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1989-10-24 CITY OF MOUND MOUND, MINNESOTA AGENDA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M.t TUESDAYt OCTOBER 24, 1989 COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE OCTOBER 10, 1989, REGULAR MEETING & OCTOBER 19, 1989, COMMITTEE OF THE WHOLE MEETING. Pg. 3301-3305 3. PUBLIC HEARING: DELINQUENT UTILITY BILLS. Pg. 3306-3307 REQUEST FOR EXTENSION OF RESOLUTION #87-182 FOR MR. & MRS. ROLAND MC ALLISTER. Pg. 3308-3311 Se CASE ~89-844: SCOT MC KENZIE, 4861 HANOVER ROAD, LOTS 6 & 15, BLOCK 16, DEVON, PID #25-117-24 11 0061/0062. REOUEST: FENCE HEIGHT VARIANCE. Pg. 3312-3321 CASE #89-845: BRUCE MC COMB, 3005 BRIGHTON BLVD. REQUEST: HOUSE MOVING - TO 4723 CUMBERLAND ROAD, NORTH 101' OF LOT 38 & W 1/2 OF LOT 39, BLOCK 10, PEMBROKE, PID #19-117-23 33 0195. Pg. 3322-3354 REQUEST TO BUILD DECK AND STAIRWAY WITHIN A SCENIC EASEMENT, 2920 HIGHLAND COURT, FOR CREATIVE DEVELOPERS (DUANE BARTH). Pg. 3355-3370 UPDATE FROM CITY ATTORNEY ON MELVIN ZUCKMAN CASE. 9. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. 10. 11. 12. CONSIDERATION OF RELOCATING COMMONS DOCKS AT AVALON PARK. RESOLUTION TO APPOINT RESPONSIBLE AUTHORITY FOR THE MINNESOTA DATA PRACTICES ACT. Pg. 3371-3383 Pg. 3384 CONSIDERATION OF RESOLUTION DESIGNATING NO PARKING ZONE ON PART OF EAST SIDE OF DICKENS LANE. Pg. 3385-3387 Page 3299 13. 14. 15. 16. 17. 18. SET PUBLIC HEARING FOR THE PRESENTATION OF 1990 BUDGET AND DATE FOR THE RECONVENING OF BUDGET HEARING. SUGGESTED DAT~.S: TUESDAY, NOVEMBER 28, 1989 AND THURSDAY, NOVEMBER 30, 1989 OR TUESDAY, DECEMBER 5, 1989 OR THURSDAY, DECEMBER 7, 1989 PETITION FROM MRS. SANDY BASTIEN, 2541 LAKEWOOD LANE - RE: SANITARY SEWER CONNECTION. (MATERIALS WILL BE DISTRIBUTED TUESDAY EVENING.) CONSIDERATION OF PROPOSED POLICY ON APPOINTMENTS TO THE CITY'S PLANNING, PARKS AND ECONOMIC DEVELOPMENT COMMISSIONS. Pg. 3388-3389 AN ORDINANCE AMENDING SECTIONS 255:05 AND 260:10 RELATING TO QUALIFICATIONS FOR PARK ADVISORY AND ECONOMIC DEVELOPMENT COMMISSIONS. Pg. 3390-3392 PAYMENT OF BILLS. Pg. 3393-3407 INFORMATION/MISCELLANEOUS= ae Financial Report for September as prepared by John Norman, Finance Director. Pg. 3408-3409 B. L.M.C.D. Mailings. Pg. 3410-3420 Co Planning Commission Minutes of October 9, 1989. Pg. 3421-3425 D. Park Commission Minutes of October 12, 1989. Pg. 3426-3430 Ee AMM Legislative Policy Adoption Meeting to be held Thursday, November 2, 1989, 5:45 P.M., at the Minneapolis Metrodome Hilton. Please let Fran know by October 27th if you plan to attend. Pg. 3431-3435 Fe League of Minnesota Cities Policy Adoption Meeting to be held Thursday, November 16, 1989, 8:00 A.M., at Hotel Sofitel, Bloomington. Please let Fran know by October 27th if you plan to attend. Pg. 3436 Ge Invitation from the Legislative Commission on Minnesota Resources to attend a conference focusing on the future of the environmental trust fund entitled, "Natural Resource Congress". This will be held Saturday, October 28, 1989, 10:00 A.M. to 5:30 P.M., State Office Building, St. Paul. There is no charge. Pg. 3437 Page 3300 164 October 10, MINUTES - MOUND CITY COUNCIL - OCTOBER 10, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 10, 1989, following the Board of Review, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Andrea Ah- rens, Liz Jensen, Phyllis Jessen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Attorney Jim Larson, and City Engineer John Cameron. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Johnson, seconded by Jensen to approve the minutes of the September 26, 1989, Regular Meeting as sub- mitted. The vote was unanimously in favor. Motion carried. UPDATE FROM CITY ENGINEER ON STATUS OF MAYWOOD ROAD IMPROVEMENT THROUGH THE USE OF MUNICIPAL STATE AID (MSA) FUNDS The City Engineer explained that he has verified that the Maywood Road improvement can be done with MSA funds. The City would in- cur some costs for storm sewer. He suggested that the City not act on this improvement until a decision is made on the outdoor material storage being placed on the West end of the City Hall site. No action was taken. CHANGE ORDER - DENBIGH ROAD The City Engineer reported that the Watershed District is requir- ing a surge basin at the storm sewer outlet and this will cost $575.00 extra. He is recommending approval. MOTION made by Johnson, seconded by Jessen to approve Change Order #1 for the Denbigh Road Improvement in the amount of $575.00. The original contract amount was $27,744. The revised amount is $28,319. The vote was unanimously in favor. Motion carried. RESOLUTIONS CANCELLING LEVIES ON PAST GENERAL OBLIGATION BOND IM- PROVEMENTS (1976, 1978, 1979, 1980 & 1982] Jessen moved and Ahrens seconded the following resolution: RESOLUTION #89-126 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1976 IN THE AMOUNT OF $1,890.00 330/ 165 October 10, 1989 The vote was unanimously in favor. Motion carried. Jessen moved and Ahrens seconded the following resolution: RESOLUTION #89-127 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 IN THE AMOUNT OF $15,351.00 The vote was unanimously in favor. Motion carried. Jessen moved and Ahrens seconded the following resolution: RESOLUTION #89-128 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 IN THE AMOUNT OF $17;703.00 The vote was unanimously in favor. Motion carried. Jessen moved and Ahrens seconded the following resolution: RESOLUTION #89-xzg RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION XMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $5,452.00 The vote was unanimously in favor. Motion carried. Jessen moved and Ahrens seconded the following resolution: RESOLUTION #89-130 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF X982 IN THE AMOUNT OF $15;100.00 The vote was unanimously in favor. Motion carried. RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $18,900 FOR 1976 WATER REVENUE BONDS Jensen moved and Johnson seconded the following resolution: RESOLUTION #89-131 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $18,900 FOR 1976 WATER REVENUE BONUS The vote was unanimously in favor. Motion carried. AN ORDINANCE AMENDING SECTION 810:10, SUBDIVISION 2(a), OF THE MOUND CITY CODE RELATING TO LIABILITY INSURANCE The City Clerk explained that this will amend the ordinance relating to non-intoxicating malt liquor to conform with the the insurance requirements for an intoxicating liquor license. Johnson moved and Ahrens seconded the following: 33o ORD~'NA/qCE ~35-1989 166 October 10, 1989 SUBDIVISION 2(a) v OF THE MOUND CITY CODE RELATING TO LIABILITY INSURANCE The vote was unanimously in favor. Motion carried. COI~ENTS & SUGGESTIONS FROM CITIZENS PRESENT There was not response. PAYMENT OF BILLS MOTION made by Johnson, seconded by Jessen to payment of bills as presented on the pre-list of $152,540.27, when funds are available. was unanimously in favor. Motion carried. ADD ON - RETENTION SCHEDULE authorize the in the amount A roll call vote The City Clerk recommended that the Council adopt the General Records Retention Schedule for cities as prepared by the State of Minnesota Department of Administration, Data and Records Manage- ment Division, in its entirety. Ahrens moved and Jessen seconded the following resolution: RESOLUTION #89-132 RESOLUTION ADOPTING THE CITY GENERAL RETENTION SCHEDULE The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. Monthly Reports as prepared by the Department Heads. B. L.M.C.D. Mailings. C. Monthly Report from Tom Reese, L.M.C.D. Representative. MOTION made by Jensen, seconded by Ahrens to adjourn at 7:50 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Fran Clark, CMC, City Clerk ,330,3 OCTOBF~. 17, 1 ~8~ The meeting was called to order at 7:00 PM. Members present: Mayor Smith, Liz Jensen, Phyllis Jessen, Skip Johnson and Andrea Ahrens. Absent: none. Also present: City Manager, Ed Shukle; Lorrie Hamm, Laker; Parker Hodges, Sailor. City Manager Ed Shukle reviewed the negotiations to obtain an option on the CBD parking lots from Dakota Rail. He indicated that the reason that Dakota Rail has not responded to the City's initial offer was due to the fact that Dakota Rail was possibly going to be purchased by an individual from Largo, Florida. The bankruptcy attorney had indicated to the city attorney that he was not entertaining or discussing any other sales of the property until something was resolved on the possible sale of the entire railroad to the party from Florida. Council consensus vas to stay up to date on it and to continue to report at each month at the Committee of the Whole meetings. A vegetation ordinance was briefly discussed. It was the consensus to have the City Manager contact the League of Minnesota Cities to find other cities who may have such an ordinance. Also discussed were the weeds that continually grow and are visible on the public right-of-way. It was the consensus that the City Manager establish a plan to treat the weed growth and/or eliminate it for 1990 and beyond. A review of the Preliminary Draft of the City Manager Performance Evaluation System was held. The Council asked the City Manager for a job description and his response to his job duties and role. The Council also requested that a "clean" evaluation form be provided along with the job descriptions and the City Managers response. The Council then agreed to meet individually with the City Manager upon completing their forms and to discuss this matter as a group at the next Committee of the Whole in November. The City Manager was to check with the city attorney on the issue of data privacy in relationship to the evaluation system and its contents. Also discussed was a program for listening to citizens wants, needs and feedback, directions for advisory commissions; and developing a mission statement. With regard to the program for listening to citizens wants, needs and feedback, it was the consensus to develop a post card type survey that could be available at city hall for residents to complete while they are in the city hall doing business. Also discussed was developing a survey to coincide with the Economic Development Commission survey through the city newsletter dealing with community attitudes about its city and its services. With regard to the directions for advisory commissions, this was put on hold until the Council sets its own mission. The next item was a proposed policy on appointments and/or reappointments to the Planning Commission, Park Commission and Economic Development Commission. The City Manager explained the rationale for the development of the policy. He shared with the Council a letter from the city attorney with regard to a policy specifically as it pertained to the reappointment Committ of Whol Minutes October 17, 1989 Page 2 process. The item was discussed in length and some changes were suggested. The major item was whether individuals who wish to be reappointed to a commission needed to be reinterviewed along with the new applicants. It was the position of Councilmembers 3ohnson, 3ensen and 3essen not to have vacancies advertised if persons that wish to be reappointed had expressed that interest. It was concluded that a definition of vacancy was required as part of the policy. The City Manager was directed to revise the policy per the Council's discussion and place it on the agenda for the October 24th meeting for further discussion. Also discussed was the next meeting, which will be held on November 21, 1989, following the tree lighting ceremony downtown. Other items were continuance of monthly reports by department heads. The City Manager indicated that the department heads told him at a staff meeting on October 17th that the Councilmembers were not interested in the monthly reports. Councilmembers questioned who stated this since all of them read them with the possible exception of Councilmember Johnson who felt it unnecessary for the reports. However, he did indicate that if the City Manager felt that it was a working tool, he would support him in the continuing of the reports. The others indicated that they do read the reports and they do want them continued. Thus, it was the consensus that the reports be continued. The City Manager also pointed out that it appears that the annual reports given to the Council are not taken seriously by the Council. The department head spends a great deal of time preparing the annual reports. Annual reports ought to be given the appropriate attention by the Council. The Council seemed to agree. Other items concerned the condition behind the Shoreline Plaza shopping center and the color of the Christmas tree lights downtown. It was suggested that the Christmas tree itself have colored lights and not all one standard of white. The City Manager said he would check into both of these issues. The consensus was also to not have a December Committee of the Whole meeting. Upon motion by Johnson, seconded by Jensen, and carried unanimously, the meeting adjourned at approximately 9:40 PM. ~~s ec~ted, S~'le~uk Ed City Manager ES:ls Delinquent Water and Sewer 10/18/89 33 4060 241 33 4392 572 3.3 4394 153 33 4394 571 33 4420 122 33 4420 723 33 4660 303 33 4690 241 33 4720 303 33 47~0 392 33 4750 513 33 4750 631 33 4752 152 33 4840. 451 33 4840 691 33 4842 091 33 4842 932 33 4844 301 33 4870 541 33 5000 183 33 5000 216 33 5000 271 33 5300 361 33 5360 151 33!5390 061 33 5450 065 33 5450 241 33 5480 156 33 5540 091 33 5630 422 33 5870 931 33 5900 181 33 5900 243 33 5930 245 $140.96 145.35 101.54 65.96 151.78 117.61 217.11 72.08 147.20 153.14 91.48 84.06 -93.24 64.86 276.07 135.97 96.91 102.78 149.29 100.94 162.00 169.94 79.66 97.27 105.24 108.79 96.92 82.96 134.35 114.52 90.30 93.46 85.17 117.61 33 5960 33 5990 32 6990 33 5990 33 6050 33 6080 33 6202 33 6204 33 6320 33 6410 901 121 331 782 O68 061 062 511 033 032 $118. 73. 75. 148. 152. 136. 155. 116. 113. 27 O6 26 32 34 56 66 72 60 12 $5278.43 RECEIVF'D OCT I 0 1,g&~ · . :,.Z/,,.., //, /J 154 May 24, 1988 RESOLUTION NO. 88-83 RESOLUTION TO APPROVE THE EXTENSION OF RESOLUTION #~7-182 FOR ONE YEAR WHEREAS, on September 22, 1987, the City Council ap- proved Resolution %87-182 entitled, "Resolution Granting Front Yard and Lakeshore Setback Variances for the Purpose of Con- structing a single Family Detached Home on I~ts 1-4, Block 6, Dreamwood, PID %13-117-2421 0004/0005; and WHEREAS, due to the loss of the Abstract of Title a~d the lengthy process to obtain another, building plans were not finalized and the owner of the property is requesting an exten- sion of Resolution %87-182 for one year, until September 22, 1989. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby grant a one year ex- tension of Resolution %87-182, until September 22, 1989. The foregoing resolution was moved by Mayor Smith and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Ma~y o r ' - AtteSt: City Clerk 1 261 September 22, 1987 87-182 RESOLUTION GRANTING FRONT YARD AND LAKESHCRE SETBACK VARIANCES FOR THE PURPOSE OF ~ucrING A SINGLE FAMILY DETACHED HOME ON LOTS 1-4, BLOCK 6, DREAMWOOD; PID NO. 13-117-24 21 0004/0005. WHEREAS, the applicant has applied for a 20 foot front yard setback variance and a 13 foot lakeshore setback variance for the purpose of constructing a single family detached residential structure at 1649 Bluebird Lane; FID No. 13-117-24 21 0004/0005; and WHEREAS, the subject property is located within the R-3 Two Family Residential zoning district which, acoording to the City Code, requires a 30 foot front yard setback and a 50 foot lakeshore setback; and ~t~EREAS, the Planning Commission has reviewed the request; and '~I~EREAS, the proposed variances are consistent with the criteria for granting variances found in Section 23.506.1 of the City Code. NCIS, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the 20 foot front yard setback variance and the 13 foot lakeshore setback variance are hereby granted subject to the review and approval of the applicant's grading plan by the watershed district. The foregoing resolution was moved by Mayor Smith and seconded by Councilmember Abel. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk 331o / COMMON (HARBISONS 3311 MINUTES OF A MEETING OF THE MOUND AOVISORY PLANNING COMMISSION October 9, 1989 BOARD OF APPEALS: Case No. Bg-B44: Scot McKenzte~ 4861 Hanover Road~. Lots 6 and 15~ Block 16~ Devon, Pi0 #25-117-24-11 0061 & 0065. FENCE HEIGHT VARIANCE. Building Official, Jan Bertrand, reviewed the applicant's request For a Fence height variance. She explained that when she con- ducted her final inspection on the fence, she Found some areas to be as high as 92 to 101 inches from the adjoining grade, and in addition, the fence was placed on top of a small retaining wall. The Building OFficial explained that a 72 inch high Fence is the allowable height in the subject location, however when a fence ts placed on top of retaining wall, the maximum height is 42 Inches. Bertrand also informed the Commission that the applicant wanted the Fence due to the appearance of the neighbors yard. She in- Formed the Commission that a clean-up notice will be sent his neighbor this week. Staff recommended, that since the topography of the lot does make it difficult to comply with the six Foot height, that the Plan- ning Commission could allow some variation to the retaining wall Fence height of 42 inches, therefore, reducing the required height somewhere below the current height of 101 inches. The applicant, Scot McKenzle, spoke on his behalf. He stated that the retaining wall was not their when the fence was erected; the retaining wall was added after the Fence was erected due to soil erosion problems. He also emphasized the need for a high Fence due to the appearance of his neighbors yard. The Commission discussed the structural issues of the fence due to topography. Some Commissioners determined that it is possiDle to construct a Fence running with the grade, however it would have to be a custom Duilt Fence. MOTION made by Weiland, seconded by Michael to deny the fence height variance due to lack of hardship, in addi- tion, the fence ts to be brought into conformance. Mo- tion carried 5 to 2. (Those in favor: Weiland, Thai, densen, Smith, and Michael; those opposed: Meyer and Clapsaddle.) Clapsaddle stated that he does not find the Fence offensive as it exists. The applicant, Mr. McKenzie, stated that he does not agree with the Fence ordinance, and Feels Fences should be allowed to De 8 Feet high. This case will be heard by the City Council on October 24, 1989. ' ()f ,X 1( )[ 'Nl ) CASE NO. 89-844 TO: Planning Commission, Applicant and Staff FROM: Jan Bertrand, Building Official ~ DATE: Planning Commission Agenda of October 9, 1989 CASE NO.: 89-844 APPLICANT: Scot A. McKenzie LOCATION: 4861 Hanover Road LEGAL DESCRIPTION: Lots 6 and 15, Block 16, Devon, PlO #25-117-24-11 0061 & 0065 SUBJECT: Fence Height Variance EXISTING ZONING: R-2 Single Family Residential PROPOSAL: The applicant, Mr. McKenzie, received a building per- mit on June 24, 198B, permit #8109, to construct a 72 inch high alternating board fence along the back and sides of the rear yard. I conducted a final inspection on the construction of the fence on August 2, 1989 and found that the fence height From the adjoining ground level was between 92 and lOl inches high. In addition, the 6 foot high cedar alternating board fence was con- structed on top of a retaining wall due to the hill/slope in the rear yard. COMMENTS: An order was given to the owner of the property to apply for a variance within 30 days, or make corrections on the fence to reduce the height to meet City Code Section 23.415 of the Fence ordinance (attached). The fence ordinance sets a maxi- mum height of 42 inches when a fence is constructed on top of a retaining wall under the provisions of item 4(d), which states: "Fence heights shall be measured from the adjoining natural ground. Fences installed on top of retaining walls shall be limited to a maximum of 42" in residential zones." RECOMMENDATION: The staff does not see where a hardship has been established due to any exterior storage or adjoining clutter and trash as stated on the application. The topography of the lot does make it difficult to comply with the 6 foot height, yet the top of the fence is to be at the same height. I would suggest that the Planning Commission allow some variation to the retain- ing wall fence height of 42 inches, however, reducing it some- where below the current height of lOl inches. The abutting neighbors have been notified. This case will be referred to the Ctty Council on October 24, 19B9. Enclosures: plat map and Fence ordinance CiTY OF HOUND PART 11 Fee $50.00 Address oF Subject Property i_5 Addition '~)~(J~) )~ AOpI t cant' s Name ( t ~ other than owner) VAR I ANCE APPL I CAT I ON PLANN I NG & ZON I NG COMH I SS I ON (Please type or print the icl lowing information.) Day Phone AdOress Exlsttng Use of Property: Zoning District ~r~/ Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? Yes /~'-~. If yes, list date(s) of application, action taken, and provide resolutTon number(s) (Copies of previous resolutions must accompany this application.) I certify that all of the above statements and the statements contained tn any required'papers or plans to. be submitted herewith are true and ac- curate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. App, tcant's Signature ~/~~, d, ~ ~.~ DatedFX~ ,/~/q 7~ 111111111/11111111111111/11111111117/I/1i111~111111ll/1111111111~11//11~11~ FOR OFFICE USE ONLY: Planning Commission Recommendation Denied. Date 10-9-89 Council Action: Resolution No. Date iANCE APPLICATION Does the present use oF the property conform to a]~ regulations For the zoning district t~ which it is located? Yes(V~, No (). If no, specify each non-conforming use: Yes (), No (Vi~. i Do the existing structures comply with all area, height, bulk, and setback regulations For the zoning district in which tt ts located? If no, specify each non-conforming use: FEAcc Which unique physical characteristics oF the subject property prevent Its reasonable use for any oF the uses permitted in that zoning district? ( ) too narrow ( ( ) too smal I ( ( ) too shallow ( ) topography ) dratnage ) shape ( ) soil (.,~) sub-surface .( other: spectfy Was the hardship described above created by the action of anyone having property lnterest~ In the land after the zoning ordinance was adopted? Yes ( ), No (V3, If yes, explain Se Was the hardshtp created by .any other man-made change, such as the relocation of a road? Yes (~/), No (). If yes, explatn~a~.~ y~. VARIANCE APPLICATION Are the conditions of hardship For which you request a variance peculiar only to the property described tn this petition? Yes (~), No (). If no, how many other properties are similarly affected?... What is the "minimum" modification (variance) From the area, bulk, and setback regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and writ- ten explanation. Wtll granting of the variance be materially detrimental to property tn the same zone, or to the enforcement of this ordinance? PART SITE PLAN INFORHATION= All supporttnq documents such as sketch plans, attachments~ etc.~ must be submitted in 8-1/2"x11" size. IF larg,-_~ drawtnqs are submitted~ one must be 8-1/2"x11", and 15 larger stz= copies must be provided. For each requested zoning variance procedure, a site plan must be attached at a scale large enough For clarity show- lng the Following information: Location, area, and dimensions of existing and proposed: (Lot(s), building(s), driveway(s)/street access, off-street parking, and utilities. Existing and proposed elevations. Distance between: building and Front, s!Oe and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots· Location of: signs, easements, underground utilities, etc. Indicate "north" compass direction. Any additional information as may reasonably be required by the city staff and applicable sections of the Zoning OrOinance. ?l~t of Su~wey of ~ts 6 and l~, 94ock 16, ~von He.chin County, c~ · 4oo' 1" = Appendix B 23.415 Fences Fencing shall be permitted In all zones subject to the following: (l) No person, firm or'corporation shall erect, construct or place any fence without first making an.app]icatlon for and securing a building permit. The building official may require fence permit applicants to establish property boundary lines by a survey comp]eted by a registered ]and sur- veyor. In all cases, the City of Hound sha]] not be liable for the establishment or definition Of property lines. (2) E]ectrlc fences and barbed wire fences are prohibited except that barbed wire may be used In the commercial and Industrial districts as an anti- vaulting measure on top of a fence which equals 6 feet In height. In ' such cases, barbed wired shall not exceed the height of 1 foot above the top of the fence. (3) All fences shall be constructed of durable, weather resistant materials and properly anchored. Every fence shall be maintained in a condition of reasonable repair and shall not be a11o~ed to become and remain in a condition of disrepair, danger or constitute a nuisance. Fences in a state of disrepair or deemed to be a nuisance may be abated by the City by proceedings taken under Hinnesota Statutes, Chapter 429, and the cost of abatement, Including administration expenses, may be levied as a special assessment against the property upon which the fence is located. In residential and commercial districts, chain link fences and wooden fence~, constructed from commercially available materials, shall be per- mitted. Wooden fences shall not be constructed from twigs, branches, doors, siding or other wooden products origlnally intended .for other purposes. Wood and chain llnk fences shall be subject to the follo~ing restrictions: a. Front yard fences may be solld or open and shall not exceed forty- eight (48) Inches In height. Rear and side yard fences located behind the front yard setback line may be solid or open and shall not exceed Seventy-two (72) inches In height. Ce Fences on or adjacent to the shore line of any navigable lake, channel or stream shall not exceed thirty-six (36) inches in height. Fences on or along that portion of a side lot line from a navigable lake, channel or stream to the near side of the average buildlng construction line shall not exceed thirty-six (36) inches In height. Fence heights shall be measured from the adjoining natural ground. Fences installed on top of retaining walls shall be llmited to a maximum of forty-two (q2) inches In residential zones. e. All fenced areas shall be accessible through at least one gate having a minimum width of thirty-six (36) inches. f. Ali chain link fences shall have a top rail, barbed ends shall be placed at the bottom of the fence and posts shall be ~paced at (5) (6) (7) (8) intervals not to exceed eight (8) feet. For wooden fences, post spacing shall not exceed eight (8) feet. 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 t'wo finished sides. Chain link fences not exceeding ten (10) feet in height shall be'per- mitted to enclose tennis courts. Fences shall in no way detain or inhibit the flow of surface water drainage to and from abutting properties. Fences not exceeding seventy-two (72) inches in helght may be con- structed without restrict)on on the interior of any lot or parcel, providing that no such fence or wall shall be closer than ten (lO) feet to any common property line between abutting lots. In the case of lakeshore lots, no such fence or wall shall .be located in a manner which will block or otherwise adversely interfere with an adjoining property owner's lake view. Fences shall be required around swimming pools in conformance with Section 23.60q.q. (Ord. #465- 7/24/84) (ORD. #1(.)-lgB8- 11-15-88) I I' PROPOSED RESOLUTION Case No. 89-845 RESOLUTION #89- RESOLUTION TO APPROVE PLANNING COMMISSION RECOMMENDATION TO ALLOW THE MOVING OF A HOUSE FROM 3005 BRIGHTON BLVD. TO 4723 CUMBERLAND ROAD P&Z CASE NO. 89-845 WHEREAS, the applicant has requesteO approval to move a house from: 3005 Brighton Blvd., Mound, Minnesota, Lot 2, Block 15, Arden, PIP #24-117-24-44 0173; to: 4723 Cumberland Road, Mound, Minnesota, North lOl' of Lot 38 and the West 1/2 of Lot 39, Block lO, Pembroke, PIP #19-I17-23-33 0195. WHEREAS, the property at which the house is to be moved to (4723 Cumberland Road) is located within the R-2 Single Family Zoning District, and WHEREAS, Section 300:25 regulates criteria for the reloca- tion of houses in the City of Mound, and WHEREAS, the Planning Commission has reviewed the request and does recommend approval. The Planning Commission has found the proposed building to meet all zoning regulations. The Plan- ning Commission has approved a plan for the house which will create a house of the same general character and appearance as other buildings or structures in 'the vicinity, and WHEREAS, When a structure is moved or relocated, it must conform to the requirements for a new structure under the provi- sions of the Uniform Building Code, State of Minnesota, Section 104, except for the current energy code requirements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to approve the relocation of the sub- ject structure to 4723 Cumberland Road, North lOl' of Lot 38 and the West 1/2 of Lot 39, Block lO, Pembroke, PIP #19-117-23-33 0195, subject to the following: The following alterations, replacements, and repairs must be made to the subject structure prior to relocation: l) An escrow account is to be established with the amount determined by the City Attorney, to allow the City Attorney to draft a recordable document to assure removal of the structure on Lots 2, 3, 34, and 35, Block 15, Arden, known as 3005 Brighton Blvd. A bond at 125% of the proposed finished value of the house to ensure completion of the project shall be submitted. Proposed Resolution Case No. E:?~-845 Page Two 2) 3 ) 4) 5) 6.) 7) 8 ) 10 ) The hOLtSe is to be moved and co~pleted to code by 12-:.*~:1-'.-}0. 1'he house is to be constructed with a tuckunder garage as per' the plans submitted by the applicant (E)~hibits A & B attached ). A moving permit for the City o~' Mound must be obtained by a state licensed house mover in the amount o~ $50.00 plus proo~ o~ insurance and cash deposit or bond to move the structure over City streets. Yard grading ~nclud~ng sodding, entry stoops are to be provided. sidewal ks~ and new house A new foundation is required under the structure with beam and su0port systems in compliance with the building codes; this structure w~]l be required to be properly anchored, damp proo~ing applied to the ~oundation walls, and founda- tion insulation properly placed where necessary. Construction blueprints are required to permit the approval o~ the alterations to f~oor plans (including use o~ each room) heating layout, survey~ information as per attached; a cross section of foundation, and a energy audit by the utility company. The new site wi] 1 reouire two o~f-street parking spaces (650 square ~eet o~ area minimum)~ the survey will require an in- dication o~ a ~uture garage s~te if an accessory building is not planned at the time o~ the building relocation. F'rovide proper head room~ :3 ~:oot minimum width, pro0er risers and treads ~or both stairways and handrails to code. The exterior of' t~e bu~ ]d~ng has redwood sid~,ng w~th the paint peeling, the ~ront door ~rame is pulling away ~rom the house, the ~ront door threshold is rotted and needs replac- ing. There are aluminum storm and screen windows throughout the f'irst and second ~']oor'~ aluminum storm at the entry needs the stricker plate adjusted to assure closing. The window ]ams, s~ ~ls~ and sash throughout t~e bu~.lding must be painted and all putty in th~e w~ndows replaced in- cluding any br'oken of cracked glass. The ] ~ght and ven- tilation requirement ~or window area ~s proper and legal for each of' the rooms. Proposed Resolution Case No. ~,c~_o ~ Page Three lJ.) 12) 13 ) 14) 15) 16) The present, dormer wi].l be converted back into attic space in order to meet code. The woodwork ~n the building is painted with the paint chip- ping and peeling throughout the structure. All woodwork in- cluding interior Ooors must be refinished with sanding and two coats of paint. The kitchen cabinets and cupboards are press-board and are in proper working order. The drywall throughout the building has cracks and the seams and nails are showing on the drywall. All drywall and plaster shall be patched, sanded, and painted with a perm rated paint on the interior of exterior wa~ls and ceilings. The structure will need to be thoroughly cleaned with the wa~ls washed, scraped~ and painted; carpet and flooring cleaned~ and all windows washed throughout. Any building appliances that will be re-used including exhaust fans and ~ilters, must be in working order and tested. The roofing material, fascia and soffit boards must be re- placed. The current masonry chimney has a stainless steel liner. A fireplace stove ~s intended to be used with the current chimney. The gas ~orced air furnace will require new []lass B chimney ~or venting through the roof. The ~loor joists are 2"x8'' 16" O.C. ~or the second floor in portions visible, and the first floor joists are 2"xlO O.C. All supports, beams, and posts, including any cut or notched members must be repa~red when the home is relocated. The existing plumbing pipes are cast iron waste and vent with copper and some galvanized water piping. AI~ waste and vent, water pipe including sizing, must be brought to mini- mum code upon relocation. The water flow +rom each of the ~[:=.=:tupes must meet minimum code as It appea~s some of the galvan~ zed ] ~nes ape clogged. 'l'he water heater appears to be about one or two years old~ the wate~ softener Is five to ten years old, and the electric range and exhaust hood ape approx[mately ten to ~[Eteen years old. The house has electric base-board heaters ~n addition to forced a~P gas ~upnace. The ~opced air gas ~upnace appears to be ap- ppo).::~mately ~ve years old w~th [)pc)per ope~a~ion and vent. stack, however, the Eurnace must be supplied with combustion air and the ex~ st. ing air conditioning and compressor removed. Proposed Remolution Case No. 8?-845 Page Four There is a 100 amp electrical service to the existing build- lng, however, service grounding is necessary, ground fault interruotions, smoke alarms at each level wired on a separate circuit interconnected, and grounding of all out- ]ets must be supplied when the home is relocated to meet current code. This request to relocate a house within the City of Mound is granted for the ~ollowing legally described property: North lOl" of Lot..,'-~c',_, and the West 1/2 o~ Lot 3'~, Block IOY~, Pembroke, PID #1'~-117-23-3:B 019,5. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION October 9, 1989 be Case No. 89-845: Bruce McComb, Present Location 3005 BrtgDA ton Blvd., Proposed Location 4723 Cumberland Road, North lOl' of Lot 38 & the W I/2 of Lot 39, Block lOT Pembroke. P__iD ~19-117-23-033 0195. HOUSE MOVING. Building Official, Jan Bertrand, reviewed the applicant's request to move a house from 3005 Brighton Blvd. to 4723 Cumberland Road. The applicant is also requesting approval to reside in the house to be moved at its present location until he can build a new home on the same propertY. When his new home is complete, he will then move the house to the Cumberland aOdress. Bertrand sug- gested establishing and escrow account to allow the City Attorney to record a Oocument on the property with bonding to assure removal of the present structure after occupancy of the new. Bertrand reviewed the current statistics of the subject house, and the required improvements. The effective age of the struc- ture ts 1942 with a current square footage of 770. Applicant, Bruce McComb, displayed to the Commission a Front and side elevation drawing of the proposed improved structure as tt would be on the new lot. He also displayed photographs of all the existing houses on that bIock of Cumberland. Bruce pointed out that all but two of the homes on that block of Cumberland have tuckunder garages, the same as he is proposing to do. an attic, since it would be too difficult to bring it to code to use as a dormer due to the ceiling height and prober ~oorway~. In addition, he requested that t~e existing base-boara heat De allowed to remain, he feels it is adequate. He explained that he is creating a marketable starter home. He stated that he has received Di~s from two moving companies, and each said that the l~ouse would De easy to move because it is structurally sound and it is small. He added that he considered adding onto the ~ouse at its present location, however, it currently sits 10 feet from the road, therefore will always De a nonconforming structure and would only cause problems. Clapsaddle noted that the applicant Old not have a site plan for the new location on Cumberland, he commented that he would like the house to be placed on the lot to allow room For Future expan- sion in order to alleviate a hardship for the future owners. Jensen commented that she needed more information, such as the value of the surrounding homes, and the square Footage of the homes. McComb stated that his house would have approximately 1,200 square Feet of usable Floor area when it is Finished. MOTION made by Michael, seconded by Clapsaddle, to ap- prove the house moving from 3005 Brighton Blvd. to 4723 Cun~Derland Road per staff rec~endatlon, excluding the recommendation to re-configure the warm air ducts to the outside walls and the return air ducts to the Inside walls. In addition, a bond at 125~ of the proposed finished value of the house must be obtained in favor of the City of Mound to ensure completion of the project. The house ts to be moved and co~leted to code by 12-31- 90. The house is to be constructed with a tuckunder garage as per the plans submitted by the applicant (Exhibits A & B). Motion carried 6 to !. (Those in favor: Clapsaddle, Weiland, Thai, Meyer, Smith, and Michael~ those opposed~ Jensen.) McComb stated that he is in agreement with the motion. This case will be heard by the City Council on October 24, 1989. F~NT ~L-~VATI o~ l CITY ()f ,XlOL XI) 55-;' MAvWOOD qOAD MOL ~,,E' MiNh;ESOTA 5=3~m CASE NO. 89-845 TO: FROM: DATE: Planning Commission, Applicant and Staff dan BertranO, Building Official ~ Planning Commission Agenda of October 9, 1989 CASE NO.: 89-845 APPLICANT: Bruce A. McComD PRESENT LOCATION: 3005 Brighton Blvd., Mound PROPOSED LOCATION: 4723 Cumberland Road LEGAL DESCRIPTION: North 101' of Lot 38 & the W. 1/2 of Lot 39, Block 10, Pembroke, PID #19-117-23-33 0195 SUBJECT: House Relocation from 3005 Brighton Blvd. ZONING OF PROPOSED LOCATION: R-2 Single Family Residential PROPOSAL: The applicant is requesting to relocate a home on his property at 3005 Brighton Blvd. to 4723 Cumberland Road. Part of his application would be a request to build a new home on the property on Brighton Blvd. prior to the relocation of the home. After the home is built and ready for occupancy, his intention is to relocate the house currently on the property to the Cumberland Road address. If the home is not relocated prior to building a new structure on his property, I would suggest establishing an escrow account to allow the City Attorney to record a document on the property with bonding to assure removal of the present struc- ture after occupancy of the new. The effective age of this structure is 1942, with a current square footage of 770. The Hennepin County Property Appraiser's records are attached as well as the tax statement for this property. The structure's minimum useable floor area is 840 square feet. When a structure is moved or relocated, it must conform to the requirements for a new structure under the provisions of the Uniform Building Code, State of Minnesota, Section 104, except for the current energy code requirements. The State Legislature Case No. 89-845 Page Two recently passed a law allowing an energy audit to be made of an existing structure when being relocated. I made an inspection of the existing conditions of the home on September 25, 1989, and have found the following alterations, replacements, and repairs which must be made to the structure if relocated within the City of Mound. 1) A moving permit for the City of Mound must be obtained by a state licensed house mover in the amount of $50.00 plus proof of insurance and cash deposit or bond to move the structure over City streets. 2) Yard grading including sodding, entry stoops are to be provided. sidewalks, and new house 3) A new Foundation would be required under the structure with beam and support systems in compliance with the building codes; this structure will be required to be properly an- chored, damp proofing applied to the Foundation wails, and foundation insulation properly placed where necessary. 4) Construction blueprints will be required to permit the ap- proval of the alterations to floor plans (including use of each room) heating layout, survey, information as per attached; a cross section of foundation, and a energy audit by the utility company. 5) The new site will require two off-street parking spaces (650 square feet of area minimum); the survey would require an indication of a future garage site if an accessory building is not planned at the time of the building relocation. 6) Provide proper head room, 3 foot minimum width, proper risers and treads for both stairways and handrails to code. 7) The second floor of the structure does not have a minimum ceiling height of 7'6" in 50% of the Floor area which will require alterations to the roof structure. The existing roof has 2'x4' members 16" O.C. The exterior of the building has redwood siding with the paint peeling, the front door frame is pulling away from the house, the front door threshold is rotted and needs replacing. There are aluminum storm and screen windows throughout the first and second floor, aluminum storm at the entry needs the stricker plate adjusted to assure closing. The window jams, sills, and sash Case No. 89-845 Page Three throughout the building must be painted and all putty in the win- dows replaced Including any broken or cracked glass. The light and ventilation requirement for window area is proper and legal for each of the rooms. There are no doors into the second Floor bedrooms at this time. There is limited space at the top landing of the stairs to provide doors into each of these rooms. Doors should be provided to allow for privacy into these two bedrooms. The woodwork in the building is painted with the paint chipping and peeling throughout the structure. Ali woodwork including in- terior doors must be refinished with sanding and two coats o6 paint. The kitchen cabinets and cupboards ape press-board and are in proper working order. The floor coverings throughout the structure are in good condi- tion. The ceramic tile in the bathroom is in good condition. The drywall throughout the building has cracks and the seams and nails are showing on the drywall. AIl drywall and plaster shall be patched, sanded, and painted with a perm rated paint on the interior of exterior walls. The structure will need to be thoroughly cleaned with the walls washed, scraped, and patnted~ carpet and flooring cleaned~ and all windows washed throughout. Any building appliances that will be re-used including exhaust Fans and filters, must be in working order and tested. The roofing material, fascia and soffit boards must be replaced. The current masonry chimney has a stainless steel liner. A Fireplace stove is intended to be used with the current chimney. The gas forced air furnace will require new Class B chimney for venting through the roof. The floor joists are 2'x8' I6" O.C. for the second floor in por- tions visible, and the First floor joists are 2'x]0' 16" b.C. AII supports, beams, and posts, including any cut or notched mem- bers must be repaired if the home is relocated. The existing plumbing pipes are cast iron waste and vent with copper and some galvanized water piping. Al1 waste and vent, water pipe inc)uding sizing, must be brought to minimum code upon relocation. The water f)ow from each of the fixtures must meet minimum code as it appears some of the galvanized )ines are clogged. The water heater appears to be about one or two years old, the water softener is five to ten years o)d, and the e)ectric range and exhaust hood are approximately ten to fifteen years old. The house mas electric base-board heaters in addition Case No. 89-845 Page Four to forceO air gas furnace. The forceO air gas furnace appears to be approximately five years old with proper operation anO vent stack, however, the furnace must be supplied with combustion air and the existing air conditioning ann compressor removeO. The supply and return air ducts are the ol~er style with the suoply air on the inside walls and the return air on the outsiOe wails. The duct work should be re-configured to supply the warm air to the outside walls and the return air to the inside wails. There is a 100 amp electrical service to the existing building, however, service grounding is necessary, ground fault interrupt- ions, smoke alarms at each level wiren on a separate circuit in- terconnected, and grounding of ali outlets must be supplied when the home is relocated to meet current cone. if you have any further questions regarding the notification to the neighbors, or this report, please contact the Building Department before Friday, October 6th. The abutting neighbors have been notified. This case will be referred to 'the City Council on October 24, 1989. I- ._1 e.. ,~. 0,~ L 0 0 CITY OF MOUND 5341 Ma~,~ood R~::~d Pe~lt ~st be ~st~ with ~ving vehtcle. PERMIT NO.: DATE: FEE: (House $50 / Garage $10) APPLICATION FOR MOVING A BUILDING (Please print or type the following Information.) Name of Applicant [~C[ A, ~c~-ot~tG Day Phone Applicant's Add~ess (~X~ ~S~ ay Phone 9 l-ttto Address of Mover Present location of building: Owner of Property: ~-~ ~- ~tc-~01-t~ Address ~0o~ ~~ ~ ~ Block Addition ~~ ~~t~ Plat_ Pr~sed location of building: ~o~~ ~~ ~ner oF Property:~~~~AN~ ~[~ Address ~~ ~~~ R~AO Block Day Phone PID Day Phone ion ~E~G~E ~80~..I,o~ Plat PID ,nsions °f Buildln~: Length ~ ~l)Width ~7~1 Height To be moved (out of , Into , or within X .) the City of Mound. Proposed Route: ~/,k~k~-o~ ~lJJD ~~ ~O ~%~ ~o~ ~ ~Lk% Time DE ~ve= ~~ How ]on~ ~o be on 5~ree~= Neigh~ of vehtcle=_ Weigh~ of load= To~al ~e DE me~hod ~o secure l~d~ I~RTANT= 48 HOUR NOTICE PRIOR TO HOV]NG STRUCTURE TO POLICE DEPARTNENT, - CALL 472-3711 BETWEEN 8:00 AM AND 4:30 PM (AFTER HOURS 544-95ti). UTILITIES WARNING NOTICE= 454-0002 TO INSURE AGAINST DAMAGE TO STREETS DE.SIT REQUIRED OF $ (de.sit wfli be retuYneo if nd' de.ge has occured). INSURANCE CERTIFICATE REquIRED: Minimum amount of B.I. $200,000/ $600.000. P.D. $50.000, or Cash Bund $1,000 /~kpplicant's Signature Date APPROVED BY: Bldg Official__ Police Chief Public Works DIr. tved: State License Insurance Certificate Distribution: Bidg Official__ P~ltce CheiF Public Works Mover__ RELEASE OF BOND APPROVED: Public Works Director, 472-125! Date oeO-) II f~ f~ & House Movino Request Bruce M¢C0mb Proposed Site: 4723 Cumberland Road 4723 Cumberland Road 19-l!7-23-33 0195 Lot 38 & !/2 of 39. BIk 10 address unassigned 19-117-23-33 0109 Lot 37 & P/36. BIk 10 4733 Cumberland Road I9-117-23-33 0108 LOt 35 & p/36, BIk 10 3000 Drury Lane 19-117-23-33 0107 Lots 31, 32, 33. 34. BIk 10 4715 Cumberland Road 19-117-23-33 0196 Lot 40 & 1/2 39. Blk 10 4711 Cumberland Road 19-117-23-33 0191 Logt 41 & 42, BIk 10 address unassigned 19-117-23-33 0192 Lot 43 & p/44, BIk lO 4669 Cumberland Road 19-117-23-33 0193 tKots 44 & 45, BIk I0 address unassigned 19-117-23-32 0088 Lots 6. 7, 26. & 27. BIk 8 address unassigned 19-117-23-32 0087 Lots 4, 5, 28. & 29, BIk 8 address unassigned i9-117-23-32 0096 Lots 30 & 3], Blk 8 address unassigned 19-117-23-32 0097 Lot 32. p/31 & p/vac, st., Blk 8 address unassigned 19-117-23-32 0189 Lot 16 & p/17, BIk 8 4674 Cumberland Road 19-117-23-32 0190 Lot 18, p/17 & p/19. BIK 8 Land 7,500 House 9.000 ]6,000 56,800 72,800 I8,000 48,200 66,200 15,000 48,900 63,900 16,000 44,600 60,600 9.000 (subdivision approved by City Council i0-10-89, new house is proposed to be built) ]6,000 53,500 69,500 9.500 9,500 4,000 4,000 7,500 15,000 62,300 77,300 3337 1 t' x x II II X X X X X X *'~ X X II II X X > ~, z o -% ',-, rill ~ot IX x x x x x x !1 I CIT' ' ()f ,X I()L'NI) 6'2 TO: Planning Commission, Applicant and Staff FROM: dan Bertrand, Building OFficial ~y~ DATE: Planning Commission Agenda of October 23, 1989 APPLICANT: Creative Developers, Duane Barth LOCATION: 2920 Highland Court LEGAL DESCRIPTION: Lot 2, Block 1, Cobblestone Cove PID #23-117-24-41 0028 SUBJECT: Request to Build Deck & Stairway within a Scenic Easement EXISTING ZONING: R-I Single Family Residential PROPOSAL: The applicant, Mr. Barth, obtained a building permit (#8603) on September Il, 1989 to construct a deck and stairway to the lake at 2920 Highland Court. Mr. Barth is the developer of the Cobblestone Cove subdivision in the City of Mound. There was no site plan turned in with the permit, however, the surveying completed for the construction of the dwellings in the subdivi- sion was contracted by Mr. Barth. Upon my final Inspection of the structure, I noticed that the stairway and the deck was into the Scenic Easement of the property. Mr. Barth was notified to make an application For review at the City by applying For a Maintenance Permit through the Park Commission. The Park Commission review is in their minutes of October 12th and is attached for your information. Basically, they referred this request to the Planning Commission as they felt they did not review the easement prior to adoption by the City so it should be the Planning Commission recommendation to the City Council that should take precedence. The Cobblestone Cove plat was approved prior to the current ordinance which requires the Park Commission to review the subdivisions prior to Final approval. The Planning Commission was concerned, during subdivision approval, of the steep slope on the property, so the City Planner, Mark Koegler, drafted a scenic easement example For the developer to limit any destruction of vegetation and/or limit development on the slope to a four foot stairway without City review and approval. Staff Recommendation Page Two The center lot (parcel) on this subdivision had extensive soil erosion during the 17 inch rainfall in 1987. Trees, soil, and brush were taken out by the storm; fortunately, the basement un- der construction at the time did remain standing. If the Planning Commission recommends approval of this decking into the Scenic Easement, there are at least two points to con- sider. First, if the developer does construct this large deck, will the City restrict other decks? Is there a hardship on this lot which is not evident on the other properties in the scenic easement? This cannot be considered an emergency repalr as was the case with the neighboring property due to a natural disaster. Secondly, how does the construction affect the natural vegetation on the slope? Mr. Barth removed one dead tree and one live sec- tion of a Forked tree to construct the deck. I do not know how much low growth was destroyed. RECOMMENDATION: The Scenic Easement was drafted and recommended to the City Council as a condition of subdivision approval to protect the environment. It is staff's recommendation to remove the deck as the slope should remain forested with very limited hard surface to deter erosion of the slope. I have attached Sec- tion 23.711 of the City Code performance standards for Soil Ero- sion and Tree and Woodland Preservation for your review. The property owners within the Cobblestone Cove Subdivision have been notified. This case will be referred to the City Council at there meeting on October 24, 1989. cc: Jim Fackler, Park Director 335& MINUTES OF A MEETING OF THE I'IOUND ADVISORY PARK COHMISSION OCTOBER 12, 1989 Maintenance Permit: 2920 Highland Court, Creatt've Developers (Duane Barth), request to construct stairway and deck down to the laRe within a Scenic Easement. The Park Director explained to the Commission that the Building Inspector requested that the Park Commission review this par- ticular request. The Building Inspector Issued a building permit to Creative Oevelopers to construct a stairway and deck to the lake. When she visited the site For an inspection, a "Stop Work Order" was posted due to the size of the deck being constructed. Fackler explained that the Scenic Easement limits construction within the designated easement to allow only a 48" wide stairway. The Scenic Easement was a condition of subdivision approval to protect the environment. Duane Barth of Creative Developers, compared his stairway with the neighbors "elaborate" stairway. Barth stated that the neigh- bor received City Council approval to construct his stairway. Fackler explained that during the heavy rain Fall of 1987, the hill eroded and washed away ali the vegetation at the neighboring property, therefore, the City Council approved construction within their Scenic Easement to help prevent Further erosion. The Commission questioned staff why this issue was submitted to them For review. The Commission agreed that this is a planning Issue, especially since they did not originally review the sub- division or Scenic Easement. MOTION made by Weber, seconded by Andersen, to refer this request to the Planning Commission For their review at their meeting on October 23, 1989, then refer to the City Council on October 24, 1989. Motion carried unani- mously. CITY of MOUND NOTICE DATE: TO: FROM: SUBJECT: October 6, 1989 All Owners of Property within Cobblestone Cove Subdivision, Mound, Minnesota Jim Fackler, Park Director ~ Maintenance Permit Application 2920 Highland Court This notice is to inform you that at the Mound Advisory Park Commission meeting on October 12, 1989, 7:30 p.m., a Maintenance Permit will be reviewed for approval. The Maintenance Permit Application was submitted for the property at 2920 Highland Court, the owner is requesting approval to build a stairway with a deck down to the lakeshore within an established Scenic Easement. All persons attending this meeting will have the opportunity to be heard on this issue. If you have any questions, you may contact Peggy or myself at City Hall. pJ An eq,Jal Cpportumty Employer that does nol d~scr~rnmate on the bas~s of race, color, nabonal Origin. or handlcagped status 5341HAYkK:X)D-~D 472-1155 MAINTENANCE PERMIT APPLICATION ADDRESS: NAME 'OF COMMONS DOCKSITE #: ,' / . ADDITION: CrPX~/'~" ~ 'TZ'J,.Y],/'~'' LOT: .~l BLOCK : DESCRIBE REQUEST: (CHECK ONE) REPAIR EXISTING STRUCTURE/IMPROVEMENT REQUEST NEW CONSTRUCTION/IMPROVMENT TREE TRIMMING., UNDER-BRUSH TRIMMING CHEMICAL TREATMENT OF VEGETATION .EXPLAIN: APPLICANT MUST FURNISH 'THE FOLLOWING: One plot plan drawn to scale showing dimensions and location of the exlsttng or proposed structure/improvement. Type of chemical and method to be used. .Name, address, and phone number of contractor performing services, One 'set of plans and specifications of suFEtctent clarity and detail.to Indicate the nature and extent of the struc- ture or improvement. Photographs of the existing structure in need of repair, or of the affected area, Signature of APp~(Icant I Oat / I Planning Commission Minutes October 23, ]989 Creative Developers, Duane Barth: 2920 Highland Court, Lot 2, Block I, Cobblestone Cove, PlO #23-117-24-41 0028. ~_e~uest to 8ui ld Deck within a Scenic Easement. The Building Official, Jan Bertrand, reviewed the request to build a deck within a Scenic Easement. She explained that Mr. Barth, who was also the developer of the Cobblestone Cove sub- division, obtained a building permit to construct a deck and stairway to the lake. Upon her Final inspection of the dwelling, she noticed that the stairway and the deck was being built within the Scenic Easement. in the process of constructing the deck, one dead tree was removed, and one live section of a forked tree was removed. The Scenic Easement was drafted to limit any destruction of vegetation and/or limit development on the slope to a Four Foot stairway without City review and approval. Staff recommended that the deck be removed as the slope should remain Forested with very limited hard surface to deter erosion of the slope as stated in City Code Section 23.711 relating to Soil Erosion and Tree and Woodland Preservation. Duane Barth, applicant and contractor, spoke on behalf of the property owner. He stated that they have made every effort to maintain the slope and prevent erosion as the owner wants to protect his investment. He added that the owner wants to preserve the hillside, and the owner has already invested $8,000 into the construction of the stairway and deck. Mr. Gray, owner of 2920 Highland Court, commented that he did have a professional landscape company, Aspen Landscaping, draw a plan that would help preserve the slope; and this is the plan he is Following. Aspen suggested removing the section of the live tree since the tree had a few dead limbs and that section would drain the nutrition From the other section which would then even- tually die. He also stated that he had no knowledge that a Scenic Easement existed, he has contacted his title company and they are researching the issue. He said that the deck is com- plete, except For the deck boards. Mr. Gray added that his lot has 10,100 square Feet, the Scenic Easement is 5,000 square Feet, therefore, the Scenic Easement is 49 percent of his lot. His house is 75 Feet From the lakeshore. The Commission asked the City Planner's opinion on whether there would be more erosion with a deck covering bare ground, or with vegetation existing. He commented 'that a rock base could be added under the deck and this would hold the slope as well as natural vegetation. He also mentioned that the ground cover could not be replaced between now and next spring. MOTION made by Smith, seconded by Michael to approve construction of the deck as shown on Exhibit A upon the condition that an erosion control measure, acceptable to the City, be placed under the deck. The Commission discussed the possibility of setting a precedence to allow other decks within the Scenic Easement. It was noted that the Commission does not want this to happen. Mr. Gray stated that vegetation still exists under the deck, and the way it is constructed should allow enough sunlight under 'the deck to promote growth of vegetation. Motion carried 4 - 3. Jensen, Smith, Michael. Meyer.) (Those in favor: Clapsaddle, Those opposed: Thai, Weiland, Wei land suggested that the Scenic Easement be mailed to al 1 owners of property within this subdivision so they are aware of its presence, and hopefully will prevent this type of request in the future. Thai commented that he does not think the deck is necessary, adding that the owner could get by with a 48" wide walkway. Meyer commented that he does not want to see decks con- structed all along the slope and shoreline. This case will be heard by the City Council on October 24, t989. -O pA~ SCENI~ EASEMENT RESOLUTION 86-156 EXHIBIT A THIS INDENTURE made this 28t1~ day of O(~tober , 1986 by and betweenDunkley Investments, a Minnesota Partnership comp- osed of William M. Dunkley and Byron O. DunkIey, owners, and ASHco Partners, a Minnesota Partnership composed of Hans G. Wald- enstrom and Orvi. n B. Askeland, contract purchaser, and .Park Nat- ional Bank, a federally chartered Savings Bank, a United States of America Corporation, mortgagee of the following described pro- perty, hereinafter referred to as "Grantor," and the City of Mound, a Minnesota municipal corporation, hereinafter referred to as "City." WHEREAS, Grantor is the fee owner of the real property located in Hennepin County, Minnesota, legally described as That part of Block ! lying North of a iine 22.00 feet North and paralle! with the North line of Block 2, and extending from the West line of Block ! to the shore of Lake Minnetonka,"Minne- sota Baptist Summer Assembly". WHEREAS, Grantor has platted said property into a subdivis- ion entitled COBBLESTONE COVE; and WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit cer- tain acts destructive thereof, over a portion of the plat legally described as: That part of Lots 1-6, Block l, Cobblestone Cove, lying East- erIy of a:~line tZ5~O,feet.::eas.~o~, ~Q~uce~sa~sa_.~g~,.~gle to and parallel with the westerly line of said Cobblestone Cove. NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: RESOLUTION EXHIBIT A 1. Grantor hereby grants, bargains, sells and conveys to City and its successors and assigns an easement in, under on and over the easement area, hereinafter referred to as the "Scenic Easement,P and City hereby.accepts the Scenic Easement. 2. The Scenic Easement is granted and accepted subject to the following terms and conditions: A. The easement area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted upon the easement area, and no trees, shrubs or other vegetation shall be removed from the easement area without the prior written consent of City. B. No building, road, sign, billboard, utility or other man-made structure shall be placed ~n the easement area without the prior written consent of City. C. Grantor assumes the obligation of maintaining the easement area, subject to the provisions hereof. D. No trash, waste or other offensive material, soil or landfill shall be placed upon or within the easement area without the prior written consent of the City. E. No change in the general topo.graphy of the easement area landscape, including but not limited to excavation, dredging, movement or -2- RESOLUTION 86-156 EXHIBIT A Fo remova! of soil, shall be made without the prior written consent of the City, except that construction of stairs, 48" tn width maximum will be permitted. The duration of the Scenic Easement is perpetual. 3. This agreement shall bind and inure to the benefit of the parties, their successors and assigns. 4. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the ease- ment area. , CITY OF MOUND \\( Its City M~ge F -- ASHco P~INERS . _ PARK N~ONAL BANK / " Its ~h~_, RE$OLdituh ob-~;a EXHIBIT A STATE OF MINNESOTA) ) SSo COUNTY OF HENNEPIN) · ~,~ The foregoing,ins'trument was acknowled(led before me this /l~-Fr~day of and /,( }~ itt )~ and-~~~- ' ' Jof Dunkley Investments~ ...~' , a Part- nersh~p, on behalf of the partnership. STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ~'i~ d~ay of ~-C)~v~ , 198~, by /-/~_~ and ~.f ~~h I~ , respectively the and ~~ of--ASHco Partners, a partnership, on behalf 6f the partnership. STATE OF MINNESOTA) ~ ~.. c ,,. ~n:,.~g,c ) SS. ,,~D~ L,A: ~...,.:~,,,~ '~ · '"D.~ "~'~ 'V It''~'~ ',.~' COUNTY OF HENNEPIN) ~.i~,~, ~u,,..,.F.u,:,.~,,,,:SOT,~ a ~ ~ ~; n:~ :: .C' ',:. '. ,':Z~ ~ / , ~ ~ The for~going, instrume~~~,O~~..~ ore me and ~. ~~ , respectively the~. and ~~ of Park National Bank,a corporation, on behalf of the corporation. STATE OF MINNESOTA) ) SSo COUNTY OF HENNEPIN) The foregoing instrument N6 t~4"y P was a c k n ~' fOl~'"fn'~ this 28thday of October , 1986, by Robert PoIston and Edward Shukle , respectively the Mayor and city Manager of City of Mound, a Minnesota municipa! corporation, on behalf of the municipal corporation~ -4- CONSENT ~lne undersigned hereby consent to the Scenic Easemmnt to which this Consent is attached, and hereby join in and agree that their interest in the land covered by said Scenic Easement is subject to the easements, restrictions, covenants and conditions set forth therein. Chrzstophe ~~ New Horizon Enterprises, Inc. By://~ ~>j"2 '7"~,'~ · '~ -~? ~.'..~''~'' Its Chief Executive Off~ Mitek G. Roy .~ zb Dianne R. Roy ~ John J. Shackleford Paula S. Messer Gordon A. Jensen, Jr. STATE OF MINNLgDTA ,~,,~,,foregoing instrumant was acknowledged before me this/~ day of ~"_~2~-g~.z~--~ , 1988, by William L. Dunkley, the Chief Executive Officer of New Horizon Enterprises, Inc., a~~/tion ~/der the laws of the State of Minnesota, on behalf of t 5ratic~r STATE OF MINNESOTA COUNTY OF HENNEPIN T~e foregoing instrument was acknowledged b~ me this "~ d~'~ay of ~/0~2~~', 1988 By Christopher Jo~ggs_a~erilyn~u~ner, STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before nm this of __day 1988, by Michael G. Roy and Dianne R. Roy, husband The foregoing instrtmmnt was acknowledged before mm this of and wife. day , 1988, by John J. Shackleford and Paula S. Mmsser, husband STATE OF MINNESOIi~ COI~fY OF HENNEPLN The foregoing instrument was acknowledged before nm this__ of , 1988, by Gordon A. Jensen, Jr., single. day The foregoing instrument was drafted by: Thomas F. Underwood 1100 First Bank Place West Minneapolis, b~ 55402 CONSENT The undersigned, being the fee owner of the real property located in Hennepin County, Minnesota, legally described as Lot 3, Block 1, Cobblestone Cove, hereby joins in the Scenic Easement to which this Consent is attached and agrees that, effective this ~'r~day of February, 1989, the above described property shall be subject to the easements, restrictions, covenants and conditions as set forth in said Scenic Easement. C~?don A. Jensen.~,,/ State of Minnesota) ) ss County of Hennepin)  he foregoing instrument was acknowledged before me' this · 1989 day of Feoruary, , by Gordon A. Jensen, Jr. a single person. ~.:~1~1["~.~ HENNEPIN COL,- .-Y ~. 1''1~D C gNl"lc:ll~l~.' 001 MINUTES OF A MEETING OF THE MOUND ADVISORY PARK COMMISSION OCTOBER IZ, 1969 Per City Council direction: at Avalon Park. consider relocation of com~mDns docks The Park Director reviewed the history of having City docks lo- cated at Avalon Park, as It is outlined in the City Council Minutes of May 4, 1982. He reviewed the current status of the dockage at Avalon Park; there are Five docks, Four of which are being shared, therefore there ts a total of nine people that would have to De relocateD. Ihese Dock holders are non-aDU~lng residents which makes it very difficult to relocate these docks since there is no vacant City owned shoreline for non-abutting residents on the "island". Fackler referred to the dock location The following citizens spoke tn Favor of having the City docks remain at Avalon Park: Brian Johnson of 4445 Manchester Road, Bryan Clem of 4436 Manchester, Kathy Kinney of 3011 Island View Drive, Ron Johnson of 4416 Dorchester Road, and Cliff Schmtdt of 3001 Island View Ortve. There were no citizens present to speak In opposition of having the docks remain at Avalon Park. The Commission discussed the need for the docks to remain at Avalon Park. They questioned why this Issue was raised, and why these docks would present a problem. It was noted that Council- member Johnson raised the Issue, however a reason was not given. NOTION made by Weber to Inform the City Council that the Park Commission did reconsider relocating the City docks at Avalon Park and the recommendation Is to have the docks remain as is. Clough seconded the motion wlth an amendment: Councllmen~aer Johnson should appear before the Park Commission if he has an Issue with this Item. Weber accepted the amendment. Motion carried unanim- ously. This 1rem will appear before the City Council on October 24, 1989. 37/ CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 NOTICE DATE: TO: FROM: SUBJECT: October 10, 1989 Dock Permit Holders at Avalon Park Jim Fackler, Park Director City Docks at Avalon Park On September 26, 1989, the Mound City Council directed the Park Commission to consider relocating commons docks that are presently located at Avalon Park. The Park Commission will review this issue at their meeting on Thursday, October 12, 1989 at 7:30 p.m. at City Hall. Their recommendation will then be forwarded to the City Council for their consideration on October 24, 1989. If you have any questions or concerns regarding this issue, and are unable to attend the Park Commission meeting, please call me at 472-1155. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENt, The Mayor asked if there were any c£t£zens present who wished There were none. to speak. AVALON PARK - BOAT DOCKAG~ The Acting City Manager Fran Clark explained this item. At the September 12th meeting Councilmember Johnson stated he thought Avalon Park was restricted to prohibit boat dockage. Ia 1977, the Avalon Park Improvement association granted the City of Mound a permanent easement for park purposes. She did find a letter in the property jacket to the Park Board from members and neighbors of Avalon Park requesting they consider certain 6 September 26, 1989 restrictions. In July 1977, this property went tax forfeit and was taken by the City for park and drainage purposes. In June of 1978, the State of Minnesota conveyed this property to the City of Mound for park and drainage purposes. There was no mention of dockage in these documents. MOTION by Johnson, seconded by Jensen to direct staff to contact the Park Commission to consider relocating commons docks that are on Avalon Park. ~otion was unanimously passed. The vote was unanimously in favor. Motion carried. PARK COMMISSION RECOMMENDATION ON SPRAYING HERBICIDES ON CITY PROPERTY EXCEPT AT THE CEMETERY AND CITY HALL The Acting City Manager stated that the City did spray for dandelions and weeds but had stopped in 1985 due to the cost. The runoff into the lake. Currently'the cemetery and the City Hall are the only city properties that are sprayed. The Park Commission would like the City to reaffirm its policy on the use of herbicides on City property. After discussion Johnson moved and Jessen seconded the following motion: THE MOUND CITY COUNCIL HEREBY AGREES WITH THE PAEK ADVISORY COMMISSION THAT THE USE OF HERBICIDES ON CITY PROPERTY SHOULD BE CAREFULLY MONITORED. BUT THE COUNCIL ALSO BELIEVES THAT THERE NAY BE TIMES WHEN IT IS IN THE BEST INTEREST OF THE CITY AND ITS ENVIRONMENT TO USE HERBICIDES. THEREFORE THE COUNCIL RESERVES TO ITSELF THE RIGHT TO REVIEW THIS POLICY ON A CASE BY CASE BASIS The vote was unanimously in favor. Motion carried. REVIEW OF LIQUOR LICENSE AT THE JOCK CLUB AS IT RELATES TO RECENT VIOLATION OF GAMBLING LAW AND CONSIDER SUSPENSION OR REVOCATION OF THE LIQUOR LICENSE The City Council discussed the background on this item. The City Attorney explained the proper forum for procedures to revoke or suspend t~e liquor license. He then listed the options for the Council being: 1) There i~ October 4, 1989 PARKS WITH COMMONS DOCKS Name of Park/Beach Centervtew Beach Carlson Park Avalon Park Mound Bay Twin Park Ridgewood Park Lagoon Park Cresent Park Lost Lake Park Highland End # of Docks Ii 9 5 I (transit) 5 7 4 i? 6 9 Playground Equipment x Swimming Beach X X 44O December 22, 1981 C0uncilmcmber Charon moved the following resolution. RESOLUTION NO. 81-399 RESOLUTION APPROVING THE 1982 DOCK LOCATIONS WHEREAS, WHEREAS, WHEREAS, WHEREAS, the L.M.C.D. has granted the City of Mound 380 dock sites, and this will probably be increased to 400 sites in January, and the Park AdvisoryC~mmission and the Dock Inspector have made certain recommendations as to the assignment of the extra 20 docks as follows: Area 1 - Avalon Park has 160 fez of level shoreline, Class "D", and will accommodate.~/dock sites ~ ~. ~-)~o Area 2 - North Beachside has 60 feet of level shoreline, Class "D", and will accommodate 3 docks. Area 3 - Wren Access has 40 feet of level shoreline, Class "D", 1 dock site. Area 4 - Centerv|ew Access has enough shoreline, Class "D", to accommodate 8 dock sites. the Park Advisory Commission and the Dock Inspector have made the following other recommendations: 1. Dock site #43050 behind 4805 Island View Drive will not be assigned for 1982. This site, previously on Class "D" area, has become unaccessible and reclassified as Class "C" 2. Reducing the docks at Emerald Channel area from 5 to 3 for 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the Council does hereby approve all the above recommendations made by the Park Advisory Commission and the Dock Inspector. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon; the following voted in favor thereof: Charon, Swenson and Lindlan; the following voted against the same: none; with the following being absent: Polston and Ulrick; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk. Att~t: Acting City Clerk April 23, 1982 CITY of MOL;ND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 /612) 472-1155 Dear Prospective Dock Holder: We thought you should know that the City Council has been asked, by the resi0ents around the Avalon Park area (the location of your dock permit), to change their decision regarding the placement of docks in Avalon Park. because of the uncertainty about the outcome of this and the fact that we have other dock locations in the City open, we thought we should let you know so you didn't put your dock in and then perhaps have to pull it out. Please be assured, that this in no way means you won't get a dock permit for the 1982 season. What it means is we've run into a small problem which we will work out, but we need a week or two to do that. We really appreciate your patience on this. Sincerely, Jon Elam City Manager JE:fc cc: Don Rother, Dock Inspector May 4, 1982 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on May 4, 1982 at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston and Gordon Swenson. Councilmember Donald Ulrick arrived at 7:55 P.M. Also present were: City Manager ion Elam, City Attorney Curt Pearson, Police Chief Bruce Wold, Dock Inspector Don Rother, City Clerk Fran Clark and the following interested citizens: Gary Gasperinl, Bryan Clem, Clinton Gables, Donald Harris, Mike Lugauer, Donna Lugauer, Antoinette Case, Dave Griffin, Tom Roden, Ron Johnson, Frank Buysse, Gary Freund, Viv|an Massuch, Verna Hasse, Dan Christianson, Gary Paulsen. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The minutes of the regular meeting on April 27, 1982 were presented for consideration. Councilmember Swenson asked that on page 85, under the heading Part-Time Plumbing Inspector the following be added "Of the permit fees collected 85% will go to pay the inspector and 15% will go for administration." Councilmember Polston asked to have page 81, paragraph 3 corrected to read, "Councilmember Polston stated that it was budgeted, .... ". Swenson moved and Polston seconded a motion to approve the minutes of the April 27, 1982 regular meeting, as corrected. The vote was unanimously in favor. Motion carried. WESTONKA CHAMBER OF COMMERCE The Mayor introduced the new Manager of the Westonka Chamber of Commerce Mr. Don Harris. Mr. Harris stated that he is excited about this new job challenge and looks forward to working with everyone along County Road 15. AVALON BEACH - DOCKS The City Manager explained the background of the Avalon Park area to the Council. 1. An Easement was given to the City from the Avalon Park Improvement Association in 1977 for park purposes. 2. A letter from some of the residents in the area to the Park Commission, dated 7-20-77 recommending the following: "a. Keep the park usage limited to a picnic and swimming area. b. Do not allow boat docking, or docks, or boat launching from the park property. Boat traffic can be a hazard to swimmers, and an unsuper- vised dock could be a potential danger to young children. c. Restrict vehicular traffic thru the park - during both summer and winter months. This not only destroys the lawn, but the parking area and road access is very limited. We ask this not only for the park members and persons in the immediate area who will be using the park, but also out of consideration for the immediate neighbors to the park." 3. Resolution #77-368 - The Council concurring with the Park Commission limiting Avalon Park use to swimming and picnicing. 9O May 4, 1982 4. June 23, 1978 - Conveyance of Tax Forfeited Lands - Avalon Park to the City of Mound because some $8,000.00 in taxes were not paid. 5. Resolution #81-399 dated 12-22-81 - The Council concurring with the Park Commission decision to allow up to 8 dock sites at Avalon Park. The reasons for putting docks in Avalon Park are as follows: l. The L.M.C.D. allowed the City to increase their dock sites on Commons and Parks from 380 to 400 in 1982. 2. A heavy demand from people on the Island for close-in dockage. 3. This is one of the most underused beaches and parks in the City. 4. It is only a short walk to Pembrook Beach. The Manager explained that this item is on the Agenda to enable persons from the neighborhood to give their opinions on allowing docks at Avalon Park. The Mayor asked for a show of hands of the people present interested in this item. Approximately 10 to 15 people raised their hand. He then asked for comments from these people. 6 persons spoke against assigning docks to the Avalon Beach. stated that: 1. 2. They They didn't feel there was enough room for 8 docks. They felt the neighborhood should have been notified before a decision was made to allow docks in this area. They presented a 3 page petition, signed by approximately 100 people living in the area, stating "We the undersigned oppose Resolution No. 81-399 with moral reliance to the original Resolution No. 77-368; accepted policy of limiting Avalon Park use to swimming and picnicing; no boat docks or launching" Councilmember Ulrick arrived. 4. The Park is used extensively by the neighborhood. Traveling to Pembrook Beach, because of the narrow streets and having no sidewalks, is hazardous to children's safety. 6. Parking on these narrow streets will cause problems. 7. Dock will destroy the Park. The Mayor brought this item back to the Council for discussion. Four Councilmembers voiced reasons the docks should be at Avalon Park. 1. There is no conflict between using the Park area and having the docks in the lake. 2. Avalon Park is only ½ mile from Pembrook Beach. 3. There are 3 other beaches on the Island. 4. The Council's actions are in the interest of everyone in the community not just some. 5. The Dock Ordinance is fair and works very well in other areas and will work well in this one also. 6. The docks will be rented to people from the Island area. Councilmember Polston felt that since he was a member of the Council in 1977 when Resolution #77-368 was passed that he had an obligation to stand for that Resolution. 91 May 4, 1982 Swenson moved and Charon seconded the following resolution. RESOLUTION #82-130 RESOLUTION AMENDING RESOLUTION #81-399 PARAGRAPH 3 - AREA 1 - ALLOWING A MAXIMUM OF 6 DOCKS IN AVALON PARK Roll call vote was 4 in favor with Councilmember Polston voting nay. Motion carried. The Council explained to the persons present that the Park Commission will review the Avalon Park docks at the end of the season and make adjustments if necessary. REVIEW OF ADS 3 ACRES BY SEWER PLANT The City Manager presented the ad he has worked up for the 3 acre site near the sewer plant and asked for the Council's comments and suggestions. The Council discussed advertising the price of $37,500 as maybe being unrealistic. It was decided to just put "make offer" in the ad. The ad will be run in the next three Sunday Mpls. Tribunes, the next two issues of the Sun and The [a~r.' .... . .... Be ANDERSON BUILDING The City Manager presented the ad he has worked up for the Anderson Building redevelopment. Mayor Lindlan suggested that"strategic high traffic corner" be added to the location. This ad will be run in the next three Mpls. Sunday Tribunes, the next two issues of the Construction Bulletin and will be sent to all the people who expressed and interest in the building. DRAINAGE PROBLEM BETWEEN BALSAM AND SPRUCE The City Manager explained that the 1974-75 Street Improvement was done without storm sewer and curb and thus this area between Balsam and Spruce is a perpetual problem. He presented a letter from the City Engineer explaining what will have to be done to rectify this drainage problem and the cost estimate of $4,150.O0. This could be charged to the 1979 Street Improvement. Councilmembers Polston and Swenson stated that they thought this problem was taken care of when the streets went in and if it wasn't, it should have been done. Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-131 RESOLUTION AUTHORIZING THE MANAGER TO GO AHEAD AND IMPLEMENT THE DESIGN PLAN SUBMITTED BY THE CITY ENGINEER TO RESOLVE THE DRAINAGE PROBLEM BETWEEN BALSAM AND SPRUCE The vote was unanimously in favor. Motion carried. MOUND V. MILLER - 1980 STREET IMPROVEMENTS CONDEMNATION The City Attorney reported that the Commissioners determined that the damages are only in the amount of $950.00 instead of the $7,OOO.OO requested by the owners of the property. He is requesting that a check in the amount of $950.00 be sent to his office and they will transmit to the proper persons. 144 May 4, 1982 Councilmember Swenson moved the following resolution. RESOLUTION NO. 82-130 RESOLUTION AMENDING RESOLUTION #81-399 PARAGRAPH 3 - AREA 1 - ALLOWING A MAXIMUM OF 6 DOCKS IN AVALON PARK WHEREAS, on May 4, 1982, the Council did consider the question of whether or not to allow docks at Avalon Park, and WHEREAS, decided to allow only 6 docks at Avalon Park instead of 8 as stated in Resolution #81-399. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That Resolution #81-339, paragraph 3, be amended to read as follows: "Area 1 - Avalon Park has 160 feet of level shoreline, Class "D", and will accommodate 6 dock sites." A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Charon and upon vote being taken thereon; the following voted in favor thereof: Charon, Swenson, UIrick and Lindlan; the following voted against the same: Polston; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Attest:' C-ity Clerk CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 May 5, 1982 Dear Dock Permit Holders: Thought you should know the City Council reconfirmed their decision of last December to install six docks at Avalon Park. Don Rother will get the stakes installed indentifying your location and you are free to begin installation at your convenience. If you have any problems with the neighbors regarding your dock, please let us know. I am sorry for the delay and appreciate your patience. Sincerely, OE:fc K~$OLUTION NO. 77 368 RESOLUTION TO CONCUR WITH PARK COMMISSION & ACCEPT POLICY OF LIMITING AVALON PARK USE TO SWIMMING & PICNICING; NO BOAT DOC KS OR LAUNCH- ING& RESTRICTING VEHICULAR TRAFFIC THROUGH PARK & ONLY SMALL PARKING AREA. WHEREAS, members and neighbors of the Avalon Park have petitioned to the Park Commission to restrict the use of Avalon Park when it is obtained from the County, and WHEREAS, said restrictions are along the lines the park }as been oper- ating prior to donating it to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, 2viOUND, MINNESOTA: ' · That the Council concurs with the Park Commission and agrees to accept the policy of limiting Avalon Park use to: Limit the park use to swimming and picnicing Not allow boat docks or boat launching from the park property or adjacent street Restrict vehicular traffic through the park both in Summer and Wint · r Make available only a small parking area.. Adopted by Council this 16th day of August, 1977. 77-368 8-16-77 ~ ~1 oo Noo ~N ~400 $$00 3400 350O ~600 3383 RESOLUTION NO. ~9- RESOLUTION TO APPOINT RESPONSIBLE AUTHORITY FOR THE MINNESOTA DATA PRACTICES ACT WHEREAS, Minnesota Statutes, Section 13.02, Subdivision 16, as amended, requires that the City of Mound appoint one per- son as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on in- dividuals, within the City; and WHEREAS, the Mound City Council shares the concern expressed by the legislature on the responsible use of all City data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the statute. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota: Hereby appoints Edward J. Shukle, Jr. as the Respon- sible Authority and Designees Francene C. Clark- Leisinger and Leonard Harrell for the purposes of meet- ing all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register. The Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. This resolution implementing the Minnesota Government Data Practices Act shall remain in force and effect un- til modified by the City Council. LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Telephone 472-3711 Mound, MN 55364 Dispatch 544-9511 EMERGENCY 911 October 16, 1989 TO: FROM: SUBJECT: Ed Shukle, City Manager Sgt. William Hudson, Mound P.D. Parking Problem on Dickens Lane A resident of Dickens Lane has expressed a safety concern about having a parked car on the east side of Dickens Lane when travel- ing north up the hill and not being able to see if there is on- coming traffic before the crest of the hill. The public works department and the police department have reviewed this and recommend that there be no parking on the east side of Dickens Lane from the NSP pole south of 2900 Dickens Lane to the rock in front of 2930 Dickens Lane. Sgt. Roy and I spoke to all of the residents that would directly be affected by the east side of Dickens Lane being posted, "No parking between signs." Sgt. Roy and I explained to the resi- dents our concerns and why we were recommending the no parking area. All of the residents agreed with our concerns and no one had any objections. No /~-k The area that I would recommend.~b~.ng posted, " ing," is shown on the attached diagram. ?rw~r~- Hu~s~ am WH/sh October 24, 1989 RESOLUTION NO. 89- RESOLUTION DESI~NATIN~ NO PARKIN~ ZONE ON PART OF EAST SIDE OF DICKENS LANE WHEREAS, Chapter VII of the Mound Code provides that the City Council may from time to time, by resolution, establish rules and regulations relating to the use of streets within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Mound, Minnesota, as follows: The following street in the City of Mound, Minnesota, is hereby designated as a no parking zone. The East side of Dickens Lane from the NSP pole South to the rock in front of~930 Dickens Lane. 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 3387 CITY OF MOUND PROPOSED POLICY ON APFOINTMENTS AND/OR REAPPOINTMENTS TO THE PLANNING CO~4ISSION, PAR~ COMMISSION AND ECONOMIC DEVELOPI/ENT COMMISSION INTRODUCTION AND PURPOSE Advisory commissions serve as a vital resource to the City Council as the Council sets the overall policies for the City. Councilmembers consistently rely on the Planning Commission, Park Commission and the Economic Development Commission to provide background, analysis and research so that the Council can be more clearly informed on planning, park and economic development matters respectively. City councils do not have a sufficient mnount of time to study and analyze these types of issues due to the fact that their work load in other areas is significant. In order for these advisory bodies to function, ordinances have been established creating each group and stating their purpose and function. Included within each ordinance there are provisions calling for the method by which members are appointed, terms of office, election of officers, etc. Most importantly, however, is the fact that each commission could not perform its duties without dependable and reliable persons who are willing to dedicate a considerable amount of their personal time. Meetings are held at least monthly and involve one to four hours of time commitment per meeting. In addition, preparation for meetings involves more hours plus preparation time. Commission members are volunteers and serve without compensation. In the past, there has been no consistent method by which the City Council has made appointments or reappointments. The Council has recognized this problem and desires to clarify the process. Nothing contained within this proposed policy shall supercede provisions set forth in Sections 245, 255 and 260 of the Mound City Code. 335g 1 POLICY The City Council of the City of Mound, Minnesota, hereby establishes the following Policy: Definition of "Vacancy": A vacancy occurs when a term expires and the commissioner holding that term does not desire reappointment. A vacancy also occurs when a commissioner resigns his/her position prior to the term expiring· When a vacancy occurs, the City Manager is directed to advertise in the City's official newspaper that there are positions to be filled on a commission(s). Such advertising shall be done in the form of a "news release". Such news release shall include, but not be limited to, the number of vacancies, the length of the term, or request for letter of interest and/or resume, application deadline date, etc. The news release shall also state that prospective applicants will be required to interview with the City Council and respective commission jointly. Such interviews will be conducted as soon as possible following the application deadline. Each commission will formally recommend appointments following the joint interviews. The City Council will review those recommendations and will be responsible for making the appointments. Current commission members who wish to be reappointed must indicate such and the reasons for being reappointed in writing a minimum of sixty (60) days prior to their term expiring· If a member resigns during his/her term, such resignation must be in writing and submitted to the City Manager. In the case of a member resigning with less that ninety (90) days remaining on his/her term, the City Council, at its discretion, may delay filling the vacancy until the term officially expires. ES:ls .4~ THOMAS WURST, P.A. CURTIS A. PEARSON, P.A. dAMES O. ~iI~RSON. P.A. THOMAS F. UNDERWOOD, P.A. CRAIG M. ME:RTZ ROGER d. FELLOWS LAW OFFICES WURST, PEARSON, L.ARSON, UNDERWOOD & ME:RTZ IIOO FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 October 17, 1989 TELEPHONE: ($1:=') 338- 4:~00 IrAX N U M BE:Iai (1512) 338-26ZS Mr. Ed Shukle, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 OCT 1. 9 1989 Re: Dear Ed: Ordinance Changes - Sections 255:05, 260:10 As requested, we have prepared an ordinance amending Sections 255:05 and 260:10 of the City Code. We are enclosing the original of that ordinance herewith, and if it meets with your approval it can be presented to the Council at the next regular meeting. Ver~uly yours, Ci ~t~ Att~ ..... Cu~. Pearson CAP:ih Enclosure $3 0 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 255:05 AND 260:10 RELATING TO QUALIFICATIONS FOR PARK ADVISORY AND ECONOMIC DEVELOPMENT COMMISSIONS The City of Mound Does Ordain: Section 255:05 of the City Code is amended to read as follows: Section 255:05. Composition. The Park Advisory Commission shall consist of nine members. Eight members shall be appointed by the City Council and may be removed by a four-fifths vote of the Council; the Council shall select one member of the Council to serve on the Commission from among the Councilmembers, the said Councilmember to be appointed for one year, commencing in January of each year; the City Manager and the Park Director shall be members of the Commission ex-officio and without vote. On the terms of the members first appointed, two shall expire December 31, 1989; three shall expire December 31, 1990; and three shall expire December 31, 1991. Their successors shall be appointed for terms of three years. Both the original and successive appointees shall hold their offices until their successors are appointed and qualified. The term of ex-officio members shall correspond with their respective office tenures. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. Every appointed member before entering upon the discharge of his or her duties shall take an oath that he or she will faithfully discharge the duties of his or her office. All members shall serve without compensation, but may be reimbursed for actual expenses if funds therefor are provided in the adopted bu et of the Park Department. ---~ th... t.v consccut:ve thrca ~ Section 260:10 of the City Code is amended to read as follows: Section 255:05. Composition. The EDC shall consist of seven members. Six members shall be appointed by the City Council and may be removed by a four-fifths vote of the Council; the Council shall select one member of the Council to serve on the Commission from among the Councilmembers, the said Councilmember to be appointed for one year, commencing in January of each year; the City Manager shall be a member of the Commission ex-officio and without vote. On the terms of'the members first appointed, two shall expire December 31, 1989; two shall expire December 31, 1990; and two shall expire December 31, 1991. Their successors shall be appointed for terms of three years. Both the original and successive appointees shall hold their offices until their successors are appointed and qualified unless removed by a four-fifths vote of the City Council. The term of ex-officio member shall correspond with their respective office tenures. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. Every appointed member before entering upon the discharge of his or her duties shall take an oath that he or she will faithfully discharge the duties of his or her office. All members shall serve without compensation, but may be reimbursed for actual expenses if funds therefor are provided in the a~o-~e~u ~ u Cityu u~=~~u~--~ ....... -'-~-~ ---~---~-~ ........... ~-- ~''- The qualifications of the members of the Commission shall be those who, in the judgment of the Council, are representative of the community and are qualified by training and experience and interest useful for the fulfillment of the Commission's responsibility in economic development. Attest: Mayor City Clerk Adopted by City Council Published Official Newspaper WIDMER INC. P.O. 8ox 219 ST, BONIFACIUS, MINNESOTA 55375 Phone 446-1495 P~ge No, ~ o~ l_ Pages PROPOSAL SUBMITTED TO C'i~-v nF IVlntmcl STREET ~ Rt41 c~. STAT~ ANd zm~ ~6DE Mound~ ~ 55364 A~CHIT[CT DATE OF PLANS PHONE J.'7")- 1 JOB -h(A~l E .... JOB LOCATION DATE 9-30-89 JOB PHONE We hereby submit spec~ficahons and esttmates for: 1989-1990 SNOW REMOVAL PRICE PER HOUR FOR SNOW REMOVAL EQUIPMENT: Rubber Loader Model 66 Kawasaki (4 yd.) ...... $78.00 2 - 950 Cat (3 yd.) $72.00 Road Patrol Model 14 Cat Blade. $60.00 2 - T Dump Trucks with Plow & Sander ........................... $48.00 Pickups with Plows ......... $44.00 Dump Trucks ........ $45.00 Bobcat .......... $58.00 Salt-Sand Mixture .......... $35.00 per hr. per hr. per hr. per hr. per hr. per hr. per yd. We reserve the right to file · Mechanics Lien If bill Is not paid within the length of time prescribed by law. You agree to pay all cost Incurred pertaining to lien. We will not b~ responsible for any underground utilities that cannot be located by the utility companies or the homeowner. Normal clean-up Is Included In this proposal. There Is no sod figured In this proposal. We will not assume the responsibility for water pipes, trees, tree r~ots, sprinkler systems, etc. unless notified to exact location prior to excavatin~. Frost ripping extra charge. It Is expre~ly stipulated and agreed that the undersigned shall not be held liable for damages to grass, trees, shrubs and any underground obstructions, Including pipes, electrical wiring and etc In bidding job we figure soil to dq/. If wet, there will be extra charges based on time and material. ~t~ ~rl]pOJtt' hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: dollars ($ ) Payment to be made as follows: ~ A finance charge of 1.5% per month (18% annual rate) will be charged on past due a,~r.~u~t~/- All material is guaranteed ,o be as specified, All work ,0 be completed in a workmanlike ~ /// / '// manner according to standard practices. Any alteration or dev,ation from above specifica- Authorized ~ / /~'9 /_ Or dela~ ~yond our control. ~ner to car~ fire. tornado and other necessa~ ,nsurance. Note: This proposal may be Our ~rkem are fully cover~ by Wo~men's Compaction Insurance. w~thdrawn by us ~f not accepted wrthin days. A reptanre 0! lropnsal-The above prices, spec,fications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature Signature CITY OF MOUND MOUND, MINNESOTA CONTACTED SNOW REMOVAL SPECIFICATIONS Remove snow from designated parking lots and other specified areas as soon as possible after snow fall. Deposit snow as directed by Public Works. ~Z_R~~_i~_~_~£_~er March 1 call Public Works Street Su£erintendent at 472-1251. 2 o Central Business District steet and sidewalks as follows: a. West side of Co. Rd. #110, from 2365 Commerce Blvd. (Old telephone co.) driveway north to Lynwood Blvd. b. East side of Co. Rd. 110, from southside of 2372 Commerce Blvd. (Masonic Lodge) north to Lynwood Blvd. c. Northside of Co. Rd. #15, from Co. Rd. #110 east to Belmont Lane. d. Southside of Co. Rd. #15, from Co. Rd. #110 east- side of Post Office. 3 o Parking lots and alleys: a Johnson Bldg., lot and driveways. b 2365 Commerce Blvd. south and rear lots. c Swift Insurance rear of store. d 2345 Commerce Blvd. rear lot. e 2313 Commerce Blvd. (Nekta Bldg.) rear lot. f Koenig, Robin, Johnson & Wood Law Firm, rear and north lots. g. Parking lot south of railroad tracks, north of Co. Rd. #15, from First Minnesota east to Belmont Lane. (across of Moy's) h. South side of Dr. Soul's office. i. Auditors Road, all Co. Rd. #110 to Co. Rd. #15. j. Both lots, east and west of Post Office. k. Parking lot behind Dr. Lauers and Longpre's Bldg. 1. 24 hour lot south of Auditors Road, (gravel lot) m. 2339 Commerce (old bank) all. n. Road and parking area west of 2339 Commerce (old bank) noth to railroad tracks. o. Masonic driveway (after it's built) p. Lot in front of Coast to Coast and Mueller & Lansing Bldg. west to Co. Rd. 110. q. Marion Road, all. r. MTC lot and around passenger loading station. A Bid Bond or Certified Check Bid. The successful bidder will be required to post a Performance Bond or Certified Check in the amount of $500.00 The successful bidder must furnish liability of not less than $2OO,OOO for each individual, $600,000 for each occurrence, and against liabilit for property damage of not less than $50,000 for each occurence. The City reserv,,s tho rieht to reject anv an,! all in [orma l i t ies. The success[u[ bidder '*' ti ~end the bil in,-,~bm,, ...... fyi,-,, ,n th,, (',[tv on a monthly basis. These bids are to be firm for the lO%':c/ ?, I'~(] ':i,~',,r season. Ao Co EQUIPHENT ?, OPI'[P,A'I'OR (llourly Front End Loaders: (2 or 2~ yd. trucks: Single Axle, 5 yd. box. Tandem Axle, 10 yd. box List all other equipment to be used tor parking I,~t snow r,,mov,'~l, hourly rate ~eith operator. Actd ~-o s BILLS .... OCTOBER 24, 1989 BATCH 9101 BATCH 9102 82,890.11 47,384.43 TOTAL BI LLS 130,274.54 NO. IN~ICE NMBR t),~,'OICE L'EE ~LD DATE ~lE STATUS PRE-PAID 10/19/89 10/lO/89 PRiE-PAiD 10/I~f8'9 10/19/89 BE1.L~Y C[~PO~ATION VEN[OR TOTAL ~E-PAID 10/!9/89 10t19!89 PFdE-PAID 10/19/~ 10/19189 BOI'~IE KIR'FZ VENDDR TOFAL ~E-PAID I0/1g/89 10/19/~,, CITY CO. JNTY ~EDIT ~ION VEt~D~ TDTAL C0921) PRE-PAID I0/19/8g 10119189 CITY ~ MOUND ~"ElkClOR TOTAl_ PRE-PAID 10/19/89 10/19/~ PRE-PAID 10/19/89 10119/09 · COMHISSIOtER ~ ~VEN~ VEN[~SR TOTAL 01219 F'R~E-RAID 10/19/89 10/19/~ ~E-PAID 10/19/~ 10/19/89 DELBERT RiJDDLPH VENDOR TDI'AL D12~ ~E-PAID 10/19/~ 10/19/~ [~TA ~NTAL VENDOR TOTAL EI4~ PRE-PAID CITY A~OUNT 583.77 5S3.77 643.11 643.11 1,.,:6.~ · .,0. O0 ~0.00 .~..,0, O0 ~0..00 500.00 2.52% O0 2.52% O0 ~29.00 13.00 6.~ 25.52 44.52 44.52 2.~37..,78 2.159,78 6.6~,.$3 6.763.44 ~03.22 100.~ 100.32 86.64 86,64 186.96 1.164.15 14.40 37.~ 37.25 51,65 I,~)4.70 1~4.70 452,96 187.49 ~SCR I PT [ L1N LID dRNL -CD LIQ JR'NL-CD MICR~ILM 1984 ~LICE RECTOS JRNL-CD MICROFIL~ '85 P~ICE RECORDS J~IL-CD CR bltI~ ~/30 ~ JRI~L-CD LUNCH MTG EXP-P/C Lbl, ICH 81'O EXP-P/C PETTY ~ JRNL-CD SIT 9/~ PR JRt, IL-CD ~PT SALES TAX SEPT SALES TAX ,.i~NL-CD I1 CONTRACT FLlt~ 9.5 C~TRACT HOURS ~T DENTAL ~T DENTAL-FUEl' I RIEE OCT DENTAL-RE'T I~E ~T ~NTAL-REI' IREE 8:T DIENTAL-~TI~IEE ~-CD LIQ WINE AC, COL~T NL~BER 71-7100-9510 10!0 71-7100-~I0 1010 01-4140-426~) 1010 01-4140-426~ 1010 01-2040-(~900 1010 01-4140-412Y! 01-4040-41~ 01-4140-2200 I010 01-2040-0(0)0 1010 73-~-00(0) 71-~,cr2-~ 1010 81-4350-3100 1010 81-4350-3100 1010 01-2040-0000 01-4190-1510 01-4~0-1510 01-4140-1510 71-7100-1510 1010 71-7100-9510 71-7100-~20 l'I~ 9.01.5o F~E-PAID C~CK AMFJUNT CHECK ~ 64:3.11 ~04 10/17/89 2.,0.00 ~.?00 10111/89 ~0,00 ;.-X~.ll 10117189 25~,00 ~ 10/05/,~.. 44,52 ZxJ~-~lO 10/17/89 21~.78 2!;~t)76 10/~/~ 6763.44 29915 I0/17/~ 100.32 ~.-~.73 10!081~ 86,64 2<K~..13 10/17/~ 1304.70 ~,'8~ 10105/89 ~/o/ .,2? VK. INVOICE DUE HOLD NO. INVOICE N~BR DAI'E DA.FE STATUS ED PHILLIPS & SONS G18gO I0/lO/8q I0119!~ FI~EoPAID 10Y19/89 10/19/89 ME-PAID 10119/89 10/19/89 PRE-PAID 10/19/~ 10!191~ VENDOR TOTAL PRE-PAID 10/19/~ 10/17/89 C, LENWOOD INGLE'WOOD VEN£~]R TOTAL 01955 PRE-PAID 10/19/89 10/19/89 ~F__AT WEST LIFE ASSURANCE VENDOR TOTAL G1970 PRE-PAID 10119189 10119/89 GREG SKINNER VENDOR TOTAL GlqT1 PRE-PAID 10/19/89 10/19/89 G~)UP FEALTH PLAN VENDOR TDTAL G1972 RE-PAID 10/19/89 10/19/89 PRE-PAID 10/19/8~ 10/19/8g PURCHASE CITY DF MOUND MOUNT 10.92- 62~.53 161.30 I~9.05 5.21- '~5.14 80,31 ~0.03 4.30- 346.04 1,I01,05 I~.61 ~.96- 1.272.70 2603.41 31.20 35.85 12.04 4.93 4.93 ~.95 1 1463.00 157.69 157.69 157.69 19.10 19.10 19,10 T~3.57 1.11- .90 53.36 54.10 2'04.26 6.24- 3.92 53.38 309.42 DESCRIPTION DISC LIO WINE DISC JRNL-CD LIQ WINE DI~ ~BNL-CD LIQ WINE DISC ~-CD SEPT WATER COOl_ER SEPT WATER CDOLER SEPT WATER CDOLER SEPT WAllER COOLER SEPT WATER COOLER JRNL-CD DEF C~P 9/C~} PR ~NL-CD BAL DUE-WTR CDNF JRNq_-CD HOSP Q/30 PR ~NL-CD WINE DISC FRT JRNL-CD LIQ WINE DISC FRT MIX ~-CD JOURN,~L ACCOUNT NUMBER 71-7100-.'~,80 1010 71-7100-~10 71-T100-95~) 71-71(~-~,b0 lOlO 71-7100-~i0 71-7100-95~ 71-7100-7560 I010 71-7100-9510 71-71~-~ 71-7100-~60 1010 01-4140-4100. 01-4090-2200 01-4280-2200 73-7300-2200 78-7800-2200 1010 01-~40-0000 1010 73-7~-4110 I010 01-2040-0000 1010 71-7100-9520 71-7100-~60 71-7100-9600 1010 71-71~-'~10 71-7100-9520 71-7100-~60 71-7100-9600 71-7100-95~ 1010 Ti~ 9.0!,5~ PRE-PAID CMEO:: AMOU~ CHECK J D~TE :355.14 2~97 10110/89 346.04 ~.~. Ol 10!II/89 1272.70 2~07 10117/89 88.95 29893 10/10/89 1463.00 29881 10/00./.~. 157.69 ~,~ 10102189 Ig. 10 ~87 10,/05f89 53.36 27~,7 1010318? 30~.42 2X/8 95 10110189 :'i6E S P U R C H A S E J O U R N A L [.~TE IL, :~ :?s AP-C02-O1 CITY OF ~OUND TIME 9.01.59 VENDL'~ Ill'VOICE DUE HOLD NO. INVOICE ~BR DATE DATE STATUS ~E-PAID 10/19/89 !0/lq/89 GRIGGS COOPER & COMPANY VENDOR TOTAL H2145 PRE-PAID 10/19/89 10/19/89 HEN CO SUPPORT & COLLECT* VEN~QR TDTAL H2160 PRE-PAID ~0/I9/89 10/19/89 HENN CD TREASURER VENDDR TOTAL IZ301 PRE-PAID 10/19/89 10/19/89 ICMA RETIREMENT TRLL~T-457 VE]tI~)R TOTAL I2~4 PRE-PAID 10/19/89 10/19/89 !C)~A R~IREMENT TRUST-401 VEF~JOR TOTAL J~.32 PRE-PAID 10/19/89 10/19/89 JOCK CLUB VENDOR TOTAL ~571 PRE-PAID 10/19/89 10/19/89 PRE-PAID 10/19/89 10/19/89 ~Q~ TAFFE VENDOR FOTAL J2579 PRE-PAID I0/19/~ 10/19f89 PRE-PAID 10119189 10119189 PRE-PAI~ 10/19/89 10/19/89 AMOUNT DESCRIPTION 65.31 LIQ 177.03 WI~ 4.~- DISC 2.08 FRT ,.%~.57 ~R~-CD 602.~ ~.46 SUPP [ED 9/30 PR .-'~).46 JR~-CD 288.46 21,556.36 2ND 1/2 RE TAX 2,80;.74 C~D 1/2 RE TAX-CO 15 24,361.I0 dRNL-CD 24361.10 512.90 ICHA 457 9/~ PR 512.90 J:(~.-CO 512.90 91.~8 ICMA 40L 9/30 PR 91.~ JRNL-CD 91 25..90 DINNER-C.O,W. MTG ~.':)0 dRNL-CD 383.50 $9 ~RACT HDURS 38~.50 JR~-CD 500.50 ~ C~TRACT ~ 500.50 dRNL-CD 8~4. O0 1.3Q4.30 LIQ 4~.69 WINE 32.40- DISC 1,725,59 JRNL-CD 1,124.28 LIO 1,5~.53 WINE 38.00- DISC 2.6-36.81 JRNL-CD 1,45~.00 LIQ 16.00- WINE 29..~- DISC 1,410.40 ~NL-CD ACCOUNT NUMBER 71-7100-~510 7!-7100-95~ 71-7100-956~ 71-71{~-9600 1010 01-2040-0000 1010 01-4320-5310 1010 01-2040-0000 1010 01-2040-0000 1010 01-4020-4120 1010 01-4340-3100 1010 01-4340-3100 1010 71-7100-~I0 71-7100-~20 71-7100-9560 1010 71-7100-9510 71-7100-9520 71-7100~9560 1010 71-7100-9~10 71-7100-520 71-7100-~60 1010 PRE-PAID AM~JNT 239.57 288.46 24361. I0 512.90 91 ~.90 383.~ 500.50 17~.59 2636.81 1410.40 04ECK CHECk # DATE ~,~.-05 I0!17/~9 ~878 10/05t89 10113/89 L'9879 10/05/89 10/05189 L~.16 10/17/89 ~).874 10103/89 29914 I0/17/~ 2.~69 10100/39 2~96 10/10!89 10117/89 AP-C02-O1 CITY OF MOLTO TIME 9.01.5~ U~DOR I ~',"~ I ~ DUE HOLD JOhliSDN BROS WHOLESALE LI* VENDOR TOTAL 5772.80 L28!? FRE-P~ID 4q.O0 L~'4IDN ~/~0 PR lO/lg/8~ 10/1~/8~ 44,00 d~NL-CD LAW ENFORCEMENT LABOR 5ER~ VENDOR TOTAL 44,00 M3OgO PRE-PAID 87.~, 10119/89 10/19/~r9 87.36 ~-CD ~D CENllER ~ALTH PLAN VENDOR TOTAL 8?.36 MoI~I PRE-PAID 87,08 PLYWOOD 10/19/89 I0/19/87 87,08 ME~RD'S VE]tDOR TOTAL 87,08 M3170 PRE-PAID 2.277.00 SEPT SAC 10119/89 10/t9/89 2.277,00 d~NL-CD METRO ~STE ~NI'R1]L CDMMI* VtENI)D~ TOT~ ~77.00 M3401 F'~qE-PAID 2t:~3.00 ~ ~ 9/30 PR 10119!~ I0/19/~ 208.~ MN RETIREMENT SYSTE?i VENDOR TOT~ ~455 PRE-PAID 5~.65 ~I~ 9/30 PR 10/Ig/89 10/19/8~ 595.65 ~-CD MN TEA~TERS LOCAL 320 ~ TOTAL 595.6.5 M3501 FRE-PAID 73.19 REDUCE '89 CBD ASSES~C4'IENT 10/10/89 10/19/8~ 73,19 JRNL-CD MOL~qD LOIRE #320 VENDOR TOTAL 73.19 PS,.C~50 ~E-PAID 5.~4.64 P~'RA 9/30 10/lg/~ I0~19/~ 5.~4.64 ~tNL-CD P E R A LE-N[O~. TOT~ 5924.64 P4011 PRE-PAID 70.50 REFUND E~W ACCT 10/17/89 10/I?/~ 70.~ J~I4L-CD PHILLIP HA$CH ~N[~JR FOTAL 70.50 P~)30 P~-PAID 438.~ HO~ 9/~ 10/19/~ lO/19/G"~ 4[-8..g0 JRNL-CD PHY$IC]~S ~ ~ k~-ND(]R TOT~ 438,90 ~4112 PRE-PAID 68,9.70 HOSP-~Elt~-PPD 10/19/~ 10/19/~ ~9.70 ~-CD Ol-2O4O-0~ 1010 01-2040-0000 1010 78-78~-2360 1010 78-2304-00~ 1010 01-20~-(~XK) 1010 01-2040-~00 1010 40-6000-~10 1010 01-~40-00(Q 1010 01-2300.-0964 1010 01-2040-0000 I010 71-1285-0000 1010 PRE-PAID 44,00 87.36 87,08 2277.~ 288.00 5~,65 73.19 5924.64 70.50 4~.90 689.70 C~CK 2~ 10/05/89 ~886 10/05/8q 2~03 10/16/89 2~891 10104189 ?Y88'2 10105189 ~ 10!05/~ 2~ 10/!0/89 2':~ 77!0/05/89 2~ 1011~/87 ~885 10/05/89 ~-'871 10103189 33' 7 AP-C02-01 VENDOR INVOI~ DUE HLI_D ~. INVOI~ NMBR DAlE DAlE STAT~ P~VIDE'NTIAL LIFE INS CO VE~DR TOTAL 04171 PRE-PAID 10119189 10/19/~ PRE-PAID 10119/89 10119159 PRE-PAID 10/19/89 10/19/89 QIJALIT¥ WINE & SPIRITS VEI~8~]R TOTAL R4259 PRE-PAID 10/19/~ 10/19/89 PRE-PAID 10/19/89 10/19/89 ROBERT E ~)'~4S~i~ VEND~ TOT~ P~-PAID 10/1¢/8~ I0/1~/G~ STA~ ~ ~ ~D ~ TOT~ S4511 ~-PAID 10/19/~ 10/1~/~ STA~ CAPIT~ ~EDIT ~I~ ~ TOT~ PRE-PAID 10/19/89 10/19/89 STATE TREAStI~ER VENDOR TOTAL S4630 PRE-PAID ~F"E_RAJwERICA 10/19/89 10/19/~ VENDOR TOTAL F-I i] R C H A S E CITY OF PH]L~'JD ~DUNT 669.70 1.61%46 173.75 34.14- 1,75%07 2.420.36 ~5.70 51,~}- 2.6C5.06 1.537.12 106.90 32,15- ~.90 1,645,77 616.96 616.96 308.48 94.67 403.15 1020.11 9.828.~ 9.828.~ 498.33 498.33 498,33 ~9.06 859,06 ~9.06 15.33 26.76 ~8.77 94.14 132.64 54..85 711.56 19.~ 1,9~.10 DE~RIPTION LIQ WINE DISC ~.-CD LIQ WI~ DISC JR~_-CD LIQ WI~ DISC MIX dRNL-CD 64 CONTRACT ~ ~-(NL-CD 32 CONTRACT,S OCT HO~ JRNL-CD FIT 9/30 PR JRNL-CD CR L~ION 9/30 PR JRNL-CD ,~ QTR SLIR~A~E ~NL-CD C~SDLINE GASO, INE GASDLI~ ~SDLINE GASDLINE GASOLINE C, ASDL I~ GASOLINE FILM JR~-CD I%5,10 J 0 U ~' N A L NUMBER 71-7100-9510 71-7100-95~ 71-7100-9560 1010 71-7100-9510 71-7100-9530 71-7100-9560 1010 71-7100-9510 71-7100-~5~ 71-7100-9560 71-7100-9540 1010 01-4340-3100 1010 01-4340-3100 01-4340-1510 1010 01-~40-0000 1010 01-2040-00(0) 1010 01-~22-0000 1010 [;ATE iC- ,:,~ Ti~ 9.01.57 PRE-PA I D CHECk: AMDUNT CHECg 0 DAlE 1759.07 29870 10/03/89 26~.06 ~.~.98 10/10/89 1645,77 ~.~..~ 10/17/89 616.96 ~72 10/03/~ 403.15 2~912 10/17/89 98~.93 29875 10/05/~ 4~.~ 2Lc~84 I0/05/~ 859.06 ~ 10/10/89 01-4190-~10 ' 01-4~0-2210 01-42~-2210 01-4340-2210 ~-4170-~10 73-7300-~10 78-7800-2210 01-4140-2210 01-4140-2200 1010 1,%75.10 298~ 10/02' ~PoC02-0! VENDOR INVOICE DUE ~LD NO. I~OICE ~iSR DATE DATE STATUS PURCHASE CIT¥~MDL)~D AMOUNT [ESCR IPT ION JOURNAL ACCOUNT NUMBER PRE-PAID AMOUNT DATE I 0 '~ ';,.':': TIME 9,01,5~ CHEO.' 0 DATE USlO0 PRE-PAID 10119189 10119189 UNII'DO RENTAL SYSI'EM VENDOR TOTAL TOTAL ALL VENDORS ~.2.97 SEPT TOWELS 151.25 SEPT RUGS 1Sq).O6 SEPT UNIFOR~US 27.61 SEPT UNIFOAMS 70.56 SEPT UNIFORMS 70,56 SEPT UNIFORMS 62,00 RED RAGS 2,73 RAGS 5~.°5,7¢ JRNL-CD 585,74 82.890, 0!-4290-2250 01-42~-22(X~ 01-4280-2240 01-4~0-2240 73-7300-2240 78-7800-2240 01-4:740-~00 2-4170-2200 1010 595.74 '" 9 ,~). 4 10/1078~. 6~-~02-01 tE'NDOR ND. INtq)ICE NMBR AO060 IN'~l]I CE DUE HOLD OATE DATE STATUS )CRO-MN A(X182 10!19/89 10119/89 VENDOR TOTAL 10/19/89 10/IQ/89 AERIAL PAINTING. INC VENDOR TOTAL A0190 ALLIED BLACktop CO A0240 10/19/89 10/19/89 VENDOR TOTAL 10119189 10119/89 AMERICAN WATERW(]~I<S ASSN ANCHOR PAF~ER B0535 VENDOR TOTAL 10/19/89 10/19/89 VENDOR TOTAL 10/19/89 10/19/89 BARCO M~NICIPAL PROL~JCTS.* VENDOR TOTAL B0540 BATHKE COMPANY ~77 10/19189 10119189, VENI)O~ TOTAL 10/19/89 10/19/89 BFI RECYCLING SYSTEMS OF M VENDOR TOTAL BO600 10/19/89 10/19/89 ~".~ :J HGS E ~ - - ~"~L CITY OF MOUND AMOUNT I5.~ 20.73 .'--Q. 12 · .0.5~ 15.28 7.64 7.64 7.64 189.85 189.~ 70.00 70.00 70.00 80.00 80.00 80.00 58.00 58.00 2~.68 292.68 292.68 45.96 45.96 45.96 7.50 7.50 12.50 2.50 30.00 4.577.65 4.577.65 4577.65 59.00 136.00 35.00 230.00 DESCRIPTION OFFICE SUPPLIES OFFICE B_mPPL IES OFFICE SUPPLIES OFFICE SUPM. IES OFFICE SUPPLIES OFFICE SL~I~L IES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES JRNL-CD PAINT PDLE-LYNWOOD JRNL-CD BLACKTOP JRNL-CD '90 OLES-AWWA d~'l~.-CD XEROX PAPER JRNL-CD HIP BOOTS dRNL-CD SEPT OXYGEN SEPT OXYGEN SEPT OXYGEN SEPT OXYGEN JRNL-CD SEPT RECYCLE SER¥ JR~I,-CD SEPT GAP~QGE-FIRE SEPT GARBAGE-PW & EXTRA SEPT GARBAGE-SII~'ET JRNL-CD ACCOUNT NUMBER 01-4040-2100 01-4090-21~ 01-4140-2100 01-4190-2100 01-4340-2100 01-4~0-2100 71-7100-2100 73-7300-2100 78-7800-2100 1010 01-4280-4200 1010 01-4280-~40 1010 73-7300-4130 1010 01-4320-2100 1010 78-7800-~00 1010 73-7300-2200 78-7800-2200 01-4290-2200 O1-4290-2200 1010 01-4270-4200 1010 22-4170-3750 01-4290-3750 01-4~0-3750 1010 PRE-PAID AMOUNT TIME 10.58.40 CHECK CHECK # DATE F';,SE ;' PU~CH~SE JOUF, N~L AP-CO~-O! CITY OF MOUND INVOICE ~ ~D 1.~2.22 F~OCES ~IL-PW C.S. M~R~SAN CONSTR~TIO V~OR TOTt 1562.22 C(~ 58.63 SEPT HD~ ~IES 32.17 ~PT H~ ~IES 7.~ ~PT H~ S~IES 10.78 ~PT ~WE ~IES 6.~ ~PT HI~ ~LIES 2~.76 ~PT H~ S~LIES 15.~ ~PT H~ S~IES 3.59 ~PT ~ ~J~LIES 8.49 ~l ~ S~IES 17.94 ~ASS SEED 36.77 ~PT HD~ ~IES I0/19/~ I0/1~/~ 221.61 JR~-CD ~ TDT~ CDAST TO COAST C~PUTDS~ERV ICE INC C1010 COMMUNICATION AUDITOR C1079 10119/89 10/Ig/89 VENDOR TOTAL 10119189 10/19/89, VENDOR TOTAL 10/19/89 10/19/~ CONTINENTAL TELEPHONE VENDOR TOTAL 31150 O J EXCAVATING 01169 10119189 10/19/~ VENI)DR TOTAL 221.61 907.0X) COMPUTER LEASE 5~5.~ COlt~UTER MAINT 1.452.3 JRNL-CD 1452.~ 56.14 PACER REPAIR 56.14 JRNL-CD 56.14 200.36 TELEPHONE 320.57 TELEPHONE 2.31 TELEPHDNE 6.05 TELEPHDNE .75 TELEPHDNE 1.16 TELEPHONE 63.71 TELEPHDNE 63.39 TELEPHONE 118.~ TELEPHDNE 31,70 TELEPHONE 140.~ TELEPHONE 63.96 TELEPHONE 67.70 TELEPHONE-COmPUTER 1.081.49 J~NL-CD 1081.49 95.00 B_ACK DIRT-CEMETERY 95.00 ,JRNL-CD 350.00 CERT C(~JRSE-Ht~GETT 60-6000-53(>.q 1010 01-4280-2200 01-42~-2300 01-4290-2250 01-4290-2300 01-4~20-2200 01-4340-2200 01-4340-~00 01-4340-~10 73-7t~X)-~O0 ~-4170-2200 1010 01-4095-5000 01-40~5-3800 1010 ~-4170-38~ I010 01-4140-3220 01-4,~0-~20 01-4040-32'20 01-4090-3~0 01-4340-~20 01-4060-2200 01-4~40-3220 01-4280-3220 73-7300-3220 78-7800-~ 71-7100-.~-~0 ~-4170-~2"0 22-4170-3~ 1010 ~-8000-257~ I010 01-41~-4110 [;ATE 10,'?,'~:'~ TIME 10.58.40 PRE-PAID C)'ECK 3 ol AP-C02-01 VEN~DR IN~]ICE DUE WDLD NO. INVOICE NHBR DATE DAlE STATUS 10/19/89 10/1~/~ DAk'DTA CD TEO~ICAL INSTI* VENDOR TOTAL 01170 DAKOTA RAIL INC DI$~ DUANE'S 66 SEn/ICE F1530 FFFD RITE CDNIROLS F1548 10/19/89 10/19/89 VENDOR TOTAL I0/19/89 I0/19/89 VENDOR TOTAL 10119189 10119/89 VENDOR TOTAL 10/19/89 I0/19/89 FINAL TOUCH SERVICES. INC UENDOR TOTAL F17~ 10/19/89 10/19/89 FRAhI( MADDEN & ASSOC VENDOR TOTAL Ol~5 10/19/89 10/19/89 60FqHER STATE O~E-CALL, INC ~ TOTAL H21~ 10/19/89 10/19/89 ~ENN CO PUBLIC RECORDS VENDOR TOTAL J~4~l J & S CLEANING CO. J24~0 J B DISFRIBUTING J2460 J P COOKE CD 10/19/89 10/19/89 VENDOR TOTAL 10/19/89 10/19/89 VENDOR TOTAL 10/19/89 10/19/89 VENDOR TOTAL CITY OF MOUND AMOUNT DESCRIPTI~ :~0,00 JRNL-CD 350.00 ~05.65 RR LE~E TO ll/1S 2~4.~ ~ LEASE TO 11/15 613.00 ,~NL-CD 613.00 36.02 LP GAS .36,02 JRNL-CD 36.02 579.77 Pt~ REPAIR 579.77 J~NL-CD 579.77 165.00 WINDOW WASHING-C HALL 165.00 ~NL-CD 165.00 2.678.35 AUG-SEPT ARBITRATION 2.678,35 JRNL-CD 2678.35 ~5.00 SEPT ONE-CALL 325.00 JR~.-CD 325.00 230.00 DEEDS & CERT-COBBLESTDNE 20.50 DEED - SINQ. AIR CT ~0.50 J~NL-CD 590,00 ~T JA~ITOR SERV 590.00 dRNL-CD 590.00 82.12 CLEANERS 82.12 ~UIL-CD ~.12 79.~ DOG TAGS 79.55 JRNL-CD 79..~ ACCOUNT NUMBEB 1010 40-6000-3910 01-4320-3910 1010 0142~-2200 1010 73-7300-~60 ~010 01-43~-3800 1010 01-4~9-4100 I010 73-7300-4200 1010 01-~00-0962 01-41~-3100 1010 01-4320-4210 1010 01-4290-2~ 1010 01-4140-~00 1010 PRE-PAID AMOUNT TIME 10.58.40 CI~CK CHEC~ (l DATE :AlE 4 VENDOR NO. INVOICE NMBR ,.F2533 JOHN BREI TNER J25.60 INVOICE DUE HOLD DATE DATE STATUS I0/1~/89 1011'~/87 VENDOR TOTAL 10/19/89 10/19/89. VENDOR TOTAL 10/19/89 10/19/89 JO~Bt L NORMAN VENDOR TOTAL ~600 10119189 10119189 JOYCE NELSON VENDOR TOTAL K2720 10/19/89 10/19/89 K..qAOMER CD. VENDOR TOTAL L2811 10/19/89 10/19/89 LARSDN PRINTING & GRAPHICS V1ENDOR TOTAL L3BSO t0/19/~ I0/19/~ LEONARD HARRELL VENDOR TOTAL L2O10 10/19/89 10/19/~ LINOA STRONG VENDOR TOTAL L£'P30 10/19/89 10/19/89, LOWELL'S ALFFOMOTIVE/ZITCD* ;~ENDOR TOTAL MASYS CORPORATION ~060 10/19/89 10/19/~ VENDOR TOTAL I0/19/89 10/19/~ ~'U F,: C H A S E JOURNAL CITY OF MOUND AMOUNT ' DESCRIPTION 6.05 M ILEAOE 6.O5 J~L-CD 6.~i J.-,Q. 15 PLMB INSP ~%15 Ji~4L-CD 33% 15 ~.~..24 GFDA CONF 40.20 [3FOA MTGS 101.14 CSI USER MTO 374.~ JRNL-CD 374.59 MILEAGE-RECYCLE M[G 7.~ JR~-CD 7.~ 34.03 MOWER P~T 34,03 JRNL-CD 34.03 78.9g WORK ORDERS 78.~ JR,-CD 78.~ 118.00 ~0-11-12 ROT~Y-HAF~RE-LL 118.00 118.~ 16.~ ~0 EXP-STRONG 16,~ 16.~ ! .0~.85 SEPT HI}~E 125.~ SEPT HOWE 1.161.13 JRNL-CD 1161.13 1~.00 NOV ENFGRS MAINT 125.00 ul~NL-CD 1~;.00 52,50 SEPT TOW CHARGES 52.50 JRNL-CD AL~T NUMBER 71-7100-~00 1010 I010 01-4090-4110 01-4090-41~ 0!-40~-4110 1010 01-4270-412~ 1010 01-4340-2310 1010 73-7300-21~ I010 01-4140-4130 I010 01-4060-411~ 1010 01-4290-2310 ~-4170-22(X} 1010 01-4095-38,..00 lO]O 01-4140-4240 1010 DATE 10/I~/? TIME 10.58.40 PRE-PAID OEO( AMOUNT CHECY ~ DATE 3qa3 F~]E 5 AP-C02-O1 VENDOR NO. INVDICE ~'IBR MARTIN'S NAVARRE 6.6 M3050 INVDICE DLE HDLD DATE DATE STATUS VENDOR TOTAL 10119/89 10/19/89 .MCCD~D)S FRANK. ROOS A~DCI* VENDOR TOTAL M3171 10/19/89 10/19/89 METRO WEST INSPECTION SERt VENDOR TOTAL MGIA M32® MID-CENTRAL. INC M3~O 10/19/89 10/19/89 VENDOR TOTAL 10/19/89 10119/89 VENDOR TOTAL NIr~EGASCD NATL FIRE PROTECTION ASSN ,'Q710 10/19/89 10/19/89 VENDOR TOTAL 10119/89 10/19/89 VENDOR TOTAL PURCHASE JOURNAL CITY OF MOUND 52.50 92.00 90.00 ~8.00 780, O0 46.00 30.00 5~.00 270.00 I,~1,00 60,00 30,00 :~,00 1~.00 lQ6.00 47~7,00 ~0,00 65.00 65.00 65.00 40.10 47.17 30.66 10.~: 12.79 43.71 11.99 196,80 196.80 39.60 39.60 DESCRIPTION SEt:'T ENGR-GRA~AM SEPT ENGR-GLENWOOD RD SEPT ENGR-VFW SEPT ENGR SEPT ENGR-CD I10 SEPT ENGR-CBD LANS/MUELLER SEPT ENOR-LOST LAKE SEPT ENOR-MSA SEPT ENGR-DENBIGH SEPT ENGR-78 STREETS SEPl ENGR-CIT¥ HALL ADDTN SEPT ENGR- SEPT ENOR- SEPT ENGR- ~EPT ENGR- SEPT ENGR-CATALYST ESCR SEPT ENGR-PELICAN PT ESCR SEPT ENGR-COMHERCE SQUARE ESCR JRNL-CD 7-8-9 INSPECTIONS JR~-CD CRIME SEMINAR-MCKINLEY JRNL-CD CUSHIDNS dRNL-CD SEPT GAS SEPT GAS SEPT GAS SEPT GAS SEP! GAS SEPT GAS SEPT GAS JRNL-CD FIRE PREVENT F'KG JRNL-CD 8,37 PAINT ACCOUNT NUMBER 01-4170-3100 01-4190-3100 01-4190-3100 01-4190-3100 60-6090-3100 60-6000-3100 60-6~q00-3100 26-5700-3100 26-~00-3100 26-5700-3100 01-4320-3100 01-4040-3100 01-4280-3100 73-7300-3100 78-7800-3100 01-~00-0905 01-~,00-0973 M-5600-3100 1010 01-4190-3100 1010 01-4140-4110 1010 ~-4170-~00 1010 01-4280-37~ 73-7300-3720 78-7~-3720 01-4320-3720 01-4340-37~ ~-4170-3720 71-7100-372~ 1010 ~-4170-22~ 1010 73-7300-2200 PRE-PAID AMOUNT DAFE I0.. TIME 10,~8.40 CHECK, CHECK ! DATE AP-C02-O! CITY OF MOUND TIME 10.58.40 VENDOR I h'~ I L'E DUE HOLD NO. INVOI~ ~M~ DATE DATE STATUS 10/19/~ 10/19/87 NAVARRE h~RDNAIq~ VENDOR TOTAL N3740 I011~/~ 10/19/89. ~q~ SIONS ~N~O~ TOT~ 10/19/89 10/19/~ N~T~4 STATES ~R ~ VEN~ TOT~ N'~02 I0/19/~ 10/19/~ ~T~N STA~S ~ ~ TOT~ P~9 ~0/19/89 I0/19/~ P~ OIL. !~ ~N~ TOT~ P4OgO ~0/19/~ I0/19/~ P~ ~ E~I~E~ ~ ~N~ TOTAL P~ 10/19/89 ~0/19/~ PRACTI~ ~T ~PTS ~ TOT~ R4245 RICHARD L ~ON ~ TOTAL R42&O 10/19/~ 10/19/89 RO~T SH~T ~N~ TOTAL ~41~5 10/]9/89 10/19/~ ~ IN[~TRIES ~R TOTAL S43~ 10/19/8g 10/19/~ ~I~ ~AZ~ ~ TOT~ ~L'~NT [£SC~IPTION 49.3~ NUTS,BOLTS 10.87 BULBS 68.62 JRNL-CD 68.62 590,00 BRACKETS 590.00 d~NL-CD 590.00 80.01 SEPT ELEC 130.87 SEPT ELEC 210.88 JRNL-CD 210.88 4,768.59 OCT ELEC 4,768.59 JRNL-CD 4768.$9 .50.88 ANTIFREEZE 50,88 J~NL-CD 50.88 102.61 AIR CYLINDER 102.61 JRNL-CD 102.61 500.00 POLICE ARBITRATION 500.00 JRNL-CD 14.~ MACQUEN EXPO-R JO~ISON 14.30 dBNL-CD 1;.30 8.60 WTR SCHOOL EXP-SHANLEY 8.60 dRNL-CD 8.60 1.240.32 RECYCLE CONTAINERS 1,240.~ JR~_-CD 1240.~ 2,300.66 NOV RENT 2.300.66 dRNL-CD ACCOUNT NUMBER 73-7300-2300 78-7800-2~00 I010 O1 lOlO 73-7900-3710 78-7800-3710 1010 01-4280-3710 1010 01-4280-22.50 1010 01-4280-~10 1010 01-4399-4100 lOlO 75-7500-4110 I010 1010 01-4270-~00 1010 ?i-?100-3~20 1010 ~-PAID CHECK # ['ATE cF'-C02-OI VENDQ~ ~0, INt~]ICE NMBR PRINTING S4560 STEElt~ ELECTRIC CO $;610 ~B~ TIRE CO S4630 INVOI~ DUE HDLD DAI'E DATE STA~S 10/19/89 10/19/89 '~DR TOTAL 10119189 10119189 ~NDDR TOTAL I0/19/89 !0/19/89 'w~'NDO(~ TOTAl. I0/19/89 10/19/89 ~IEBEIOR TOTAL EiiJPERAMER I~ Ta716 ~IES TO GO T4810 I0/19/89 I0/19/89 VENDOR TOTAL I0/19/89 10/19/89 VENLIOR TOTAL 10119189 10/19/~ TIMB~WALL L~CAPING ~2qO VILLAGE ~LET ~1430 VENDOR TOTAL 10/19/89 10/1~189 VEND(IR TOTAL 10119/89 10119189 PU;CHASE CITY OF MOUND t~OUNT [ESCRIPTI~ 216.~ Z~ING CODE BDOKS 9.75 FAX EXPE~E ~6.60 JRNL-CD 226.60 5.~ CCH SCHOOL EXP-GRAND 5.75 O~NL-CD 5.75 48.80 ~CEPTO. BY POND ~ 1,8~8.16 ~IEW LIF)' STA RE'PAIR 1.8%.96 JRhL-CD 18%.96 913.52 TIRES 913.52 JRI~.-CD 913.52 ¢51.64 AUG-SEBT GASOLINE ~.~ ALEi-SEPT ~SDLI~ ~.75 AUO-SEPT GASOLINE 408.01 AUO-SEPT OPb'q]LI~ 248.~ AUG-SEPT GASDLINE 156.66 AUG-SEPT GASOLI~ 214.71 AU~-SEPT GASOLINE 1.076.96 A~JG-SEPT ~SDLI~ 13.73 MAP 2.43 BATI'~I ES 3.49 DATTERIES 2,~7.89 JR~&-CD 26~7,8~ 65.87 TEMP NELP 31.~ TEMP HELP 97.75 JRNI.-CD 9%75 510.50 TIMBERS-PEMBROKE Pi( IMPROV 510.50 JR&t-CD 510.50 16.74 SEAL KIT 16.74 ,.MRNL-CD 16.74 716.21 P~TS F~ WELL 3 716.21 ~-CD 0!-4190-2120 01-40~-~00 1010 01-4140-41~ 1010 01-42~-42(~ 78-7800-4200 lOlO 01-4340-2310 I010 01-4340-~10 01-41~-~I0 01-4~0-~10 01-42'80-~10 73-7~0-2210 78-7800-2210 22-~170-2210 01-41~-~I0 01-4270-2100 73-7300-~00 OI-41~-~(X) lOIO 01-4270-13C,0 73-7300-1300 1010 01-43~-4100 1010 73-7300-2300 1010 73-7300-2300 1010 ~E-PAID ~L1UNT [~TE i(! :: ? TIME 10.58,a0 C~ECK # DATE AP-C02-O! CITY OF MOU~D T[~ ~0..., =o:,.,._,&o '~ENDDR I h~,~ ! CE NO. IN~q]ICE DLE HOLD [IATE STATUS WATER PRODUCTS COMPANY w563o WIDMF. R 5690 VEN~]R TOTAL 10/10/~ 10/1Q/~ VENDO~ TOTAL WM ~LLER & SONS W5700 10/19/89 10/19/8g VENDOR TOTAL 10/19/89 10/19/89 WURST-PE~S~-LA~ VENDOR TOTAL X5750 XEROX COFbr-1]PJT I ~ Z ~ D',~K'S INC Z6070 MICHAEL PALM 10/19/~ 10/19/~ VENDOR TOTAL 10/19/89 10/19/~ VENDOR TOTAL 10/1~/~ 10/1~/~ VENDOR TOTAL TOTAL ALL VENDO~ AP~T DESCRIPTION 7!6.21 204.C~9 LmNDERLAY-FNEMBROKE FNK IMF-N~DV 204.00 ~4.00 1.~61.82 BLACKT~ 435.96 BLACkffOP 1.425.85 FILL SAND 3,823.63 dR,-CD .?823.63 1,644.50 SEPT PROSECUTION 1,644.50 JRNL-CD 1644.50 303.~ ~Y I~,LUE~RICANT FOR XEROX 48~.~ FINAL MAINT-~ 789.59 dt~t4L -CD 7~3<),59 ~.32 BUNGE.BRO0~ ETC 8%32 JR~_-CD 11.42 MCDONALD TAE 4~.00 ~ TE~-PALM ~6.42 dRNL-CD 5~.42 47.384.43 ACC~UNTNU~ER 01-4~-4100 1010 01-4280-284~ 73-7300-~40 73-73~-~40 1010 01-4110-3120 1010 01-43~-~00 01-43"20-3800 1010 01-4280-22~ 1010 ~-4170-2280 2'2-4170-4110 1010 PRE-PAID CHECk, AMO~T CHECK # DATE GENERAL FUND Taxes Intergovernmental Business Licenses Non-Business Licenses and Permits Charges for Services Court Fines Charges to Other Departments Other Revenue TOTAL REVENUE LIQUOR FUND WATER FUND SEWER FUND DOCKS FUND CEMETERY FUND CITY OF MOUND 1989 BUDGET REVENUE REPORT SEPTEMBER 1989 75.0% SEPTEMBER YTD PER CENT BUDGET REVENUE REVENUE VARIANCE RECEIVED 984315 0 495866 488449 50.38% 965800 30517 537125 428675 55.61% 9410 -1376 8054 1356 85.59% 86700 9002 59019 27681 68.07% 38800 806 9898 28902 25.51% 100000 12197 60305 39695 60.31% 16500 1743 15609 891 94.60% 51850 0 1656 50194 3.19% 2253375 52889 1187532 1065843 52.70% 880000 79023 653094 226906 74.22% 330000 33115 236209 93791 71.58% 580000 47907 427209 152791 73.66% 65300 80 61781 3519 94.61% 3050 400 1400 1650 45.90% CITY OF MOUND 1989 BUDGET REPORT EXPENDITURES SEPTEMBER 1989 75.0% BUDGET SEPTEMBER YTD EXPENSE EXPENSE VARIANCE PER CENT EXPENDED GENERAL FUND Council 46030 6250 60775 -14745 132.03% Cable TV 9980 0 8717 1263 87.34% City Manager/Clerk 143210 10766 103532 39678 72.29% Elections 650 16 272 378 41.85% Assessing 43930 41186 41793 2137 95.14% Finance 152760 11091 111132 41628 72.75% Computer 20000 1796 18316 1684 91.58% Legal 97100 5673 46516 50584 47.91% Police 677770 48717 491563 186207 72.53% Civil Defense 1880 121 226 1654 12.02% Planning/Inspections 128400 10411 84133 44267 65.52% Recycling 67400 2245 58036 9364 86.11% Streets 391140 25848 348474 42666 89.09% Shop & Stores 57760 4740 48340 9420 83.69% city Property 81860 3630 72191 9669 88.19% Parks 149320 9093 108837 40483 72.89% Summer Recreation 11090 0 2861 8229 25.80% Contingencies 30000 498 10246 19754 34.15% Transfers 126150 9859 88828 37322 70.41% GENERAL FUND TOTAL 2236430 191940 1704788 531642 76.23% Area Fire Service Fund Liquor Fund Water Fund Sewer Fund Docks Fund Cemetery Fund 209230 9659 138252 70978 66.08% 158810 11222 118114 40696 74.37% 322550 36284 283078 39472 87.76% 634160 62638 472085 162075 74.44% 72240 401 59894 12346 82.91% 3950 190 1841 2109 46.61% * FIRST ANNOUNCEMENT * pUBLIC OFFICIALS AND AGENCY PERSONNEL ARE INVITED TO PARTICIPATE IN: .-A PREVIEW OF THE TECHNICAL MANAGEMENT PLANS -- LAKE' MINNETONKA CONSERVATION DISTRICT COMPREHENSIVE, MANAGEMENT PLAN PLEASE RESERVE THIS DATE R£CD OCT 1 SATURDAY, DECEMBER 2, 1989 7:30 _am to 4:15 pm Lafayette Club . County Road 15 Minnctonka Beach 9 989 The purpose of the meeting is to provide an open discussion of the preliminary contents of the Comprehensive Management Plan. AGENDA MANAGEMENT PLAN OVERVIEW DECEMBER 2, 1989 7:30 - 8:00 am Registration - (Coffee and Rolls) 8:00 - 8:30 am Management Plan Overview 8:35 - 9:55 am Shoreland Protection Shoreland Management Onshore Recreational Facilities 10:00- 11:45 am Public Use and Safety Lake Access Lake Use Public Safety 12:00 - 1:00 pm Lunch - Small Group Discussions 1:15 - 2:30 pm Natural Environment Manage~nent Plan Wetlands and Fisheries Water Quality 2:35 - 4:15 pm The Next Step, Feedback and Conclusions 3'11o Plans on each of the above subjects will be provided for your advance review in preparation for this meeting. Your RSVP will be requested at that time. There is no charge. LAKE MINNETONKA CONSERVATION DISTRICT 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 612/473-7033 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR ~RO MEMBERS JoEIlen L Hurr. Chair Ororto Thomas Reese. Vice Chair Mound ,Jan Boswinkel. Secretary Uinnetonka Beach Jo~n Lawman. Treasurer Minne~rista Oouglas E. Babcock Spring Park I~larvin Bjorltn Tonka Bay David Cochran Greenwood Albert O. Foster Deephaven Ja~es N. Grathwol Excelsior Jo~n G. Malinka Victoria Thomas Uartinson Wayzata Robert K. Pillsbury Minnetonka Robert Rascop Shorewood Robert E Slocum Woodland October 10, 1989 OCT 1 6 1989 Mr. Tom Reese LAKE MINNETONKA CONSERVATION DISTRICT 5641 Bartlett Boulevard Mound, MN 55364 Thank you, Tom . for dedicating a generous share of your time in preparing for and delivering an updated presentation on LMCD's Eurasian Water Milfoil Weed Control Program at the Minnesota Lake Management Conference October 2. The exceptional attendance of 350 conferees, with apparently standing room only at each workshop, confirms the high interest in lake quality issues this conference addressed. This is also an appropriate time to recognize the excep- tional investment of your time and talent toward the total 1989 Eurasian Water Milfoil Task Force, creating another exception for LMCD with its weed harvesting program. We all shared in the frustrations of equipment non-availability and the eagerness to clear Lake Minnetonka of "the weed." As it turned out, the 670 acres represent a significant control for a first year effort. This com- pares with a total of 195 acres harvested under permit for all of Minnesota in 1988. We must recognize, of course, that many acres are harvested annually since individuals may do 2,500 sq.ft, without a permit. You have set a new benchmark for the Board in achieving a meaningful program for LMCD. Your involvement with the Advisory Committee planning and chairmanship is a further recognition of your willing- ness to back your interest with performance. The regular communications with your Mound City Council and commissions completes probably the most exemplary year for a Board member. (more) $"111 LAKE MINNETONKA CONSERVATION DISTRICT Mr. Tom Reese Oactober 10, 1989 Page 2 My personal warm appreciation goes with the Board's recog- nition for an outstanding service to the District. Eugene R. Strommen Executive Director enc: conference program Mound Mayor Steve Smith Mound City Council LAKE MINNETONKA CONSERVATION DISTRICT OCT ! 2 1989 USE COHHITTEE AGENDA 4:30 p.m., Monday, October 16, 1989 LMCD Office, Wayzata Charter boats: A. Berthing in residenti~l areas, continued from September review B. Stowage marking of PFD's (life preservers), per DNR response C. Application form review by Pillsbury, Babcock, Sgt. Chandler Personal Watercraft progress report and preparations for 10/25 public hearing (minutes of 9/19 meeting previously mailed) 3. Citizen Brodie letter regarding silt in Arcola Channel, and Hennepin County response (letters attached) 4. Winter Rules:'review deicing item, now out-of-date 5. Water Patrol report 6. Additional business recommended by the committee 10-10-89 LAKE MINNETONKA CONSERVATION DISTRICT EI 'O OCT t 0 1989 Date: 10-6-89 Gene Strommen Executive Director L.M.C.D. 473-7033 PUBLIC HEARING NOTICE Notice is given that the Lake Minnetonka Conservation District will hold a public hearing in the matter of investigating the need for regulating personal watercraft on Lake Minnetonka. The hearing will be held at the Minnetonka Community Center, 14600 Minnetonka Blvd., City of Minnetonka at 7 p.m. on Wednesday, October 25, 1989. Eugene R. Strommen, Executive Director Lake Minnetonka Conservation District LAKE MINNETONKA CONSERVATION DISTRICT WATER STRUCll/Ig$ & EI IKON IgNT OMMITTgI AGENDA 7:30 a.m., Saturday, October 14, 1989 LMCD Office, Wayzata OCT 1 0 989 Preliminary review, Environmental Assessment Worksheet, Minnetonka Boat Works, Orono, New Dock License and Special Density applications Moratorium consideration for outlot development on Lake Minnetonka for purposes of providing Lake access and dockage for non-riparian properties David Thomas residential development, Smithtown Bay, South Upper Lake, City of Victoria, requesting a five slip outlot dock and three residential docks on three parcels, totaling 385' shoreline, with appropriate easements and homeowners association to govern Gayle's Marina dredging operation and commercial use of property in viola- tion of City of Orono B-2 zoning, communication from the City of Orono Shoreland Management rules facilitation among 14 member cities to develop uniform Lake Minnetonka Shoreland Regulations Wayzata yacht Club progress on considerations relating to City of Wayzata's concern on the Yacht Club's annual license renewal 7. Additional business recommended by the committee ENVIRONMENT: 1. Preliminary report on weed harvesting program completed 9/29/89 2. Review of contract to engage maintenance service for weed harvesting equip- ment end-of-season storage 3. Preliminary forecast for 1990 weed harvesting program--the options being examined 4. Rob Merila performance report 5. Additional business recommended by the committee 10-6-89 Action Report: LAKE MINNETON KApERSON~ WATERC~CONSERVATIONSTUDYDISTRICT ~f~ O~' ~/0 ]~1~ MINUTES Meeting of Tuesday, 9/19/89, ?:00 pm, Prudential-Bache, Wayzata Present: INTRODUCTION. Committee Chair Bert Foster, Deephaven; Lake Use Chair Bob' Pillsbury, LMCD Chair JoEllen Hurt; Water Structures Chair Dave Cochran, Water Patrol Sgt. Bill Chandler, Executive Dir. Gene Strommen; Guests Claude Beumer, Yamaha Motor Corp; John Greenberg, Kawasaki Motor Corp; Kris Webb, Wet Jet and Personal Watercraft Industry Assn; Anita Twaroski, MN DNR, John Nord, Anoka-Ramsey Sport Ct; Mike Dapper, Water Scooter Magazine; Charlie Jones, Minnetonka Boat Rental; Deb & Steve Wagner, Minnetonka Jet Ski; Dennie Cathers, Minnetonka Jet Ski; Dennis Keating, Minnetonka Boat Works;i Doug Babcock, LMCD Board, , Spring Park; Chair Foster welcomed the industry representatives who had been provided advance LMCD material introducing an outline dealing with (A) The Problem; (B) Analysis of ~tlternative Solutions which inclUded:eight sub-topics. Foster reviewed the oUtline inviting comment from the guests and Board members in attendance. ~gt. Chandler, Hennepin County Sheriff's Water Patrol, reported the 1989 summer experience with personal watercraft (PWC) as involving one near fatality and two property damage accidents. Fifteen formal complaints were registered dealing primarilly with noice and carelessoperation~ Industry representatives basically cited a small minority of operators creating the majority of problems. While buyers are in the 35 year and older age range, users -- likely children of the buyers -- tend to be much younger, in the 15 and up range. It was agreed a need for education as to proper use, proper operation in quiet waters is constant. Dealers take particular effort to introduce equipment and its proper use to buyers through literature and actual video tapes. Safety, courtesy of operation and respecting the rights of others are stressed. This is true in the case of rentals, members presented stated. It is also expected that users receiving equipment from owners do not get the same message, and thus the deviation from the advance information is lost down the line of users. Chandler further noted ~hat tickets are issued to a high percentage of persons renting PWC. This likely can be attributed in part to lack of rules familiarity as a result of not taking time to know and understand them. The greater responsibility on businesses renting units taken to inform renters will assist in reducing this category of violation. ANALYSIS OF SOLUTIONS. it was the group's concensus that items 1 and 2 are not reasonable options. Doing something about noise level is definitely a priority. Discussion included: * Manufacturers are meeting required 82 dba noise level ratings, and are concerned about after-market modification kits which exceed these limits. Kawasak~ has lowered its parts prices to discourage after-market use items. LMCD, Personal Water Craft Study, Minutes, 9/19/89, P. 2 * In response to a question on comparable noise levels, it was noted every 3 decibels doubles sound output. = * Placement of exhaust below the water line in current and future PWC models will resolve much of the noise problem. * The water box, which receives modification and increases dba levels~ could be made to avoid modification. * If dba is lowered for PWC's, it was recommended this apply to all watercraft. LICENSING & PERMIT REQUIREMENTS. DNR requires an operators permit for all youth 13-17 years, which includes thorough safety training. * A PWC endorsement on the instruction and permit program was suggested. Move the noise away from~the shore, by requiring PWC's to stay a suggested 1,000' away from shore, was concluded as too great a distance. Personal Watercraft Industry Assn. (PWIA) representative Kris Webb voiced objection to that distance. * Leaving the shorezone by the shortest route was thought to be reasonable. * Separate rules for PWC's vs. power boats was a matter of concern as to speeds in certain restricted areas. It was preferred the same rules apply to all watercraft. Leaving no-wake areas such as channels was noted. *A separate set of "boating basics" for personal watercraft was thought to be acceptable. *Testing at a variety of distances from shore was recommended to arrive at a reasonable distance for PWC's to maintain away from shore. Water Patrol enforcement and impoundment. ' * Boating laws are already in place for impoundment when necessary. An offense must be very serious before impoundment is applied, such as a BWI with no other operator to return watercraft to home port. Passing rule at 150'. * Such a rule would appear to be applicable to all watercraft, and it further adds the enforcement difficulty. * Watercraft cutting in front of another is already a rule violation. Again enforcement is the challenge for prevention. * PWC's moving through areas in which swimmers are present is also a violation. Some non-designated swimming areas, such as the north side of Big Island, experience PWC's moving through swimmers. Correction in these areas may require formal designation of such areas. Traffic among swimmers in any circumstance merits controls. CONCLUSIONS. Ail participants of this meeting were invited to take part in the decibel test, 10:00 am, Fri., Sep. 29 at Spring Park, Sheriff's Water Patrol Station, was confirmed. Sgt. Bill Chandler will arrange testing equipment, buoy placement. Stock models and modified examples will be tested. Results will be summarized at the Water Patrol's direction and distributed. Foster complimented all in attendance, thanking them for their constructive input. Executive Director RECEIVEO SEP 29 1989 L.M.C-D. tal(e effect this weekend .; By I~lpise Hedbor : Free; .Pre, Ss Correspondent Vermont's sweeping package of b~)~ting laws, backed by more monby and new enforcement offi- cers~,went into effect Saturday just i0 time for one of the biggest boafin, g :weekends of the year· IJ~ Michael Vinton, head of the Stat~-Police Marine Division, said three'to four boats will' be work- ing ~10uble shifts on Lake Cham- plaid-through the holiday period, and .ll~ other boats will be patrol- ling .olher waters in the state· 'Pie iofficers' emphasis will be on e~l.uc'ation, "telling people what the kew law is all about, not wnt[ng.tmkets, Vinton said. Sg't. '.James Markiewicz, public inforrhation officer, said one of the filajor changes is the require- men['-that boatS operate so as not to cr~hte a wake and, in any case, no f~ster than 5 mph whenever they'.'..are within 200 feet of a shoreline, an anchor~ge~ ~ person in the'Water, or boats docked or at moo/'i.n~s~ NO bne u..n_.d_e.r. !.§_ .may op.e..r.a_t_e a_p.e]r~6n~l ~ Craft, and all ehil- ~tr~n~"~l~'~'"I'~'-~fid-ti'h~er must wear a CoaSt Guard approved personal flota2tion device-anytime a boat is mov!fil~, said Sgt. Bill Merritt, who heads~the state police marine divi- sion t9~' the Burlington area. l~j~essively .noisy boat engines, generally "high perfOrmanee boatS;that exhaust above the wa- .t. terhn~? are no~.w._Lll.eg~.l, and po- lice ~-boats will · be carrying equipfi~ent to measure whether boats;meet the new maximum-al- lowekl'noise level of 82 decibels at 50 feidi, Merritt said. Other new laws say: · ~No one'under'the age of 12 may'~)perate a~b°at Pbwered-[J~ mor~. :*, than a six-horsepo~we~r., en- gine..i~ · ;All vessels, extent sail- boards, must carry at l~ast one personal flotation device for each person aboard, with no exception for small boats used at summer camps. · Anyone under 16 must wear a floation device when using a sailboard: · All operators and passengers of personal ski craft, co-mgnonly called jet skis, ~_ust wear flota- tion devices. Jet skis may °--n..iy"b/~ operated during d__ay_light hour_.__s.. · A w_a_ter ski obse_r_yver must be at least 12 ye.ar__s_91_d. Despite their stated emphasis on education, officers say they will be strictly enforcing a new law against boating while intoxi- cated. It provides that no one under the influence of liquor or drugs may operate a vessel, and sus~)ected violators are required to submit to blood or breath test- ing. Violators face loss of the right to operate a boat for a year, plus a fine of $200 to $750 for...first offense, and $250 to $1,000 .for second offense. Similar penalties may be assessed for anyone who refuses to take a test. In addition, the owner or person responsible for a boat may not permit its operation by an intoxicated per- son. Merritt said a booklet outlining all of the provisiOn-'fi-~-Vermont's revised marine laws was printed last week fi~-lS-hbw being distrib- uted to marinas, state police bar- racks and other locations around the state. Questions about the new laws can be answered at local state police barracks, said Mer- ritt. Vinton said state police and auxiliaries are scheduled to put in a total of 12,500 hours on patrols this boating season, with about half that time allocated to Lake Champlain. Proposed county' jet 'ski:. rUles.i coul. d./divert': th m.,, to,!.:sanibel. "'" ' ': " ' ,~' :: ...... .:, ;,; banning th~ Jet ~kl;:;ntirely' from County,s law would bnly .' ~t '.';.}:~: county-controlled bay'waters cover unincorporated areas significantly limiting their use along the gulf beaches. ' ...... By Ron Sympson In addition to Jeopardizing the The Island of Sanlbel could ' ... :i lives oi~ swimmers and boaters, be~ become a sanctuary for Jet skiers if ..;)..~ said, jet/skis often are"destructive strict new controls are aPProved: ".'~.,,r~. and dangerous': to [ishl birds and ~. ,'. that would restrict or ban use of.the!.u Es other wildlife..,' ', personal watercraft along the Lee ,~;. i;; ..... Judah said thesentiment against County gulf coast. .~ " ' : . ~'~' jet skl~ is widespread along the' · The controls are being considered ? ,. Southwest Florida coast and that as an amendment to the county's..: ', 4~(~ ~imllat regulation,i are being ' water safety ordinance, in response '.' ,:~'. · 7-~-,' considered in Manatee, Charlotte ?tO hundreds of complaints about jet .. %. ~' and Lee counties.: ' ! ' ' skis from citizens of every barrier . .,:, ~. According to Bates, every i .., ..... island in Lee Coun. ty from Boca community in Lee County has-'-. ' Grande to Bohita Beach. ' expressed concern about the jet skis, ,As the only InCorporated area on the gulf~ San'ibel would be exempt from the regulations, a situation that could compel the city to follow · suit with its own new law. : "We may be forced into talcing .: some kind of action," sai.d Sanibel City Manager Gary Price. The proposed new law would' limit the launching or use of jet skis within 300 feet of the gulf beach to areas "designated exclusively for . ' .and that environmental arguments-'-~ "~re becoming as Important as the ' ' personal safety issue in the debate. :' "Pretty soon, it has to have a ? ' detrimental effect on marine life,~" Bates said. "Some are saying you ~ can kiss the.sport fishing Industry.- good-bye.'' ' ' · q '" ln.Sanibel, jet skiers are legally:..,.. ..'.'~ limited to launching their ," .: watercraft from the city's three '* ' ~ublic boat ramps -.at the Sanibel .,.: personal.watercraft use." So far, no ~. Marina, Tarpon Bay, and the '. approved areas for jet ski use have '" causeway. .... :! been designated in the amendment, : · ~ ' City Manager Price Which limits use of the watercraft ' acknowledged, however, that a law. from 8 a.m. to one [~our before sunset.. · prohibillng vehicles from driving ';. In Capliva, the ordinance may . - ' onto a beach to launch jet skis often prohibit jet ski use altogether, if the..., is Ignored. And there are no controls ' Captlva Civic Asspciatioa has its on Jet skis in Sanibel's bays, passes way. : and channels. ' .~'i ;. ' '.' ' '. 'Their position is (that jet skis}..',, .~ Price said Sanibel's exemption si~ould be banned from public ,., 'from the ordinance as an waters," said assoclatio, n president John Bales. "we have had complaints about every operation on '. every part of the island." County Commissioner Ray Judah. said he strongly favor~ the . ordinance amendment. .. 'incorporated area could result in jet. skiers from all over.Lee County coming to the island to escape restrictions. .... We might be forced, depending on the numbers, to place controls," ' Price said. "We need to have a belier control "He likened Ihe jet ski issue to the of the je.t ski situation,"; he said. -', v leash law. When Ihe county passed In Judah's opinion, that means "~: an ordinance compelling people to ' .-~ ~,~ r .--~?~,,:~v,I..~L_.,~--~-~-- '. walk their dog~'bn leashes, Price ~' ~~-,."-'"=~'~'"---:' said, pet owners from throughout" ~4.~~~ Ihe county came to Sanibel. The ' f~!~.~:~~~ islands pet popularity led to the ~~~ ~'.~:~,~.,~,~.~ city's'passage of its own leash law: ~~~ ~~ The proposed ~:ounty ordinance [.~.~.,.~~~lJ~ was drafted by the Lee County ^,,orney', O,,Ice ,or ,be coun,y', [~ "~age,2a~-..'~-~-~"--~.--~ service delivery committee. ·' Comments o. the o dl.a.ce, , d.e ~~~. ,' The ~ County Commission will pro,ssi. - ' Jet skier off Sanibel Causeway Sun 1 Sat 7 Sat 14 Sat 21 Sat 28 LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 EVENTS SCHEDULE October 1989 Don Shelby US Invitational Bass Tournament W/MTKA Boat Works Boating Season Yacht club races: Lower Lake 7:00 am 10:00 am 10:00 am 10:00 am 10:00 am 10-4-89 MINUTES OF A MEETING OF THE I~OUNO ADVI~RY PLANNING COHNISSION October 9, 1989 Present were: Chair Bill Meyer, Commissioners GeofF Michael. Ken Smith, Frank Weiland, William Thai, and Jerry Clapsaddle, Council Representative Liz Jensen, Building OFFicial Jan Bertrand, City Manager Ed Shukle, City Planner Mark Ko,gl,r, City Engineer John Cameron, and Secretary Peggy James. The Following citizens were also present: Jack Ostvig, Gunnel Ostvig, Bruce McComb, Marcella Lemmon, and Scot McKenzie. Chair Bill Meyer called the meeting to order at 7:30 p.m. MINUTES: MOTION made by Smith seconded by Ciapsadclle to approve the Planning Commission Minutes of Septefl~er 25, 1989 as submitted. Motion carried unanimously. BOARD ~ APPEALS: Case No. 89-844: Scot McKenzie, 486I Hanover Road~ Lots 6 and 15~ Block 16, Devon~.. PID #25-I17-24-11 0061 & 0065. FENCE HEIGHT VARIANCE. Building OFFicial, Jan Bertrand, reviewed the applicant's request For a Fence height variance. She explained that when she con- ducted her Final inspection on the Fence, she Found some areas to be as high as 92 to 101 inches From the adjoining grade, and in addition, the fence was placed on top oF a small retaining wall. The Building OFFicial explained that a 72 inch high Fence is the allowable height in the subject location, however when a Fence is placed on top oF retaining wall, the maximum height is 42 inches. Bertrand also informed the Commission that the applicant wanted the Fence due to the appearance oF the neighbors yard. She in- Formed the Commission that a clean-up notice will be sent his neighbor this week. StaFf recommended, that since the topography oF the lot does make it diFFicult to comply with the six foot height, that the Plan- ning Commission could allow some variation to the retaining wall Fence height oF 42 inches, therefore, reducing the required height somewhere below the current height oF 101 inches. The applicant, Scot McKenzie, spoke on his behalF. He stated that the retaining wall was not their when the Fence was erected; the retaining wall was added after the Fence was erected due to soil erosion problems. He also emphasized the need For a high Fence due to the appearance oF his neighbors yard. Planning Commission Minutes October 9, 1989 Page Two The Commission discussed the structural issues of the fence due to topography. Some Commissioners determined that )t is possible to construct a Fence running with the grade, however it would have to be a custom built Fence. MOTION made by Weiland, seconded by Michael to deny the Fence height variance due to lack of hardship. In addi- tion, the Fence ts to be brought into conformance. Mo- tion carried 5 to 2. (Those in Favor: Weiland, Thai, Jensen, Smith, and Michael; those opposed: Meyer and Clapsaddle.) Clapsaddle stated that he does not Find the fence, offensive as it exists. The applicant, Mr. McKenzte, stated that he does not agree with the Fence ordinance, and Feels Fences should be allowed to be 8 Feet high. This case will be heard by the City Council on October 24, 1989. be Case No. 89-845: Bruce McComb~ Present Location 3005 Brig~ ton Blvd.~ Proposed Location 4723 Cumberland Road~ North lOl' of Lot 38 & the W 1~2 of Lot 39~ Block lot Pembroke, PID #1~-!17-23-033 0195. HOUSE MOVING. Building OFficial, Jan Bertrand, reviewed the applicant's request to move a house From 3005 Brighton Blvd. to 4723 Cumberland Road. The applicant is also requesting approval to reside in the house to be moved at its present location until he can build a new home on the same property. When his new home is complete, he will then move the house to the Cumberland address. Bertrand sug- gested establishing and escrow account to allow the City Attorney to record a document on the property with bonding to assure removal of the present structure after occupancy of the new. Bertrand reviewed the current statistics of the subject house, and the required improvements. The effective age of the struc- ture is 1942 with a current square footage of 770. Applicant, Bruce McComb, displayed to the Commission a front and side elevation drawing of the proposed improved structure as it would be on the new lot. He also displayed photographs of all the existing houses on that block of Cumberland. Bruce pointed out that all but two of the homes on that block of Cumberland have tuckunder garages, the same as he is proposing to do. Planning Commission Minutes October 9, 1989 Page Three McComb requested that he be allowed to turn the dormer back into an attic, since it would be too difficult to bring it to code to use as a dormer due to the ceiling height and proper doorways. In addition, he requested that the existing base-board heat be allowed to rem~in, he feels it is adequate. He explained that he is creating a marketable starter home. He stated that he has received bids from two moving companies, and each said that the house would be easy to move because it is structurally sound and it is small. He added that he considered adding onto the house at its present location, however, it currently sits 10 feet From the road, therefore will always be a nonconforming structure and would only cause problems. Clapsaddle noted that the applicant did not have a site plan for the new location on Cumberland, he commented that he would like the house to be placed on the lot to allow room for future expan- sion in order to alleviate a hardship For the Future owners. Jensen commented that she needed more information, such as the value of the surrounding homes, and the square footage of the homes. McComb stated that his house would have approximately 1,200 square feet of usable floor area when it is finished. MOTION made by Michael, seconded by Clapsaddle, to ap- prove the house moving From 3005 Brighton Blvd. to 4723 Cu~erland R~ per staff recommenclation, excluding the recommendation to re-configure the warm air ducts to the outside walls and the return att ducts to the Inside walls. In addition, a bond at 125[ of the proposed Finished value of the house must be obtained tn favor of the City of Mound to ensure c~letlon of the proJect. The house ts to be moved and c~leted to c~e by 12-31- 90. The house is to be constructed with a tuckunder garage as per the plans submitted by the applicant (Exhibits A & B). Motion carried 6 to !. (Those in Favor: Clapsaddle, Weiland, Thai, Meyer, 5mtth, and Michael; those opposed: Jensen.) McComb stated that he is in agreement with the motion. This case will be heard by the City Council on October 24, 1989. Planning Commission Minutes October Page Four DISCUSSION/INFORMATIONAL~ Discussion: Open Storage of Public Works Materials (Public Hear- lng is being set For October 23rd)~ The City Planner and Council Representative Jensen reviewed the history of this issue. Koegler Further reviewed questions which the Planning Commission needs to address, they are: Is open storage of public works materials appropriate on lands lying adjacent to the existing and expanded City Hall? IF not, does the Planning Commission have suggestions on an alternative location? IF the Planning Commission Finds that storage is appropriate on the proposed site, what modification to the zoning or- dinance should be enacted to allow the storage to occur? The Commission discussed possible storage at the east and west sides of City Hall. The City Engineer informed the Commission of the amount of storage needed, and the amount of storage space that can be provided at City Hall. He concluded that even with storage on both sides of City Hall, storage space will still be needed for seal coat, solid sand, and snow. The cost to create storage space at City Hal1 compared to the cost to keep the materials at the Lost Lake site was reviewed. The Commission determined that their were three lmpracticalitles to having storage sites at City Hall: 1) cost of the project, 2) having piles around a "new/Improved" City Hall would not be appealing, and 3) the number of trees that would be cut down. The Commission discussed the advantages and disadvantages of having the material stored at the Lost Lake site. The Commission reached a consensus that the City Hall site is not an appealing option, and that the Lost Lake site should be further examined. A public hearing will be held pertaining to this Issue at the next Planning Commission meeting on October 23, I989. City Council Representative Report Jensen reviewed the City Council Meeting of September 25, I989 and the Committee of the Whole Meeting. Planning Commission Minutes October 9, 1989 Page Five Housing Maintenance/Truth in Housinq Michael handed out copies of an article relating to cities licensing apartment houses. The article was reviewed and dis- cussed by the the Commission. Michael also handed out a drafted memorandum requesting the City Council to direct staFF to work with the Planning Commission to draft a Housing Maintenance/Truth in Housing Ordinance. Some revisions were suggested; and a revised copy will be reviewed at the next Planning Commission meeting on October 23rd. MOTION made by Clapsaddle, Seconded by Thai to adjourn the meeting at 10:46 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: MINUTES OF A MEETING OF THE MOUND ADVISORY PARK COMMISSION OCTOBER 12, 1989 Present were: Chair Martlyn Byrnes, Commissioners Cathy Bally, Nell Weber, Shirley Andersen, Nancy Clough and Brian Asleson; Council Representative Phyllis Jessen; Park Director Jim Fackler; City Manager, Ed Shukle, Dock Inspector, Dell Rudolph, and Secretary Peggy James. Absent and excused were: Burke. Commissioners Tom Casey, and Steve The following citizens were also In attendance: Duane Barth, Todd Gray, Paul Gl ym, Robin Schlel, John Shackleford, Bryan Clem, Janet Johnson, Brian Johnson, Jim Kinney, Theo Kinney, Kathy Kin- ney, Nancy & Bill Blume, Carolyn & Cliff Schmtdt, Ron Johnson, Kay & Jim Ostman, and David C. Lavada. Chair Byrnes called the meeting to order at 7:36 p.m. Minutes The minutes of the Park Commission meeting of September 14, 1989 were presented for changes and/or additions. MOTION made by Asleson, seconded by Bailey, to approve the Park Commission Minutes of September 14, 1989 as written. Motion carried un~nimously. Recreation Chapter - Comprehensive Plan. City Planner, Mark Koegler, asked the Commission If they had any changes or additions to the Comprehensive Plan. Jessen noted a few changes/additions to the listed equipment and status of some parks. 5he corrected the spelling of "Crescent" Park. Jessen also requested that it be mentfoned that lake accesses have stg- nage, and all lake accesses, including fire lanes, be listed as access points. Koegler informed the Commission that the entire draft of the Com- prehensive Plan will be submitted for review at the November Park Commission meeting. Per City Council direction: consider relocation of commons docks at Avalon Park. The Park Director reviewed the history of having City docks lo- cated at Avalon Park, as it is outlined in the City Council Minutes of May 4, 1982. He reviewed the current status of the dockage at Avalon Park) there are five docks, four of which are being shared, therefore there Is a total of nine people that Park Commission Minutes October 12, 1989 Page Two would have to be relocated. These dock holders are non-abutting residents which makes it very difficult to relocate these clocks since there is no vacant City owned shoreiine For non-abutting res i dents on the "l s I and". Fackl er referred to the dock locat t on The Following citizens spoke in Favor of having the City docks remain at Avalon Park: Brian Johnson of 4445 Manchester Road, Bryan Clem of 4436 Manchester, Kathy Kinney of 3011 Island View Drive, Ron Johnson of 4416 Dorchester Road, and Cliff Schmidt of 3001 Island View Drive. There were no citizens present to speak in opposition of having the docks remain at Avalon Park. The Commission discussed the need For the docks to remain at Avalon Park. They questioned why this issue was raised, and why these docks would present a problem, it was noted that Council- member Johnson raised the Issue, however a reason was not given. MOTION made by Weber to Inform the City Council that the Park Commission did reconsider relocating the City docks at Avalon Park and the recommendation is to have the docks remain as is. Clough seconded the motion with an amendment: Counclimember Johnson should appear before the Park Commission IF he has an issue with this item. Weber accepted the amendment. Motion carried unanim- ously. This item will appear before the City Council on October 24, 1989. Maintenance Permit: 2920 Highland Court, Creative Developers (Duane Barth), request to construct stairway and deck down to the lake within a Scenic Easement. The Park Director explained to the Commission that the Building Inspector requested that the Park Commission review this par- ticular request. The Building Inspector issued a building permit to Creative Developers to construct a stairway and deck to the lake. When she visited the site For an inspection, a "Stop Work Order" was posted due to the size of the deck being constructed. Fackler explained that the Scenic Easement limits construction within the designated easement to allow only a 48" wide stairway. The Scenic Easement was a condition of subdivision approval to protect the environment. Park Commission Minutes October 12, 1989 Page Three Duane Barth of Creative Developers, compared his stairway with the neighbors "elaborate" stairway. Barth stated that the neigh- bor received City Council approval to construct his stairway. Fackler explained that during the heavy rain fall of 1987, the hill eroded and washed away all the vegetation at the neighboring property, therefore, the City Council approved construction within their Scenic Easement to help prevent further erosion. The Commission questioned staff why this issue was submitted to them For review. The Commission agreed that this is a planning Issue, especially since they did not originally review the sub- division or Scenic Easement. MOTION ~ade by Weber, seconded by Andersen, to refer this request to the Planning Commission for their review at their meeting on October 23, 1989, then refer to the City Council on October 24, 1989. Motion carried unani- mously. Request from Nancy Blume to use City property For a public gatherin~ with a bon-Fire. Fackler referred to a letter dated October lO, 1989 From Nancy Blume requesting to use commons property next to her house For a get together. Bill and Nancy Blume were present, and explained that they wanted the bon-Fire to be on the beach, not on commons property. The City Manager Informed them to contact Don Bryce, Fire Chief, to obtain a burning permit. He also informed them that they need to obtain a permit for a public gathering, however, he will not approve this until the burning permit is ap- proved. Revised 1990 Dock Permit Application. The revised application was reviewed, and accepted. Discussion: Depot rental Fees. This item was tabled From the September 14th Park Commission meeting because Jessen was not present at that meettng. Jessen stated that the depot needs to be Improved and brought up to code if it is going to be rented. The Co~misslon discussed Funding options, Future needs, and possible uses For the depot, consider- ing its location and lack of parking. The City Manager informed the Commission that three years ago a plan was drafted for Improving the depot and Mound Bay Park. Estimated costs for these improvements were also Included in the Park Commission Minutes October 12, 1989 Page Four plan. The Ctty Manager statecl that the Park Oirector coulcl review the plans and get an estim~ted cost for necessary improve- ments and they cpu Icl poss i b 1 y be accomp'l i shed i n stages, i n ad- dition, he offered suggestions for donations, such as the Lions, Rotary, and Jaycee's. The Commission commented that the Histori- cal Society should be informed anO included in any discussions pertaining to the depot. ~xpiration of Terms as of i2-30-89: Marilyn .~,yrnes and Nancy Clou. g~ need to Inform the staff if them wish to be reappo Commissioner Clough announed that she is not seeking to be reap- pointed, and that this will be the last meeting she will attend. She explalneO that she forsees too many schedule conflicts, however, has valued her contributions to the Commission and took pride in her service. Chair Byrnes expressed that she wishes to be reappointed. The City Manager informed the Commission that the City Council is working on establishing a policy for the expiration and appoint- ment of terms. A Commission member who wishes to be reappointed will be interviewed by both the Commission and City Council, along with the other a~Plicants. He added that the Council is considering removing the requirement that a Commissioner cannot serve more than two consecutive three year terms. C_o..uncl_l Representative's Report Jessen informed the Commission of the City Council's decision on the request to ban the use of herOicides on City Property City Manager's Re o~__9_~ The City Manager reviewed the status of the proposed City Hall improvements, along with the Pub] ic Works materials storage issue. In addition, he explained the a new tax law adopteO by the State Legislature and how it affects cities. park OJ~.~ctor's Re~__~ Fackler explained that posts have been installed at Chester Park, 5' on-center. Weber questioned the spacing of the posts. He stated that he was under the impression they were trying to prevent snowmobilers in the Park. It was determined Weber could arrange another meeting with the Chester Park Study group to dis- cuss the improvements which have been made to the park. Park Commission Minutes October 12, i989 Page Five Fackler reviewed the locations which are to be riprapped during the coming winter. Jessen and Bailey commented that they had received complaints about the riprip, and that it was hard to walk across. MOTION Nde by Weber, seconded by Clough to adjourn the meeting at 9~57 p.m. Motion carried unanimously. as- ociat[.on ot: metro itan munic °al'itie BULLETIN OCT 1 8 tq8.q October 17, 1989 AMM LEGISLATIVE POLICY ADOPTION MEETING SPOUSES, FRIENDS AND GUESTS ARE MOST WELCOME WHEN: Thursday Evening, November 2, 1989 KICK OFF: 5:45 P.M. WHERE: Minneapolis Metrodome Hilton 1330 Industrial Blvd. Minneapolis, Minnesota *DINNER COST: $20.00 Per Person 5:45 P.M. 6:30 P.M. 7:30 P.M. Cash Bar/Social Hour Deluxe Buffet Feast (featuring steamship round of beef, roast turkey and dressing, five salads, dessert and more) Business Meeting (Tax Policy concerns and AMM Policy Adoption) *DINNER RESERVATIONS TO CAROL WILLIAMS AT 227-4008 A MUST BY NOON ON MONDAY, OCTOBER 30, 1989. (Reservations not needed if you only plan to attend the business meeting portion of the event). TO HELP PROVIDE A MORE ACCURATE COUNT, PLEASE CHANNEL YOUR DINNER RESERVATIONS THROUGH YOUR CITY MANAGER/ADMINISTRATOR OFFICE. THANKS! Representative Dee Long, House Majority Leader and Tax Committee Chair, is expected to discuss property tax policy issues. DISTRIBUTION NOTE: This Bulletin has been mailed individually to member Mayors, Managers/Administrators, and Councilmembers. SEE MAP AND AGENDA ON BACK 1 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 $,,/$/ BUSINESS MEETING AGENDA 1. Call to order. 2. Introduction of Guests, Notables and Announcements. 3. Guest Speaker: Rep. Dee Long. &. Consideration and adoption of Legislative Policies (mailed .. previously) and priority setting input. 5. Preliminary report from AMMMission and Membership Services Task Force - Kevin Frazell, Cottage Grove Administrator. 6. Staffing needs for 1990 Legislative Session and Beyond - Board Recommendation (Impending Outstate vs. Metro Property Tax Conflicts). 7. Adjournment. (NOT DRAWN TO SCALE) Broadw~ Hil Inn stoplight E Hennepin Larpenteur {-94 S CHANGES TO PROPOSED LEGISLATIVE POLICIES -Below are changes made by the Board of Directors at its October 12, 1989 meeting to the proposed addendum to Policies and Legislative Proposals for 1990 which have been previously mailed. -As you know this addendum is an update to the current legislative policy for the 1989-1990 Biennium. Except for changes made by the membership at the November 2 meeting, all current policy will remain in force. -Also, attached is a tear off sheet to indicate your choice for top priority legislative issues that the AMM should concentrate on for the 1990 session. Listed are the six issues chosen by the membership for 1989 with an indication of expected 1990 activity. Policy 90-26 Comparable Worth - Page 6, fifth paragraph. The last two sentences are changed to read; ARBITRATION AND NEGOTIATORS SHOULD BE REQUIRED TO USE COMPARABLE WORTH RESULTS AS THE BASIS FOR DECISIONS FOR ALL EMPLOYEE GROUPS. WHEN IMPLEMENTING COMPARABLE WORTH PLANS FOR NON ESSENTIAL EMPLOYEES, CITIES SHOULD BE ALLOWED TO DISREGARD THE IMPACT OF ARBITRATORS AWARDS WHICH ARE NOT BASED ON COMPARABLE WORTH STUDIES. Policy 90-43-1 Integrated Waste Stream Planning, Page 19. Add a paragraph after the fourth paragraph to read: +LEGISLATION SHOULD BE INITIATED TO REGULATE THE SALE, DISTRIBUTION, AND DISPOSAL OF NON RECYCLABLE, NON RETURNABLE, AND NON DEGRADABLE PACKAGING MATERIALS. Policy 90-43-2. Hazardous Waste Management page 19 and 20. Change the title to 'Hazardous and Dangerous Waste Management' and add a paragraph (C) to read: (C) DANGEROUS AND OTHER WASTES WHICH POSE AN ENVIRONMENTAL PROBLEM Re: Scrapping of automibiles, with air conditioning systems, refrigerators, home air conditioners and building insulation containing Ozone-Depleting Compounds. Chlorofluorcarbons (CFC's) and Halons when discharged into the environment deplete the earth's protective ozone layer, allowing increased ultra-violet radiation causing such harms as skin cancer, cataracts, supressions of the immune systems and damage to crops and aquatic life. CFC's in a form commonly known as Freon are widely used in airconditioning and refrigeration systems. Fire extinguishers are the primary source of Halons released into the earth's atmosphere. CFC's are a propellent used in the manufacture of foam board insulation. CFC's are a solvent in the manufacture of electronic equipment. The recapturing and recycling of freon from auto air conditioning units could eliminate approximately 20% of all CFC's nationally. AMM STRONGLY SUPPORTS LEGISLATION THAT REQUIRES RESPONSIBLE DISPOSAL OF CFC'S (FREON) AND HALONS. THE AIR CONDITIONING AND REFRIGERATION SERVICE OPERATORS AND THE WASTE MANAGEMENT/DISPOSAL INDUSTRY MUST RECAPTURE AND RECYCLE WASTE PRODUCTS. ELIMINATING CFC'S (FREON) AND HALON FROM THE WASTE STREAM SHOULD BE THE GOAL. Policy 90-52 CSAH Designation, page 25, last line, Substitute the word "ALTERNATIVES" for 'STANDARDS' POLICY AND ISSUE PRIORITIES 1989 Priority Issues. Property Tax Relief/Reform. Much was accomplished in the 1989 special session bill. However, it is anticipated that significant effort will be made to modify LGA to Tax Base Equalization which would have a similar effect as a statewide fiscal disparities. The consequence of this could be a significant reduction in tax base for metro cities including those metro cities which are currently large gainers under the metro fiscal disparities law. Land Use Planning. The AMM has negotiated on much of the negative elements with other interested groups. The bill will be heard in 1990 and still contains undersireable elements (Action Level - High). Comparable Worth. AMM, LMC, the counties, and individual cities were successful in delaying significant changes to pay equity. This will be an issue in 1990. (Action Level - High). Tax Increment Financing. Some modest changes were made to TIF in the 1989 special session tax bill. Originally it was thought that 1990 might be cooling off period. (Action Level - Uncertain). Levy Limits and Truth in Taxation. These two issues are settled legislatively for both 1990 and 1991 and possibly beyond. (Action Level for 1990 - Non Expected). MVET. The 1989 Transportation bills set the transfer level for two years and established a long term study for the 1991 session (Action Level for 1990 - None Expected). Please indicate below your choice for issues that you believe should be earmarked for highest priority activity concentration by AMM. Choices may include all or none of the above, any new proposed policy issue or any existing current issues from the 1989-1990 Legislative Policy set. 2. 3. 4. 5. Top Policy Priorities Elected Official Appointed Official (city) optional 5 8:00 a.m. 9:00-9:45 a.m. 9:4S.10:15 a.m. 10:15.10:30 a.m. 10:30.11:45 n.m. * Invited to spenk League of Minnesota Cities Policy Adoption Meeting Thursday, November 16, 1989 RegistFation Hotel $ofitel, Minneapolis 12:00-1:45 p.m. EnviFonmental issues Commisskme~ GemM Wi]Jet, Pollution Comrol Atency MAe gobeflsou. Direct'. Off-)ce of Waste Management 2:00-4:30 p.m. Open meeting law Mark Anf'mson. Counsel, Minnesota Newspaper Association * Break Property tax issues Due to ihe uncerlalnty in Ihe properly tax area, lhe L~ajue is unable to provide I~-mative speakefl fo~ Ihe in~x. rty tax issues session. Our goal is to have Ihe d~airs tribe House and Sena~ Tax Conunil~. Lunch -- Transportation issues Comm~ioner Lm Levine, Department of Transpo~atkm * Adoption of LMC legislative policies Opening remarks - LMC President Millie Macl~od, Counc~member, Moorhe~l Adoption of rules governing lhe policy adoption Consideration of proposed legislative poticies and !. Development mlegiea 2. Elections and ethics 3. C, enernl lejishtion and personnel 4, land use, me.y, environment, and $. Revenue sources 6. Federal legislative Other business AdJouFnment November 16, 1989 City;. LMC Policy Adoption Registration Form Contact Person: Hotel Sofltel, Minneapolis Telephone it A.~. N~me Title Address Zip Code Registration per person: $25.00 Make checks payable and MAIL TO: Le_~_~e of Minnesota Citle.~ 183 University Avenue East, St, Paul, MN $$101 Nam~ Rep~seming Address Oty MAIL TO: Housing reservation form League of Minnesota Cities ~601 W. ?8th Street Minneapolis, MN 55435 -3899 (612) 835-1900 / .... / I. / /,____- / Check in lime 3:00 p.m. Check out time 12:00 noon Policy Adoption Meeting November 16, 1989 To insure space/rate availability, please respond prior lo November 1, 1989. Please specify: 65 + Tax Single (One Person) 65 + Tax Double CTwo People) I will arrive after 4:00 p.m. Please guarantee the reservation with: (Credit Card) Phone: ( .) Number and Expiration Dale PLEASE POST AND/OR DISTRIBUTE LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES INVITES YOU TO A~END A CONFERENCE FOCUSING ON THE FUTURE OF THE ENVIRONMENTAL TRUST FUND NATURAL RESOURCE CONGRESS Saturday, October 28, 1989 10 AM - 5:30 PM State Office Building - Adjacent to the Capitol St. Paul, MN Introduction Representative Phyllis Kalm - Opening Remarks Remarks on the trust fund by the co-authors of the legislation · Representative Willard Munger · Senator Roger Moe II. Panels - Nationally known experts in various resource areas will comment on current Minnesota resource issues The panels will nm concurrently from 11 AM - 2 PM III. Following will be discussion between the commission members, conference participants and the Citizens Advisory Committee members regarding an outline of the Strategic Plan for the Enviromental and Natural Resources Trust Fund. The conference is free and parking is plentiful and free (for the most part) in the Capitol area. For planning purposes, if possible, please RSVP . 612-296-2406 Commission Membert: Representative Phylli$ Kahn, Chair, Senators: Greg DaM. Howard Knutson. Bob Lessard, William Luther, Gene Merriam. Roger Moe, Clarence Purfeerst, Earl Renneke, Representatives: Glen Anderson, Doug Carlson. Virgil Johnson, Henry Kalis. Willard Munger. Jerome Peterson, John $arna Citizen Advisory Committee Member~: Robert Dunn, Chair. Al Brodie. C. Merle Anderson, Ruth Fitzmaurice, Joseph Sider. Robert DeVries, JoEllen Hurr. John Rose. Jack LaVoy, Gene Doyscher. Darby Nelson, Marcia Keller. Jacquelyn Burke-Rosholi LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES 65 STATE OFFICE BUILDING ST. PAUL, MN 55155 BOARD OF DII~CTORS AGENDA ~ Regular Meeting, 7:30 p.m., Wednesday, October 25, 1989 Nlnnetonka Commnity Center 14600 Minnetonka Blvd., Hinnetonka 7:00 p.m. PUBLIC HEARING: Personal Watercraft Use on Lake Minnetonka 7:30 p.m. REGULAR MEETING: LMCD Board of Directors 1. Call to Order 2. Roll Call 3. Reading of Minutes: 9/27/89 Regular Meeting 4. Installation of Officers 5. Public Co~aents - from persons in attendance not on agenda Reports A. Chair Cochran 1) Opening remarks and introduction to the 1989-90 program year 2) Committee chair appointments a) Water Structures and Environment Committee b) Lake Use Committee c) Eurasian Water Milfoil Task Force d) Advisory Committee e) "Save the Lake" Fund Campaign 3) Review of combined November/December meeting schedule 4) Additional announcements Financial Reports, Treasurer Lewman 1) Statement of Cash Transations, month ending 9/30/89 2) Quarterly financial statements 3) Audit of vouchers for payment Standing Committees 1) EURASIAN WATER MILFOIL TASK FORCE, Chair Reese a) Resolution concerning the Board's re-commitment to a 1990 Eurasian Water Milfoil weed harvesting program b) Contract for weed harvesting equipment maintenance for Lance DeTrude c) Progress report by Contractor Rob Merila, first 30 day objectives, progress into second 30 day objections, and current program status 6. C. 2) ADVISORY COHHITTEE, Chair Reese, Consultant Arndorfer a) Preparations for the 12/2/89 meeting concerning the Comprehensive Management Plans b) Progress on contract, subcommittee developments c) Budget amendment to contract for printed materials (over) LAKE MINNETONKA CONSERVATION DISTRICT I~CD Board of Directors Heeting 2 Heeting October 25, 1989 6. c. 3) 6. c. 3) 6. c. 4) 6* D, o o WATER STRUCTURES COMHITTEE, Chair Cochran a) Approval of 10/14/89 minutes b) Environmental Assessment Worksheet, Hinnetonka Boat Works, Orono for Browns Bay/Tanager Lake, recommending approval as presented, for distribution as required by Environmental Quality Board (copy submitted with 10/14 committee material; distribution list attached, site plan attached) c) David Thomas residential development, Smithtown Bay, City of Victoria, recommending approval of a five-slip multiple dock for outlot and three single-slip residential docks for a total of 8 BSU d) Shoreland Hanagement Rules facilitation by LMCD as lead agency for MN DNR among the 14 member cities, recommending approval to so participate; motion to authorize preparations to engage an independent contractor to prepare technical shoreland information for member cities e) City of Wayzata inquiry for adding 15 slips to dock license inappropriately tabled, staff recommending tabling motion be rescinded and Wayzata's inquiry accepted for informational purposes until an actual application is received f) Deposit refunds for 1989 District Nooring Areas, recommending approval of $100 refunds to City of Deephaven, City of Excelsior, Methodist Lakeside Assembly, Minnetonka Yacht Club, and Wayzata Yacht Club LAKE USE COHHITTEE, Chair Pillsbury a) Approval of 10/16/89 minutes b) Review of informational items I through 5, no action required c) Special Event deposit refunds, recommending approval of $100 refunds for Don Shelby National Invitational Bass Tournament, and for Viking Bass Masters' Tournament Executive Director's Report, Gene Strommen 1) Preparations for revision of position description in advance of performance evaluation 2) Administrative priorities Unfinished Business A. Prosecution service review and report, Chair Cochran New Business A. Designation of depository for LMCD checking and. savings, recommending The Bank Wayzata B. Resolution for designation of officers to sign on bank instruments per Treasurer Lawman C. Additional new business 9. Adjournment 10-20-89 RE 'D OOT 2, 1989 LAKE MINNETONKA CONSERVATION DISTRICT Action report of: Water Structures and Environmenal Committee Meeting: Saturday, October 14, 1989 7:50 a.m. LMCD Office, Wayzata Members present: Marvin Bjorlin, Tonka Bay; Jan Boswinkel, Minnetonka Beach; David Cochran, Greenwood; Bert Foster, Deephaven; Qames Grathwol, Excelsior; Douglas Babcock, Spring Park; John Lewman, Minnetrista; Robert F'illsbury, Minne- tonka; Robert Rascop, Shorewood; Thomas Reese, Mound; Robert Slocutn; Woodland. Also present: Frank Mixa, Consultant; Rob Merila, Consultant; Eugene Strommen, Executive Director. 1. Preliminary review, Minnetonka Boat Works, Density Applications. Environmental Assessment Orono, New Dock License Worksheet, and Special The Committee received a proposed Environmental Assessment Worksheet (EAW) for the Minnetonka Boat Works Orono Brown's Bay and Tanager Lake new dock license for review. The EAW was ordered by the Environmental Quality Board (EQB) because the expansion of si:.: slips on Brown's Bay and 41 slips on Tanager Lake. The new dock license and special density permit has been approved by the Committee, the LMCD Board, the City of Orono and the Minnehaha Creek Watershed District. Before the Order can be approved, the EAW will proceed through the EQB procedures, a matter of 50 to 45 days. The EAW covers only the water surface area use and does not involve any on-land considerations. Grathwol moved, Bjorlin seconded, a recommendation to the Board that the EAW prepared for the Minnetonka Boat Works (Orono) expansion be approved. Motion carried unanimously. 2. Moratorium consideration for outlot development on Lake Minnetonka for purposes of providing Lake access and dockage for non-riparian properties. To open discussion Grathwol moved, Cochran seconded approval of Interim Ordinance for the F'urpose of Protecting Lake Minnetonka, the F'lanr~ing Process, and the Health, Safety and Welfare of the F'ubl lc, and Restricting the Licensing, Cons'l:.ructior~ a~cl Maint. enar~ce of New Commercial and Multiple Docks and New Docks Making Common Use of Adjacent Dock Use Areas. Grathwol explained the Ordinance is proposed as a result of Advi:..sc)ry Committee consideration of lake access and density. He suggested a three year moratorium to allow time for its inclusion in the Management Plan. According to David Arndorf er, Consultant, because of the number of inquiries and possible applications for" new licensing, a critical density could be reached before adoption of the Management Plan. Responding to a question from Reese, Grathwol said the moratorium can be justified as a temporary measure, and he believes it is constitutional and would not be considered a "taking" of right. Lewman stated it is obvious lake shore is going to be used and it is his concern is that a moratorium on multiple docks could result in a greater density of lake shore being subdivided to provide smaller lake frontage lots with maximum dockage. Frank Mixa stated the Management Plan says the District should provide for the boats reaching the Lake through public access points and restrict the boats reaching the Lake through pr i rate non-ri pari an sources. Babcock suggested adding condominium docks to the Ordinance. Responding to a comment from Rascop, Grathwol said there is no intent to make the Lake density uniform over-all, but it is desirable to prohibit additional development in the dense areas. There was a suggestion that there co~ld be a hold on additional development by allowing docks only on property where there is a residence. Residences should have the 4 boats allowed reduced to 3, and the 1:50' general rule should be changed to 1:75·. Grathwol suggested a chanqe in 1.06 to show Minnesota Department of Natural Resources has indicated that access with dedicated pari::ing for' an additional 700 car/trailers will eventually be made available. ~ Lewman Ordinance. voting nay. moved, Foster seconded, to table the proposed Motion carried, Grathwol, Rascop, Cochran and Bjorlin Tt~e Committee indicated they would like to have further discussion. Foster sugqested Cochran, Mixa and Arndorfer bring it back at the next meeting Cochran armour;ced that as Chair-elect of the Board, he will propose, at the Board meeting in October, that Grathwol assume the Chair of the Water Structures and Environmental Committee and will refer this proposal to him to develop a sub-committee study on it. 3. David Thomas residential development, Smithtown Bay, South Upper Lake, City of Victoria,requesting a five slip outlot dock and three residential docks on three parcels, totaling 585' shoreline, with appropriate easements and homeowners association to govern. The application has been approved by the City of Victoria Plannin_q Commission and returned to the City Council. Ed Nasek, represented the owners. There are three lots on the lake and five off shore with a 40' outlot with pedestrian access only. Home Owners Association rules control the dockage of the three lake lots to one slip each and the outlot will support five slips. This is accomplished by an 8' outlot easement along the shore of the three lots. Foster moved, Pillsbury seconded, a recommendation to the Board to approve a multi-dock license for a five slip outlot dock and three residential docks for one boat each on three parcels, totaling 385' of shoreline, with the appropriate easements and Home Owner Association rules to be filed with LMCD. Motion carried unanimously. Rascop was excused from the meeting. 4. Wayzata Yacht Club progress on considerations relating to City of Wayzata's concern on the Yacht Club's annual license renewal. The Executive Director detailed the City of Wayzata's concerns on the conduczt of the Wayzata Yacht Club license in a memo dated 10/1~/89. Foster responded that Wayzata Yacht Club has a registered torrens title to their- property on file with LMCD. He stated their lot line extends through the 33' claimed by the City. The Yacht Club has put in a make-ready dock to facilitate launching as well as marking of the channel as a public amenity to accommodate the public's use of this access. Grathwol moved, F'illsbury seconded, to ask the Executive Director to communicate with the City of Wayzata regarding any objections they may have to the Wayzata Yacht Club's annual license by submitting them in writing. Motion carried unanimously. Babcock, Slocum, Foster and Boswinkel were excused from meet ing. the 5. Gayle's Marina dredging operation and commercial use of property in violation of City of Orono B-2 zoning, communication from the City of Orono. ]he above information was submitted by the Executive Director for- information only purposes as the District does not have a prohibition on commercial use of non-commercial property. There was no action taken. Cochran indicated this could be discussed in the future as the subject has also come up with reference to charter boat berthing at residential lots. 3 6. Shoreland Management rules facilitation among 14 member cities to develop uniform Lake Minnetonka Shoreland Regulations. The Committee reviewed a report submitted to the Board at their 9/27/89 meeting detailing the MN DNR invitation to the LMCD to serve as the lead aqency in taking the initiative among the 14 Lake Minnetonka communities to develop a uniform set of Shoreland Regul ati ons. Cochran commented that, whi 1 e the MN DNR Shorel and Regulations may differ .From the LMCD Management Plan regulations, the difference is not great. Reese spoke in favor of the opportunity and suggested retaining a professional planner for presentation. Reese moved, Pillsbury seconded, a recommendation to the Board that the LMCD accept the MN DNR invitation. Motion carried unani mousl y. 7. Additional business recommended by the Committee A. lhe Executive Director reported the City of Wayzata has indicated they will ask for a special density permit and new dock license for fifteen additional slips at the City marina. Grathwol moved, Bjorlin seconded, tabled. Motion carried unanimously. that the request be B. Deposit Refunds Pillsbury moved, Grathwol seconded, a recommendation to the Board that the following district mooring area deposits be refunded: City of Deephaven, City of Excelsior, Methodist Assembly Gr-ounds, Minnetonka Yacht Club and Wayzata Yacht Club. Motion car-tied unanimously. ENVIRONMENT 1. Preliminary report on weed harvesting program completed 9/29/89 Reese reported Rob Mer'ila has accomplished activities durinfl the harvesting season and preparinq equipment for removal from the Lake. a variety of currently is Meri.la reported the machines are out of the water being and prepared for winter'ization. The new fourth machine was water tested and accepted. Machines 1, 2 and 5 have been updated by United Marine International .for warranty compliance to #4's status. Reese completed. retrofiring harvesters reported the Atlas Mmrine Inc. contract has been He also reported that while United Marine, Inc. the first three harvesters the speed of the is still not acceptable. The manufacturer specified continued 10 mph. Harvester #3 has been tested at 5-1/2 mph and the new #4 gives only 6-1/2 mph. $20,000 has been withheld from the last payment to U~lI until the speed issue is satisfied. UMI President Classen has agreed to enlarging the propellers to increase speed, the engines having ample reserve power. 2. An agreement has been prepared to hire Lance Detrude,as an independent contractor, to do the maintenance for 30+ days at $15.00 per hour, plus a provision for up to $10.00 per hour for an assisEant. Reese moved, Bjorlin seconded, a recommendation to the Board of approval of the agreement with Lance Detrude. Motion carried unanimously. 3. Preliminary forecast for 1990 weed options being examined. The program discussion was layed over. harvesting program--the is not complete and 4. Rob Merila performance report. The report on Rob Merila's performance was reported as satisfactory by the Executive Director in that he has met the first 30 day objectives set forth. Due to Committee attendance depletion at this time the balance of Merila's report will be submitted in writing. A budget for maintenance will also be prepared. 5. Additional business recommended by the committee. There was no other business. 6. Adjournment The meeting was adjourned at 9:42 a.m. For the Committee: Eugene Strommen, Executive Director David Cochran, Chair LAKE MINNE¥ONKA CONSERVATION DISTRICT Action Report of: Lake Use Committee Meeting: Monday,October 16, 1989 4:50 p.m. LMCD Office, Wayzata Members present: Marvin Bjor'lin, Tonka Bay; Jan Boswinkel, Minnetonka Beach; David Cochran, Greenwood; Bert Foster, Deephaven; James Grathwol, Excelsior; Douglas Babcock, Spring Park; 'Thomas Martinson, Wayzata; Robert Pillsbury, Minnetonka; Thomas Reese, Mound. Also present: Eugene Strommen, Executive Director; Lt. Larry Peterson, Sheriff's Water Patrol. The meeting was called to order by Chair Pillsbury at 4:40 p.m. 1. Charter Boa~s A. Berthing in residential areas, continued from September review. There is nothing in the charter boat licensing code which governs where the boats are to be berthed when not loading. The Committee discussed whether the District should prohibit berthing at residential property. The consensus was some control should be considered, the main problem is the licensed charter boat ~hich is also used as a personal boat by the owner. In some cases the residential property is owned by the corporate owner of the boat, an example being A1 & Alma's in Mound. There was considerable discussion on marking charter boats to identify them while operating on the lake. There was no consensus on what is a reasonable means of marking charter boats for identi.Fication when in operation. L.t. F'eterson said the Water F'atrol would appreciate better marking. F'illsbury appointed Babcock, Foster and Boswinkel to serve as a sub-committee to identify the issues on berthing as well as how best to identify charter boats as such when under way. B. Stowage marking of PFD's response (life preservers),per DNR The MN DNR reports that signage indicating the location of PFDs on a boat are Coast Guard regulations which do not apply to L. ake Minnetonka. It was agreed this is some$1hing that could be added to the (]ode. It was referred to the sub-committee appointed in lA above. C. Application form review by PiIlsbury, Babcock, Sgt. Chandler. The Commit. tee refer'red a review of proposed changes in the application form to be used for charter boat registration to the above mentio~ed sub-committee. 2. Citizen 8r0die Presentation. James Br0die, Minnet0nka Beach, addressed the Committee on a problem which has developed in front of his property. Due to the low water an unusual amount of silt is stirred up because of the traffic in the channel about 100 yards out from his shore. This has resulted in ruining an excellent sandy bottom. Wis suggestion is moving the channel. The Committee received a response from Denis Bailey, Engineering Techni ci an,Hennepin County Public Works, stating diverting the hundreds of boats that use this channel on peak days could congest the other channel on the north side of Areola Reef posing a safety hazard. Bailey sees this as an unfortunate result of the low water elevation. Pillsbury will talk to Denis Bailey about the possibility of "Slow" buoys and make inquiry if there have been any studies on the effect of propellers under various rpm and speed on bottom silt. He will report back to the Committee. 5. Personal Watercraft progress report and Preparations for the 10/25 Public Hearing. A Public Hearing will be held in the matter of investigating the need for regulating personal watercraft on Lake Minnetonka. The hearing will be held at the Minnetonka Community Center, 1400 Minnetonka Blvd., City of Minnetonka at 7 p.m. on Wednesday,October 25, 1989. Foster has the video tape of the 9/29 noise test. He will have it for viewing prior to the hearing. He will prepare a fact sheet with the decibel ratings and background information. It was agreed the hearing will be for fact gathering information, no discussion on the comments at the hearing. 4. Winter Rules: Deicing item now out-of-date It was that because of so few people impacted by the deicing notation, and the large number of brochures on hand, no will be made in the Lake Minnetonka Winter Rules until printing is ]ustified. agreed permit change a new 5. Water Patrol Report Lt. Peterson reported five speeding tickets were issued the first day of the Don Shelby Bass Tournament but the tournament officials cooperated and the second day saw an improvement. Fifty-nine BWIs were issued so far this year. 6. Additional business A. Reese moved, Babcock seconded, to recommend to the Board refunds of :~1. O0.OO deposits for the Don Shelby National Inv~ rational Bass l'ournament and Viking Bass Masters Tournament. 7. Adjournment The meeting was adjourned at 5:50 p.m. For the Committee: Euge;~e Strommen, Executive Director Robert Pillsbury, Chair LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS Regular Meeting, 7:50 p.m., September 27, Tonka Bay City Hall 1989 1. 'The meeting was called to order by Chair Hurt at 7:52 p.m. 2. Members present: JoEllen Hurt, Chair, Orono; Jan Boswinkel, Secretary, Minnetonka Beach; David Cochran, Greenwood; Bert Foster, Deephaven; James Grathwol, Excelsior; Douglas Babcock, Spring Park; John Lewman, Treasurer, Minnetrista; John Malinka, Victoria; Thomas Martinson, ~ Wayzata; Robert Pillsbury, Minnetonka; Robert Rascop, Shorewood; Thomas Reese, Vice Chair; Mound; Robert Slocum, Woodland. Also present: Eugene Strommen, Executive Director;. Consultant Rob Merila; Attorney Charles Lefevere, Sgt. Wm. Chandler, Sheriff's Water Patrol. Members absent: Marvin Bjorlin, Tonka Bay. 3. Reading of Minutes: Cochran moved, Martinson seconded, approval of the minutes of the August 23, 1989 meeting. Motion carried, Rascop voting present. Correction of the minutes of July 26, 1989, Page 6, Paragraph 7, to indicate Pillsbury abstained from voting. Rascop moved, Hurr seconded, approval of the minutes of the special meeting o-F the Board held on September 5, 1989. Motion carried, Lewman abstaining. 4. Public Comments: Steven Tallen, LMCD prosecuting attorney, addressed the Board regarding the lawyer selection process. He asked the Board to check with Sgt. Chandler and Lt. Peterson about the service he provides before the Board makes a decision. He said a change could be more costly to the LMCD with a firm not regularly handling Hennepin County cases because of the way he splits the time in court with other clients being represented the same day. He also felt there is a misunderstanding as to how much information the Board desires from the prosecutor. 5. Reports A. Chair Hurt 1) Hurr ar'id the Executive Director' met with Pon Harnack and John Stine, Minnesota Department of Natural Resources (DNR) regarding management plan funding and working agreement through MN DNR Shorel and Rules legislative implementation authority. The DNR is reconsidering a $50,000 grant instead of the $100,000 pledged for the management plan. On Harnack's further advice LMCD will apply for the full :~100,000 and use all resources to substantiate the claim. Hurr expressed optimism about obtaining full funding. LMCD Board of Directors - September 27, 1989 Hurr reported the MN DNR has invited the LMCD to set.ye as the lead agency in taking the initiative among the 14 Lake Minne~.onka communities to develop a uniform set of Shoreland f:::eq L~ .[ at i OhS. l'he Ex ecut i ve Di rector presented a report datedg/27/89 explaining the role of the LMCD in developing the re.qul ations. Grathwol moved, F'illsbucy seconded, to refer the MN DNR invitation to the Water Structures and Environment Committee for review and report in October. Motion carried unanimously. 2) Election recommendation for LMCD officers 1989-1990 The Board agreed to hold the election of officers for 1989-1990 at this meeting rather than delaying to October. ]'he item was added to the end of the agenda. 5. B. Financial Reports, ]'reasurer Lewman 1) Lewman submitted a (:ash flow statement as of 8/31/89, commenting it r'ef 1 ects a change from the previous statement which did not show transfers from the investment fund to checking balance. 2) Lewman moved, Grathwol seconded, approval of payment totaling *166,094.47, check numbers 5652 through Motion carried unanimously. bills 5688. Lewman moved, Foster seconded, to approve payment to United Marine International, Inc. of $60,526. for the fourth harvester- upon satisfactory testing and modifications on the other harvesters. It is noted this reflects a late delivery penalty of $11,850. Motion carried, Pillsbury and Rascop voting nay. 5. C. Standing' Committees 1) WATER STRUCTURES, Chair Cochran a) Cochr-an moved, Reese seconded, approval 9/9/89 minutes as submitted. Motion carried unanimously. o'f b) Rockvam Boat Yards Cochran moved, Pillsbury seconded, appr-owsl of a tempor-ary low water variance to allow Rockvam Boat Yards to move si:.', temporary "pontoon" slips from site #1 to site #2, noting when water- levels permit the slips will revert to regular slips at site #1, the temporary slips to be discontinued. Motion carried unanimously. c) Minnetonka Boat Works (Orono) Order for approval , per committee r-ecommendation, with the additional stipulation subject to Environmental Assessment Worksheet requirement as ordered by the Environmental Quality Board. 2 LMCD Board 0f DirectOrs -September ~7, 1989 The Board reviewed Environmental Quality Board correspondence of 9/19/89 stating the need for an EAW. The Executive Director reported documentation for the EAW is being prepared. A motion to approve the Order subject to recommendations of the EAW was withdrawn upon advice of Counsel. Cochran moved, F'illsbury seconded, tabling of the until the EAW is completed. Motion carried unanimously. Order d) Minnetonka Boat Works (Wayzata) Order for approval. Cochran moved, Reese seconded, approval of the Order accepting the Committee recommendation that the requirement of sponsoring an annual bass fishing tournament be eliminated from the list of amenities. Motion carried, Rascop voting nay as he believes the variance is extending the docks beyond 1OO~ (without applicant adequately demonstrating the required hardship). e) Minnetonka Yacht Club/Lake Minnetonka Sailing School Order for Approval. Cochran moved, Grathwol seconded, approval of the Order accepting the Committee recommendation for the following change: c) to read .... the right to operate instead of ~~)__n_ sailing school for members of the general public which could instead of ~].~.~! train approximately 400 or more students per year-. Motion carried unanimously. f and g) Deicing public hearing review The Board received a proposed Code Amendment to the Ordinance relating to deicing installation of the Lake. Foster recommended the following changes in Section 2 Subd. 1: (a) .E._,'_.LC_~_t_ ..a..~D. p__r_o_v..~_d...e_~i~ ~.._n__ p_.a?__a~g_r_ap_.O_ _d_)_ _o..f_ _t_h_i__s... Subdivision~ the entire area of open water or weakened ice is not enclosed by an opmqoe semi-opaque fence which is at least four feet in height; (b) The .e.._n..t_i~_r_~ fence~, mhd the ene~re area enclosed by the fence and the en~pe area de-iced is not ~o~.t-y lighted from one- half hour before sunset to one-half hour after sunrise; (c) The e=.ot_.i__r_~ fenced area is not marked by reflectorized warning signs at least every fifty feet around the perimeter of the fence. (d) Change opaque to semi-opaque Discussion centered on the need to light the entire without overlighting. area Foster moved, Grathwol seconded, to accept the first reading of Ordinance No. 104, An Ordinance Relating to Deicing Installations on the Lake; Amending LMCD /code Section 2.06, Subd. 3 deleting last sentence - "Permanent dock permits shall not be granted where deicing equipment is needed" and Section ~ 09, Subdivisions i and 1~'~, Subd. 10 being deleted;to waive the second and third reading; and to adopt the Ordinance. Motion carried unanimously. LHCD Board of Directors - September 27, 198c? Foster moved, Babcock seconded, direction to staff that for the 1989-9(:) licensing season the deadline date for application be moved forward from October I to November 1. Motion carried unanimously. It was noted this amendmer-~t now permits new permanent if deicing equipment is needed. docks h) Bean's Greenwood Marina application for 110 slips plus 10 tie-On/service slips. The City of Greenwood has an agreement with Bean's, signed in 1977, wherein he agreed to have no more than 100 slips plus 10 tie-on/service slips. The Executive Director reported Bean has moved the boats from the disputed area. ~ Hurt moved, Grathwol seconded, to refer Bean's Marina application back to the Committee for information. Motion carried unanimously. Greenwood complete i ) Smith's Bay Marina and Yacht Club recommendation to remove the 9 feet of dock that is beyond 200 feet into the Lake, as determined from an April 1988 inspection in violation of the license. The Executive Director, along with information from Charles Mel uny, Doc;:: Inspector, reported a discrepancy in the point of measurement, taken from the seawall which is 6' behind the 929.40HW mark. A re-inspection verified the dock is 194~, 197-1/2~ and 205~ from the 929.40HW point of measurement as referenced on the as-built survey, the average being less than 200·. Reese moved, ~rathwol secor~ded, approval of the Smith's Bay Marina and Yacht Club license, disregarding the minimal distance error. Motion carried unanimously. Gerald Toberman, o~.ner of the subject marina, said, in response to Chair Hurr's request, he will allocate a slip to the Sheriff's Water Patrol and allow them use of his ramp. Sgt. Chandler expressed appreciation. ~) Pillsbury reported a Minnehaha Creek Watershed District meeting on 9/28/89 could resolve the Libbs Lake dredging problem. k) Grath~,ol questior~ed whether a series of docks on the Greenwood side of Manor Road, on St. Alban's Bay, are in conformation with LMCD Ordinance. 'The Executive Director reported the area consists of a series of 25 foot lots in Greenwood, some of ~hich are owned by each of the two land developers on the Shore~,~ood side of Manor Road. The developer has met LMCD requirements by using combir~ed doc;:: use areas, placing a three-slip and four-slip seasonal dock on the lots. H'~e developer also I~as a dred~.~.nq permit to improve water- access, -- continued LMCD Board o'f Directors - September 27, 1989 the dredging not yet done. The City of Greenwood has enacted a moratorium on octtlot dockage, but the developer installed the docks prior to the moratorium. Cochran assured the Board the Committee will continue to study the situation. 5. C. 2) EURASIAN WATER MILFOIL TASK FORCE, Chair Reese a) Reese introduced Rob Merila to the Board. Merila reported the harvesters are working on the entire lak'e and will finish this week. They have harvested in excess of 600 acres of the amended 750 acre permit. A UMI harvester manufacturer mechanic will accompany the fourth harvester and make necessary adjustments and modifications to the other three machines. LMCD will contract for a mechanic to winterize the equipment. Temporary storage has been obtained at a Hennepin County maintenance yard in Spring Park. Alternatives are being investigated for possible indoor storage. Minnetonka Boat Works has offered to assist in shrink wrapping the machinery for outdoor storage if necessary. b> Hurt and Merila visited management Chataqua, Lakewood, New York and observed their operation. They learned a great deal about maintenance and their annual operation. at Lake harvester equipment c) Reese submitted Change Orders #2 and #5 to the contract with Atlas Marine. Change Order#2 sets forth the terms for use of a harvester provided by Atlas Marine to supplement UMI equipment. Change Order #5 provides for rate changes for three- harvester-cutting rate as of 9/15/89. Rascop questioned Atlas' previous offer of a truck until the 5rd harvester arrived, believing they stated a truck would be provided throughout the Atlas Harvester use. The E;.,'ecutive Director stated this was amended to the time of the 5rd harvester's arrival. Boswinkel moved, Grathwol seconded, approval of Change Order #2 and #3 to the contract with Atlas Marine. Motion carried unani mousl y. d) Reese reported the request for Corps of Engineer (C/E> matching funds for 1990 has been completed and has been forwarded to Washington, D. []. for approval. The C/E will require a feasibility study, part of which has been done this summer. Without these matching funds it will be difficult to operate in 1990 at the same level as in 1989. Reese is looking forward to improvements in the 1990 operation and at the same time is satisfied with tl~e acco~nplishments in 1989. []hair Hurr and the Executive Director met with Hennepin County Public Works Director Pat Murphy to provide a project supervisor, truck and disposal site for the weeds. The County is experimenting with mixing lake weeds with leaves and grass clippings at a compost site. LMCD Board of Directors - September 2Z, 1989 Reese reported the Fresh Water Foundation has hired a research director who will head up the scientific research sub- committee on Eurasian water Milfoil task .force.. The MN DNR conducted Sonar weed herbicide test studies in Carson's, Gray's and Smith's Bays. There is also a report of an insect which eats milfoil. The search for alternate sources of Eurasian water Milfoil control or eradication is on-going. Grathwol recommended the Board publicly recognize the weed harvesting program as having been done in a positive manner. The Board concurred. Hurr added that a vigorous fund raising program will have to be carried on in the coming year to fund the operati on. 5. C. 5) LAKE USE COMMITTEE, Chair Pillsbury a) F'illsbury moved, Foster seconded, approval of the 9/18/89 minutes as submitted. Motion carried unanimously. b) Personal Watercraft Foster reported on the meeting with Personal Watercraft industry representatives held on 9/19/89. The representat i vms present ac knowl edge they have similar problems all over the country. Manufacturers have reduced the noise level to national 82.4 DBA standards, but major noise problems result from after-manufacture equipment and modifications added to the machines. The group present basically concurred with the LMCD analysis prepared by Foster,but feel the 1~)00' operating distance from shore is too far. On 9/29/89, at Water Patrol Headquarters in Sprinq F'ark a noise test will be held at 50' , 100' , 500' , and 1000° distances. At least four manufacturers will brinq equipment. Monitoring equipment will be furnished by the Water F'atrol and Pollution Control Agency. Other comments: Boswinkel: Reduce the allowable decibel rate. Babcock: Would like to see a hard approach to prohibiting after-manufacture equipment. Hurt: The manufacturers appreciate the opportunity to be heard before action is taken. Rascop: Would like to see statistics on accidents, etc. Chandler reported they are surprisingly few on Lake Minnetonka. c and d) Charter boat registration proposed Code amendment. Pillsbury moved, Foster seconded, to approve an amendment to the charter boat registration code which will change the application due date from May I to March 1, and to prohibit charter boats from operatinq until Water Patrol/DNR inspections have been passed and all LMCD registration requirements are met. Motion carried unanimously. There was a discussion of identification of charter boats by some type of signage to identify their use. There was no action. LMCD Board of Directors - September 27, 1989 e) Rascop moved, Pillsbury seconded, refunds of fees to the following special event permit holders: Mound City Days, Zuhrah Shrine Skippers~ Lake Masters Swim Club~ Antique & Classic Boat Parade, Wednesday Night Bass Tournaments and MN/WI Pro-Am Bass Tournaments, detail in list of approved vouchers. Motion carried unanimously. Refund was declined on the Westonka Crappie Tournament as a result of attorney fees and staff time resulting .From tournament officials not securing a water patrol permit after several reminders. f) Water Patrol Report Sgt. Chandler reported 57 BWIs issued. One full-time deputy has been transferred to other duties. He had no information on a replacement. The Board was in~ited to the Water Patrol Annual Dinner to be held the evening of 11/18/89 at the Excelsior Bay Yacht Club. 5. C. 4) ADVISORY COMMITTEE Chair Reese, Consultant Arndorfer. a) Arndorfer presented a quarterly progress report explaining the restrictions to be used as density increases. A key consideration is as the lake use acres per boat count goes down the restrictions on access will have to increase. A number of options on how to achieve this were presented. b) Arndorfer continues to develop the agenda for the management plan information meeting. He is looking for Advisory Committee members to present the different topics. Local officials, county officials, regional agencies and state agencies as well as the LMCD board members have been invited. (The date has subsequently been changed to Saturday, December 2, Lafayette Club.) 5. C. 5. EXECUTIVE DIRECTOR'S REPORT, Gene Strommen a) '[he Executive Director reported the Bookkeeper-Clerk is leaving LMCD employment the third week in September. She voluntarily resigned due to non-compatibility with the District's bookkeeping requirements. Rascop moved, Reese seconded, to authorize the Executive Director to hire a replacement at ~-{8.00 per hour under the established job description. Motion carried unanimously. b) l'he Executive Director reported he along wi th Reese will make presentations at a two-day State Lake Management Conference i n Mi nneapol i s. He wi 11 address how shoreland management can work in an urban lake setting. Reese will speak on the Eurasian water Milfoil program. LMCD Board of Director's - September 27, 198~ c) l'he Executive Director appeared on a Cable 'IV with four city managers and discussed Milfoil and the Management Plan. d) Grathwol suggested a review of the executive director's position and performance is likely due. A review of the Executive Director's view of the position, past and future, would be valuable at this time. 6. UNFINISHED BUSINESS A. Legal service selection in response Committee's recommendation of two finalists. to Selection Before the legal service selection, Lefevere clarified that despite rumors he is interested in continuing as Counsel for the LMCD. ;.~e would appreciate a dialogue about the concerns the Board has with his service. On his part there is a need for a clarification of who can talk to the attorney, who gives direction and can the attorney initiate projects. Lefevere left the room at this time. Hurt responded the current opening of consideration for the position of Counsel results from a desire to periodically open appointed positions for review. Another factor was Lefevere~s change of firms. Once the Board decision was made to open the position in Apr~ 1, to requests for proposals, fifteen firms applied for the position. Applications ~ere available for review by all the LMCD Board members. An appointed committee of the officers and Grath~ol selected six firms for personal interview. Aqain al. 1 directors were invited to participate in the interviews by written notice. Finally t~o firms selected for Board consideration were Best and Flanagan and Huff and Allen. Grakhwol moved, Bos~.~inkel seconded, appointment of Robert Meller, Jr. of Best and Fl anagan as Counsel to the LMCD. DISCUSSION: Grathwol discussed the selection process and indicated he believed the process was fairly handled. He felt the officers must have confidence in the legal counsel. Officers who have the working relationship with the attorney, indicated they have a lack of confidence in Lefevere and are entitled to have counsel, in ~-~hi ch they have confidence. Reese specifically mentioned his dissatisfaction with the codification o~ the ordinances and preparation of the contracts for the weed harvesting proqram. There was discussion of cost. Grathwol responded that cost was not a factor in changing attorneys as activity more than anythin~q else controls cost. Reese noted Best and Flanagan are willinq to negotiate a flat fee retainer. Hurr noted Best and Flanaqan will bear the start up costs by doing some self-training on LMCD·s operation. L~ICD 80ard of Directors - September 27, 1989 Several Board members commented for LeFevere as follows: (Lewman) - spoke on behalf of the value of continuity; (Cochran) - expressed his concerns about the selection process which resulted in three board members make the recommendation, two of whom he believed held biases,that an interview schedule was set in which LeFevere personally was not interviewed, (as was the case with another firm's representative being substituted), Lefevere has not lost a civil case, he prevailed over a Corps of Engineer's case and believes he has done what he was asked. (Slocum) - believes the possibility of a conflict of interest could exist as Best and Flanagan represents the City of Wayzata. (Pillsbury) - suggested an opinion from the Professional Responsibility Board of the Bar Association. Slocum) - suggested the selection of the attorney be made after the election of officers. Martinson moved, Rascop seconded, to table the selection of an attorney until after the election of officers. Motion carried unanimously. B. Election of Officers Hurt announced nominations from the floor for the ' office of Chair were open, stating she would be interested in serving one additional year, particularly to assist in LMCD's funding needs. Slocum moved, Rascop seconded, to nominate David Cochran for the position of Chair. Reese moved, Boswinkel seconded,to nominate JoEllen Hurt for the position of Chair. Rascop moved, Lewman seconded, that nominations be Motion carried unanimously. closed. Hurr called for a written ballot and appointed LeFevere and the recording secretary as tally clerks. Lefevere announced the following vote: David Cochr-an 9 w~tes JoEllen Hurt 4 votes Cochran was declar-ed elected for- a one year- term e.f-fective with the October 25, 1989 Board of Directors installation. Hurr called for nominations for Vice Chair. Rascop moved, Fluff seconded, to nominate Robert Slocum for the position o.~ Vice [;hair. Slocum declined the nomination. LMCD Board of Director-s - September 27, 1989 PillsbUry moved, Babcock seconded, to nominate Bert Foster for the position o.f Vice Chair. Bos~.~inkel mow?d, Martinson seconded, to nominate lhomas Reese for the position of Vice Chair. Hurt moved, Babcock seconded, to nominate James Grathwol for Vice Chair. Grath~.~ol declined the nomination. F'illsbury moved, Rascop seconded,that nominations be closed. Motion carried unanimously. Lefevere announced the following vote: Bert Foster' 9 votes Thomas Reese 4 votes Foster was declared elected Vice Chair for a one year term effective ~ith the October 25, 1989 Board of Directors' instal 1 ation. Hurr declared nominations open for the office of Secretary. F'illsbury moved, Malinka seconded, to nominate Jan Boswinkel as Secretary. Rascop moved, Grathwol seconded, that nominations be closed and a unanimous ballot be cast -for Jan Boswinkel as Secretary. Motio~ carried unanimously. Jan Boswinkel was declared elected to the office of Secretary for a one year term effective with the October 25, 1989 Board of Directors installation. Hurt declared nominations open for the office of Treasurer. Rascop moved, F'illsbury seconded,to nominate John Lewman as Treasurer. Bos~inkel moved, Slocum seconded, that nominations be closed and a unanimous ballot be cast for John Lewman as Treasurer. Motion carried unanimously. John Lewman was declared elected as Treasurer for' a one year term effective with the October ~=, :-~ 1989 Board of Directors instal lation. G ~-' a '1: f"~ ~ o 1 .... ~ ~, 'l e..pre_:~s~r ti~anl::s, on behalf of the Board, to Reese and Hurr- .for' their' set'vices. The Executive Director,on behalf of the staff, recognized F:¢eese and Hurr have been untiring in their service to the l)istr"ic.t. 10 LMCQ Board Di 'ect0rs - September 27, 1989 D. Appointment of Attorney (continued) Rascop moved, Pillsbury seconded, that the LMCD retain Charles Lefevere of Holmes ~ Graven as counsel. Motion carried~ Hurt abstaining. Rascop stated he would like to have the current prosecutor replaced. Lefevere said in fairness to present prosecutor that he be given an opportunity to respond to any allegations made against him. He further stated he has no problem working with anyone appointed. Cochran requested a further examination of the appointment. Malinka asked for a report of prosecutions, out- come and cost vs. receipts. Babcock moved, Lewman seconded, to refer the appointment of a prosecutor to the officers for a recommendation. Motion carried unanimously. 7. New Business Board., 3'here was no other business to come before the 8. Adjournment Martinson moved, Malinka seconded,that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 11 p.m. JoEllen Hurt, Chair Jan Boswinkel, Secretary 11 CITY of MOUND 534! M~,YWOOD ROAD MOUN2 MINNESOTA 553~4 ,6'2) 472-1155 September 8, 1989 Curt Pearson 1100 First Bank Place West Minneapolis, MN 55402 Dear Curt: In the process of a local contractor building a home, it vas..discovered by the Contractor and the City of Mound that the lot on which the house was being built had a sanitary sewer service. The property adjacent to where the new house was being built was connected to the sewer service. This occurred because the same person owned the existing house property as well as the vacant lot property where the new house is being built. This apparently happened in the mid 1960's when sewer service was supplied to the area. The property in question is located on Lakewood Lane, behind city hall. The new house currently has a temporary sanitary sewer service, but under ordinance, sanitary sewer services are supposed to be individually connected to the sanitary sewer main. The problem gets further complicated in that the owner of the existing property is undergoing some personal problems and financially she cannot afford to have her se~er service reconnected. The sewer service that is there is on the lot that supplies the new house. '- I have spoken to the existing property owner as well as the contractor building the new house. The contractor is the owner of the lot and is intending to sell the property upon completion of the house. Both parties are concerned about the city's requirement to have separate sewer services. They understand it, however, the existing house owner cannot afford to pay the cost (roughly $2000 - $3000). The builder of the new house is afraid of sewer backup due to sharing the same service. Re is also concerned about marketing the property and being able to convey title to a new owner should the property be sold. My question to you is can the City of Mound have the sanitary sewer service for the existing house reconnected and the assessment of such a cost be placed on the property's taxes? It would be my interpretation that the City could not do the work and assess it as a special assessment type of project that we would normally do since we are dealing with private Curt Pearson September 8, 1989 Page 2 services. However, since our ordinance does require that we have separate sanitary sewer service connections, that perhaps, we could place the bill on her taxes to accomplish satisfaction of the ordinance as well preventing any liability that the City might have and any problema that it might cause for the new house. Please respond to me on this as soon as possible. Sincerely, Edward J. Shukle, Jr. City Manager P.S. I have discussed this with Greg Skinner, Water and Sewer Superintendent. He has sent them a letter based upon my direction that we follow the ordinance and have the sanitary sewer service recommected by November 1, 1989. However, I received a visit from the contractor this morning who is trying to work this thing out so that the ordinance gets satisfied, but also that financial burden is not am immediate one for the property owner who has to pay for this. It should be noted that the temporary service would last for some time. But again, we could run into problems with sewer backup. ES:Is October 5, 1989 Mr. Curt Pearson 1100 First Bank Place West Minneapolis, M~ 55402 Dear Curt: I sent a letter to you dated September 8, 1989, regarding a connection for a private homeowner on Lakewood Lane in the City of Enclosed is a copy of that letter for your review. sewer Mound. We discussed this matter on the telephone and you indicated that due to the circumstances of the homeowner, the City could hire a contractor to perform the sewer connection and then assess the cost back to the property owner over a three to five year period. I have received two quotations on the sewer connection. The Iow quote is for $955, the other quote is for $1250. Obviously, we would take the lower quote and calculate over five years at an interest rate of 8% what the assessments would be beginning in 1991. I have spoken to the homeowner, Mrs. Sandy Bastien, 2541Lakewood Lane, and she is in agreement with the City of Mound having the work done and assessing her on her real estate taxes. I think we should draft a formal agreement to this effect and have her sign it. There isn't any ordinance that allows us to do this and I think it would be in our best interests to have an agreement where Mrs. Bastien understands that these assessments will be placed on her taxes for the years 1991 through 1995. There isn't any engineering involved. However, there would be costs from you with regard to drafting an agreement as well as the possibility of additional costs should the contractor run into problems while he is reconnecting the sewer service. Typically this is done on a time and material basis. that dces not d,scr~mlnate or' '"'e cas~s of race color, r-at~onat orig,n Dr ha'qd capped sta',~s Mr. Curt Pearson October 5, 1989 Page 2 Do you agree with drafting an agreement? If so, what would be the legal costs from your standpoint? Enclosed is a tabulation of the principal and interest payments as calculated by John Norman, Finance Director. Also enclosed are copies of the quotations to do the work. Please review this issue and get back to me as soon as possible. We would like to have the project started as early as the week of October 9, 1989. I look forward to hearing from you. Sin,cere ly, Edward J4 Shu~kle, Jr. City Manager eric. ES:is A. THOMAS WURST, P.A. CURTIS A. PEARSON, P.A. JAMES D. LANSON, P.A. THOI',4A$ F, UNDERWOOD, P.A. CRAIG IMI. HERTZ ROGER U. FELLOWS LAW OFFICES WURST, PEARSON, LAR$ON, UNDERWOOD & MERTZ IlO0 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA $540a Mr. Ed Shukle, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 October 16, 1989 OCT 1. '7 1989 (6i~:) 338-Z625 Re: Lakewood Lane Sewer Connection Dear Ed: This will acknowledge receipt of your letter of October 5, 1989, concerning the need to correct the sewer service connection for Sandy Bastien, a home owner at 2541 Lakewood Lane. You in- dicate to me that she does not have the necessary money to make the service connection but will agree with the City of Mound to have the City do the work and then special assess the costs against her property. I therefore recommend that we proceed under Minnesota Statutes, Chapter 429, and there is authority in that Chapter as well as Chapters 412 and 444 to allow the City to make service connections and to special assess the costs back against the property. I am enclosing herewith a petition by which Mrs. Bastien and any other owners of the property petition the City of Mound · . . to make the improvements The precise znformat~on should be clarified and ~ritten into the petition. The petition provides that we may proceed with the improvement without holding a public° hear[n easement or entrance permit, and since I do not know the legal description, I have enclosed a blank easement form and suggest that this be completed and that a temporary easement be signed by her authorizing you to go on the property and on the area legally described for whatever a reasonable period of time it takes to complete the connection. WURST, PEARSON, LARSON, UNDERWOOD & MERTZ Page 2 Mr. Ed Shukle, City Manager October 16, 1989 You have also indicated you want an agreement prepared for her to sign and I have drafted such an agreement and enclose it herewith, but I can only do it in a form which requires you to fill in the details and complete it, or you can send it back to us and we will put it in final form. You have also indicated that you have a bid of $955 to do the work but that includes no restoration work which Greg has indicated will amount to about $400 and includes no City services of any form or fashion. You can use the ~greement form I have enclosed or you can wait and ask her to s~gn ~ afner you--d-u--have ail t~? ~ills incurred_. I am estimating tha'~ our Charges on this will *be approximately $150 if the enclosed materials satisfy your needs. If you have to go beyond that, please be advised that additional monies will be necessarz~ / Cur~s ^. Pearson City~^ttorney CAP:Ih Enclosures CI'FY ,X IOUNI) 5~2; 472-! October 20, 1989 Mrs. Sandy Bastien 2541Lakewood Lane Mound, Mn 55364 Dear Sandy: Enclosed are the following: 2. 3. 4. Petition for local improvement Easement Agreement to special assessments Special assessment payment schedule The above is in reference to the sanitary sewer connection that we have discussed previously. This will appear on the City Council agenda on Tuesday, October 24th. It is necessary for you to sign the enclosed copies and return them to me by Tuesday, October 24th. The petition states that you are in favor of this improvement and are agreeing to the special assessment that will be levied against your property. The temporary easement that is also enclosed allows the City or its contractor to enter and work on your property. We have stated an expiration date of June 1, 1990, which will allow enough time to handle any restoration work that would have to be done due to the project. The agreement to special assessments basically states that you are agreeing to this sewer connection and agreeing to paying for it under a special assessment procedure. The easement represents the ability for the City and/or contractor to work on your property. The date of expiration is June 1, 1990, this will allow sufficient time to do the restoration work that will be needed. The final document enclosed is an example of the special assessment system. Mrs. Sandy Bastien October 20, 1989 Page 2 It shows a $2000 assessment over 10 years at 8~ interest. This is likely to change since the amount of the project is only an estimate at this time. We will revise the special assessment procedure when we know what the final project costs are. Therefore, please sing the petition, easement and agreement to special assessments and return them by October 24th. If you have any questions, please do not hesitate to contact me. ' ._~Siacere 1~, Edward' J. Shukle, Jr. City Manager cc: Greg Skinner, Water and Sewer Superintendent John Norman, Finance Director ES:Is PETITION FOR LOCAL IMPROVEMENT TO THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: We, the undersigned, are all the owners of real property located at 2541 Lakewood Lane, Mound, Minnesota, and hereby petition to have the said property connected to the sanitary sewer connection which is in place to serve said property and, in accordance with M.S.A. 429.031, Subd. 1, hereby waive any public hearing to be held on said improvement. We further state and agree that we are all the owners of said property and further state that by this petition we waive any rights to question the amount or the validity of .the special assessment levied against our property. (Address) AGREEMENT TO SPECIAL ASSESSMENTS It is hereby agreed by and between Sandy Bastien, who is the owner of property at 2541 Lakewood Lane, Mound, Minnesota, legally described as set forth in Exhibit A as attached hereto and made a part of this agreement, and the City of Mound, a municipal corporation, as follows.. 1. The property at 2541 Lakewood Lane, Mound, Minnesota, is connected to the wrong sanitary sewer connection. When the original connection was made, the property owner owned two lots, and the home at 2541 Lakewood Lane was connected to the wrong sewer connection. 2. A new home has now been built on the abutting property, and it is necessary that that home connect to the service which is currently being utilized by the property at 2541 Lakewood Lane. The property owner at 2541 Lakewood Lane has agreed to correct this error by connecting to the proper sewer service connection, but it is estimated that the cost of such connection could run between $2,000 and $3,000, and the property owner at 2541 Lakewood Lane does not have the financial capability to pay this amount at this time and therefore has petitioned the City to special assess her property. 3. Minnesota Statutes, Chapters 412, 429, and 444, and other governmental regulations concerning the health, safety, and general welfare provide authority for the City of Mound to make improvements to the service connection and to connect toilet facilities with the municipal sanitary sewer system. It is hereby determined that this authority should be utilized, and the City of Mound can do the work and special assess the property under that statutory authority. Quotations have been received to make the connection, and in addition to the physical connection of the existing sewer service to the property at 2541 Lakewood Lane, it will be necessary to restore the property disturbed by the connection, and there are other costs and expenses to be incurred by the City of Mound which are attributable to this special assessment. The owner hereby agrees that a special assessment may be secured against her home at 2541 Lakewood Lane, Mound, Minnesota, in an amount not to exceed $2,000, nor may it exceed the cost of the project. If the City determines in doing the work that there is some reason the costs will exceed $2,000, the City agrees to contact Mrs. Bastien and to obtain her approval for those additional expenses. 4. Sandy Bastien indicates that she is the owner of the property located at 2541 Lakewood Lane, legally described in Exhibit A, and hereby requests the City of Mound to levy special assessments payable over a five year period against her property to cover all the costs and expenses incurred in connecting her home to the sanitary sewer located in Lakewood Lane. Said assessments shall be made and filed with the County Auditor in accordance with the authority contained in Minnesota Statutes Section '429.061. The owner hereby agrees to waive any and all objection to the special assessment and agrees to pay 100% of the costs. 5. The City of Mound hereby enters into this agreement and agrees to do the work based on the request made by the property owner as stated herein. Sandy Bastien, Owner City of Mound By~ Mayor By. City Manager EAS~NT WIS AGR]~F..M]~T]' lade thia 24th dly O~ October bet-,eeen Sandra K. Bast~en part y of the first pert. end THE CIT~OF MOUe. a municipal corporation under the la~s of the State of Minnesota. party of the second part. WITNESSET~: That the part y of the first part, in consideration of the su~of ONE DOLLARANDOTHERGOODANDVALUABLECONSIDERATION, to her in hand paid by said party of the second part, the receipt of ~hich is hereby acknowledged, do es hereby grant and convey unto the said party of the second part, its successors and assigns, an easement over certain lands located in Hennepin County. Minnesota. as follows: Lot 3 and that part of Lot 2 lying NEly of a line drawn from a pt. in SEly line thor dist. 45.50 ft. SWly from most Ely cot thor to a pt in NEly line of Lot 2 dist. 200 ft. NWly from most Ely cot thor, Block 3, Shirley Hills Unit D. Temporary Construction Easement to expire June 1 , 1990. State Deed Tax Due Hereon: None IN TESTIMONYWH~REOF. the said party day and year first above vritten. THIS FORM PREPARED MY: Francene C. Clark-Leislnger City Clerk City of Mound 5341 Maywood Road Mound, MN. 55364 Affects Certificate No. has hereunto set her hand the SANDRA K. BASTIEN STATE OF MINNESOTA COUNTY OF HENNEPIN SS. The foregoing instrument was ecknc~ledged before me this .~I1. day of S ullivans ervices, Inc. 3660 HWY. 101 SO. SEWER, WATER & EXCAVATING CONTRACTOR WAYZATA, MN 55391 473-4300 lrup sa[ · Pa e .o. o, Pages PROPOSAL SUBMITTED TO STREET 2541 Lakewood Lane CITY,STATE AND ZIP CODE Attention: 164 PHON[ I DAT[ 472-1563 472-6294 August 31, JOB NAME v JOB LOCATION rJoB PHONE 1q~9 We hereby submit specifications and estimates for: Uncover sewer line on west side of driveway, reroute under concrete driveway, then across yard to service. TOTAL COST.... .... $1,250.00 Owner to pay all City Charges. Note: No sod, seed or black dirt fissured. CONDfTK~: We rese~e ~e right to file a Meo~an~C's Lm~ if bill is not pad (in full) wi~in 30 days of complepon of wo~. If we do file a mechanCs lien after the bill has bee~ un0aid for 30 days. yo~ agree Io pay all costs wh~::~h we incur in filing such a lien. including reasonable attorney's fees. Also. in the event we do ncx file a meohanK:'s ~ or in the event we choose no~ to foreck:~e a film:l rnechanic's lien ~ legal actK~ becomes r,,eces, sa~ to coflect this bill rewesenting Ibis work do~e under this l:~0posal, you agree to pay all COsts wh~ we actually incur in the collecPon of this bill, ~ncluding reasonable altorney's fees. We will no( be responsible for any underground utildmS bhal cannot be located by the Utility Companies or the Homeowner. In bedding lob we figure soft to be dry. If wet there wdl be exlra cha~ges based on time and malarial No~nal clean-up ~ ~ncluded ~n this p*'ooosal. There ~s no sod figured in this Woposal. We will no{ assume the responsibd~y tor water p~oes, l~ees, Ires roots, split, let systems etc. u~less notified lo exact Iocat~o~ p~o' to excavating. Frost r~Oing ex~'a charge hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: One Thnu~nd Tiao N-ndred Ft£~y.. Payment to be made as follows: On Completion of Job dollars ($ 1;250,00 ). AJI meterie/ ~ guaranteed to be as Sl~cified. All work to be completed in a workmanlike n'~n~er according to standard practices. All asreements continlBent upon strikes, accidents M' dela~ beyond our control. Owner to carry fire, tornado and other necessary insurance. O~r ~rkers are fully covered by Workmen'$ Compensation Insurance. Auth°rized v~~ ~ ~ Signature Note: This proposal may be withdrawn by us if not accepted ~ ~ t~s. ~e a~e ~s. ~ ~ ~s ~e ~f~ ~ ~e h~ Signature ~. Y~ ~e au~iz~ to ~ ~e w~ ~ ~. Paint will ~ ma~ ~ ~tli~ ~e. __ days. Date of Acceptance: Signature WlDMER INC. P.O. Box 219 ST. BONIFACIUS, MINNESOTA 55375 Phone 446-1495 Page No. of Pages PROPOSAL SUBMITTED TO STREET CITY. STATE AND ZIP CODE ARCHITECT DATE OF PLANS PHONE JOl~ NAME JOB LOCATION DATE JOB PHONE We hereby submit spec~ficahons and estimates for: We reserve the right to file a Mechanics Lien If bill Is not paid within the length of time prescribed by law. You agree to pay all cost Incurred pertainln8 to lien. We will not be responsible for any underground utilities that cannot be located by the utility companies or the homeowner. Normal clean-up Is Included In this proposal. There Is no sod figured In this proposal. We will not assume the responsibility for water pipes, trees, tree roots, sprinkler systems, etc. unless notified to exact location prior to excavatln&. Frost ripping extra charge. It Is expressly stipulated and agreed that the undersigned shall not be held liable for damages to grass, trees, shrubs and any underground obstructions, Including pipes, electrical wiring and etc. In bidding job we figure soil to dw. If wet. there will be e~tra char~es based on time and material II PaymApt to be made as follows :~,~ / ~'~/ hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: A finance charfe of 1.5% per month (18% annual rate) will be charl~ed on past due accounts. AIl material is g ..... tee-d to be as specified. Ail work to be completed ...... kmanlike ~ ....-~ / -- ~ m.nner acco ingto stand.rd,r, ct*e,. Anyalterat ..... dev,ation, .... bove,,.,f,ca. tions in~ing extra costs will be executed only u~n wr~en orders, and will become an Signature / ~ , ~ ~tra cha~e over and a~ve the estimate. All agreements contingent upon str~kes, accidents ~ ~ de~ ~ond our control. ~ner to car~ fire, tornado and other necessa~ insurance. Note: This pro~sal may be ~  w~thdrawn by us if not accepted within~ Date of Acceptance: Signature . days.