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1988-11-29 CITY OF MOUND MOUND, MINNESOTA AGENDA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, NOVEMBER 29, 1988 COUNCIL CHAMBERS 1. Pledge of Allegiance. Approve Minutes of November 15, 1988, Regular Meeting. PUBLIC HEARING: Delinquent Utility Bills ~ Report from Building Official on property located at 5909 Glenwood Road. Pg. 2784-2790 Pg. 2791-2792 Pg. 2793 Request: Request: Minor Subdivision. Setback Variances. Pg. 2794-2811 CASE #88~730: Request: Frank BuYsse, property at 2017 Commerce Blvd., PID %14-117-24 14 0038. Variance for the "After the Fact" Construction of a Parking Lot Within the Five Foot Setback. Pg. 2812-2824 CASE #88-736: Unit "B" PID %24-117-24 12 0041· Request:. Front Yard Setback Variance. CASE #88-737: Bradley Blazevic, 1871 Shorewood Lane, Lot 2, Block 12, Shadywood Point, PID %18-117-23 23 0061. Request: Side Yard Setback Variance. Michael Blunt, 4771 Island View Drive. Donald R. Bonnicksen, 2539 Emerald Drive, Lot 7, Block 6, Shirley Hills Pg. 2825-2838 Pg. 2839-2849 Request: To leave existing platform on Devon Commons. Pg. 2850-2851 Page 2781 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. James Miller, 4781 Island View Drive. Request: To leave existing platform on Devon C onunons. Howard Hagedorn, 1748 Avocet Lane. Follow-up on tree trimming done on Wiota Commons. Comments & Suggestions from Citizens Present. Pg. 2852-2853 Pg. 2854-2856 Lost Lake Park Development Plans presented by the University of Minnesota Architecture Dept. Resolution Requesting an Increase in M.S.A. Maintenance Funds Due to Increased Maintenance Costs on City of Mound M.S.A. Streets. Recommended def~-~*~, nf "resident" for cemetery fee schedule. Request for 2200 block of Westedge Blvd. , Sign ordinance modification. Proposed Affirmative Action P~n ~?~. Tour of new Public Works Building, Island Park facility and goal setting session - January 7, or January 14, 1988 - Mayor Smith. Payment of Bills. INFORMATION/MISCELT.%NEOU8 A. Financial Report for October as prepared by the Finance Director. Lake Level, Flow & Precipitation Summary for October 1988, c~ Planning Commission Minutes - November 14, 1988. Do Pg. 2857 Pg. 2858 Pg. 2859-2860 Pg. 2861-2863 Pg. 2864-29f7 Pg. 2918-2933 Pg. 2934-2935 Pg. 2936-2938 Pg. 2939-2946 Park Commission Minutes - November 10, 1988. Pg~ 2947-2952 Request for comments from the City regarding the renewal of existing management policy and operating procedures for Gray's Bay Headwaters Control Structure. This information has been given to the Park and Planning Commissions. Pg. 2953-2963 Page 2782 175 November 15, .1988 MINUTES -- MOUND CITY COUNCIL -. NOVEMBER 15t 1988 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 15, 1988, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen, and Phyllis Jessen. Councilmember Skip Johnson was absent and excused. Also present were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler, and Build- ing Official Jan Bertrand and the following interested citizens: Jeri Forster, Ardy Forster, Tom Forster, Les and Charlotte Jen- sen, Lucille Maas, Mary and Alan Burkness, Juli and Tim Seehusen, Donna and Gerry Smith, Jeff and Denise Olsen, Lois and Earl Sandquist, Kyle Wilberry, G. Michael Brown, Mike Barlow, Harlan Dugstad, Bob Brown, Andrea Ahrens, Leon Hesselgrave, Dorothy and Bill Netka, Larry Shaw, Pat and Paul Meisel, Tim & Karen King, John Kuhlman, Bill Reutiman, and John Wagman. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Abel, seconded by Jensen to approve the minutes of the October 25, 1988, Regular Meeting and the November 9, 1988, Special Meeting as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS: TO CONSIDER AN AMENDMENT TO T~E MOUND CITY CODE, SECTION 23.415 (4) q, RELATING TO FENCES The City Planner explained that currently the wording in the or- dinance is as follows: "If the material used in fence construc- tion is not finished on both sides, the finished side of the material shall be on the outside facing the abutting property." This.has caused some confusion in the past with which side faces abutting.property. The new proposed Wording for this section as recommended for approval by the Planning Commission is as follows: "Fences shall be installed such that the finished side faces abutting properties. The finished side shall be the side which provides maximum coverage of posts and stringers. Board- on-board, basket-weave fences, and similar design shall be deemed to have two finished sides." The Mayor opened the public hearing. Mayor closed the public hearing. There was no response. The 176 November 15, 1988 Abel moved and Jessen seconded the following: ORDINANCE %19-1988 AN ORDINANCE AMENDING APPENDIX B, SEC- TION 23.415 (4) g, OF THE CITY CODE RELATING TO FENCES The vote was unanimously in favor. Motion carried. B. CASE ~88-732: CONSIDER ISSUANCE OF ~ CONDITIONAL USE PERMIT FOR CENTURY AUTO BODYt 5533 SHORELINE BLVD., PID ~13-117-24 33 0007/0008 The Building Official reviewed her ~emo regarding an inspection of the property at 5533 Shoreline Blvd. She reported that OSHA and Hennepin County will follow-up on their violations and will send a report by December 15, 1988. The Mayor reopened the public hearing. BOB BROWN, 5430 Three Points Blvd., stated that he has been in the establishment and in his opinion it is a clean place. VIC COSSETTE, owner of Century/ARCO, stated that he agrees with all the conditions in the proposed resolution. The Council discussed the 12 items Official's report. in the Building The City attorney suggested that action on this Conditional Use Permit could be delayed until all reports from Hennepin County and OSHA are in and all items are corrected. He also stated there are also penalties due to OSHA from 1984 which have now been turned over to the State Attorney General's Office for collection. GREG KELLER, attorney representing Vic Cossette, stated that those penalties from OSHA were against the corporation. Mr. Cossette is now operating under sole proprietorship. VIC COSSETTE, objected to item #6 in the Building Official's report requiring a supply of make-up tempered air because it 'is too expensive to install and he does not feel it is necessary. The Building Official stated the requirement for make-up tempered air has been in the State Building Code since 1972. BOB BROWN asked why the City is .getting involved in items required by OSHA. The City Attorney stated that the City has no authority to waive state, county or federal regula- tions. 2 177 November 15, 1988 MOTION made by ~bel, seconded by Jessen to continue this public hearing and delay action on this Conditional Use Per- mit until more items on the Building Official,s list are completed and a follow-up report from Rosemary Lavin, Hen- nepin County Environmentalist, is received in December. Item to be brought back at the December 27, 1988, Council Meeting. The vote was unanimously in favor. Motion carried. CASE #88-728: JOEL DOKKEN, (5042) AVON DRIVE, LOTS 8-12, BLOCK 4, SHIRLEY HILLS UNIT B, PID ~24-117-24 12 0018, MINOR SUBDIVISION The City Planner explained that this was tabled at the October 25th Meeting to be brought back this evening. Mr. Larry Larson, builder for the potential owner of this property, stated that the lot is not buildable with the 30 foot set.back requirements. He requested that the Council grant a variance for 20 foot setbacks. The-City Attorney explained that a variance request needs to come before the Planning Commission for their recommendations before it comes before the city Council for consideration. Donna Smith voiced objection to a large house being placed on the newly created lot because it is not in the best interest of the neighborhood. The city Attorney pointed out that the property descriptions in the proposed resolution for the subdivision are incorrect. The Planner stated that the resolution in the packet was for the sub- division if the vacation had been approved. The Council discussed the Planner's recommendations for the sub- division, specifically #5 which reads, "The applicant is dividing the property with full knowledge of the setback constraints on Parcel A.. Future setback variances for Parcel A will not be recommended for approval." MOTION made by Jessen, seconded by Abel directing the Staff 'to prepare a corrected subdivision resolution to the next meeting incorporating the correct property descriptions and incorporating the Planner,s recommendation relating to no future setback variances for Parcel A. The vote was unanim- ously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 178 November 15, 1988 AN ORDINANCE AMENDING ClfAPTER V OF THE MOUND CITY CODE, SECTION 510:40, SUBD. 2 & 6; SECTION 520:00, SUBD. I a (1), SUBD. I a (2), SUBD. lf, SUBD. i g, SUBD. 3, RELATING TO FEES The City Clerk explained that this amendment will bring the Code Book up-to-date, deleting the 1987 fees and incorporating the UBC fees that were adopted in the recodification. Smith moved and Abel seconded the following: ORDINANCE %18-1988 AN ORDINANCE AMENDING CHAPTER V OF THE MOUND CITY CODE, SECTION 510:40, SUBD. 2 & 6; SECTION 520:00, SUBD. I a (1), SUBD. i a (2), SUBD. lf, SUBD. 1 g, SUBD. 3, RELATING TO FEES The vote was unanimously in favor. Motion carried. PETITION FROM PROPERTY OWNERS REGARDING CONDITION OF PROPERTY LO- CATED AT 5909 GLENWOOD ROAD Mr. Tim Seehusen, 5910 Glenwood Road, presented the petition with 24 signatures which read as follows: "Petition concerning property located at 5909 Glenwood Road, Mound, and occupied by Richard Janke: The people whose signatures appear below request that the property be inspected to determine its condition and its af- fect on properties located nearby. - Exterior of house and garage in disrepair. - Garage is approximately 3 feet from fence belonging to adjacent property. - Garage appears to be full of paper, old tools and dis- carded junk. - Rats and other rodents in and near property. Interior of home has wall in cellar that is collapsing. - Four trucks are parked in yard. - Consensus of many neighbors is that house should be condemned as uninhabitable." Mr. Seehusen presented some pictures taken that day of the property. Ms. Lucille Mass, 5901 Glenwood Road, reviewed her letter of com- plaint about ~he Janke property, and the her claim that this un- sightly house is lowering the value of all the property around it as well as being a health and safety problem. The City Attorney explained that there is a hazardous building statute but that in order to obtain a search warrant .it has to be proved in court with sworn evidence that the people living in 4 179 November 15, 1988 the home are putting their safety, health and welfare in danger. MOTION made by Smith, seconded by Abel directing the Build- ing Official to go out with a camera and list infractions to the nuisance ordinance that can be sited for abatement and report back to the Council at .the next meeting. The vote was unanimously in favor. Motion carried. REVIEW OF REQUEST TO DNR TO DREDGE A PORTION OF LOST L~KE CHANNEL BY LOST LAKE HOMEOWNERS ASSOCIATION The City Manager explained that the DNR routinely sends these dredging applications to us for comments. The Planning Commis- sion and the Park Commission have reviewed this and see no problem. The application is to dredge approximately 200 feet from the mouth of the Lost Lake ChaDnel under the bridge, 4 feet deep. Tim King, 2447 Lost Lake Road, was present representing the Lost Lake Homeowners Assoc. who have made the application. Pat. Meisel, 5501 Bartlett Blvd., owner of property on one side of the Lost Lake Channel expressed concern about the width of the dredge and the possibility of causing the sides of the channel to erode. Bill Reutiman, attorney rePresenting John Wagman, 5469 Bartlett Blvd. voiced objections to the application for dredging because his client owns the property for {his channel and he and the other property owner abutting the channel have to maintain the channel sides. He recommended denial of the request for the dredge. The city Attorney pointed out that the City has no jurisdiction to approve or disapprove this application. It was sent to the city only for comments. No action was taken by the City Council. PROPOSED .AGREEMENT BETWEEN THE CITY OF MINNETRISTA AND THE CITY OF MOUND RELATIVE TO PROVIDING SEWER UTILITY SERVICE TO TWO MIN- NETRISTA PROPERTY OWNERS The City Engineer explained that this Agreement has now been ap- proved by the City of Minnetrista with two minor changes. The last Whereas on the first page should read as follows: "Whereas, the parties have mutually agreed that it is in the best interest of public health, safety and welfare to provide sanitary sewer service from the Mound system to the Minnetrista property owners, and that Minnetrista and the Owners of said properties will pay to Mound the following established a~ounts and will abide by the rules and regulations established for the Mound system and as set forth in this Agreement." 5 180 November 15, 1988 Minnetrista also asked the %14 be added which reads as follows: "14. This Agreement and provision of sewer service shall not be considered as evidence in any detachment or annexation proceedings." The two properties to be served by Mound's sanitary sewer are: PID #15-117-24 41 0001 and #15-117-24 41 0002. Jessen moved and Abel seconded the following resolution: RESOLUTION %88-176 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY NANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF MINNETRISTA AND THE CITY OF MOUND RELATIVE TO PROVIDING UTILITY SERVICE TO TWO MINNETRISTA PROPERTY OWNERS The vote was unanimously in favor. Motion carried. PAYMENT REQUEST ~6, PUBLIC WORKS FACILITY The City Engineer stated he has reviewed the payment request from Loeffel-Engstrand in the amount of $11,065.60 and recommends ap- proval. They are also recommending a 5% retainage, $34,950.35, to assure final acceptance. MOTION by Abel, seconded by Jensen to authorize payment request %6, to Loeffel-Engstrand in the amount of $11,065.60 for work completed on the Public Works Facility through Oc- tober 31, 1988. The vote was ~nanimously in favor. Motion carried. STATE GAMBLING LICENSE RENEWAL FOR THE AMERICAN LEGION POST ~395. The City Clerk explained that unless the Council has a problem with the State renewing a Gambling License for American Legion Post #395 operation of' pull-tabs, they need not take any action. No action was taken. LICENSE RENEWAL - ENTERTAINMENT PERMIT - JOCK CLUB 'Motion by Abel, seconded by Smith to authorize the issuance of and Entertainment Permit to the Jock Club, 5241 Shoreline Blvd. License period 12-1-88 to 11-30-89. Approval contin- gent upon all required forms., insurance, etc. being turned in. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $221,716.08, when funds are ,available. A roll call vote was unanimously in favor. Motion carried. 6 INFORMATION/MISCELLkNEOUS ae 1~1 November 15~ 19~ Department Head Monthly Reports for October 1988. Lake Level, Flow & Precipitation Summary for September 1988. REMINDER: Last Regular Meeting in November will be November 29, 1988. MOTION made by Jessen, seconded by Abel to adjourn at 9:30 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Fran Clark, CMC, City Clerk · .Delinquent Water and Sewer 11-22-88 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 0130 0130 0160 0190 0250 0280 0280 0460 0550 0640 0672 O76O O76O O85O 1030 ll20 ll~O' 1240 1360 1360 1690 1690 1692 1692 1750 1750 1990 2020 2140 2200 123 423 931 721 391 541 571 121 301 243 932 123 301 751 422 632 O62 391 031 093 272 544 212 871 O62 181. 241 O92 272 $143.46 89.93 245.56 150.51 66.46 176.01 150.16 154.54 222.83 126.84 196.76 123.71 155.96 132.29 243.80 185.02 139.48 102.79 72.16 72.42 168.76 115.30 176.21 164.46 172.50 124.67 178.05 285.58 192.64 138.03 $4666.89 Delinquent Water and Sewer 11-22-88 11 0130 123 11 0130 423 11 0160 931 11 0190 721 11 0250 391 11 0280 541 11 0280 571 ll 0460 121. !1 O55O 301 ll 0640 243 11 0672 932 ll O76O 123 ll O76O 301 ll O85O 751 ll 1030 422 ll ll20 632 11 llSO 062 11 1240 391. 11 1360 031 11 1'360 093 11 1690 272 11 1690 544 11 1692 212 11 1692 871 11 1750 062 11 1750 181 11 1990 241 11 2020 092 11 2140 272 11 2200 241 $143.46 89.93 245.56 150.51 66.46 176.01 150.16 154.54 222.83 .... ~23.71 132.29 243.80 185.02 139.48 102.79 72.16 72.42 168.76 115.30 176.21 164.46 172.50 124.67 178.05 285.58 192.64 138.03 $4666.89 CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 MEMORANDUM DATE: TO: FROM: sUBJECT: November 22, 1988 City Manager and City Council dan Bertrand, Building Official 5909 Glenwood Road Richard danke's Property At. the City Council meeting of November 15, 1988 I was asked to contact Mr. danke and look over the property For possible viola- tions to City ordinances. Delinquent Water and Sewer 11-22-88 11 o13o 123 11 0130 423 11 0160 931 11 0190 721 11 0250 391 11 0280 541 11 0280 571 11 0460 121. !1 0550 301 11 0640 243 11 0672 932 11 0760 123 11 0760 301 11 0850 751 11 1030 422 11 1120 632 11 1120 062 11 1240 391. 11 1360 031 11 1'360 093 11 1690 272 11 1690 544 11 1692 212 11 1692 871 11 1750 O62 11 1750 181 11 1990 241 11 2020 11 2140 272 11 2200 241 $143.46 89.93 245.56 150.51 66.46 176.01 150.16 154,54 222.83 19 6 6 .'i23.71 '155.96 132.29 243.80 185.02 139.48 102.79 72.16 72.42 168.76 115.3o 176.21 164.46 172.50 124.67 178.05 285.58 192,64 138,03 $4666,89 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 MEMORANDUM DATE: TO: FROM: sUBJECT: November 22, 1988 City Manager and City Council Jan Bertrand, Building Official 5909 Glenwood Road Richard danke's Property At. the City Council meeting of November 15, 1988 I was asked to contact Mr. Janke and look over the property for possible viola- tions to City ordinances. In 1983, 1984, and 1985 the City received complaints regarding his property. A formal complaint was issued in September 1984 for violations under the provisions of City Code Section 23.702 for exterior storage. After lengthy negotiations with the City prosecutor and Mr. danke he did install a storage building and enclosed his exterior storage with a privacy fence. After the council meeting on November 15, ! attempted to contact Mr. danke and succeeded to talk to him and Myrtle danke on Friday and Saturday of that week~ At the time of this letter, ! have not been able to gain access inside of the structure, and the gate to the privacy Fence was frozen shut. I asked Mr. Janke to respond to the accusations of the neighbors and report back to the City Council or Manager on November 29, at ?:30 p.m. JB:pj An equal opportdnit'/ Employer that oo¢~,__ not d~..ciimina,, on tnt: bas~s $' race color rla1~ooal origln, or handicapped sta!t;s r~ the agmtssidr, of access to. or treatmetl! or er,,plo/rnent ~n ~:s prorjram$ and acliv~ttes Proposed Resolution Case No: 88-728 RESOLUT~li~i RESOLUTION i~[~ViNG REQUIREMENTS OF SUBDIVISION ORDINANCE FOR SHIRLEY HILLS UNIT B LOTS 8, 9, 10, 11 AND 12, BLOCK 4, ' PIDt 24-117-24-12-0018 AND RECOGNITION OF AN EXISTING REAR SETBACK VARIANCE FOR PROPOSED PARCEL B. WHEREAS, the applicant has applied to waive the requirements of the subdivision ordinance and recogniti'on of an existing 4 foot rear setback variance for Proposed Parcel B as shown on the Certificate of Survey dated 7/15/88; and, WHEREAS, the subject property is located within the R-l, Single- family zoning district, which according to city code requires a 30 foot rear setback because of an existing alley; and, WHEREAS, the Planning Commission has reviewed the request and does recommend approval of both the waiver and the variance, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: 1. That the requirements of the Ordinance of the City of Mound, Section 330:15, rela-i~g to the conveyance of parcels of land are hereby waived to permit conveyance in a manner generally described as follows~ PARCEL A All of LOts 8 and 9, and that part of Lot 10, Block 4, Shirley Hills. Unit B, according to'the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly of the following described line: Commencing at ~e southwesterly corner of said Lot 10: thence northeasterly along the northwesterly line of said Lot lo a ulstance of 16.67 feet to the point of beginning ofthe line to be described; thence southeasterly, deflecting to the right from said northwesterly line, an angle of 90 degrees, 07 minutes, 10 seconds for a distance of 56.00 feet; thence southeasterly, deflecting to the right from the last described line an angle of 12 degrees, 55 minutes, 20 seconds a distance of 50.35 feet more or less to the southeasterly line of said Lot 10 and said line there terminating. PARCEL B All of Lots 11 and 12, and that part of Lot 10, Block 4, Shirley Hills Unit B, according to the recorded plat thereof, Hennepin County, Minnesota, ly.ing southwesterly of the following described line: Commencing at the southwesterly corner of said Lot 10; thence northeasterly along the northwesterly line of said Lot 10 a distance of 16.67 feet to the point of beginning of the line to be described; thence southeasterly, deflecting to the right from said northwesterly line, an angle of 90 degrees, 07 minutes, 10 seconds for a distance of 56.00 feet; thence southeasterly, deflecting to the right from the last described line an angle of 12 degrees, 55 minutes, 20 seconds a distance of 50.35 feet more or less to the southeasterly line of said Lot 10 and said line there terminating. Driveway access for Parcel A shall be from Avon Drive. The applicant shall.pay one park dedication fee at the time of building permit issuance for Parcel A. All applicable unit charges shall be paid. The City Engineer shall review and approve utility connections for Parcel A. The City does hereby recognize the existing nonconforming principal structure rear setback at Avon Drive and Park Lane, PID# 24-117-24 12 0018, with an approximate setback of 26 feet. The applicant is dividing the property with full knowledge of the setback constraints on Parcel A. Future setback variances for Parcel A will not be recommended by staff for approval. The City Council recognizes the existing structural setback violation pursuant to Section 23.404, Subdivision (8) with the clear and expressed understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. This variance is being granted for the following legally described property: Par. cel B as proposed on the developers certificate of survey dated 7/15/88. This variance shall be recorded with the county recorder or registra~ of titles in Hennepin County pursuant to Minnesota State Statutes, Section 462.3595, Subdivision (4). This shall be considered a restriction on how this property may be used. 10. The property owner shall have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. The building permit for Parcel A shall not be issued until proof of recording has been filed with the City Clerk. Adopted this 28th day of November, 1988 CITY COUNCIL OF THE CITY OF MOUND BY Mayor ATTEST: City Clerk Proposed Resolution Case No. 88-728 RESOLUTION 88- RESOLUTION WAIVING REQUIREMENTS OF SUBDIVISION ORDINANCE FOR SHIRL,EY HILLS UNIT B, LOTS 8, g, 10, 11 AND 1.2', BLOCK 4, PIDI 24-117-2~i2-0018 AND RECOGNITION OF AN ~'~XISTING REAR SETBACK VARIANCE FOR~°i~OPOSED PARCEL B AND THE GRANTING OF SE/T~BACK VARIANCES FRON PARK LANE AND THE ADJACENT/ALLEY FOR PROPOSED PARCEL A. WHEREAS, the applicant h/e/s applied to waive the requirements of the subdivision ordinancea~nd recognition of an existing 4 foot rear setback variance for Proposed Parcel B as shown on the Certificate of Survey dated 7/15/88 and 10 foot setback variances from unimproved right-of-way along Park Lane and the alley on the northwest part of Parcel A as shown on the Certificate of Survey dated 7/15/88; and, WHEREAS, the subject property is located within the R-l, Single- family zoning district, which according to city code requires a 30 foot rear setback from all improved and unimproved rights-of-way; and, WHEREAS, the variances comply with Section 23.506.1 of the Mound Zoning Code in determining that hardship exists due to the shape of the property; and, WHEREAS, the Planning Commission has reviewed the request and does recommend approval of both the waiver and the variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: That the requirements of the Ordinance of the City of Mound, Section 330:15, relating to the conveyance of parcels of land ' are hereby waived to permit conveyance in a manner generally des'cribed as follows: PARCEL A All of L6ts 8 and 9, and that part of Lot 10, Block 4, Shirley Hills Unit B, according to the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly of the following described line: Commencing at the southwesterly corner of said Lot 10: thence northeasterly along the northwesterly line of said Lot 10 a distance of 16.67 feet to the point of beginning of the line to be described; thence southeasterly, deflecting to the right from said northwesterly line, an angle of go degrees, 07 minutes, 10 seconds for a distance of 56.00 feet; thence southeasterly, deflecting to the right from the last described line an angle of 12 degrees, 55 minutes, 20 second's a distance of 50.35 feet more or less to the southeasterly line of said Lot 10 and said line there terminating. PARCEL B All of Lots 11 and 12, and that part of Lot 10, Block 4, Shirley Hills Unit B, according to the recorded plat thereof, Hennepin County, Minnesota, lying southwesterly of the following described line: Commencing at the southwesterly corner of said Lot 10; thence northeasterly along the northwesterly line of said Lot 10 a distance of 16.67 feet to the point of beginning of the line to be described; thence southeasterly, deflecting to the right from said northwesterly line, an angle of 90 degrees, 07 minutes, 10 seconds for a distance of 56.00 feet; thence southeasterly, deflecting to the right from the last described line an angle of 12 degrees, 55 minutes, 20 seconds a distance of 50.35 feet more or less to the southeasterly line of said Lot 10 and said line there terminating. Driveway access for Parcel A shall be from Avon Drive. The applicant Shall pay one park dedication fee at the time of building permit issuance for Parcel A. All applicable unit charges shall be paid. The City Engineer shall review and approve utility connections for Parcel A. The City does hereby recognize the existing nonconforming principal structure rear setback at Avon Drive and Park Lane, PID# 24-117-24 12 0018, with an approximate setback of 26 feet and grants 10 foot setback variances from Park Lane and the alley northwest of proposed Parcel A. The City Council recognizes the existing structural setback violation and grants the setback variances from the alley and Park Lane pursuant to Section 23.404, Subdivision (8) with the clear and expressed understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. These variances are being granted for the following legally described properties: Parc. els A and.B as proposed on the developers certificate of survey dated 7/15/88. These variances shall be recorded with the county recorder or registrar of titles in Hennepin County pursuant to Minnesota State Statutes, Section 462.3595, Subdivision (4). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. The building permit for Parcel A shall not be issued until proof of recording has been filed with the City Clerk. Adopted this 28th day of November, 1988 CITY COUNCIL OF THE CITY OF MOUND BY Mayor ATTEST: City' Clerk CITY of MOUND 5~41 MAYWOOD ROAD MOUN~. MJNNESOTA 55364 (612i 4,"2-1155 Mr. Joel Dokken contacted City Hall on November 18, 1988 by telephone with the following request: Mr. Dokken would like to change his ~ariance Request dated 10-13-88 to include Parcel 'A' to have 20' setbacks from the side streets (Park Lane and the alley), which would be a 10' variance from each side street. The 4' variance request for Parce 'B' from the alley will remain as originally requested. ,r~,,he 8dm:s$on Or ac:ess tc dr treatment Or emr..oyment ~n.!!s F.%~'ams 2no 3c~;, ~es 3030 Harbor Lane North Bldg. II, Suite 104 Minneapolis, MN 55447-2175 612/553-1950 PLANNING REPORT TO: FROM: Planning Commission and Staff Mark Koegler, City Planner~[~ DATE,: October 4, 1988 SUBJECT: Minor Subdivision APPLICANT: LOCATION: Joel Dokken Ralph V. Reeves - Contract Holder Donald A. Knobloch - Fee Owner Avon Drive and Park Lane CASE NUMBER: 88-728 VHS FILE NUMBER: 88-310-A18-ZO EXISTING ZONING: R-1 COMPREHENSIVE PLAN: Sin,gle Family Residential BACKGROUND: This item was the subject of two previous staff reports', on.e dated September 20,'1988 and the other dated September 27, 1988. Both of those previous reports are being replaced 'by this planhing report. On September 26, 1988, the Planning Commission reviewed this minor subdivision 'request and tabled action until a potential alley vacation 'could be analyzed by staff. At this time, the City Engineer is looking into the potential of vacating the alley and will prepare a .separate report for the Planning Commission on this issue. The potential alley vacation was discussed in the context of the review of Parcel A (developers certificate of survey dated 7/15/88). Par'ce.1A as proposed contains 10,000 square feet of area but has limited building area due to public right-of-way on three sides. Parcel A as originally proposed can contain a conforming single family residence which meets minimum square footage reQuirement~ for floor area (840 sQ. ft.). [×hibit 1, prepared by staff, depicts the required setbacks. This configuration results in a total building area of approximate.ly 1790 square feet. If the alley that borders Parcels A and B can be vacated, one half' of the land area will be attached to each 'of the parcels. More importantly, the removal of the alley will make the existing structure conforming (rear setback) and will significantly expand the building area of Parcel A. Exhibit 2 shows the required setbacks assuming that the alley is vacated. This configuration results in a building area of approximately 4490 square feet which can easily accommodate a new single family structure. RECOMMENDATION: Since the status of the alley vacation is unknown at this time, this report presents recommendations in two forms. If the alley.vacation is denied, approval of the minor subdivision is recommended since Parcel A meets a-ll of the requirements of the Mound Zoning Code. This approval is subject to the following conditions: 1. Driveway access for Parcel A shall be from Avon Drive. 2. The applicant shall pay one park dedication fee at the time of building permit issuance for Parcel A. 3. All applicable unpaid unit charges shall be paid. 4'. A 4 foot rear yard setback variance shall be granted for the existing house on Parcel B. The applicant shall immediately complete a variance application an remit the appropriate fee. 5. The applicant is dividing the property with full knowledge of the setback con'straints on Parcel A. Future setback variances for Parcel A will not be recommended for approval. 6. The City Engineer shall review and approve utility connections for Pancel A. If the alley vacation is aPproved, approval of the minor subdivisiQn is recommended subject to the following conditions: D~iveway access for Parcel A shall be from Avon Drive. 2. The applicant shall pay one park dedication fee at the time of building permit issuance for Parcel A. 3. All applicable unit charges shall be paid. 4. The City Engineer shall review and approve utility connections for Parcel A. 'B -1- X ill I ' t ¢~'<~d? ~q~ ~, PPLICATION FOR SUB.DIVISION OF LAND · . ~' ~, .. Sec. 22.03 ~ · ~ FEE I .~'"'~ FEE OWNER Le~iti~ ~d templet, legll d~$cripti~ of p~erty ~e be divic~d: Lo-t-5 <~,q, ~0, il, I~, BioaR ~ttachments, etc. must be submitted In co . I,ltech survey or scsi, dr~wi~gshewi~g~dj~cent sVee~, dim~sieeofpr~l . A WAIVEI~ IN LOT SIZE IS RE.JESTED FOR: New Lot No. : Fram ~;_'re feet TO Sq~m feet T~is ipplictti~ must k silned by Ill ~e OWNERS of PLANNING COMMISSION RECOMMENDATION: Subdivision approved subject to the conditions set forth in the staff recommendation. DATE 10-10-88 COUNCIL ACTION Resolulio~ No. DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSES,.~IENTS BY WAIVER. THE FILING OF THE DIVISION AS APPROVED AND THE NECESSARY PAYMENTOFTAXESBY THE FEE OWNER WITHIN 1 YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID. . MAILED TO HARK KOEGLER 9-2-88. pj ~ li~""~ef rssid~m[, ,n~ ~w. sr, of--p~o, psrty witMh'"'"~O f,st-mu,t be ,tt~ched. I~Ivls Ion I -_ This application was submitted to recognize and · .a variance for an existiciTY ~ HOUND nonconforming lot APPLICATION TO PLANNING & ZONING COHHISSION (Please type the following .information) Street Address of Property Legal Description of Property: Lot Addi%ion -~-f~ i ~ L~ Owner's Name :D-ZPC~-- ~- Address ~T~ ~. ~~;e/~ /~' Applican: (if other than owner): Fee Pa i d ~ Date Filed 1. Day Phone No. Name Day Phone No. Address 5. Type of Request: / (L/) Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. ( ) Amendment ( ) Sign Permit ( )*Other *If' other, specify: Present Zoning District Existing Use(s) of ProPerty. Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? /L~O : If sb, llst date(s) of list date(s) of application, action taken and provide Resolution No.(s) coPies of previous resolutions shall accompany present request. I certify that a11 of the above sta.tements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. ! consent to the entry In or upon the premises described in this application by any authorized official of the City of Hound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. .'Signature of A'pplicant ,(~~2 Date Planning Commission Recommendation: Date Council Action: Resolution No. 05' 4182 Locatlon of: Slgns, easements, undcrgr0und utilities, et~. Indicate North compass direction Any addltlonal Information as may reasonably be required by the City Staff. and appllcable Sections of the Zoning Ordinance. iii. Request for a Zonln~ Variance All.lnformation below~ a site plan, as described In Part I], and general application must'be provided before a hearlng~111 be scheduled. Does the present use of the property'conform to all use regulations for the zone district In ~hlch it is located? Yes (~' ~o ( ) If ~!no"", specify each ~on-conformi. ng use: C, 1)o the exlstlng structures comply with'all area height.and bulk regulatlons for the zone district In ~vhlch It Is.located? Yes (L/) No' ( ) .If ~no~, speclfy each non-conforming use: D, .l~hlch unique physical characteristics of the subject property I~revent Its reasonable use for any of the uses.permltted In that zoning district? ( ) .Too narrow ( . ) Topography ( ) Sol! · ( J. Too. small ( ) Drainage. ( ) Sub-surface - · ( Too shal!c~ ( )' Shape ( ) Other: SpeclJ;y., E, ~/as the hardship d~scrlbed above created by the action ot~ anyone having property l.nterests In the land after. 'ch, Zoning Ordinance was adopted? Yes ( ) No (~ If yes, expla!n,. l~as the hardship created by any'other man-made change, such as the reloca- tion of a road? Yes ( ) No (t/x) 'If yes, explaln: Are the conditions of hardship for ~vhlch you request a varl. ance pecullar .only to the property described In this petition? Yes (t/~ No ( ) If no~ how many other properties are similarly affected? FI. ~/hal; Is the 'mlnlmum~ modification (variance) from the area-bulk regulations' that will permit you to make reasonable use of your land? (Specify, using maps~ site plans ~Ith dimensions and v~ritten explanation. Attach additional sheets, if necessary·). . I. ~'111 granting of the variance'be materially detrimental to property In the same zone~ or to the enforcement of this ordinance? Planning Commission Meeting October 10, 1988 4.a. Case No. 88-733: Alley between Avon DriVe and Avon Drive, Joel Dokken, Shirley Hills Unit "B", Lots 8, 9, 10, 11, 12, Block 4, PID #24-117-24-12-0018; VACATION (PUBLIC HEARING). 4.b.'Case No. 88-728: Avon Drive and Park Lane (5042 Avon Drive); Joel Dokken; Shirley Hills Unit "B", Lots 8',. 9, 10, 11, 12, Block 4, PID ~24-117-24-12-0018; MINOR SUBDMSION: '.CONTINUATION FROM SEPTEMBER 26, 1988 MEETING. APplicant,. Joel Dokken, and a c~ncerned neighbor, Donna Smith were present. Recommendation by City Planner, Mark Koe=ler: Mr. Dokken's request to vacate the subject alley has ·been reviewed by the City Engineer, and due the property owner of lot 13 using· the alley for driveway access on the proposed Parcel B side, he 'is recommending that the alley on the proposed Parcel A side only be vacated (shown on Exhibit 2). The' proposed Parcel A w6uld be 10,000 sq. ft. and Parcel B would be 12,099 sq. ft. The existing structure on Parcel B 'is presently nonconforming to the rear yard, it has a set back of 26' and should be 30', which would need the recognition of a 4' variance if that alley .is not vacatedl It is the City Engineers recommendation that that alley not be' vacated. Staff referred to Exhibits I and 2 which shows the setbacks and' proves the lot is buildable, it meets the minimum building code requirements for a structure which is 840 sq. ft. If the alley were to be vacated on Parcel A it would ~llow a larger house to be built and be more conforming to the surrounding neighborhood. There'is a home on lots 6 and 7 wh$ch has a nonconforming garage, which would become conforming if the alley was vacated... Chairma~ Reese opened public hearinq at 10:05 p.m. Donna Smith of 2531 Avon Drive commented that she was a concerned neighbor and..was attending to find the reason'for the vacation. Ms. Smith said she originally wanted to buy the subject Parcel A to keep it as a vacant lot and use as a neighborhood park area. Ms. Smith ~as'shown Exhibits i and 2. Joel Dokken had no comments. Chairman Reese closed public heariDq at 10:11 p.m. Planning Commission Meeting October 10, 1988 MOTION made by Sm/th, seconded by Meyer to approve the vaca- tion according to John Cameron,s recommendation. Motion carried 7 in favor, 1 opposed (in .favor: Re·se, Thal, Michael, Smith, Anderson, Sohns, and Jensen; opposed: Meyer). 4.b. Case No. 88-728: MINOR SUBDIVISION. Recommendation by City planner, Mark Koeqler: staff recommends to approve the m~nor subdivision subject to the following conditions: 1. Driveway access for Parcel A shall be from-Avon Drive. The applicant shall pay one park dedication fee at the time of b~ilding permit issued for Parcel A. Ail applicable unit charges shall be paid. City Engineer' is to review and approve utility connections for. Parcel A. A 4' rear yard setback variance shall be granted for the ex- isting house on Parcel B. The applicant shall immediately complete a variance application and remit the appropriate fee. The applicant is,to prepare and submit a new certificate of survey subject to the vacation access approval by the City. Council'· MOTION made by Smith, seconded by Anderson to approve the staff recommendation. Motion.¢arrie~ 7 in favor, I opposed (in favor: Re·se, Thal, Michael, Smith, Anderson, Sohns, and Jensen; opposed: Meyer). CaSe will be heard by the City Council October 25, 1988. The Commission informed Ms. Smith that if the vacation is ap- proved by ~he council her garage will become conforming. 10 / DRIVE · Denotes iron monument BEARINGS eHOWN ARE A~UMED GENERAL NOTE~ · Denotes Iron monument x935.5 Denotes existing spot elevation ~ Denotel proposed spot elevation )" Denotes sanitary sewer ,-- Denotes watermaln ~ Denotes oonlferous tre· ~ Denotes da¢iduoua tree --oF-- Denotes overhead power Iinea Solid contour linea denotea existing featuraa ~_RQ~'OSED PROPERTy DIVI$IONDKS~RIPT,,IONG: All Of Lots 8 and 9 , and ~hat part. of Lo~ 10, Block 4, SHIRLEY HILL~ UNIT B, according to the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly of ~he following described line; ~om~enctng a% the southwesterly corz,er of said Lot 10; ~hence ,~or~heasterly along ~ho northwest,:rly line ,.,f 16.67 fee% ~o %he potn~ of beg~nning of %he l~ne to be described; Lhence cou%hea~%erly, deflecting %o th~ right fro~ said nor~hwes~erl~ l t~e, au angle of 90 degrees ~,6.00 feet; thence ~ou%heas%erly, deflecting [a~ described line an angle of 12 degrees 55 minu~es 20 ~econds a distance of 50.35 feet more or less %o %he southeasterly l~ne of sa~d ~,~% 10 and ~ald l~ne ~here terminating. All of'Lots 11 and 12, and 'Chat par% of Lo~ 10, Block 4, SHIRLEY HILLS UNIT B,' according ~o the 'recorded plat ~hereof, Hennepl~ County, Minnesota, lying sou~hwe~terly~ of the following described line; (~ommencing aL the southwesterly corner of said Lot 10; thence n,:r~heasterly along ~he northwesterly line of said Lot 10 a distance ~.,f 16.67 feet ~ the point of begi~nlag of ~he line ~o be described; ~.i~unc~ ~ouchea~urly, deflecting to ~he right from ~ald northwesterly ~Jl~e, hfl angle of 90 degrees 07 minuLes 10 seconds for a dl~ance of h6.()0'l'eut; thence southeasterly, deflecting, to Lhe right from the l.~L de~uribud t/ne an angle of 12 degree~ 5~ m~nu~es ~O seuonds a d~utm~ce of 50.35 fee~ more or les~ to the southeasterly lt~e of ~aid ~o~ ~0 and said line ~hure ~ermlna%lng. ~.EAS: PROPOSED PARCEL A - 10,000 square feet PItOPO..qED P^Rt:EL B - 12,099 .~quar,~. fee% III I Proposed Resolution Case No. 88-73'0 RESOLUTION 88- RESOLUTION GRANTING A VARIANCE FOR THE 'AFTER THE FACT' CONSTRUCTION OF A PARKING LOT WITHIN THE FIVE FOOT SETBACK REQUIRED UNDER SECTION 23.716.1{4) OF THE MOUND ZONING CODE FOR AN APARTMENT BUILDING LOCATED AT 2017 COMMERCE BOULEVARD, PID~ 14-117-24-14-0038. WHEREAS, the applicant has applied for a five foot variance to recognize a zero {0) foot setback for the construction of a parking lo~ located at 2017 Commerce Boulevard, PID~ 14-117-24-14-0038; and, WHEREAS, the subject property is required to observe a five (5) foot setback for all bituminous parking areas from adjacent properties; and, WHEREAS, the applicant illegally constructed a bituminous parking area With a zero (0) foot setback resulting in a five (5) foot variance; and, WHEREAS, this matter was reviewed in litigation before Judge David M. Dully of the Fourth Judicial District Court of the State of Minnesota after which Judge Dully stated, "With respect to the Buysse case, this is the type of case which, I believe, should be resolved short of a' jury trial with all its attendant expenses ". and, ,, WHEREAS., in accordance with the actions of the Court, the City of Mound and..the applicant have reached a reasonable compromise that permits .~he parking improvement to remain; and WHEREAS, this case and the granting of the variance in no way establishes, precedent for any future similar actions; and, WHEREASj the Planning Commission has reviewed the request and does recommend approval of the variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hound, Minnesota, that the variance is hereby approved subject to the following conditions: The.applicant.shall erect a wooden bumper height barrier along the northern 6dge of the bituminous paving within the limits of Mr. Buysse's property. The barrier shall contain a minimum post dimension of 6" by 6" and shall be designed to prohibit the plowing of snow-onto the adjac~ent property. Plans for the barrier shall be approved by the Building Official prior to installation. owner shall place signage along the north side of the building restricting all parking to resident use only and compact vehicles only. The If desired by the adjacent land owner to the north, Mr. Buysse ~ shall install a row of Pyramidal Arborvitae (Thuja Occidentalis "Pyramidalis") along the bumper fence on the adjacent land owners property. Minimum plant size at installation shall be five (5) feet in height. If plantings are desired by the neighbor, a planting plan shall be submitted to the City Planner for review within 60 days of City Council approval of the-variance and plant materials shall be installed by June 1, 1988. All plant'materials shall carry a one year full replacement and planting warranty. Proof of warranty shall be filed with the City of Mound. '4. ~ Striping of the parking area shall be expressly prohibited with the exception of exclusionary striping in the drive aisle area. Adopted this 28th day of November, 1988. CITY COUNCIL OF THE CITY OF MOUND ATTEST: 'BY Mayor City Clerk HEHORANDUH TO: planning Commission and Staff FROH: Mark Koegler, City Planner DATE: November 7, 1988 SUBJECT: Variance Request At the Planning Commission on October 10, 1988, the Commission tabled action on the Buysse variance request pending receipt of a scaled plan which "will show parking lot layouts conforming to City ordinances with the exception that stall size can be 9' x 18'" Mr. Buysse has submitted a plan (Exhibit A) which shows t~e existing striping pattern. The plan, however, does not represent an 'acceptable design under normal site design standards. Pertaining to the design of parking lots, the Zoning Code requires that access drives not exceed 22 feet in width at the point of intersection with streets. Additionally, the Code requires a stall size of 10' x 20' which has been modified by the Planning Commission in this case. Additional review criteria applied to parking lots comes from normal site design standards from organizations such as the Institute of Traffic Engineers (ITE). Mr. Buysse's site plan shows a total of 10 parking stalls, three at 90 degrees and 7 at approximately 60 degrees. Angle parking at 60 degrees.with 9 foot wide spaces requires a total minimum width of 37 feet, 20 feet for parking stalls and 17 feet for the aiSle driveway. All angle parking assumes one way driveway circulation which is contrary to the "back out" exiting shown on the Buysse plan~ According to the plan, only 28 feet of property exists from the east wall of the apartment building to the property line. Utilizing normal design standards, it is possible to install parking with a total width of 28 feet. In order to do so, however, parking must be installed at a 30 degree angle rather than the 60 degree parking shown on Exhibit A. 3030 Harbor Lane North Bldg.ll, Suite 104 Minneapolis, MN. 55447-2175 612/553-1950 Exhibit B shows a parking layout which meets normal design standards. The three 90 degree spaces on the north end are conforming to the 9' x 18' revised space size and adequate maneuvering room is shown to allow access to all three stalls. Along the building, however, 30 degree angle stalls result in the creation of only 2 parking spaces in lieu of the 7 shown on Mr. Buysse's plan. The previous information has identified that Mr. Buysse's plan does not meet normal design criteria for parking lot design. If the City determines that the application of normal standards should prevail, the exiSting lot should be repainted to reflect a total of 5 spaces (Exhibit B) instead of 10 spaces (Exhibit A). RECEIVED'OCT 1. 8'i988 ,,2.o~,/.~ 2009 Commerce 3 2 4 5 1 I I Exhibit B (Prepared by Staff) Scale: 1" - 16' N~:~ Property Line~k' ., , COPY TO MARK KOEGLER 9-20-8'8 ~se No. 88.-730 : ~"" SEJ0 I 6 I.c~8 ~. ' CITY OF MOUND Fee ' ' '~ ~ '~ %::'. APPLICATION TO PLANNING ~ ZONING COmmISSION (Please type the follow~n9 ~nfor~tlon) 1. Street Address of Property ~C~ ~~ ~ / "- , 2, Legal ~scrlptlon of Property: Lo~ flOf~ ~% ~.f. +~er~ · Block ~nnl leant' (if other th~n o~n~r) ~ Name ~' Day Phone .No. Address .. Type of Request: ( If.0ther., specify: Present Zoning District Existing Use(s) of Property ~arlance ( Zoning Interpretation ~ Review Wetland Permit ( ) P.U.D. ) Conditional Use Permit ( ') Amendment ( ) Sign Permit ( )*Other Has an appllcation ever been made for zoning, variance, or condltional use permit or other zoning procedure for this property? ~~_. / If so, list date(s) of list date(s) of application, action taken an~ R~ovide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all' of the above statements and th~ 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 Hound for the, purpose of inspecting, or of posting, maintaining and removing such notices as may be req~ired.b~law. Signature of Applicant - / Date... Plannlng Commission Recommendation: To h~ve no $±ripin~, ~×cep~ for the exclusionary striping ~long th~ no~th side of the p~rking Jot, ~nd ~pprov~ ~t~ff r~commend~tion including conditions. Date 11-14-88 Council Action: Resolution No. Date CITY of MOUND October 1~, 1988 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Frank Buysee 3534 Ivy Place Wayzata, MN 55391 Dear Mr. Buysee: The.purpose of my letter is to inform you of the action taken by the City of Mound Planning Commission at their meeting held October 10, 1988. Enclosed are the section of the minutes that deal with your application for a variance and parking lot setback. Please note that the final motion indicates that the case has be~n tabled until you can provide a plan that will be a scale drawing of the area and will shoW the parking lot design. I..su.ggest that you contact Jan Bertrand, Building Inspector or Mark-Koegler, City .- Planne~', as soon as possible. Mr. Koegler can be reached at 553-1950. If you have any questions, please call either Jan or Mark. Sincerel',, City Ma'n~ger,. CC: Ja.n Bertrand, Building Inspector Mark Koegler, City Planner ES:is MINUTES OF THE MOUND AOVISORY PLANNING COMMISSION MEETING NOVEMBER 1~, 198~ BOARD OF APPEALS ...... 1. Case No. 88-730: 2009 and 2017 Commerce Boulevard? Frank Buy%se; Mound Shores, that part of Lots llB, 114~ 115 !yfn~ south of north 178 Feet thereof, PID #14-117-24-14-0038[ VARI6NCE.~. pARKING LOT SETBACK, Applicant, Frank Buysse was present. Recommendation by City Planner, Mark Koeqler This case was. tabled at the Planning Commission meeting on Oc- tober 10, 1988, -until the applicant could submit a scaled drawing of the area which will show parking lot layouts conforming to City ordinances with the exception that stall size can be 9' x 18'.- Mr.' Bbysse submitted a-plan which shows the existing striping pattern. The plan, howev~r,.does not represent an ac- ceptable design under normal site design standards. Considering the width oF the parking 1or, 28 Feet, parking must be Installed at a 30 degree angle rather than the 60 degree park, lng shown on Mr. Buysse's plan. The Planner presented a plan whiCh meets normal design standards. The three 90 degree spaces on the north end are conforming to the 9' x 18' revised space size and adjacent maneuvering room is .shown to allow access to all three stalls. Along the building, however, 30 degree angle · stalls result In the creation of only 2 parking spaces tn lieu of the 7 shown on Mr. Buysse's plan. Mr. Buysse's plan does not meet normal design criteria For park- ing lot design. IF the City determines that the application of normal standards should prevail, the existing lot should be repatnted to reflect a total of 5 spaces instead of i0 spaces. Discussion= Members of the Commission shared their experiences in attempting to park 'In. the stalls as they'exist. It was determined that it was difficult to maneuver in and out of the spots without driVing on the neighbors property. Mr. ~uysse stated to the Commission there have been no complaints by neighbors or tenants, and there have not been any accidents. Mr. BuysSe would like to keep as many stalls as possible, he is willing to compromise and change the 'existing 7 stalls on the south side to 5 stalls, but would not accept the suggested 2 stalls. Mr. Buysse presented pictures which sh'owed cars parked within the existing striping. Sohns commented that .the pictures did not show three cars parked next to each other,'and he did not think the' car' in the middle of the' three would be able to back out without much difficulty. Planning Commission Meeting November 14, 1988 Chat.rman Reese suggested the striping be removed, from the parking lot. The City Planner confirmed that striping is not required by the City. .The Commission discussed limiting the number of cars allowed to park in the lot, a number could not be agreed upon. MOTION made by Thai, seconded by Michael to have no strip- ing, except for the exclusionary striping along the north Side of the parking lot, and approve staff recommendation as follows: 1. The owner shall erect a wooden bumper height barrier along the northern edge of the bituminous paving within the limits of Hr, Buysse's property. The barrier shall contain a minimum post dimension of 6" x 6" and plans For the barrier shall be approved by the Butlding OFFI- cial prior to installation. Z. The o~ner shall place slgnage along or on the north side of the building Indicating that spaces 4 through · lO as shown on the applicants site plan are restricted to compact vehicles only and shall be Further restrl.cted to resident parking only. If desired by the adjacent land owner'to the north, Hr. Buysse shall .tnsta11 a row of Pyramidal Arborvitae (ThuJa Occfdentsalfs "Pyramtdalls") along the bumper Fence on the adjacent land owner's property. IF ap- plicable, a planting plan shall be submitted to the City Planner For review within 30 days of City Counctl approval of.'the variance and plan the materials shall be installed by June I, t989. All plant materfals shal'1 carry a one year warranty and shall be replaced by Hr. Buysse during the warranty period tf needed. ,Motion carried Five in favor (Reese, Thal, Michael:, Jensen, Sohns), three opposed (Smith, Meyer, Andersen). Case will appear before the City Council on Noven~er 29, MINUTES OF THE MoUND'ADVISORY PI2kNNIN~ OOI(I~T~SIONM~ETING OCT0~K 10t 1~88 BOARD OF APPEALS Case No. 88-730: 2009 and 2017 Commerce Boulevard, Frank Buysse;'Mound Shores, that part of Lots 113, 114, 115 lying south of north 178 feet. thereof, PID %14-117-24-14-0038; VARIANCE; PARKING LOT SETBACK· ' Applicant, Frank Buysse was not present. Recommendation by CSty Planner, Mark Koeq~er: This case is in litigation, and the City Planner was informed by the 'attorney,s office there are three steps; 1) an arraignment, 2) pbetrial conference, and 3) the actual trial. This particular item got to the second stage of a'pretrial conference. There was an intent by Mr. Buysse to plead guilty, and the judge has taken this under advisement, which means there has not been action on this case. If the City grants a variance it will be the end of the case, if the City does not grant the variance, the attorney's office feels the judge will reject the guilty plea and make it go to trial. Mr. Buysse has until November 15th to get the variance approved. Mr. Buysse has submitted a plan showing 10 parking spaces, each space is the size of a compact parking space. The proposed spaces do not meet the City of Mound parking standards. There was a recommendation to approve the variance in January 1988 based upon the premise that parking was lost as a result of' the .improvements that took place on Commerce. Mr. Buysse was paid $22,000 in damages by the County at that time for the taking. We can not prove if parking was lost aue to the Commerce expansion. The Staff Recommendation is for approval of the variance subject to the following three conditions: 1. The .owner shall erect a wooden bumper height barrier along the northern edge of the bituminous paving within the limits of' Mr. Buysse's property. The barrier shall contain a minimum post dimension of 6" by 6" and plans for the barrier shall be approved by.the Building Official prior to installation. 2. ·The owner shall place signage along or on the north side of the building indicating that spaces 4 through 10 as shown on the applicants site plan are restricted to compact vehicles only and shall be further restricted to resident parking only. 3. If desired by the adjacent land owner to the north, Mr. Buysse shall install a row of Pyramidal Arborvitae (Thuja Oc- cidentsalis "Pyramidalis") along the bumper fence on the adjacent land owner's property. If applicable, a planting plan shall be Planning-Commission Meeting October 10, 1988 submitted to the City Planner for review within 30 days of City Council a~proval of the variance and plan the materials shall be installed by June 1, 1989. All plant materials shall carry a one year warranty and shall be replaced by Mr. Buysse during the war- ranty period if needed. Discussion: It was determined the legal definition for "compact car" is unknown. Chairman Reese reviewed some concerns the neighbors-had in January 1988 of snow causing consequential run-off/flooding, noise, and car fumes. The City Planner did not have an answer for the. noise and fumes, however the bumper barrier would preclude snow being pushed off of'Mr. Buysse's property, the snow will have to be trucked out if it is extensive.' R~stricting the amount of parking spaces allowed due to the ele- ment of safety, and the size of the spaces was discussed. The option to table the case until Mr. Buysse submits a more ap- propriate drawing, or to make a decision for him since he did not appear was considered. The number of spaces allowed can be determined with architectural standards. 'MOTION made by Anderson, seconded by Sohns to approve the 5' variance subject to compliance with Staff Recommendation items I and 3, and subject to striping being in conformance with architectural standards. Discussion: concern was expressed that if under-sized parking is going tO be accepted, it should be stated in the motion. The compact parking space size allowed in St. Louis Park is 8' x 15', and can be 30% of .gross parking area which is what Mr. 'Buysse's plan follows. Allowing parking sp~ces to be 9' x 18' was considered. Anderson and Sohns moved to WITHDRAW their previous motion. ,' MOTION made by Anderson, seconded by. Sohns to table the case until such time that the applicant prepares a plan and brings it back for further review, the plan will be a scale drawing'of the area which will show parking lot layouts con- forming, to City ordinances with the exception that stall size can be 9' x 18'. Motion carried unanlmousl¥. MOl SHORES °°% ............ PROPOSED RESOLUTION Case No. 88-736 RESOLUTION NO. 88- RESOLUTION TO RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT ?, BLOCK 6, SHIRLEY HILLS UNIT "B"; P.I.D. NO. 24-117-24-12 0041 (2539 EMERALD DRIVE) P & Z CASE NO. 88-736 WHEREAS, the applicant has applied for a variance to recog- nize exlsttng nonconforming setbacks of Z4.2 feet to Emerald Drive and 21.9 feet to the unimproved 10' alley way for the prin- cipal Duildlng, a 4.3' setback for the accessory building and an under sized lot of 6,500 square feet +/- to allow structural repairs to a nonconforming 600 square foot dwelling on Lot BIfck 6, Shirley Hills Unit "B"; P.I.D. No. Z4-]IT-Z4-1Z 004]; and WHEREAS, the subject property is located in an R-I Single Family Zoning district, whtch according to the City Code requires a 30' front yard abutting the street 'front, and a 20' street front setback for the accessory building, and a lO,O00 square foot 1'or size, and a minimum 840 square foot dwelltng floor area, and WHEREAS, Section 23.404, Subdivision (8) provides that al- terations may be made to a building containing a lawful noncon- forming residential unit when the alteration will improve the Iivablltty thereof, but the alteration may not Increase the num- ber of units, and WHEREAS, the Planning Commission has reviewed the request' and does recommend approval with modifications to the applica- tion. NOW, THEREFORE, BE IT RESOLVED by the City Council, the City of Mound, as follows: That the City does hereby authorize the existing non- conforming principal structure setback to the street frontage at 2539 Emerald Drive, P.I.D. No. 24-117-24-I2 004l with a 24.2' and a 21.9' setback to the street fronts for the principal building, a 4.3' setback to the street front for the accessory building, and a 600 square foot dwelling size. e The City ~ounctl authorizes the' existing structural setback and lot area violation and authorizes the addl- tion setforth below pursuant to Section 23.404, Sub PROPOSED RESOLUTION Case No. 88-736 division (Bi with the clear and express understanding that the use remains as a lawful nonconforming use sub- Ject to ali of the provisions and restrictions of 5ec- tlon Z3.404. It is determined that the livabtlity of the residential unit will be Improved by authorizing the following al- terations to a nonconforming use property to afford the owner reasonable use of the parcel: to raise the house approximately 24" above the present basement top of block, install new roof ~russes, and remodel the inte- rior of the structure to be brought up to the minimum current building code standards. Upon the conditions as Follows: be No building permit will be issued unttl the ap- plicant submits proof of ownership for Lots 7 and 6, Block 6, Shirley Hills Unit "B" to bring the lot area to 11,600 square feet +/-, ~LJJi;~'~,~tL~.~ The nonconforming accessory building will be removed or relocated with conforming setbacks to the property lines. The applicant may continue to add onto the struc- ture with a future addition upon the condition that the addition meet all current zoning or- dinance requirements within one year of this variance approval. d. This var, lance is granted For the Following legally described property: Lot 6 and ?, Block 6, Shirley Hills Unit "B"; P.I.D. No. 24-II?-Z4-IZ 004I. This vartance shall be recorded with the County Re- corder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statutes, Section 462.3595, Subdivision (4). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility for ffl, tng this resolution with Hennepln County and paying all costs for such recording. The building structure shall not be occupied until proof of recording has been Filed with the City Clerk. 2 CITY of MOUN'D 5341 MAYWOOD ROAD MOUND MINNESOTA 55364 (612) 472-1155 Case No. 88-736 TO: Applicant and Staff FROM: Jan Bertrand, Building Officja~,/~iz~ DATE: Planning Commission Agenda of November 14, 1988 CA~E NO.: 88-736 APPLICANT: Donald R. Bonnicksen LOCATION: 2539 Emerald Drive LEGAL.DESCRIPTION: Lot 7, Block 6, Shirley Hills Unit "B"; PID No. 24-117-24-12 0041 SUBJECT: Front Yard Setback Variances EXISTING ZONING: R-I Single Family Residential PROPOSAL: You are familiar with the request of Donald Bonnicksen who is applying for a front yard setback variance to allow struC- tural repairs to a nonconforming 600 square foot dwelling on an undersized 6,500 square foot +/- lot with a nonconforming front yard setback for the accessory building off of Ruby Lane. COMMENTS: The R-I zoning district requires a 30 foot front yard setback to the street right-of-way. Lot 7 fronts on Emerald Drive and Ruby Lane, which are improved right-of-ways, and an unimproved lane 10 feet wide to the southwest. A front yard set- back is. required by zoning code on the three setback areas. However, an accessory building may be set 8 feet from the property line with the doors Facing the side property line, or 20 Feet From the right-of-way with the doors facing Ruby Lane. The appl. icant is requesting a 8.1' variance From the unimproved lane access to the southwest and a 5.8' variance to Emerald Drive. The long term plans of the applicant are the acquisition of lot 6 From the Hennepin County Tax Forfeit Division which would have a conforming 11,600 +/- square Foot parcel. He has plans drawn to add on a 24' x 38' split level addition with conforming setbacks to the lot lines. However, at this time with his current request, he would like to raise the existing house 24" on the An equal opportumty EmDIoyer that does not diSCr~mmr ~' on tr]e basis of race Co!or national ongm or iqand~capped status,n theadmls%c~n or access to or treatment or employment m ~ts programs and activities CASE NO. 88-736 present basement, install new roof truss rafters and remodel the interior oF the structure· The setback of the structure from the curb oF Emerald Drive is approximately 35 Feet to the curb line as the right-of-way has not been paved the Full width. RECOMMENDATION: The present condition of the structure and the remodeling being requested should be considered on this variance request· The current valuation of the building appraised for the 1988 taxes is $31,400 for the building. With the remodeling being considered, and the future'addition and combination of lots, the value of the building will be greatly increased and the tax parcel. At this time, the applicant is not requesting bring- ing this structure to minimum square footage of the zoning code. However, he has stated that his intent is to make' the parcel con- forming by the purchase of lot 6. When granting a variance, the criteria listed in Section 23.506.1 should be reviewed by the Planning Commission. If the variance is determined to be the minimum variance which would alleviate a hardship to the property owner, the following would be conditions for variance approval: NO building permit would be issued until the applicant would submit proof of ownership for lot ? and lot 6, block 6, Shirley Hills Unit "B". The entire structure would be brought to minimum current building code standards. The nonconforming accessory building would be removed or relocated with co~forming setbacks to the property lines. The appl'icant may continue to add onto the structure with a Future addition upon the'condition that the addition meet all current zoning ordinance requirements. The abutting neighbors have been notified. Assessment records and plat map enclosed. CITY OF MOUND APPLICATION TO PLANNING & ZONING COMMISSION (Pleas. e type the following information) 2. Legal Description of Property: Lot 7 Addition ~..~'~/cf ~l~l,%' i/f,~i~ '~Z)' 3. ~ner's Name ~ ~ _~;c~o~ Address ~~~~~ ~ Street Address of PrOperty Date Filed /~/Z~//~'/ Block~ Day Phone No. ,,S~-~_~V ~;~. ?f~fCF' .... A. Appllcant' (if other than owner): Name Day Phone No. Address Type of Request: ~ Variance ( ) Conditional Use Permit (. ') Amendment ( ) Zoning Interpretation & Review ( ) Sign Permit ( ) Wetland Permit ( ) P.U.D. ( )*Other *If other.'., Specify: .. . Has an application ever been made for zoning, variance, or conditional use permi~ or o~her zoning procedure for this proper~y? ~0 If so, lis~ date(s) of 'llst da~e(s) of application, action ~aken an~ provide Eesolu=ion Copies of previous resolutions shall accompany present request. I certify that all of the above statements and th& statements contained in a.qy required papers or plans to be submitted herewith are true and accurate. ! consent to the entry in or upon the pr~mises described in this applicatlon by any authorized official of the City of Mound for [he purpose of inspecting, or of posting, maintaining and removing such notices as may be 'required by law. - Planning Commission R~commendat~on: To approve ~he 8.1' variance from the unimproved Ruby Lane access ±o ~he southwest, and a 5.8' variance to Emerald Drive, per the s±aff recommenda±ion. Date 1 1-14-c Counci 1 Action: Resolut. ion No. Request for Zon!.ng Varlance Procedure. D. E. F. Case Location of:' Signs, easementst underground utllltie$) et~, Indicate North compass direction Any addltlonal Information as may reasonably be required by the City Staff. and appllcable Sections .of the Zoning Ordinance. ! I1'. ,Request for a .A. Zonln~ Variance A11.lnformation below, a slte plan, as described In Part II, and general appllcatlon must'be provided before a hearing will be scheduled. Does the present use of the property'conform to all use reg~lations for the zone district In which It Is located? Yes ( ) No (~). If I!no", specify each n~n-conforml.ng use: C. Do the exlstlng structures comply with'all area height and bulk regulations for the zone district In which It Is.located? Yes ( ) No' (/) If "no' specify each non-conforming use: , D, .Which unique physical characterlstlcs of the sub~ect property ~revent Its reasonable use for any of the uses.permitted In that zoning dlstrlct? (~.~ .Too narro~ (.) Topography ( ) Soil ( Too. sma1] ( ) Drainage. ( ) Sub-surface ( ). Too shallo~ ' ( ).'Shape ( ) Other: Specify: E. Was the hardship d~scrlbed above created by the action o~ anyone having property Ipterests In the land after the Zoning Ordinance was adopted? Yes ( ) No (~--') If yes, explaln: Fe Was the hardship created by'any'other man-made change, such as the reloca- tion of a road? Yes ( ) No (~-'-) 'If yes, explain: G. Are the conditions of hardship for which you request a variance peculiar .only to the property described In this pe:Itlon? Yes ( ) No ( ) If no, ho, many other properties are similarly affected? ~al; Is the "minimum" modlflcatlon (variance) from the area-bulk regulations ~that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation. Attach additional sheets, If necessary.) !. Will granting of the variance be m~terlally detrimental to property In the same zone, or to the enforcement of this ordinance? Certificate of Survey .flor Bonnicksen Builders of Lots 6"and.7, Block 6, SHIRLEY HILLS UNIT :. ~Hennepin County, Minnesota I hereby certify that this is a true the boundaries of Lots 6 and 7, Block 6, SHIRLEY HILLS UNIT B, and the location of any existing buiidin§s thereon. It does not purport to show any other improve<, ments or encroachments. and correct Scale : l" = 30' Date : 6-20-88 o : Iron marker ~ib'COFFIN & GRONBERG,~',~NC. ~ 'Mark'S. Gronberg Lic. No. 12755 Engineers, Land Surveyors and Planners Long Lake, Minnesota I.I.,ow I I Planning Commission Meeting NovemDer 14, 1988 Case No. 88-736: 2539 Emerald Drive, Donald R. Bonnicksen; Shirley Hills Unit "B"~ Lot 7~ Block 6~ PID #24-i17-24-i2. 0041: VARIANCE: FRONT YARD SETBACK. Owner, Donald Bonnicksen was present. Recommendation by Building Official, Jan Bertrand: This case was tabled at the Planning Commission Workshop of Oc- tober 24th so the Commission would have proper time to review the case. The applicant is requesting a 8.1' variance from the unimproved Ruby Lane access to the southwest, and a 5.8' variance to Emerald Drive. Approval would allow structural repairs to a non.conforming 600 square foot dwelling on an undersized 6,500 square foot +/- lot, with a noncOnforming front Yard setback for the accessory building off of Ruby Lane. The long term plans of the. applicant are the acquisition of lot 6 which would make the parcel conforming, and to add on a 24' x 38' split level addition with conforming setbacks to the lot lines· At. this time, the applicant is not requesting bringing this structure to minimum square footage of the zoning code· However, he has stated that his intent is to make the parcel conforming by .the purchase of lot 6. When granting a variance, the criteria listed in Section 23.506.1 should be reviewed by the Planning Commission· If the variance is detePmined to be the minimum variance which would alleviate a hardship to the property owner, the following would be conditions for variance approval: No building permit,,would be issued until the applicant would submit proof of ownership for lot ? and lot 6, block 6, Shirley Hills Unit "B". The entire structure would be brought to minimum current buit'ding code standards· The nonconforming accessory building would be removed or relocated with conforming setbacks to the property lines. The applicant may continue to add onto the structure with a Future addition upon the condition that the addition meet all current zoning ordinance requirements. Planning Commission Meeting November 14, 1988 Discussion: Mr. Bonnfcksen informed the Commission there will be no problem with purchasing lot 6, he is waiting to see the decision of the City Council. The Building inspector added that the building permit will not be issued until he has a signed purchase agree- ment.. Mr. Bonnfcksen informed the Commission he has read the conditions on the Building Inspector's recommendation and has no problems with them, in fact he is. planning on removing the old garage, but would like to keep it ~or storage purposes until the new garage is built. MrS' Matachek, an abutting neighbor, was present and wanted to recommend to Mr. Bonnicksen to Face his garage to Emerald Drive. Mr. Bonnicksen's plans presently 'have the garage Facing Emerald DPive. MOTION made by Sohns, seconded by Meyer, to approve the 8.1' variance From the unimproved Ruby Lane access to the south- west, and a 5.8' variance to Emerald Drive, with the follow- ing conditions: 1. .No building permit would be Issued until the applicant would submit proof oE ownership for lOt 7 and lot 6, block 6, Shirley Hills Unit "B".- The entire structure would be brought to minimum current buildlng code standards. The nonconforming accessory building would be removed or relocated'with conforming setbacks to the property lines. The applicant may continue to add onto the structure with a Future addition upon the condition that the addition meet all current zoning ordinance requirements. Motion carried unanimously. Case wil.l 'appear before the City Council on November zg, I988o Planning Commission Workshop October 24, [988 BOARD OF APPEALS: Case No. 88-736: 2539 Emerald Drive, Donald R. Bonntcksen, Shirley Hills Unit B, Block 6, Lot 7, PID #24-tt7-24-[2 004[; VARIANCE. Building OFFicial, Jan Bertrand reported that this application was received today (October 24, 1988), however the applicant would' like the Commission to review the case and make a decision if possible. The Building OFFicial informed the Commission that Mr. Bonnicksen presently owns only flot 7, but plans on purchasing lot 6 if the Commission will grant the requested variances. Mr." Bonnicksen's plans are to raise the house 24" up From the present basement, install new roof trusses, and remodel the house. Following are existing problems: l) House is undersized, presently 20' x 30' =. 600 square feet, the required minimum floor area is 840 square feet. 2) Eot 7 is undersized FOr R-I zoning district, approximately 6,350 square Feet. Existing garage is non-conforming, presently 4.3' from Ruby Lane. .. 4) House needs a 5.8' and 8.]' variance in the front yards, presently the. structure is 24.2' from Emerald Drive and 21.9' from the unimproved alley. Mr. Bonnicksen plans on purchasing lot 6 increasing the lot size to approximately 11,600 square. Feet which would create a conform- ing lot, amd enlarge the house to approximately 2,200 square feet which would make the house size conforming· Discussion: Mr. Bon6tcksen was addressed bY the Commission. Mr. Bonnicksen explained he has already gutted the house, is presently homeless, and would like to start work as Soon as possible. The Building Inspector inf. ormed the Commission that Mr. Bonnicksen did not have a builOing permit to gut the house. Hr. Bonnicksen presented building plans to the Commission, and the quality of the existing structure was discussed. The Commis- sion agreed it would be an improvement to the area. Planning Commission Workshop October 24, i988 Mr. Bonnfcksen stated he has to pay $6,000 in cash for lot 6 and wanted to be sure the Commission would approve the variances before he purchased the lot. The Commission expressed to Hr. Bonnicksen they would like to see a signed purchase agreement contingent upon the Planning Commission and City Council approval of the variances. The Commission discussed placing a contingency in the motion for Mr. Bonnicksen to purchase and comDine lot 6. MOTION made by Smith, seconded by Thal to grant the house size variance, and the 5.8' and B.]' setback variances con- tingent upon Mr. Bonnfcksen bQying lot G, combining lots G and 7, and removing the existing garage. Discussion= It was determined that the motion .cannot include a time limit for the house to be expanded to a conforming size. Mr. Bonnicksen expressed he would like to keep the garage for storage until the house is completed. The Commission informed him they do not have control for building a conforming size house, so removtng the garage could ensure this. MOTION made by Sohns, seconded by Netland to table the case until the nex~ meeting so the Planntng Commission can review with proper notification and information. Motion carried unanimously. DISCUSSION INFORMATIONAl_ l. Shoreland Management Ordinance City Plapner, Mark Koegler presented a copy of a state approved Shoreland Management Regulations for the City of Prior Lake, and recommended the Commission use this as a vehicle to continue our investigation Into an appropriate.ordinance for the City of Mound. The City Planner proceeded to rev'{ew the Prior Lake Ordinance and pointed out some areas where Mound's ordinance and this one would be similar, such as on page'9, (Bi SUBSTANDARD LOTS and pages 2Z & Z3, iA) ZONING PROV[SIONS. It was decided the Planning Commission w0uld work as a whole group on this Ordinance, and should work off of the Prior Lake draft. 3 UNIT D PARt T ~ EMEf ~196 N K A PROPOSED RESOLUTION Case No. 88-737 RESOLUTION NO. 88- RESOLUTION TO RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT 2, BLOCK 12, 5HADYWOOD POINT; P.I.D. NO. 18-117-23-23 0061 (1871 SHOREWOOD LANE); P & Z CASE NO. 88-737 WHEREAS, the applicant is proposing to construct a 26' x 30' addition to the southeast portion of his existing dwelling for Lot 2, Block 12, Shadywood Point; P.I.D. No. 18-117-23-23 0061; and WHEREAS, the subject property is located within the R-I Single Family zoning district, which according to the City Code requires a 50' setback to lakeshore ordinary high water eleva- tion, 10' side yard setback, and a 30' front yard setback, acces- sory building setback of 20' to th~ front property line and 4' to the side property line, WHEREAS, Section 23.404, SubdivisiOn (8) provides that al- terations may be made to a building containing a lawful noncon- forming residential unit when the alteration will improve the livability thereof, but the alteration may not increase the num- ber of units, WHEREAS, the Planning Commission has reviewed the request and does recommend approval of the application. NOW, THEREFORE, BE IT RESOLVED, by the City Council, of the City of Mound, Minnesota, as follows: That the City does hereby authorize the existing non£ conforming principal structure setback and accessory building setback at I871Shorewood Lane; P.I.D. No. 18- ll7-23-23 0061 with a 3.3' side yard setback of the principal building and a 6.1' Front yard setback to the accessory building. The 'City Council authorizes the existing structural setback violation and .authorizes the alteration set forth below, pursuant to Section 23.404, Subdivision (8) .with a clear and express understanding that the use remains as ~ lawful, nonconforming use subject to all of the provisions and restrictions of Section 23.404. PROPOSED RESOLUTION Case No. 88-737 It is determined that the livabil ity of the residential unit will be aPProved by authorizing the Following al- terations to a nonconforming use property to afford the owner reasonable use of the parcel: The addition of a 26' x 30' to the southeast por- tion of the existing dwelling will be ap- proximately 14' to the side property line, at or above the minimum Flood plain elevation of 933.5 n.g.v.d., and exceed the 50' minimum lakeshore setback above 929.5 N.G.V.D. Upon the Further Following condition that the ex- isting survey be updated prior to'building permit issuance to indicate the proposed addition and setbacks to the lot lines after a portion of the street was vacated as well as assurance no drainage problems have been in existence at the northwest property line along the 3.3' existtng principal structure setback. This variance is granted For the Following legal ly described property: Lot 2, Block I2, Shadywood Point P.I.D. No. 18-117-23-23 0061 This variance, shall be recorded with the County Re- corder or the Registrar of Titles in Hennepin County pursuant to M'innesota State Statute, Section 462.3595, Subdivision (4). ThiS shall be considered a restriction on how this property may be used· The property owner shall have the responsibility of Fi. ling this resolution with Hennepin County and paying all costs For such recording. The building permit will not be issued until proof recording has been Filed with the City Clerk. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 CASE NO. 88-737 TO: ApDI icant and Staff FROM: Jan Bertrand, Bu.i iding OFFiet DATE: Plannlnc~ Commission Agenda of ~[ovember 14, 1988 CASE NO.: 88-737 APPLICANT: Bradley Thomas Blazevic LOCATION: 1871Shorewood Lane LEGAL.DESCRIPTION: Lot 2, Block 12, Shadywood Pofntt PID No. 18-117-23-23 0061 SUBJECT: Side Yard Setback Variance EXISTING ZONING: R-I Single Family Res'tdentfal PROPOSAL: The applicant ts proposing to construct a 26' x 30' addition to the southeast portion of his existing dwelling. addition would be approximately 14 Feet to the southeast property line. COMMENTS: The R-I zoning district with a 60' lot width requires a 6' and a 10' side yard setback. The existing Owelltng, From a survey dated September 11, 1970 indicates a 3.3' side yard on the northwest portion of the existing buil cFin~he survey also in- dicates a nonconforming setback to a detached accessory building on the northeast portion of the lot. However, a por. tton of Shorewood Lane was vacated some years ago, and the survey showing a 1, 1' setback to the lot line in inaccurate at this ~ime. The right-of-way width has been reduced to 50 feet. This would give the accessory' building another 5 feet (approximately) to the lot line. The required setback for iakeshore lots is 20' to the front property line for accessory buildings facing the right-of- way. An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs and activities. CASE NO. 88-737 RECOMMENDATION: The staff recommends approval of the variance to recognize existing 3.3' side--~a~Da'cR and the nonconforming 6' +/- setback of the existing accessory building conditioned upon the addition construction being at or above a minimum Flood plain elevation with conforming side yard setbacks of lO' or more, and a conforming lakeshore setback from the ordinary high- water elevation of 50' or greater. The proximity of the 3.3' ex- isting setback shall not create any drainage problems from his property onto adjoining property. The applicant shall submit a curr~nt survey to the inspection department at time of building permit issuance. The abutting neighbors have been notified. Copy of plat map enclosed. ". CITY OF MOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following' information) Street Address of Property Fee Pa id .~--~ D~te Fi led/0-~J~-~P 2. Legal Description of Property: Lot Addition 3. Owner's Name Address / ~ 9 Block Day Phone $4. Applicant (if other than owner): Name , Day Phone No. Address Type of Request: e ()4') Variance ( ) Conditional Use Permit ( ) Amendment ( ) Zoning Interpretatio~ & Review ( ) Sign Permit (') Wetland Permit ( ) P.U.D. ( ~*Other ~resent zoning District'~ l Existing Use(s) of Property Has an application ever been made for zoning, variance, or conditional use permit or other'zonin9 procedure for this Property? Np~+~3mv ~k/l,,~zlf so, list date(s) of list date(s) of application, action taken and provide Resdlution No.(s) Copies of previous resolutions shall accompany present request. 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 applicatlon by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such Signature of AppT{cant ~~ Date/O~~ Planning Commission Recommendation: To approve variance ?o recognize an exisfing 3,3' side yard setback and .~he nonconfdrming 6~ (~) se?back of ~.he existing accessory building per s~aff recommendafion, Ho?ion carried unanimously, Date 11-14-88 Council Action: Resolution No, Date Request for Zo'ni.ng Variance Procedure (2) D. Location of: Signs, easements, underground utilities, etc. £. Ind|cate North compass direction F. Any addltlonal information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. III..Request for a Zoning Variance A. All information below, a site plan, as described in Part II, and general application must be provided before a hearing will be scheduled. B. Does the present use of. the property'conform to eJl use req.ulations for the zone district in which it is located? Yes (~ No(~ .. If "no", specify each non-conforming use: Tk¢ ~o~ )s 3:~"-~o n~:~r (°4- ¼~v,¥ 6~.. d~/~ ~.~ ?~,%~ C. Do the existing structures' comply ~ith al1 area.height ~nd bulk regulations for the zone district in which it ~s.located? ~s (~) No ( ) If "no", specify each non-conforming use; D. Which unique physical characterlstl-cs of the subject property prevent its ~-~reasonable use for any of' the uSes permitted in that zoning district? (~) .Too narrow ( ) Topography ( ) Soil . Too small ( ) Drainage . ( ) Sub-surface ( ) Too shallow ( ) Shape ( ) Other: Specify: E. Was the hardship described above created by the action of anyone having property interest~)n the land after the .Zoning Ordinance was adopted? Yes (~) . No ~d..) !~ yes, explain:.A F. Was the hardship created by any'other man-made change, such as the reloca- 'tlon of a road? Yes ( ) No (~ If yes, explain: Are the conditions of hardship for which you request a variance pecullar only ~o the property described in this petition? Yes' ~"~' No ( ) If no, how many other properties are similarly affected? :' '~b..What 'is the "minimum" modiflc;tlon (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanatlon. Attach additlonal sheets, if 'necessary. ) (' ~Tc°~- a ~C~.~-C(-3} I. ~i11 9ranting of the variance be materia11Y detrimental to property in the same zone~ or to the enforcement of this ordinance~ I~h~, 13zWr, WA¥ ~ Planning' Commission Meeting November 14, 1988 Case No. 88-737: 1871Shorewood Lane, Bradley T. Blazev~c~ ShaO~/wood Point) Lot 2. Block 12, rID #18-117-23-23 006l; VARIANCE:.SIDE YARD SETBACK. - Owner, Bradley Blazevic was present. Recommendation by the Buildinq OFflcial~ Jan Bertrand: The a~pltcant is proposing 'to construct a 26' x 30' audition to the southeast portion of his existing Owelling. The addition would be approximately 14' to the southeast property line. The staff recommends aD,royal of the variance to recognize an ex- isting 3.3' side yard setback and the nonconforming 6' +/- set- back'of the existing accessory building conditioned upon the ad- dition construction being at or abpve minimum Flood plain eleva- tion with conforming side yard set~acks of 10' or more, and a conforming lakeshore setback from the ordinary high water eleva- tion of 50' or greater. The proximity of the 3.3' existing set- back shall not create any drainage problems from his property onto any adjoining property. The applicant shall submit a current survey to the inspection Oepartment at time of building permit issuance. Discussion: The house as. it sits is 6/10 of I' From the Flood plain elevation. · The applicant, Mr. Blazevic was present and stated he had no .problems with the staff recommendation. MOTION made by Smith, Seconded bY Andersen, to approve the variance to recognize an existing 3.3' side yard setback and the nonconforming 6' +/- setback o~ the existing accessory building with the.'Following conditions: The` addition construction be at or above minimum 61oc~i iplain elevation. Conforming side yard setbacks of 10' or more, and a conforming 1ak,shore setback From the ordinary high water elevation of 50' or greater. The proximity of the 3.3' existing setback shall not create any drainage problems ~rom his property onto any adjoining property. The applicant shall submit a current survey to the in- spection department at time of building permit is- suance. Motion carried unanimously. Case will be heard before the City Council on November 29, 1988. $ MINUTES OF THE HOUND ADVISORY PARK COHMISSION HEETING November lO, IDB Mtehael Blunt~ 4771 Island Vle~ Ortve~ extst:tn,q pla~Fom Devon Cc~,~.~ $ Park Director, Jim Fackler tnFormeQ the Commission that Dell Rudolmh dlscovere~ the platform Outing his fall Oock inspections. Mr. Blunt ~t~ acquIre a maintenance pePmit to construct the ex- Isting retaining wail an~ riprapptng, however the platform was not tncluded on the application. The 22' x 6' Platform does not comply with City orOinances, It is too wi~e. The Dock Inspector stated a 4' wt~e walkway could be acceptable. It was determined the ~eck ts not needed, however the stairs are needed due to the rtprapptng. The Commission agreed since Devon Commons is Traversible Type B, it should be kept open. The deck structure makes the area inaccessible and gives the ap- pearance of private property whloh would discourage people to walk across the deck. M~. Michael Blunt spoke on his..behalf and stated he has spent $1,500 on rtprap alone, and he cleaned out poison Ivy, poison oak, and brush, and built the deck which made the area usable. M~, Blunt believes he saved the City money for work they would have done tn the near future anyway. Mr. Blunt feels the deck makes It easier for people to walk from one end of the commons to the other. Mr. Blunt also stated there was a rotten deck there before which he only replaced. MOTION made by Jessen, seconded by Clough that the deck structure that en~_c~~ on the publlc lands be removed. Motion carried fouTln favor (Panetta, Anderson, Jessen, Clough), one opposed (Byrnes). Case will appear before the City Council on November 29, 1988. Mr. Blunt questioned I'f he could be reimbursed for the improve- ments he has done to the commons abuttlng his property. The Park Director J.nformed Mr. Blunt the City does not reimburse property owners for maintenance or Improvements (such as riprap) Gone on commons,- Park Commission Meeting November ]0, ]988 '3. ~ 4781 sland Vle~ Drive: exlstln la form The Park Director reported that the City plans on repair!nJ the subject area with El il and recommends not to remove the plat:form until next June when the repairs are completed. Mr. Miller showed the Commission a letter he recelvecl ~=rom the prev!ous C!ty Manager, John £1am which' acknowleclgecl a deck was constructed on City property without a building or maintenance permlt, and askecl that he submit a maintenance permit application fo~' the deck. The letter also inEormed Mr, Miller that even It= the deck ts approved, that anyone that wishes can use It since It is..!ocated on pu. bilc property. MOTION made by Jessen, seconded by Clough that the platt~ornq whlch encroaches on publ lc lands be removed by the tlma City does maintenance work on that property In June 1989. Motion cart led unanimously. Case will appear bet~ore the City Council on Noveff~a~r 29, t988, ~"~ miller q~l Park Con~tssion Meeting November ]0, 1988 Howard liagedorn, 1748 Avocet: follow-up on tree trl~.,,tng. question extent of work performed under maintenance peri, it granted in Wiota Commons The Park Director, Jim Fackler, was instructed by the motion made at the'Park Commission meeting on September B, I988 "MOTION moved by Jessen, seconded by Baily to accep~--~-h-e-'"~equest to trim the sumach to 3-1/2' under the Park Directors supervision, hard wood trees are not to be cut. Motion passed Four in Favor,--one om-~ ~°~=~=l~iJr~ O~osed).J' Jim reported he met with the contracted tree trimmer and Mr. Hagedorn at the site and they discussed what the City did, and did not want trimmed. Jim approved cutting of one basswood tree. Jim went back to the property the next day to inspect the work and confirmed it was okay. At the end of Oc- tober Jim received a call From Mr. Hagedorn who was requesting to tr[m more trees. Jim vis.fted the site and discovered someone had done some additional trimming of some trees. Both Mr. Hagedorn and the tree trimmer deny trimming any trees. The Park Director recommends to discontinue ail trimming on Wiota Commons, so the Park Commission can analy.ze this commons area using the flow chart. Mr. Hagedorn was present and spoke on his behalf. Mr. Hagedorn Stated he Feels harassed and prejudged by the Park Director, com- plained he had to take time off work in order to meet with the Park Director, and claims Jim supervised the trimming For only 15 minutes, then left the site before the trimmer was Finished. Mr. Hagedorn stated he.did not know who did the additional cutting, however the branches that were cut were infringing on the walkway of the commons. His t~eory is someone that uses this area took it upon themselves to do this trimming. The Park DireCtor presented pictures of the subject area which shows the trees were cut on top of the htll in Front of Mr. Hagedorn's, and in the middle of the hill as well as at the bot- tom along the walkway. The description of Wtota Commons was discussed: "Located on the north slde of Harrisons Bay adjacent to Avocet, Bluebird, Canary, Dove, Eagle, Finch and Gull Lanes. Total area is 1.5 acres with approximately 1,400 Feet of lake Front. It is a high narrow strip mostly cleared and has good solid sand bottom overlaid with a shallow silt layer. It is used For residents docking and fish- ing. Its proposed usage is a resident permit docking area and Fishing area and because oF the contour oF the land will adapt itself well as a nature area." The Commission would ltke to en- sure this nature area is maintained. Park Commission Meeting November 10, 1988 The Park Director exmlained that two years ago 30 healthy trees were removed From thts area without a maintenance permit. Thts cutting created brush growth From the healthy roots that remained, 14 these trees had been allowed to grow and then been pr[oper, ly trimmed, a view through them would have been available. MOTION ~de by Clough, seconded by dessen to discontinue all .~-~ trtn~n!ng al,ong, the 1,400 feet of shoreline in the Wiota Com- V~ mons In oroer to preserve as a nature area. Mr. HageOorn commenteQ he is concerned with the value of hts property, he pays to live on the lake and has no view. Motion carried unanimously. Will appear before the City Council on Nove~er 29, ]988. City Council Minutes August 23, 1988 The City Manager explained that the Park .Co~ni~=ion reco=mended the following on Mr. Hagedorn's requests: ApproVe the repla°-~ent of so~ on the "southwest corner of Mr. Hagedorn's lot, which is in t. he co~ons. A¢oept the request' to trim sumach to 3 1/2 the Park Director's supervision, hare wood not %o be cut. feet under trees are Mr. Hagedorn was present and stated' this was agreeable with him. ..~OTIO~ maae b~ Job-son, seoonaed b~ ~ensen to concur with the Park Commission and approve a'Hainten~nce Permit on Com- mons for Howar~ Hage~orn at 1748 Avocet. The vote was un-'- · .ant~ousl~ in favor. .Motion carrie~. RESOLUTION NO. 88- RESOLUTION REQUESTING AN INCREASE IN MAINTENANCE FUNDS DUE TO INCREASED MAINTENANCE COSTS ON CITY OF MOUND M.S.A. STREETS WHEREAS, Municipal State Aid streets are on a rotating basis for seal coating; and WHEREAS, some older constructed State Aid streets are increasingly needing repair; and NOW, THEREFORE, BE IT R~.SOLVED, by the City Council of the City of Mound, Minnesota, that the City Manager is hereby directed to write the State Aid Engineer requesting Mound's Main- tenance Allotment be $33,000.00 per year because of the added maintenance cost. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmem~ers'voted in the affirmative: The following Councilmembers voted in the negative: Mayor AtteSt: City Clerk Park Commission Meeting NovemOer lO, 1988 7. Definition oE "resident" ~or cemetery fee schedule Recommended definition, "Individual is resident of Hound at time of purchasing the cemetery lot(s)." MOTION made by Clough, seconded by Andersen to accept the definition oF "resident" for the cemetery fee schedule, "l.ndtvtdual is a current resident of Mound at time of pur- chasing the cemetery lot(s)." Motion carried unanimously. Case will appear before the City Council on November 1988. LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Telephone 472-3711 Mound, MN 55364 Dispatch 544-9511 EMERGENCY 911 November 14, 1988 TO: FROM: SUBJECT: Ed Shukle ~ Len HarrellC~{ Street Light - 2200 block of Westedge Blvd. Attached is a petition requesting the addition of a street light in the area of 2260 Westedge Blvd. The area is south of Lynwood Blvd. on the dirt road portion of Westedge Blvd. I am familiar with the area in question and travel the road frequently at night. The stretch of road in question is extremely dark at night. Several new homes have been constructed in the area and there have been some complaints about cars congregating on the dark road. I support the request for the addition of a light in the area between 2260 and 2274 Westedge Blvd. The addition would add to visibility in the area and provide a measure of security. 3030 Harbor Lane North Bldg. II, Suite 104 Minneapolis, MN 55447.2175 612/553-1950 HEMORANDUH TO: Planning Commission and Staff FROM: Mark Koegler DATE: July 20, 1988 SUBJECT: Sign Ordinance' Modification Application and use of ordinances frequently reveals minor problems which need correction. Use of the sign ordinance has uncovered such an item. Section 365:05, Subd. 8. Violations, states, "If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this Section 365 within 30 days following .receipt of said notice:" (The ordinance continues to outline legal options for removal) The item in que'stion pertains to the 30 day removal period. In a recent case, an illegal sign was placed in a residential area which, in the opinion of neighboring properties, damaged the value o.f their homes... After notification by Jan that the sign was illegal, the owner indicated that he would remove it after 30 days. " In reviewing this application, staff feels that very few cases need 30 days to remove an illegal sign. It is recommended that the phrase "within 30 days" be removed from this section. This will allow the'Building Official some latitude in requiring sign removals. Simple signs such as the case in point can be removed immediately and more elaborate commercial signs may require 2 or 3 day. s for removal. It is recommended that the Planning ~Commission call a public hearing to review this proposed modification of the sign ordinance. Hound City Coda Section Signs erected b~ a sovernmenta~ unit. (d) S~gns as desc~£bed ~n Section 365:15, Subd. 9. (e) S~s which a~e en~e~7 ~h~ a budding and ~ ~s~b~e f~om outside s~ bu~ld~n~. Subd. 5. Variances. The City Council may grant a variance frou the requt~.e- merits'of this Section 365 as Co spec~c signs where it ~ sho~ that by ' r~son of ~opography or o~her condi~ions ~ s~r~c~ complhnce ~h requir~s of chis Section 365 would cause a ~rdship. A var~nce ~y be sran=ed only if ~he variuce does no= adversely affect of ~h~ Sec=ion 365. ~ri~=~ applica~ion for a var~ce =he Ci~ Clerk ~d s~ll s~a~ ~ully all fac~$ r~ied upon by =HS appl~an=. The applicaCion sM1 be suppl~=ed vi~h mps, plans, or ocher data which my aid ~ ~ u~ysis of =he ~==er.. ~e application =he Pi~ Co~iss~n fo= its reco~enda=ion and report =o =he City Council. Subd. 6. .Exiatin~ Non-Conforming Signs. Any sign existing at the time of adoption of this Section 365 which does not conform to she provisions hereof shall not be .rebuLlt, altered, or relocated without being brought into compliance with the requirements of this Section 365. After a non-conforming sign has been removed, it shall not be replaced by another non-conforming sign. Whenever use of a non-conforming sign has been discontinued for a period of three (3) months, such use shall not thereafter be resumed unless in conformance with the provisions of this Section 365. Subd. 7. Existing I11e~ai Signs. All illegal signs existing at the time of adoption of this Section '365 which do not conform to the provisions hereof shall be removed vithin three (3) months of the adoption of this Section 365 and sub. sequent notification by. the City. Subd. 8... Violations. If the Building Inspector finds that any sign regulated by this Section 365 is prohibited as to size, location, content, type, number, height or method of construction, or is unsafe, insecure, or a menace to the public, or if any sign has been constructed or erected without a permit first being granted to the installer of said sign, or to the owner of the property upon which said sign has been erected, or is improperly maintained, or is in violation of any other provisions of this Section 365, he or she shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this Section 365,within 30 days following receipt of said notice: (a) Such sign shall be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located; and/or HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE Of PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE MOUND CITY CODE, SECTION 365:05, SUBDIVISION 8, RELATING TO 51GNS. NOTICE. IS HEREBY GIVEN, that the Pianntng Commission of the City of Mound, Minnesota, will meet-tn the Council Chambers, 5341 Maywood Road, 7:30 p.m., on Monday, August ZZ, 1988, to consider revision to the stgn ordinance provisions, Section 365:05, Sub- division 8, described as follows: "If the permttee or owner fails to remove or alter the sign so as to comply with the provisions setforth in this, Sec- tion 365, upon receipt of said notice:" All persons appearing at said hearing with reference to the above will be heard at this meeting. Francene C. Cla'~, City Cl~rk Publish in, "The Laker," August 8, IgBB. CITY Of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (61Z) 47Z-1155 November 22, 1988 TO: FROM: RE :. MAYOR AND CITY COUNCIL dc 7~ ED SHUKLE, CITY MANAGER PROPOSED AFFIRMATIVE ACTION PLAN Earlier this year, the League of Minnesota Cities informed all cities in the State of Minnesota that had 20 or more full-time employees that those cities were to have c-~{'ified-KTftq~ Action Programs by the State of Minnesota. The Minnesota Legislature had passed a legislative amendment in the 1988 session that would require all local governments to have Affirmative Action Programs. If cities did not have a state certified Affirmative Action Program, there would be a cutoff of all state funds in excess of $50,000 or more. Obviously, this would affect the City of Mound's Municipal State Aid (MSA) funding. Therefore, we were required to develop and submit to the Minnesota Department of Human Rights, an Affirmative Action Plan for the City of Mound. Attached is a proposed plan that I have developed per the Human Rights Department's guidelines. Also attached is a resolution approving the Affirmative Action Plan. The city attorney has reviewed the plan and has said that it is in' order. The deadline for submitting the plan is December 1, 1988, t.herefore, it is imperative that the Council take action on this .plan at its meeting Tuesday evening. If you have any questions, please contact me. ES:Is An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status ~n the admission or access to. or treatment or empio',, men! m, ~ts programs and actiwties November 29, 1988 RESOLUTION RESOLUTION OF AFFIRMATIVE ACTION IN EMPLOYMENT WHEREAS, the Mound City Council acknowledges that equal opportunity employment for all persons is a fundamental human value; and WHEREAS, the City of Mound does promote and encourage full realization of human rights within City employment; and WHEREAS, the State of Minnesota, declares that artifi- cial barriers to employment, pursuant to M.S. 363.03, are unfair discriminatory practices; and WHEREAS, under the Minnesota Human Rights Act, Section 363.073, businesses or firms which. (a) have more than 20 full- time employees in Minnesota at any time during the previous 12 months, and (b) bid on a State contract for goods or services in excess of $50,000 must have a Certificate of Compliance issued by the Commissioner of the Department of Human Rights. Certificates are issued to businesses or firms that have an Affirmative Action Plan approved by the Commissioner Of the Minnesota Department of Human Rights for the employment of minorities, women and disabled persons. WHEREAS, the city of Mound intends to reinforce Federal merit standard principles and concepts by assuring that all seg- ments of society have an opportunity to enter public service on the basis of open competition and advance according to individual ability: NOW,. THEREFORE, BE IT RESOLVED that the Mound City Council reaffirms and declares the Affirmative Action Program of Mound, dated November 14, 1988, to the extent that such declara- tion is reasonable and realistic and is not in conflict with ap- plicable laws of State or Federal authorities: DECLARATION OF POLICY OF AFFIRMATIVE ACTION The City of Mound acknowledges that equal opportunity for all persons is a fundamental human value. Consequently, it is the policy of the City to provide equal opportunity in employment and personnel management for all persons;' to provide access to, ad- mission to, full utilization and benefit of training and promo- tional opportunities without discrimination because of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; and to otherwise promote full realization of human rights within the City to the extent permitted by law. To imple- ment this policy, the City of Mound requires that every person making application for, currently employed by, or applying for future vacancies in the employ of the City of Mound will be con- sidered on the basis of individual ability and merit, without discrimination or favor. In furtherance of this policy, the City of Mound establishes an Affirmative Action Plan, providing for and assuring fair and equitable treatment in all phases of public employment, including selection, compensation, benefits, training opportunities, promotions, transfers, layoffs and other terms, conditions, and privileges of employment. The concept of this affirmative action policy is consistent and fundamental to the maintenance of effective equal opportunity and shall be imple- mented as an integral part of the City of Mound's personnel sys- tem. In the interest of advancing the goal of open competition and equal opportunity in employment, the City undertakes the respon- sibility for communicating its affirmative action policy to those from whom it purchases products and services. The city Council of the City of Mound hereby appoints Edward J. Shukle, Jr., City Manager, as the Affirmative Action Officer, to manage the Equal Employment Oppgrtunity/Affirmative Action Program. Responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of ~his Affirmative Action Program, as required by Federal, State and Local agencies. If any employee or applicant for employment believes he/she has been discriminated against, please contact the City Manager, 5341 Maywood Road, Mound, MN. 55364, or call 472-1155. Employees and applicants are protected from coercion, intimida- tion, interference, or discrimination for filing a complaint or assisting in an investigation under the Minnesota Human Rights Act. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following~Councilmembers voted in the negative: Mayor Attest: City Clerk CITY OF MOUND AFFIRHATIVE ACTION PROGR~H II. III. IV. VI. VII. VIII. IX. X. XI. XII. XIII. CITY OF MOUND AFFIRMATIVE /%CTION PI2tN TABL~ OF CONTENTS PROJECT DESCRIPTION EQUAL EMPLOYMENT OPpoRTUNITY POLICY STATEMENT ASSIGNMENT OF RESPONSIBILITY FOR AFFIRMATIVE ACTION PROGRAM DISSEMINATION OF POLICY A. INTERNAL B. EXTERNAL ORGANIZATION CHART UTILIZATION ANALYSIS ESTABLISHMENT OF GOALS & TIMETABLES PROB~.FM IDENTIFICATION & CORRECTIVE ACTION MEASURES TO FACILITATE IMPLEMENTATION AUDITING & MONITORING VENDOR - CONTRACTOR RELATIONS AFFIRMATIVE ACTION PLAN FOR DISABLED INDIVIDUALS APPENDICES 1...' RECRUITMENT RESOURCES 2. MEDIA SOURCES 3.·' SAMPLE LETTER TO SUPPLIERS, VENDORS AND CONTRACTORS INDICATING THE CITY OF MOUND'S AFFIRMATIVE ACTION POLICY 4. SEXUAL HARASSMENT STATEMENT OF POLICY 5. EQUAL OPPORTUNITIES THE LAW POSTER PAGE 1 2 4 6 7 8 9 2O 21 22 31 33 35 41 42 43 44 45 48 I. PROJECT DESCRIPTION Relationship of the City of Mound to the State of Minnesota The City of Mound acts as an agent of the State'Of Minnesota in the enforcement of statewide standards and policies as defined in rule and statute. For many years, the City has received Com- munity Development Block Grant (CDBG) monies via Hennepin County. These monies have been used for ecoqomic development, low income housing programs, soil service programs and other purposes. In addition, the City utilized federalo.revenue sharing funds begin- ning in 1972 until the program was discontinued 'about 2 years ag~:. Also, the City has made use of its Municipal State Aid (MSA) money. CDBG funds allocated every year amount to ap- proximately $60,000. MSA .funds-vary annually, but the City re~eives approximately $191,025. II. EQUAL EKPLOTHENT OPPORTUNITY POLICY STATEKENT This is to affirm the City of Mound's policy of providing Equal Opportunity to all employees and applicants for employment in ac- cordance with all applicable Equal Employment Opportunity/ Affirmative Action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, specifi- cally Minnesota Statutes 363. The City of Mound will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance. The City of Mound will take Affirmative Action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not. limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Mound will."use its best efforts to afford minority and female business enterprises with the maximum practicable op- portunitY to participate in the performance of subcontracts for construction projects that the City engages in. ! The City of Mound will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employ- ment Opportunity and Affirmative Action. The City of' Mound fully supports incorporation of non- discrimination and Affirmative Action rules and regulations into contracts. -2- The City Of Mound ~i!! evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action objectives as well as other established criteria. Any employee of the City, or subcontractor to the City who does not comply with the Equal Employment Oppor- tunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor not complying with all applicable Equal Employment Opportunity/ Affirmative Action laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes 363 will be subject to ap- propriate legal sanctions. The City of Mound has appointed city Manager, Edward J. Shukle, Jr....to manage the Equal Employment Opportunity Program. His responsibilities will include monitoring all Equal Employment Op- portunity activities and reporting" the effectiveness of this Af- firmative Action Program, as required by Federal, State and Local agencies. If any employee or applicant'for employment believes he/she' ~has been discriminated against, please contact Edward J. Shukle, Jr., City Manager, City of Mound, 5341 Maywood Road, Mound, MN. 55364, or call 612-472-1155. III. ASSIGNMENT OF RESPONSIBILITY FOR AFFI~HATIF~ ACTION PROGRAM The Mound City Council authorizes the City Manager, to administer the Affirmative Action Program on behalf of the City without ad- ditional compensation. This accountability encompasses the following: 1. Coordination of equal opportunity employment and affirmative action activities. 2. Physical dissemination of policy information. 3. The conducting of all studies, surveys, job classifications Which might be required by Federal and State law. 4. The development of guidelines for interviewing and selecting employees, the construction of job advertisements, the development of job descriptions, the review of job qualifications to meet equal' employment opportunity stand- ... ards and the establSshment of a comprehensive personnel policy to promote equity in all employer actions. 5. The establishment of contacts in recruitment for minorities, handicapped and women.... 6. The preparation of all reports that are required and the design and implementation of audit and recording systems to measure the Affirmative Action Program effectiveness. 7. The updating of the City of Mound's Affirmative Action Policy in accordance with changes in State and Federal law. 8. The interpretation of Affirmative Action Program to all emPlOYees', minority, handicapped, women,s organizations and other'interested communitYand civic groups. The "establishment of working relationships with organiza- .tions representing minorities, handicapped and women for recruitment purposes. The establishment of annual affirmative action goals. The provision of information to employees or applicants al- leging discrimination of their rights under provisions of the Civil Rights Act of 1964 as amended by the Equal Employ- ment Opportunity Act of 1972 and the Minnesota Human Rights Act; of legal options for registering a complaint; and in- 10. 11. 12. 13. 14. ment'.0Pportuni~y Act of 1972 and the Minnesota Human Rights Act; of legal options for registering a complaint; and. in- vestigation of all such complaints. To receive complaints or alleged acts of discrimination by the City, its agents or persons, firms or corporations, con- tracting within the City or any'of its departments. To investigate all such alleged acts of discrimination and to record all material facts. To report to the City Council good faith claims of dis- crimination. Each department' head with the assistance of the City Manager shall have direct responsibility in ~promoting the Affirmative Ac- tion Policy. Their responsibilities shall include: 1.... An in-depth understanding of the equal employment oppor- tunity laws and all provisions of the City Affirmative Ac- tion Policy. 2. Assistance to the City Manager in analyzing and discovering '· areas of under-utilization of minorities, women, and hand- icapped persons in their respective departments. 3. Development of departmental goals and objectives, proposing timetables and evaluating internal discrimination potentials Within their specific departments· Regular discussion with line supervisors regarding equal employment opportunities. Annual evaluation of their supervisors on equal employment oPportunity. 6. DePartment heads shall have the authority to discipline employees found to be deliberately harassing minorities, handicapped and women employees or displaying conduct incon- sistent with the provisions and" intent of the Affirmative Action Program. IV. DISSEMINATION OF POLICY ae Internal Dissemination 1. A copy of the Affirmative Action Program for the City of Mound will be communicated to every department head in the City and subsequently a summary copy will be made available to each of the City's employees. 2. The City Manager will instruct, inform and advise all department heads of the responsibilities of employers .. in promoting and effectuating the policy of non- discrimination. The City Manager shall have the authority and responsibility to monitor, audit and review all books and records of the City and depart- ments of the City to ensure compliance in carrying out the duties and responsibilities required by the City Affirmative Action Policy. 3. Department heads will be responsible for disseminating the Affirmative Action Policy to all line supervisors and all department employees. 4. A copy of the Affirmative'Action Policy and other re- lated information shall be posted on departmental bul- letin boards for employees reference as well as centrally located bulletin boards for public reference. 5. Every applicant for employment with the City of Mound or for participation in a City sponsored program shall be informed of the equal opportunity policy of the City of Mound and the procedure to follow if such applicant in good faith feels that this policy has not been ad- hered by the City or its agent at the time of applica- tion for employment. The Affirmative Action Policy statement shall be in- cluded in the City's Personnel Policy. 7. Union representatives will be informed of the Affirm- ative Action Policy. Labor agreements between aDy union, federation, or other authorized employee representative in the City may contain a clause attesting 'to non-discrimination and equal opportunity as part of the basis for any ne- gotiated settlement. External Dissemination 1. The City Manager will file copies of the affirmative action declaration with the State of Minnesota Depart- ment of Human Rights, State Employment Service, and such minority, handicapped and womens' organizations which benefit from open recruitment and merit hiring. Efforts shall be made to communicate this policy to lo- cal community agencies, schools and community leaders. 2. The City Manager shall distribute the Affirmative Ac-. tion Policy to vendors and contractors who deal with the City and shall encourage'them to follow similar practices. 3. The City shall make readily available to minorities, handicapped persons, women, and protected class groups within the City the current listing of job oppor- tunities in the City offices. The City will advertise available positions in a manner determined by the City to be most appropriate to each local minority, hand- icapped and female residents. 4'. The City Manager will be available to discuss the City's Affirmative Action Program and non- discrimination policy with any interested communities or civic groups. -7- V. ORGANIZATIONAL CHART ae VI. UTILIZATION AI~ALYSIS Utilizatio~ Analysis The City conducts separate in-depth utilization analyses of each job group for minorities and for women (protected groups). The purpose of these utilization analyses is to determine if minorities and/or women are currently being un- derutilized in one or more of our job groups. The results of these utilization analyses then become the basis for es- tablishing the objectives detailed in this document. 1. Work Force Analysis . A work force analysis report is prepared annually. This analysis contains job titles ranked from the lowest paid to the highest paid within each department. For each job title, the total incuMBents, by race and. sex, and total incumbents, by the total males, and females, are listed. This profile includes wage rate, minimum and maximum, for union job titles and actual wage for all other job titles. Job Groups The establishment of "job groups" is a part of the Af, firmative Action Program prepared to meet standards required by Revised Order No. 4. These job groups are used solely in the context of the affirmative action objectives of such Order. They have no meaning for any other purpose. For affirmative action job groups see Section VIII - Problem Area Identification. Availability Analysis a. -Availability data was developed for total minorities and total women for each job group by using data provided by "Job Group Weighting Factor for Smaller Companies", MN. Dept. of Human Rights. underutilization is determined annually for each job group within the City. The declaration of underutilization in any job group does not imply or admit any form of dis- crimination. DEPAR?MENT - City Manager/c(erk ~tORKFORCE ANALYSIS COHPANY - City of Ho~ncl ADDRESS - 5:~1Ma~ood Road DATA AS OF - 11-1-88 (CURRENT BY DEPARTMENT) Hound, MN. JOB TZTLES IdAGE RATE OR TOTAL EMPLOYEES HINORITY EMPLOYEES ('") SALARY RANGE HALE I FEMALE TOTAL TOTAL TOTAL KALE FEHALE I AZ/ A/ AZ/ A/ J B H AN PZ B H AN PZ Secretary/Receptionist 1566 1 1 City Cterk 2?43 1 1 City Manager 40811 1 · ; ! Totats 3 I 2 (B) B - B[a'ck; H - Hispanic; AZ/AN - American ]ndican/Ataskan Native; A/PI - Asian/Pacific Islander. -11- DEPARTMENT - Finance DATA AS OF - 11-1-88 I~:)R[FORCE ANALYSIS ¢~RRENT BY DEPARTHENT) COMPANY ADDRESS - City of - 5~41Maywood JOB TITLES Accounting Clerk Utility Billing Clerk Assessing Clerk WAGE RATE OR 1740 1797 1865 TOTAL EMPLOYEES TO FEN Sr. Accounting Cterk Finance DJ rector Totals 1865 3541 'AL ,LE MINORITY EMPLOYEES MALE SALARY RANGE TOTAL I TOTAL 1 AZ/ FEMALE A/ Pl A/ PI (B) B - Black; H - Hispanic; AI/AN - American Indican/ALaskan Native; A/PI - Asian/Pacific Islander. -12- DEPARTMENT - Po[ice DATA AS OF - 11-1-88 t~RKFORCE ANALYSZS COMPANY - City of Mound ADDRESS - ~1 May~ood Road (CURRENT BY DEPARTMENT) Mound, MN. 55~64 JOB TZTLES ~AGE RATE OR TOTAL EMPLOYEES MZNORZTY EMPLOYEES SALARY RANGE I TOTAL TOTAL TOTAL 14ALE FEMALE FIALE FEMALE Al/ A/ Al/ A/ B H AN PZ B N AN PZ PoLice Secretary 1759 1 1 Parrot Officers 2406-2877 8 8 Sergeants 3125-3250 2 PoLice Chief 3?23 1 1 Totats !' 12 11 1 (a) B - Stack; H - Hispanic; Al/AN - American Zndican/Ataskan Native; A/P! - Asian/Pacific IsLander. -13- DEPARTMENT - PLanning & Lnspect$ons ~)RKFORCE ANALYSIS CO~PA#¥ - City of Mound ADDRESS ' DATA AS OF.' 11'1'8~ (CURRENT BY DEPARTMENT) JOB TITLES Secretary BuiLding Official Totats WAGE RATE OR SALARY RANGE 1688 TOTAL TOTAL EMPLOYEES TOTAL FEMALE MINORITY EMPLOYEES ,,J PI B H 2909 TOTAL MALE MALE J ' S Al/ H AN FEMALE A/ PI (B) B - BLack; H - Hispanic; Al/AN - American lndican/A[askan Native; A/PI - Asian/Pacific IsLander. -14- DEPARTMENT - Public Works DATA AS OF - 11-1-~8 VORKFORCE ANALYSZS (CURRENT BY DEPARTMENT) COFtPANY ADDRESS - City of Mound - 5~I Maywood Road Mound, MN. 55364 JOB TZTLES Secretary Street Maintenance Street Superintendent Water & Sewer Supt. Totals WAGE RATE OR SALARY RANGE 1729 ~24 247'~ TOTAL TOTAL EMPLOYEES TOTAL MALE TOTAL FEMALE 8 MINORITY EMPLOYEES MALE FEMALE Al/ IA/ AN PZ 2473 1 11 10 .'] 1 II CB) B - Black; H - ~ispanic; AZ/AN - American ]ndican/Ataskan Native; A/PZ - Asian/Pacific Zstender. -15- DEPARTHENT - Parks DATA AS OF UORKFORCE ANALYSZS (CURRENT EY DEPARTMEgT) CONPANY ADDRESS - City of #ouqd - 5Z~I #aym~cl Road Mound, MU. 55364 JOB TITLES Parks Director gAGE RATE OR SALARY RANGE TOTAL EMPLOYEES TOTAL MALE TOTAL FEHALE Totals B MINORITY EMPLOYEES (~) HALE 247'$ TOTAL Al/ A/ H AN PI S FEMALE (B) B - Black; H - Hispanic; Al/AN - American Indican/Ataskan Native; A/P! - Asian/Pacific Islander. -16- DEPARTHENT - Liquor DATA AS OF - 11-1-8~ t~ORKFORCE ANALYSIS (CURRENT BY DEPARTHENT) · COHPANY ADDRESS - City of Hound - 5~41 Hay~ood Road Nou~d, PIN. 55364 JOB TITLES Asst. Liq. Store Liquor Store PIanager Totals ~AGE RATE OR SALARY RANGE 1865 27~6 TOTAL EPIPLOYEES TO AL TOTAL HALE TOTAL FEHALE 1 1 NZNORITY EHPLOYEES (*) I I HALE AZ/ B N AN FEHALE A1 Al/ Pl B H AN A/ P! 11 (S) B - Breck; H - Hispanic; Al/AN - American lndican/Ataskan Native; A/PI - Asian/Pacific Ist. ander. -17- JOB GROUP WEIGHTING FACTOR FOR SMALLER COMPANIES 1 2 3 4 5 6 JOB GROUP HANAGER PROFESSIONAL! TECHNICAL '1 SALES I,'ORKERS OFFICe/ CLERICAL SKILLED CRAFTS OPERATIVES LABORERS I NUMBER IN I WEIGHTED GROUP I VALUE .25 .06 .25 .19 MINORITY IN GROUP 4.3% 3.7% 5.6% % MINORITY 1% FEMALE WEIGHTED ) IN GROUP 0.7% 0.3% 1.1% ~9.6% 5.~% 25.6% 85.8~ 7.3% 18.5% %FEMALE WEIGHTED 7.4% 0.3% 0 21.5% 0 1.4% SERVICE WORKERS 9 .25 7.6% 1.9~ 28.9'4 2.2% TOTALS 36 1.0 AVAILABILITY = SUM OF WEIGHTED VALUES 4.7% 32.8% 1. Cotu~ #2 = Column #1 divided by the to[at of Cotunn #1. 2. Totht of Cotumn #2 shoutd atways equa[ 1. 3. Cotumn ~r3 comes from manpower information tab[es, 4. Cotumn #4 = Cotumn ~r5 X Co[urn #2. 5. Comes from manpower information tabtes. 6. Cotumn #6 = CotLxnn #5 X Coturan #2. -18- · AVAILABILITY/UTILIZATION/UNDER UTILIZATIO~ JOB GROUP MANAGER PROFESSIONAL/TECH SALES WORKERS OFFICE~CLERICAL SKILLED CRAFT OPERATIVES LABORERS SERVICE WORKERS SHALL COHPAN¥ WEIGHTED AVAILABILITY. TOTAL 36 FEFU~LES UTILIZATION AVAILABILITY NLIHBER ~ ,11 30.6X iNUHBER ~ NIJHBER UNDER-, UTILIZED UTILIZATION NUHBER ~ 0 0 HINOR~TIES AVAILABILITY NUHBER ~ 1 14.7~ NUHBER UNDER- UTILIZ *SOURCE OF AVAILABILITY ~ -19- The city of Mound recognizes that it has an underutilization of female and minority emDloyee~. (SEE AVAILABILITY/UTILIZATION/ UNDERUTILIZATION table on Page 21). The City of Mound will work to fill any future employment vacancies with females and minorities. It is estimated that the underutilization of one female employee will be corrected by January 1, 1993. It is also estimated that the underutilization of one minority employee will be corrected by January 1, 1993. These'assumptions are based upon vacancies that may occur within the existing staff or in any additions that may be made in staff within the next five years. VII'I. PROBLEM IDENTIFICATION AND CORRECTIVE ACTION A summary analysis of problem/deficiency areas at the City of Mound indicates the following: - The workforce composition is underutilized in two areas. - The total selection process dictates a need to expand our recruiting efforts to attract qualified women and minorities. - No other problem areas were identified, i.e., applicant flow composition, transfer and promotion practices, company facilities and company-sponsored activities, seniority practices and qontract provisions for same, apprenticeship programs, company training programs, .. workforce attitude, posters, application retention and subcontractor notification. IX. 'MEASURES TO FACILITATE IHPLEHENTATION To assure progress towards Affirmative Action goals and to guarantee equal employment opportunity to all persons, the City of Mound shall pursue the following actions relating to hiring, promotion, training opportunities, classification, recruitment and compensation. The City of Mound's Personnel practices shall adhere to the prin- ciples of equal employment opportunity and be conducted in ac- cordance with the City Affirmative Action Program. The prin- ciples of equal employment opportunity shall be introduced into all City written personnel policies .and shall be reflected in all negotiations between the City and labor unions who represent authorized bargaining units of City employees. A. Position Descriptions 1. A written position description shall exist for all per- manent positions within the City of Mound. These desCriptions shall include a position or job title - a general description of the work - minimum qualifica- tions required to perform the work, and shall be avail- able to all employees and prospective job applicants for review prior to application. 2. Position titles and minimum qualifications contained in written descriptions shall be used in all recruitment advertising. 3. The.minimum qualifications of each position shall be periodically reviewed by the Personnel Director.to · determine if all qualifications required are related to actual job performance. 4. Position descriptions for managerial and supervisory positions shall contain a section describing Affirm- ative Action responsibilities. B. Recruitment 1. The' City of Mound will advertise entry job openings in the appropriate media for its labor market. Ail job advertisements shall state the title of the position, '-the minimum qualifications, where applications can be obtained, and location of job if other than within City Hall, how the position will be filled and other relevant information. All job advertisements shall in- clude the statement "An Equal Opportunity Employer". In special circumstances the City may add or substitute the working "Minorities and Women are Encouraged to Apply". All job advertisements shall indicate the last day of filing for application of the position adver- tised. Those positions advertised as "Open- Competitive" shall be posted for ten (10) days. All job advertisements for open competitive and promotional positions shall be posted ~n designated bulletin boards in all conspicuous areas for employee or applicant review. a. The City Manager will. notify the area Job Services Office of appropriate job openings. b. The City Manager shall send appropriate job vacancy announcements to appropriate governmental, institutional, civic, educational, handicapped and minority representative agencies within its labor market area. c. Announcements of appropriate job openings shall be "regularly sent to organizations within the labor market who specifically represent women, minorities, and the handicapped. d. Policy Statement in compliance with Section 3 of the U.S. Department of Housing and Urban Develop- ment Act of 1968: Announcements of job openings shall be regularly sent to organizations Within the labor market who specifically represent women, minorities, and the .handicapped. The 'City of Mound will make every effort to recruit' and hire applicants from Hen- nepin County who are from low income groups. e. The City Manager will establish and utilize a list of minority organizations and will develop con- .. tacts for communicating mutual employment needs and concerns. f. Department Head and supervisory staff of the City will encourage present employees to refer women,. minority and handicapped applicants for City jobs. g. The City Manager will inform job applicants of the Affirmative Action Policy and furnish applicants with a written statement of such policy. City Personnel Policies 1. The City Manager shall provide for the revision and on- going maintenance of the Personnel Policies detailing employee benefits, terms and conditions of employment, employer actions, employe~ obligations, and rights and privileges of employees. These Policies shall be revised and be consistent with the Affirmative Action Program and be updated annually by the City Manager. Each department .shall be apprised of Affirmative Action goals and briefed regarding the City's commitment to achieving the goals within targeted periods. 3 The employment application form currently utilized is intended to eliminate artificial employment barriers by not requiring irrelevant information as a part of employee selection that is not directly representative of an applicant's skills or qualifications to perform the duties of any position. 4. It shall be inconsistent with this Affirmative Action Program for any department head' or otherwise hiring authOrity to consider race, color, creed, religion, na- 'tional origin, sex, age, marital status, public assis- tance status, handicap or disability as a basis for rejecting any individual applicant for employment. To insure impartial selection and promotion of personnel, the City Manager or designee shall: a. Analyze all existing selection procedures, perfor- mance reviews, education or experience ratings, structured interviews, and other such devices to be Ce determine their value, as a measure of job success. Administer all 'appropriate tests under standard- ized and uniform conditions and provide for impar- tial evaluations of test results. Declare all job opportunities and vacancies open to male and female applicants unless given job is proven exclusive for one sex on the basis of bona fide occupational qualifications set forth in Title VII and subsequent Court decisions. Notify all qualified job applicants of the reason for their rejection of employment and shall main- tain such a record and provide access to such by applicants rejected ~or employment. Encourage the promotion of minority, disabled and female employees. Interview exiting employees to determine reasons for leaving and identify possible sources of dis- crimination, inadequate job placement or under- utilization encountered while working for the City. The City Manager shall implement uniform procedures to conform with this Affirmative Action Program. These will include job replacements, es- .tablishing position qualifications, preparing job notices, announcing and posting job vacancies, and advertising when appropriate. Assure that no person be given preference or denied employment opportunity because of past promises of a job, personal characteristics, per- sonal reputation, political or union affiliation or other qualities unrelated to job performance. Screen application~ and determine applicant eligibility for employment by utilizing ap- -propriate selection procedures. In accordance with the 'Minnesota Data Practices Act, any information gathered by the employer regarding reference checks, personal or criminal history shall be made open and available to Do prospective job candidates upon request for pur- pOSeS of inspections. Such persons shall have. the right to challenge all such information. Selection and Hiring 1. All applications for employment at the City of Mound shall be reviewed to determine if applicants meet mini- mum qualifications for the position. APplicants who do not meet minimum qualifications shall be so informed by written notice. 2. The selection process shall give prime consideration to minimum qualifications necessary to perform the job. The selection process shall give consideration to fu- ture potential and extra ..qualifications of candidates only when career ladders are structured so that employees are likely to advance to a higher level posi- tion within a reasonable'p~riod of time. 3. The City shall, make "good faith" effort to meet its Af- firmative Action goals by giving maximum consideration to those protected class candidates who possess minimum qualifications for. City positions. 4. No applicant shall be prohibited from applying for a City position because of a past criminal conviction. Evaluation of Job Performance 1. All 'performance evaluation systems used shall be directly related to actual performance on the job. 2. Performance evaluation of supervisors and Department Heads shall 'include an appraisal of their performance in implementing and adhering to the City Affirmative · Action Program. 3. All performance appraisals shall be in writing and shall be reviewed with employees and made part of their permanent personnel record. 4. Employees dismissed shall have the benefit of: a. Appropriate and progressive disciplinary measures as outlined in the Personnel Policies. b. An opportunity to have his/her dismissal reviewed by the City Manager to determine if discriminatory Fe Ge He practices were factor~ in his/her dismissal and to recommend a remedy if so justified. Compensation 1. All compensation schedules for City employees shall ad- here to State and Federal laws and shall not dis- criminate upon the basis of race, sex, color, religion, national origin, handicap, disability' age, marital status, veteran status, political affiliation or status with regard to public assistance. 2. Ail fringe benefit schedules shall be equal for members of both sexes and shall not discriminate against any employed member of a protected class. Termination - Disciplinary Proqedures 1. All disciplinary procedures within the City organiza- tion shall be applied equally and shall not dis- criminate against any employee on the 'basis of race, sex, color, creed, religion, national origin, age, marital status, public assistance status, handicap or disability. Equivalent internal grievance procedures shall exist for all employees either through personnel policies or union contracts. Training 1. All 'training programs shall be extended to all employees, if the program is job related and would result in better work performance. No employee shall be restricted from attending such' programs or courses because of race, color, sex, creed, marital status, religion, national origin, union affiliation, or status with regard to public assistance. Special 'efforts 'shall be made to include' and encourage employees in protected classes to attend such programs and courses. 2. Training programs shall be made available to facilitate upward mobility for all City employees. Attention shall be given to the preparation of employees for mobility across occupational fields~ -27- 3. 'Ail employees, particularly protected class members, zhall be informed of the opportunity and encouraged to take career related courses and/or formal training. Information on the City's policy regarding tuition reimbursement shall be widely disseminated. 4. Training for supervisory staff shall acquaint them with the provisions, goals, and intent of the City's Affir- mation Action Program. This training shall include an explanation of: a. All provisions of the City's Affirmative Action Policy and Program. b. The legal basis for an Affirmative Action Program. c.' Supervisory responsibilities related to affirm- ative action. d. The legal options available to a person making a complaint or alleged 'discrimination and the legal responsibilities of the supervisor. 5. Ail City departments shall consider the implementation of apprenticeship training for protected class members, and employ those who successfully complete an appren- ticeship training program whenever possible. Career Advancement (Transfer & Promotion) 1. Ail qualified City Employees. shall be encouraged to consider career advancement through promotions and/or transfers. 2. Ail job openings shall be posted on all designated "Departmental Boards". No present employee shall be discouraged or prevented from applying for any vacancy · for which she/he is qualified. A combination of education, past work experience and experience gained in the City's employ shall be con- sidered in assessing the qualifications of an ap- plicant. Unnecessarily' narrow job requirements which might reduce competition for promotion across depart- ment or division lines or Within the department or division shall be eliminated. 4. 'Protected"class members employed by the City who have increased their skills for job potential shall be en- couraged to apply and compete for promotion. Documentation of "Good Faith" Efforts to Reach Affirmative Action Goals 1. The record keeping materials required to monitor the City Affirmative Action Program shall be readily acces- sible to the City Manager and Department Heads. 2. The City Manager shall keep a written record of the ef- forts undertaken to meet City goals for employment of protective class employees. 3. Department Heads and the City Manager shall review and comment on unsuccessful City efforts to employ protected class members in accordance with the City Af- firmative Action goals and timetables. Complaint Procedure 1. City Responsibility The City has the responsibility to receive, investigate and attempt to resolve internal and external charges of alleged violations of its obligation under government regulations. Appropriate action is taken to assure that the right of individuals to file complaints or participate in investigation~, hearings or any other proCedure for resolving such complaints will be respected.and.not interfered with in any manner. Should the ~inal decision be adverse to the com- plainants they are advised that they may file charges with a government agency and are directed to posters identifying such agencies and filing locations. Complaints and all actions taken to resolve them through the City must be maintained in strictest con- fidence. No individual should be intimidated, threatened, coerced or discriminated against by the City for filing a complaint, furnishing information, or participating in any manner in investigations, com- pliance reviews, hearings, or any other activities re- lated to the administratio~ of Federal, State and Local regulatiohs. Applicant'~ Right to File eomDlaints of Allegea Dis- crimination Applicants who believe the City has violated its obligations under government regulations may file com- plaints either with the City, the Minnesota Department of Human Rights or the Department of Labor. To file with the City, any applicant should contact the City Manager who will pursue the matter. A written complaint must be filed with the Department of Labor. Information on filing complaints with the government can be obtained by contacting the City Manager. Employees' Right to File Complaints of Alleged Dis- crimination Employees who believe the City has violated its obliga- tions under government regulations may file complaints either with the City, the Minnesota Department of Human Rights or the Department of Labor. Employees may bring their.concerns to the attention of their immediate supervisor or they may also wish to address the matter to another individual in their department and/or directly contact the City Manager. Employees may file written complaints with the Depart- ment of Labor, Information on filing complaints with the government is posted in the office of the City Manager. Complaints alleging a violation of the Rehabilitation Act of 1973 are referred back to the 'City. Employers are allowed 60 days to attempt to resolve such complaints ~hrough their internal com- plaint review procedure. X.. AUDITING AND ~ONITORIN~ In order to successfully evaluate the implementation of the City's Affirmative Action Program the following data shall be maintained by the City Manager. A. Recruitment Sources Data shall be maintained regarding all recruitment and media sources notified of City job vacancies. B. Applicant Flow Data Data shall be maintained that indicates, by job class- ification, EEO job category, the total number of applicants interviewed, those offered positions, and those hired, in order t° determine the effectiyeness of the City's recruit- ment process and to assess the City's progress toward equal .. opportunity employment. C. Applicant Referrals A file of all interested applicants shall be maintained in order to notify such applicants when vacancies occur for which they would be qualified. D. Training Data shall be maintained indicating, by job classification and EEO job category the number of City employees par- ticipating in all City training programs and activities and tuition reimbursement programs. E. Promotions Data shall be maintained regarding promotions and indicating by job classification and EEO job category, those employees who are promoted. F. Terminations 'Data shall be maintained on all terminations by job class- ification and EEO job category 'including the reasons for terminations. This data will.be used to determine if a dis- proportionate number of employees belonging to protected classes are terminated. G. Demotions and Disciplinary Actions Documented data shall be maintained on all demotions and disciplinary actions including reasons for such actions. Documentation ~f Good Faith Efforts to Meet Goal 1. There shall be regular documenting of City efforts t0 meet city goals for employment of protected class employees. 2. Semiannual reports will Re forwarded as requested to the Minnesota State Department of Human Rights. XI...VENDOR - CONTRACTOR RELATIONS It is the policy of the City of Mound not to use public funds to further any violations of State or Federal equal employment laws.. The City's firm commitment to this policy .shall be demonstrated through its affirmative action requirements for contractors, sub- contractors and vendors with who the City does business. A. Ail bid specifications, proposals and contracts shall require all contractors, sub-contractors and vendors to sub- mit the following: 1. A signed statement signifying that the contractor, sub- contractor or vendor fully intends to comply with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of 1964 as amended in .. 1972 by the Equal Employment Opportunity Act, and Min- nesota Statute 181.59 as amended. 2.A reply to the letter in 'Appendix 3. B. The City's practice of awarding contracts to the lowest bid- ders shall be followed provided the bidder meets the City's affirmative action requirements. If a contractor, sub- contractor or vendor does not comply with the intent of the City's affirmative action requirements, as listed above, the contract may be awarded to the next lowest bidder with the same procedure applying. c. If it is reported that a contractor is in violation of State or Federal equal employment opportunity laws or has no af- firmative action'program or has not 'shown good faith in taking corrective steps 'or is not willing to comply and carry out the City's affirmative action requirements, the City Manager may immediately request that the City Attorney issue a "letter to show cause" 'requesting the contractor, sub'contractor or vendor to .provide the City Manager with information showing why the City should not terminate the contract. D. The City' of Mound will assist contractors and/or vendors in complying with the City's affirmative action program. -33- The context o~'Minnesota Statute 181.59 (as amended) is in- corporated by reference hereto, and made a part hereof, this Affirmative Action policy. M.S. 181.59 EMPLOYMENT: WAGES, CONDITIONS, HOURS RESTRICTION 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED OR COLOR PROHIBITED IN CONTRACT. Every contract for or on behalf of the State of Minnesota, or any county city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: 1. That, in the hiring of common or skilled labor for the performance of any work under any contract, or,ny sub- -. contract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate 'against the person or persons who are. citizens of the United States who are qualified and available to perform the work to which such employment relates; 2. That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or in- timidate, or prevent the employment of any such person or persons, or on being hired, prevent, or conspire to prevent, any such person or persons from the perfor- mance of work' under any contract on account of race, creed or color; 3'. Any violation of this section shall be a misdemeanor; and ,4. That this contract may be cancelled or terminated by the state, county, city, ~own, school board, or any other person authorized to grant contracts for such employment, and all money due, or to become due hereunder, may be forfeited for a second or any sub- sequent violation of the 'terms or conditions of this contract. XII.. AFFIRMATIVE ACTION PLAN FOR DISABLED INDIVIDUALS ae Be Disabled Individuals Affirmative Action Clause The City of Mound shall not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The City of Mound agrees to take affirmative action to employ, ad- vance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layqff or termination, rates of pay or other forms of compensation, and training. Th~ City of Mound agrees to comply with the rules and relevant orders of the MinneSota Department 'of Human Rights issued pursuant to the Minnesota Human Rights Act. The City of Mound agrees to post in conspicuous places, available to employees and applicants for employment, notices 'in a form to .be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the City of Mound's obligation under the law to take affirmative action to employ and advance in employment qualified 'disabled employees and applicants for employment, and the rights.of applicants and employees. The City of Mound.shall notify each labor union or repre- sentative of workers with which it has a collective bargain- ing agreement or other contract understanding, that the con- tractor is bound by the terms of Minnesota Statutes, Section 363.073 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employ- ment physically and mentally disabled individuals. Schedule for Review The minimum physical and mental job qualifications of each position, shall be reviewed ann6ally by the City Manager to ensure that, to the extent qualification requirements tend to screen out qualified disabled individuals, they are job -35- Co De Ee Fe related and'are consistent with business necessity and the safe performance of the job. Pre-Employment Medical Exams The City of Mound may require a ¢omprehenzive medical exam prior to employment. The results of such an examination will not be used to screen out qualified disabled in- dividuals. Information obtained in response to such in- quiries or examination shall be kept confidential except that (a) supervisors and managers may be informed regarding restrictions on the work or duties of disabled individuals and regarding accommodations, (b) first aid and safety per- sonnel may be informed, where and to the extent appropriate, if the condition might require,emergency treatment, and (c) officials, employees, representatives, or agents of Human Rights or local human rights agencies investigating com- pliance with the act or local human rights ordinance shall be informed if they request such information. Accommodations to Physical and Mental Limitations of Employees The City of Mound shall make a reasonable accommodation to the physical and mental limitations of an employee or ap- plicant unless such an accommodation would impose an undue hardship on the conduct of the City. Compensation In offering employment or promotions to disabled in- dividuals, the City of Mound shall not reduce the amount of compensation offered because of any disability income, pen- sion, or other benefit the applicant or employee receives from'another source. Outreach, Positive Recruitment, and External Dissemination of Policy The City of Mound shall review employment practices to determine whether the personnel programs provide the required affirmative action' for employment and advancement of qualified disabled individuals. Based upon the findings of such reviews, the City of Mound shall undertake ap- propriate outreach and positive recruitment activities, such -36- as those listed'below. 1. Develop internal communication of obligation to engage in affirmative action efforts to employ qualified dis- abled individuals in such a manner as to foster under~ standing, acceptance, and support among executive, management, supervisory, and all other employees and to encourage such persons to take the necessary action to aid the City of Mound in meeting this obligation. 2. Develop reasonable internal procedures to ensure that the obligation to engage in affirmative action to employ and promote qualified disabled individuals is being fully implemented. The City shall make readily available to disabled in- dividuals the current listing of job opportunities in the City offices. The City will advertise available positions in a manner determined by the City to be most appropriate to reach local disabled individuals. 3. Periodically inform all employees 'and prospective employees of the commitment to engage in affirmative action to increase employment opportunities for qualified disabled individuals. Enlist the assistance and support of recruiting sources (including state employment Security agencies, state vocational rehabilitation agencies or facilities, shel- tered workshops, college placement officers, state education agencies, labor organizations and organiza- tions of or for disabled individuals) of the City of Mound's commitment to' provide meaningful employment op- portunities to qualified disabled individuals. Establish meaningful contacts with appropriate social service agencies, organizations of and for disabled in- dividuals, vocational rehabilitation agencies or facilities, for such purposes as advice, technical as- sistance, and referral to potential employees. Review employment records ko determine the availability of promotable and transferable qualified known disabled individuals presently employed, and t° determine ,5. 'whether' ~heir present and potential skills are being fully utilized or developea. 7. Take positive steps to attract qualified disabled per- sons not currently in the workforce who have requisite skills and can be recruited through affirmative action measures. Internal Dissemination of Policy Realizing that an outreach program is ineffective without adequate internal support from department heads and super- visory personnel and other employees, who may have had limited con~act with disabled persons in the past, and in order to assure greater employee cooperation and participa- tion the City of Mound shall disseminate this policy inter- nally as follows: Include it in its personnel policies. Department Heads shall schedule meetings with all employees to discuss policy and explain individual employee responsibilities. 3. Meet with union officials to inform them of the City of Mound's policy, and request their cooperation. 4. Include nondiscrimination clauses in all union agree- ments, and review all contractual provisions to ensure they are nondisciminatory. 5. Include articles on accomplishments of disabled workers in City publications. 6. Post the policy on company bulletin boards, including a statement that employees and applicant's are protected for coercion, intimidation, interference, or dis- 'crimination for filing a complaint or assistance in an , investigation under the Minnesota Human Rights Act. Responsibility for Implementation Edward J. Shukle, Jr., City Manager has been designated director of Mound's affirmative action activities. His identity shall appear on all internal and external com- munications regarding the City of Mound's affirmative action programs. Edward J. Shukle, Jr. has been given necessary support to manage the implementation of this program includ- ., lo -38- ing the following activities: 1. Develop policy statements, affirmative action programs, and internal and external communication techniques to be certain the City of Mound's policies are being fol- lowed. In addition, superVisors shall be advised that: a. their work performance is being evaluated on the basis of their affirmative action efforts and results, as well as other criteria; and b. the City of Mound is obligated to prevent harass- ment of employees placed through affirmative ac- tion efforts. 2. Identify problem areas in conjunction with Department Heads and known disabled 9mployees, in the implementa- tion of the affirmative action plan, and develop solu- tions. 3. Design and implement an 'audit and reporting system that will: a. measure effectiveness of the City.of Mound's plan; b. indicate need for remedial action; c. determine the degree %o which objectives have been attained; d. ensure that each department is in compliance with the Minnesota Human Rights Act. 4. Serve as liaison between the City of Mound and the Min- nesota Department of Human Rights. 5. Serve as liaison between the City of Mound and or- ganizations Of and for disabled persons, and arrange for the active involvement of City representatives in the community service programs of local organizations of and for the disabled. Keep.Department Heads informed of the latest develop- ments in the entire affirmative action area. Development and Execution of Affirmative Action Programs The Affirmative Action Plan for the City of Mound shall be developed and executed as follows: 1. Job qualifications requirements reviewed shall be made available to all employees involved in the.recruitment, -39- screening, selection, and promotion process. The City of Mound shall evaluate the total selection process including training, and promotion to ensure freedom from stereotyping disabled persons in a manner which limits their access to alI jobs for which they are qualified. All personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes shall be carefully selected and trained to ensure that the commitments in its affirmative action program are implemented. Disabled employees shall be made available for par- ticipation in career day~, and related activities in the community. Edward J. Shukle, Jr., City Manager Date 'screenlng;.selection, and promotion process· The City of Mound shall evaluate the total selection process including training and promotion to ensure freedom from stereotyping disabled persons in a manner which limits their access to all jobs for which they are qualified. Ail personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes shall be carefully selected and trained to ensure that the commitments in its affirmative action program are implemented. Disabled employees shall be made available for par- tiCipation in career days, and related activities in the community. Edward J. shukle, Jr., City Manager Date -40- " XIII. ~PPENDICEB Appendix No. 1 Appendix No. 2 Appendix No. 3 Appendix No. 4 Appendix No. 5 Recruitment Resources Media Sources Sample Letter to Suppliers, Vendors, and Contractors Indicating the'City of Mound's Affirmative Action Policy Sexual Harassment Statement of Policy Equal Opportunity is the Law Poster APPENDIX NO. I RECRUITHENT RESOURCES Grace Jaggers Occupational Skills Training Center 1006 West Lake Street Minneapolis, MN. 55408 (348-4037) Labor Education Advancement Program Minneapolis Urban League (South Office) 4098 East 38th Street Minneapolis, MN. 55409 (827-5673) John Brunier Labor Education Advancement Program Minneapolis Urban League (North Office) 1210 Glenwood Avenue North ' Minneapolis, MN. 55404 (347-2530) Upper Midwest American Indian Center 1113 West Broadway Minneapolis, MN. 55411 (522-4436) Job Bank 5th.Floor 390 North Robert Street St'Paul, MN. 55101 (296-8400) APPENDI~ NO. 2 ~EDIA SOURCES Laker Newspapers 2310 Commerce Blvd. Mound, MN. 55364 Minneapolis Star Tribune 425 Portland Ave. Minneapolis, MN. 55415 St. Paul Recorder 393 Endicott Bldg. St. Paul, MN. 55101 St. Paul Pioneer Press & Dispatch 55 E. 4th Street St. Paul, MN. 55101 Minneapolis Spokesman 3744 - 4th Ave. So. Minneapolis, MN. 55401 APPENDIX NO. 3 SAMPLE LETTER TO SUPPLIERS, VENDORS AND CONTRACTORS INDICATIN~ THE CITY OF MOUND'S AFFIRMATIVE ACTION POLICY The City of Mound, Minnesota, hereby notifies all sub-grantees, contractors, and vendors with which it does business that it has adopted a policy that will not discriminate in employment prac- tices on the basis of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; that it has agreed to take affirmative action to recruit minorities, women and hand- icapped persons into its employment; and that it will transact business only with firms who have adopted similar non- discriminatory and affirmative action policies. Please inform us of the following information by (date): The number of employees in your firm. Has your firm filed the Equal Employment Opportunity Information report EEO-l? Has your firm adopted the written Affirmative Action Program? If your firm has adopted an Affirmative Action Program, has your program been subject to Federal equal oppor- tunity review? S~ncerely, City Manager "An Affirmative Action/Equal Opportunity Employer" APPENDIX NO. 4 SEXUAL HARASSMENT STATEMENT OF POLICY POLICY AND PROCEDURES REGARDIN~ SEXUAL HARASSMENT It is the policy of the City of Mound to maintain a work environ- ment that is free from sexual harassment. Sexual harassment shall consist of unwelcome sexual advances, requests for sexual favors, and other inappropriate verbal or physical contact of a sexual nature when made by any member of the City staff: .. (a) When submission to such conduct is made, either ex- plicitly or implicitly, a term or condition of an individual's employment, (b) When submission to or rejection of such conduct by an individual is used as the basis for employment deci- sions affecting that individual, or (c) When such conduct has the purpose or effect of substan- tially interfering with an individual's professional performance or creating an intimidating, hostile, or offensive empl'oyment environment. In carrying oUt this policy, the City recognizes that sexual harassment is a form of sexual discrimination and as such is sub- ject to applicable state and federal laws. OCZDU S The City of Mound will maintain a work place free of sexual harassment and .intimidation. Employees are urged to report any flagrant actions or unwanted advances of fellow employees. If complaints are made, the City will independently investigate the allegations; and i~:the facts appear to support such a complaint, immediate action .will be taken including, but not limited..to, discipline, warning, suspension, or termination of the offending personnel, pursuant to statutory prerequisites. The City Manager shall be responsible for investigating all'complaints. If a com- plaint is filed against the City Manager, the City Council shall appoint an independent investigator to review the complaint and to report directly to the City Council. Employees who experience sexual harassment in the course of their employment should make it clear to the offending party that such behavior is offensive to them and bring it directly to the atten- tion of the appropriate supervisor... Any.person who alleges sexual harassment in the City must report it directly to his/her department head. The City's employee grievance procedure may be used in addressing such problems. The.' .filing of a grievance or other report of sexual, harassment will not'affect the individual's employment status, nor will it affect their future employment or work assignments. INFORMATION Sexual harassment may include, following: but it not limited to, the Verbal harassment or abuse of a sexual nature; Pressure for sexual activity; Repeated remarks with sexual or demeaning implications; Unwelcome touching; or Suggestions or demands for' sexual involvement accom- panied by implied or explicit threats concerning one's job.. Protection from harassment in the course of employment is provided in the following categories: Harassment by supervisors or persons with management authority; Harassment from peers or co-workers; and Harassment by way of a sexually degrading work environ- ment. APPENDIX NO. 5 Equal Employment Opportunity is... .% P:ivwte i~mployment, State anal CrOv~:T~m :nt, Zduca~io~ I~titutio~ Don't. mploym.ent .OppOrtumty · ~s the Law! BILLS ...... NOVEMBER 29, 1988 Batch 8111 Batch 8112 59,764.16 57,979.19 SuperAmerica Oct gasoline 708.21 TOTAL BILLS 118,451.56 A?-C02-01 VE?. ~DOF~ INVOICE DUE HOLD :j .r. L" "x ~.; A L F?:E-F'A ] D B05~9 PRE-PAID BD.I.BOY Cu~rOF:A~ *0,~ VERDOR TOTAL B0..¢:0 FRE-PAID 11/15/88 11/!5/D8 BiLL CLARK OIL COMPANY VD~R TOTAL ~.l/~.~ LID 2,174.62 uXHL'CD 2174.62 I~429.49 GASOLINE 1,42%49 JR~-CD 1429.49 toro 0!- I I010 t429.49 CC~959 PRE-PAID 100.00 CERTIF!~TES-87 DANCE 0!-2300-0220 11/15/88 11/15/88 100.00 ~NL-CD 1010 100.00 C~,,,,AE~D~~l,~,~r, ~EAllER ~ENDOR TOTAL C0888 PRE-PAID 11/15/88 11/15/G~ ~ITY COUNTY CR~IT ~ION VD(DOR TOTAL 100.00 2~705,00 2,70~,00 2705,00 UNION lb/2? PR JRNL-CD 01-2040-00~X) 1010 2705.00 C0920 PRE-PAID 18.43 10.00 11115/88 11/15/88 28.43 REPLEN P/C-LIQ PJEPLEN P/C-LID-LAWN ~W ~-CD 71-7100-Z!00 71-7100-4210 1010 ~.43 CITY OF M~ND VEN[~R TOTAL 28.43 C0960 COAST TO CIO01 PRE-PAID 11/!5/88 11/15/88 VD~DOR TOTAL PRE-PAID 11115/88 1!/!5/88 PRE-PAID ~/!5./85 '' ~'~ 1~11.:,/,:,o 18.14 39192 4.63 5.99 16.50 40.98 24.~ 12.13 104.18 124.~ 106.88 1(~.88 106,88 12.60 435.00 ~7.36 39.49' 7.51 13.00 435.00 1,882.28 1882.28 '~ '4c ~A 2,145.08 8!,89 5?49.49 6,031.38 PLYWOOD - PAINT DCT SUF'PL!ES OCT SUPPJES DCT SUPPLIES OCT SUPPLIES PHDNE ~ONE OCT SUPPLIES ~T SUPPLIES OCT SUPPLIES OCT SLePt. lES OCT SUPPLIES OCT SUPPLIES OCT SUPPLIES WATER SOFIB4ER CBD:WIRE-CORD-LIGHT$ PAINT-O~'~R~'TEMIX OCT SUPPLIES OCT S~PPLIES ~TER SOFT.ER JRNL-¢D SIT 10/29 PR JRNL-CD OCT SALES TAX ~T SALES TAX '' JRNL-CD 01-4140-2200 01-4290-~50 01-4290-2300 01-4340-~00 01-4340-2300 01-4340-3~Q 01-4060-~O0 01-4280-2~00 01-4320-2200 73-7300-2200 78-7800-~00 01-4280-220(1 01-4270-22-00 73-7300-~O0 78-7800-5000 40-6000-2200 2.2-4170-~O0 78-7800-2300 01-4270-?700 73-7300-5OO0 1010 01-2040-0000 1010 7~ .,5, ~ 0 .... 7!-35~-0000 !010 18..~.28 2145.08 cO.,1 ..:,o ;,t:S:_ 2 A='-£02-01 ' ......... ' ..... DUE NO. tNVOtCr NME~ [~,-_ DATE S:ATU~ J 3 U,:::1 ~L COMMIS$!O~ER GF REVENUE VD(DOR TOTAL DI152 PRE-PAID ll/!woc ...... DAIN B~S~ORTH, iNC VENDOR TOTAL D1219 PRE-PAID 11/15/88 1i/!5/88 DB. BERT RUDOLPH V"¢DOR TOTAL D!259 PRE-PAiD 11/15/88 11/15/~ SEPT OF NATURAL RESOURCES VB'E~OR TOTAL E1429 PRE-PAiD 11/15/88 1!/15/S~ PRE-PAiD lt/15/88 11/kAo ED PHILLIPS & SONS VDE~R TOTAL 61955 ~E-PAID 11/15/88 11/15/E~ GREAT ~ST LIFE ASSL~ANCE ~NDOR TOTAL 61971 PRE-PAID 11/15/~ 11/15/88 GROUP HEALTH PLAN VDDDR TOTAL 61972 PRE-PAID 11/15/88 ~ ' 11/1./o8 PRE-PAID 11ti5/88 !l/!5/~g PRE-PAID TOTAL 3,700.00 R~UND ~:R PYHT-INV 663 ~., w'..(.~ no JF',NL-CD ..,TuO,OO !00,63 11.5 rna ~,~I~AC! 8,36 MILEAGE i0S.99 JRNL-CD 108.~ 50.00 [~GE PERMIT DNR 50,00 ¢~L-CD 50.00 i,$93.47 LIQ 64.55 WINE 30,31- DISC 1,5!7,71 JR.,~/u-CD 701.~ LID 7.01- DISC 693.~ JRNL-CD 2211.70 t,023.00 1,0~.00 15.35 15.35 15.35 1,~9,41 39.99- 11.70 1,971.12 7.03- 4.~5 349.55 910.42 18.21- 5,06 897.27 DEF COMP 10/29 JNI.-CD HOSP [ED 10/~ PR JRNi.-CD LIQ DISC F~T ~NL-CD WINE DISC FRT DISC FRT u~NL-CD 84-3810-0000 1010 3700. O0 !0!0 101% ?~ · 10!0 50.00 71-7!00-9510 71-71~-9520 71-7100-9560 1010 71-7100-9510 71-7100-95~ 1010 1517.71 693.~ 01-2040-0000 1010 10~.00 01-2040-0000 1010 15.35 71-7100-~i0 71-7100-9560 71-7100-9600 1010 1971.12 71-7100-9520 71-7100-9560 71-7!00-9600 1010 7!-7100-9510 71-7!00-9560 71-7100-9600 1010 E~7.27 INVOICE' DUE HOLD "~ ""' '"' DATE ~'~c,. ~i'.:,C.',~: ~w~c,,.,,.,, n~T=..,,,_ STATUS' F-'L:P C H A S E t,~ I ~ ; wL'NL H~'~N CO~urrur,, & COLLEC% Vr.~D~n TOTAL H~ .... PRE-PAID 12~01 11/15/88 11/15/8~ VE~OR TOTAL PRE'PAID 11/15/88 11/15/88 I~A RE-rlR~ CORP YDID~ TOTAL ¢2~1 PRE-PAID 11/15/88 11/15/E8 JOHN TAFFE VEND~ TOTAL d2~9 F~E-PAID 11/15/88 II/15/E8 PRE-PAID 11/15/88 11/15/E8 JOHN~N BROS WHOLESALE LI~ VD~DOR TOTAL I_2.'~!7 PRE-PAID 11/15/88 11/15/88 ~ &~FORCEM, B~TLABOR SE'R* VENI}~ TOTAL L28~ PRE-PAID II/15/~9 11/15/~ LEAGGE O= MN C!TI~S ' VDE~OR TOTAL PRE-PAID 11/t5/88 II/15/88 M~ CEN,'F.B HEALIIH PLAN VENDOR TOTAL M3170 ~RE-PAID 11/15/88 11/!5/88 240.00 L~BOn-COMruST SITE ~83.50 CEM£~RY MA!NT 32.70 CITY HALL MAINT ~6.20 JRNL-CD 5=6 ~0 ~o.0~ DEF COM2 10/29 PR 538.06 dRNL-CD 1.'7..,0 17 COI~i'F~qCT HRS 60.00 8 COKI'RALT ~S 187.50 OR~8_-CD 187.50 1,917.16 LtQ 743.66 WI~E 45.8% DISC 32.50 FRT 2,647.43 ~%NL-CD 1,189,17 LiQ 698.~ WINE 30.7% OI~ 30.50 ~T 1,887,~ JR.-CD 39.00 39.00 39.00 50.00 50.00 50 ;00 70...c, 70.08 70.08 7~q' ~fl a,7~,~0 LtNION DED 10/29 PR JOE-CD POLICY MTG JRNL-CD HOSP DED 10/29 PR ~NL-CD OCT SAC JRNL-CD .. 0!-2040-000:} 01-4~,0-1~.. 80-8000-1300 Ol-~ofl.~5,nO 01-20~3-0000 1010 01-;060-3100 01-4340-31~: 1010 71-7100-9510 71-7100-9520 71-71~-9560 71-7100-9600 10!0 ' 71-7100-9510 71-7100-9520 71-7100-9560 71-7100-96CX} 1010 01-2040-0000 1010 01-4040-4120 1010 01-2040-0000 1010 78-2304-00~ 1010 ~8.06 187.50 2~7.43 1887.~ 0--"9.00 50.00 M3401 PRE-PAID 299.00 1 I/15/88 1 i / 15/88 288.00 MN RET!R=:~T SYSTEM VE~DOR TOTAL 288.00 M3455 P~-PA!D 54~.65 1,/..,!oo 11/15/88 ~" '~ ~ r.: .... VENDOR TOTAL ~ ...~. P3950 PRE-PAID 5,716.45 11/;¢/,¢.~ 11/15/88 5,716.45 P E R A ~ND~ TOTAL ~16.45 P4030 PRE-PAiD 365.64 11/!5/88 11/15/88 365.~ PHYSICIANS OF ~ W~OR ~OTAL ~55.64 P4102 PRE-PAID ~.~ 11/!5/88 11/15/~ ~0.00 P~D PAVING I~ ~R TOTAL ' 500.00 P4115 PRE-PAID 88.5~ 11/15/89 11/15/~ 88,~3 PRUD~IA& INS~2NCE COMPA VBESR TOTAL 88.33 Q4~71 PRE-PAID 2,080,08 240.00 43.99- 2,276.09 DESSR:PTiON DEF COMP !0/27 PR dR~&-CD b~lON DED 10/27 PR JRNL-CD P~ 10/29 PR ,~NL-CD ~3SP DED 10/29 PR JRNL-CD REPAIR 4994 MANCHESTER JR~-CD LIFE INS DED 10/~ PR dR~_-CD LIQ WINE DISC u~NL-CD 11/15/88 11/15/88 PRE-PAID 1~674.~ LIQ 139.45 WINE 3~.87- DiSC 11/15/8.8 11/15/88 1,7-/9.40 ,~:,%-CD QUALITY WINE & SPIRITS VB~DOR TOTAL ;055.49 R4257 PRE-PAID 148.00 16 CO:~ffRACT HRS 11/15/88 11/15/88 148.00 JB~L-CD RO~E,RT E dOHNSCN VENDOR TOTAL 148.00 R4300 F~E-PAID 60.00 GO~ TOURN REIMB 103.50 ROTARY [q]ES !0-I1-12 11/!5/88 11/1,,/.>: 1~.'..,:0 ~,NL-Cu Ru.,.RY.._~.,r' ,~'~ OF,,uU,'~D _ . .. TOTAL lb~....u S4370 F'%-F'AID 68.85 !2-!-2 HOSP-STUTSMAN OI-20zO-O000 10!0 :2.00 01-2040-0000 1010 54¢.65 01-2040-0000 1010 5716.45 01-20~-00~ 1010 ~.5.64 01-2300-00(~ 1010 500.00 O1-2(~O-O0(xl I010 ~9.~ 71-7100-~10 71-71(Q-952Q 71-7100-~560 1010 71-7100-9510 71-7!00-75~ 71-7100-~60 1010 ~76.09 1779.40 01-4060-I3(~J I010 01-1190-0000 01-4()40-41C~ 1010 1~.50 %-4190-1510 INVOICE ~UE HD_D l~O, I~,~VO~TCE NMBR £~TE DATE STATUS !1/15/88 1!/15/$8 VENDOR TOTAL S4500 PRE-PAID 11/15/88 11/15/88 STATE DANK OF MOUND VENDOR TOTAL S45!1 PRE-PAID 11/15/88 11/15/88 STATE CAPITOL CREDIT UNION gE~qOR TOTAL T4780 PRE-PAiD 11/15/88 11/15/~. THRIFTY SNY[ER DRUG NO4 VENDOR TOTAL ~560' PRE-PAID 11/15/88. !1/!5/$~ WESTDNKA F~DS VENDOR TOTAL Z6138 ~PRE-PAID 11/15/~ 11/15/88 ROGER BDNNICKSEN W_I'E~OR TOTAL TOTAL ALL V"EN[8R$ P~'F;CUASE CITY OF 137.70 137.70 9,784.76 ?,784.76 ~784.76 418.60 418.60 7.07 7.07 7.08 7.08 7,94. 36.24 68.38 ~,31 118.69 118.69 1,700.00 1,700.00 1700.00 DESCRIPTION 12-1-2 HOSP-KOPP JR!,~-CD FIT I0/~ PR ~),L-CD CR UNION 10/29 PR JRNL-CD SUPPLIES-BULLETIN BOARD SUPPLiES-BL)LLETIN BDARD SUPPLIES-BULLETIN BOAP3 SUPPLIES-BULLETIN BOARD FILM CDUNCIL I'Ft'G SUPPL SUPPL JRNL-CD RELEASE ESCRDW-BONNICKS~ JRNL-CD 59,764.16 01-404K)-15!0 1010 01-20~0-0000 1010 01-2040-0000 1010 73-7300-~00 78-7800-2200 01-4280-~00 01-4290-22fX1 01-4140-2200 1010.- 01-402~-~) 22-4170-~00 1010 01-2300-07&9 1010 1:]:7.70 9784,76 418.60 ~.24 1!8.69 1700.00 A~O-MN 11/18/8,.°. 11/18/E8 VB;E)0R TOTAL ,:,~,i., TRAYS 28.¢7 OFFICE SUPPLIES 94,47 O~FICE SUPPLIES 19,08 OFFICE SUPPLIES 16,50 OFFICE ~PPLIES 52.50 GFFiCE SUPPLIES 8.25 OFFICE SUPPLIES 40,42 OFFICE SUPF%!ES 40.42 OFFICE SUPPLIES 44,25 OFFICE SUP~iES 7,74 OFFICE SUPPLIES 12.48 OFFICE SUPPLIES 21.45 OFFICE SUPPLIES 475.6~ J~NL-CD 4~. 69 0!-4040-2100 0!-4070-2100 0!'4!40-2!00 01-Z190'2!00 7~-7!00-2100 73-7300-21~ .78-7800-2100 o!-47o-22r×~ o!-4o6o-21oo ol-432o-21oo lOlO AOIIO 11/18/88 11/!8/88 69.07 FUE~LATDR 69.0~? dR.-CD 78-7800-2300 1010 AIR HYDRA)IIC SYSTEM VE)~LIOR FOT~ 69.09 A0240 11/18/88 11/18/88 o ~,00 PPD DUES-AM~ ~R WOO( 58.00 dF~L-CD 7o-l~,.J-O000 I010 A~-RICA~ WATER, WORKS A~N V~T~]R TOTAL 58,00 A0331 lt/18/8~ 11/18/88 53.02 E-MPL &~ICATI~S 53.02 dRNL-CD 73-7300-2!20 1010 AMST~DAM PRINTING VENDOR TOTAL 53,02 B0702 11/18/88 11/18/~ BRIN N~)RTHWESTERN GLA~ CO VENDOR TOTAL 92.07 MIRROR 92.07 ,~NL-CD 92.07 10!0 CO~O 11/18/88 11/18/88 CARGILL SALT DIVISION V1S'4DOR TOTAL C0858 11/18/88 11/18/88 2,190.98 87.78 T DEICING SALT 2,190.~ JRNL-CD 2190.98 185,99 CARBURETOR-UNIT 13 185.99 ~',q.-CD 01-4280-~40 1010 78-7800-3810 1010 AUTO STORES, VB4~OR TOTAL 185,99 CO'iPUT~:V!CE..,,,,;~'~ iI IO/O8 . / '-v'-' 11/18/88 ~w,, TOTAL 907.00 LEASE ~o.vv~')~ ^^ HOWE MAINT 1,4!2.00 '~'"' ~ 1412,00 0!-4075-50~) 1010 1 ....." /lOfC'o 1/!;,/c.., 11_.,.,. ..... 48.00 ,REPAIR PHOfE-MGR 48,00 RF. PAIR ~ONE-F!N' 96.00 JRhL-CD A F'- C 0".'2 - ') I V=~.un I~'~OiCE DUE HOLD nw. tN¥O!CE D~;~.-,R DATE DA"~ S A,UD F'U2CHASE CITY AY. OUNT [,..,.ZI. TI~ JOURNAL 'l C~,~ :Nm~TAu TEL?HONE :-~D., ';-,max. TOTAL C1077 11/18/88 11/18/~ CG~,~IN~TAL llELEF~ONE VENDOR TOTAL Dl1~0 11/18/88 11/18/88 DAVIES WATER EQUIPMENT VENDOR TOTAL Fl710 FRANCENE CLARK G1790 GARY LOTTON JA~T B~TRAND J2ill 11/18/88 11/18/88 VB/DDR TOTAL 11/18/88 11/18/88 VENDOR TOTAL 11/18/88 11/18/88 VENDOR TOTAL 11/1,./~ 11/18/88 JAUNICH ENTERPRISES JOHN BREITNER JCHN HENRY FOSTER, VENDOR TOTAL 11/18/88 11/18/88 VENDOR TOTAL 11/18/88 11/18/88 VENDOR TOTAL 96.00 I~.43 NOV TELE 99.97 OCT TELE CALLS 3.09 OCT TELE CALLS 1.18 OCT TEUE CALLS ~.~I NOV TELE 49.13 NOV TELE COMF~TER !!2.!6 NOV TELE 110.34 NOV TELE 180.24 INSTALL TELE-IP & MO CHG 68.25 INSTALL TELE-IP 807.30 dRNL-CD 807,30 638.46 12 METERS ~8.46 JRNL-CD 638.46' 19.00 ELECTION-LUNCH 3.50 CHA~ER MTG-11/3 7.50 CHAMB~ MTG-11/17 5.00 FILE FOR NOTARY~ 35.00 JRNL-CD 35,00 35,00 GLASSES REIMB PER CONTRACT 35.00 J~NL-CD 35.00 12.98 LMC MTG 12.98 JRNL-CD 12.~8 110.00 TRAILERS 1!0.00 JRNL-CD I10.00 521.10 FtMB INSPECTIONS 521.10 JRNL-CD 521.10 73.21 BAL OF FILTERS 73,21 o~N~-CD 73.21 207,39 NLFFS-BOLTS 01-4320-3220 0!-4075-3120 01-4!90-32Z) 01-4340-2220 ~-4170-32~) '~-4170-~220 71-7100-32Z) 01-4140-3~0 01-4340-3~20 A ~ 01-40~0-~%~ 1010 73-7300-2300 I010 01-4060-4120 01-40~-4!~ 01-4040-4120 01-4040-4100 1010 01-4140-3140 1010 01-4190-412~ 1010 Ol-~JO0-O~l 1010 01-4!90-3i~ 1010 78-7800-2300 1010 PA~E 3 AP-CO2-Ot FUR'CHASE dOUR!~AL CiTY OF ~::l'.~,.~, INVOICE DUE~,°~'=' INVOICE NNBR DATE UATE STAT~ A,'iSUT,]T DESCF, IPTION II/!S/88 1!/!8/88 207.39 J,q.~L-CD 1010 KAR ....... TOTAL £07.3? K2706 il/18/88 11/18/88 200.00 CO 15 L!GHTS-SXITC~ES 200.00 ~!L-CD 66-6000-3100 I010 KiLLMER ELEC~IC CO, INC ~DOR TOTAL 200.00 L2770 1!/18/88 II/18/88 7,75.00 PPD-LMCD DOCK RB;EWAL 7,245,00 JRRL-CD 81-1285-0000 !010 LAKE MTKA CONSERVATION DI~ VEt~OR TOTAL 7245.00 I.W21 11/18/88, 11/I8/E8 120,00 OCT INSPECTIONS 120.00 ~BNL-CD 0!-4I?0-3100 10t0 L~EN KOH~ VENDOR TOTAL 120.00 M3040 11/18/88 11/18/~. 1~5.00 DEC SUPPORT 135.00 JR)L-CD' 01-4075-3800 1010 MASYS CORF~RATION ~080 VENDOR TOTAL 11/18/88 11/18/88 135.00 966.00 OCT EN~ 28.00 OCT ENGR-80 S~JEE-T8 ~2.00 OCT ENGR-~ DREDGE-PF'D ,96.00 OCT ENGR-COBBLESTD~ E~ROW 28,00 OCT ENGR-MOR~ ES~OW 140.00 OCT EJtGR-CDDDDN ESC~W 112.00 OCT ENGR-CO 15 & LICdT$ 1,814.00 OCT ENGR-PW BLDG 428.00 OCT ~GR-DRUMMOND 112.00 OCT ~qOR-MSA RE~RTS C80,00 OCT ENGR-SANDQUIST S~ER 4,346.00 ~NL-CD 01-4190-31~ 26-~00-3100 8!-1285-0000 01-C~00-0962 01-~0-0~65 01-2300-0~66 66-6000-3100 ~-6000-3100 26-5700-3100 26-~00-3100 01-2300-0000 1010 MCCOMB8 F~)E RO~ ASSOCI, ~h~OR TOTAL M.3200 11/18/88 IlI18/E8 4~6. O0 165,00 FLASH TUBES 46.50 YELLOW TAPE .vO JF(NL-CD 211 = 01-4280-2310 01-4zoO-~uO 1010 M ID-..rT_~TRAL INC VEX"D(]R TOTAL 211.50 M3,.,O MDJ)JEGASCO 11/18/88 ~_~¥~r, TOTAL 83.79 OCT GAS 98,58 OCT GAS 64.08 OCT GAS !84.87 OCT GAS 93.48 OCT GAS 74.71 OCT GAS 270.4? OCT GAS 870.00 JR~-CD 870.00 73-73¢~-$720 78-~o00-..7~0 01-%:.,0-.,7Z~ 01-4~0-3720 7I-7!00-3720 ~-4170-37~ I010 PAS-' 4 AP-C02-01 IN¥OiC~' [,UE HOLD NO. I~VOICE NMBR DATE DATE STATUS PURCHASE CiTY gF M~:HD AMC~NT DESCRIPT!~N JOUFiNAL I 1 / 18/.S8 'i i 6.80 WATER, ANALYSIS 6.80 ~NL-CD 73-7300-3100 1010 MN VALLEY TESTING LABORATO VEND~ TOTAL 6.80 H3510 11/18/88 i1/18/~ MOU~E~ MEDICAL CLINIC VENDOR TOTAL 18.50 W/C--NELSON 9.25 W/C--N~uSON 9.25 W/C--N~SON 37.00 dRNL-CD 37.00 11/i8/8"8 11/18/88 HPLS STAR & 'FRIB~ VE]qD~ TOTAL 149.27 c,,r~ AD 149.27 JRNL-CD 149.27 73-7300-3410 1010 N3650 NCE 11/18/88, 11/18/~ VENDOR TOTAL 74.34 PAGER BAKERIES 74.34 JRNL-CD 74.34' ~-4170-~00 1010 N~O0 11/18/88 11/18/~ NORTHERN STATES ~W~ CO VD4DOR TOTAL 360.37 OCT ELEC 360.37 JRNq_ 'CD 360.37 73-7300-3710 1010 N3802 11118/88 11/18/88 NORTHERN STATES POWER VENDOR TOTAL 4,646,34 N~V ELEC 4,646.34 JRNL-CD 4646.34 01-4280-3710 1010 P4031 PHYSICIANS OF ~ 11/18/88 11/18/88 ~NDOR TOTAL 114.0(} 114.00 ~8.00 228.00 12-1-2 HOSP-WERTS !2-1-2 HOSP-R THARALSON dRNL-CD 71-7100-1510 01-4140-1510 1010 '! P4080 11/18/88 11/18/~ 25.70 25.70 ~%'.T REGISTR VOTER FORMS JRNL-CD 01-4060-3500 1010 POUCHER PRINTING VB~DOR TOTAL 25.70 S4430 · 11/18/88 11/18/E8 424.70 89.50 514.20 ~TTLE TAGS FiRE R~ORTS JR)t-CD 71-7100-2200 ~-4170-3500 1010 ) S~ PRINTING VD4DOR TOTAL 514.20 T~730 ) 36,32 296.24 1'~.27 11.35 · ~. 05 51.08 BUDG~ & NOTICES CABUE ORaN B. ECTION NOTICES LEGAL NOTICES AD FOR BIDS ADS FOR BIDS '' LEGALS-C~UMMOND 01-4020-35!0 01-4030-3510 01-4060-3510 01-4190-35!0 01-4270-3510 · 01-4~80-~10 26-5700-3510 PUF:CHAS.E JOUFiNAL CITY OF ~O'J4D ,l~v~:~; DUE HOLD , NO, INVOICE f.;M~R DATE DATE STATUS A~3jNT DESCRIPTION ACCOUNT N',_'.;'IE~EF; AME:~NT 1i/18/85 VEN~ TOTAL 17,80 EK~L AS 816.93 ~NL-CD 816,93 71-710u-o~u:~ lOiO T4790 11/!8/88 11/t8/88 89.44 89.44 JRNL-CD 1010 TH.'URK BROS CHEVROL~ ~NDOR TOTAL 89.44 T4929 11/18/88 I~,00 II:AK LOCATOR 175,00 dRNL-CD 73-7300-4200 1010 TRIANG~ ENGINEERING, IN(] Ve4.DOR TOTAJ. V5190 11/18/88 11/18/68 175.00 210.00 ~EPT COMPREH P~N 1,110.00 SEPT CO~ULT 1,~0,00 ~-CD 16-5894-3!00 01-41~0-3100 1010 VANDOR~-HAZARD-STAIIIN~ VEt4D~ TOTAL Ws3 o WACONIA R!DG~ID4 HOSPIT~ ~qEND~ TOTAL 1~0.00 940.00 940,00 940.00 CPR-~SPDND~ CDlJRSE ,.IRNL-CD 01-~00-02.~ I010 W5430 11/!8/88 II/18/~8 615,70 PIPES-RDDS-CLAJ'IPS 615,70 dP, NL-CD 1010 WA.17~ PRODUCTS COMPANY VENDOR TOTAl. 615,70 W55~0 11/18/8811/18/88 WESTONKA FIRESTONE VE~OR TOTAL W~90 11/18/88 11/18/~ WESTDNKJ SL~OL D!ST 27'7 ~NDDR TDT~ 297.90 2~7.90 297,90 14,212,00 14,212.00 14212.~ BATTERIES JRNL-CD 88 SB4i~ CE)fl'ER-CDBG JRNL -CD ~-4170-~f~ 1010 16-5888-41(Q '1010 W5630 1}/I8/88 11/18/88 2,100,00 293.50 325.00 130.00 2,~8.50 CO 110 BREAK HAW~DR~E BRF_JqK 5733 SUNS~ GRANDVIEW JNL-CD 73-73r~-3800 73-7300-3800 78-7500-3500 1010 WIDH~ INC VENDOR TOTAL 27.58,50 W5700 373,60 I,.,~0,00 140,00 240.00 1,609,00 550,00 10!.00 3 QTR LEGAL-HAZ-OAklAWN-ASSESS 3 QTR LEGAL-HYLAI.~ 3 QTR LEGAL-HAZ-FAtRFiELD 3 Q~ LEGAL-HAZ-TONKAWOOD 3 QTR LEGAL- 3 QTR LEOAL-DP~M(]N~ 3 QTR LEGAL-78 STRUTS 01- I 190-OOf)O 01-41 I0-3100 01-4110-::100 01-4110-3100 0!-4110-::.:100 26-5700-3100 .) PAGE 6 VENDOR IN~'OIC~' DUE HOLD NO. INVOICE NMBR DATE DATE STATUS WU~'~ST-F~ARS~-LARSON X~50 X~DX ~RPORATION ZOO01 KAROL CHARON Z6003 LEE MONI~_ON Z6004 ANN SCJ~W INOL~ Z6005 BA;~BA~ SIDES Z6006 8]NNI~ A~ERSGN Z6007 M~ION DAVI[E~ON Z6008 BETTY JOHNSON Z~-~}09 B~NI~ PU~ Z6010 11/18/88 11/18/88 VENDOR TOTAL 11/18/88 11/18/88 VENDC~ TOTAL 11/18/88 11118/88 VENDOR TOTAL 11118188 11118188 ~END~ TOTAL 11/18/88 11/18/88 VB~IDOR TOTAL 11/18/88 11/18/88 ~DOR TOTAL 11/18/88 11/18/88 VENDOR TOTAL 11/18/88 11/18/88 VENDOR TOTt 11/18/88 11/18/~ VENDOR TOTAL 11/18/88 1!/18/88 VB'~DOR TOTAL 11/18/88 11/18/88 CiTY OF o DESSRIPTION 275.00 975,00 ~5.00 6,578.60 698.60 614.00 706.31 I ,~0.31 t720.31 44.38 11/8 k'IECTION ~GE 44.38 ~N~_-CD 44.38 58.58 11/8 ELECTION JUDGE ~.58 ~NL-OD 58.58 80.33 11/8 ELECTION dUDGE 80.33 ~NL-CD 80,33 90,33 11/8 ELECTION JUDGE 90,33 ~[~.-CD 60.36 11/8 ELECTION JUDGE 60,36 ,.RNL-CD 60.36 44.~ I1/8 ELECTION ~.38 d~L-CD 44.~ 58.58 11/8 ELECTION dLE~]E 58.58 JRNL-CD 58.58 11/8 ELECTION JUDGE ~,~..'8~-CD 58.58 56.80 11/8 B. ECTiON JLE~GE 56.80 ~'.NL-CD JOURNAL 3 QTR. LEGAL-F'W BLDG 3 QTR LEGAL-WESTEDGE PURCH 3 QTR LEGAL-MORSE ESCRC~ ~NL-CD INK-DBYELDP~ FOR COPIERS OCT MAI[~-5~JO ~:NL-CD ACCOUNT NUMSER 28-6000-3100 60-6000-31¢~3 01-~00-0%5 1010 01-4320-2200 .OI-4~O-35CX) 1010 01-4060-1300 1010 01-4060-1300 1010 01-40~0-1300 i010 01-4060-1300 1010 01-4060-1~ 1010 oI-4o o-1 oo 1010 01-4060-1300 I010 01-4060-1300 1010 01-4060-13~ 1010 PR, E-PAiD AMOUNT PUOCHAS.E.. COU:~,'~, N A~. C:TY OF '~ INVO'i?CE DUE HOLD NO. INVO!~ N~BR :~ATE DATE STATU~, .AKG~NT DESCRIPTION PRE'PA:: FRAN '=' '*'""'""' .... ,.,~'~Mr~mur,~ v =.r~uur', TOTAL 56.80 Z6011 11/18/88 90.33 11/8 ELECTION JUDGE 90.33 ~XNL-CD 01-4060-1300 1010 ROBERT CARLSON VENDOR TOTAL 90.33 Z6013 llll~/~o 11/18/88 60.36 11/8 ELECTION JUDGE 60,36 JR:~-CD O1-40d~-l?~) 1010 '.) ,'~HIuN olLB~RT~NN Z~15 ARD~LE SKOGLUND '~NDOR TOTAL 11/!8/88 11/18/~8 VENDOR TOTAL 60.36 58.58 58.58 59.58 11/8 ELECTION JUDGE JRNL-CD 01-4060-1300 1010 Z6017 11/18/~ !!/18/~ 56,81 1I/8 ELECTION JUDGE 56.81 JRNL-CD 01-4060-1300 1010 MARSHA SMITH VENDOR TOTAL 56.81 Z6018 11/18/88 11/18/88 58.58 11/8 ELECTION JUDGE ~8.58 d~NL-CD 01-4060-13~0 1010 VIRGINIA J~DEE Z601~ DO$~THY O'BRIEN VENDOR TOTAL 11/18/88 11/18/~ VEN~E)R TOTAL 58.58 58.58 58.58 58.58 11/8 ELECTION JUDGE, ,JR)~-CD 01-4060-13~ 1010 .) Z~020 11/1./o8 11/18/~ 55.03 11/8 ELECTION JUDGE 55.03 JRNL-CD 01-~-!300 I010 SHIRLEY PHLEGER VENDOR TOTAL 55.03 Z602! 11118/~ 11/18/88 58,58 11/8 ELECTION JUDGE 58.58 ,JR)~-CD 01-4060-13~ 1010 AL SC. HWI qGL.-_R ZE422 VF.)E1DR TOTAL 11/18/6:8 11/!8/88 82.83 11/8 FIECTIDN JUDGE ~.83 JRf, L-CD 01-4060-1300 1010 SANDI ~YTCkqE VENDOR TOTAL 82.83 Z6023 11/18/88 11/i8/88 58.58 1!/8 m-.ECTION JJDo: .,8.~8 JR'-CD 01-40.~4)- 1 ~:~ 1010 ELSIE VE)QOR TOTAL Z6024 ~,..:~ GILMCRE !1/1o/o8 1i/18/~ VB'JDOR TOTAL 58.58 11/8 ELECTION ~..¢0 dRNL-CD .J.:,, 01- 4060- ! 3i~ I0!0 P~5 8 V~DOR INVOICE DUE HOLD ~0. tI'~DICE NMBR DATE DATE STATUS PURCHASE CITY OF ~i05~D JOURN.AL ACC_nU,~E NU~ER PRE-PAiD A,~OUNT Z6025 11/18/88 I1/18/88 55.03 11/8 ELECTION JUDGE 55.03 dRNL-CD 01-40~4-I300 10!0 dEANETTE JOHNSON ~ENDOR TOTAL 55.03 Z6028 EMMA BRANDENBURG 11/18/88 11/18/88 V~8}OR TOTAL · 58.58 11/8 ELECTION JUDGE 58.58 JRNL-CD 58.58 01-4060-13~ 1010 Z6027 HELEN MAXWELL Z6031 11/18/88 11/18/88 VENDOR TOTAL 11/18/88 11/18/~ 60,~ 11/8 ELECTION JU~E 60,36 d~NL-CD 60,36 61.24 11/8 DJECTiON JLrC~GE 61,24 JRNL-CD 01-~60-1300 1010 01-4060-13~ I010 KAII'iY DMAN Z6032 HOLLY BO~TROM VENDOR TOTAL 11/18/~ 11/18/~ VE]~E)OR TDTAJ. 61.24 47.50 11/8 ELECTION JUDGE 47.50 JRNL-CD 47.50 01-406,0-1300 1010 Z6150 11/.18/~ 11/18/~ VENDOR TOTAL 63,91 11/8 ELECTION JUEqSE 6.3,91 ~NL-CD 01-4060-1300 1010 · · ') Z61~3 11/18/88 11/18/88 58.58 11/8 ELECTION 58.58 J~-CD 01-40~-13~ 1010 .) PHYLLIS ORN Z6154 ~ZANNE CLARK VENDOR TOTAL 11/18/88 11/18/88 ~OR TOTAL 58.58 44.~ 11/8 E].ECTION ~ ~-CD 01-4060-1~'~f)0 1010 --) Z6155 11/18/88 11/18/~ ~,03 11/8 E1.ECTION ~ ~,03' ~NL-CD 01-4060-1300 1010 JEAN ROBINSON VElqDOR TOTAL 55,03 Z6156 11/18/88 11/18/~8 65.68 11/8 ELECTION JUDGE 65.~..9 dR.-CD 01-4060-1300 1010 .) CLIFFORD WILSON Z61~ BOB BYRh£S VENDOR TOTAL 11/18/88 11/18/~ ~ENDOR TOTAL ~.68 62.13 62.13 62,13 1!/8 ELECTION JUDGE o~4L-CD 01-4060-1300 1010 'D -) NO. INVOI2E N~iF'R DATE [;ATE dLB!E ME'SICK Z6157 PHYLLIS RUDSuPH Z6160 M~CELLA HALL Z6161 SANl)RA WILSEY Z6162 PATRICIA MEISEL Z6!64 DELORES MAAS Z61&5 JEROME LONGP~' Z6166 BEi'FY STR~NG Z6167 ELLEN SCH. OL. Bt Z6!68 EDY~HE KOENIG Z6167 MARTIN GILMORE ~6:70 VENDS: TOTAL 11/18/88 11/18/88 VENDDR TGTAL 11/18/88 1!/18/88 VENDOR TOTAL 11/18/88 11/18/88 VENDOR TOTAL 11/18/88 I1/18/~' V~OR TOTAL 11/18/88 11/18/88 V~'~I)OR TOTAL 11118188 11/18/~ VENDOR TDTAL 11/18/88 11/18/88 VEh~DOR TOTAL 11/18/88 11/18/~ VENDOR TOTAL 11/18/88 11/18/88 VENDOR TOTAL 11/18/88 11/18/88 VENDOR TOTAL PU~CHAS'E JOURNAL CITY ~: ..i,uUNT 58 ~' 58.58 58.58 58.58 53.25 60.36 60,36 60,36 84,08 6~,08 84,08 61.24 61,24 61,24 58.58 58.58 58.58 58.58 58.58 58,58 44,38 4.4.38 44,~ 56.81 56.8I 56.81 17,05 17.05 17,05 56.81 !i/8 ELECTION JUDCE ~:NL-CD 11/8 ~ECTION u~GE JRNL-CD 11/8 ELECTION JUDGE ~RNL-CD ~1/8 E_ECTION JUDGE JRNL-CD 11/8 ELECTION dUDGE 11/8 ~!ECTIDN JUDGE JRNL-CD 11/8 EI.ECTIDNJUDGE d~NL-CD 11/8 ELECTION ~qJDGE dR,-CD 11/8 ELECTION JUDGE dRNL-CD 11/8 B. ECTION JLE~GE JRNL-CD 11/8 8_ECTION JUD~ ~-CD 11/8 ~ECTION JUDGE 01-4060-1300 1010 01-4060-13(>3 1010 01-4060-1300 1010 01-4060-1300 1010 01-4060-1300 1010 0!-4060-13~ 1010 01-4060-1300 1010 01-4060-1300 1010 01-4060-1300 1010 01-4060-I300 I010 01-A060-1300 1010 01-4060-13C~d PASE VENDOR i~O. INVOICE I~BR ~-[TY LANSING Z6171 ADELMA OSLU)~ PURCHASE dOURNAL CITY OF ~OUND INVOICE'' DUE HOLD DATE DATE STA~JS A,-~OLI~ ~ 11/18/88 11/18/88 56.81 V~DOR TOTAL 56.81 62,13 11118/88 11/18/~ VENDO~ TOTAL TOTAL ALL VD~IORS DESCRIPTION dRIP-CD 11/8 ELECTION ~UI}GE 62.13 .~NL-CD 62.13 57,979.19 ACCOUNT NUMJ~ER 1010 01-4060-1300 1010 PRE-PAiD AMOU~% .) ) CITY OF MOIJND 1988 BUDGET REF'ORT EX F'END I TIJRE:--; OCTOBER 198:=: :E:3- 3% GENERAL FUND E: o u n c ~. 1 Cable TV City Managep/C1 er.k E1 "r~ ~ - ~ i OhS Assessing Finmnce Computer Legml Pol ice Civil Defense P1 ~nning/I nspecti Recy,: 1 ing 8tr. eets 8hop & Stores City Property P~pks Summer. Re,zpe~t ion Cont&ngencies Tr-sr, s~eps BUriGET 46810 8390 116760 4¢)000 41800 134940 289';'0 97150 6/:,0410 2000 109450 17880 :364270 51860 83830 165430 7660 0 150'.-.-,' 90 OCTOBER YTD PER CENT EXF'ENSE EXPENSE VARIANCE EXPENDED 2272 35955 10855 76.81% 4 6529 1861 77.82% 11526 110257 6503 94.43% 3198 36319 3681 90.80% 105 44814 -:3014 107.21% 11710 118031 169'09 87.47% 1681 27482 1438 95.03% 4241 66997 '~' =~ '~ ._01.,.:, 6,:,.96% 517:]:5 520185 1402.5 78.77% 34 1.44 1E:~:,3 7.20% 9221 104948 4502 95.89% 1530 16248 1~ 2 90.87% :37151 292695 715-;5 80.35% 7385 45449 /:,~ I 87.64% 26162 96597 -123,:,7 115.23% 17655 140645 247:S5 85.02% 26:39 5021 34.45% 47 3901 -3901 9721 97208 53782 64.38% GENERAL FUND TOTAL 212:=:5 F;O- -. 1 '-.~ ='='._,.-, 7..~ '=' 176704:':: :2:61507 ::.:3.02% Area Fire Service Fur, d C 0 ITlITI 0 ri -~. ri ,:, ,: k s F u r, ,J iquor Fund W~ter. Fur~d :"]; ii' tiJ i.~ J" F I.J ri d 201430 14:361 155£)11 46419 76.96% 8,99'PC) 1579 68477 1513 '.:)7.84% 147520 126(.)1 1255/_-,7 2195:3 :E:5. 12% 29'.P/:,20 i 6499 24/:,2',EXE: 5:3:332 82. 20% 649640 91101 47498,:3 1746,77 7:_-,'. 11% GENERAL FUND I r, te r-,_~ ore r' nme Business Li cen,-es Nor,-Business Licenses -.lnd Permits Char- L~es sot L:;er-vices E:our t Fines E:hapges to tither Departments Other Revenue TOTAL REVENUE LtQUOR FUND 'WATER FUND SEWER FUND. BLIDGET 1 OCTOBER REVENUE CITY OF MOUND BLIDGET REVENUE REPORT OCTOBER ! YTD REVENUE VARIANCE 10:}300:=-: '4'F* 1124 541884 776'.:.')50 4108'~ 1 36605'.--.¢ 8510 46 6525 1985 100400 1144:} 83551 1684~ 37200 1135 26311 1088.~ ~0000 13457~ 68031 21 ~67~ 27280 137'.-.? 117:}4 15546 56'.-750 373 5686 51264 213027¢8 27835 1103L=:53 1026445 83.3% PER CENT RECE I VED 47.54% 52.89% 76.67% 8:3.22% 70.7:3% 75.59% 43.01% '~. '~8% 5 i. 82% 800000 70518 714439 85561 89.30% 315000 35877 :}0165/_-, 13344 95.76% 550000 49547 481486 68514 87.54% t,£ MO TO' FROM: DATE: RE: Board of ~.lanagers i4innehaha Creek Watershed District Eugene A. Hickok and Associates November 17, 1988 Lake Level, Flow and Precipitation Summary for October 1988. Lake levels in Lake Minnetonka have continued to decline through October as illustrated by the attached graph and lake elevations. There has not been any discharge fro~ Lake Minnetonka to Minneha~a Creek since November 17, 1986. Creek flow at the Browndale Ave. dam in Edina during October is shown below. The 30 year average precipitation for October at tile National Weather Service station in Maple Plain is 2.06 inches. 'The actual precipitation recorded in Wayzata for October was 0.88 inches. A summary of precipitation follows. PRECIPITATION SU~B1ARY SEPTEMBER 1988 Maple Plain Minneapolis-St. Paul Intern'l Airport W~zata Actual 30 Year Average -- 2.06 0.80 0.88 1.85 October 5 October 12 October 19 October 26 MONTHLY FLOW SUt~ARY Grays Bay (cfs) 0 0 0 0 Browndale Ave. Dam (cfs) 2.8 2.8 3.2 7.5 930.00 929.50 929.00 928.50 928.00 927.50 927.00 926..50 926.00 925.50 06--A LAKE MIhlNETON F,;A Water Levels 1987--1988. NOHW(929.¢) RUNOUT ELEVA'ftON(928.6) LAKE F'LEVATtC, N \ ~r-87 21 -Jul--87 26-Aug--870g--Nov-8704 -Apr--8803--Jun--88 21 -Jul-B8 06-$ep-D&.30--Nov-88 DATE ~C~D ¥ater Elevations - Lake ~tnnetonka Date Elevatio~ FID# Date Elevation Floe Date Elevation FIDe Date Elevation Floe Date Elevation FID, 08-Sep-87 g28.~2 0.00 i4-Sep-87 ?28.48 0.00 tD-Sep-87 926.~3 0.00 21-Sep-67 928.47 O.OO 25-SED-87 72e.44 26-$ep-87 928.42 0.00 05-0ct-87 ?28.32 J2-Oct-87 ~26.13 0.00 16-0ct-87 928.l& 0.00 20-0ct-87 926.15 26-Oct-D7 928.i2 0.00 O2-Nov-87 928.06 O~Oe O?-#ov-67 ~28.04 0.00 ID-Nov-D7 ~28.D4 O,O0 24-#ov-87 726,00 0,00 01-Dec-87 g28.JO '0.00 07-Dec-87 ?~a,08 14-Dec-07 g28.08 0.00 05-Jan-88 ?27.86 0.00 19-Jan-BB 727.8B O~-Feb-aB 927.96 IT-Feb-S8 927.94 0.00 2~-Feb-88 927.76 0.00 07-flat-88 927.96 0;00 JS-~ar-88 728.00 24-~r-88 929,06 o.oo 30-Ko-D8 ?28.08 0.00 04-A )r-08 928.14 0.00 06-A )r-88 928.16 0.00 II-A )r-B8 928.14 t~-A)r-66 ~28.1& 0.00 iD-Air-D8 ~28.~D 2~-A)r-D8 ~28.06 O.OO 28-A)r-88 ?28.08 0.~0 O~-~a-DS g28.00 0.00 O&-~a-88 g28.00 O.OO O~-~a -DS ~2844 l~-aa -80 ?28.04 0.00 17-~ay-a8 ?28.O0 24-~ay-88 ~27.~0 OoOO 31-~ay-D8 ~27.84 0.00 03-Jun-88 ~27.B0 O.OO 06-Jun-B8 727.76 0.00 O?-Jun-86 927.66 0.00 t~oJun-88 927.~8 0.00 ]&-Jun-B8 ?27.52 0.00 20-Jun-88 ?27.44 0.00 24-Jun-88 ?27.40 0.00 27-Jun-66 ?27.28 0.00 30-Jun-De 927.1B 0.00 O~-Jul-88 ?27.08 0.00 07-Ju1-88 927.06 O.C~ Il-Jul-68 72&.78. O.UO 13-Ju1-88 927.04 0.oo 13-Jul-SD 926.98 iD-Jul-D8 g26.?0 0.00 21-Ju1-86 ?2&.?a 0.00 2~-Jul-86 ~26;B6 0.00 2?-Jul-B8 ~26.D0 0.00 H-aug-DB 926.72 0.00 03-aug-aa 926.76 0.00 04-Aug-a8 926.96 0.00 IflOfE: The ~ero elevation for the ldke gauge oas adjusted do,n 0.22 feet. Ibis adJustaent .as fffectivl January 1.1~88. 08-au, l-D8 lO-~uq-88 926.88 12-Au,!-D6 ~26.84 i6-Aul '88 ~26.86 lB-Audi'88 ~26.78 22-Au~-88 ~26.&8 24-Au~-86 ~2~.68 2&-Am*S8 92&.62 $0-Rm-88 926.~4 Og-$ep-88 926.46 J2-Sep-68 15-Sep°68 lg-Sep-DO ?26.34 20-Sep-88 92&.42 26-$ep-68 ?26.34 SO-Sap*88 O~-Oct-88 926.26 lO*Oct-88 926.24 17-0ct-88 g2&.J6 20-0ct-88 926.14 ~l-Oct-D6. 926.04 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0,00 0.oo 0.00 0.00 0.00 0.00 0.o0 0.00 0.00 O.OO 0.00 O.O0 0.00 0.00 03-Nov-98 926.00 0.00 06-Nov-D6 926.02 15-#ov-88 f26.04 0.00 SIX M,O[4TH PRECIPITATION RECORDED t,4A'K 88 JUN. 85 JUL. 88 AUG. 88 .SEPT. 88 OCT. 88 MONTH ~'2"-'-~] MAPLE PLAIN A'VE. ~ WAYZATA. ACTUAL PRECIPITATION SUMMARY OCT. 87 NOV. 87 DEC. 87 JAN. 88 FEB. 88 MAR. 88 APR. 88 MAY 88 ~UN. 88 JUL. 88 AUG. 88 SEPT. 88 OCT. 88 MPLS. AIRF'ORT MF'LS. AIRPORT MAPLE PLAIN WAYZATA AVERAGE ACTUAL AVERAGE ACTUAL i. 85 O. 60 2.06 O. 84 1.29 2.07 i. 46 2.57 0.87 i. 25 O. 86 O. 79 0.82 i. 57 0,84 O. 96 O. 85 O. 50 O. 78 O. 19 1.17 1.55 1.52 1.5i 2.05 1.58 2..55 0.95 5.20 i. 70 5.95 1.46 4.07 O. 22 4.85 O. 10 5.5i i. i7 4.65 2.54 .-'%. 64 4.2'~ 4 · 09 .5.75 2.50 2.79 2.85 5.04 1.8 5 ,r~. 80 2.06 0.88 MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MEETING NOVEMBER 14, 1988 Present were: Chairman, Thomas Reese, Commissioners William Thal, GeoFF Michael, Kenneth Smith, Vern Andersen, Brad Sohns, William Meyer; Council Representative Elizabeth Jansen; City Planner Mark Koegler; Building inspector Jan Bertrand; and Secretary Peggy James. Absent and excused was Commissioner Frank Weiland. Also present were the Following interested persons: Frank and Nancy Buysse. Frank Matachek, Brad Blazevic. Andrea Ahrens, Rick Barlow, Bill and Dorothy Netka, and Donald Bonnfcksen. Chair called the meeting to order at 7:30 p.m. MINUTES MOTION made bY Andersen, seconded by Thai to accept the minUtes of October 24, 1988 as sul~nitted. Motion carried unanimously. BOARD OF APPEALS 1. Case No. 88-730: 2009 and 2017 Commerce Boulevard, Frank Buy.se; Mound Shoces, that part of Lots ll3, 114, IlS lyinq south of north 1,78 Feet thereof, PID #14-]17-24-14-00381 VARIANCE'; PARKING LOT SETBACK. Applicant, Frank Buysse was present. Recommendation by City Planner, Mark Koeqler This case was'tabled at the Planning Commission meeting on Oc- tOber 10', 1988, until the applicant could submit a scaled drawing of the area which will show parking lot layouts conforming to City ordinances with the exception that stall size can be 9' x 18'. Mr. Buysse submitted a plan which shows the existing striping pattern. The plan. however, does not represent an ac- ceptable desi'gn under normal site design standards. planning Commission Meeting November i4, iD88 Considering the width oF the 0arking lot, 28 Feet, marking must be installed at a 30 degree angle rather than the 60 degree park- ing shown on Mr. Buysse's plan. The Planner presented a plan which meets normal design standards. The three 90 degree spaces on the north end are conforming to the 9' x ]8' revised space size and adjacent maneuvering room is shown to allow access to all three stalls. Along the building, however, 30 degree angle stalls result in the creation of on]y 2 parking spaces in lieu of the 7 shown on Mr. Buysse's plan. Mr. Buysse's plan does not meet normal design criteria For park- ing ]ct design. IF the City determines that the application of normal standards should prevail, the existing lot should be repainted to reflect a total of 5 spaces instead of l0 spaces. Dfscussion: Members oF the Commission shared their experiences in attempting to park in the sta]ls as they exist. It was determined that it was difficult to maneuver in and out of the spots without driving on the neighbOrs property. Mr. Buysse stated to the Commission there have been no complaints by neighbors or tenants, and there have not been any accidents. Mr. Buysse wou)d like to keep as many stalls as possible, he is wil)ing to compromise and change the 'existing 7 stai)s on the south side to 5 sta)]s, but would not accept the suggested 2 stalls. Mr. Buysse presented pictures which showed cars parked within the existi.ng striping. Sohns commented that the pictures did not show three cars parked next to each other, and he did not think the car in the middle of the three would be able to back out without much difficulty. Chairman Reese suggested the striping be removed From the parking lot. The City Planner confirmed that striping is not required by the City. The Commission discussed limiting the number of cars allowed to park'in the lot, a number could not be agreed upon. Planning Commission Meeting November i4, I988 MOTION made by Thai, seconded by Michael to have no strip- ing, except for the exclusionary striping along the north side of the parking lot, and approve staff rec~endation as follows: The owner shall erect a wooden bun~er height barrier along the northern eOge of the bituminous paving within the limits of Mr. Buysse's property. The barrier shall contain a minimum post dimension of 6" x 6" and plans for the barrier shall be approved by the Building Offi- cial prior to installation. The owner shall place stgnage along or on the north side of the buildlng indicat!ng that spaces 4 through !0 as shown on the appiicants s!te plan are restricted to compact vehicles .only and shal 1 be further restr t cted to res i dent parktng on 1 y. If.desired by the adjacent land owner to the north, Hr. Buysse shall install a row of Pyramidal Arborvitae (Thuja Occidentsalis "Pyramiclalis") along the bumper fence on the adjacent land owner's property. If ap- plicable, a planting plan shall be submitted to the City Planner for review within 30 days of City Council approval of the variance and. plan the materials shall be installed by June l, !989. AI! plant materials shall carry a one year warranty and shall be replaced by Mr. Buysse during the warranty period if needed. Motion carrted ftye in favor (Reese, Thai, Michael, Jensen, Sohns), three opposed (Smith, Meyer, Andersen). Case .will appear before 'the City Council on November 29, 1988. The .three members who were opposed agreed the number of parking places should be limited. 2. Case No. 8'8-734: 1848 Shorewood Lane, Robert E. Evensen) Shadywood Point; Lot I6 & ]/2 of Lot 1~.~ .Block 3, PID #18- 117-23-23 0023; VARIANCE: SIDE YARD SETBACK. The Building OFFicial reported after FUrther investigation it was determined t~e.Variance was not needed. Planning Commission Meeting November 14, 1988 Case No. 88-736: 2539 Emerald Drive, Donald R. Bonnicksen; Shirley Hills Unit "B"~ Lot 7~ Block 6, PID #24-117-24-12 0041; VARIANCE: FRONT YARD SETBACK. Owner, Donald Bonnicksen was present. Recommendation by Building Official, Jan Bertrand: This case was tabled at the Planning Commission Workshop of Oc- tober 24th so the Commission would have proper time to review the case. The applicant is requesting a 8.1' variance from the unimproved Ruby Lane access to the southwest, and a 5.8' variance to Emerald Drive· Approval would allow structural repairs to a nonconforming 600 square foot dwelling on an undersized 6,500 square foot +/- lot, with a nonconforming front yard setback for the accessory building off of Ruby Lane· The long term plans of the. applicant are the ~cquisition of lot 6 which would make the parcel conforming, and to add on a 24' x 38' split level addition with conforming setbacks to the lot lines. At th.is time, the applicant is not requesting bringing this structure to minimum square footage of the zoning code. However, he has stated that his intent is to make the parcel conforming by the purchase of lot 6. When granting a variance, the criteria listed in Section 23.506.1 should be reviewed by the Planning Commission· If the variance is determined to be the minimum variance which would alleviate a hardship to the property owner, the following would be conditions for variance approval: No building permit,would be issued until the applicant would submit proof of ownership for lot 7 and lot 6, block 6, Shirley Hills Uni't "B". The entire structure would be brought to minimum current building code standards. The nonconforming accessory building would be removed or relocated with conforming setbacks to the property lines. The applicant may continue to add onto the structure with a future addition upon the condition that the addition meet all current zoning ordinance requirements. Planning Commission Meeting November ]4, I988 Discussion: Mr. Bonnicksen informed the Commission there will be no problem with purchasing lot 6, he is waiting to see the decision of the City Council. The Building Inspector added that the building permit will not be issued until he has a signed purchase agree- ment. Mr. Bonnicksen informed the Commission he has read the conditions on the Building Inspector's recommendation and has no problems with them, in fact he is planning on removing the old garage, but. would like to keep it For storage purposes until the new garage is built. Mr. Matachek, an abutting neighbor, was present and wanted to recommend to Mr. Bonnicksen to face his garage to Emerald Drive. Mr. Bonnicksen's plans presently have the garage facing Emerald Drive. MOTION made by Sohns, seconded by Meyer, to approve the 8.1' variance from the unimproved Ruby Lane access to the south- west, and a 5.8' variance to Emerald Drive, with the follow- lng conditions: NO building permit would be issued until the applicant would submit proof of ownership for lot 7 and lot 6, block 6, Shirley Hills Unit entire structure would be brought to minimum current buiidtng code standards. The nonconEorming, accessory building would be removed or relocated with conforming setbacks to the property lines. The applicant may continue to add onto the structure with a future addition upon the condition that the addition meet a11' current zoning ordinance requirements. Motion carried unanimously. Case will appear before the City Council on November 29, I988. Case No. 88-737: 1871 Shorewood Lane~.Bradl~e~ T. Blazev~L Shadywood Point; Lot 2, Block 12~_.?ID___~18-117-23-23 006~ VARIANCE:,SIDE YARD SETBACK. Owner, Bradley Blazevic was present. 5 Planning Commission Meeting November 14, 1988 Recommendation by the Buildino Official, Jan Bertrand: The applicant is proposing to construct a 26' x 30' aOdition to the southeast portion of his existing dwelling. The addition would be approximately t4' to the southeast property line. The staff recommends approval of the variance to recognize an ex- isting 3.3' side yard setback and the nonconforming 6' +/- set- back of the existing accessory building conditioned upon the ad- dition construction being at or above minimum flood plain eleva- tion with conforming side yard setbacks of tO' or more, and a conforming lakeshore setback From the ordinary high water eleva- tion of 50' or greater. The proximity of the 3.3' existing set- back shall not create any drainage problems From his property onto any adjoining property. The applicant shall submit a current survey to the inspection department at time of building permit issuance. Discussion: The house as it sits is 6/tO of t' from the flood plain'elevation. The applicant, Mr. Blazevic was present and stated he had no problems with the staff recommendation. MOTION made by Smith, Seconded bY Andersen, to approve the variance'ko recognize an existing 3.3' side yard setback and the nonconforming 6' +/- setback of the existing accessory building with the following conditions: The addition construction be at or above minimum Flood plain elevation. Conforming side yard setbacks of I0' or more, and a conforming lakeshore setback from the ordinary high water elevation of 50' or greater. The proximity of the 3~3' existing setback shall not create any drainage problems From his property onto any adjoining property. The' applicant shall submit a current survey to the in- spection department at time of building permit is- suance. Motion carried unanimously. Case will be heard before the City Council on November 29, 1988. Planning Commission Meeting November 14, 1988 DISCUSSION/INFORMATIONAL: 1. ~.appointments to the Planning Commission: Terms For Chairman, Thomas Reese and Vice Chairman, Wil]iam Thal will expire at the end of ]989 and were asked to report to the City Manager if they wish to be reappointed. Both Mr. Reese and Mr. Thal reported they would like to be reappointed. Comments reqarding application From DNR dredge of Lost Lake Channel: The Building Inspector informed the Commission that due to the problems with the DNR and the Niccum Case, any dredging applica- tions that are applied for within the City of Mound will be presented to the Park Commission, the Planning Commission and the City Council For approval. The subject dredge was discussed and analyzed For any potential problems to City land. The possibility of riprap Falling into the channel was discussed. Bill Netka, who lives on Lost Lake channel was present, and in- .Formed the Commission he is in Favor of the dredge· MOTION made by Meyer, seconded by Smith the Planning Commis- sion has no planning problem with the DNR application For dredging in the Lost Lake channel. Motion carried. Jensen abstained. Appl tcation wi I i be presented to the City Counci ! on Novem- ber 29, 19E~B. Tha 1 expressed what a good job the Uni vets ity students did on the Lost Lake park plans, and urged everyone to attend the City Coun- ci 1 meeting on November 29th to see the designs. 3. Reservations For RecoGnition Dinner: Everyone has replied. 4. Results of action on Planninq Commission items From City Council meeting on October 25, 1988: Particular cases reviewed were the Joel Dokken subdivision and the conditional use permit For ARCO/Century which were both tabled until November 29, ]988. Planning Commission Meeting November 14, 1988 5. Lots of Record: The Building Inspector would like the Commission to consider revising the ordinance For "Lots oF Record" Section 23.403 on page 13 oF the Zoning Code, which reads as follows: Existin_g. Lots o~ Record A lot oF record in a residential district may be used ~or single-=family detached dwelling purposes provided the area thereof meets ali setback and minimum lot area requirements oF this Ordinance, provided: (1) it has Frontage on an improved public right-oF-way. (2) It was under separate ownership From abutttng lands upon or prior to the effective date o~ this Or- dinance. The Inspector has received a request For a subdivision For two lots oF record 50.9' x 300' each, one tax parcel. The City Attorney's advice was to discuss this issue with the Planning Commission to get some Feedback. As the ordinance stands, someone applies to separate their tax parcels, the County cannot split lots without having the staFF sign For them. This par- ticular subdivision request does not meet the lot width of wide, however the lot size is conforming. There is nothing in the current ordinance that limits how wide a lot must be. The City Planner will be preparing something For the Pianntng Commission after the First oF the year regarding this issue. MOTION moved by Andersen, seconded by Sohns to adjourn the meeting at 8:59 p.m. Motion carried unanimously. Chairman, Thomas Reese Attest: 8 MINUTES OF THE MOUND ADVISORY PARK COMMISSION MEETING November 10, 198.8 Present were: Chair Nancy Clough; Commissioners linda Panetta, Shirley Andersen and Marilyn Byrnes; Council Representative Phyl- lis Jessen; City Manager Ed Shukle; Park Director Jim Fackler; Dock Inspector Dell Rudolph; and Secretary Peggy James. Commis- sioners Steve Burke and Cathy Baily were absent and excused. Also present were the Following interested persons: Mr. & Mrs. James Miller Jr., Michael Blunt, Howard Hagedorn, and Louise HageQorn. Chair called the meeting to order at 7:36 p.m. 1. MINUTES The minutes OF the Park Commission meeting oF October 13, 1988 were presented For changes or additions. Two changes were presented by the Dock Inspector, Dell Rudolph on page three: the proposed Fee For L or T Docks should read $165; and "Senior share rate" should read "Share Fee." MOTION made by Byrnes, seconded by Panetta to approve the minutes as amended. The vote was unanimously in Favor. Michael Blunts'477'! Island View Drive: existing platform on Devon Co~ons Park Df.recto~, Jim Fackler informed the Commission that Dell Rudolph discovered the platform during his ~all dock inspections. Mr. Blun~ did acquire a maintenance permit to construct the ex- isting retaining wall and riprapping, however the platform was not 'included on the application. The 22' x 6' platform does not comply with City ordinances, it is too wide. The Dock Inspector stated a..4' wide walkway could be acceptable. It was determined the deck is not needed, however the stairs are needed due to the riprapping. The Commission agreed since Devon Commons is Traversible Type B, it should be kept open. The deck structure makes the area inaccessible and gives the ap- pearance oF p¢ivate property which would discourage people to walk across the deck. Park Commission Meeting November ]0, ]988 Mr. Michael Blunt spoke on his behalf and stated he has spent $1,500 on riprap alone, and he cleaned out poi'son ivy, poison oak, and brush, and built the deck which made the area usable. Mr. Blunt believes he saved the City money for work they would have done in the near future anyway. Mr. Blunt feels the deck makes it easier for people to walk from one end of the commons to the other. Hr. Blunt also stated there was a rotten deck there before which he only replaced. HOTION made by Jessen, seconded by Clough that the deck structUre that encroaches on the public lands be removed. Motion carried four in favor' (Panetta, Anderson, Jessen, Clough), one opposed (Byrnes). Case will appear before the City Council on November Mr. Blunt questioned if he could be reimbursed for the improve- ments he has done to the commons abutting his property. The Park Director informed Mr. Blunt the City does not reimburse property owners'for maintenance or improvements (such as riprap) done on commons. James Mtller~ 478! Island View Drive: existin9 platform on Devon Commons The Park Director reported that the City plans on repairing the subject area with fill and recommends not to remove the platform until next June when the repairs are completed. Mr. Mi'ller showed the. Commission a letter he received From the previous City Manager, John Elam which acknowledged a deck was constrUcted on City property without a building or maintenance permit, and asked that he submit a maintenance permit application for the deck. The letter also informed Mr. Miller that even if the deck is approved, that anyone that wishes can use it'since it is located on public property. MOTION made by Jessen, seconded by Clough that the platform which encroaches on public 1ands be removed by the time City does maintenance work on that property in June 1989. Motion carried unanimously. Case will appear before the City Council on November zg, 1988. Park Commission Meeting November ]0, ]988 Howard Hagedorn~ ]748 Avocet: follow-up on tree trimminq, question extent of work performed under maintenance permit granted in Wiota Commons The Park Director, Jim Fackler, was instructed by the motion made at the Park Commission meeting on September 8, )bBB "MOTION moved by Jessen, seconded by Bally to accept the request to trim the sumach to 3-i/2' unOer the Park Directors supervision, hard wood trees are not to be cut. Motion passed four in Favor, one op- posed (Burke opposed)." Jim reported he met with the contracted tree trimmer and Mr. Hagedorn at the site and they discussed what the City diO, and did not want trimmed. Jim approved cutting of one. basswood tree. Jim went back:to the property, the next day to inspect the work and confirmed it was okay. At the end of Oc- tober Jim received a call From Mr. Hagedorn who was requesting to trim more trees. Jim v~sited the site and discovered someone had done some additional trimming o~ some trees. Both Mr. Hagedorn and the tree'trimmer deny trimming any trees. The Park Director recommends to discontinue all trimming on Wiota Commons, so the Park Commission can anal~ze this commons area using the ~low chart. 'Mr. Hagedorn was present and spoke on his behalf. Mr. Hagedorn stated he ~eels harassed and prejudged by the Park Director, com- plained he had to take time o~ work in order to meet with the Park Director, and claims Jim supervised the trimming for only l§ minutes, then le~t the site before the trimmer was ~inished. Mr. Hagedorn stated he did not know who did the additional cutting, however the branches that were cut were in,ringing on the walkway o~ the commons. His theory is someone that uses this area took it upon.~hemselves to do this trimming. The ParK. Director presented pictures of the subject area which shows the trees were cut on top of the hi 11 in front of Mr. Hagedorn's, and in the middle of the hill as well as at the bot- tom along the walkway. The description of Wiota Commons was discussed: "Located on the north side of Harrisons Bay adjacent to Avocet, Bluebird, Canary, Dove, Eagle, Finch and Gull Lanes. Total area is 1.5 acres with approximately 1,400 Feet of lake Front. It is a high narrow strip mostly cleared and has good solid sand bottom overlaid with a shallow silt'layer. It is used For residents docking and fish- ing. its proposed usage is 8 resident permit docking area and Fishing area and because of the contour of the land will adapt itself well as a nature area." The Commission would like to en- sure this nature area is maintained. Park Commission Meeting November 10, 1988 The Park Director explained that two years ago 30 healthy trees were removed from this area without a maintenance permit. This cutting created brush growth from the healthy roots that remained, if these trees had been allowed to grow and then Peen properly trimmed, a view through them would have been available. MOTION made by Clough, seconded by dessen to discontinue all trimming along the 1,400 feet of shoreline in the Wiota Com- mons in order to preserve as a nature area. Mr. Hagedorn commented he is concerned with the value of his property, he pays to )ive on the lake and has no view. Motion carried unanimously. Wi11 appear before the City Council on Nove~er 29, 1988. 5. Adoption of the 1989 Dock Location Map The. Dock Inspector, Dell Rudolph commented there were no changes or revisions from the 1988 Dock Location Map. Dell referred to the DoCk Inspectors Report dated November 10, 1988 which shows the status of dock usage expected For I989 due to the dry year. MOTION made by Jessen, seconded by Panetta to accept the 1989 Dock Location Map. Motion carried unanimously. Definition of "resident" for cemetery fee schedule Recommended definition, "individual is resident of Mound at time of purchasing the cemetery lot(s)." MOTION made by Clough, seconded by Andersen to accept the definition of "resident" for the cemetery fee schedule, "Individual is a current resident of Mound at time of pur- chasing the cemetery 1otis)." Motion carried unanimously. Case will appear before the City Council on Nove~er 29, 1988. . 8. Discussion for location of new park equipment The Park Director handed out 1989 sale. catalogs from GameTime to chose new equipment From. Some possible parks for the new equip- ment are Langdon, Tyrone, Avon, Ava]on, Ooone, or Bluffs. There is $23,000 allowed in the budget to purchase'new equipment. Park Commission Meeting Park Commission Meeting November ]0, ]988 In order to help determine which park would have the most use for new equipment, it was suggested the Park Director contact the school district to see if they have surveys of population of children by area. The Park Director commented he would prefer not to purchase the wood equipment because it gets abused by children and weather. 9. Flow Chart for Commons Maintenance Permits: Work session on applying flow chart to previously submitted permits An application from Ned Dow was used for the exercise which was a maintenance permit requesting a concrete pad be placed on the commons with an outlet, sprinkler system and fresh water supply line. Mr. Ned Dow will be informed that his Maintenance Permit will be heard by the Park Commission on December B, ]988. The. Commission suggested question (5) "Will it enhance and en- courage the use as defined by the Plan, by the General public?" be revised or expanded, it was suggested that question (4) be changed to read "steps or retaining wall." It was decided this part of the flow chart needed to be updated in order to allow Steps or structures if a hardship exists in obtaining access to the shoreline. The subcommittee will work on revising the flow chart. 10. Lost Lake dredge application~ applied for by Lost Lake As- sociation The application was rev,,iewed and discussed. MOT.ION made by Clough, seconded by Anderson that the ap- plicants'.move forward with their request for dredging to .the DNR~ and the Park Commission supports their efforts in doing so. Motion carried unanimously. I I. Reports: a. Council Representative: Phyllis Jessen reported that she has been re-elected to the council for a four year term and is looking forward to it. b. City Manager: Ed Shukle reviewed the Lost Lake project and reminded the Commission the students will be presenting their individual plans at the City Council Meeting on November 29th. Also, the new Public Works building is complete, and they will be having an open house for the public around the 1st of the year. Park Commission Meeting November I0, 1988 c. Park Director: Jim Fackler reviewed.' the areas that will have riprapping and dredging completed in 1989. The Park Department is notifying dock site holders to remove docks before the lake Freezes. d. Dock Inspector: Dell Rudolph reviewed the Dock Inspector's Report which Found; if we get a "normal" amount of snow and spring rain, would predict usage as follows on the 437 possible dock sites: okay "as is" 59 okay for small boats only 41 okay with extensions to docks 258 okay with very long extensions 28 not usable (dried up) 51 6. Expired Terms Cathy Baily was not present, the City Manager will contact her to see if.she would like to be re-appointed. Linda Panetta is sorry to report she has decided not the renew her term due to other time commitments, but has thoroughly en- joyed her time with the Park Commission. Clough made a'Comment that there is a conflict with the November 29th Council Meeting and the Light Rail Presentation at the VFW by the Hennepin County Board. The area citizens are going to be asked to form a citizens committee, and Clough Feels it is impor- tant that either the.City shows their support or doesn't show their support. ADJOURNMENT There being no further business, Byrnes moved and,. Panetta seconded a motion to adjourn the meet. lng at lO:lO p.m. All were in favor'~ P.O. Box 38?, Wayzata, Minnesota 555g! 80ARO OF MAHAGER$: Camille D. Andre, F~e$. · All)ed L. Lehman · John E. Thomas James R. Spensley · Richard R. Miller · Rol)e~t D. Edck$on · C. Woodrow Love ? LAKE MINNETONKI~ TO: FROM: RE: DATE: All Municipalities Within the Minnehaha Creek Watershed District Board of Managers Request for Renewal of Existing Management Policy and Operating Procedures for Gray's Bay Headwaters Control Structure November 17, i988 Under Section IV.2 of the "Headwaters Control Structure Management Policy and Operating Procedures" for the period March 1, 1986 to March 1, 1989, the Board of Managers is hereby notifying each municipality within the watershed that the Board intends to request the Minnesota Department of Natural Resources to renew the existing management policy for the Gray's Bay Headwaters Control Structure without modification for the three-year period commencing March 1, 1989. The Board desires to receive comments from any municipality which wishes to comment or suggest modifications in the present management policy. Comments should be received prior to December 23, 1988. The request to the Department of Natural Resources for renewal will be made on December 30, 1988. If you wi§h further information, please contact the District engineer, E. A. Hickok and Associates, 545 Indian Mound, Wayzata, Minnesota 55391 - Telephone 473-4224, or the District's attorney, Popham, Haik, Schnobrich & Kaufman, Ltd., 3300 Piper Jaffray Tower, Minneapolis, Minnesota 55402 - Telephone 333-4800. A copy of the present management policy is attached to this memorandum. P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran. Pres · AlDer! L. Lehman · John E. Thomas M~chael R. Carroll · Camille O. Andre · James 9 McWethy · James R. Spensley .'~ HEADWATERS CONTROL STRUCTURE MANAGEMENT POLICY AND OPERATING PROCEDURES MARCH 1~ 1986 ' MARCH 1~ !989 INTRODUCTION The Headwaters Control Structure at GFay's Bay is the outlet of Lake Minnetonka to Minnehaha Creek. It is an adjustable structure that controls Lake Minnetonka levels and discharge to Minnehaha Creek. The structure was constructed by the Minnehaha Creek Watershed District in 1979. Lake levels and discharge have been controlled at this location since 1897 when a fixed crest structure was constructed to maintain as nearly as ' practicable the lake level at a height of 928.635 NGVD, 1929 datum. This structure was a wooden weir which was subsequently repaired in 1932 and again in 1944.. Survey data of record in the 1960's and 1970's show the actual crest elevation of the repaired weir varied in height along its length. This uneven crest elevation was apparently due to ice pressures and/or frost heaving. The survey data also show the lowest point on the weir crest was at an approximate elevation of 928.6 NGVD, 1929 datum. In 1979, when the Headwaters Control Structure became operational, the fixed wooden weir was also reconstructed. The new weir is constructed of galvanized steel sheet piling material, at the same location, with an even crest at'elevation 930.0 NGVD, 1929 datum. As a result of a 1975 joint petition from the Minnehaha Creek Watershed District and the Lake Minnetonka Conservation District, the Minnesota Department of Natural Resources (DNR) conducted an Ordinary High Water investigation of Lake Minnetonka. After conducting necessary field work and analyzing physical and historical data and records, the DNR issued its report in January, 1976. After holding public meetings the Commissioner of Natural Resources concluded the Ordinary High Water level on Lake Minnetonka is at elevation 929.4 NGVD, 1929 datum. 1 ofll SECTION !. MANAGEMENT POLICY It is the policy of the District to operate the Headwater Control Structure to reduce flooding both on Minnehaha Creek and Lake Minnetonka. This is accomplished by controlling the discharge from Lake Minnetonka to Minnehaha Creek after ice-out (approximately April 15) until approximately mid-June. As a result, water is temporarily stored on the lake. After approximately mid-June water stored on Lake Minnetonka is released, to the greatest extent possible, at a controlled uniform rate during the sum~er and fall. Such controlled discharges continue until adequate storage capacity is provided on the lake for a normal spring snowmelt. After the open water season discharges to the creek are prevented, whenever possible, to reduce ice constrictions in the creek channel. SECTION II. MANAGEMENT GOALS Numerous considerations must be taken into account when discharging water through the Headwaters Control Structure. 'll~e Board of Managers realize that sound judgement based upon operational experience is an essential part of the operating plan to insure intelligent use of the water available to Lake Minnetonka and Minnehaha Creek. It is therefore the intent, of the Board of Managers to use discretion when operating the structure. 'The Management Goals are: To reduce downstream flooding by controlling the discharge to Minnehaha Creek to a rate not exceeding the maximum carrying capacity of the creek whenever the Lake Minnetonka water level is within the physical limits of control. To reduce flooding on the lake by stabilizing lake levels between the elevation of the low point on the previous fixed weir and the Ordinary High Water level (OHW). To reduce flooding, on the lake and downstream, by temporarily increasing discharge rates to accommodate predictable and large volumes of runoff into Lake Minnetonka prior to the time such runoff occurs. To provide discharges, during and/or following dry periods, comparable to discharges that occurred historically under similar lake level conditions such that the detrimental effects of creek ~ow stagnation are not aggravated as a result of operating procedures. To enhance recreation, wildlife and aquatic life survival, and aesthetics, when feasible and consistent with the Management Policy, by augmentation of creek ~ow beyond the time discharges from Lake Minnetonka have historically ceased. 2 of 11 To improve'or maintain conditions on the lake and the creek, over those which existed prior to construction of the Headwaters Control Structure. SECTION !II. OPERATING PROCEDURES The Headwaters Control Structure is operated in accordance with this section to accomplish the Management Goals in SECTION II. The operating procedure requires discharges to occur within the limitations of established discharge zones described as a function of the Lake Minnetonka level. The ranges of discharge defined by these zones are necessary realizing the numerous considerations which must be taken into account during operation of the structure. The discharge zones are based upon sound hydrologic principles and are designed to achieve, to the greatest extent possible, the Management Goals identified in SECTION II. The attached exhibit shows the discharge zones and their corresponding allowable discharge rates. The lowest heavy line across the base of the graph at e~evation 928.6 represents the minimum lake level elevation at which discharge can occur. This is similar to the effect of the previous fixed weir which had an approximate low point elevation of 928.6. When the lake level is above this elevation, a discharge will occur subject to the conditions outlined in this section. The discharge zones are defined, by minimum required and/or maximum allowable discharge rates over a specific time period and lake level range. These zones are described in SECTION III.A below. Between lake level elevations 928.6 and 930.0 discharge to Minnehaha Creek will vary. In general, discharge rates will increase as the lake level increases. However, this is not a direct or linear relationship. The discharge is dependent not only upon lake level elevation, but the time of year, climatic conditions, the variable carrying capacity of the creek and other considerations. The heavy horizontal line at elevation 930.0 represents a lake level above which high water will be reduced to the maximum practicable extent. Lake levels and discharge cannot be controlled by the structure at lake level elevations above 930.0. Under these circumstances, resulting discharge to Minnehaha Creek is comparable to that which occurred under similar conditions with the previous fixes weir. During the winter months, which are not shown on the attached ex.hibit, no discharge is allowed to the extent feasible and consistant with the MANAGEMENT POLICY. Stop logs are installed during the late fall, prior to ice-in when the lake level elevation is near 928.6. The discharge control gates are then lifted out of the water to prevent ice damage. If the lake level rises after that time, additional stop logs are installed as necessary to prevent overflow discharges. The stop logs are removed in the spring as soon as ice conditions allow and the discharge control gates are again'made operational. 3 of 11 A. Discharee Settines and Adjustments The discharge settings and adjustments between lake level elevations 928.6 and 930.0 are described as zones of control in the following paragraphs. Zone 1 - Maximum Creek Carrying Capacity To effectively respond to high lake levels, rapidly increasing lake levels and/or changing creek conditions the maximum allowable discharge rate is required whenever the lake level is within the elevation range of 929.6 to 930.0. The maximum allowable discharge rate will vary. It is defined to be that rate of discharge when combined with direct runoff and other inflows to the creek downstream, that will achieve but not exceed the carrying capacity of the creek. The carryin9 capacity of the creek is considered to be the maximum flow that can occur'without substantial overbank flow. The maximum allowable discharge rate will be maintained as necessary 'until the lake level has receded below elevation 929.6.. Zone 2 - No Discharge to Maximum Creek Carrying Capacity Discharges ranging from zero to the maximum allowable discharge rate are required in this zone. When the lake level is below 929.1, the maximum discharge shall be no higher than 30 cubic feet per second. As the lake level approaches elevation 929.6, up to the maximum allowable discharge can occur. In an extreme case, when high lake levels and subsequent unrestricted discharge and flooding are predictable due to spring snowmelt, the maximum allowable discharge rate will occur at lake levels below elevation 929.1 to reduce imminent high water conditions. This discharge will occur only when it can be documented with reasonable accuracy that the water content of the snow pack in the upper watershed could exceed available storage capacity on the lake. Maximum allowable discharge rates other than those specified herein may occur only after Minnesota DNR has authorized such action. Zone 3.- 150 CFS to Maximum Creek Carrying Capacity In the late sumner and fall, 150 cfs up to the maximum allowable discharge .rate is required when the lake level is in Zone 3. This will increase the capacity to reduce an excessively high fall lake level and provide adequate storage capacity for spring snowmelt. 4 ofll Zone 4 - !50 CFS Maximum A discharge rate ranging from approximately 20 cfs up to a maximum of 150 cfs is required provided the carrying capacity of Minnehaha Creek is not exceeded whenever the lake level is in this zone. From May t5 through July 15, discharge will vary from a minimum of approximaely 20 cfs to a maximum of 100 cfs if the lake level is at or below the OHW (929.4) and will range up to a maximum of 150 cfs if the lake level is above the OHW. From July !5 through November 30, a hydrologic computation will periodically be performed to determine what uniform rate of discharge will be necessary to accommodate the desired fall lake level of 928.6 based upon normal weather conditions. Discharge will be periodically adjusted to accommodate actual weather conditiQns encountered. Therefore, discharge during this perio~ will, to the greatest extent weather conditions allow, occur at uniform rates between approximately 20 cfs and 150 cfs. This zone is considered to be desirable for operation of the structure. When operation is governed by this zone, optimum conditions exist for achieving the Manaement Goals identified in SECTION II. Zone. 5 - Base Flow Discharge Base flow discharge is required whenever the lake level elevation is within this zone. The purpose of base flow discharge is to reduce the detrimental effects of creek flow stagnation during dry periods. The base flow discharge zone is designed to assure that a volume of water will be discharged that is approximately equal to the volume discharged by the previous fixed weir considering similar low lake levels. The previous fixed crest weir discharged water at a rate of 12 cfs when the lake level elevation was at approximately 929.06. Therefore, when lake levels are within this zone, base fl ow discharges will occur subject to the condition below: To the extent that discharge measurement accuracy allows, base fl ow discharges will occur at a rate of approximately 12 cfs. It is expected that during most open'water seasons the lake level will exceed the.limits of this zone. 'Under these conditions, discharges will equal or exceed the specified base fl ow discharge rate. 5 ofll Zone 6 - No Discharee Whenever the lake level elevation is below 928.6, which was the lowest elevation on the previous fixed weir crest, no discharge is allowed during the open water season. Zone 7 - Unrestricted Discharge Whenever the lake level exceeds elevation 930.0, which is the crest elevation of the reconstructed fixed weir, unrestricted discharge will occur. Resulting discharge will be comparable to that which would have occurred over the previous fixed weir. When the lake level recedes to elevation 930.0 or below, discharge will again be limited to the carrying capacity of the creek. B. Data Collection and Discharge Adjustment Procedures Field data shall be collected and discharge adjustments at the Headwaters Control Structure shall be performed in accordance with this section to implement the policy identified in SECTION I. MANAGEMENT POLICY. .B.1 Need for Voluntary'Creek Water Level Data From Downstream Municipalities The Managers believe that for the first years of operation, frequent reports of actual creek water elevations in each of the municipalities should be forwarded to the Managers. This creek water elevation data will allow the Managers to properly adjust the control structure to achieve the MANAGEMENT GOALS. Because conditions can vary between reaches of the creek, the Managers request each of the five creekside municipalities to regularly record creek water elevations on a weekly schedule, at the following critical reaches, and report the readings to the District Engineer. City Mi nnetonka H6pkins st. Louis Park Location 1-494 culverts C.S.A.H. No. 5 C.S.A.H. No. 73 (upstream and down- stream sides) W. 37th Street Excelsior Boulevard Edina Millpond at Browndale W. 56th Street 6 of 11 City Location Minneapolis Park Board Upton Avenue Logan Avenue (upstream side) Chicago Avenue Cedar Avenue Longfellow Pond FreQuency Friday, Monday and Wednesday Wednesday April I - June 1 June I to end of flow .Reportin~ Each city is requested to rejoort weekly the elevations recorded during the preceding reporting week (Friday, Monday and Wednesday) by telephone on each Wednesday by 2:00 PM to the District Engineer, E.A. Hickok and Associates, 473-4224. Each city is requested to promptly confirm elevations recorded in writing on forms supplied by the District Engineer. B.2 Lake and Creek Data Collected b~ the District Enqi~eer The District Engineer shall colleCt the following data: Data Frequency Flows into Lake Minnetonka from Painter, Six Mile, Gleason and Long Lake Creeks Monthly (minimum) during open water season. Lake Minnetonka Level Weekly (minimum) during open water season. Minnehaha Creek ~ows at all critical reaches identified in SECTION II.B. I (based on rating curves). As specified in SECTION II.B.1 In addition, the District Engineer shall develop rating curves at three (3) locatiohs along Minnehaha Creek, one (1) of which shall be for the Brdwndale Avenue Dam. (Other data is collected as part of the District's long term hydrologic data program.) 7 ofll B.7 High Water Conditions on Minnehaha Creek When high water conditions are reported or predicted on Minnehaha Creek, the Engineer for the District shall promptly investigate the reported or predicted high water condition and determine whether adjustment can be made in the discharge through the control structu.re that would reduce the high water condition. If adjustments can be made that are consistent with the MANAGEMENT POLICY, the Engineer shall promptly make such adjustments aa are appropriate to reduce downstream high water conditions as soon as possible. (Paragraph B.7 adopted September, 1980.) B.8 .Operational Responsibility The District may enter into a contract with another governmental agency to provide operating personnel. Employees of the contracting agency will handle minor maintenance and repairs when required and will make regular trips to the site as directed by the District's Engineer. The control structure shall be operated by the District in accordance with the limitations set .forth in the Headwaters Control Structure Management Policy and Operating Procedures, and Minnesota DNR Permit No. 76-6240. B.9 Monthly Summary of Data During.the open water season the District's Engineer shall prepare a monthly sumnary of all data received and analyzed by his office, including adjustments made in the discharge rate during the prior month. This sunmary shall be distributed to the Managers, the Minnesota Department of Natural Resources, the creekside and lakeside municipalities, the Board of County Con~nissioners of Hennepin and Carver Counties and shall be available to interested persons. SECTION IV. TERMS OF AND AMENDMENTS TO THE MANAGEMENT POLICY AND OPERATING PROCEDURES 1. Term This document defines the Ma'nagement Policy and OPerating Procedures for the Headwaters Control Structure at Gray's Bay for the period March 1, 1986 and thereafter. Any amendments to this document shall be made pursuant to SECTION IV.2 below. Review. of Management Policy and Operating Procedures On or before January 1, 1989, the District shall submit to the Minnesota Department of Natural Resources any amendments to the existing Management Policy and Operating Procedures deemed necessary by the District for the three (3) year period commencing March 1, 1989. Thirty 9 of 11 (30) days prior to any submittal to the Department, the District shall provide the municipalities within the watershed, a copy of the proposed amendments such that sufficient opportunity to submit comments to the Department is allowed. Within sixty (60) days, the Department shall advise the District in writing of the acceptance, rejection, modification or additions to the proposal. Any public hearing that may be held on proposed amendments to the Management Policy and Operating Procedures shall be governed by Minnesota Statutes 105.44. If a hearing is held, the existing operational procedures shall remain in full force and effect until a final administrative decision is reached. Following the final administrative hearing decision, or if no hearing is held, the amendments, if any, shall be incorporated into the foregoing Management Policy and Operating Procedures for the following three (3) year term commencing March 1, 1986 and be distributed to affected municipalities and agencies. This review procedure shall be re~eated every three (3) years. 10 of 11 HEADWATERS CONTROL STRUCTURE DISCHARGE ZONES AND ALLOWABLE DISCHARGE RATES MARCH 1, 1986 I MARCH !, 1989 931.5 931.( m 930.5 ,,, 930.0 W z 929.5 ~ · ZONg-? UNt:: ESTRiCTE D DtSC:I-~ ZO~ 5_ I ~ MAX[MUM CRE:'K CAPA( ITY ~ 20 CF S MIN. ~ 150 C~S MIN. O_ LU ! U.J ZONE-5 N r,- I O BA:3E FLOW APPROX. Ii CF$ 929.0 9285 MAY JUNE JULY AUG. SEPT OCT NOV (~ LOWEST ELEVATION ON OLD GRAY'S BAY DAM-928.6 (~ ORDINARY HIGH WATER LEVEL (OH.W,)-929.4 (~) TOP OF SF~LLWAY--930.0 (~) RECORD HIGH WATER - 930.5 (~ PROJECTED REGIONAL FLOOD-931;5 NOTE: APPROX. ICE-OUT DATE--APRIL 15 U S WEST Communications 2% S:~..'- 5~~ L'-'~eas3 s r.'-.~esc~ 55422 Eric B. Selberg ?:~' :-,e:~;':.,e Othcer M:r.~esc*,a L COMMUNICATIONS November 21, 1988 Mr. Edward Shukle City of Mound 5341 May-wood Road Mound, MN 55364 Dear Mr. Shukle: During the past year a group of people has been working to find a way to form a cooperative effort for economic development in Hennepin County. The group's inient is to build a program that will provide shared resources and programs which will enable each city and chamber of commerce in the county to do a better job of local economic development. 'You are invited to attend a briefing on the effort and to consider membership. All mayors, city managers/administrators, and Chamber executives are being asked to'attend a breakfast meeting at: The Oslo Room Scanticon Minneapolis Northwest Business Campus 3131 Campus Drive Plymouth Breakfast will be served at 7:30 a.m., and we will start the meeting at 8:00 a.m. sharp. We will adjourn at no later than 9:15 a.m. Funding and initial plans are in place. I hope you will be willing to help us guide the organization in a way that will make it valuable for the development of our area.. Please RSVP to Christine Peters at 370-9162 by Thursday, December 8..Thank you, and I hope to see you there. Sincerely, Interstate Highway 494 Campus Drive Sc (Scen~' ~co,ns MINNEAPOL Executive Conference Center and Hotel Northwest Bu~ne~ Campu~ 3131 Campu~ Drfv~ Ptymouth, Minnesota 55441 (612l ~ Telex/EasyLink: 9102404356 IScanticon Minn!