit to both properties and is more difficult to move. One option would be to obtain an easement for the concrete retaining walls. Mueller asked about openings into the garage. He asked if the walls and ceiling of the garage would be a 2 feet x 6 feet firewall and if the door was rated 1R for fire protection. Additionally, there is a closet on the building design. He wanted to verify that this indeed did face into the house. The structure of the walls and openings into the garage are conforming according to Jon Sutherland. At this juncture, Weiland asked Sutherland and Gordon that when a building permit is applied for, could the applicant be asked to put house numbers up on the property so that Commissioners, when reviewing the property, can identify it properly. Sutherland indicated he would check into the best way to do this. He does understand Mr. Weiland's frustration in finding the proper location to inspect. MOTION by Mueller, seconded by Clapsaddle for the Planning Commission to move Staff Recommendation of approving this variance request as proposed. Motion carried 9-0. PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: February 8, 1998 SUBJECT: Variance Request OWNER: Steve Jilek- 10057 Oxborough Road, Bloomington CASE NUMBER: 99-02 HKG FILE NUMBER: 99-5b LOCATION: 5444 Spruce Road ZONING: Residential District R- 1 COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant has submitted a request to add a conforming two-stall attached garage to the existing house. The associated variance request is listed below. Existing/Proposed Required Variance Front yard 28.53' 30' 1.58' Side yard 6.03' 10' 3.97' The house is located at 5444 Spruce Road in an R-1 district. The lot is conforming to district area and frontage requirements. Current property improvements include a 1 ½ story house as shown on the survey. There is not a garage on the property at this time. As proposed, the existing basement will be converted into one garage stall and the addition will accommodate the second stall. A deck is proposed over the second stall. A large pile of construction debris sits on the spot where the garage is proposed. Other issues on site include a wood fence on the west property line that appears to be the neighbors. The finished side of the fence is facing towards Mr. Jilek's property. The fence starts out at the property comer in conformance and jogs out 1.4 feet in the side yard. Also, two concrete wall sections along the rear property line encroach 0.5 and 0.3 feet respectively onto the property. They also appear to be the neighbors, although they serve both properties. A hardcover calculation sheet was not submitted given the large amount of open space. Staff made a rough calculation for the site after construction factoring in a two lane driveway and 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 #99-02 Jilek Variance Request January 8, 1999 sidewalk to the front door and found the site to have approximately 18 percent hardcover. COMMENTS: A variance can be granted in Mound only on the basis of a finding of hardship or practical difficulty. Under the Mound Code, variances may be granted only in the event that the following circumstances exist (Section 350:530): A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size' or shape, topography, or other circumstances over which the owners of property since enactment of the ordinance have no control. B. The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. C. That the special conditions or circumstances do not result from the actions of the applicant. D. That granting of the variance request will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. E. The variance requested is the minimum variance which would alleviate the hardship. F. The variance would not be materially detrimental to the purpose of this Ordinance or to property in the same zone. The proposed addition is conforming in all respects which is the aim for all new construction. There is not currently a garage serving the house so the proposal meets a residential property need. Given this, there is reason to find a practical difficulty exists that would warrant granting of a variance. The existing fence and retaining walls, although encroaching on the property, do not appear to be the applicant's. If this is true, there is little that can be done as a part of this request to bring the encroachments into conformance. If however, the fence is the applicant's, Staff would recommend the encroaching portion be brought into conformance or an easement be placed on the adjacent property at the applicants expense. The retaining walls along the rear property line also appear to be the adjoining neighbors although they do serve the property. Staff would recommend that no action be taken and they be allowed to remain. RECOMMENDATION: Staff recommends the Planning Commission recommend Council approval of the variances as requested with the following conditions: 1. The pile of debris siting in the proposed garage location be removed from the site prior to building permit issuance. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: Distribution: SUBJECT PROPERTY LEGAL DESC. PROPERTY OWNER VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 ~AN 2' ~. 1999 Phone: 472-0600, Fax: 472-0620 ff~O ApplicationFee: ~-~-~ City Planner ~,~-~ DNR ~-~-~ City Engineer Other ~'~t-~ Public Works $100. O0 B-1 B-2 B-3 Phone (H) (.t ?,. ~'5 i ~'~..~d- (W) ¢ / 2 APPLICANT Name (IF OTHER Address THAN Phone (H) OWNER) (W) (M) Has an application ever been made for zoning, variance, conditional use permit, or other zoning for this property? ( ) yes,~no. If yes, list date(s) of application, action taken, resolution procedure number(s) and provide copies of resolutions. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): _' - . - ~r~~ LL~J ~. / (Re~./2-~-~ ) ~' Variance Application, P. 2 c,s .o, qq-0oq o Do the existing structures comply with ~all r~c~eight, bulk, and setback regulations for the zoning district in which it is located? Yes (), No~ specify each non-conforming use (describe reason for variance request, i.e. setback, lot ar~fa,~-c.): i F---~¢, ,~ , , SETBACKS: REQUIRED REQUESTED VARIANCE (or existing) ,ro,t rd: Or> ,,. 1,5 ,t. Side Yard: N S E W _ i_~ ft. t~..~;)3 ft. --;~-~ ft. Side Yard: N S E W ~,0 ft. "7 ~/~ ft. '- - ft. Rear Yard: NSEW _ ,~,r--~ ft. ~ -~ft. ~ ft. Lakeside: N S E W ----- ft. ---- ft. ft. : N S E W ft. ft. ft. Street Frontage: ~/f,~(~ ft. { ~}~.~ ft. ft. Hardcover: .~q_sq- ft I ~'.qf¢ 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'l~. No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? Please ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage ~;~existing situation ( ) too shallow ( ) shape ( ) other: specify (Rev. 12-30-98) Variance Application, P. 3 Was the hardship described above created by the action of anyone J~aving property interests in the land after the zoning ordinance was adopted (1982)7 Yes (), No~4, If yes, explain: Was the hardship.., created by any other man-made change, such as the relocation of a road? Yes (), No~. If yes, explain: o Are the conditions of hardship fo.r. )4, described in this petition? Yes affected? which you request a variance peculiar only to the property No (). If no, list some other properties which are similarly Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature Date (Rev. 12-30-98) CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: OWNER'S NAME: 0/L x LOT AREA SQ. FT. X 40% = (for all lots) .............. = (for Lots of Record*) ....... L'bl~og, ~ I I LOT AREA SQ. FT. X 15% = (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. HOUSE DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER LENGTH WIDTH SQ FT x - I~ x c~OD= X = TOTAL HOUSE ......................... x = X = TOTALDETACHEDBLDGS~:~..(~), X ~'~? ....... - '~'~'~'~ X = X = TOTAL DRIVEWAY, ETC .................. X = X = X = TOTAL DECK .......................... X = X = TOTAL OTHER ......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE dica difference) ............................... PREPARED BY, //~7--.'-'"--- ~, - DATE BUILDING PERMIT APPLICATION SITE Subject Address 5 ~'~ Y F Business Name/Tennant The applicant is: ~,.owner CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600 Fax: 472-0620 __contractor __.tenant LEGAL DESCRIPTION OWNER CONTRACTOR Lot Block Plat Subdivision PID# Company Name Mcense ~ Contact Person Address Phone (H) (W) (M) ARCHITECT Name &/OR Address ENGINEER Phone (H) (W) (M) CHANGE OF FROM: USE TO: DESCRIBE WORK: ¢~:~ ~C . OF WORK: VALUE APPROVED: / SEPARATE PERMITS ARE REQUIRED FOR ~ECTRICAL, PLUMBING. H~TING. V~TING OR AIR CONDITIONING. PERMITS BECOME NULL AND VOID IF WORK OR CONSTRUC~ON A~HORIZED IS NOT COMMENCED ~THIN 180 DAYS, O~ IF CONSTRUC~ON OR WORK I~ SUSPENDED OR ABANDONED FOR A PERIO0 OF 180 DAYS AT ANY ~ME A~ WORK IS COMMENCED. ~ME LIMITS ON BUILDING COMPL~ON. ALL WORK. TO BE PERFORM ED PUrSUiT TO A BUILDING PERMIT OBTAINED FOR N~ CONSTRUCTION, REPAIRS, REMODELING, ~0 ALTERATIONS TO FHE EXr:~IORS OF ANY BUILDING OR ~TRUCTURE IN ANY ZONING DISTRICT SHALL 8E C0MPL~ED ~THIN ONE (1) Y~ FROM THE OATE OF PERMIT iSSUANCE. THE PERSON OBTAINING THE PERMIT AND THE OWNER OF THE PROPER~ SHALL BE RESPONSIBLE FO~ COMPL~ION. A ~O~ON OF ~IS ORDIN~CE IS A MISDEME~OR OFFENSE. THE COUNCIL MAY ~TEND THE TIME FOR COMPL~ION UPON WRI~EN ~EQUEST OF THE PE~MI~E~ ESTABLISHING TO THE R~SONABLE SATISFACTION OF THE C~ COUNCIL THAT CIRCUMSTANCES B~OND THE CONTROL OF THE P~MI~EE PR~ENTED COMPL~ION OF THE WORK ~R ~ICH THE P~MIT WAS GRANTED. THE ~T~SION SHALL BE ~EQUESTED NOT LESS THAN THIR~ {30} ~USINESS DAYS P~IOR TO THE ~D OF THE ONE-Y~R I HERESY CER~ THAT I HAVE R~D AND ~AMINED ~lS APPMCATION ~D KNOW THE S~E TO BE TRUE AND CORRECT. ALL ~O~SlONS OF ~WS ~O ORDINANCES GOV~NING THIS ~PE OF WORK ~LL BE COMPLIED ~TH ~HER SPECIFIED HER~N DE NOT. THE~R~NG OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORI~ TO VIOLATE OR C~CEL THE PEO~SICNS OF ANY OTHER STATE OR LOCAL ~W REGULATING CONSTRUCTION OR~E P~FORM~CE OF CONSTRUCTION. PRINT APPLICANT'S NAME A~LI~NT'S S~NATUR~ ' DATE //////////////////////////////////////// ( )FFIC,E. USI ONLY) SPECIAL CONSTRUCTION TYPE: OCCUPANCY GROUP / OlV: MAX OCCUPANT LOAD COPIED APPROVED ..oGs, zE,sQ., .STOR,ES .RE SPR,..L.S REOU, REO, C,TY G,.E. I- 21-qq .v... YES, .o PU.L, CWORKS  vm ~ ~ o~ ' :.' ::~s c"~C~ s~:.': :: ~'.~: .... ~0vm 0 Oq 0 0 r~ ~ *o~ t'-.~ o~ oF ,.-'6§ . 0 .,-,'9 _i .~ I~ _1 t- I ,/ K CITY OF MOUND - ZONING INFORMATION SHEET SURVEY ON FILE? YES /~ ~OT OF R~CORD:{ ws/ NO HOUSE ......... FRONT N/S~E W FRONT N~r/ E W SIDE N S/~W S,DE LAKE TOP OF BLUFF ZONING DISTRICT, LOT SIZE/WIDTH: EXISTING LOT SIZE: LOT 6,000/40 B2 20,000/80 R2 14,000/80 LOT DEPTH: R3 Slig ORD. T1 30,000/100 REQUIRED ] EXISTING/PROPOSED VARIANCE lO/ ~0' GARAGE, SIIED ..... DETACIIED BUILDINGS FRONT N S E W SIDE N S E W 4' OR 6' SIDE N S E W 4'OR6' REAR N S E W 4' LAKE N S E W 50' TOP OF BLUFF /' R ~0' HARDCOVER ~,x, 3o% O(~'~ / This Zoning Information Sheet only summarizes a portion of the requirementa-~utlined Planning Department at 472-0600. GOVT LOT S in the City of Mound Zoning Ordinance. For further information, contact the City of Mound ? ~3' i00;~° .ao.o$ 5 ' '; 31 CD 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 #99-03 NOTICE OF A PUBLIC HEARING TO CONSIDER THE APPROVAL OF A STREET AND UTILITY EASEMENT VACATION LOCATED WITHIN THE R-lA SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AT 4844 ISLAND VIEW DRIVE AND ADJACENT UNIMPROVED DRUMMOND ROAD, BLOCK 15, LOTS 1 & 2, DEVON PIDS # 25-117-24 11 0161 P & Z 99-03 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, March 9. 1999 to consider the approval of a street and utility easement vacation located within the R-lA Single Family Residential zoning district at 4844 Island View Dr and adjacent unimproved Drummond Road. ~s(lls)~,' ,..&$, ~o,~.,I ,~.7,;.~ ~ (~z)(21) ~(2o)"~, 9 u 'l -- [4UJ ~ · , ,u ~ 40 ~~ ~W 40 40 40 40 40 40 I5 ~u ~ o o "=~ 5- lo (40) ~[~) - ~ (~)(~)(~) 7(35) 5 3 4o 40 ~ All persons appearing at said hearing with reference to the above will be ~~Secretary Mailed to property owners within 350 feet of affected property on February 17, 1999 Published in the Laker, February, 20, 1999 printed on recycled paper Mound Planning Commission Minutes February 8, 1999 MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY, FEBRUARY 8, 1999 Those present: Chair Geoff Michael, Commissioners: Orv Burma, Jerry Clapsaddle, Becky Glister, Cklair Hasse, Michael Mueller, Bill Voss, Frank Weiland, and Council Liaison Bob Brown. Staff present: City Planner Loren Gordon, Building Official Jon Sutherland, and Secretary Deb Hawkinson. Public Present: Mr. & Mrs. Jorj Ayaz (4844 Island View Drive) and neighbors, Mr. & Mrs. John Smith (5189 Emerald Drive), Mr. & Mrs. Steve Jilek (5444 Spruce Road) and neighbors. Chair Geoff Michael called the meeting to order at 7:30 p.m. MINUTES - APPROVAL OF THE JANUARY 11, 1999 MINUTES OF THE PLANNING COMMISSION MEETING. MOTION by Mueller, seconded by Weiland to accept the minutes as written. Motion carried 9-0. Building Official Jon Sutherland asked to add an item to the agenda. Agenda item 1C will be a Variance request on 5189 Emerald Drive. The Chair accepted the addition. 3. VACANT LOT AT 2217 CHATEAU LANE The owner of this lot has offered this lot to the City for the sum of $1.00. The City can decide how it is used. The City Council has looked at this and asked the Planning Commission to look at it before approval. It is a 40 feet by 120 feet parcel. It would be nonbuildable as it is. Brown indicated that the question was asked at City Council if there is any back taxes owed on the property prior to sending it to the Planning Commission for review. This property is located between two nonconforming lots. Council member Weycker stated that she felt it could be used to help make one or both of these properties a conforming lot size. She did not want to see it restricted for "park purposes only." (Taken from the Minutes - Mound City Council, January 12, 1999.) MOTION by Mueller, seconded by Hasse, that after the Planning Commission recommend that the property be purchased, but that the use not be restricted. If it is in reasonable proximity of one of the neighbors, it probably should be sold to make one or the other lots conforming. Motion carried 7-0. MINUTF3 - MOUND CITY COUNCIL - JANUARY 12, 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 12, 1999, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Pat Meisel, Councilmembers Andrea Ahrens, Bob Brown, Mark Hanus, and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, Assistant City Planner Loren Gordon, City Clerk Fran Clark and the following interested citizens: Garry & Marie Everson, Ric Williams, Mark Thiede, Para Myers, Bill Pinegar, Mary Pauly, Patty Guttormson, Carol and Rick Todd, Greg Meisel, Betsy Brown, Tom Reese, Frank & Betty Wetland, Becky Glister, Eric Meisel and Paul Meisel. 1.14 RECOMMENDATION FROM PARK AND OPEN SPACE COMMISSION RE: PURCHASE OF LAND AT 2217 CHATEAU LANE FOR PARK PURPOSES. The City Manager explained that Sunshore Parmers Limited of Dallas, Texas has contacted the City about donating Lot 18, Block 1, L.P. Crevier's Subd. of Lot 36 to the City of Mound for $1.00 for use as a park or any other purpose the City feels is appropriate. It is an unbuildable lot as it only has 4800 square feet. The Park Commission has reviewed this and recommended the purchase for parkland usage. Councilmember Weycker stated that she voted against it at the Park Commission because they wanted it dedicated to park land u~ge. She felt there are houses on both sides of this lot which appear to be nonconforming because of lot size and it might better serve to be divided and attached to each nonconforming property to make them conforming. The Council discussed this and decided to do some further checking on this property and the neighboring property to see if there is a better use than park land, possibly leaving it just as green space. The City Attorney suggested checking on whether the property taxes have been paid on this parcel. Hanus felt this item should go to the Planning Commission for review because we're taking private land and putting it into public use. MOTION made by Ahrens, seconded by Hanus to direct Staff to investigate if there are any back property taxes owing on this parcel and then refer this item to the Planning Commission for their review. The vote was unanimously in favor. Motion carried. MINUTES OF A MEETING MOUND PARK AND OPEN SPACE COMMISSION DECEMBER 10, 1998 Present were: Chair: Peter Meyer; Commissioners: Tom Casey, Norman Domholt, Tom Casey, Bev Botko; City Council Representative: Leah Weycker. Absent was Christina Cooper (without prior notice.) The following interested citizens were also present: Elizabeth and Jeff Bjerksett (2605 Tyrone Lane) and James Chelman (4786 Carrick Road). In addition, Tim Piepkorn from the School District and Loren Gordon from HKG were present. Chair Meyer called the meeting to order at 7:32 p.m. DISCUSS: 2217 CHATEAU LANE MEMOS It was noted that pages 72-75 of the meeting packet contained a memorandum offering the City of Mound a 40' x 120' lot for the sum of $1.00 by Sunshore Partners. It is located between two small residential lots. The offered lot is not buildable, however, should things change in the future with the adjacent lots, this situation could change. The Park Director recommends that the City go ahead and buy the property for $1.00. Weycker also recommended that the Park and Open Space Commission move to obtain this land, but not specify for what park services. Motion made by Casey, seconded by Domholt, that the City proceed with the purchase of this lot for the sum of $1.00 and dedicate it for park land usage. Motion carried with ayes from Domholt, Botko, and Casey. The nay votes were Weycker and Meyer. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMOI~,.ND~ NOVEMBER 18, 1998 TO: ~D SHUKLE, CITY MANAGER ~. y .... FROM. J~M FACKLER, PARKS DIREC~.~ SUBJECT. 2217' CHATEAU LANE. ~ L/ I have inspected the vacant lot at 2217 Chateau Lane that Sunshore Partners I is offering to the city of Mound for for one' dollar. As you can see from the attached portion of the plat map the lot is 40'X 120'. It is located between two smaller older homes and is not being maintained. It is level and appears that there are no major concerns like trash, brush or hazardous trees on the property that would require monies to be spent. The size and location of the property is not conducive to anything more then limited park improvements or a small green space retention area. My recommendation is to purchase this lot but not restrict its use to the city and that only limited rough mowing and ground repairs be preformed. printed on recycled paper October 6, 1998: PARTNERS I. LIMITED PARTNERSHIP 3131 McKINNEY AVENUE gUITE 404 DALLAs,. TEXAS 75204 (214) 220-0205 Mr. Ed Shukle, Jr,., City Manager City of Mound :I 5341 Maywood Drive Mound, Minnes6ib. 55364 Re: 2217 Chateau Lane, PIN 13-117-24-43-0059 Dear Mr. Shukle: VIA FACSIMILE I am writing in connection with our conversation today concerning the status of the referenced property. As we discussed, the property is smaller than the minimum currently required by the City of Mound in order' to be "buildabl¢". Therefore, there are a limited number of options available to this partnership for the use of this property. I would like to donate the property to the City of Mound for $I.00 for use as a park or for any other purpose the City feels is appropriate and would appreciate your consideration in this regard. If you should haye.,~any questions, please do not hesitate to call. Sincerely, SUNSHORE PARTNERS I, LIMITED PARTNERSHIP By: SUNSHOREi INC., its General Partner "David M. Radmai~ Vice President "1 i · :~ (.,, ~. ~ ~, ~ " ................. ) II~J ~ .~ ~ d~ 1~ ' ' ~ I C~ - , (z'(,:, i ('% ~ ~. ~ ~1 ~ ~ '~ ~ k ~%- . G.~,. _ . ~, u . ..e,~-,~ J Il , ' J ; J" - '~:-~,.,~'.' r~ "- ,~,,~ ~ u~, ~t,~11.~. ~~0:,= , ...;.'~ ;; :;'; ,;:, l ~' I~: .:.~_;.; ~?::~-/ ~ ... I '"J&' ~. 0.~ .O:l :~ r~ ~ : ' . '/-." ~:-' ' ..~-,'. '-" ~ . ~ ~.' .... ~ ,~ -' ~ 9~6. ~~ ,. · o,~: ~. ~.. [" · {'~{~,~1~'~ ~'~ '~ ~'~}~'~ ~ ~ :l';'}r', ~, ~ .~ _ ~' . t ~ .... ~,~,~ ,~_ ' ::.~:,~I,,:k~.,,I~,.~-,L.I.....L.,.;,:.t' ",-I., · ;I I I -, ~) (9~,)~ Y ~ ~ n~, ' ':,. ' ' ~-- ~ r- -.,~ ...... v-..u.. '," .=.:.,:.'.(.~,. ;:,,' ;?~;-?qj~:~; ~,~'~~'~-~ 68 d~ ~" ~ ~ : ~/O.,,~j I,, :~ ~ ,. Z o .',~.','... 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Soo" C h-t,e-L/ / -£ I o5(~/oL5~:9 · ouI February 23, 1999 PROPOSED RESOLUTION #99- RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE IN ORDER TO ALLOW FOR CONSTRUCTION A CONFORMING ADDITION, AT 5189 EMERALD DRIVE, PART OF LOTS 7 & 10, LOTS 8 & 9, , BLOCK 1, SHIRLEY HILLS UNIT C, PID# 24-117-24 24 0011 P & Z CASE 899-04 WHEREAS, the applicant, John Smith, has applied for side yard setback variance for an existing detached garage as listed below in order to allow construction of a conforming addition to the dwelling at 5189 Emerald Drive; and, WHEREAS, the following lists the requested setbacks: Existing/Proposed Required Variance Side yard (garage) 2.8' 4' 1.2' ; and, WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, 60 feet of lot frontage, front yard setback of 30 feet, lakeside setback is 50 feet and the balance of setbacks as listed above for lots of record; and, WHEREAS, the proposed addition would be built in a conforming location and would meet all required setbacks; and, WHEREAS, Resolution #73-335 recognized the non-conforming side yard setback although the 15 year time limit for "streamlining" nonconforming structures on this property has since expired, requiring application for a variance; and, WHEREAS, the existing garage is in reasonably good condition and it is unlikely the nonconformance can be eliminated; and, WHEREAS, the Planning Commission has reviewed the request and has unanimously recommended approval of the variance recommend by staff; and, February 23, 1999 Smith - 5189 Emerald Ddve Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance of 1.2 feet for the side yard as recommended by the Planning Commission in order to construct a conforming addition. The City Council authorizes the alterations set forth in this resolution, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in the resolution remain as lawful, nonconforming structures 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 improvements: Construct a conforming addition to the dwelling. This variance is granted for the following legally described property as stated in the Hennepin County Property Information System: LOT 8, 9 AND THAT PART OF LOT 7 LYING WLY OF ELY 10 FT THOF ALSO THAT PART OF LOT 10 LYING ELY OF A LINE RUNNING NLY PAR WITH W LINE THOF FROM A PT N SLY LINE THOF DIS 25 FT E FROM SW COR THOF INCL PART OF EDGEWATER DRIVE VAC SUBJECT TO ROAD, BLOCK 1, SHIRLEY HILLS UNIT C, HENNEPIN COUNTY, MINNESOTA. 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. February 23, [999 PROPOSED RESOLUTION #99- RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE IN ORDER TO ALLOW FO'" .... ITION, WHEREA, variance for an existing a conforming addition t~ WHEREA,~ Side yard (garage '.' for side yard setback to allow construction of fiance ; and, WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, 60 feet of lot frontage, front yard setback of 30 feet, lakeside setback is 50 feet and the balance of setbacks as listed above for lots of record; and, WHEREAS, the proposed addition would be built in a conforming location and would meet all required setbacks; and, WHEREAS, Resolution #73-335 recognized the non-conforming side yard setback and due to the 15 year time limit has since expired, requiring a new variance; and, WHEREAS, the existing garage is in reasonably good condition and it is unlikely the nonconformance can be eliminated; and, WHEREAS, the Planning Commission has reviewed the request and has unanimously recommended approval of the variance recommend by staff; and, February 23, 1999 Smith - 5189 Emerald Drive Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance of 1.2 feet for the side yard as recommended by the Planning Commission in order to construct a conforming addition. The City Council authorizes the alterations set forth in this resolution, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in the resolution remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. o It is determined that the livability of the residential property will be improved by the authorization of the following improvements: Construct a conforming addition to the dwelling. This variance is granted for the following legally described property as stated in the Hennepin County Property Information System: LOT 8, 9 AND THAT PART OF LOT 7 LYING WLY OF ELY 10 FT THOF ALSO THAT PART OF LOT 10 LYING ELY OF A LINE RUNNING NLY PAR WITH W LINE THOF FROM A PT N SLY LINE THOF DIS 25 FT E FROM SW COR THOF INCL PART OF EDGEWATER DRIVE VAC SUBJECT TO ROAD, BLOCK 1, SHIRLEY HILLS UNIT C, HENNEPIN COUNTY, MINNESOTA. 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. Mound Planning Commission Minutes February 8, 1999 MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY, FEBRUARY 8, 1999 Those present: Chair Geoff Michael, Commissioners: Orv Burma, Jerry Clapsaddle, Becky Glister, Cklair Hasse, Michael Mueller, Bill Voss, Frank Weiland, and Council Liaison Bob Brown. Staff present: City Planner Loren Gordon, Building Official Jon Sutherland, and Secretary Deb Hawkinson. Public Present: Mr. & Mrs. Jorj Ayaz (4844 Island View Drive) and neighbors, Mr. & Mrs. John Smith (5189 Emerald Drive), Mr. & Mrs. Steve Jilek (5444 Spruce Road) and neighbors. Chair Geoff Michael called the meeting to order at 7:30 p.m. MINUTES -APPROVAL OF THE JANUARY 11, 1999 MINUTES OF THE PLANNING COMMISSION MEETING. MOTION by Mueller, seconded by Weiland to accept the minutes as written. Motion carried 9-0. Building Official Jon Sutherland asked to add an item to the agenda. Agenda item 1C will be a Variance request on 5189 Emerald Drive. The Chair accepted the addition. 1. BOARD OF APPEALS: CASE # 99-04: VARIANCE, FRONT YARD AND SIDE YARD SETBACK VARIANCES, TO CONSTRUCT A CONFORMING ADDITION, MR. & MRS. JOHN SMITH, 5189 EMERALD DRIVE, PI7 AND 10, LOTS 8 AND 9, BLOCK 1, SHIRLEY HILLS UNIT C, PID # 24-117-24 24 0011. Sutherland presented this request to the Commissioners. He started with an apology for not having this in the packets that went to the Commissioners last week. However, this is a fairly "clean, straightforward" request. If the applicants had to wait for the next meeting, it would mean being delaying construction around four months because of road restrictions. This applicant recently purchased this property and is requesting a building permit and variance to allow the construction of a conforming addition. The entire building plan is conforming in all sections. However, the existing detached garage has a nonconforming setback of 2.8 feet. The minimum setback requirement is 4 feet that requires a 1.2 feet variance. The existing garage is in reasonably good condition and therefore it is unlikely the nonconforming setback can be eliminated at this time. Mound Planning Commission Minutes February 8, 1999 For the record, it should be noted that the original subdivision approved by Resolution #73-335 recognized the detached garage, however, because of the time limit of 15 years as noted in Subdivision 9 of Ordinance Section 350:420, this case could not be streamlined. Mueller asked if there was a survey. Sutherland indicated that there was. While Mr. Sutherland did not calculate a hardcover amount, it is a fairly open piece of property. It easily will conform to the 40 percent ordinance. Mr. Smith indicated at this time that the calculations for hardcover come to approximately 21 percent. Mueller is very concerned about items coming to the Planning Commission without being in the packets ahead of time for their review and site visit. He feels that when that happens, applicants are not necessarily treated fairly. Chair Michael asked why it was brought before the Commission now, who had approved it moving forward. Sutherland indicated that any number of people could have moved such an issue forward in such circumstances. However, per his experience, this application is a "slam-dunk" issue and is in conformance. Again, he reminded the Commissioners that this would have been streamlined if it weren't for the 15-year time limit. Burma asked about the stone wall and whether it was shared or if the applicant had an easement. Mr. Smith indicated that this was jointly owned; and said Sutherland, "although it crosses the property line, it is non-issue from the Staff's perspective." Glister is also concerned that it doesn't appear to be a complete application. asked if the Planning Commission was setting a precedent by allowing this application to "jump" ahead of others and being "rushed" through. She Again, Sutherland responded that the expedition is because of pending road restrictions and that the case is clearly in conformance. Mueller stated that this was a burden on the Planning Commission to review this now. If it is reviewed at the next Planning Commission, stated Sutherland, then the Staff would potentially have a burden of a one-day turn around also. So, he recognized that in either case, it would have been a burden. MOTION by Voss, seconded by Weiland for the Planning Commission to move Staff recommendation of approving this variance request as proposed. Motion carried 9-0. Weiland was quick to indicate with his second that he too is opposed to last minute additions such as this to Planning Commission's agenda. However, he is very familiar with this property personally and that is the only reason he is acting on it tonight. Mound Planning Commission Minutes February 8, 1999 Brown will meet with anyone who wants to review the property prior to tomorrow evening's City Council Meeting. If there are issues, perhaps the Commissioners could come the Council Meeting also to bring these up. Mueller did not think it was fair to ask the volunteer Planning Commissioners to attend yet another meeting. Because this case seems "clear cut," he will act on it tonight. However, he wanted to make it clear that the last minute addition of such a request was a burden and imposition on the Planning Commission. The Chair excused both Clapsaddle and Voss at 9:00 p.m. because of previous commitments. 3 CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of 2-8-99 Planning Commission, Applicant and Staff Jon Sutherland, Building Official Variance Request John Smith, 5189 Emerald Dr 99-04 5189 Emerald Drive, PI7&10, Lots 8, & 9 Block 1 Shirley Hills Unit C, PID 24- 117-24 24 0011. R-1 Single Family Residential BACKGROUND: The applicant, John Smith, is seeking a building permit and variance to allow the construction of a conforming addition as noted in the attached application. All of the proposed work is conforming to all applicable sections of the ordinance. The existing detached garage is setback 2.8 feet to the side yard where a 4 foot setback is required. This results in an existing nonconforming setback and recognition of a variance of 1.2 feet. The original subdivision approved by Resolution # 73-335, recognized the location of the detached garage, however, this case could not be streamlined (according to current provisions of the ordinance), because of the time limit of 15 years as noted in Subd. 9 of Ordinance Section 350:420. The existing garage is in reasonably good condition and it is unlikely the nonconformance can be eliminated at this time. The related information is attached for your information. STAFF RECOMMENDATION: Staff recommends the planning commission recommend approval of the variance request as proposed. pr~nted on recycled paper February 4, 1999 ECENF-.9 Ed Shukle City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mr. Shukle: Thank you for trying to help me understand the need for a variance for my detached garage when I am applying for a building permit for an addition to the main house located at 5189 Emerald Drive, Mound. The garage in question was, as I believe, one of the original structures placed on the property back in the early 1940's, probably prior to the ordinance that we are now subject to. I understand the need for such ordinances and will do my best to bring this issue into compliance, however, I am troubled with the time associated with the variance process, as well as the $100.00 fee. I am currently under contract with Sawhorse Design & Builders and have 50% of the project cost paid at this time, planning for completion of this project prior to summer. The normal 60 day variance review process will be quite costly not only in dollars, but in timing. I would like to ask for your help in streamlining the city process so we can get on with the project. Is it possible to have this taken care of at the February 8th planning commission meeting, or the February 23rd city council meeting? This request I feel is fair, since the variance was apparently not an issue for construction of an addition to the main house structure in the mid 80's, nor was it a issue at sale of the property in July. I hope you can help expedite the process and please excuse my tone of frustration. ~~~hn Smith' 5189 Emerald Drive Mound, MN 55364 (612) 472-2131 HP (612) 540-7951 WP attch: variance application/fee 02/04/99 13:07 FAZ CITY OF MOl.rl~ VARIAN~..~ APP! ICATIrIN CITY OF MOUND 6341 Maywood Ra~d, Mound, MN 6E~64 Phone: 472.4~00, F~x: 472-0620 [~004 FEB 5.~999 ~.,~5 q Appliett!;:~ Fee: $100.00 (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: Distribution: City Planner ~-//~'~-'~9 DHRV'"'" Public Works v/ SUBJECT PROPERTY LEGAL DE~C. I PROPERTY OWNER Address Block PlO, ~--li~- a4 i ZONING DISTRICT ~ R-lA R-2 R-3 ~1 ~2 Name Address Phone(H}~;~-~7~-~lSI (W) ~z-~.~ . (M) APPUCANT Name (IF OTHER Address THAN Phone (H) OWNER) {w) (M) Has an application ever been made for zoning, variance, conditional u~e permit, or other zoning procedure for this property? ( ) yes, (~no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): fRe~.12-30-98) I 02/04/99 13:07 Variance Application, P. 2 CITY OF ]01.I~ Ca~ Ne. [~005 qq-oq e Do the existing structures comply with all area, height, bulk, and setback regulatioe~ for the zoning district in which it is located? Yes (), No (~. If no, specify each non-coafom~ng u~e Idescriba reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQUIRED REQUESTED VARIANCE (or existing) Front Yard: ( N S E W ) ~.~ ft. I [::>,Z2% ft. Side Yard: ( N S E W ) ~ Z~ ft. ~. ~ ft. i. Side Yard: ( N S E W ) I ['~ ft. -~t~ ft. Rear Yard: ( N S E W ) ft. ft. Lakeside: ( N S E W ) ~ ft. ~-~T.- ft. : (NSEW) ft. ft. Street Frontage: ' ~1~ ft. I ~*- ft. _ Lot Size: ~O, OC~ sq ft ~ i~--~sq ft Hardcovor: [[ i ~,~cJ.,-/ sq ft ~,35.Z. sq ft rte sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (), No (~'. If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its re~nable use for any of the uses permitted in that zoning district? too narrow too small too shallow Please describe: topography ( } soil drainage ( ) existing situation shape ( -}/other: specify ,'sToo 2. o~ ~ ~oo~-. - (P,~v. 02/04/99 23:08 FAX Variance A.~plication, P. 3 CITY OF MOUND Ceam [~008 Was the hardship described above created by the action of anyone h~ving property i~terests in th~ land after the zoning ordinance was adopted (1982}? Yes (), No (~. # yea, e~plain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (~. If yea, explain: Are the conditions of hardship for ,which you request a variance peculiar or~y to the property described in this petition? Yes (~, No (). If no, list some other properties which are similarly affected? Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the prm~iua described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Applicant's Signature ~//~2-~ -- ~/~/~ ; RESOLUTION WAIVING REQUIREMENTS OF CHAPTER 22 OP THE VILLAGE CODE REGROUPING In Shirley H~I'ls Unit 0 Lot 1 and ~artof Lot 2, Block 2 and Dots 8 and 9 and Part e£ ? and 10,'Block 1) _--.__~.__. 19D~REAS, an application to waive the subdivision requirement~ '-'..~.:.='--contained in Section 22100 o~ the"Vllla~e Code' has' boon'.filod wit'h":~'¥.. ~.~.,-.. WHEREAS, said ~eque~t tot a ~vaiver hag"be'on reviewed by the~-. :'- .""" ' :.,, Planning Commission and the Villnge Council, and ..-.~.~-". ' .' '.~;.-.'. WHEREAS, it is hereby determined that there are spo¢lal '.';" -.: · '"'"'" circumstances a~iocting said property such that the strict ap- .- ~-"'r'plication ct the ordinance would depriV]m the applicant o2 the reason- · ' '~. able use oi his laudl that tho waiver is necessary 2.o.r the · ' -;' preset'ration and onJoymon~ of a substantial property right; and ;' ' that granting' tho waiver will not be detrimehtal to the public '"'"i' ' i."' 'welfare or injurious to Other property o~ners, / \ -,. ;".;.F' NOW, TH~REFORE~ iff{ IT RESOLVED BY Tiff{ YXLI~GE COUNCIL OF Tiff{ '. - VI~-~.AGE OF MOUND.' ' --~- 1. The request of Mrs. Stanley 01son · for a waiver from the provis~ons of Section 2~.00 of the Village '"'"' 'Code and the request to subdivide property of. lees' thas five acres -'...~.,is hereby granted to permit division.et the Iollo{lng property; .~... .-- ..... >'-Al{ of Lot'l, DIock 2, and [hat part' Of Lo[ 2, Block 2, which ': ~: lies Easter.]y"of the ~o]]owtng described Ii'ne *eretnafter .... '..-'j.~,:2.;,i,,.~' _,.~';".'i~eferred to' as Line A, to-wit: Commencing at a point on the ·. ,~.~. ', ....':.~ tkence Northerly. parallel w~th. the ~{est.l~ne of said Lot l0 ~o., "i.'.;~:~'~' to 'the North'l"tne thereof; thence Northerly on .a ."ii,.'~.;.%'Lot 2. Block ~F"also that part of Edgewater 'Drive (Vacated) ..'!,~,,:%ii';'.i,~J~ ..~ '"'fs.%'.lying £aete}'ly of t'h~ above de'Scribed ]if{e and Westerly of .:'~'~?f'Easterly .1{ne of'Lot .1. BlOck 2,.¥here said Easterly ].1ne ~s '.'..,~',. :::~:,': ' }/,,, extended Southerly to the Sooth l~ne of. said Ed ewater Drive . -~ ...... , ..,?.<-, on file or'of record tn the office of the RegiStrar of Titles ' · ;~t,~thereof, files .of t. he Registrar:ur T.~tl'es,' Coun'ty o~. Paroel B ;":.'-j"i,.Lot, 7, e.xcep~ the Easterly 10 feet thereof; m . ' m .. ' I ' . ' : !'"'?~;LOts 8~.,.,.., and 9;" . ' -:~ '"' · ' ' : '' ' ' ' "~ '.". "/i' ;l,i:~!., ' · ' '. '." " - ' ' ' ' ' " ' '::' ..[:~:~[:That part' of Lot 10, ~htch l~es [asterl~ of the follo~tng des-' ' . %',~,'crtbed line. heretnafte~ r'eferred to as Line A/to*~tt:. ~/~:~'at a point on the shore-of Lake ~llnentonka ~htch point ts g5 ~;~'~Easterl~ from'the 5outhwest corner of Lot 10, O'lock 1; thence .~ ~ I~ortherly parallel ~lth the ~est l~ne of. satd Lo~ 10 to, the tlorth,,'-..'~ ,'?~;/~All :hat part .ct Edgewater ~rive (vacated), ~yin~ Easterly of. ~'~:,J~Y,the [tortheriy exLens~on(of sa~d L~neA and Southerly of a ~,l ~ · ' ' '":(~:."' :)"{. · .k,...dra~n perpendicular to sa~d t~ortherly extension of said. Line ~?,'~ito a point In the liorth 1the of said Lot 9 distant 16.63. feet.j..::.~.:.?',~,~ f:~:%'~esterl/ of, meas'ur~d al o'n~ sa'id llof:h l~oe' from the t;('~.~corner of said Lo: ~. , - '. .'. . '.:'~... '.' . '.'.., ~:.~V~. - ' .' ' '- . ,: '" · "' ' .":; ", ..,. ~,',R]~ ~II Block 1, Shtrley Ht.lls, Unit C, according to the plat ?;~ .,. ~,".'.thereof on file or of record tn the off.tcb of the Registrar ..).¥ ~: . , . . . , .. . ).,~....~.~,~;... :t~,..?,T~tles, Henneptn.Count~, ~t~nnesota. Also..-. · .. · ",' .' :-.::~,,'~".,'-~.')' ~%.)-,,, , , . . ...: ~,~:-~.(, : .,....;, ~;','~'SubJect ~o an easement fo~ the discharge of surface, wate~ ~,'~'~.a,d across that port,on of: Lot 7., ~lock i, 1~tn~ ~esterlyof:(~::~:~?~:~'~':~'..~.~ ?.-,,.(the Easterly 10 feet,.and the liortherly 7~ fee~ of'Lot 8~.. :..;~,.-.::....-.;.,...~ ~;~(~.~Block 1, and the Uortherly ~5 feet of Lot 9, Block)l, '~.~'~[asterly 10 feet of Lot 1, 81~ck ~, Shirley tltlls,.Untt ,-.,,-: according :o the ~ecorded plat thereof,.......' .. · '. ' · -..;,:'./~::~...-.~.~ ~.~,. . · ... ...... :....::: ..... .: . . . .~,,,~.?.~: ~, ~). Said easements tO.remain tn effect unt~l' such time the ~ '~ .... , , . . .......... ~ .... . ....... . ..... .~,~,~ :: L:.v,-of Hound Instal]s storm se~e~ ~o ~ra~o [he.sut[ace.watec.'from ;.'.L:~,-.a..:.~.~: ;~r:.Emerald ~r~ve. · ".' ' , . ' ."...':...".... ': ':' i .... ""~'~' ~ .... '.: '''~ ~L.?~,a.'°r th'e: ~'o~,tf0..'..o¢%~. b,~d~.'O~."t',.~,o,~ ~.,' ,'~'i ;~'~:~.':'~; ~.~," ' ' ' ' '' ' ' ':'. ',.. ' ' ' -""-. ~, en~rOaChments~ ~f a~y) from or on satd-land,.rAS surveye~ b~ ~L.~ ..... ?;.. ei-,~ht~., iOth',day' or~ O~tobe.r~ 1973, ' .' ;..~', : ..' :..,.,. ',. ,,~..,'.;,,,,?./::~ . ..: ... ~,: .. , : -,",.~ . . .. . . . , . .,...~.;.~..,::~.,..~. a desi~ble and s%able oo~it~ development and is ~ ha~o~- :::'. ,' d, . '.. : ' :'..,?..., , ' with adJaoen~ p:opertiee. . ' ~..~: ~'"'. ' , ,- .'"i .,' The ¥illa6e Clerk is authorized to deliver a certified copy thie Village. this :eeolution to the applicant for filing in the office the Re~leter of l~ede or the Res-refer of Titlel of Co~ to ~h~ o~pl~;e ~th the Bubdt~t~ ~atto~ .of.' CITY OF MOUND HARDCOVFR CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS i~ [ ~ OWNER'S NAME: ..~ o k r,t ~ LOT AREA ~ ~ ~ ¢~j .~".._SQ. FT. X $0% LOT AREA ~Q. FT. X 40% LOT AREA ~SQ. FT. X = (for all lots) .............. (for Lots of Record*) ....... = {for detached buildings only) .. I It isq'l I I ! I I *-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 IRan must be submitted and approved by the Building Official. LENGTH HOUSE ~,~to,.. ~ TOTAL HOUSE DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS O~n d*=~ (114' ndn. ~pening between boards)wh~ · pervious audeoe under ora not counled at hardcover OTHER WIDTH SO FT x = ~-. ~ x = % ~-~. ~ x 'L'~.~ = ~4 t'?..~ X . 'L = 'Z.~" TOTAL DETACHED BLDGS ................. TOTAL DRIVEWAY, ETC .................. X = TOTAL DECK TOTAL OTHER X = A~ HA_.RDCOVER I IMPERVIOUS SURFACE ~¢L'zor,. z ~.~% OVER (indicB:e difference) ............................... PREPARED BY'_~~/f-~~ DATE RECEIVED FEB - 5 1999 MOUND PLANNING & INSR SAWHORSE DESIGNERS F-570 T-918 P-002 FEB 05 '99 10:07 6661, S~BNBISBO BS~OHM~S 899~££q~I9 ' 'dSNI ~? -SNINNV!ci i 666t ~ - 83J ~AI3038 899~££S~T9 668 9 - G 3.-I SEtBNB I S~(I BSEtOHMIdS 899~££q~I9 60:0I 66, S0 6125]32668 SRWHORSE DESIGNERS F-570 T-918 P'006 FEB 05 '99 10:10 i 6125332668 SAWHORSE DESIGNERS F-570 T-918 P-007 FEB 85 '99 18:18 RECEIVED FEB - 5 1999 CITY OF MOUND - ZONING INFORMATION SttEET ADDRESS: ZONING DISTRICT, LOT SIZE/WIDTH: SURVEY ON FILE NO R1A 6,000/40 B2 20,000/O0  R2 6,000/40 B3 10,000/60 R2 14,0O0JSg LOTOPR~CORD? [Y~S~ NO R3 SEE O~. I1 30,000/100 IIOUSE ......... FRO~ N S E W REAR N S TOP OF BLUFF EXISTING LOT SIZE:, L 1t LOT DEPTH; VARIANCE GARAGE, SIIED ..... DETACIIED BUILDINGS FRONT QS E W (~ FRONT N $ E W SIDE N S E W ~4~ OR 6' SIDE N S E W 4'OR6' REAR N S E W 4' LAKE N S E W 50' TOP OF BLUFF 10' OR 30' IIARDCOVER ~ ~-~R 40% ~ ~ CONFORMING? YES (NO~ ? ~"- ' IBY: '~L.,..,.' ~ DATED: ~--~q 'This 7~ning Information Sheeny summarizes a ~rtion of Otc requiremen~ outlined in fl~c Cily of Mound Zoning Ordinance. For futd~cr info~ation, contact ~c City of Mound 0 0 ~-I ~ I ,, RECEIVED. I? 1999 L KE MINNETONKA CONS.ERVATION DISTRICT 18338 MINNETONKA BLVD., DEEPHAVEN, MINNESOTA 55391 TELEPHONE 612/745-0789. FAX 6121745-9085 Gregory S, Nybeck, EXECUTIVE DIRECTOR February 5, 1999 BOARD MEMBERS Douglas E. Babcock Chair, Tonka Bay Bert Foster Vice Chair, Deephaven Eugene Partyka Secretary, Minnetdsta Craig Nelson Treasurer, Spring Park Andrea Ahrens Mound Bob Ambrose Wayzata Kent Dahien Minnetonka Beach Craig Eggers Victoria Tom Gilman Excelsior Greg Kitchak Minnetonka Lili McMillan Orono Robert Rascop Shorewood Herb J. Suerth Woodland Sheldon Wart Greenwood TO: FROM: Lakeshore Weekly News Atto: Legal Department (Fax # 473-0(~ Roger L.Wiflbel~, Administrative Technician SUBJECT: Public Hearing Notice (2-11-99 Edition) LAKE MINNETONKA CONSERVATION DISTRICT PUBLIC HEARING NOTICE 7:00 PM, February 24, 1999 Tonka Bay City Hall 4901 Manitou Road Pelican Point Homeowners' Association New Multiple Dock License Application Spring Park/Phelps Bays, Lake Minnetonka The Lake Minnetonka Conservation District (LMCD) will hold a public hearing to consider a new Multiple Dock License Application from Pelican Point Homeowners' Association. The proposed application is to consider relocating 16 low water slips at the north end of the existing dock to the south end of the property. Details available at the LMCD office, 18338 Minnetonka Blvd., Deephavcn, MN 55391. 50% Recycled Content 20% Post Consumer Waste Web Page Address: http://www.winternet.conV-Imcd/ E-mail Address: Imcd@winternet.com LAKE MINNETONKA CONSERVATION DISTRICT REQUEST FOR REVIEW AND COMMENTS ~W~SOXA D~R G~aAL ~ A~PUCA~ON m~m~t: (Note: L.M.C.D.; 18338 Minnetonka Blvd.; Wayzata, MN S5391) ~0: DNR Area Hydrologist ~£, Comm~ on ~ appli~tion ~e due 10 ~ys fro~ ~pt of t~ noff~. ~R~ to: L DNR Area Fisheries Manager Municipality Other PROPOSAL INFORM~ON Name of Applicant.- ~r~z- ~ efx r~ lla-.~ ~o.i~t ~dption: . , /~ _ ~ ~ ~,~' ." CO~S ON PRO~SA~ Co~en~ on ~o]~ by Re~ewer (a~ ~te ~ · n~d~: Recommendation of Reviewer: Name of Reviewer: LAKE MINN.ETONKA CONS.ERVATION D!STRICT 18338 MINNETONKA BLVD. DEEPHAVEN, MINNESOTA 55391 TELEPHONE 612/745-0789 FAX 612/745-9085 Gregory S. Nybeck, EXECUTIVE DIRECTOR February $, 1999 BOARD MEMBERS Douglas E. Babcock Chair, Tonka Bay Bert Foster Vice Chair, Deephaven Eugene Partyka Secretary, Minnetrista Craig Nelson Treasurer, Spring Park Andrea Ahrens Mound Bob Ambrose Wayzata Kent Dahlen Minnetonka Beach Craig Eggers Victoda Tom Gilman Excelsior Greg Kitchak Minnetonka Lili McMillan Orono Robert Rascop Shorewood Herb J. Suerth Woodland Sheldon Wert Greenwood TO: FROM: Lakeshore Weekly News Attn: Legal Department (Fax # 473-0~ Roger L.WhVoeYg~, Administrative Technician SURIECT: Public Hearing Notice (2-11-99 Edition) LAKE MINNETONKA CONSERVATION DISTRICT PUBLIC HEARING NOTICE 7:00 PM, February 24, 1999 Tonka Bay City Hall 4901 Manitou Road Pelican Point Homeowners' Association New Multiple Dock License Application Spring Park/Phelps Bays, Lake Minnetonka The lake Minnetonka Conservation District (LMCD) will hold a public hearing to consider a new Multiple Dock License Application from Pelican Point Homeowners' Association. The proposed application is to consider relocating 16 low water slips at the north end of the existing dock to the south end of the property. Details available at the LMCD office, 18338 Minnetonka Blvd., Deephaven, MN 55391. 50% Recycled Content 20% Post Consumer Waste Web Page Address: http://www.winternet.com/~lmcd/ E-mail Address: Imcd@winternet.com NEW MULTIPLE Ig)CK, LAUNCII1NG RAMP, AND/OR Ii ,.M~,OORING LICENSE l/ake M' ctonka Conscx~-ation D/strict ' 111338 Minuetonka Blvd. Deephaven,MN 5:5391 . Phone 745-0789 ;;i.,,,;,,;~;:;,; .................................... ~,,,," ",,'~ ............. , ...... . ............ ',. ,~,,~,'~,,7'i". ~ 7'~ .......... Because t&is form is to be cop~ please use black ink or typ~ Pursuant to LMCD Code Section 2.03, a new multiple dock license is requested, in accordance with all data and other information submitted herewith and made a pan hereof. The person completing this form is the~rized agent~jor property owner (circle one). Applicant: Pelican Point Homeowners' Association of Lake Minnetonka Address: 18283A Minnetonka Boulevard City, State, Zip: Deephaven, liN 55391 Phone: 612-475-2097 Fax: 612-475-2005 Property owner (if different fi.om applicant): Address: City, State, Zip: Phone: Fax: PROPERTY LOCATION: The property is located in the city of: Hound The property is riparian to LMCD bay/area(s): Spring Park/Phelps Bay LMCD Area Identification Number(s): Classification of user per Section 2.11, Subd. 2 (please circle one): a) commercial marina d) transient g) private residence b) private club ~ e) outlot association, n)h) other (explain) c) municipal f) multiple dwelling 2. Type of dock construction, describe and attach to-scale drawing: pipe and platform 3. Please submit names and mailing addresses of owners within a 350-foot radius of the property. Such owners must be verified by checking with Hennepin County Auditors Offices, 348-3271, (or a private abstract company) which can provide actual mailing labels at a cost of $1.25 per Tax parcel (minimum of $25.00). This service usually takes two days, and you must have your tax parcel identification number (PIN) ready when calling for this assistance. New Dock License Application - 2 - Documents listed below are required; check that they are attached: :[llLocator Map ClScaled drawing of docks on abutting properties l-ICounty Plat Map :l~lProposed facility site plan :[3Certified Land Survey, Legal Description EIExisting facility site plan Absence of significant data requested above could result in a processing delay. All required permits, licenses, and approvals have been obtained bom the MN DNR and from the city in which the multiple dock, ramp, and/or mooring is located, copies aRached? Yes x No ifno explain: 6. Public liability insurance: Coverage $ 2 million ; Company: State Farm 7. Check the parking requirements of the City if you provide the following services: Boat Storage Launching ramps Sales Service Boat Rentals Restaurant Other (explain) TOTAL 8. Restroom facilities provided: Yes No x Indoor Outdoor portable (number) 9. Boat toilet pumping service provided? Yes No .X 10. Total square footage of dock area including maneuvering space = 18,368 $q. t~. If 20,000-sq. fi. or over, an Environmental Assessment Worksheet (EAW) is required. 11. Boat Storage Units (BSU) computation: Lakeshore Frontage 2,857 feet divided by 50 = 53 BSIYs allowable under the one-boat °per-fifty-foot rule. If this number is less than the total BSU's applied for in the No. 12 bdow, an application for a Special Density License is required per Code Section 2.05. 12. Number of BSU's applied for: LOCATION USE Slips 40 Rent, lease, etc. Slides Service work Lifts Company use Tie~ohs Private use Moorings Transient use OffLake Rack Storage Other Other TOTAL BSU's 4 o TOTAL BSIYs 40 40 New Dock License Application - 3 - 13. WatercraPt Storage Unit (WSU) computation schedule: SLIP SIZE CATEGORIES BSU ® 1 WSU (each slip up to 20' long and/or up to 10' wide) BSU ~ 1.5 WSU (each slip up to 20'-24' long and/or up tol 1' wide) BSU ~ 2 WSU (each slip up to 24-32' long and/or up to 12' wide) BSU ~ 2.5 WSU (each slip up to 32-40' long and/or up tol4' wide) BSU ~ 3 WSU (each slip up to 40-48' long and/or up to 16' wide BSU ~ 4 WSU (each slip over 48' long and/or over 16' wide) BSU and WSU Totals 14. Fee Calculation: Base fee>>>>>>>>>>>>>>>>>>>>>>>>>>> Number of Watercraft Storage Units (WSU) ~ x $7.50 = $500.00 Total Fee Enclosed ......................................................... $ ,//~0 ~ I certify that the information provided herein and the attachments hereto are true and correct; I understand that any license issues may be revoked by the District for violation of the LMCD Code. I agree to reimburse the District for any legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the applicatioa fee. I consent to permitting officers and agents of the District to enter the premises at all reasonable times to investigate and to determine whether or not the Code of the District is being complied with. I agree~ su ~/bmit a certified, as-built survey upon completion of the docks. Titi~...~ ~'~/~. ~ff.d~/~Z ~ ~ ~ ~ ~'.3'. ,t~-'f'O e-'Return this application, attacluucnts ~d fcc to: Relationship to Owner Lake Minnetonka Conservation Dist. 18338 Minnetonka Blvd Phone: 745-0789 Fax: 745-9085 Deephaven, MN 55391 q ].~oN 666L ~ 0 f ~ ,f BOARD MEMBERS William A, Johnstone Chai~. Minnelonka Douglas E. Babcock Vice Chair, Spring Park Joseph Zwak Secretary. Greenwood Robed Rascop Treasurer, Shorewood Mike Bloom Minnetonka Beach Albed (Bed) Foster Oeephaven James N Gralhwol Excelsior Duane Markus Wayzata Ross McGlasson Tonka Bay Craig Mollel Vicloria Eugene Padyka Minnelrisla Tom Reese Mound Herb J Suedh Woodland Orono LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 ° WAYZATA, MINNESOTA 55391 - TELEPHONE 612/473-7033 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR December 9, 1994 Mr. John BoTer Boyer Building Corporation 18283A Minnetonka Boulevard Wayzata, MN 55391 Dear Mr. Boyer, We are pleased to confirm the LMCD board action taken October 26, 1994, approving the Boyer Building Corporation Pelican Point new multiple dock license in Spring Park Bay, City of Mound. Minutes of the October 26, 1994'board action were approved at the board's regular December 7, 1994 meeting in which the board action to approve this license was reported. This license was approved subject to the adoption of an Ordinance to Establish a Special Rule for Continuous Shoreline of Dock Use Areas in Close Proximity and the following six conditions: 1) An LMCD-prepared Environmental Assessment Workshee% (EAW) will not be required. 2) Water depths for each boat storage unit (slip) are on file as part of the application. 3) The number of docks installed cannot exceed the number of building permits issued. 4) LMCD legal counsel and board will review and T h e o r d i ~--a n c e '/'~Mf'~-enc'6cF~a b'~, c-~o. y e'fi'~4 os e S amended in co~ittee and approved by the board, passed its second reading at the Dece~er 7, ]994 board meeting. In a subsequent clarification with the Mound city manager~ it was learned that one city building permit will be issued for this development. The third condition above presumes building permits for each townhome structure will be issued. In lieu of the building permit being issued for each townhdme, it will be recommended to the board that the number' of docks installed do not exceed the number of CITY OF MOUND February 10, 1999 TO: MAYOR & CITY COUNCIL FROM: FRAN CLARK, CITY CLERK SUBEJCT: LICENSE ~WALS 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364~1687 (612) 472-0600 FAX (612) 472-0620 The following licenses are up for renewal. The license period is March 1, 1999 through February 28, 2000. Approval is contingent upon all required forms, insurance, etc. being submitted. Garbare Best Disposal Blackowiak & Son Randy's Sanitation Westonka Sanitation BFI of Minnesota (formerly Woodlake Sanitation) Cigarette American Legion Post//398 By the Way Snack Shop (Steve Bedell) Jubilee Foods Mainstreet Market (formerly Brickley's) Minnetonka Boat Rental PDQ//292 R & R Bait SuperAmerica VFW Post//5113 prinled on recycled paper FEB-lO-99 WED 16:40 JOHN BEISE FhX NO, 612 472 2888 P, 02 2/10/99 Ed Shukle City Of Mound 5341 Maywood Rd. Mound, MN. 55364 Re; Park Commission opening Dear Ed: I am currently a resident of Mound and have been my entire life. My father moved to Mound in 1925, so through growing up in mound and learning his knowledge of this town along with my own experiences here. I feel I would be a good candidate for this position. Thank you John Beise . John Be~se 5628 Bartlett Blvd Mound, MN. 55364 FEB-lO-99 NED 16:40 I I JOHN BEISE F~,X NO, 612 472 2888 P, 03 Employment: Burnet Realty Inc. / Coldwell Banker Burnet · Residential real estate sales · New construction specialist 1995-Present Skyline Displays Inc. · Group leader · Customer service representative · Vinyl graphics production Maintenance manager · Manufacturing engineering tech. 1989-1995 Toro Home Improvement Division · Assembler · Maintenance · Fork lift operator · 18 wheel dock truck driver Assembly line supervisor 1987-1989 Meyers Mound Service · Petroleum products distribution specialist · Recovery unit operator · Small engine mechanic · In house sales of lawn & garden equipment 1983-1987 COLDI, U~A.L BANK~.-.R ;3 Education: High school Mound Westonka 1987 Technical Training: .Hennepin County Technical College · AutoCAD training (computer assisted drafting) · Industrial Electricity (ac) Dakota County Technical College · Fork lift operator National Technology Transfer, Inc. · Mechanical drives Toro Training Center · Excellence In Supervision · Toro Retail Sales 1994 1991 1992 1994 1989 1987 Real Estate Education Pro Source · Course I, II, and III and state sales License · Invest~nent cash flow analysis · Houses: from the ground up · Houses: New Construction Sales · Houses: An Inside Look at Mechanical Systems · Houses: Be Your Own Remodeling Contractor / Energy Code Burner Realty Institute · Graduate Program (8 Weeks) · Specializing in New Construction · National Certified New Home Specialist Designation · Your Home As An Investment 1995 1996 1996 1997 1998 1998 1995 1996 1997 1998 Member of: Minneapolis Area Association of Realtors .RI.. IR _N~.T Member of Lake Minnetonka Area Chamber Of Commerce ~ FEB-04-1999 11:40 ZERO-MAX 612 546 828? P.01/01 John L. Ecelcs 5038 Woodland RD. Mound, MN. 55364 (H) 472-4293 (W) 567-4457 Dear Mr. Shukle: My name is John L. Ecclcs and a resident of Mound for over 40 years. I would like to submit my name to fill the vacancy on the Park and Open Spa~ Commission. Two of the reasons I would like to be involvexl is to k~p up with the decisions and problems concerning the natural resources of our city. I thought about joining the commission years ago and have kegt current through the articles in the paper and of course through city scuttlebutt on occasion! Becoming aware of a vacancy I decided to tingly write in hope you will consider me for this position. Yours truly, John Eccles TOTAL P. 01 BILLS February 23, 1999 Batch 9019 4,299.21 Batch 9020 139,417.00 TOTAL BILLS 143,716.21 ,0 m Z r~ 0 --4 0 ,0 *=4 N 0 Z -0 ,0 ° r' 0 0 oqo 000 0 0 0 0 0 0 ~ ~ oo ~ ? I n ? -~ r,o 1'5 I" 0 .-I I-- ! Ill nl 0 C~ ;Z 0 Z o ?? : ? -r i Z~ OZ ~3 o J c 0 C z r- Z ! ! ! 0 ~D I ZZ T -1' i I- -1'-'I---'-1----¥--' I",1 ' I Z n~ 0 Z ~' Z 0 0 ~ .-4 ????,, , ~r .-I0 C t- 0 0 c: Z Z CZ 0 (:ir Z I 0'- ! = '' ' 44 4 '' 0 o Z o ! ! ! ! ! ! ! ~ ! ! ! ! ! ! I ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ~ ~! ! ............... gg 0~. Z LU --I ~ ,-,I U. 44 ~ z c c z CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Februa~ 12,1999 Honorable Mayor, City Council, and City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: 1998 ANNUAL REPORT PLANNING AND INSPECTIONS DEPARTMENT Dear Mayor, Council, and City Manager: It is my pleasure to present the Annual Report of the Planning and Inspections Department. It is our hope that this report will supply management with enough data to study and then decide and direct this department in its course of action in the years to come. We welcome any comments, suggestions or questions you may have. Jon Sutherland Building Official JS:kl printed on recycled paper PLANNING AND INSPECTIONS DEPARTMENT 1998 ANNUAL REPORT CONTENTS PERSONNEL ........................................................ 1 CONSTRUCTION ACTIVITY ............................................ 1 PUBLIC LANDS ...................................................... 2 PLANNING & ZONING ................................................. 2 COMPLAINTS & ORDINANCE VIOLATIONS ............................... 2 ORDINANCE CHANGES .............................................. 2-3 BUILDING CODE EFFECTIVENESS GRADING SCHEDULE (BCEGS) ........... 3 INTERNATIONAL BUILDING CODE (IBC) ................................. 3 REVENUE/EXPENDITURES ............................................ 4 GOALS ............................................................. 4 EDUCATION AND TRAINING ........................................... 5 SUMMARY .......................................................... 5 EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT F: EXHIBIT G: EXHIBIT H: CONSTRUCTION ACTIVITY NEW HOUSING UNITS (1974-1998) TOTAL YEARLY VALUES OF NEW CONSTRUCTION BUILDING ACTIVITY REPORT, DECEMBER 1998 PLANNING & ZONING CASE STATISTICS STORM DAMAGE REPORT FOR 1998 STREAMLINING PERMITS FOR 1998 DEVELOPMENT SCHEDULE (INTERNATIONAL BUILDING CODE) Planning & Inspections 1998 Annual Report PERSONNEL: 1998 was a year of growth and training for us with the personnel changes in our secretary (Kris Linquist), and planner (Loren Gordon), positions that had occurred in the year before. Kris Linquist, our Planning and Inspections Secretary, has proven herself competent in her position and is gaining additional knowledge and ability as time goes on. Loren Gordon (Hoisington Koegler Group Inc.), has done a good job with our planning cases and work load previously done by Mark Koegler. CONSTRUCTION ACTIVITY: Construction activity is measured by the number of permits issued and the total value of the permits. There were 781 permits issued in 1998 for a total value of $6,247,432. Please note Exhibits A-D which illustrate our construction activity in more detail. The bulk of the construction activity in 1998 was in RESIDENTIAL ADDITIONS AND ALTERATIONS, 443 permits were issued for a total value of $3,410,464. There were 14 new homes built with a construction value of $2,619,437. Our new dwellings had an average permit value of $187,102 versus $167,418 in 1997, this average includes units constructed at Pelican Point that had individual permit values as high as $367,000. In May, a terrible storm passed thru and caused a lot of property damage to many homes in Mound, we issued 43 storm related permits with a valuation of $228,983 and some storm related permits are still trickling in. On the commercial side the construction year was slow but not without highlights, a few of which are: the portable skate park which was installed during the summer months in the Pond Arena, Our Lady of The Lake Church completed a remodel of the cafeteria, the School District installed a Monopole on its Lynwood Blvd. site. Work with the Mound Visions project is continuing and the dredge is now in progress. Redevelopment is a very important aspect in our community and will require an appropriate amount of attention from the Planning Department in order to maintain conformance with the comprehensive plan and protect its long-term function. Planning & Inspections 1998 Annual Report PUBLIC LANDS: Over the last year, our Public Lands permit updating process has been limited to responding to permit applications. City Code Section 320:00 was amended by adding a section which requires a five year $75:00 permit fee for certain structures. Conditions may be added to the permit by the Council. This requirement will help spur the completion of the permit cycle in 1999. PLANNING & ZONING There were 69 total zoning cases in 1998. A complete accounting of our zoning actions are listed in the attached Exhibit E for Zoning Case Statistics. Out of 51 variance requests, we had 40 approved, 2 denied, 4 withdrawn, 2 tabled, and 3 Held. So looking at the 44 variance cases that were fully processed, 40 were approved for an approval rating of 90% for 1998. I continue to be hopeful that the historically high number of variance cases and corresponding high approval rating will eventually result in a set of regulations that are consistent with what we end up approving anyway. A few Zoning Issues that were challenging for the community in 1998 include the Seton Bluff Subdivision, the Amoco Service Station and Car Wash, the Community Center Project, the Norwood Lane Twin Home Project, the Telecommunications Ordinance/US West's Monopole for the School District, and The Early Childhood Education Center at 5241 Shoreline Drive. COMPLAINTS & ORDINANCE VIOLATIONS: Complaints and ordinance violation statistics are located within the Police Department's monthly and annual report. The majority of our complaints are handled by the Community Service Officers. We work with them on a regular basis, however, they are supervised by the Police Chief. The CSO's continue to do a great job and the appearance of the community reflects their work. Not included in our recordkeeping are complaints related to violations of sign ordinance, building code, rental ordinance, or issues addressed independently by the Planning and Inspections Department staff. ORDINANCE CHANGES: Telecommunications are now regulated and work continues on this new Ordinance. Several issues and possible changes to the Zoning Code are in process 2 Planning & Insl)ections 1998 Annual Report including but not limited to, Boathouses, Trellis's/Fences, Streamlining, Stormwater Management, and work on these issues will continue well into 1999. BUILDING CODE EFFECTIVENESS GRADING SCHEDULE (BCEGS): The Insurance Industry and the Insurance Service Office, Inc. (ISO), evaluated the Inspections Department and the City in April of 1998 with a process called the Building Code Effectiveness Grading Schedule (BCEGS). This process has evaluated the effectiveness of our city's building code program from the perspective of the insurance industries potential loss due to natural disasters. BCEGS is a measure of local building code enfomement capabilities. The concept is that municipalities with effective codes that are well enforced should demonstrate better loss experience and insurance rates should reflect that. Our official rating and explanation should be received early in 1999 and I will be reporting on this rating at that time. INTERNATIONAL BUILDING CODE (IBC) There are currently three separate Building Official organizations in the United States known as The International Conference of Building Officials (ICBO), Building Officials and Code Administrators International (BOCA), and the Southern Building Code Conference International (SBCCI). All three organizations have now combined there codes into one document called the International Building Code (IBC). They also formed the coalition called the International Code Council (ICC), which has the objective to bring national uniformity to the building codes. Our goal is to have a final document ready for publication and adoption by the year 2000. This process has been ongoing for some time, attached as Exhibit H is a development schedule for your information. The IBC will likely be adopted by the State of Minnesota (and subsequently Mound), in the year 2001. Issues such as the Americans for Disabilities Act, environmental regulations, energy conservation, response to disasters such as floods, earthquakes, fire, and wind, are all national issues. It is in the best interest of the nation and our membership of Building Officials to consolidate our documents into one. It also allows us code officials to utilize our energies and efforts to promote wider code adoption and better code enforcement which should in turn result in a better built environment for humanity. Planning & Inspections 1998 Annual Report REVENUE & EXPENDITURES: Below is a summary of budget and revenue for construction activity: 1994 1995 1996 1997 1998 Actual Actual A ctua/ Actual Actual REVENUE 114,442 105,199 128,893 154,054 129,561 EXPENDITURES 149,645 163,280 170,238 187,663 192,986 GOALS: We have made progress towards achieving our goals that we set for 1998, and I continue to see room for improvement. I am also looking forward to the Councils upcoming Goal Setting Retreat and as a result we may have some further guidance, so here they are again and lets see what we can do for 1999. Our Goals for 1999 are: · Continue to revise and develop procedures for effective nuisance abatement consistent with community spirit. · Improve staff's response to complaints, record keeping and tracking of complaints and problem areas to provide for improved compliance. · Complete the update and permit cycle of Public lands permits · Improve public awareness of zoning codes and ordinances. · Improve condition of City files · Improve reporting of activities to the City Council. · Update fee schedules. · Continue evaluating the streamlining process. · Update building/zoning handouts. · Evaluate a new computerized permit system and, if reasonable propose as part of budget process. 4 Planning & Inspections 1998 Annual Report EDUCATION AND TRAINING: Every municipality within the State of Minnesota over a certain population is required by state statutes to adopt the State Building Code in its entirety and appoint a qualified Building Official who is tested and certified by the Department of Administration Building Codes and Standards Division. Each Building Official must satisfactorily complete applicable educational programs established or approved by the Commissioner of the Department of Labor and Industry. Continuing Education is imperative to maintain certification and to stay abreast of the every changing codes and new methods of construction. Some of my educational opportunities in 1998 were: ICBO Annual Code Change Hearings/Conference, September 6-11 in San Diego, California. 43na Annual Institute for Building Officials, University of Minnesota Earl Brown Institute in January. North Star/ICBO Chapter regular and subcommittee meetings. 1998 Spring Building Code Seminar, 12-2-98. SUMMARY: Much has happened in the last year. The work load was high due to the number of permits issued and the high number of zoning cases. We have accomplished a majority of our goals from 1998. We entertain any suggestions or comments you may have. We will continue our endeavor to improve our efficiency and service to the public. I am honored to be surrounded by such excellent people within this and other departments of the City. We look forward to another exciting and challenging year. 5 0 Oz ~o 80 ._~ r~ Z 0 0 s),!u fl # C) 77 Value in Millions $ 0 0 (CD 0 0 0 C) C) 0 0 C) 78_ 79. 80~ 81 _; 82. 83 g 85 ~ 86 ~' 87 ~ ~0 91 93' 94 95 - 96. 97 : 98 : m Planning & Inspections Department 1998 Annual Report EXHIBIT D CITY OF MOUND BUILDING ACTIVITY REPORT MONTH: DECEMBER YEAR: 1998 RESIDENTIAL NEW CONSTRUCTION SINGLE FAMILY DETACHED SINGLE FAMILY ATTACHED (CONDOS) TWO FAMILY / DUPLEX MULTIPLE FAMILY (3 OR MORE UNITS) TRANSIENT HSG. (HOTELS / MOTELS) SUBTOTAL NON-RESIDENTIAL NEW CONSTRUCTION COMMERCIAL (RETAIL/RESTAURANT) OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL ESlDENTIAL DDITIONS I ALTERATIONS ADDITIONS TO PRINCIPAL BUILDING DETACHED ACCESSORY BUILDINGS DECKS SWIMMING POOLS REMODEL - MISC. RESIDENTIAL REMODEL - MULTIPLE DWELLINGS SUBTOTAL IANON-RESlDENTIAL DDITIONS I ALTERATIONS COMMERCIAL (RETAIL/RESTAURANT) OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS DETACHED ACCESSORY BUILDINGS SUBTOTAL IDEMOLITIONS RESIDENTIAL DWELLINGS NON-RESiDENTiAL DWELLINGS TOTAL DEMOLITIONS TOTAL THIS MONTH YEAR TO DATE II#PERMITSll #UNITS II VALUATION II #UNITS II VALUATION 2 2 315,250 10 1,269,634 4 1,349,803 2 J~ PERMITS 315,250 14 2,619,437 VALUATION I~ PERMITS I VALUATION 0 I~ PERMITS 1 1 22 1 25 J~ PERMITS 0 IF PERMITSI # PERMITS # UNITS 27 2 41,000 33 1,365,509 5,000 29 362,849 61 216,046 3 23,717 145,354 315 1,442,343 1,500' 2 10,076 192,854 443 3,410,464 3 50,670 3 6,7OO 1 500 6 156,161 13 214,031 IVALUATION IF PERMITS I VALUATION I 2 2300 2 1200 4 3,500 # UNITS VALUATION # PERMITS VALUATION 27 508,104 474 6,247,432 IPERMIT COUNT * BUILDING FENCES & RETAINING WALLS SIGNS PLUMBING MECHANICAL GRADING S & W. STREET EXCAV., FIRE, ETC. ITOTAL THIS DATEI 27 474 1 23 1 9 8 128 7 110 0 3 3 34 I 47 I 761 I Planning & Inspection Department 1998 Annual Report Exhibit E PLANNING COMMISSION BOARD OF APPEALS Case Statistics CONDITIONAL USE PERMIT SKETCH PLAN REVIEW PLATS/PDA'S/MAJOR SUB SUBDIVISIONS, MINOR '~INOR SUBDIVISION EXTENSION ' ORDINANCE AMENDMENTS REzoN.i~i~ 0 3 0 0 3 - 5 .... 48 6 69 VACATtON~ ............... 3 ............. MOVING BUILDING WAIVER OF PLATTING VARIANCE EXTENSIONS ; 3 VARIANCES ~ 37 ; 2 4 TOTAL ~ 57 ; 2 i 4 ~:'::~~';~ CONDITIONAL USE PERMIT SKETCH PLAN REVIEW PLATSiPDA;s- SUBDiglSIONS, MINOR ORDINANCE AMENDMENTS REZONING VACATIONS MOVING BUILDING WAWER OF PLATTING VARIANCE-EXTENSIONS 1 39 3 55 VARIANCES 34 1 3 TOTAL 46 3 3 CONDITIONAL USE PERMIT 5 5 SKETCH PLAN REVIEW PLATS/PDA'S/MAJOR SUB SUBDIVISIONS, MINOR ORDINANCE AMENDMENTS RE;ZONiNG- vACATI(~N~ MOVING BUILDING WAIVER OF PLATTING VARIANCE EXTENSIONS VARIANCES ~-TOTAL (N/A) 1 8 1 1 2 3 1 39 62 4 46 4 72 Planning & Inspection Department 1998 Annual Report MONTH YR DAY MAY 98 15 STORM DAMAGE REPORTED IN 1998 ADDRESS OWNER MAY 98 15 1735 CANARY LANE MAY 98 20 4687 ISLAND VIEW DRIVE MAY 98 21 4665 ISLAND VIEW DRIVE MAY 98 22 4686 ISLAND VIEW DRIVE MAY 98 22 4701 ISLAND VIEW DRIVE MAY 98 26 3225 GLADSTONE LANE MAY 98 28 4725 ISLAND VIEW DRIVE MAY 98 29 4848 ISLAND VIEW DRIVE JUNE 98 4 5017WILSHIRE BLVD JUNE 98 4 2901 HAZELWOOD LANE JUNE 98 5 4673 ISLANDVIEW DRIVE JUNE 98 12 4435 DORCHESTER RD JUNE 98 23 4738 ISLAND VIEW DRIVE JUNE 98 23 1863 SHOREWOOD LANE JUNE 98 26 4723 BEACHSIDE RD JUNE 98 25 1741 RESTHAVEN LN JUNE 98 24 4711 ISLAND VIEW DR JUNE 98 30 4844 ISLAND VIEW DR JUNE 98 30 1963 LAKESIDE LANE JULY 98 6 3006 ISLAND VIEW DRIVE JULY 98 10 4771 ISLAND VIEW DR JULY 98 13 1676 CANARY LANE JULY 98 14 4665 ISLAND VIEW DR JULY 98 15 4609 ISLAND VIEW DR JULY 98 23 4870 ISLAND VIEW DR JULY 98 23 3135AYR LANE JULY 98 28 4832 DONALD DR JULY 98 29 4801 ISLAND VIEW DR JULY 98 31 1890 SHOREWOOD LANE AUG 98 14 5070 BAY PORT RD AUG 98 10 3213 DEVON LN AUG 98 17 4767 ISLAND VIEW DR AUG 98 18 5869 IDLEWOOD RD SEPT 98 15 3025 ISLAND VIEW DR SEPT 98 18 4649 ISLAND VIEW DR SEPT 98 28 4817 HANOVER RD SEPT 98 24 1920 SHOREWOOD LN SEPT 98 29 1871 SHOREWOOD LN OCT 98 9 2149 CARDINAL LN OCT 98 21 5116 TUXEDO BLVD OCT 98 26 4925 BRUNSWICK RD NOV 98 3 5079 BARTLETT BLVD NOV 98 12 5174 TUXEDO BLVD E LEO BULLOCK JOHN GABOS MARK & GINA SMITH HAROLD IVERSON GREG KNUTSON NElL FINNICUM DAVE ALEXANDER JOHNSON RICHARD DEVENY MIKE GERLICHER FRANK AHRENS II CRAIG HENDERSON RANDALL MEYER TOM SCHAMMEL JOE STIBAL MIKE SHEARER TOM LATCHAM JORJ AYAZ LORETTA MERCHANT THOMAS RODEN JOHN VERKENNES ROBERT SHANLEY MARK SMITH ALI TOUBA VERNON TAPELT TIM WILLIAMS RICHARD BENIKE CURTIS OLSON DOUG MOLUMBY JEFF MCMURRY IGOR KAZANIUK RONALD MCCOMBS HELEN CARLSON DAN MYERS WES LAFORTUNE ROBERT RATZ GREG KELLER BRAD BLAZEVIC WILLARD BOTKO JIM MERCHANT DAVID UMBEHACKER JOHN O'BRIEN NICK TANCHEFF TYPE OF CONST, DECK REPLACEMENT BOATHOUSE REPAIRS REROOF REPAIR & REROOF REPAIRS DUE TO STORM REPAIR ROOF DECK REPLACEMENT REROOF REROOF, SIDING ROOF REPAIRS, INTERIOR REPAIRS TO DECK REROOF ROOF REPAIRS REROOF 3 SEASON PORCH GARAGE ATTACHED ROOF DAMAGE, MlSC REROOF, ROOF REPAIRS REROOF REROOF, REPAIR ROOF REROOF REROOF DECK, WINDOW, DOOR REROOF, RESIDE REROOF REROOF REROOF DECK REROOF INTERIOR REMODEL, ROOF TIMBER WALL REPLACE REROOF ROOF REPAIRS REROOF REROOF DECK GARAGE ROOF PJR WOOD SHAKES SUNROOM REPAIR GARAGE, REROOF REPAIR RAFTERS, REROOF REROOF, REPLACE WINDOWS ROOF REPAIR TOTAL VALUATION Exhibit F VALUATION 2,600 3,300 2,300 7,500 8,500 600 5,280 1,000 8,000 26,573 125 3,975 4,500 2,336 8,755 12,000 9,167 4,000 3,100 1,800 3,000 4,250 15,0O0 4,200 3,100 2,000 6OO 3,135 3,390 12,853 12,000 5,700 2,500 1,300 2,000 1,344 6,000 5OO 16,000 7,200 2,500 4,000 1,000 228,983 Planning & Inspection Department 1998 Annual Report Exhibit G 1998 STREAMLINING PERMITS ADDRESS 1881 Commerce Blvd 4705 Island View Dr 1928 Shorewood Ln 2162 Cardinal Ln 2149 Cardinal Ln APPLICANT TYPE OF PERMIT D~a~idTaylor ...................§-s-~a~-p~-~/r-~-sid~' garage Grandview Middle School Gene Smith Dennis Johnson Ron Lopergalo Willard Botko Sign Deck & Sidewalk Single Family Dwelling Deck Sunroom Planning & Inspections 1998 Annual Report Date May 96 Jun 96 Aug 96 Apr 97 May 97 Aug 97 Sep 97 Nov 97 Jan 98 Feb 98 Apr 98 Jun 98 Jul 98 Oct 12' Jan 22 Mar 15-26' May 17 Jun 28 Jul 30 Sep 99 Apr 00 DEVELOPMENT SCHEDULE INTERNATIONAL BUILDING CODE Activity Steering Committee - First meeting Steering Committee - Second meeting First Draft Development Technical Subcommittees - First meeting Technical Subcommittees - Last meeting Publish Working Draft (3-month review) Public Comments on Working Draft Subcommittee Revisions to Steering Committee Publish International Building Code, First Draft Final Draft Development Deadline for public submittals to First Draft Publish First Public Hearing Agenda (2-month review) Public Hearing on First Draft Revisions to Steering Committee Publish International Building Code, Final Draft Final Document Development Deadline for public submittals to Final Draft Editorial Revisions to Steering Committee Publish Second Public Hearing Agenda (6-week review) Public Hearing on Final Draft Publish report on Public Hearing Deadline for Public Comments Publish Consent Agenda for Annual Meetings Membership Action Publish 2000 International Building COde® Int. 0 +1 +3 +11 +12 +15 +16 +18 +20 +21 +23 +25 +26 +28.5 +31.5 +33.5 +35.5 +37 +38 +39.5 +47 EXHIBIT H Remarks Performance Committee meets in this period. Steering Committee meets as necessary to review all committee progress. Proposed changes considered in accordance with Sections 3.0 thru 5.0 of the IBC First Draft Development Process Proposed changes considered in accordance with Sections 3.0 through 5.0 of the IBC First Draft Development Process and 6.0 and 7.0 of the ICC Code Development Process for the International Codes. * Approved May 10, 1998, by ICC Board of Directors 2000 INTERNATIONAL BUILDING CODE~- FINAL DRAFT 7198 CITY OF MOUND, MINNESOTA LIQUOR FUND ,MPARATIVE STATEMENT OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS YEARS ENDED DECEMBER 3t, 1998 AND t997 Exhibit E-5 OPERATING REVENUE Sales Cost of goods sold GROSS PROFIT OPERATING EXPENSES Personal services Supplies Professional services Communications Insurance Utilities Repairs and maintenance Rent Other contractual services Depreciation Other TOTAL OPERATING EXPENSES OPERATING INCOME NONOPERATING REVENUE Interest on investment INCOME BEFORE TRANSFERS OPERATING TRANSFERS TO OTHER FUNDS NET INCOME RETAINED EARNINGS, JANUARY 1 RETAINED EARNINGS, DECEMBER 31 1998 Amount $1,671,288 1.258.919 412.367 143,606 3,855 2,400 1,883 13,700 6,895 2,423 31,843 4,090 1,411 4.335 216,441 195,926 19.682 215.608 (78.500) 137,108 369.131 $506.239 Percent of Sales 100.00% 75.33 24.67 8.59 0.23 0.14 0.11 0.82 0.41 0.14 1.91 0.24 0.08 0.26 12,95 11.72 1.18 12,90 ~.70) 1997 Amount $1,533,378 1.1 63.745 369.633 137,231 3,725 2,440 2,593 18,367 7,650 929 30,418 3,109 3,548 4,310 214.320 155,313 13,365 168.678 (75.500) 93,178 275.953 $369,131 Percent of Sales 100.00% 7~.89 24.11 8.95 0.24 0.16 0.17 1.20 0.50 0.06 1.98 0.20 0.23 0.28 13.98 10.13 0.87 11.00 (4.92) §,08% CITY OF MOUND, MINNESOTA LIQUOR FUND COMPARATIVE BALANCE SHEETS DECEMBER 31, 1998 AND 1997 Exhibit E-4 ASSETS CURRENT ASSETS Cash and temporary investments Change funds Inventories, at cost Prepaid items TOTAL CURRENT ASSETS FIXED ASSETS, AT COST LESS ACCUMULATED DEPRECIATION NET FIXED ASSETS TOTAL ASSETS 1998 $479,329 925 125,900 606.154 52,750 (47.548) 5.202 $611,356 1997 $287,243 925 116,095 404.263 53,250 (46.637) 6.613 $410,876 LIABILITIES AND RETAINED EARNINGS CURRENT LIABILITIES Accounts payable Accrued salaries and compensated absences payable TOTALCURRENTLIABILITIES RETAINED EARNINGS Unreserved TOTAL LIABILITIES AND RETAINED EARNINGS $75,888 29.229 105,117 506.239 $611,356 $15,801 25.944 41,745 369.131 $410,876 February 18, 1999 MAYOR, CITY COUNCIL AND CITY MANAGER I have enclosed the 1998 Annual Report of the Finance Department. The purpose of the report is to point out the financial condition of the City of Mound to the City Council, which sets the policies that direct the future of the City. The financial recaps included in this report provide you with a preliminary summary of the City of Mound's financial position for 1998. The year 1998 was a productive one in the Finance Department. I would like to thank the staff of the department for their hard work during this challenging year. I look forward to a productive year in 1999. Respectfully, Gino Businaro Finance Director My first responsibility is the supervision of the Finance Staff. The current personnel in the Finance Department is as follows: NAME TITLE STARTING DATE Kathleen Hoff Gayle Bethke Joyce Nelson Gino Businaro Accounts Payable Clerk Accounting Clerk Utility Billing Clerk Finance Director 09-28-98 12-21-77 05-31-77 11-23-92 The finance staff should be commended for the teamwork and cooperation they have demonstrated in 1998. JO¥CE NELSON Joyce handles the water and sewer billing process. We have approximately 3,300 residential accounts that are billed quarterly on a cyclical basis (the City is divided into three billing districts). In addition, there are 126 commercial accounts that receive a bill every month. With this many customers to serve Joyce is kept quite busy. At the same time Joyce coordinates the various recycling programs. As an example of participation, for the month of October, out of 13,384 households, 6,218 had their recyclable set out. That is a 47% participation. The total materials collected for the year was 1,163 tons. Joyce also continues to assist Greg Skinner in public works with some of the paperwork and computer data entry as time allows. Katie Hoff Katie does the special assessment searches of properties as requested by Realtors, title companies or residents when a house in Mound is purchased. Katie receipts any prepayments of special assessments and she notifies the County of the prepayment. Any money collected is invested to pay off the special assessment bonds when they become due. Katie's major responsibility is the processing of payments to city vendors (the accounts payable function). She codes and enters into the computer all the invoices and pays city vendors for purchases of goods or services. In 1998 over 3,000 checks were issued for a total of $5,937,870. ~AYLE BET~L~E Gayle, as the Payroll Clerk, is responsible for all functions related to payments and benefits to city employees. She maintains and processes payroll every two weeks. In 1998 over 1,500 payroll checks were issued to employees and over 300 checks were issued for other payroll related purposes for a total of over 1.9 million dollars. Some of these payments are made by phone with a direct debit to the city bank account. She works with and maintains all documentation for each employee from the hiring date to termination and post retirement. As the General Ledger Clerk, Gayle works in the following areas: Data entry for the computerized financial system and monthly reports' distribution to departments Computer back up's and year end closing of Finance and payroll applications Miscellaneous receipts and receivables Employees benefit enrollment, changes to benefits and related requirements Miscellaneous billing and reports to other agencies Reports for the Liquor Store: monthly sales tax reports, NSF checks Preparation of monthly, quarterly, and yearly reports to various federal and state agencies Bank reconciliation Issuance of merchant and dog licenses and assistance at the main counter when needed. Depot Rental The Depot rental income over the last five years was as follows: 1993 1994 1995 1996 1997 1998 $1,800 $2,100 $2,450 $1,825 $2,322 $2,550 INVESTMENTS Cash management and investment of City funds are an important aspect of my job. The first objective in investing City funds is safety, legal constraints, and liquidity. Taking safety and liquidity into account, I look for the best market rate of return, normally within a 3-6 month range. I continue to follow a policy of investing only with broker/dealers in this state from the list approved by the City Council at their first meeting in January. The following is a breakdown of investments as of December 31, 1998: Commercial Paper Money Market 3,268,187 1,109,857 TOTAL $ 4,378,044 A comparison of interest earned for the City on all funds is as follows: 1993 335,667 1994 318,235 1995 249,700 1996 214,868 1997 219,401 1998 207,285 Interest income in 1995-98 is down from 1993-94. This is due primarily to the decrease of cash balances available for investment and the interest fluctuation in the financial markets. Ail interest income is accumulated in the Investment Trust Account and distributed to the funds in proportion to the average balance during the year. For example, during 1998, the General Fund was allocated $50,965 in interest (24.6% of all interest earned) while the Capital Improvements Fund was allocated $40,861 in interest (19.7% of total interest). BUDGET Preparing the data for the annual budget document that is submitted to the Council is another important function of my job. During June, I estimate the revenues for the current year and also work on an estimate of the expenditures for the current year. I work closely with the City Manager in budgeting revenue amounts and salary projections for the following year. The Finance Department budget is my responsibility, along with the City Property, the Special Revenue Funds and the debt service requirements. Once the City Manager reviews the expenditure budgets with each of the department heads, the budget is compiled, analyzed and adjustments are made. The document is then prepared and presented to the Council for approval. The Water and Sewer Funds are examined during the budget process. The projected revenues and expenses are used to determine the adequacy of the rates. The Enterprise Funds (Liquor, Water, Sewer, and Recycling) are presented to the Council along with the General Fund for Council approval. 4 OUTSTANDING DEBT The total outstanding debt as of 12-31-9@ is $2,590,000, with $1,155,000 in refunding bonds. The following details the outstanding debt: COMMERCE PLACE DEBT SERVICE BONDS This fund accounts for principal and interest payments on the 20 years' bonds sold in 1985. The bonds will be paid for from the tax increment from the Commerce Place Development. The increment from the development is sufficient to make the principal and interest payments. With the developers' letter of credit and the Mound Clinic and Thrifty White as corner stores, Commerce Place is meeting all of its financial obligations. The City made principal payments of $140,000 during 1998, and has an outstanding balance of $1,110,000 at December 31, 1998. In 1993 TIF Refunding Bonds in the amount of $795,000 were issued and are outstanding as of December 31, 1998. SPECIAL ASSESSMENT BONDS Special Assessment Funds are used to account for the construction and financing of certain public improvements such as streets, sidewalks, street lighting and storm sewers. Bonds are issued and are paid for in full or in part from the special assessments levied against benefitted properties. No new bonds were issued during 1998. The City made principal payments of $35,000 during 1998, and has a zero outstanding balance of special assessments bonds payable. WATER/SEWER REVENUE BONDS The principal and interest on water revenue bonds are paid out of the revenue generated from the water and sewer bills. The City made principal payments of $95,000 during 1998, and has an outstanding balance of $1,120,000 at December 31, 1998. In 1993 bonds were issued in the amount of $1,350,000 with 45% allocated to the Water Fund and 55% to the Sewer Fund. PUBLIC WORKS FACILITY DEBT SERVICE This fund accounts for the principal and interest on bonds issued in 1988. The principal revenue source is a property tax levy. The City made principal payments of $60,000 during 1998 and has an outstanding balance in building refunding bonds of $360,000 at December 31, 1998. The following shows the total outstanding debt for the City of Mound over the past 10 years: Year G.O. G.O. Refunding 1989 9,040,000 1990 7,680,000 1991 6,790,000 1992 5,835,000 1993 5,500,000 1994 4,845,000 1995 4,270,000 1996 3,570,000 1997 2,920,000 1998 2,590,000 $ 1,335,000 1,335,000 1,335,000 1,275,000 1,215,000 1,155,000 Using the 1990 census population of 9,634, the total debt per capita decreased from $938 in 1989 to $269 in 1998. This decrease in total outstanding debt illustrates the fact that Mound is a mature suburb and has not had to issue debt to develop new streets and new water mains. SPECIAL ASSESSMENT LEVIES The general property tax levy is discussed every year during the budget process. The other significant item on the tax statement for Mound residents are the various special assessment levies. The following is the annual special assessments levied on Mound taxpayers during the past ten years and for 199'9: 1990 633,593 1991 544,000 1992 513,000 1993 482,500 1994 413,177 1995 330,903 1996 213,644 1997 74,844 1998 81,972 1999 65,000 (Estimate) The major street projects were completed in 1978-1980. The total assessments on the taxpayers increased dramatically once these projects were assessed. Since 1982, the annual assessments have consistently declined. The corresponding Special Assessment bonds payable has decreased from $8,450,000 in 1986 to zero in 1998. 6 AUDIT Preparing for the annual audit is another important responsibility of my job. I DreDare all the statements, ~ehedule~ and notes to the financial statements for the annual audit. Our audit costs are reduced since all the statements and notes are done in house. The 1997 audit report received the National GFOA award "Certificate of Achievement for Excellence in Financial Reporting" The certificate program judges an audit report on various criteria, including clarity, comparability and completeness. This is the tenth consecutive year the City of Mound has received this award. I plan on updating the audit report annually and submit future years' reports for this award. INSURANCE We have the majority of our insurance coverage with the League of Minnesota Cities Insurance Trust. They have provided the City with good coverage and the costs for insurance have stabilized in the last few years. Our agent of record is Carl Bennetsen of R.L. Youngdahl & Associates, Inc. I have the responsibility of coordinating the City's insurance activity. I file all claims that are made against our insurance policies for the City automobiles, property damage, general liability, and workers compensation. COMPUTER OPERATIONS It is my job to supervise the overall computer operation. We have an on-site mini-computer processor with software purchased from National Independent Billing, Inc. The following software programs are currently operating on our system: utility billing, financial, accounts payable, payroll, special assessments and water meter reading. The finance staff does an excellent job working on the computer operations. We are confident that these systems are or will be year 2000 compliant by the end of the year. The finance department has available three personal computers. The use of the PC enables me to work efficiently with many spreadsheets for cash flow analysis, investment need projections, fixed assets inventory, budget projections and various other applications. At the same time both Gayle and Joyce have the opportunity to use the PC and maintain various files in the payroll area and the utility services area. City employees have a strong interest in learning to work with PCs, which help them to become more efficient with their tasks. %%% FUND STRUCTURE The following is a description of the funds of the City of Mound: GENERAL FUND The General Fund accounts for the Revenues and Expenditures to carry out the basic governmental activities of the City, such as administration, police, inspections, streets and parks. General Fund expenditures are made primarily for current day to day operating expenses. Major sources of revenue are the property tax and local government aid. FUND BALANCE The total fund balance of the General Fund is projected to be $1,380,581 for the year ended 1998, which would represent a decrease of $33,409 during the year. It is important for the City to maintain the current fund balance. This reserve is necessary to meet expenses in the General Fund until tax money and local government aid are remitted to the City in June/July. For cash flow purposes the city would be required to issue tax anticipation bonds if the fund balance is reduced considerably or eliminated. The following table shows previous year end General Fund balances, compared to adopted expenditures budget for the past ten years: GENERAL FUND TOTAL FUND BALANCE BUDGET BEGINNING OF YEAR % 1990 2,327,090 629,326 1991 2,264,150 642,934 1992 2,249,350 593,155 1993 2,325,780 626,361 1994 2,366,950 644,522 1995 2,418,030 843,561 1996 2,443,830 934,470 1997 2,591,760 1,173,651 1998 2,776,950 1,413,993 1999 2,893,580 1,380,581 27.0 28 4 26 4 26 9 27 2 34 9 38 2 45 3 50 9 47 7 REVENUES Revenues received for general governmental operations are $2,836,909. The following is an analysis of the major revenue sources of the General Fund - budget to actual - for 1998: TAXES LICENSES & PERMITS INTERGOVERNMENTAL COURT FINES MISCELLANEOUS BUDGET ACTUAL VARIANCE 1,271,520 1,304,056 32,536 110,080 133,864 24,381 950,850 1,079,725 128,875 85,000 85,133 133 177,150 234,131 56,384 % RECEIVED 102.56 123.15 113.55 100.16 132.17 TOTAL 2,594,600 2,836,909 242,309 109.34 The increase in licenses and permits of $24,381 is attributable to the increase in number of construction permits issued in 1998. The increase in miscellaneous of $56,384 is due primarily to the return on investments and the dividend received from the League of Cities Insurance Trust for last year and this year. The intergovernmental revenues increase of $128,875 consists of the State and federal grant (FEMA) to help with the May and June, 1998 storm damage. Property taxes, including delinquent property taxes, came in at $32,536 above estimate. Delinquent taxes for the last six years stand at a total of approximately $34,000. EXPENDITURES Expenditures for general government operations were $2,870,321 in 1998. The following is a budget to actual comparison by department: DEPARTMENTS BUDGET ACTUAL VARIANCE EXPENDED Council 71,610 74,446 (2,836) Promotions 4,000 4,000 - Cable TV 3,000 4,454 (1,454) City Manager/Clerk 210,970 209,411 1,559 Elections 13,200 10,379 2,821 Assessing 62,450 62,290 160 Finance 172,710 177,179 (4,469) Computer 18,550 20,843 (2,293) Legal 86,460 137,622 (51,162) Police 990,170 931,304 58,866 Civil Defense 4,250 5,940 (1,690) Planning & Insp. 173,280 206,557 (33,277) Streets 420,820 438,939 (18,119) City Property 103,380 93,639 9,741 Parks 192,380 201,460 (9,080) Summer Recreation 37,290 36,200 1,090 Contingencies 45,000 88,228 (43,228) Transfers 161,430 167,430 - 103 96 100 00 148 47 99 26 78 63 99 74 102 59 112 36 159 17 94 05 139 76 119 20 104 31 90 58 104 72 97 08 196 06 100 00 TOTAL 2,776,950 2,870,321 (93,371) 103.36 The variance of $18,119 in the street department is due primarily 9 to salaries. The budget did not reflect the negotiated increases. The contingencies' variance of $43,228 represents the expenditures incurred by the city for its commitment with the renovation of the community center, potential salaries increases not yet negotiated, and costs related to the May and June storms. The variance for legal fees of $51,162 reflects increase in services for prosecution and other litigation. SPECIAL REVENUE FUNDS Special Revenue Funds are used to account for certain tax levies and other earmarked revenue. The following is a list of the City's Special Revenue Funds and Fund balances as of 12-31-98: Cemetery 5,941 Area Fire Serv. 122,075 Dock 210,877 The Dock fund balance does not include the FEMA reimbursement for tree removal for costs incurred in May and June of 1998. That amount will be recorded when received from the federal and state governments. CAPITAL PROJECT FUNDS Capital project funds have been established to segregate funds to be used for various types of capital outlay expenditures. The following is the 1998 activity of this fund': Balance 1-1-98 Revenues 1,097,918 107,575 Total Available 1,205,493 Expenditures Professional Services Fire Capital Reserve Capital Outlay 130,641 15,210 787,401 Total Expenditures 933,252 Balance Remaining 272,241 The Capital Improvements Fund has been an important one-time revenue source for the City of Mound. It has allowed the City to undertake projects that benefitted the City without having to issue debt to finance them. The remaining balance of $272,241 was obtained with equity transfers from debt service funds that were l0 used to account for bonds that have been recalled or that have expired. No additional debt service funds are left to replenish this fund. SEALCOAT This fund is used to account for the five-year rotation to sealcoat the streets in Mound. The total cost of the project for 1998 was $71,712, which was financed by the Liquor Store profits. ENTERPRISE FUNDS Enterprise Funds are used to account for the financing of services to the general public in which all or most of the revenues are generated from user charges. LIOUOR FUND The year 1998 was again an excellent one for the Liquor Store. A condensed summary for the liquor operations for the years ended December 31, 1996, 1997 and 1998 is presented below: 1996 1997 Sales Cost of Sales GROSS PROFIT Expenses OPERATING INCOME Other Income Transfers Out NET INCOME 1998 1,523,897 1,533,378 1,671,286 1,145,974 1,163,745 1,258,919 377,923 369,633 412,367 213,867 214,320 216,441 164,056 155,313 195,926 13,495 13,365 19,682 173,850 75,500 78,500 3,701 93,178 137,108 WATER FUND A condensed summary of the Water Fund operations for the years ended December 31, 1996, 1997, and 1998 is presented below: 1996 1997 1998 Revenues Expenses Operating Income Other Income/Expenses Income Transfer to/from City 424,085 440,308 446,526 384,379 377,634 375,389 39,706 62,674 71,137 (578) 6,283 8,656 39,128 68,957 79,793 5,054 17,000 17,000 In 1998 revenues were slightly up from 1997. The cash balance in the water fund increased from $664,345 to $729,884. SEWER FUND A condensed summary of the Sewer Fund operations for the years ended December 31, 1996, 1997 and 1998 is presented below: 1996 1997 1998 Revenues Expenses Operating Loss Other Income/Expenses Loss Transfers to City 826,308 959,110 918,204 938,555 1,013,287 1,011,423 (112,247) (54,177) (93,219) (6,085) (7,802) (9,736) (118,332) (61,979) (102,955) 17,000 17,000 17,000 The cash balance in the Sewer Fund stands at $486,612 at the end of 1998. The charge from the Metropolitan Council Wastewater Services (MCWS)was $624,513 in 1998 and $595,212 in 1997. Again this year the expenses exceeded the revenues by $119,955. RECYCLING The following are the revenues and expenses for recycling in 1998: Revenues Hennepin County Utility Billing Charges Recyclable/Other 31,172 70,034 12,668 Total Revenue 113,874 Expenses Salaries Pickup/Disposal Recycling Hauler 13,234 13,042 81,977 Other Total Expenses Balance 1-1-98 Balance 12-31-98 3,919 112,172 56,510 58,212 In 1994 Hennepin County reduced the reimbursement to $.80 per household from the $1.75 reimbursement in 1993. The estimated grant from the County in 1999 will be $30,800 and the City household charge $76,800. ORGANIZATIONS I am a member of the Minnesota Government Finance Officers Association (MGFOA) . There are currently 550/600 members. Monthly meetings are held in the metro area, with an annual conference held in the fall of the year. One of the requirements for keeping current my CPA certificate is that I maintain a continuing education program each year. Continuing education and training is a high priority in my professional development. I obtain the vast majority of my education credits through MGFOA. As an ex-officio member of the Economic Development Commission I attend all their meetings. I am also Treasurer of the Mound Crime Prevention Association. ACCOMPLISHMENTS FOR 1998 Specific accomplishments are as follows: Accounts Payable Clerk As you know, Deloris Schwalbe retired earlier in 1998. We are very happy that Katie Hoff accepted the position to replace her. The transition time was somewhat difficult, but Katie has been able to learn fast and to pay our vendors in a timely manner. Issuance of the 1997 Comprehensive Annual Financial Report The report received an unqualified opinion from the independent auditor and the Certificate of Excellence in Financial Reporting from the GFOA. Insurance Claims Activity In 1998 we had again a number of claims in the general liability, auto, and workers compensation areas. We also 13 reviewed the present insurance coverage. Pre-Tax Plans The City employees were offered a Pre-Tax Plan in May of 1993. The plan was set up, maintained and extended into 1999. Almost all employees joined the plan, which benefits both the employees and the City in reducing Social Security, Federal and State tax payments. ComDuter suDDort and Year 2000 Readiness City employees are using the computer for many applications. I enjoy helping, time permitting, with the inevitable problems that arise. Most of the time we deal with software issues, but at times the hardware needs repairs or upgrades. A major effort this year is being channeled toward the year 2000 issues. At this time we do not foresee any relevant problem. But then we know that the bug is out there and we will continue to keep ourselves informed, we will inventory our systems and equipment, and we continue to test as we go along. GOALS FOR 1998 Work in the Finance Department will continue at a steady pace in 1999. The normal cycle calls for the staff to meet their deadlines in the payroll, accounts payable, and utility billing areas. The Finance Director will continue to cover the investments, the audit, the insurance claims, the preparation of reports, and all the other responsibilities in the financial, insurance, data processing, and supervision areas. Special challenges in 1999 will be related to the construction of Auditor's Road and the Lost Lake Canal, the year 2000 issue in the computerized areas, and the reporting of the COPS MORE and FEMA Federal Grants. CONCLUSION Thank you for having given me the opportunity to point out the areas of special note in the operation of the Finance Department. The year 1998 was a productive one for the City in the financial area. The direction provided by you, the City Council and the City Manager, made it happen. I will be attending the February 23rd Council meeting to answer any questions that you have regarding my annual report. 14 LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 February8,1999 EMERGENCY 911 Mr. Ed Shukle, City Manager City of Mound Mound, MN 55364 Dear Mr. Shukle: Contained within the following pages is the annual report for the police department. The report addresses the budget, personnel, mining, equipment, community education, statistics, and emergency preparedness. We again experienced some personnel changes within the deparanent. Officer Troy Denneson left in April to join the Minnetonka Police Department. Officer Tyler Maas was hired in July. CSO's James Packard and Ryan Piper left in 1998 for other opportunities. Officer Bobby Donahue completed his probation in 1998 and has been doing a good job in learning his duties. The department continues to emphasize dedication to the community through the highest standards of service and through quality training for its employees. We continue to present the D.A.R.E. Program in the elementary schools and Grandview Middle School, with excellent community support. Other community partnerships include our very successful Citizens Academy, Youth Citizens Academy, and Triad. In 1998, the department implemented a Juvenile Conferencing Program for youthful offenders and developed an Offensive Behavior Modification Program in partnership with Grandview Middle School. We also sponsored several D.A.R.E. gym nights for kids and a youth safety camp. The department continues the "Citizen Comment Card" feedback survey. The cards are randomly sent to our service "customers". Part I and Part II Offenses accounted for 1,109 calls for service, down 5% from 1998. Total contacts were down 3% from the 1998 all time high. The police budget for 1998 was approximately 5.9% under budget projections; saving $58,000. This was due to the changes in personnel and decreased insurance costs. Sincerely, Len Harrell Chief of Police VII. VIII. TABLE OF CONTENTS I. Introduction II. Budget Administration III.Organizational Chart IV. Personnel V. Training VI. Equipment Community Education Statistics IX. Emergency Preparedness X. Southwest Metro Drag Task Force PAGE 2 3 4 9 11 12 15 25 26 I. INTRODUCTION The mission of the Mound Police Department is to provide protection and service to the people of Mound. Many of the activities of the police department are described and summarized in this report for 1998. MOUND POLICE MISSION STATEMENT: The Mound Police Department, through teamwork and cooperation, will be responsive to our citizens' needs with a professional level of dedicated service. Officers will display the highest integrity, and regard each citizen with a focused and unbiased attitude. Our citizens will determine our success. Much of how a police department is evaluated is based on statistics, as found in this report. Information for these statistics comes from internal record-keeping and also from participation in the Minnesota Criminal Justice System (CJIS). In analyzing the crime statistics, several factors need to be considered: 2. 3. 4. 5. Population density Proximity to metropolitan area Population composition Population stability Number, sophistication, and development of police personnel The only area the police department has control in is the fifth category. The police deparlment is consistently looking at ways to better utilize and train personnel to provide better service. This report is provided to highlight the most important area of police department activity and to be used as a gauge for evaluating service. The report includes some comparisons to past years and provides a tool for planning and activities in the years to come. II. BUDGET ADMINISTRATION The 1998 police budget will close out significantly under budget projections, 5.9%. The largest amount of the savings is in the area of officer salaries and insurance. The final expenditures for the police department will amount to approximately $934,000.00. The percentage of expenditures breaks out as follows: Personnel $747,713.00 80.3 Insurance 20,035.00 2.0 Training/Travel 10,419.00 1.1 (includes P.O.S.T.) Fuel / Repairs 19,565.00 2.0 Capital Outlay 67,000.00 7.2 Ail Other 69,268.00 7.4 TOTAL 934,000.00 100.00 Our personnel costs were down significantly because of the changes and the "lag" in hiring replacements. Salaries were down $48,000 because of the changes. We continued to receive COPS MORE money in 1998 for the secretarial position. The department continues to run efficiently from a cost per capita comparison with other communities. Training costs remain fairly consistent at 1% and two officers have submitted for college reimbursement. The police department generated revenues of $85,134.00 from court fines and violations. Animal licenses and pick-ups accounted for $8,008.00 of revenue. Accident reports generated $1,777.00. Minnesota Police Pension and P.O.S.T. Board reimbursements totaled $70,061.00 and $4,114.00 respectively. The COPSMORE program reimbursed the department $23,838.00 for the added secretarial position. We also received $27,106.00 from the school's crime levy for the D.A.R.E. Program. The SWMDTF reimburses $58,578.00 for the services of Sergeant Grand. Revenues totaled $278,616.00 for 1998. 2 PERSONNEL Sworn Personnel: Chief of Police Sergeants Investigators D.A.R.E. Officer Patrol Officers Total Sworn Personnel Non-Sworn Personnel: Police Secretary Part-time Personnel: CSO Total Police Personnel 1.0 3.0 2.0 .5 6~5. 13.0 2.0 2.0 ( 1.3 FTE )* 17.0_ .( 16.3 FTE)* *FTE = Full Time Equivalent 4 MOUND POLICE DEPARTMENT PERSONNEL ROSTER 1998 Chief of Police Leonard Harrell Patrol Sergeant John McKinley Todd Truax Steve Grand (Assigned to SWMDTF) Investigator / Liaison Jason Swensen Dan Niccum Patrol Officers John Ewald Troy Denneson ( Resigned 4-98) Amy Christenson Sam Nelson Allen Ringate Michelle Alexander Bobby Donahue Tyler Maas (7-98) Police Secretary Shirley Hawks Sandi Effertz Community Service Officers James Packard (Resigned 4-98) Ryan Piper (Resigned 12-98) Bradley Holzerland (7-98 to 12-98) Police Reserves Jesse Husby Tom Berent Sue Schebler Rick Maki Patrick Hart Mike Bruckner Jessica Tamillo Jeffrey Van Auken Chuck Fradella (Resigned in 98) 5 In 1998, the police department continued the additional secretary position through the COPS MORE grant. This position is to help with administrative duties and to free up officers from routine paper work. Officer Maas was hired in 1998 to replace Officer Denneson. Community Service Officer (C.S.O.) Bradley Holzerland was hired to fill the position vacated by Packard. Both CSO's left in December to pursue other interests. The department continued with regular evaluations of the police employees. In general, the officers have been doing a fine job in serving the community. Officers Swensen scored "Officer of the Year" honors. There were two internal investigations initiated in 1998; one was found to not have merited and the complainant withdrew the second. The grievance issue from 1997 was resolved in 1998 with the officer withdrawing the grievance and accepting the discipline. Citizen Comment Cards In February of 1992, the department initiated a feedback system to solicit input from our citizens on how the police department is serving the community. The cards are randomly sent to citizens who have had a" call for service" contact. The rating system is on a four point basis, poor = 0 and excellent = 4. The department average for our overall service is rated at 3.63 based on over 166 responses. The rate of return is about 19%. The Mound Crime Prevention Association continues to pay for the mailings. Psychological re-evaluations were again given to two officers in 1998. The process, psychological testing for each officer every five years, continues. The department has maintained its involvement in the Southwest Metro Drug Task Force during 1998. Sergeant Grand has served as the coordinator for the Task Force for the last three years and will continue in that capacity through 1999. Sergeant Grand has been doing an excellent job. The communities involved in the task force are Chanhassen, Carver County, South Lake Minnetonka, St. Boni/Minnetrista, Scott County, Shakopee, Chaska, and McLeod County. See section X for the annual report of the Southwest Metro Drug Task Force. The Mound Police Reserves continue to do an excellent job for the community and the department. Sgt. Truax has served as the liaison for the reserves. The unit strength has been fairly stable with six to eight volunteers. The Mound Police Reserves combined to donate a total of 1,400 hours. 6 Child Protection cases accounted for 59 investigations in 1998. There were 16 criminal sexual contact cases reported. Combined Part I and Part II contacts were down slightly. Part I offenses were up almost 22% in 1998 but Part II offenses were down 12%. The homicide in June of 1997 was finally completed in the courts in 1998 through a plea arrangement. Other significant cases included the investigation of criminal sexual conduct at a daycare facility, an assault case involving the holding of a female victim against her will, several check cases involving multiple suspects and victims that encompassed several metro communities, the burglary at an apartment complex and the arrest of suspects, and the fraudulent use of money orders in the sale of vehicles across several states. Charges were also filed in the theft of mail from mailboxes affecting over 25 of our citizens. The investigators recovered several guns and narcotics in other cases under investigation. Inv. Swensen has been involved in liaisoning at the high school and Grandview Middle School. There were 138 (up 35%) formal complaints signed in 1998 charging individuals with a variety of crimes. Some of the most severe cases involved criminal sexual conduct, assault, false imprisonment, narcotics possession and sales, forgery, felony theft, terroristic threats, fleeing a police officer, Gross misdemeanor DWI, possession of stolen property, and procuring alcohol for minors. Other complaints include DWI, no insurance, disorderly conduct, possession of marijuana and paraphernalia, minor consumption, harassing communications, assorted driving violations, worthless checks, violation of orders for protection, dumping, hit and run accidents, cruelty to animals, barking dog, loud parties, discharging a weapon, and criminal damage to property; to name a few. Officers and staff used a total of 531 days of benefit time during 1998. The time off included approximately 183 vacation days, 150 holidays, 119 comp days, and 79 sick days. Officers eamed 566 hours of comp time and 778 hours of overtime during the year. 7 MOUND POLICE RESERVES ANNUAL REPORT The Mound Police Reserves donated 1,740 hours to the City of Mound in 1998. The unit continues to operate with 6 to 8 members. The police reserves assisted in providing the following security services and/ or police back-up at: Emergency call outs Winterfest D. A. R. E. assists Reserve squad - house checks High school dances Hockey and football games Mound City Days EFCE Public Safety Days Rotary Dinner for 100 Officer Friendly assists Westonka Homecoming parade Westonka senior overnight party Halloween and "Kiddie" parades Christmas Tree lighting Our Lady of the Lake Marathon Memorial Day Parade Mound Westonka High School Graduation Fish Fry Traffic Direction (emergencies) Transports Recycling Drop Off Crime Prevention Incredible Festival The Mound Police Reserves received training in first aid and CPR, defensive tactics, and new officers attended the Hennepin County Reserve Officers courses. Finances: The reserves continue to raise their own funds and are predominantly self- sufficient. The Emergency Preparedness budget also contributes funds to the maintenance of training and equipment for the police reserves. The police reserve account has about $7,213 in balance. Again, in 1998, the severance fund encumbrance is relatively low due to the change made in the disbursement of those funds. The reserve officers now receive a check in December to cover any expenses that they incur during the year. 8 The police department attempts to provide mining on a continual basis to maintain its effectiveness and efficiency. Modem law enfomement is an ever-changing environment that requires the development of special skills and necessitates officers keep abreast of recent changes in job relevant statutes and procedures. The police department accomplishes high standards of excellence when extensive training can be offered to both officers and staff. Police personnel attended the equivalent of 169 days of training in 1998 in addition to our in-house firearms training. Courses Attended Firearms Training / F.A.T.S. Use of Force Emergency Medical Technician ASP Baton Chemical Agents IACP National Conference Intoxilyzer Refresher Pursuit Driving Executive Training Institute Defensive Tactics - PPCT Criminal Information System Emergency Preparedness Minnesota Sex Investigators Conference Sexual Harassment Community Orientated Policing Legislative Update Cultural Sensitivity Govemor's Conference for Emergency Preparedness Drug Interdiction through Traffic Standardized Filed Sobriety Standard Investigations Community Oriented Policing/Problem Solving Ethics Intoxilyzer Certification Covey Leadership CAN-AM Drug Conference Undercover Officer Survival Arial Observation/Marijuana Grows Interview/Interrogation Constitutional Law 9 Courses Attended - cont. Crisis Management Blood-borne pathogens Bicycle Patrol for Police Background Investigations OSHA Scale/Weight Enforcement Drags, Guns, & Gangs in Schools Police Accountability Conferencing Juvenile Crime and Violence National DARE Officer Conference Juvenile Officers Institute Advanced Field Sobriety SPIAA Conference Computer Crimes Commercial Vehicle Accident Investigation Drag Interdiction through Traffic Enforcement Y2K Issues for Law Enforcement GREAT School Instructor School Violence Prevention Conflict Resolution Executive Session on Terrorism Wilson Leadership & Supervision Course Use of Force Instructor Internal Investigations 10 VI. EOUIPMENT Two new vehicles were purchased in 1998. The department purchased a new squad and a new utility vehicle. The vehicles were purchased through the county bid process and include a Chewolet Lumina police package and Dodge Durango. We have a total of one Tams, six Luminas, the Dodge, and the CSO Chevrolet van in normal service. In 1995, we converted a forfeited Buick Electra for utilization as a D.A.R.E. vehicle with the support of the Rotary Club of Mound/Westonka and the Mound Crime Prevention Assn. The vehicle is being used by our D.A.R.E. officer and has made a great impression on the kids. A new radar was purchased to replace an older model. The department also upgraded our computer capabilities in 1998. In addition, the department purchased a new laptop computer with power point and a LCD projector. The copy machine was replaced as well as one of the video car cameras. Several new recording devices were purchased to replace the portables that had worn out or broken. Maintenance of video and audiotapes continues to be an ongoing expense, but has been very productive in the resolution of cases. 11 VII. COMMUNITY EDUCATION / SERVICE The department has stayed involved with the community in a variety of activities in 1998. The following is a brief description of the activities. Crime Prevention Officer Christenson did an excellent job of organizing the National Night Out celebration. This year we again focused our celebration around our neighborhood parks and provided frozen novelties and crime prevention materials to those in attendance. The Mound Crime Prevention Association and the Rotary Club of Mound/Westonka funded the event. Officer Christenson has been conducting neighborhood meetings and developing block watches. Presentations and security evaluations have been done for local banks and businesses. Citizens Academy The police department conducted the first citizens' academy in the fall of 1995. Individuals attended classes two hours a night for ten weeks in order to learn, first hand, the operations of the Mound Police Department. The attendee reviews continue to be excellent and two academies were held in 1998. One was presented at Grandview Middle School as a Youth Academy and one for adults. Triad Initiative to organize senior citizens and to meet on a regular basis to discuss issues of interest and concern. Officer Ewald has organized a SALT group and is meeting with them on a monthly basis in order to meet the concerns of our seniors. House Checks The police reserves and CSO's provide a service of checking periodically on out-of-town resident's homes when notification has been provided to the police department. Youth Academy A variation on Middle School. the Citizens Academy presented at Grandview 12 Department Tours The police department has conducted a number of tours of our facility for Cub Scouts, Brownies, and on special requests by schools, etc. Demonstrations / Presentations The police department has been involved in a number of public presentations ranging from canine demonstrations to talks about safety with day-care students. The police department has talked to groups concerning drags, gun safety, vehicle safety, DWI, and personal safety. Mound City Days The department was very involved in this year's celebrations. Security was provided for the parade and the weekend activities. Fingerprinting The department provides a service of fingerprinting individuals as may be requested. This includes both children and adults. D.A.R.E Program Drug Awareness Resistance Education has been implemented at Shirley Hills Elementary School, Grandview Middle School, and Our Lady of the Lake school. The 17-week program is taught to all 5th grade students and we have expanded into the I st and 3rd grades with a 5-week program. Westonka Community Action Network The department has been actively involved in assisting the task force in defining area problems and developing a network for assisting needy individuals. The department has been designated as a resource for emergency "vouchers" for the County. I still serve on the Board. Homecoming Parade The department assisted the high school with setting up a parade route and then provided security for the parade. Halloween Parade Provided security for children during the parade. Officer Friendly Elementary school presentations for child safety. 13 Advisory Councils Members of the department are involved in several different advisory councils that meet periodically. They include the Guidance Advisory Council, Mound Business & Professional Council, and Co-curricular Advisory to name a few. Westonka Healthy Families Collaborative Collaborative group of social service providers and community representatives to build assets for youth and families. Juvenile Conferencing First offender program for youthful offenders. Offensive Behavior Program Partnership with Grandview Middle School to modify offensive behavior of youthful students. Summer Safety Camp Program for youth held at Mound Bay Park to familiarize with safety issues for kids. 14 VIII. STATISTICS This section of the report analyzes the statistical portion of the annual report. Most of the statistics comes from tabulating the information from Initial Call Reports (ICR'S), informational reports, and traffic citations. The total number of ICR's in a year is useful for comparing the level of activity of the department relative to previous years. It also allows for comparison between personnel changes and activity levels. Some reporting changes were made in 1986 to alleviate statistical duplication that was found in the previous system. TOTAL INCIDENTS PER YEAR 1987 THROUGH 1998 YEAR TOTAL INCIDENTS / MONTH 1987 13,445 1,120 1988 15,582 1,298 1989 14,559 1,213 1990 13,680 1,140 1991 13,207 1,101 1992 13,578 1,130 1993 16,897 1,408 1994 16,239 1,353 1995 14,515 1,210 1996 16,680 1,390 1997 17,635 1,470 1998 17,089 1,424 The serious incidents of crime reported to the police department are categorized into Part I and Part II Offenses. Part I Offenses: Part I Offenses include major crimes such as homicide, criminal sexual conduct, robbery, assault, burglary, larceny, vehicle theft, and arson. Although Part I Offenses are a small percentage of reported crimes, it is these crimes that demand the most attention from the police department in terms of investigation and commitment of resources. Part II Offenses: Part II Offenses include the crimes of forgery, child abuse / neglect, vandalism, stolen property, sexual misconduct, weapons violations, narcotics violations, liquor violations, DWI, simple assault, domestic assault, embezzlement, harassment, public peace, juvenile status offenses, and other violations. 15 Part I crimes rose by 66 contacts in 1998, 21.6%. 1998 was higher than our five-year average for Part I crimes which are the most significant violent crimes. Part II crimes were down significantly from our high in 1997. The clearance rate for combined Part I and Part II Offenses was 56%. Criminal sexual conduct rose by 60%, burglaries rose 94%, and larcenies increased by 14%. Child protection issues rose by 33%. Part I and Part II Offenses are the incidents that necessitate the most time and effort from the police department. Initial call time is greater in gathering pertinent information at the scene and the greatest amount of investigation and follow-up is dedicated to these types of crimes. Traffic Offenses: Traffic Offenses include both moving and non-moving violations. An examination of the number and percentage of traffic stops, as part of the total number of incidents, allows one to determine the degree to which vehicular traffic and pedestrian movement affects the department's workload. It should also be noted that the more visible that patrols are maintained, the more likely is the positive impact in deterring serious crimes. In 1998, traffic citations accounted for 1,694 police contacts, down significantly from 1997. Property damage and personal injury accidents were down slightly for the third straight year. There were 67 DWI arrests and of those, approximately 25% were repeat offenders for gross misdemeanor or aggravated violations. The average test was .137 blood alcohol content (BAC). The highest reading was .24; the legal limit is. 10. Property: Property loses were valued at $228,904.00 in 1997, the first year in three. up for Child Protection: The department investigated 59 (up 37%) child protection issues and 16 criminal sexual conduct cases for the year. These cases continue to be the single most time-consuming cases we handle. 16 Domestic Dispute Cases: The department responded to 64 domestic situations, 33 with assaults. These numbers reflect a decrease of 20% in assaults and 40% overall. Arrests: The department processed and booked 198 adults in 1998, down 29%. There were 30 adults charged for felonies, 340 adults charged with misdemeanors, 69 juveniles taken into custody for felonies, and 230 juveniles taken into custody for misdemeanors. Animal Complaints: The department responded to 1,106 animal and inspections complaint issues during 1998. This is an increase from 1997. 17 MOUND POLICE DEPARTMENT 1998 YEARLY REPORT PART I CRIMES OFFENSES t'T.~/~ED EXCEPT- CLEA~,ED BY A~/~ESTED I~EPORTED UNFOUNDED CLEARF~ AP~EST ADULT JUV Homicide 0 0 0 0 Criminal Sexual Conduct 16 2 0 7 Robbery 3 0 1 0 Aggravated Assault 8 0 1 5 Burglary 66 2 0 8 Larceny 251 7 13 36 Vehicle Theft 21 0 3 3 Arson 6 0 1 0 TOTAL 371 11 19 59 0 0 4 3 0 0 4 5 1 12 20 44 1 5 0 0 30 69 PART II CRIMES Child Abuse/Neglect 39 18 1 7 5 Forgery/NSF Checks 23 0 10 3 4 Criminal Damage to Property 84 0 9 10 11 Weapons 5 1 1 2 2 Narcotic Laws 49 0 0 48 44 Liquor Laws 94 1 0 110 105 DWI 67 0 0 67 67 Simple Assault 60 0 15 25 12 Domestic Assault 33 0 6 21 36 Domestic (No Assault) 31 0 0 0 0 Harassment 45 0 4 3 4 Juvenile Status Offenses 98 0 7 86 0 Public Peace 23 1 2 16 26 Trespassing 10 0 1 6 0 All Other Offenses 77 5 5 39 24 2 0 11 0 12 28 0 10 3 0 0 141 4 7 12 TOTAL 738 26 61 443 340 230 PART II & PART IV Property Damage Accidents 87 Personal Injury Accidents 34 Fatal Accidents 0 Medicals 344 Animal Complaints 638 Mutual Aid 211 Other General Investigations 10,277 TOTAL 11,591 HCCP 59 Inspections 468 TOTAL 13,227 37 80 502 370 299 MOUND POLICE DEPARTMENT POLICE/CRIME ACTIVITY REPORT Hazardous Citation 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 1993 1994 1995 1996 1997 1998 702 672 833 1,053 988 664 702 535 655 680 839 577 171 194 216 330 260 205 307 379 740 832 768 553 1,263 734 727 1,106 988 922 346 341 346 739 636 338 73 87 52 86 93 67 58 75 50 67 75 48 78 103 98 75 88 87 25 39 32 35 37 34 0 0 0 1 0 0 61 33 26 36 57 45 328 425 377 457 438 403 45 89 49 75 61 71 86 117 173 203 193 239 Part I Offenses Reported 338 385 283 307 305 371 Cleared 122 120 91 94 95 89 Arrests Made 92 114 65 94 103 99 Part II Offenses Reported Cleared Arrests Made Medicals Animal Complaints Ordinance Violations Other Public Contacts Total Assists Follow-ups Mutual Aid 732 782 841 784 843 738 441 473 515 502 582 530 441 324 451 458 537 570 300 399 342 350 317 344 896 1,518 1,007 669 701 638 - - 501 539 351 468 6,983 9,564 9,340 7,516 9,597 10,277 13,420 16,846 16,239 14,515 17,635 17,089 896 538 543 877 727 611 299 328 462 377 696 898 148 177 177 193 206 211 MOUND POLICE DEPARTMENT YEARLY REPORT o 1998 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 Overweight Vehicles Miscellaneous Tags TOTAL 67 0 48 0 5 3 52 1 5 1 515 28 25 0 3 0 206 4 6 0 30 2 3 1 51 2 3 0 96 5 6 0 7 1 338 0 9 0 31 0 17 0 24 3 20 0 75 1 1,642 52 W~NINGS Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor MOUND POLICE DEPARTMENT YI~ARLYRI~PORT 1998 366 245 251 0 6 127 0 0 10 139 1,144 15 63 Juveniles 36 25 21 0 0 0 0 0 0 6 88 MOUND POLICE DEPARTMENT CRISfE ACTIVITY REPORT 1998 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts YEAR TO DATE 664 577 205 553 922 338 67 48 87 34 0 45 403 71 239 371 738 344 638 468 10,277 LAST YEAR TO DATE 988 839 260 768 988 636 93 75 88 37 0 57 438 61 193 3O5 843 317 701 351 9,597 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 17,089 611 898 59 211 69 17,635 727 696 43 206 107 Run: 2-Feb-99 10:30 PRO03 Primary ISN~s only: No Date Reported range: 01/01/98 - 12/31/98 Activity codes: All Property Status: All Property Types: All Property Descs: Al/ Brands: All Models: All Officers/Badges: All Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Tp Desc SN Stat Stolen Value MOUND ~OLXCE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Date Reco¥'d Recov'd Value Page Quantity Act Brand Model Off-1 Off-2 Code Assnd Assnd Prop type Totals: Prop type Totals: 500 Prop type Totals: 25 Prop type Totals: 61,800 Prop type Totals: 6,744 Prop type Totals: 3,894 Prop type Totals: 939 Prop type Totals: 644 Prop type Totals: 4,529 Prop type Totals: 200 Prop type Totals: 22,200 Prop type Totals: 11,841 Prop type Totals: 1,051 Prop type Totals: 13,034 Prop type Totals: 2,630 Prop type Totals: 100 Prop type Totals: 23,670 Prop type Totals: 28,328 Prop type Totals: 11,112 Prop type Totals: 6,974 Prop type Totals: 735 0 0 0 27,000 1,810 1,100 60 76 400 0 9,200 633 0 1,751 980 0 2,475 928 208 6,974 0 1.000 1.000 2.000 6.000 28.000 6.000 10.000 33.000 13.000 1.000 5.000 15.000 3.000 30.000 32.000 1.000 48.000 18.000 66.000 2.000 4.000 Run: 2-Feb-99 10:30 PR003 MOUND POLICE DEPARTMENT Page 2 Primary ISN's 0nly: NO Date Reported range: 01/01/98 - 12/31/98 Activity codes: All Status: All Property Types: All Property Descs: All Brands: All Models: All Officers/Badges: All Enf0rs Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Date Recov'd Quantity Act Brand Model Off-1 Off-2 Tp Desc SN Stat Stolen Value Recov'd Value Code Assnd Assnd W Prop type Totals: 375 5 8.000 x Prop type Totals: 19,465 75 16.000 Y Prop type Totals: 8,113 525 84.000 **** Report Totals: 228,904 54,200 433.000 EMERGENCY PREPAREDNESS ( CIVIL DEFENSE ) The Emergency Preparedness budget came in slightly over budget this year due to a joint effort by the Lake area departments to produce a uniform manual for reacting to large-scale incidents. A grant was secured to cover much of the additional costs but the revenue is not reflected in the Emergency Preparedness budget. Again, this year, hazardous materials continue to be a major concern for Emergency Preparedness. The city receives approximately $4,000 from FEMA (Federal Emergency Management Association) in the form of a grant. We spent $5,712.39 for emergency preparedness in addition to salaries that are accounted for in the police budget. Most of the money allocated to Emergency Preparedness is used by, and for, the reserve unit. The reserve unit uses a portion of the money for training and uniforms. The reserves are also reimbursed for their expenses from this fund. 25 X. SOUTHWEST METRO DRUG TASK FORCE Attached is the annual report of the drag task force in which we are a member. We believe the task force is doing an excellem job and deserves our continued support. The major drugs of use in our area continue to be marijuana, cocaine, methamphetamines, and LSD. 26 FEB- 1-99 MON tO'B8 AM SW MEIRO DTF FAX NO, 613_ 361 6901 P, SOUTtiWEST METRO DRUG TASK FORCE ANNUAL REPORT / 1998 1998 Tuned out to be another record breaking year for the ta~k force. The task force did mor~ cases than ever before and quantities of controlled substances were up considerably, This report will give statistical information from 1998 and there will be s~,eral notable changes from the s~adstics gemcra~ed in 1997. Cases not adexluately represellted in this report include a federal case which was worked in concert with Homepin County nar~,'otics and the I~S / CiD unit. This case involved large forfeitures as well as significant seizures of controlled subsLanccs. The forfeited items taken in tiffs case were rcportexi ~' Hcnncpin Coun~ so our task force did not report them. However, we were a significant part of thc investigation and viii share in seized assets when they are disposed of and th~ proceeds are dispersed. The follov, ing is a breakdown of cases and where thcs, occurred. Types of substances seize'el and financial information is also included: 199~7 1998 CASES SEARCH WARRANTS ARRESTS CASES BY DRUG TYPE Cocaine 24 Methamphetamine 23 Marijuana 45 Psilocybin (Mushrooms) 5 LSD 1 Paraphernalia 10 Methamphetamine labs 2 Other (Prescription) 2 105 1.12 74 95 118 134 CASES BY COUNTY: Scott Count)' Carver County Hcnnepin Count' Mcl~od County. Kicc County Dakota Count)' Mocker County 46 28 24 11 2 1 1 ~B- i-~S 1~0~ iO'~S AM SVi i~EY'RO D'T~ ~AX NO, 612 B6t 6~01 P. ~ Breakdown of cities: ~¢ott Count~ Shakopr~ Jordan Prior Lake Jack,on Township Spring Lake Town,ship Belle Plainc Nc~' Market Total 46 Carver County Chaska Cologne Chanhassen WatertOWll Waconia Norwood Total 20 1 2 I 1 1 28 Honneoin County Maple Plain Minn~.polis Mound St. Bonifa¢ius Minnecrism h~¢pendcnc¢ Spring Park Plymouth Excelsior 'Hopkins Eden Prarie Richfield Total 1 3 7 1 2 1 4 1 ! 1 1 ! 24 McLeod County Silver Lake Glcncoc Hutchinson Winsted Total 1 2 11 FEB- 1-99 MON 10'39 AM SW METRO DTF FAX NO, 612 361 6901 P, 4 Dakota County -La]o.-vill¢ Mae 'k~r Dass¢l Rice North~cld Total (non-member counties) Dru~$ Marijuana Mi. Plains Mcthamphetamin¢ Cocaine Mushrooms LSD Ouantities 2,367.78 Ounces 40,659.0 Plants 2,498.01 Grams 71.05 Grams 2,489.40 Grams 1.0 D.U. Total value Street Value $ 236,778.00 $ 700,000.00 $ 249.801.00 $ 7,105.00 $ 24,894.00 $ 5.00 $ 1,218.583.00 Seized assets Current' Vahiclas Waapons 33,364.36 14.000.00 800.00 Total Seizures $ 48,164.~6 FEB- 1-89MON I0'40 AM SWMETRO D?F FAX NO. 612 361 6901 P, 5 Budaet Information 199~ Budget proposed: 1998 Budget utilized Difference $ '173.055.00 $ 253.630.74 $ 19,424.26 (Under Budget). *Plcas¢ note the task force did pa)' overtime but did also rm~ short an agent for most of 1998. Preliminary CITY OF MOUND BUDGET REVENUE REPORT Dec. 1998 100.00% GENERAL FUND Taxes Business Licenses Non-Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Transfers from Other Funds Charges to Other Departments Dec. 1998 Y'r'D PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED 1,271,520 665,577 1,304,056 32,536 102.56% 4,780 10 4,183 (597) 87.51% 105,300 6,811 129,681 24,381 123.15% 950,850 411,287 1,079,725 128,875 113.55% 50,650 13,389 64,128 13,478 126.61% 85,000 13,632 85,133 133 100.16% 71,000 83,696 113,055 42,055 159.23% 43,500 43,500 43,500 0 100.00% 12.000 1.043 13.448 1,44~ 112.07% TOTAL REVENUE 2,594,600 628,813 2,836,909 242.309 109.34% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCK FUND 360,220 (6,877) 370,206 9,986 102.77% 118,920 3,589 113,874 (5,046) 95.76% 1,530,000 186,036 1,690,968 160,968 110.52% 451,000 73,899 483,021 32,021 107.10% 924,000 17,223 938,583 14,583 101.58% 5,100 256 8,806 3,706 172.67% 77,300 12,901 86,590 9,290 112.02% 0211611999 rev98 G.B. Preliminary CITY OF MOUND BUDGET EXPENDITURES REPORT Dec. 1998 100.00% GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Summer Recreation Contingencies Transfers Dec. 1998 YTD BUDGET EXPENSE EXPENSE 71 610 4 000 3 000 210 970 13 200 62 450 172 710 18 550 86 460 990 170 4.250 173,280 420,820 103,380 192,380 37,290 45,O00 167.430 PERCENT VARIANCE EXPENDED 3,610 74,446 (2,836) 103.96% 0 4,000 0 100.00% 93 4,454 (1,454) 148.47% 21,914 209,411 1,559 99.26% 97 10,379 2,821 78.63% 3 62,290 160 99.74% t 5,806 177,179 (4,469) 102.59% 3,588 20,843 (2,293) 112.36% 35,691 137,622 (51,162) 159.17% 94,659 931,304 58,866 94.05% 540 5,940 (1,690) 139.76% 37,723 206,557 (33,277) 119.20% 36,027 438,939 (18,119) 104.31% 4,100 93,639 9,741 90.58% 11,692 201,460 (9,080) 104.72% 36,200 36,200 1,090 97.08% 46,025 88,228 (43,228) 196.06% 13.952 167.430 0 100.00% GENERAL FUND TOTAL ~,776,950 361,7;20 :~,870,391 (93,371) 103.36% Area Fire Service Fund 360,220 Recycling Fund 126,830 Liquor Fund 215,200 Water Fund 445,400 Sewer Fund 981,020 Cemetery Fund 6,710 Dock Fund 76,660 28,358 292,461 67,759 81.19% (19,408) 112,172 14,658 88.44% 100,905 294,942 (79,742) 137.05% 30,678 403,228 42,172 90.53% 93,018 1,041,538 (60,518) 106.17% 187 5,900 810 87.93% 1,557 89,285 (12,625) 116.47% Exp-98 02116/1999 G.B. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 10, 1999 MEMORANDUM TO: MAYOR AND CITY COUNCIL ~/ FROM: JIM FACKLER, PARKS DIRECTOR' ~) ~ / SUBJECT: UPDATE ON JIM ALBRECHT 1~ DOCK PAYMENT As requested I have looked up the payment receipt for Mr. Albrecht for the 1998 dock site $41866. The payment was received on August 13, 1998. The amount paid was $150.00 for a straight dock and $70.00 in late fees. If you have any further questions please feel free to contact me. cc: Ed Shukle, City Manager Jim Albrecht 4701 Aberdeen Road Mound, MN. 55364 pr~nted on recycled paper Page 1 of 3 From: To: Date: Subject: Strommen, James M. <jstrommen@Kennedy-Graven.com> 'contacts@cl. plymouth, m n. us' <contacts~ci. plymouth, mn. us>; 'jwallin@ci.edina.mn.us' <jwallin@ci.edina.mn.us>; 'edwardshuklejr@MSN.com' <edwardshuklejr@MSN .com>; 'postmaster@shoreviewmn.com' <postmaster@shoreviewmn.com>; 'steve.sarkozy@ci.roseville.mn. us' <steve.sarkozy@ci.roseville.mn.us>; 'dosberg@ci.hastings.mn.us' <dosberg@ci.hastings.mn.us>; 'alo@wayzata.org' <alo@wayzata.org>; 'omalleys@ci.burnsville.mn.us' <omalleys@ci.burnsville.mn.us>; 'fmoore@ci. plymouth.m n. us' <fmoore@ci. plymouth, mn. us>; 'smielke@hopkinsmn.com' <smielke@hopkinsmn.com>; 'mmcneill@logis.com' <mmcneill@logis.com>; 'jmccarthy@northstarcounselors.com' <jmccarthy@northstarcounselors.com>; 'jlynch@ci.long-lake. mn. us' <j lynch@cl, long-lake, mn. us>; 'cityhall@maplepla in. com' <cityhall@mapleplain.com>; 'dkraft@ci.robbinsdale.mn.us' <dkraft@ci.robbinsdale.mn.us>; 'kings@logis.org' <kings@logis,org>; 'jkeinath@compuserve.com' <jkeinath@compuserve.com>; 'karl.keel@cl. roseville.mn, us' <karl.keel@cl. roseville.mn, us>; 'bjoynes@ci.golden-valley. mn. us' < bjoynes@ci, golden~val ley. mn. us>; 'djoh nson@ci, plymouth, mn. us' <d johnson@cl, plymouth, mn. us>; 'bjohnson@ci.woodbury.mn.us' <bjohnson@ci.woodbury.mn.us>; 'chonchell@ci. bloomington, mn. us' <chonchell@ci. bloomington, m n. us>; 'haukaasj@ci.fridley.mn.us' <haukaasj@ci.fridley.mn.us>; 'mhanus@pclink.com' <mhanus@pclink.com>; 'RickG@rcmnet.org' <RickG@rcmnet.org>; 'rvhill@hopkinsmn.com' <rvhill@hopkinsmn.com>; 'jgates@ci.bloomington.mn.us' <jg ates@ci, bloomington, mn. us>; 'mfulto@ci. new-brig hton. mn. us' <mfu Ito@ci. new-brig hton. mn. us>; 'flora j@ ci.frid ley. m n. us' <floraj@ci.fridley.mn.us>; 'crichtonc@aol.com' <crichtonc@aol.com>; 'doran@ci. brooklyn-park, mn. us' <doran@ci. brooklyn-park, m n. us>; 'lakeland@lsd.net' <lakeland@lsd.net>; 'jclancy@ci.golden-valley.mn.us' <jclancy@ci.golden-valley.mn.us>; 'dchilds@ci.minnetonka.mn.us' <dchilds@ci.minnetonka.mn.us>; 'drowland@edenprairie.org' <drowland@edenprairie.org>; 'dcallister@aol.com' <dcallister@aol.com>; 'g b utcher@ci, maple-g rove. m n. us' <g butcher@cl, maple-g rove. mn. us>; 'ed.burrell@ci.roseville.mn.us' <ed.burrell@ci.roseville.mn.us>; 'Bu rnsW@ci.frid ley. mn. us' <Bu rnsW@ci.frid ley. mn. us>; 'lakeland@lsd. net' <lakeland@lsd.net>; 'curtb@ci.brooklyn-park.mn.us' <curtb@ci.brooklyn- park. mn. us>; 'citymanager@ci. bloomington, mn. us' <citymanager@ci.bloomington.mn.us>; 'jandre@ci.golden-valley.mn. us' <jandre@ci.golden-valley.mn.us> Wednesday, February 10, 1999 9:47 AM Cost of PUC Proceedings---Cities This an important memo for SPA and cities individually regarding legislation passed in 1998 now before the PUC that I believe will have a chilling effect on participation by cities and other local government units ("LGUs") in PUC proceedings, unless amended. There is no action item for the SPA from this report but this matter will probably be pursued by the League of Cities, the Associations of Townships and of Counties. It involves a potential new cost to cities when they appear before the PUC. BACKGROUND AND POTENTIAL PROBLEM FOR CITIES 2/10/1999 Page 2 of 3 Late last summer the executive committee gave me authority to comment to the PUC on a new law allocating a portion of the cost of PUC proceedings to LGUs, among other potential parties to certain PUC proceedings. The law is found in Mn St. 237.295. It is clearly an attempt by the utility industry to shift some of the cost of proceedings before the PUC (which will now be much more frequent) to LGUs. Now such costs are billed to utilities, who pass them on to ratepayers. Yesterday a hearing was held at the PUC on the issue of this statute as it relates to the PUC cost for the ROW rulemaking hearings and its preceding task forces. The PUC "bill" at this point is approximately $175K. It will be higher before the proceeding is completed. In the past of course neither LGUs nor other non-utilities have been billed by the PUC (which must recover its cost of operation). The interpretation given to this statute by a majority of the PUC (Garvey, Koppendrayer and Johnson) is that LGUs are responsible for a pro rata share of the ROW rulemaking cost. There is a late effective date of August 1, 1998 for the statute that will reduce the total bill to LGUs. So the amount at issue will be approximately $60K, half of which the industry would pay and the other half the PUC is looking for contribution from LGUs. Moreover, the clear intent of the PUC and certainly the industry is that future proceedings under the telephone statute (ch. 237) involve the spector of added cost to LGUs upon participation as a party. The worst of all possible scenarios would be if the PUC becomes the reviewer of ROW user-LGU disputes by virtue of a broad interpretation of M.S. 237.163 subd. 8(b) where Telecoms can go to the PUC if a statewide construction standard is allegedly violated. In that case an LGU would become an unwilling participant in a proceeding before the PUC---and must pay (potentially, at the PUC's discretion) part of the PUC cost of the proceeding. SRA POSITION AND EXEMPTION I argued that the statute is ambiguous (which it is) in its applicability the ROW proceeding at all, that there was no notice that participation in this process may result in receiving a bill from the PUC and that any law imposing costs on non-utilities is very bad public policy because it chills participation in an already expensive process. Commissioner Scott was very receptive to those arguments, as was Comm. Jacobs I believe. It is important to know that in the midst of this negative development for LGUs, the SRA benefits from a "safe haven." That is, the SPA and other not for profit "mutual help" organizations have been exempted from paying for PUC proceeding costs. Therefore, the SPA can continue to participate as it has in the past and not be subject to being billed by the PUC. The incentive under the language of the law then would be for LGUs to participate through joint powers organizations like the SRA. That does not solve the problem for LGUs, however, either now or going forward. There may be issues when an individual city has a unique issue and would only represent itself. Further if city by city statewide construction standard disputes come under this law, LGUs necessarily must go it alone. PUC ACTION AND LGU ISSUES 2/1 O/1999 Page 3 of 3 A majority of the PUC simply wanted to bill LGUs directly for the $30K bill the PUC wants LGUs to pay lot"using the Commission" and "causing this whole thing at the legislature in the first place." Those statements are rough quotes from Koppendrayer and yet the general attitude is shared by at least Garvey and Johnson. I and others appearing for LGUs explained that the LGUs were not direct parties to the proceeding and have been represented through the League, the Associations and the SRA. As a result, these cities will not pay a PUC bill and have no obligation to do so. The PUC eventually recognized this problem. Any bill to any of the LGUs or its representatives would probably result in nonpayment, successfully. The PUC could bill the cost of the entire proceeding to the industry but will not do that. There is some merit to the argument that none of the parties should be responsible for a legislatively required proceeding that could have included a legislative appropriation for the PUC cost of the rulemaking. After some motions made and withdrawn, the PUC agreed to table this issue until after the legislative session. The intent is to see if the legislature can appropriate the disputed $30K to pay the PUC's bill and move on. The League will investigate the feasibility of that plan. Otherwise the PUC may bill cities directly just to "test" the statute. No PUC action will be taken until June 1. The bigger issue is what additional costs cities face going forward under a law that makes the city help pay costs of a proceeding it may or may not voluntarily participate in. This law should be repealed or amended to be more limited than it can be interpretted by the PUC. If you have any reactions, thoughts or ideas on this matter please email or call me at 337-9233. This has broad implications for cities and ROW management and other PUC issues. 2/10/1999 MINUTES-ECONOMIC DEVELOPMENT COMMISSION- JANUARY 21, 1999 The meeting was called to order at 7:00 a.m. Members Present: Meisel, Pietrowski, Drahos, Longpre and Brown. Absent and excused: Brewer and Weber. Also Present: Cook, Businaro and Shukle. Upon motion by Longpre, seconded by Drahos, and carried unanimously, the minutes of the December 17, 1998 were approved. Lost Lake Improvement Project Ed Shukle reported on the status of the project. He indicated that Ames was constructing a road on both sides of the canal for purposes of hauling the dredge material out of the canal. Due to the warm weather conditions, work was progressing slowly. There is still some question as to whether Ames will be able to dredge the canal using the "cofferdam" method. Ames is optimistic about this method but it will be dependent upon the weather. ~ Buy a Brick Program A meeting was held of the subcommittee with a representative from Excelsior who has had a brick program in their downtown area. More meetings will be held by the subcommittee as they are generating information for this project. Auditor's Road Improvement Project Shukle indicated that the bidding process is underway again with bids to be opened in late February. Update on Westonka Community Center Shukle reported on the status. He indicated that the City Council, School Board, Planning Commission and Westonka Community Center Board (WCCB) are holding a joint meeting on Monday, January 25, 1999 regarding the status of the project. More information will be available at a later date. Other Business The next meeting is scheduled for February 18, 1999, 7 a.m., Mound City Hall. Stan Drahos is scheduled to bring the rolls. Upon motion by Longpre, seconded by Brown and carried unanimously, the meeting was adjourned at 7:55 a.m. EDC Minutes January 21, 1999 Page 2 Respectfully submitted, City Manager KAY ~ITCHELL A~5'~ PHON~. BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487-0240 February 9, 1999 TO: Various Municipalities RE: HENNEPIN COUNTY APPOINTMENTS TO MINNEHAHA CREEK WATERSHED DISTRICT BOARD Enclosed please find a copy of an extract from the minutes of the February 9, 1999 meeting of the Hennepin County Board of Commissioners. Please note, that Pamela Blixt of Minneapolis, and Malcolm Reid of Shorewood were reappointed for a term expiring March 8, 2002. Yours truly, Enc.l. Tuesday, February 09, 1999 Item 11 on the Agenda was for two appointments to the Minnehaha Creek Watershed District Board. Applications had been solicited, interviews held at the February 2nd committee meeting and the selection - progressed to today's Board meeting. Applicant Robert Rascop, who was unable to attend the committee meetings, appeared before the Board today in support of his application. Other applicants were incumbents Pamela Blixt and Malcolm Reid and also Patrick Maloney, Warren McNeil, Stephen Platisha, John Senior and Charles Thomas A vote was taken on the Blixt vacancy and Pamela Blixt was unanimously reappointed. A vote was then taken on the Reid vacancy, as follows: Commissioner McLaughlin Tambornino Steele Opat Stenglein Johnson Nomination Reid Thomas Reid Accordingly, Malcolm Reid was reappointed. Clerk of t~-ounty Board RECEIVEEI ,-~:~; 18 1998 MOUND LAND - LAKESHORE SCHEDULE RATINGS I -19 20 - 39 50 - 59 60 - 69 70 - 89 PRIVATE LAKESHORE LAKESHORE COMMONS PRIVATE CHANNEL CHANNEL COMMONS PARCEL VViTH ACCESS VIA SEPARATE LOT, COMMONS LOT, ETC. EAST SIDE PHELP'S BAY - ISLANDVIEW DRIVE 50 $2,200 50 $1,150 BALANCE $900 22 21 WEST SIDE PHELP'S BAY - ISLANDVIEW DRIVE 50 $2,200 50 $1,150 BALANCE $900 22 7O EAST SHORE DRIVE - ACCESS LOT TO LAKE $47,000 22 71 EAST SHORE DRIVE - ACCESS LOT TO LAKE $47,000 $110,000 $57,500 $110,000 $57,500 28 I iPPr::R I A. KI= t:::A.~T "PHELPS ISLAND PARK FIRST"- ISLANDVlEW DRIVE NORTH OF ABERDEEN ROAD 50 $2,100 50 $1,300 BALANCE $900 $105,000 $65,000 28 2O "DEVON" - COMMON - ISLAND VIEW DRIVE 50 $2,100 50 $1,300 BALANCE $900 $105,000 $65,000 28 7O 19-117-23-34-0071 & 0091 OFF ISLANDVIEW DRIVE BETVVEEN RADNOR & MANCHESTER W1TH ACCESS LOT 50 $2,000 50 $1,400 BALANCE $900 LESS $28,000 FOR ACCESS LOT MUST COMPARE TO VALUES IN 1-28-1 $100,000 $70,000 1999 RATINGS I -19 20 - 39 50 - 59 60 - 69 70 - 89 22 22 22 RECEIVED ,~2_3 1 8 1999 MOUND LAND - LAKESHORE SCHEDULE PRIVATE LAKESHORE LAKESHORE COMMONS PRIVATE CHANNEL CHANNEL COMMONS PARCEL VVITH A*CCESS VIA SEPARATE LOT, COMMONS LOT, ETC. EAST SIDE PHELP'S BAY - ISLANDVIEVV DRIVE 5O $2,600 BALANCE $1,600 21 7O VVEST SIDE PHELP'S BAY - ISLANDVIEW DRIVE 40 $2,500 40 $1,600 BALANCE $1,000 EAST SHORE DRIVE - ACCESS LOT TO LAKE $52,000 71 EAST SHORE DRIVE - ACCESS LOT TO LAKE $52,00O $130,000 $100,000 $64,000 UPPFR I AKF FAST 28 "PHELPS ISLAND PARK FIRST" - ISLANDVIEW DRIVE NORTH OF ABERDEEN ROAD 50 $2,700 50 $1,700 BALANCE $1,000 $135,000 $85,000 28 2O "DEVON" - COMMON - ISLAND VIEW DRIVE 50 $2,700 50 $1,700 BALANCE $1,000 $135,000 $85,000 28 7O 19-117-23-34-0071 & 0091 OFF ISLANDVIEW DRIVE BETWEEN RADNOR & MANCHESTER WITH ACCESS LOT 50 $2,700 50 $1,600 BALANCE $1,000 LESS $32,000 FOR ACCESS LOT MUST COMPARE TO VALUES IN 1-28-1 $135,000 $80,000 Mound Planning Commission Minutes February 8, 1999 DRAFT MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY, FEBRUARY 8, 1999 Those present: Chair Geoff Michael, Commissioners: Orv Burma, Jerry Clapsaddle, Becky Glister, Cklair Hasse, Michael Mueller, Bill Voss, Frank Weiland, and Council Liaison Bob Brown. Staff present: City Planner Loren Gordon, Building Official Jon Sutherland, and Secretary Deb Hawkinson. Public Present: Mr. & Mrs. Jorj Ayaz (4844 Island View Drive) and neighbors, Mr. & Mrs. John Smith (5189 Emerald Drive), Mr. & Mrs. Steve Jilek (5444 Spruce Road) and neighbors. Chair Geoff Michael called the meeting to order at 7:30 p.m. MINUTES -APPROVAL OF THE JANUARY 11, 1999 MINUTES OF THE PLANNING COMMISSION MEETING. MOTION by Mueller, seconded by Weiland to accept the minutes as written. Motion carried 9-0. Building Official Jon Sutherland asked to add an item to the agenda. Agenda item 1C will be a Variance request on 5189 Emerald Drive. The Chair accepted the addition. 1. BOARD OF APPEALS: CASE Ct 99-02: VARIANCE, FRONT YARD AND SIDE YARD SETBACK VARIANCES, TO CONSTRUCT A CONFORMING ADDITION AND ATTACHED GARAGE, STEVE JILEK, 5444 SPRUCE ROAD, LOTS 46, 47, AND 48, BLOCK 2, LAKESIDE PARK- CROCKER'S PID Ct 13-117-24 32 0164. City Planner Gordon presented this application for a variance. This applicant has submitted a request to add a conforming two-stall attached garage to the existing house. This is a one and one-half story house with no garage at the present time. It is proposed to covert the existing basement into one garage stall and put an addition on that will house the second stall. Above the second stall, the applicant has proposed a deck. Currently, the house sits 28.53 feet from the front road. A setback of 30 feet is required. Therefore, the applicant is asking for a variance of 1.58' on this side. The side of the house sits back 6.03 feet from the side property line that has a required setback of 10 feet. Thus, an additional variance of 3.97 feet is requested here. There is sufficient open space on the property to meet hardcover guidelines. Additional issues consist of some fences and a retaining wall on the property; the ownership of which is yet to be determined. The fence on the west property line and Mound Planning Commission Minutes February 8, 1999 concrete retaining wall sections along the back side of the property appear to be the neighbors, however, are on Mr. Jilek's property. Staff recommends that the owner of the fences be verified. If they are the neighbors, an easement should be secured, as it should if they belong to the property owner. Since there are no issues with the plan other than the variances requested, once the ownership issue on the fences is determined along with the clean up of the debris on the property. Staff recommends approval of the variance request. DISCUSSION Weiland asked if once the addition would be placed if the lot is subdividable. The answer to that question is no, the lots cannot be further subdivided. Clapsaddle asked Gordon what the issue was in identifying the owner of the fences and retaining walls. The owner of the property, Mr. Steve Jilek, and his neighbor were present at the Commission's meeting. The neighbor indicated that the fences were indeed his. However, they do not jog as shown on the survey. Also, on the survey is noted a fence along the north lot line. This neighbor explained that the previous owner of 5444 Spruce Road had torn this fence out and it no longer existed. This answered Mr. Brown's question. Voss asked why the Staff recommended bringing the fences into compliance and not the concrete retaining wall. Gordon explained that fences are "easier" to move and that often retaining walls are holding back earth that is of benefit to both properties and is more difficult to move. One option would be to obtain an easement for the concrete retaining walls. Mueller asked about openings into the garage. He asked if the walls and ceiling of the garage would be a 2 feet x 6 feet firewall and if the door was rated 1R for fire protection. Additionally, there is a closet on the building design. He wanted to verify that this indeed did face into the house. The structure of the walls and openings into the garage are conforming according to Jon Sutherland. At this juncture, Weiland asked Sutherland and Gordon that when a building permit is applied for, could the applicant be asked to put house numbers up on the property so that Commissioners, when reviewing the property, can identify it properly. Sutherland indicated he would check into the best way to do this. He does understand Mr. Weiland's frustration in finding the proper location to inspect. MOTION by Mueller, seconded by Clapsaddle for the Planning Commission to move Staff Recommendation of approving this variance request as proposed. Motion carried 9-0. Mound Planning Commission Minutes February 8, 1999 PUI~LIC HEARING: CASE ~§-03: ~TREET AND UTILITY EAgEMENT VACATION, TO ALLOW CONSTRUCTION OF AN ADDITION TO THE DWELLING AT 4844 ISLAND VIEW DRIVE, JORJ AYAZ, LOTS 1 & 2, BLOCK '15, DEVON, PID # 25-'1 '17-24 t I 0161. Chair Michael opened the Public Hearing at 7:50 p.m. after an introduction to the public of the format of this type of meeting. The purpose of this Public Hearing is to review the application of Jori Ayaz to construct an addition to the existing dwelling at 4844 Island View Drive. In order for this dwelling to be in conformance with zoning and building regulations, the vacation of part of the street right-of-way and utility easements is required. Gordon reported that today 4844 Island View Drive is a one and one-half story and the applicant desires to expand this to two story and add a two-stall garage. In order to accomplish this and be in compliance with codes, the applicant has submitted a request for the vacation of one-half of Drummond Road adjacent to his property and the vacation of a utility easement which runs along the front of the property as contained in Document # 779757. Currently Drummond Road is an unimproved street with water and sewage lines running through it from Amhurst Lane to Dexter Lane. As there are still utilities, easements will still be required. Vacation of Drummond Road is needed in order to attempt to meet the hardcover conditions stipulated in the approved Resolution #98-43. This limits hardcover to 40 percent. The current application still has an overage of 364 square feet even with street vacation. There are three options to look at: 1. If the Planning Commission determines the vacation is in the public's interest, the hardcover would be limited to what is shown on the original site plan submitted with the variance request (1998 plan). 2. The request could be modified to vacate all of Drummond Road which would then be incorporated in to the property. This assumes the abutting property owner north of Drummond does not wish to receive the north one-half. Total allowable hardcover would be 4480 square feet. 3. The third option would be to modify the previously approved resolution to allow driveway hardcover as shown. This would be a hardcover variance of 364 square feet. Staff makes the following recommendation: That the Planning Commission recommend Council approval street and utility easement vacations as requested with the following conditions: 1. Limit the hardcover to 40 percent as stated in Resolution #98-43. 3 Mound Planning Commission Minutes February 8, 1999 2. Vacate the south half of Drummond Road right-of-way adjacent to Lots 1 and 2, Block 15, Devon, retaining a permanent easement for utility and drainage purposes. 3. Vacate the north 10 feet of the easement as originally described in Document # 890740, 4. Upon recording of vacation documents, a revised survey is to be furnished which shows all easements and City utilities, including the watermain in the north one-half of unvacated Drummond Road. Weiland asked if this plan would block Lots 18, 19, and 20 by vacating the street. If any one of these lots is unowned, the City needs to provide street frontage. Sutherland responded that while it is possible to subdivide the subdivision, Hanover Road would more appropriately serve these lots. The City Engineer has looked at this site and does not see any land-lock issues. The topography is too steep to justify improving Drummond Road for street purposes. The Staff does not see any public interest in retaining this right-of-way for street purposes. However, utility and drainage easements should be retained. Mueller reiterated that only the south half of Drummond is requested to be vacated and that the north half would remain available. Councilman Brown indicated that Lots 18, 19, and 20 were "odd" lots and would be non-conforming for anyone to build on. Brown asked if the applicant has considered buying all of Drummond Road in order to give him sufficient hardcover space. If all of Drummond Road were to be vacated, half would go to the lot owner on the north side. This applicant would need to make arrangements with his neighbor to obtain that half. That is not a City decision. Mueller asked about precedents of vacating only one-half of a street before. Weiland indicated two locations, one by Union Cemetery and one by Owens. Mueller does not believe the application by Union Cemetery was passed. Owens has gone through, however. Mueller's concern is that there are "little jogs" of 15 feet wide by "whatever" length of City-owned property that there is little or no access to and is unusable. Gordon indicated that by vacating one-half of Drummond Road, a precedent will indeed by set. It was asked if all of Drummond Road should be vacated. Mueller asked Sutherland who initiates this, the City or the property owners. Sutherland explored another option which is to give this applicant a variance on hardcover. Mueller is concerned that this leads to "piecemeal" planning and is not the direction the Planning Commission should go. He asked if the owner of the north side of Drummond had been notified. Sutherland replied that yes, that owner had been. Sutherland further spelled out the frustration of this application for both the applicant and the Staff. Everyone is held up if we seek the entire neighborhood to vacate all of Drummond Road. 4 Mound Planning Commission Minutes February 8, 1999 Mueller is uncomfortable with a hardcover variance. Clapsaddle asked if the City could just vacate and give Drummond to the adjacent property owners. This would require a Public Hearing. PUBLIC COMMENT Jorj Ayaz asked what the City's plans were for the road. He is trying to improve his property and that of the roads. Today it is green space and while used for a utility easement, there is no building on it nor proposed to be on this area. He does not think the neighbors would object to getting extra land if all of Drummond Road was vacated. Brown indicated "walking" the property today and does not see how it can possibly be an improved road. It would have to be a "tunnel." Weiland continued to express his concern that any one of the lots could be land-locked and that is unacceptable. Gordon reiterated that improved roads serve all the current homes and nothing will change as far as access for these owners. Mueller clarified this by stating: "There are no land-locked parcels." Chair Michael closed the Public Comment period at 8:20 p.m. DISCUSSION Chair Michael asked if this road could be recognized much like you would "commons" and if that designation would help the applicant. Clapsaddle and Mueller suggested that the Planning Commission recommend to the City Council that a Public Hearing be called for purposes of vacating the entire Drummond Road. Weiland asked if this could be.called "green space" and unusable and thus, grant a variance for one-half of the street. Then when and if the whole street is vacated, the variance could be removed. Burma pointed out that even with this plan, the hardcover condition is still an issue. Do we give a variance on the hardcover condition of 40 percent was his next question. MOTION by Mueller, seconded by Weiland for a variance for hard cover limits not to exceed 40 percent (4000 square feet) with the addition of the extra 1200 square feet (Drummond Road 80 feetx 15 feet). Motion carried 9-0. DISCUSSION Clapsaddle asked why a Public Hearing was called to vacate only one-half of the street. He expressed frustration over "patchwork" planning. Brown asked what it would take to vacate all of Drummond Road. This would require another Public Hearing and thus delay this applicant. Mound Planning Commission Minutes February 8, 1999 Sutherland asked what it would take to make this application work. Discussion ensued as to how to build driveway that would satisfy the 40 percent hardcover limitation. A call for a vote on the motion was made. The variance was granted and the road vacation was not approved. MOTION by Mueller, seconded by Clapsaddle that the Vacation Request #99-03 be denied as it provides a "piecemeal" planning process and that the Island View utility easements be maintained with the three conditions per the City Engineer's report. Motion carried 9-0. The Chair suggested that Mr. Ayaz check with his neighbors and get them together to come in to vacate the entire unimproved portion of Drummond Road. If vacated, this would become additional property and the Variance could be rescinded. MOTION by Mueller, seconded by Clapsaddle for the Planning Commission to request that the Council have Staff prepare recommendation to vacate all of the unimproved Drummond Road. Motion carried 9-0. DISCUSSION Chair Michael pointed out that this would require another Public Hearing. CASE # 99-04: VARIANCE, FRONT YARD AND SIDE YARD SETBACK VARIANCES, TO CONSTRUCT A CONFORMING ADDITION, MR. & MRS. JOHN SMITH, 5189 EMERALD DRIVE, PI7 AND 10, LOTS 8 AND 9, BLOCK 1, SHIRLEY HILLS UNIT C, PID # 24-117-24 24 0011. Sutherland presented this request to the Commissioners. He started with an apology for not having this in the packets that went to the Commissioners last week. However, this is a fairly "clean, straightforward" request. If the applicants had to wait for the next meeting, it would mean being delaying construction around four months because of road restrictions. This applicant recently purchased this property and is requesting a building permit and variance to allow the construction of a conforming addition. The entire building plan is conforming in all sections. However, the existing detached garage has a nonconforming setback of 2.8 feet. The minimum setback requirement is 4 feet that requires a 1.2 feet variance. The existing garage is in reasonably good condition and therefore it is unlikely the nonconforming setback can be eliminated at this time. Mound Planning Commission Minutes February 8, 1999 For the record, it should be noted that the original subdivision approved by Resolution #73-335 recognized the detached garage, however, because of the time limit of 15 years as noted in Subdivision 9 of Ordinance Section 350:420, this case could not be streamlined. Mueller asked if there was a survey. Sutherland indicated that there was. While Mr. Sutherland did not calculate a hardcover amount, it is a fairly open piece of property. It easily will conform to the 40 percent ordinance. Mr. Smith indicated at this time that the calculations for hardcover come to approximately 21 percent. Mueller is very concerned about items coming to the Planning Commission without being in the packets ahead of time for their review and site visit. He feels that when that happens, applicants are not necessarily treated fairly. Chair Michael asked why it was brought before the Commission now, who had approved it moving forward. Sutherland indicated that any number of people could have moved such an issue forward in such circumstances. However, per his experience, this application is a "slam-dunk" issue and is in conformance. Again, he reminded the Commissioners that this would have been streamlined if it weren't for the 15-year time limit. Burma asked about the stone wall and whether it was shared or if the applicant had an easement. Mr. Smith indicated that this was jointly owned; and said Sutherland, "although it crosses the property line, it is non-issue from the Staff's perspective." Glister is also concerned that it doesn't appear to be a complete application. She asked if the Planning Commission was setting a precedent by allowing this application to "jump" ahead of others and being "rushed" through. Again, Sutherland responded that the expedition is because of pending road restrictions and that the case is clearly in conformance. Mueller stated that this was a burden on the Planning Commission to review this now. If it is reviewed at the next Planning Commission, stated Sutherland, then the Staff would potentially have a burden of a one-day turn around also. So, he recognized that in either case, it would have been a burden. MOTION by Voss, seconded by Weiland for the Planning Commission to move Staff recommendation of approving this variance request as proposed. Motion carried 9-0. Weiland was quick to indicate with his second that he too is opposed to last minute additions such as this to Planning Commission's agenda. However, he is very familiar with this property personally and that is the only reason he is acting on it tonight. Mound Planning Commission Minutes February 8, 1999 Brown will meet with anyone who wants to review the property prior to tomorrow evening's City Council Meeting. If there are issues, perhaps the Commissioners could come the Council Meeting also to bring these up. Mueller did not think it was fair to ask the volunteer Planning Commissioners to attend yet another meeting. Because this case seems "clear cut," he will act on it tonight. However, he wanted to make it clear that the last minute addition of such a request was a burden and imposition on the Planning Commission. The Chair excused both Clapsaddle and Voss at 9:00 p.m. because of previous commitments. 2. CONTINUANCE OF TELECOMMUNICATION ORDINANCE REVIEW City Planner Gordon took the Commission's four concerns from last month's review on this ordinance. They are: 1. Need for additional camouflage or stealth language. 2. Allow towers on publicly owned properties. 3. Remove the "1 to 1" height setback provision. 4. Review other communities for tower setbacks. He then reviewed ordinances from other municipalities including the City of Bloomington's ordinance. This is considered to be the model ordinance in the area. The following are his recommendations on the handling of each of the above items. After reviewing the City of Bloomington's ordinance for design requirements, it was realized that the City of Mound's ordinance, in actuality, paid more attention to the design and appearance of tower and non-tower facilities. Bloomington's ordinance mentions "compatibility." Our wording of "stealth" gives greater latitude for the tower/non-tower facilities to fit into a greater number of situations. Therefore, he proposed no changes on this item. Recommended modifications to Section 350:1310 subdivision 5 to include provisions that address this item. By definition, public land includes "land owned or operated by municipal, school district, county, state or other governmental units." He presented an updated map that showed the property in Mound that fits this definition along with the previous locations permits consisting of the "light industrial" areas. Gordon recommended that the section designating a "1 to 1" height setback provision should be removed. Other ordinances and codes indicate that tower setbacks are regulated like principal structure setbacks except when a "1 to 1" height setback is used. Mound Planning Commission Minutes February 8, 1999 This approach allows the tower within the property's buildable area. Modifications to Section 350:1320 subdivision 2 are proposed as follows: "Towers shall meet the principal structure setbacks of the underlying zoning district provided the tower does not encroach upon any easement." 2. "Towers shall not be located between a principal structure and a public area." "A tower's setback may be reduced or its location in relation to a public street varied, if the City Council reasonably deems it necessary to allow better site integration." After outlining the proposed changes, City Planner Gordon requested that the Planning Commission recommend to the City Council the ordinance as it now reads. This item is scheduled to come before the City Council tomorrow evening, February 9, 1999. Because there wasn't a second Planning Commission meeting in January, Gordon is requesting this recommendation tonight. DISCUSSION Commissioner Weiland asked that the term "engineer" be defined as "telecommunications" engineer thus ensuring that the engineer possesses the proper credentials and is licensed to design this type of structures. Gordon indicated the intent of the City Engineer was to leave this more broad than narrow. Several types of engineers work on this type of project. To limit it to a telecommunications engineer does not make sense..Projects are subject to meeting all building code requirements when they are reviewed by the City Staff, Planning Commission, and Council. This is to ensure the facility is design by qualified persons. Therefore, checks and balances are already in place regarding an engineer's credentials. Weiland asked if a tower could be put on private property. Gordon responded affirmative, but it had to be zoned light industrial or planned industrial area. Another question from Commissioner Weiland concerned additions to existing towers. Would these modifications have to come through the City. Mueller clarified with this question: Can the owners change the tower configuration be changed without coming through the City processes. Gordon responded that since towers structures are regulated via a Conditional Use Permit, any changes would be subject to review process. Council Liaison Brown asked when a tower needs repair for "visual" purposes, will the City become involved and what authority do they have. This comment is in reference to Section 350:1385 subdivision 2, item 3: Mound Planning Commission Minutes February 8, 1999 "Towers, telecommunications facilities, and antenna support structures must be kept and maintained in good condition, order, and repair." Mueller suggested adding the word "visual" to condition in the above provision. Burma feels that by leaving the provision as is, it allows the City to review this situation at any point. He would like to see the language remain as is. Gordon feels that since the towers/non-tower telecommunications structures are regulated by a Conditional Use Permit, the City would have the option to review the condition of these structures at any point. Commissioner Mueller requested clarification on the language in Section 350:1330 regarding a tower's height. "A tower may not exceed 125 feet in height...This provision, however, is not a separate grant of authority to construct an antenna support structure or a grant that such a structure may be any particular height." Mueller feels this language is vague and non-definitive. Gordon indicated the intention is that an applicant needs to demonstrate the need for a particular height to the City in their application, they would not just be granted a permit to construct something up to 125 feet in height. Gordon also feels that the necessity of demonstrating needed height is also covered by the "Stealth Provisions." After much discussion among the Commissioners and the Staff, Mueller made the following recommendation: MOTION by Mueller, seconded by Brown, that this provision be stated as "...a tower/antenna support shall not exceed its required needed height up to 125 feet." Motion carried 7-0. Mueller verified with Gordon that the "stealth factor" is adequate for this provision versus the language in the City of Bloomington's ordinance. Gordon responded that he felt it is actually better than Bloomington's ordinance on this point. MOTION by Brown, seconded by Mueller, that the Planning Commission recommend to the City Council that the Telecommunication Ordinance be approved as modified and with the Commissions additional comments this evening. Motion carried 7-0. 3. VACANT LOT AT 2217 CHATEAU LANE The owner of this lot has offered this lot to the City for the sum of $1.00. The City can decide how it is used. The City Council has looked at this and asked the Planning Commission to look at it before approval. It is a 40 feet by 120 feet parcel. It would be nonbuildable as it is. 10 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, February 24, 1999 Tonka Bay City Hall CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Vice-Chair Foster READING OF MINUTES o 2/10/99 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) PUBLIC HEARINGS · Pelican Point HOA, Consideration of new multiple dock license application to relocate 16 Iow water slips from the north end of the dock to the south end of the property. · Excel Marina, Consideration of a new multiple dock license application to reconfigure a non-conforming structure under LMCD Code Section 2.015. WATER STRUCTURES A) City of Minnetonka Beach, Consideration of Findings of Fact and Order for approval of new multiple dock license and variance applications to approve a dock length and width variance at dock sites 8 and 9; B) 1999 Multiple Dock/District Mooring Area (DMA) Licenses, staff recommends approval of 1999 multiple dock/DMA license applications as outlined in 2/18/99 staff memo; C) Additional Business; 2. EWM/EXOTICS TASK FORCE A) Staff update on draft 1999 Zebra Mussel Work Plan; B) Additional Business; 3. LAKE USE & RECREATION 4. FINANCIAL A) Audit of vouchers for payment (2/15/99 - 2/28/99); B) Additional Business; 5. ADMINISTRATION 6. SAVE THE LAKE 7. EXECUTIVE DIRECTOR REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT DRAFT LAKE MINNETONKA CONSER VA T/ON D/STRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, February 10, 1999 Tonka Bay City Hall CAIJ. TO ORDER Chair Babcock called the meeting to order at 7:00 P.M. ROLL CALL Members present: Doug Babcock, Tonka Bay; Bert Foster, Deephaven; Gene Partyka, Minnetrista; Craig Nelson, Spring Park; Bob Ambrose, Wayzata; Tom Gilman, Excelsior; Greg Kitchak, Minnetonka; Kent Dahlen, Minnetonka Beach; Craig Eggers, Victoria; Lili McMillan, Orono; Bob Rascop, Shorewood; Herb Suerth, Woodland. Also present: Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director; Roger Winberg, Administrative Technician. Members absent: Andrea Ahrens, Mound; Sheldon Wert, Greenwood. CHAIR ANNOUNCEMENTS, Chair Babcock Chair Babcock reminded the Board of the "Save the Lake" Recognition Banquet planned for Thursday, 2/11/99, at Lord Fletcher's of the Lake. He noted social hour begins at 6:15 P.M. READING OF MINUTES - 1/27/99 LMCD Regular Board Meeting MOTION: McMillan moved, Partyka seconded to approve the minutes of the 1/27/99 Regular Board meeting as submitted. VOTE: Ayes (8), Abstained (1, Babcock); motion carried. PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) There were no comments from the public on subjects not on the agenda. PUBLIC HEARING City of Minnetonka Beach, Consideration of new multiple dock license and variance applications to reconfigure a non-conforming structure and for dock length and width. Babcock opened the public hearing at 7:02 p.m. He asked the applicant if they had any comments or would like to provide background at this time. Ms. Jo Ellen Hurt, Minnetonka Beach Planning and Zoning Administrator, spoke on behalf of the applicant. She made the following comments: · The city has submitted a new multiple dock license application to re-configure a non- conforming structure and a variance application to amend a previously approved dock length Lake Minnetonka Conservation District Regular Board Meeting February 10, 1999 Page 2 variance. · There is a slight reconfiguration proposed at dock sites 2 and 2A with a U-shaped dock rather than two separate docks. · There is a proposed length adjustment at dock sites 5, 6, 6A, 7, and 7A from 50' to 70' to gain sufficient water depth. She noted the City concurs with District staff that boat lengths should be restricted to 20', with the 4' overhang allowance. · A dock length variance is requested at dock site 8 and 9 to extend dock lengths from 88' to 98'. She added the City has documented water depth measurements that she believed qualify as a hardship. The length request has been made because when the dock length was previously approved, the City assumed the docking sections were a standard length of 8' rather than the 10' sections that have been installed. · A dock width variance is requested for dock site 9 to accommodate a handicap platform. She entertained questions from the Board. Rascop arrived at 7:04 p.m. Kitchak asked for clarification at dock sites 2 and 2A from what point is the 80' in length is measured from. Hurt stated the 80' in length is measured from the 929.4' lake elevation. Babcock asked if the City is aware of LMCD Ordinance 156 that prohibits greater than a 4' overhang for attachments and equipment at normal operating position. Hurt stated the City of Minnetonka Beach is aware of this ordinance and that the City would comply with it. Babcock questioned whether the handicap platform could be located on the dock near shore rather than at the end of the dock. He suggested from a safety standpoint it might make more sense to have it in shallower water. Hurr stated the handicap platform at the end of the dock is preferred because the adjacent lift makes it more stable and because the handicap individual can sit at the end of the dock. Gilman arrived at 7:08 p.m. Babcock asked LeFevere if a side setback variance should be required in addition to a dock length variance for extending the dock length to 98' on a site with 50' of lakeshore frontage. LeFevere stated in this case, he is unsure whether more restrictive side setbacks are merited when you are extending beyond the original dock use area for a specific configuration. Hurr stated this dock site was grandfathered at a 5' side setback requirement. There being no further comments, Babcock closed the public heating at 7:10 p.m. Lake Minnetonka Conservation District Regular Board Meeting February 10, 1999 Page Ambrose arrived at 7:10 p.m. 1. EWM/EXOTICS TASK FORCE A. Review of draft 1999 Zebra Mussel Work Plan. Suerth reviewed the draft 1999 Zebra Mussel work plan and related budget. He stated the goals and objectives established in the work plan are quite aggressive and will take the efforts of the Board and District staff, in addition to encouraging the commercial facilities to buy into the program. He made the following comments: · The proposed work plan will get the public to either buy into the program or it will not. He noted the details of the program were worked out with staff and Gene Strommen, EWM Project Manager. He emphasized the bounty award element of the work plan, as previously discussed by the Board. · Kickoff for this program should be targeted for the Holiday Crappie Fishing Tournament time in late April. Cooperation of the commercial facilities and local advertising should be begun by around the first of May. · A working group should be established because this is an ambitious task. · A hotline at the District office should be established to assist the public on what todo. · The proposed budget for this project is $35,800, but can be reduced by around $10,000 by reducing the advertisements in the local newspapers from 20 to 10 weeks. He asked for Board feedback on the work plan. Foster questioned where the funds for this project would come from. Nybeck stated in 1999, $15,000 has been budgeted for the zebra mussel program. He added it is possible to work with the "Save the Lake" Advisory Committee to leverage any additional funds beyond the $15,000. Suerth stated he believed this program has strong merits to be partially funded with Save the Lake funds. Babcock expressed general support for the work done on the draft work plan and budget for the 1999 zebra mussel program. He questioned whether it is appropriate for the District to provide a bounty award for people to comply with existing state laws. He stated he recalled previous Board conversations were to offer a bounty for catching other watercraft rather than their own. McMillan stated she would like to see more emphasis on the program on voluntary participation rather than on a financial award. Foster stated he has trouble with the District using the bounty system as proposed. He noted he is favorable of the program and would prefer the District offer a reward system, such as a hat, when a boat with zebra mussels is reported. Lake Minnetonka Conservation District Regular Board Meeting February 10, 1999 Page4 Suerth stated he had no trouble dropping the bounty system as proposed in the work plan. Nybeck clarified when the work plan was prepared at staff level, the cash bounty award was incorporated to gain maximum voluntary participation in the program. He suggested this might not be the best means of achieving the goals of the program; however, it was included to provide incentive to the public for the inconvenience of getting the boat washed and/or inspected. McMillan stated she believed it would be better to get the marinas involved and reward cooperating individuals at the end of the year. Kitchak expressed concern with the term bounty and how it is structured in the proposed work plan. He stated he believed if watercraft are observed with zebra mussels, they will be caught by the crew manning the docks. He suggested the $25 bounty award should be offered to this group rather than the public. Foster concurred with Kitchak that the staff at the commercial docks would be the most likely to find watercraft with zebra mussels. He added the hats he previously discussed should be provided to the docking staff because they are the first line of defense. Babcock stated local civic groups, such as Rotary, might be able to assist in some aspects of this program. McMillan stated she liked the slogan "Let's Be Zebra Mussel Free". Suerth stated execution of this program is vital. He noted an individual has not been found to mastermind this program; however, District staff has informed him that current staff can execute a good portion of the details. Nybeck stated he believed staff could accomplish some of the projects on the work plan. He noted District staff could be trained by the MN DNR on how to clean and inspect a boat with zebra mussels on it. He added District staff could then in turn pass this information on to the docking staff at the commercial marinas. Foster stated he believed the public launch ramps around the lake need to be covered in addition to the commercial marinas. He suggested that retired volunteers could assist in this effort, specifically in the distribution of literature. Babcock questioned whether local advertising is one area the District should address. He suggestec gional advertising might be more appropriate because this is a regional problem rather than just a local one. He noted outside marketing help should be secured to assist in identifying the target audience and how best to reach them. Gilman stated it might be appropriate to check into whether a professional advertising agency Lake Minnetonka Conservation District Regular Board Meeti February 10, 1999 Page would assist in this effort on a pro-bono basis. He noted the first question an agency would probably ask is what budget they have to work with. Kitchak suggested another means to reach the target audience might be through direct mailing. Babcock stated it might be appropriate to check into an advertising agency and find out how to reach our target audience. MOTION: Foster moved, Rascop seconded to establish a budget of $35,000 for the 1999 Zebra Mussel program, to direct EWM/Exotics Task Force Chair Suerth and staff to re-work the draft work plan, to direct staff to make contact with a professional agency in the near future to establish a work plan with a targeted audience, to complement the budget with "Save the Lake" funds, and to bring this back to the Board in the near future for review. Suerth stated the MN DNR is looking for some direction to do some joint advertising via billboards with the District this summer. He noted he would like the Board to authorize a set amount of funds for billboard signage. Foster stated this could be done as part of the motion or as a separate one. Kitchak expressed concern with the motion because it is lacking details. He noted the Board should have another opportunity to further review the plan suggested by an agency. Ambrose stated he would prefer to receive professional advice from an advertising agency prior to proceeding with a commitment with the MN DNR. VOTE: Motion carried unanimously. Babcock asked if the District participates in a joint billboard signage program with the MN DNR, will the billboards be Lake Minnetonka specific or generic. Nybeck stated he believed that could be negotiated; however, they generally use a more generic slogan. MOTION: Suerth moved, Babcock seconded to authorize up to $5,000 to allow the Executive Director to negotiate with the MN DNR on a joint billboard signage program. Gilman stated he believed this should wait until a campaign has been defined by the advertising agency. Ambrose stated he would like the MN DNR to be part of the discussions with the professional advertising agency. Kitchak stated it would be beneficial to get the MN DNR's position on this joint billboard Lake bfinnetonka Conservation District Feb~_ary 10, 1999 signage program, specifically how much money they are willing to contribute. Fage 6 Suerth and Babcock withdrew their motion. B. Additional Business. There was no additional business. 2. WATER STRUCTURES Babcock noted he would like to amend the agenda on this section of the meeting. He stated he would like to first discuss the Minnetonka Beach public hearing, then discuss current LMCD Boat Density Regulations, and then discuss a 1998 renewal without change multiple dock license application for Big Island Veterans Camp. A. Discussion of Minnetooka Beach new multiple dock license and variance applications public heating. Foster asked for feedback on the proposed applications. Nybeck made the following comments: · Staff recommends approval at dock sites 2 and 2A, subject to the six BSU's being stored in the authorized dock use area. · Staff recommends approval at dock site 5, 6, 6A, 7, and 7A, with a boat length restriction of 20', in addition to the 4' overhang allowance. · Staff recommends approval of the dock width variance at dock site 9 for the handicap platform, subject to a sunset clause when the need for the handicap platform ceases. · Staff believes the Board needs to discuss whether a physical hardship exists at dock sites 8 and 9 that merits a dock length variance from 88' to 98'. MOTION: Foster moved, Gilman seconded to direct attorney to prepare Findings of Fact and Order for approval of the new multiple dock license and variance applications for the City of Minnetonka Beach. VOTE: Motion carried unanimously. B. Discussion of current LMCD Boat Density Regulations. Babcock stated LeFevere has prepared a memo that summarizes current LMCD boat density regulations to assist the Board in this discussion. He questioned what was the exact rate of conversion for slides to slips. LeFevere stated he could not recall the exact conversion rate of the slides to slips; however, he noted it applies to the reconfiguration of non-conforming structures. Lake Minnetonka Conservation District Regular Board Meetin~ February 10, Page 7 Babcock stated as the current Code pertains to lots without a primary structure, the General Rule of one restricted watercraft for each 50' of continuous shoreline applies in most cases. LeFevere stated one exception to the General Rule is for smaller plats of land in existence on August 30, 1978. He noted in this exception, they are allowed to have two restricted watercraft without regard to ownership or up to four restricted watercraft, provided all the watercraft are owned and registered to residents of the site. Foster stated a concern he has with the outlot concept is that unusable land is counted towards continuous shore and then a facility is constructed on usable land where a facility is constructed to provide dockage fights for properties that do not abut the lake. LeFevere stated as time has gone on, he questioned whether there is any unusable lakeshore frontage on the lake. He noted docks have been constructed significant distances across wetlands and swamps to reach useable water. Kitchak stated it might be appropriate to distinguish between swamps and high lands and restrict dockage based on that. The consensus of the Board was to leave this up to the member cities because it is out of the District's jurisdiction. Babcock stated he believed he is in favor of some form of wetlands protection for multiple dock licenses. He suggested counting less of the shoreline towards the multiple dock calculations or having more restrictive General Rule in these cases. LeFevere stated he believed there is some benefit to allowing density transferring from a wetland area or in other instances. He reviewed the ordinance that was adopted to address the Pelican Point HOA multiple dock license application for non-continuous shoreline for the island. He noted in this case, they were allowed to transfer density from the island to the main land on the condition it is transferred at 1:100, provided the island was left in its natural state with no boat storage, and the overall density at the main land site cannot exce~ 1:35. Foster asked for clarification of how the Code would be impacted if a primary residence were required to have a secondary structure. LeFevere stated he assumed that would not take place for existing facilities and stated he is unaware of what impact that would have for the lake. Kitchak asked for clarification on how this would apply for residences that have dockage fights across a public fight-of-way. Foster stated in these instances, the residences would be grandfathered. He added it would be prohibited in new construction. Lake ~Vllnnatonka Conservation District Regulnr Board Meeting February 10, 1999 Page8 LeFevere stated current Code allows four restricted watercraft subject to there being a residence on site. He added there is some flexibility in interpretation in situations as described by Kitchak. He noted if a Code changed did not have this flexibility, it would have some impact on such situations. Babcock stated the Board has considered applications in recent years where the developer has proposed as many boats as they can for properties off the lake on a narrow lot. He added there have been other instances where there is significant shoreline with the docking structure located on one end or in a concentrated area in the shoreline. He noted neither scenario has been attractive to the Board because it substantially adds to active boat density during peak periods of the lake. Partyka stated the Carlson property is an example of a development that used a large amount of shoreline and has allocated it towards a multiple dock license with an outlot. He noted although this would be permissible because it would be grandfathered in, it would not be in future developments if the Code were amended as was being discussed. Kitchak stated it might be more appropriate to the lake to have these outlots because developers would propose bottleneck shaped lots to the lake to maximize lakeshore frontage. LeFevere discussed Planned Unit Developments (PUD's) and how an ordinance change might relate to them. He noted the current Board discussion would prohibit the placement of a dock unless it is a platted piece of property. He suggested the Board might want to consider a more restrictive General Rule, such as one restricted watercraft for every 100 feet of continuous shoreline rather than an absolute prohibition. McMillan stated it might make some sense to have clustered docking for higher density situations such as PUD's. Babcock stated lake zoning might be an appropriate means to evaluate PUD's with limitations. LeFevere stated some of the conditions placed on land, with environmental and clustering restrictions, could be placed on docking at PUD's. Babcock stated larger side setbacks could also be required in a PUD situation. Eggers left at 8:30 p.m. Rascop stated the most objectionable point he has against outlots is non-riparian lots gaining docking access to the lake that profits the developer. LeFevere suggested the Board discussion on possible ordinance changes re-focus on situations where there is a lot without a primary structure on site. He noted there might be some additional criteria for PUD's, such as a General Rule change to 1:100. Lake Minnetonka Conservation District Regalar Board Meetin February 10, 1999 Page 9 McMillan stated if there is a General Rule change, she suggested the Board communicate this back to their cities prior to amending the Code. Rascop stated he has been directexl by his city to make these ordinance changes. LeFevere stated a change of the General Rule to 1:100 does not necessarily need to be made tonight. He noted if there are other controls in place, the General Rule could be less restrictive, such as 1:75. Babcock stated if the General Rule becomes more restrictive, there are several existing licensed outlots that conform to the 1:50 General Rule that would become legal, non-conforming structures. He noted he would prefer to zone the lake rather than create more grandfathered structures. McMillan suggested LeFevere talk to Mike Gaffron, Senior Planner at the City of Orono, to discuss this issue because of some of his background. The Board discussed the Sweat property in Wayzata and how the possible development of it might be impacted by ordinance amendment. Ambrose noted the Wayzata City Council has had limited discussion On this property and stated he believed more affordable housing on this property might be desired. The Board directed LeFevere to prepare an ordinance amendment to incorporate the options and alternatives discussed. C. 1998 Big Island Veterans Camp Renewal Without Change Multiple Dock License Application. MOTION: Foster moved, Gilman seconded to approve the 1998 renewal without change multiple dock license application for Big Island Veterans Camp. VOTE: Motion carried unanimously. D. Additional Business. There was no additional business. 3. LAKE USE & RECREATION There was no discussion 4. FINANCIAL A. Audit of vouchers for payment (2/1/99 - 2/15/99). Nelson reviewed the audit of vouchers for payment, noting payroll checks 2509-2512 in the amount of $3,096.57, need to be added to the voucher list. Lake Minnetonka Conservation District Regular Board Meeting February 10, 1999 Page 10 MOTION: Foster moved, Gilman seconded to approve the audit of vouchers as amended. VOTE: Motion carried unanimously. B. December financial summary and balance sheet. Nelson reviewed the December financial summary and balance sheet as submitted. MOTION: Gilman moved, Babcock seconded to approve the December financial summary and balance sheet as submitted. VOTE: Motion carried unanimously. C. Additional Business. There was no additional business. ADMINISTRATION A. Update on LMCD Office moving expenses. Nybeck summarized the breakdown of LMCD office moving expenses. He made the following comments: · Expenses paid to date on the moving of the office are $20,815.54. Additional moving expenses to be incurred in the near future are a new sign above the entrance ($520) and new mini-blinds for the front windows ($208). · A check was received recently from the Freshwater Foundation for $42,068.53 to pay for the move and the increase in monthly rent. He noted the balance of these funds was agreed to by the Freshwater Foundation to offset increased rent costs for the next four to five years. B. Additional Business. There was no additional business. 6. SAVE THE LAKE e McMillan reported the Winter-Ice Cleanup project done in past years has been expanded to the Spring Park Bay area for 1999. She circulated a tag that will be placed on fishing houses in the Wayzata area this year to see if it has any impact on cleaning the lake prior to the houses being taken off the lake. EXF~~ DIRECTOR REPORT Nybeck reported on the following: · He stated Board feedback is needed on how the WeedRoller should be evaluated with Lake Minnetonka Conservation Distrid Regular Board Meeting February 10, 1999 Page 11 regards to District ordinances for structures. He reviewed the literature noting a MN DNR permit is necessary to operate one. He noted current Code is not clear and staff could use Board feedback. The consensus of the Board was to not treat a WeedRoller as part of the dock structure. He questioned when the Board would like staff to facilitate discussion at a future Board meeting on the use of Sonar in Carsons Bay. He noted SePro is involved in the triclopyr research on Lake Minnetonka this summer and it might make sense to coordinate it when they are in town. The consensus of the Board was for staff to gather literature for Board review in the near future and to target the second meeting in March to discuss Sonar. Rascop stated he had recently talked to a local fisherman who has fished Lake Minnetonka for many years. He noted based on his discussion with this individual, he reported fish size has decreased, the number of fish caught has decreased, and several of those fish caught had worms. He suggested staff follow-up on this by requesting copies of the creel reports from the MN DNR in recent years. 8. OLD BUSINESS There was no old business. 9. NEW BUSINESS There was no new business. 10. ADJOURNMENT There being no further business, Chair Babcock adjourned thc meeting at 9:30 P.M. Douglas Babcock, Chair Eugene A. Partyka, Secretary