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2001-08-14
PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. MOUND CITY COUNCIL TUESDAY, AUGUST 14, 2001, 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. OPEN MEETING - PLEDGE OF ALLEGIANCE APPROVE AGENDA, WITH ANY AMENDMENTS *CONSENT AGENDA *A. APPROVE MINUTES: JULY 10, 2001 REGULAR MEETING JULY 17, 2001 SPECIAL MEETING JULY 24, 2001 REGULAR MEETING *B. APPROVE PAYMENT OF CLAIMS *C. APPROVE A RESOLUTION NAMING DON SCHERVEN MEMORIAL PARK *D. APPROVE TIM BECKER REQUEST FOR EXTENSION TO "NO-NET LOSS" DETERMINATION AND EXEMPTION *E. APPROVE A RESOLUTION REQUESTING THE REMOVAL OF A STREET LIGHT AT THE END OF CANARY LANE - 1700 BLOCK OF CANARY LANE *F. APPROVE RESOLUTION ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT - CALENDAR YEAR 2002 *G. APPROVE PUBLIC LANDS PERMIT: BOB CARLSON - 4991 BRIGHTON BOULEVARD PAGE 8424-8427 8428 8429-8434 8435-8459 8460 8461-8471 8472-8474 8475-8481 8482-8510 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. (LIMIT TO 3 MINUTES PER SPEAKER.) PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS, o PUBLIC HEARINGS A. CASE #01-21' PORTIONS OF KELLS LANE ($taffre¢omme,ds continuation of this public hearing, with date to be determined.) ACTION ON SUBDIVISION AGREEMENT FOR LANGDON BAY ACTION ON ORDINANCE REGULATING PLACEMENT OF "ROLL- OFFS" (DUMPSTERS) ON PUBLIC STREETS 8. ACTION AMENDING ETHICS GUIDELINES EXECUTIVE SESSION FOR CONSIDERATION OF A SETTLEMENT AGREEMENT ON POLSTEN, ET AL, LAW SUIT 10. ACTION ON RESOLUTION ORDERING AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) Crhis item to be considered only if item immediately preceding is approved.) 11. INFORMATION/MISCELLANEOUS mo B. C. D. E. F. G. H. I. J. K. L. M. AMM Fax News LMCD correspondence Mound Police Department report: July 2001 Westonka Senior Center news Article: Urban Police Jobs are Losing their Appeal Minnesota Chamber legislative update Letter: Free Bee's Hennepin County Planning Office appointment Zoning Activity report: June/July 2001 Letter: Hennepin Conservation District Sheriff's Report: Summer 2001 Report on Dock Inspector Memo on County Roads 15 & 10 project 12. ADJOURN This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. agendas may be viewed at City Hall or at the City of Mound web site: www. citvqfmound, com. 8511-8520 8521-8530 8531-8532 8533-8560 8561-8562 8563-8574 8575-8576 8577 8578-8580 8581 8582-8583 8584 8585-8589 8590 8591-8594 8595 8596 More current meeting COUNCIL BRIEFING August 14, 2001 HRA MEETING HAS BEEN CANCELLED NO AGENDA. #3.E. Street Light The streetlight recently installed at Canary Lane has not served its intended purpose. It, instead, is an irritant to those most close by. Redirecting it or shielding it has been explored, but is not an option. The majority of neighbors wish to have it removed, which is normally done by petition. It is the recommendation of Public Works, Police Department and Management that the light be removed. #3.F. Livable Communities Act Grants To remain eligible for livable communities act grants, this resolution is adopted annually, as a course of action. #7. Dumpsters on Public Streets Frequently cities have an ordinance regulating the placement of construction dumpsters. With all the post-storm and other construction, it has become a needed addition to our City Code. Public Works and Management recommend approval. #9. Lawsuit Settlement George Hoff will distribute supporting documents for the executive session. Even Management will hear the settlement proposal for the first time at the meeting. Safeguarding the city's position through complete confidentiality is critical. EAW One of the pieces of the settlement conditions could include the city ordering an environmental assessment worksheet. This item will only be addressed should that be the case. UOUND CITY COUNCIL UINUTI:$ ,JULY 10, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 10, 2001, at 7:30 p.m. in the council chambers at 53,41 Maywood Road, in said City. Councilmembers Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mark Hanus, Klm Anderson and Peter Meyer. Others Present: City Manager, Kandis Hanson, Acting City Clerk, Bonnie Ritter; City Attorney, John Dean; City Planner, Bruce Chamberlain; Jim Prosser of Ehlers & Associates; Michael Mueller, Lorrie Ham, Michael Piepkorn, Bill and Dorothy Netka. Consent Agenda: All items listed under the Consent Agenda are conSidered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETNG AND PLEDGE OF ALLEGIANCF Mayor Meisel called the meeting to order at 7:35 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA~ WITH ANY AMENDMENTS City Manager Hanson requested to remove item #10 with reference to the fishing dock program and replace it with 10A, proposed watering ban ordinance, along with approval of watering ban. She also requested to add 4A, City Manager's Report. Meyer requested discussion of Item 12M. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA MOTION by Brown, seconded by Hanus to approve the consent agenda. All voted in favor. Motion carried. Ao Approval of Minutes: June 26, 2001 regular meeting; June 27, 2001 speCial meeting at 6:00 p.m.; June 27, 2001 special meeting at 7:00 p.m.; June 28, 201 special meeting. B. Approve payment of claims in the amount of $246,516.43 Pass Ordinance No. 05-2001: Ordinance Amending Sections 260:00 and 260:10 of the City Code Relating to the Economic Development Commission. D. Set date for dedication of Don Scherven Memorial Park for August 11 2001. ' -8424- Mound City Council Minutes July 10, 2001 4. COMMENTS & SUGGESTIONS FROM CITIZENS Michael Mueller of Mueller-Lansing Properties stated that he received a letter from the City Finance Director, informing them that the CBD Parking Program is no longer in effect and expired June 30, 2001. He stated that he found it discerning when the Public Works people recently pounded parking signs into a private parking lot. He feels that the council should reinstate the CBD Program until the development is completed, since the City is utilizing the lot and has signs on private property at this time. He asked who gave the City the right to put signage up on private property if the CBD program is gone. Mayor Meisel informed him that there is a hearing scheduled for October and the program will be retroactive, if that is what is determined. 4A. CITY MANAGER'S REPORT Hanson announced that Sarah Smith has been secured as the Community Development Director and will being the week of July 30th. She comes with years of experience from the City of Watertown and Wayzata. 5. MOUND LIQUOR STORE UPDATE Jim Prosser reported on the status of the liquor store and a need for developing Plan B. The initial plan was to locate the liquor store in the MetroPlains Development. That development has been delayed and as a result there hasn't been any investment in the building design aspects yet. Prosser believes that there is still time to pursue that, and suggests reviewing the status on a month-to-month basis. He feels there is time to allow the MetroPlains issue to be resolved, and this is the best location for the liquor store from a marketing standpoint. Discussions are ongoing with the present landlord for lease extensions. Prosser will include the liquor store in the weekly update that he provides the City. Meyer is concerned that with the MetroPlains case not going, to court until October, a contingency plan should be in place. 6. COOPERATIVE AGREEMENT WITH MINNEHAHA WATERSHED DISTRICT MOTION .by Brown, seconded by Anderson to approve the cooperative agreement with the Minr~ehaha Watershed District, Discussion followed with Hanus stating that the entire ~.nario .has changed since they first looked at it. Variances and minor repairs will take longer if this is adopted. The only advantage to this agreement is if the Council wants to be stricter than the Watershed District, and if not, we're only hurting our residents and spending money unnecessarily. The Mayor stated that it was her understanding from when Dan Parks was before the Council, that only new developme~s and subdivisions would be affected. Hanus stated that this agreement is different than what originally presented. After further discussion, Brown withdrew his motion. MOTION by Brown, seconded by Hanus to table this item until the first meeting in Augur, to get Sara Smith's input on how the City of Wayzata has reacted to this 2 -8425- Mound Ct~¥ Counc, il Minutes July '10, 200'1 agreement. Ayes: Brown, Hanus, Meisel and Anderson. Nayes: Meyer. Motion carried. 7. ACTION ON ORDINANCE AMENDING SECTION 350:505 OF THE CITY CODF RELATING TO ADMINISTRATION 'OF THE ZONING CODE MOTION by Hanus, seconded by Brown to refer this proposed ordinance to the Planning Commission for their review and recommendation. All voted in favor. carried. Motion 8. ETHICS GUIDELINES City Manager Hanson explained that the proposed change is basically deleting the requirement for Boards and Commissions to fill out the Financial Disclosure Statement. Hanus stated that it was his perception that the disclosure was being done away with for elected officials also. Meyer feels that it is important to keep some form of disclosure intact for the Council. He thinks this is a common practice and should the Council should be-measured on a little higher standard than appointed Boards and Commissions members. After further discussion, there was a MOTION by Brown, seconded by Hanus to table this item until the City Attorney can further investigate the legality of gathering the information asked for on the Financial Disclosure Statement. Ayes: Brown, Hanus, Meisel and Meyer. Nayes: Anderson. Motion carried. 9. POLICY ON APPOINTMENTS AND REAPPOINTMENTS TO ADVISORY COMMISSIONS Discussion took place regarding the appointment and reappointment process, including what questions can be asked at candidate interviews. John Dean suggested that Department Heads meet with the Commission members before the interview process, to determine what questions should be asked; and what procedure should be followed. Meyer suggested going back to the procedure that was used before this January 1 The interview process can be coordinated between the Chair and the Department Head, and there is no need for the Council or Legal to get involved. 10. Removed 10A. WATERING BAN City Manager Kandis Hanson informed the council that she and the Public Works Superintendent have determined that with the heat and watering going on, a water ban is needed to stop depletion of the water supply. MOTION by Brown, seconded by Meyer to adopt the following resolution. All voted in favor. Motion carried. 3 -8426- Mound City Council Minutes July 1 O, 2001 RESOLUTION NO. 01-58: RESOLUTION DECLARING WATER SHORTAGE IN THE CITY OF MOUND. Hanson also presented an ordinance to the Council that, because of time constraints, would put authority to declare a water shortage or water pressure emergency into the hands of the City Manager and Public Works Superintendent. MOTION by Meyer, seconded by Hanus to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 04-2001: AN ORDINANCE AMENDING SECTION 610:55 OF THE CITY CODE RELATING TO DECLARATION OF WATER SHORTAGE OR WATER PRESSURE EMERGENCY. 11. DOCK PROGRAM FEES WORKSHOP The Council will hold a dock program fees workshop on July 17, 2001, at 7:00 p.m. 12. INFORMATION/MISCELLANEOUS A. LMC correspondence B. AMM Fax News C. LMCD communications D. Police Department Report: June, 2001 E. Reports: Coordinated pool CBDG Program F. Fire Commission minutes G. FYi: 2001 Elected Officials Salary Survey H. Mediacom newsletter I. Report: 2001 Water Patrol participation J. Report: May, 2001, Recycling Day K, CompSource newsletter by Riley, Dettmann & Kelsey L. Report: 2001 Zoning Activity M, FYi; Request of Refund of Moving Permit Fee Meyer is requesting that the $100 fee for moving the warming house from Haddod Field to Grandview be refunded to the Hockey Association. It was the consensus not to waive this fee, lest a precedent be set. 13. ADJOURNMENT MOTION by Brown, seconded by Hanus to adjourn at 9:05 p.m. Motion carried. All voted in favor. Attest: Ming City Clerk 4 Mayor Pat Meisel -8427- MOUND CITY COUNCIL MINUTES SPECIAL MEETING OF JULY 17, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in special workshop session on Tuesday, July 17, 2001, at 7:00 p.m., at 5341 Maywood Road, in said City. Councilmembers Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mark Hanus, Kim Anderson and Peter Meyer. Others Present: City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; and Parks Director, Jim Fackler. The meeting was called to order at 7:04 p.m. by Mayor Meisel. WORKSHOP ON DOCK PROGRAM FEES Jim Fackler presented a fee schedule with the proposed 100% increase for multiple docks, 50% increase for non-abutters, and 25% for abutters. He also presented projected revenues from dock permits with these increases factored in, along with projected revenues and expenditures. There was discussion regarding the pros and cons of increasing fees with a flat fee increase straight across the board versus a tiered increase. A credit system for the abutters who maintain the lakeshore was also discussed. After lengthy discussion the following issues will be referred to the DoCks and Open Space Advisory Commission for their review and recommendation back to the Council: 1) Should the fees increase on a fiat or tiered basis? (2) Review the content of the Administration budget of the program, (3) Decide if the docks program should be a "for profit" program or just self-sustaining. Also the Commission is asked to consider different approaches within each of the options (i.e., The current rates + the additional cost of the program spread evenly across the board; assess dock fees by the foot; and review the program's budget. ADJOURNMENT MOTION by Meyer, seconded by Anderson to adjourn at 8:55 p.m. Meisel, Anderson and Meyer. Nayes: Brown. Motion carried. Ayes: Hanus, Mayor Pat Meisel Attest: Acting City Clerk -8428- MOUND CITY COUNCIL MINUTES JULY 24, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 24, 2001, at 7:30 p.m. in the Council Chambers at 5341 Maywood Road, in said City. Councilmembers Present: Mayor Pat Meisel, Councilmembers Mark Hanus, Kim Anderson and Peter Meyer. Councilmembers Absent: Bob Brown Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; City Engineer, John Cameron; City Planner Loren Gordon, Public Works Superintendent, Greg Skinner; Finance Director, Gino Businaro; Steve Coddon, Doug Dunser, Welsey Dunser, Bruce Dodds, Bill & Dorothy Netka, Gene & Marilyn Hostetler, Jon & Sue Lynott, Don Jacobsen, Randy Moriarty, Leah Weycker, Ron Helmer, Karen Babler, Carol Lindgren, Wayne & Jackie Davis, Phil & Sharon Baumel, Jason Swensen, Lorrie Ham, Paul Meisel. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll ca//vote. There will be no separate discussion on these items un/ess a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING AND PLEDGE OF ALLEGIANCE Mayor Meisel opened the meeting at 7:33 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA WITH ANY AMENDMENTS citY Manager Hanson added the hearing date of August 14th to item 3F under the Consent Agenda. MOTION by Hanus, seconded by Meyer to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA Hanus requested that D1 and E be removed for discussion. Meyer requested that A, approval of the minutes be removed. Anderson requested that item C be removed for discussion. 1 -8429- Mound City Council Minutes - July 24, 2001 MOTION by Hanus, seconded by Anderson to approve the consent agenda, pulling items A,C,D1 and E. All voted in favor. Motion carried. B. Approve payment of claims in the amount of $224,703.39. D2. Approve Douglas Dunser Variance RESOLUTION NO. 01-59: RESOLUTION TO APPROVE LAKESIDE SETBACK VARIANCE TO REBUILD A RESIDENCE AT 5984 SUNSET ROAD, PART OF LOT 30, MOUND SHORES ADDITION, P & Z CASE #01-24, PID #14-117-24-42-0006. F. Set public hearing for Case No. 01-21, Street Vacation - Kells Lane, for August 14, 2001, at 7:30 p.m: 3A. APPROVAL OF MINUTES MOTION by Meyer, seconded by Anderson to table approval of the July 10, 2001, and July 17, 2001 minutes. All voted in favor. Motion carried. 3C. PHASE I ENVIRONMENTAL SITE ASSESSMENTS FOR CSAH 15 RIGHT-OF WAY ACQUISITION Anderson asked what guarantee there is that only seven other individual reports are needed for environmental assessments. City Engineer Cameron explained that we still require 5-7 separate reports for individual parcels such as the bulk oil plant, the Mueller- Lansing property, the old chiropractic office next to the NSP substation, the SA station, and maybe one or two more. The only properties that we need to be concerned about are the ones where actual road construction will be taking place. MOTION by Hanus, seconded by Meyer to approve the contract for the Phase I Environmental Assessment for CSAH 15 be awarded to STS Consultants, Ltd, in the amount of $7,000, with the option of ordering individual reports as quoted at a price of $650 each. All voted in favor. Motion carried. 3D,1. RANDY MORIARTY MINOR SUBDIVISON AND VARIANCE REQUEST CASE NO. 00-69 AND 00-70. Hanus questioned the wording in the proposed resolution, requesting clarification on the park dedication fee. The resolution should read that only one park dedication fee of $500 shall be paid at the time of building permit. MOTION by Hanus, seconded by Anderson, to adopt the following resolution as recommended by the Planning Commission, as amended regarding the park dedication fees. All voted in favor. Motion carried. RESOLUTION NO. 01-60: RESOLUTION TO APPROVE A MINOR SUBDIVISION AND VARIANCE ON THE PROPERTY LOCATED AT 4536 DENBIGH ROAD, P & Z CASE #00-69 AND 00-70, PID #19-117-23-24-0008, 2 -8430- Mound City Council Minutes - July 24, 2001 3E. APPROVE CASE #00.52; REGISTERED LAND SURVEY: STEVE CODDEN, 5240 LYNWOOD BOULEVARD City Planner, Loren Gordon, explained that the minor subdivision at 5212 Lynwood Blvd, previously approved by Resolution #00-99, contains abstract and torrens property which have different recording procedures. In order to record the torrens portion, a separate registered land survey needs to be approved by the Council. MOTION by Meyer, seconded by Anderson to approve the registered land survey of 5240 Lynwood Boulevard. All voted in favor, Motion carried. 4. COMMENTS & SUGGESTIONS FROM CITIZENS None were offered. PUBLIC HEARINGS R,.H. Development: Langdon Bay Subdivision Case 01-20: Easement Vacation Case 01-23: Street Vacation Loren Gordon reviewed the slope easement vacation that the Planning Commission has recommended for approval. He then reviewed the Butternut Road street vacation, also recommended for approval by the Planning Commission. Mayor Meisel opened the public hearing at 8:03 p.m., and asked for comments from those present. No comments were offered so the public hearing was closed at 8:04 p.m. MOTION by Hanus, seconded by Meyer to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO, 01-61: RESOLUTION APPROVING THE VACATION OF A SLOPE EASEMENT LOCATED ON THE PROPERTY LOCATED AT 1000 ROBIN LANE, P & ZCASE #01-20, PID #14-117-24-33-0001. MOTION by Meyer, seconded by Hanus to adopt the following resolution. Ail voted in favor. Motion carried. RESOLUTIO~N NO, 01-62: RESOLUTION APPROVING A STREET VACATION OF THAT PORTION OF BUTTERNUT ROAD GENERALLY LOCATED EAST OF ROBIN LANE TO ITS EASTERN TERMINOUS. P & Z CASE #01-23. 3 -8431 - Mound City Council Minutes - July 24, 2001 6. FEASIBILITY FOR REMEDIES FOR LANGDON LANE SEWER SYSTEM City Engineer John Cameron presented a feasibility report, with his recommendation being construction of a lift station at the end of Langdon Lane. He suggests that the Metropolitan Council Environmental Services be given time to conduct a thorough study of their system before the City spends upwards of $100,000 to solve a problem that may not be completely their own. Discussion followed regarding the temporary solution of valve installation in the residents' homes. MOTION by Meyer, seconded by Hanus that the City reimburse the Langdon Lane residents for check valve installation upon presentation of receipts, with the amount not to exceed the estimates currently on file with the City Manager. Ayes: Hanus, Meyer. Nayes: Meisel and Anderson. Motion dies. MOTION by Meisel, seconded by Anderson that the City reimburse residents 50% of their cost to install check valves based on the estimates on file with the City and upon presentation of receipts for said installation. Ayes: Meisel, Hanus, Anderson. Nayes: Meyer. Motion carried. 7. LONGPRE BUILDING DEMOLITION MOTION by Hanus, seconded by Meyer to advertise for bids for the demolition and site clearing for the Longpre Building, with bids to be opened on August 22, 2001, at 11:00 a.m., and considered by the Council at their August 28th regular meeting. All voted in favor. Motion carried. 8. NO PARKING ZONES Residents Jon and Sue Lynott expressed concern to the Council over the parking on Manchester and on Stratford. Staff will evaluate these areas. MOTION by Hanus, seconded by Anderson to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-63: RESOLUTION DESIGNATING CERTAIN STREETS OR PORTIONS OF STRETS WITHIN THE CITY OF MOUND AS NO PARKING ZONES Mayor Meisel stepped down and Acting Mayor Hanus presided over the meeting for item #9. 4 -8432- Mound City Council Minutes - July 24, 2001 9. CENTRAL BUSINESS DISTRICT PARKING PROGRAM City Manager Hanson informed the Council that this parking program expired June 30, 2001. She recommended extending this program for another year, with assessment at that time. MOTION by Meyer, seconded by Anderson to extend the CBD Parking Program for another year, to expire June 30, 2002. All voted in favor. Motion carried. A ten minute recess was taken from 9:25 to 9:35 p.m. Mayor Meisel returned to preside over the rest of the meeting. 10. SKATE PARK TASK FORCE REQUESTS Jason Swensen, Mound Police Officer and member of the Skate Park Task Force, presented the selected logo and site plans for the proposed skate park. The Task Force is asking for preliminary approval of the site located at the end of Maywood Road. It was noted that catch basins and storm sewer extensions will be needed in this area to accommodate the skate park. The Task Force is not asking for commitment on those improvements at this time, only site approval. MOTION by Hanus, seconded by Anderson that the city commit the land at the end of Maywood Road for the proposed Skate Park, and move to the next step of investigating costs for the needed drainage improvements. All voted in favor. Motion carried. 11. ISLAND PARK TASK FORCE Three applications were received for positions on the Island Park Task Force as a result of the ad in The Laker. There will be a total of 5-7 members on this task force. MOTION by Hanus, seconded by Meyer to appoint Kenneth Neukircher, Tracy Walstrom and Richard Dissmore to serve on the Island Park Task Force. All voted in favor. Motion carried. City Manager Hanson will contact these appointees. 12. ETHICS GUIDELINES MOTION by Hanus, seconded by Anderson to adopt the ethics guidelines as previously used, but to drop the financial disclosure statement. Discussion followed, with City Attorney John Dean suggesting some things to keep .in mind. He feels that this is an important decision and should be made only when a full Council is present. Also, the other thing to keep in mind is how the Council may be perceived backing out of a disclosure statement, rather than never having one. He also thinks the financial disclosure statement serves a useful purpose, being a blanket statement to counter the innuendos and rumors that Mound tends to produce. Filling out the financial disclosure statement always gives a retort to the public and may impact the general perception of City Government. With Mound being a closed community, Dean feels that it's important 5 -8433- Mound City Council Minutes - July 24, 2001 that the Council commit to this type of disclosure. Councilmember Hanus withdrew his motion. MOTION by Hanus and seconded by Meyer to table this item until a full Council is present. Ali voted in favor. Motion carried. Meyer would also like the Council and Staff to consider a complaint procedure to accompany the Ethics Guidelines. 13. INFORMATION/MISCELLANEOUS A. AMM Fax News B. Auditor's newsletter C. Memo from Department of Revenue D. Ehler's newsletter E. Mediacom correspondence F. State Aids report G. Report on charitable gambling donation H. LMCC communications & report I. Finance Report; June, 2001. 14. ADJOURNMENT MOTION by Meyer, seconded by Anderson to adjourn the meeting at 10:30 p.m. voted in favor. Motion carried. All Attest: Acting City Clerk Mayor Pat Meisel 6 -8434- PAGE 1 P U R C H A S E J 0 U R N A' L ~00~ 06~]7-00 ~62.33 P~PE, HOSE~ ETC. 0~-4280 .0 150.00 BLACK DIRT 73-7300-2340 8/14/01 8/14/01 312.00 JRNL-CD 101 ,!~ ALL SEASONS LANDSCAPE DES! VENDOR TOTAL 3443.00 ~J~AL'S MASTER PLUMBING ' VENDOR TOTAL 103.82 A0270 010628 63 8/14/01 8/14/01 63.85 JRNL-CD 10] i~ 8/14/01 8/14/01 7.15 JRNL-CD 10] ~ AOJ85 07120111 146.40 ICE 71-7100-9550 ~ 04~20409 15~.20 ICE 7~-7100-9550 04Z20g05 g2.40 ~CE 7Z-TZOO-g550 -8435- PAGE 8114/01 8/14/01 45.36 JRNL-CD 101 ~2 8114101 8/14/01 138 nO A0432 010726 34.63 07-01 952-472-0429 HANSON, KAN 01-4040-3220 B0549 21810600 8114101 8114/01 48.50 HISCELLANEOUS 71-7100-9550 10~ 34241300 153 ~ ,,,v 21881100 2,181.90 LI(~UOR 71-7100-9510 BENSHOOF AND AS: 10: 8.50 COFFEE _ _ 8114101 8/14/01 34.00 JRNL-CD O1 4340 41~00 31.66 06-01 GARBAGE PICKUP CMRO120 73-7300-3750 31.67 06-01 GARBAGE PICKUP CMRO120 78-7800-3750 8/14/01 8/14/01 94.99 .JRNI -CD In -8436- BOB WINKLER VENDOR TOTAL ?00.00 i~t BRAUER GROUP, INC. VENDOR TOTAL 3460.00 B0730 22Z0 B8.~6 ~[NU5 (CL5) ~3-~300-~340 BRYAN ROCK PRODUCTS VENDOR TOTAL 177.52 010724-C 813.00 07-01 952-472-3711 01-4140-3220 8/14/01 8114/01 813.00 JRNL-CD 10: s~.~9 o~-o~ 9s~-~-~s~ ~-~oo-s~o 8/~4/0~ 8/14/0~ CITIZENS CO,HUNZC~T~ONS VE N D~ Tg~~ ~ ~,~ 67232289 ~46.72 MIX 7~-7100-~540 8/14/01 -8437- P^GE 4 P U R C H A S E J 0 U R N ^ L I~q C1019 1464 5,370.00 1833 SHOREWOOD RETAINING WALL 0%-4280-4200 C1090 14383 340.80 08-01 COPIER MAINTENANCE 01-4320-3800 i]~ 315.29 07-01 COPIES OVER 0 t~ 8/ 1-4320-3800 I~ C%I~O 0~0724 A 8/~4,0~ 8/%4/0% 22~[.00g ~:~L~gPPED RAMP 0~-4340-23~0 101 CRETE WORKS INC Dl180 010726 D1200 17898 143364 20.00 BEER 2,153.43 BEER 71-7100-9530 71-7100-9530 ~'~ 144235 j~ 36.80 MISCELLANEOUS 71-71nn ~1 8/ 4 ..... --~ . ,,~-~ ....... ~ /O._O.J~8/14/~).j~ z/,~.O- ,~ _ch 145135 33.80 MISCELLANEOUS 7i-7~00-9550 8/14/0]. ~/~4/0] ~-~fl IRNI -Ch -8438- PAGE 5 P U R C H A S E JOURNAL DEM-CON LANDFILL VENDOR TOTAL , 90.00 12~414 2,013.80 BEER 71-7~00-9530 8/14/0i 8/Z4/OZ 2,0~3.80 JRNL-CD ~0~ 122849 239.00 BEER 71-7100-9530 8/14/01 8/14/O1 239.00 JRNL-CD lOl 119808 485.00 BEER KEGS 71-7100-9530 8/14/01 8/14/01 485.00 JRNL-CD 10~ 182117 8/14/01 8/14/01 8/14/01 8/14/01 E@UIPMENT SUPPLY INC DD2690 8/14/01 8/ E1515 2615 8/14/01 8/14/01 876.00 JRNL-CD 132.75 JRNL-CD 1,233.27 SUPER GLUE, ETC. 78-7800-2310 7,525.00 07-01 CURBSIDE RECYCLING 7,525.00 JRNL-CD 70-4270-4200 10 -8439- PAGE 6 P U R C H A S E J O U R N A L Z RECYCLING INC VENDOR TOTAL 7525.00 !i? 20.00 07-11-01 DRUG TEST 7 - - 8/i4/01 8/14/01 70.00 JRNL-CD 8 7800 31 ::::::::::::::::::::::::::: :J~ if:: [ ::: iL" ~ !: F~: :~:!::iii ] !:'::~ ~f~: ~:~.:r!::' ~L ~::'~:~,: :~:i: 27.28 07--10--0i UNIFORMS 78-7800-2240 713219 41.10 07-24-01 MATS 22-4170-2230 ~.t?] 70:858 27.78 07-i7-0i UNIFORMS 0i-4280-2240 13.89 07-17-01 MATS 78-7800-2250 8/14/01 8/14/01 124.99 JRNL-CD 50.11 07-24-01 MATS 8114/01 8114/01 50.11 JRNL-CD i5.22 07-03-01 MATS 727816 8/14/01 81;I. 4/01 41.71 08-07-01 MATS 41 .71 .IRNI -CD 22-4170-2230 tn -8440- PA6E ? P U R C H A S E J 0 U R ~ ^ L 8/14/01 8114/01 25.98 JRNL-CD 101 ~, G & K SERVICES ~ ~ ,V.~,~J, .... .9-,.0..~,~,~. .................... ...~..~.~.-.~-~ ........................ , i~'~i 8006 542.66 W~NDSHIELD 73-7300-3810 ~ G1890 010731-1 28.28 07-01 WATER 01-4020-2200 ~ 28.27 07-01 WATER 0~-4140-4~00 ~ 010731-C 6.93 07-0~ WATER 01-4280-2200 ~i 01073~-D 43.20 07-0~ WATER ~32345800 22-4~70-2200 8/I~/01 8/14/01 ~3.20 JRNL-CD ~0~ 8/14/01 8/14/0~ 386.60 JRNL-CD GRAND, DEB VENDOR TOTAL 23.46 407078 971.01 LI (~UOR 71-7100-9510 8/14/01 8/14/01 971.01 JRNL-CD /,08447 80.78 MISCELLANEOUS 71-7100-9550 8/14/01 8/14/01 80.78 JRNL-CD 10 -8441 - PAGE $ P U R C H A S E J O U R N A L AP-, 409250 434.00 WINE 71-7100-9520 409252 300.74 WINE ?~._7100_9~n 6,8 W~NE 7Z-7~00-9520 45.86 SPADNS, REAGENT 73-7300-2310 8/14/0I 8/14/0i 45.B6 JRNL-CD lO] ~-~ 8/14/01 8/1/*/01 25.00 ~[~ HENN CO TREASURER VENDOR TOTAL 2072.50 ~ HENNEPIN COUNTY PUBLIC WOR ~ENDOR ~A~- H222~ 0~P64373800 3 H2241 O10710-A1 634.50 06-01 GRAMERCY DEVELOPMENT 01-2300-1090 O10710-B 5,042.39 06-01 LOST LAKE GRENWAY 30-5640-3100 8/14/0] 8/]4/01 ~,042.~9 .I~NI-CD 1~ -8442- PAGE 9 P U R C H A S E J 0 U R N A L ~!~'~!~:', ',!i%":'it !!: ~t~ ~': ',: ~[" ¥:"i:)',: i!:~.~'~'i~i~'L!,.!:~":' :: 'i i;:i'iL!~:'!:/"if?;~i;: : ii:?,:i~: i : :?:! .,'.'.: ? ~i 8/14/0Z 8/Z4/0~ Z05.00 JRNL-CD 8/~/0~ 8/~4/0~ 6,~08.72 JRNL CD ~0~ ;~ 4~41197 42.54 SAWHORSE 01-4340-2300 ~*~9- 23984558 ~1.76 07-24-01 THRU 08-24-01 MAINTEN 01-4140-2~ 0 ' - 8/14/01 8/14/01 111.76 JRNL-CD [,~l IKON OFF[CE SOLUTIONS VENDOR TOTAL ~06.~ ~ I2398 523575~4 99.75 07-09-01 THRU 10-08-01 PRINTER 22-4170-2140 I2400 8049 ~14.05 BATTERY 0~-4140-3810 8/14/01 8/~4/01 114.05 JRNL-CD -8443- PAGE 10 P U R C H A $ E J 0 U R N A L AP-CO2-O 40.25 OIL CHANGE, TIRE REPAIR 01-4140-3810 ~-- 15.00 REPAIR FLAT TIRE 01-4140 3810 ......... ~/ 4/o ~ 8409 140.07 FUEL PUMP, ETC 73-7300 3810 !~, ~,~ ~ s/~4/~ 8/14/0~ ~40.07 JR - ' ~ ISLAND PARK SKELLY VENDOR TOTAL 817.56 :~ J2579 i280218 z u. 1282954 1285813 1,937. JOR 8/£4/0Z 8114/01 JOHNSON BROTHERS LIQUOR VENDOR TOTAL 2,080.00 JRNL-CD ],3930.17 10 -8444- 8114101 8/14/01 528.10 JRNL-CD 101 8/14/01 8/14/01 66.00 JRNL-CD ~O1 ~:::~<,: '~:,.'!::!.i"::! :i: :i:-:!:!~~ :::,; ~::: :: ~,~'~:::: !': i:~:L! '::ii:~i,!:~!i::/::;! ::::~ : ::":~ ~!!, :::'i!:!~::!:i~!;~::~;' :~:~!~::.:I 8/14/01 8/14/01 1,286.00 JRNL-CD 101 ~/~4/o~ ~/~/o~ ~7~.oo U~N~-C~ ~OZ 8/14/0Z 8/14101 33.00 JRNL-CD 8/14/01 8/14/01 44.00 JRNL-CD 10] 38564-0 231.00 06- 8/14/01 8/14/01 231.47 JRNL-CD 10: 8/14/01 8/14/01 900.00 JRNL-CD 10: 8/14/01 8/14/01 13,770.57 JRNL-CD 10 -8445- PAGE 12 P U R C H A S E J 0 U R N A L 8114101 8/14/01 1,273.90 JRNL-CD ii_I 38657-G2 1,333.20 06-01 EXECUTIVE 01-4110-3100 i 8/14/01 8/14/01 1,333.20 JRNL-CD 101 ..,]t~i 38657-H2 60.00 06-01 BIEGLER LA~SUIT 01-2300-1127 ~:I-i~ 8/i4/01 8/14/01 60.00 JRNL-CD 101 i~!~"~i 38657-I1 390.00 06-01 CODDON PROFESSIONAL SER 01-2300-1122 ~ 8/14/01 8/14/01 390.00 JRNL-CD 10~ 6.00 06-0i gESTEDGE ~LVD PRO SERVIC 01-4110-3100 8/14/01 8/14/01 96.00 JRNL-CD 10: ~! 38657-I5 298.00 06-01 WATER HISC SERVICES 73-7300-3100 ~ 8/14/01 8/14/01 298.00 JRNL-CD tOi 39657-J1 120.00 06-01 METRO PLAINS DEVELOPMENT 01-2300-1097 8/14/01 8/14/01 120.00 JRNL-CD 10 Gl':, :,:~:: ':' ~' ;:~'i,,.~V::': ;-~,~:~, ! 3865~-j3 8/14/0I 1,290,20 06-01 P/Z MISC SERVICES 0~-4190-n~' ~ 8/14/01 1,290.20 JRNL-CD 2,080.00 ~ESTEDGE BLVD WALL BONDS ~ 8/Z4/OZ 8114101 2,080.00 JRNL-CD ~ 10 010717-C1 8114101 8/14/01 587.28 GENERAL OBLIGATION BOND 587.28 JRNL-CD 01-4110-3100 10 -8446- PAGE i3 P U R C H A S E J 0 U R N A L ~_?::~.,,~,,:'~>:~5~?~i':,;..i~!~77! ?ii: .~i~? i~!~'i ,~ ",: ':,i~¢~,;, ~,'!.~%:;: ?, ,'!';:i: i":.'~'i~!! !TI 010717-C2 1,312.54 GENERAL OBLIGATION BOND 73-7300 0 ~ KESTNER, ALBERT VENDOR TOTAL 75.00 ]~,] L28~1 ~2079 55.7~ BUS~ESS ~ARDS 22-4170-~500 ¢~ LARSON PRINTING & GRAPHICS VENDOR TOTAL 70.76 I~ LE~fiU[ OF MN CITIES INS 1. VENDOR IOTAL 1000.00 l~o~ ................... 134.19 CONCRETE BLADES 01-4340-2310 '~ 8/14/01 8/14/01 1,219.43 JRNL-CD 8/14/01 8/14/01 43.71 JRNL-CD 10: 8/14/01 8114101 107.01 JRNL-CD 5,323064 8114/01 8/14/01 4.17 JRNL-CD 10 25.74 WIRE SET. FTC. 01.c?go-P~lO -8447- PAGE i4 PURCHASE JOURNAL $/14/01 8/14/01 25.74 JRNL-CD 101 LOWELL'S AUTOMOTIVE/ZITCO$ VENDOR TOTAL 248.48 8/14/01 8/14/01 148.80 JRNL-CD lO1 9643 M3030 304946 8/ /01 3,75i.25 BEER 71-7100-9530 310622 8/ 4,372.85 BEER 71-7100-9530 310624 97.50 MISCELLANEOUS ? / 1-7100-9550 ~ 8 ~_4/~ ...... 8/_~4~0~!~. 97 50 JRNL CD U/l~/O1 8/14/01 29,5~1.80 JRNL-CD , :: 8/14/01 8/14/01 883 75 JRNL-CD MINNCOMM PAGING VENDOR TOTAL 1/8.22 -8448- PAGE 15 P U R C H A S E J 0 U R N A L M3246 010814 10.00 12-00 THRU 06-01 BAIL REVIEW 01-4110 0 01-4340-2310 8/14/01 8/14/01 183.76 JRNL-CD 101 PLAYGROUND INC VENDOR TOTAL 6658.96 M3500 010815 8,823.33 08-0I FIRE RELIEF 95-9500-~00 N3708 ~03396~4 38.97 POSTAge METER LABELS 0~-4320-2200 8/~4/0~ 8/~4/0~ 38.97 JRNL-CD ~0~ NEOPOST VENDOR tOTAL 35.90 06-01 ~20 GRADY, DAN 01-4280-3220 35 90 06-01 ~21 HEITZ, FRANK 01-4280-3220 ' 31.82 612-222-6822 SKINNER, GREG 78-7800-3220 85.79 612-221-6812 FACKLER, JIM 01-4340-3220 ..... 11.96 622-221-6822 NELSON, JOYCE 78-7800-3220 57.26 612-221-8385 JAYKO, BRAD 01-~340-3220 NEXTEL COMMUNICATIONS, INC VENDOR TOTAL 911.86 -8449- PAGE 16 P U R C H A S E J 0 U R N A L AP-C02-01 ?..i.!~i~ ,,L~: i i: ~.(:;i~:..: ::/,i., ,~:.'~ i,'~'!~ii~.~ '~:i:?:~: ~'. ~:i:i:/...~ ~i: ~:~ :~:i ::::: '~,:! .:~ :': ~. Ir40 135.65 PARKING SIGNS 01-4280-2360 TI-0069548 TI-00~1641 171.20 SIGNS 01-4~B0-2~60 ' - 80-2310 113.06 AUGER AND BIT 73-7300-2310 ~'~' ~ ' ~ ~ .' :: :~: z :~'~:: ]::J : : :' )'],' : : ii'l: ,':':,~,~:: : · :.~: z ~.:. : N3810 3073209 Z~240.98 METER CURB STOP~ ETC. 74.40 06-0~ LOCATES 78-7800-3~25 ~!!J 8/14/01 8/14/01 165 54 JRNL-CD 1~''t ' 10: ; i:! :;~i~:,: ii' ~ ::..::'~' ~: :;: i P4021 739892 407.49 LIQUOR 71-7100-9510 i'~ 8/14/01 8/1~01 ~ 407.49 JRNL-CD ~ 742003 168.80 WINE 71 7100 ~ 8/ 4 - * ~= 1 /01 8/14/01 16 744189 176.40 WINE 71-7100-9520 -8450- PAGE 17 P U R C H A S E J 0 U R N A L 45378 ~,~24.03 CIGARETTES 7~-7100-9550 46016 993.43 CIGARETTES 71-7100-9550 --~?~ ,~. ~~.~: ~::~ '.', ~, ~ ~ , .. ~ ~.~,~,~%.:~"~:,:~.?,..:~ ~'~ x~: ~.:~: ? '~:"~ ~',:..,'~.': ~:: ~ ~ ::' .~;. :5 ,~: :: ~'. , P4049 95~650 92.75 JULY,AUG~SEPT 2001 PEST CONTRO 8/1~10~ 8114/01 92.15 gRNL-CD 8/14/01 8114101 142.80 JRNL-CD 101 PROTECTION ONE VENDOR TOT AL 285.60 ..........,:?~m~ ............. -~ ...... ~ 013515-00 114.43 MIX 71-7100-9540 8/14/01 8/14/01 114.43 JRNL-CD !0~ ~ ;h~:~:.~:~:~ ¢i~ ~:. ~':~:~:;:: ;~::::i~;~':~; ,:: :: ::::?:: :: :::;~:-~,, ::?/7 075459-00 1~374.37 LIQUOR 8/14/01 8114101 1,374.37 JRNL-CD 10: ~':,~;~:,~: :?~..?~: ~::~::: ::::::::::::::::::::::::: ~'~:'~; :~ ~::f:;:': :~i: ~:::':::: ~:~ :~"~;~::~'~J::~::~:~t~:: :~::::f ::::: :::~:~::?;.~?;;~f::: ~:~/:~:::~:~::f~:~ :.~ ~. :~ :::4~ ::;;)::~: ;~ ::::: :~: ~: ~: :~:: :, :::': );;: ::):~ ::~ ,~~~~ 015588-00 3,718.11 LIeUOR 71-7100-9510 8/14/01 8/14/01 3,7~8.11 JRNL-CD 10: ;;f~ ~ :::]~:?:~d?~: ~'::::h:f:/:~: ~:::~::;::~.::~f~ ,' :~: Si~k)' :~.~:~':,~: ::'::~:~:'f:';]:~ ?'::::~:'~ ~:~ ~'~,:~:: ;: ::':~, ~:;.; :::~'~.: 016036-00 156.39 WINE 71-7700-9520 8/14/07 8/14/01 756.39 JRNL-CD ~0, -8451 - PAGE 18 PURCHASE JOURNAL 018527-00 WINE 4,682.20 LIQUOR 71-7~.00-9520 71-7100-9510 ~1 R2681 R07011100 22.45 AIR AND OXYGEN ~! 22-4170-2200 ~ 8/14/01 8/14/01 22.45 JRNL-CD 101 8/14/01 8114101 114.54 JRNL-CD 101 RECYCLING ASSOCIATION OF M VENDOR TOTAL 65.00 010607 243.00 06-07-01 EE EXAM MURRAY 01-4140-3100 010711-B 24,00 07-11-01 DRUG TEST 01-4280-3140 ....... 8/14/01 8/14/01 . - , ~::<A~. : '::'AO~3~: ~R~ED· :~ ..... "::.~> : ':::: ROBERTS, COLLETTE VENDOR TOTAL 403.35 ..................................................... R4300 010814 213.50 1ST ~TR BILLING 01-~140-4120 -8452- PAGE 19 P U R C H A S E J 0 U R N A L 8/t4/01 8/14/01 213.50 JRNL-CD z01 54.47 WASTE PICKUP 73-7300-2250 78-7800-2250 S4388 37206 4.27 PHOTO PROCESSING 22-4170-2200 8/14/01 8/14/01 4.27 JRNL-CD 101 : ~, ~ i:'.~? i: :' '~i:~::~, t~, 37710 22.37 PHOTO PROCESSING 22-4170-2200 i~ 8/14/01 8/14/01 22.37 JRNL-CD 8114101 8114/01 359.44 JRNL-CD 101 8/14/01 8/14/01 1,030.70 JRNL-CD SOUTHWEST TRAIL ASSOCIATIO VENDOR TOTAL 1325.68 63071 46.59 CARDS SMITH, SARAH 01-4190-2100 8/14/01 8/14/01 46.59 JRNL-CD 10] 63063 18.53 BOUND BOOKS 01-4280-2250 i~ 18.53 BOUND BOOKS 73-7300-2250 i~}~:~, ~}~- ~ ::'*:: <' .::[ :::'~:~}}~~. :,:' ::::~ :7::, ::::.:~:: ~ :: ::::i:Z:':~: ) S4475 86716 222.Z3 MYLAR LABELS 8Z-4350-2200 -8453- PAGE 20 PURCHASE JOURNAL STATE BOARD OF ELECTRICITY VENDOR TOTAL 100.00 8/14/01 8/14/01 592.00 JRNL-CD 78-7800-4200 101 6970 1,758.91 MATERIAL LIFT STATION 78-7800-4200 8/14/01 8/14/01 1,758.91 JRNL-CD 101 6071 2,576 13 LIFT STATION MATERIALS 78 7800 4 · ~ - O0 8/14/01 8/14/01 2,576.13 JRNL-CD 6995-B 102.51 SERVICE GENERATORS 78- - 8/14/01 8/14/01 102.51 JRNL-CD 7800 42~3 10] ~, 8114101 8/14/01 76.57 JRNL-CD 'F.'~ ~623168.8 . '~t S4605 2Z980i 3,5~4.i0 DEMO LONGPRE BUILDING 55-5883-3100 151699 275.09 TIRE AND TUBES 01-4340-3820 8/34/01 8/14101 27~.0~ .I~NI -C~ ~n' -8454- PAGE 21 P U R C H A S E J 0 U R N A L . SURV IVAL: NK VENDOR TOTAL 99.22 T~JSWEEPER SERVICES VENDOR TOTAL 576.73 T4730 520 106.28 06-09-01 AUCTION 570 66.75 07-07-01 BUTTERNUT VACATION 0!-4:90-3510 580 71.50 07-21-01 ORDINANCE ~05-200: 01-4020-3510 THE LAKER VENDOR TOTAL 438.8 8/14/01 8/14/01 3Z2.00 JRNL-CD 10; ~' 233252 25.:0 MISCELLANEOUS 7:-7:00-9550 8/14/01 8/14/01 25.10 JRNL-CD 233994 63.10 MISCELLANEOUS 7~-7100-9550 8/14/01 8/14/01 63.10 JRNL-CD 10 -8455- PAGE 22 P U R C H A S E J 0 U R N A L ~ z~998 1~,118.50 BEER 71-7100-95]0 3,871.70 BEER 7.1.-71~,0 ..... T~780;~543014 ............................ ..... · .,= .....~,~:~:::~.: ........ ]o.7 PHOTO OC SSZN ~ ~ 30.7~ JRNL-CD ~ o TIMBERWALL L~NDS~PING ~VEN~ TO~AL ~ ~ g~_ 8/14101 8/l~/ul ~,541.25 JRNL-CD 10 THB CON~ULTING,~ INC~ VENDOR TOTAL 1541 5 36.~3 STEEL CHOP SAW 78-78 - 8/14/01 8/14/01 109.27 JR NL-CD O0 2250 10 ::::::::::::::::::::::::::::::: TRI-STATE PUMP & 22.46 06-01 MISCELLANEOUS ITEMS 78-7800-2300 78-7800-2200 45.64 06-01 MISCELLANEOUS ITEMS 01-4340-2330 15.96 06-01 MISCELLANEOUS ITEMS 01-4340-2200 ~-~~ .................................... ~-~,~-~-~9-~i-~~_O_US_I 'EMS 01 &'~.n ~1 n 0~08~-B ~0.06 O7-OZ ~[SCELLANEOUS ITEMS OZ-4~80-~ZSO -8456- PAGE 24 P U R C H A S E J 0 U R N A L §/14/01 8/14/01 234.19 JRNL-CD 01 309899-0 ~6.~7 ~H{TE BOARD 308692-0 67.44 INKJET 22-4170-2100 8/14/01 8/14/01 67.44 JRNL-CD 101 309778-0 2.08 MISCELLANEOUS OFFICE SUPPLIES 01-4040-2!00 2.08 MISCELLANEOUS OFFICE SUPPLIES 01-4090-2100 ........ .69 MISCELLANEOUS OFFICE SUPPLIES ~-7100-2~00 ~.0~ MISCELLANEOUS OFF,CE SUPPLIES 73-7300-2~00 3096~8-0 14.~2 MISCELLANEOUS OFFICE SUPPLIES 01-4040-2100 4.7Z MISCELLANEOUS OFFICE SUPPLIES 01-4280-2100 4.7% MISCELLANEOUS OFFICE SUPPLIES 71-7100-2100 7 7.33 MISCELLANEOUS OFFICE SUPPLIES 01-4040-2100 2.44 MISCELLANEOUS OFFICE SUPPLIES 01-4280-2100 2.44 MISCELLANEOUS OFFICE SUPPLIES 71-7100-2100 T~[N C[TY OFF[CE SUPPLY CO VENDOR TOTAL ~Z84.8~ U5050 84961 27.85 HAT RANDR ??-z. 1 -8457- PAGE 25 P U R C H A S E J 0 U R N A L 8/Z4/01 8/1;/01 27.85 JRNL-CD 101 8/14/01 8/14/0Z ~0.51 JRNL-CD ~0~ 154303-8 8/[4/01 8/14/01 ~"~'~ gO.g0 JRNL-CD 154 304 .................... . ...................................... ~ LI~UOB STORE BOND 2~1A - :::::::::::::::::::::::::: ~:: c.:~: ~ '!:~ 8/14/01 8/14/01 189.58 JRNL-CD 101 42.60 RETIREMENT WATCH HENKE, JERRY 78-Z800-4200 8/14/01 8/14/01 127 80 JRNL-CD 110.05 08-01 CLEANING ........................................................ ..... 01-4280-4200 110.05 08-01 CLEANING 73-7300-4200 ~5690 43406 8/ ~ 6~.62 07-~8-0~ BLACKTOP 43879 2,635.02 07-24-01 BLACKTOP 27-5800-2340 44197 1,488.00 07-26-01 BLACKTOP 27- ...... ~ _ ~4/01 8/!4/0_~ __~1__~ nn ,o~n _r~ 5800-2340 ::~::~'~, ~ :~: '::~:: ? ~ :: :': ::~: : c:,:.: ::: :~: ~: :::~: ~ ?~ ::::: :?::: ~:~:~::' ~ :.:~ :~: ~; ::'::: ~:;'~: ? :: ::,~:/:'5'~ :' ::' :Z:57:: .T::: :~;~ :' :.; 4442 450.64 07-31-01 BLACKTOP 27-5800-2340 8/14/01 8/14/01 450.64 .JRNI -CD I n~ -8458- PAGE 26 P U 7 [:i i:'~': i' L;¢i'.'~ ~,~i ::?;: ~1 PIONEER RIM AND WHEEL COM~ VENDOR TOTAL 46.97 I:;~ GODDARD, DEREK VENDOR TOTAL 37.50 ~ UNITED PROPERTIES INVESTHE VENDOR TOTAL ~87.00 J~l-~J SOHNIS, TIN VENDOR TOTAL Z6982 010814 25.00 REFUND FENCE PERMIT FEE 01-3251-0000 Z6983 010806 30.00 REFUND SHARE FEE 7.50 REFUND LMCD FEE 8i-3260-0000 81-3200-0000 TOTAL ALL VENDORS 298,549.67 -8459- CITY OF MOUND RESOLUTION NO... A RESOLUTION NAMING DON SCHERVEN MEMORIAL PARK WHEREAS, the City Council has received a request from some of the citizens of Mound to rename Pembroke Park; and WHEREAS, Donald A. "Don" Scherven Sr. was a lifelong Mound resident for all of his 71+ years, living directly across from Pembroke Park where his family operated the Island Park grocery and where his descendents still reside; and WHEREAS, Don Scherven was a Mound High School Graduate and served our Country in the Navy during the Korean War; and WHEREAS, Don Scherven was involved in this community for many years as a charter member of the Northwest Tonka Lions Club, a vital supporter of the Upper Tonka Little League and a member of the American Legion and VFW; and WHEREAS, it is the intention of the City Council to express their pride in Don Sherven's accompl,ishments and dedication to the community; NOW, THEREFORE BE IT RESOLVED, that the park known as Pembroke Park shall hereafter be known as Don Scherven Memorial Park. Adopted by the City Council this 14th day of August, 2001. Attest: Acting City Clerk Mayor Pat Meisel -8460- 5341 Maywood Road Mound, MN 55364 0s2) 472-~1~0 Staff Report To: From: Date: Cc: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director~M----- 8/9/2001 City Attomey John Dean, City Engineer John Cameron, City Building Official Jo n Sutherland, Kelly Boprey, MFRA and Tim Becker Notice of Wetlands Conservation Act Decision - Request for Extension Regarding No Net Loss Determination and/or Exemption for Lots 5-8, Block 4, Harrison Shores Development (Becker) Sommary Tim Becket (on behalf himself and Dale and LoreH Becker) has submitted a written request for an extension regarding the City's decision regarding the "no net loss" determination and/or exemption pursuant to the 1991 Wetlands Conservation Act for the property legally described as Lots 5-8, Block 4, Harrison Shores. As the City Council may be aware, the current extension previously requested by the Beckets expires on August 24, 2001. According to attached letter dated July 31, 2001, the applicant is requesting and hereby agreeing to an additional extension until January 24, 2002 regarding the City's decision regarding this matter. For your review and information, the following supplemental information has been included: · Letter from Tim Becker dated July 31, 2001 · Letter from Tim Becker dated May 16, 2001 · May 22, 2001 City Council Meeting Minute Excerpts · Memorandum from City Attorney John Dean dated February 23, 2001 · February 27, 2001 City Council Meeting Minute Excerpts · Staff Report dated February 13, 2001 Recommendation City staff recommends that the City Council approve the request from Tim Becker to extend the timeframe for the City's decision regarding the "no net loss" determination and/or exemption until Januav/24, 2002. -8461 - 87/31/2881 15:39 7152325884 UWSTOUT PAGE 82 luly 31, 2001 KandisHanson Mound CityManager. 5341Maywood Road Mound, MN 55364 Re: Applicati°n for No-loss determination Dear Ms. Hanson: This letter is to confirm a conversation with Loren Gordon and yourself on Tuesday, July 31,200I, wherein it was agreed by me and on behalf of Dale and Lorell Becker that we would agree to a further extension of the time within which the City Council is to render a decision on the above referenced matter. We are in the process of completing our development plans .and will be meeting with the City for permit approvals in the near future. It is our intent to use our lots in the same manner approved by the City of Mound when the comprehensive plan established our 'lots and zoned them as R-1 for single family homes. We wilI work w/th the City Planner and Community Development Director to determine if we should keep the R-I zoning or rezone the lots for R-lA. The City of Mound established the R-1A.2oning for single family homes on substandard lots. Ekher option should allow us to construct homes comparable to those in our neighborhood. By this letter we are consenting to an extension of time emending to January 24, 2002. We look forward to working with you and having Mound City staffguide us through the permitting process. Sincerely, Tim Becker CC: Dale and Lorell Becker -8462- 05x16xO1 14:27 SIT U~ STOUT-MEN ~! ~ 81952472B620 N0.965 PO~ May 16, 200I F, andm Mound City Manager $341 Maywood Road Mound~ MN 55364 Re: Applicat/on tor No-loss Dear Ms, Hanson: This l,~ter is to coafirm a conversation with Lorcn Oordon on Wed May 16, 2001, whcr¢ixt it was agr,e,d by mc and on behalf of Dale and Lorell Becket that wc wo~ld agree to a furt~r c~ctcnsion of thc tune wltllln which Rte City Coutmtl ~ to rentier a d~.cmon on thc al>ovc rc/~rcnce~_ matter. By this letter wc am cons~_ fi-g to an extcnslon for this period bcEri~'nning May 22, 2001 and ¢~eading to August 24, 2001. Sino©r,ly, Tun itecKcr -8463- The City Council of the City of Mound, Hennepin ~nnesota, met ~n regular session on:Tuesday, May 22, 2001, at 7:30 p.m. in the council chambers at 5341 .Maywood Road, in said City. ~ Councilmembers PreSent: Mayor Meisel, Counciimembers Bob Brown, Mark Hanus,. Kim Anderson and Peter Meyer. Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; Acting City Clerk, Bonnie 'Ritter; City Engineer, john Cameron; City Planners Loren Gordon and Bruce Chamberlain; Parks Director, Jim Fackler; Bob Lindahl;' Mike Conlan of Gramercy; Steve McDonald; Bill and Dorothy Nef~ka~ Ken Berres, Bob Polston, Lorde Ham, Jo Longpre, Bruce and Patti Dodds, Rhonda Eudch, Christine Valerius, Mike Mueller, Phil lansing, Paula Larson, Sally Custer, Sharon & Phil Baumel, Jackie and Wayne Davis, Lisa martin, John Babler, Dale and Becky Simon, Karl Weisenborn, - Byron and Gloria Petersen, Keith Brown, Rick and Susan BloomqUist, Jeff Hanratty, Robert and Elsie Beadle, Peter Johnson, Michael Gardner, Susan Gardner, Carol Lindgren. Consent Agenda: A// items /isted under the Consent Agenda are considered to be routine in nature by the Council and wi//be enacted by a ro// ca// vote. There wi//be no separate discussion on these items un/ess a Counci/member or citizen so requests, in which event the item wi//be removed from the Consent Agenda and considered in norrna/ sequence.. 1, OPEN MEETING AND,PLEDGE OF ALLEGIANCE Mayor Meisel called the meeting to order at 7:38 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA City Manager Kandis Hanson requested that item 5 be removed from the agenda at the request of the applicant, and that item 5a, MetroPlains Cell Tower, be added. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted MOTION by Brown, seconded by Anderson to approve the consent agenda. All voted ~ in favor. Motion carried. A. Approval of minutes: May 8, 2001. k,,. B; APProve payment of claims in the amount of $159,914.48 "'"'1 C..ApProve LiCenses and Permits - contingent upon all required for. rtms,~ / 'nsur~'7.c~ and fees' etc' being submitted: -8464- Mound City Council Minutes - May 22, 2001 (2) Fire (3) City (4) Department City Employee Recognition Event Temporary On-Sale 3.2 Beer Temporary one-day Set-ups Days Permits Carnival, Craft Show & Concessions, Fireworks, Public Gathering, Parade, Dance, On-Sale 3.2 Beer (for dance at . ' Pond Arena & music at Mound Bay Park), Set-ups, Live Musical Concert. Liquor License Renewals Club On-Sale: VFW Post 5113 and American Legion Sunday Sales: VFVV Post 5113 and American Legion On-Sale Wine: Al & Alma's Supper Club and House of Moy 3.2 Beer On-Sale: Al & Alma's and House of Moy Off-Sale 3.2 Beer: By the Way Snack Shop, Mainstreet Market, PDQ Food Store, and SuperAmerica D. Planning Commission Recommendations: RESOLUTION NO. 01-45: RESOLUTION TO APPROVE A SIDEYARD SETBACK FOR THE PROPERTY LOCATED AT 4711 CUMBERLAND ROAD, P & Z CASE #01-14. RESOLUTION NO. 01-46:'RESOLUTION TO APPROVE A STREET SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 4525 DENBIGH ROAD, P & Z CASE #01-15. 3. RESOLUTION NO. 01-47: RESOLUTION TO APPROVE A HARDCOVER VARIANCE FOR THE PROPERTY LOCATED AT 4. COMMENTS FROM' CITi~ ' ' Residents from Langdon Lane addressed the Council regarding sewer back-up that occurred on April 24. After discussion it was decided that after input is received from - the adjusters, the Council, Metro Waste Commission and residents sit down and resolve this issue. Sa. METROPLAINS CELL TOWER Loren Gordon informed the Council that Owest and MetroPlains have agreed on a location for the cell tower. One of the issues with this location is the setback from the property line of parcel 11, which would need to be addressed through the variance process. MetroPlains has indicated that they will be submitted a variance application. 2 -8465- H. RESOLUTION NO. 01-24: RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING SIDE YARD SETBACK FOR PURPOSES OF CONSTRUCTING AN ADDITION O1 THE PROPERTY LOCATED AT -- DENBIGH ROAD, PID #19-117-23 0001. P & Z CASE #01,07. BDG Funding for WECAN Meisel expressed her wish to see the budget of WECAN will provide the budget consi( MOTION further bud these funds. ~rther Brown, seconded by nformation is received. continue this item until ayes. J. Quisi-public sign ;rmit for Uppe Little League K. RESOLUTION NO. DESIGNATING BONNIE RITTER AS ACTING CITY CLERK 4. COMMENTS AND SUGGE .'ROM CITIZENS Andrea Ahrens came ~at if she were still on the Council she would have pulled item the consent a ida - approval for the Bass Tournament, She no other city in the ,~a will allow these tournaments, and that's the reas( come to Mound. Th )ark is taken away from the rest of the public for event, and there isn't even charged. She was informed that Bass Tournament has donated ~ for the parks and the stipulati°n that they are responsible for all an-up and restoration of the park original condition, and a January 24th rest on adopted a fee of $150 use of similar type. 5. PARK PROJECT · ek Hostetler and Dylan Wilbur represented the youth from the sk force g on location for a skate park. They reviewed the pros and s of different locations with the Council. Jason Swensen, Mound Police and member of the taSk force, also reviewed some options with the Council. the consensus of the Council that City staff work on possible locations with'"~e task force. MeYer stated that he has been attending task force meetings and~ Brown indicated that he would be willing to get involved also. ~ 6. WETLANDS CONSERVATION ACT NO-LOSS REQUEST (BECKER) % City Attorney Dean reviewed the last action of the Council, being the suggestion that the Becker reps and City reps get together to see if a compromise could be reached. Since that meeting, extensive discussions along those lines have -8466- Mound City Council Minutes - February 27, 2001 resulted. There is a strong potential that a resolution can be reached, but there is nothing in writing for consideration tonight. Dean continued by stating that the joint recommendation is that the matter be continued to90 days (May 22n~ Council meeting),and between now and then all unresolved issues will be resolved.. He,added .that the Beckers provided another waiver of the 60-day rule, and that the City can automatically extend 60 days without further notice, and after that date can extend with mutual consent, to any date in the future. 7. ORDINANCE RELATING TO SEWER CHARGES inance Director Businaro reviewed the proposed change, stating that now' based on winter usage and the change would allow rates to be based usage. It was stated that the City Manager have the authority to some situations and make determination as to what is cost a acceptable option. at and MOTION ayes, ~er, seconded by Brown to adopt the followin ance. All ORDINANCE NO. ~01: AN ORDINANCE AME! SECTION 540 OF THE MOUND CITY RELATING TO SEWER AND WATER CHARGES AND FEES. SALE 'I-PHOSPHOROUS LAWN 3cil that within 1-3 years the City will be ~ale and use of phosphorous lawn the Watershed District. Mayor Meisel :hat as well as the businesses Jcated action is taken. Councilmembers stated o that the Council should go ahead 8. RESTRICTION ON US! FERTILIZERS City Manager Hanson informed asked to adopt an ordinance as to fertilizers with the City, as prom and Councilmember Brown selling fertilizers, need to Meyer and Anderson, h and act on this now. MOTION by seconded by Meisel, to table t~s...matter until more information car obtained, such as the affect on bushy.ess people, etc., and this information c~ then be presented at the next Council m~,ting. Meyer stated that the faF,~ are in front of them, and wants to move forwai~l,.now. He feelS the Council,s/micro-managing when they Should be visioning. He"a..dded that neigh~;)dring cities, as Shorewood and Excelsior have already pa"ss,.ed this re so~tion. Anderson added that she would agree to .wait for _t~,.o w'e~.k.s., but not a i';dll year. Those voting in favor:. Brown, Meisel, Anderson. Those vb~g ~lainst: Meyer. Motion carried. '~ 9. RECOMMENDATioN BY PLANNING COMMISSION FOR APPOINTMENt. TO FILL VACANCY -8467- MEMORANDUM TO: THE CITY COUNCIL FROM: JOHN DEAN DATE: MOUND/BECKERS - MH200-86 February 23, 2001 As a follow up to the City Council meeting of February 13, 2001, further discussions have been held between City Staff, 'the TEP panel, and Peterson EnVironmental Consulting (Peterson) on behalf of the Beckers. It appears significant progress has been made toward agreement on a revised wetland delineation line. The options under consideration at this time appear to be the following: 1. Agreement. Agreement on a specific wetland delineation line, subject to survey, that could be the basis for preparation of proposed development plans by the Beckers. Based on such agreement, the Beckers would withdraw the requests for a no-loss determination and exemption. Such an agreement would not obligate the City to approve any particular development plans, approve variances, or take any other specific actions. Also, such agreement would not address the need for additional permits or approvals from other agencies, such as the Minnehaha Creek Watershed District. 2. Extension. Pending further discussions of a possible agreement, continue the matter for a specific period of time, say 30 days, provided that the Beckers expressly agree to a further extension of any applicable 60-day period. 3. Denials. If it appears that it will not be possible to reach ma agreement, the City Council will proceed with consideration of a resolution adopting findings to deny requests by Beckers for no-loss determination and/or exemption under the Wetland Conservation Act. We expect to be able to present this matter in more detail to the City Council on February 27th. JML-193846vl MU200-86 -8468- CITY OF MOUND 5341 MAYWOOD ROI MOUND, MN 55364-16~, PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com STAFF REPORT. DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO.: LOCATION: City Council Agenda of February 13, 2001 City Council, Applicant, and Staff n Sutherland, Building Official Kelly Bopray, lVIFRA, LPSS, John M. LeFevre, Kennedy & Graven Requests from l'eterson Environmental for the City Council to review the Staff Wetland Conservation Act (WCA) No Loss and Exemption Decisions ~Peterson Environmental/CO The Beckets 1355 Mendota Heights Road, Suite 100 Mendota Heights, Minnesota 55120-1112 01-09 Lots 5-8, Block 4 of Harrison Shores Development The current requests under the Wetland Conservation Act (WCA) on behalf of the Beckets were made August 8, 2000, by Peterson Environmental. The requests were for either: (a) "no-loss" determination; or, Co) exemption under the WCA. The effect of granting the request would be to allow Beckets to develop their property without the need to comply with the WCA requirements to accurately delineate the location of wetland and show that wetland impacts would not occur or to provide for replacement of any wetland impacted by development. The August $ request was accompanied by a detailed report by Peterson Environmental. Peterson's argument was that jurisdictional wetlands were not involved because the Becker property had been substantially disturbed and filled by previous development in the area dating 'back to 1961, and that there were not clear indications of wetland. When technical wetland issues are involved in an application to the City, the City may convene the Technical Evaluation Panel (TEP) to consider such issues and make recommendations to the City. In considering this request, the City convened the TEP panel, consisting of Doug Snyder of BWSR, Dave Thill of HCD and Jon Suthefland of the City. The TEP panel has visited the site several times in recent years. The TEP panel met with Peterson and considered the Peterson submissions and held discussions with its consultant, Kelly Bopray of MFRA, Joe Yanta of Corps of Engineers, Wayne Barsted of MnDNR, and other staff members of BWSR. After deliberations, the TEP issued its recommendation on October 10, 2000, which was to deny the request for a no- loss determination or exemption. After Peterson asked the TEP to reconsider its October 10 report, the TEP on October 23, 2000, issued a clarification letter, explaining that if additional relevant information was submitted, the issue might be reconsidered by the TEP. Copies of TEP reports are attached. On November 7, 2000, City staff issued its Notice of WCA Decision, accepting the TEP recommendation to deny the requests for no-loss determination or exemption (copy attached). When Beckers requested an opportunity to make a presentation to City Council, City staff agreed to withdraw its Notice of Decision so that the matter could be considered by the Council. A copy of a letter from John M. LeFevre, Jr., to Ron Peterson dated November 22, 2000, along with Peterson's responses dated December 5 and December 12, 2000, and John Dean's letter to Peterson (counter signed), dated January 18t~, 2000, are attached. On behalf of Beckets, Peterson submitted to the Council members its letter of December 21, 2000, outlining its points in objecting to the TEP recommendations and in arguing in favor of a no- loss determination or exemption under the WCA. No-Loss Determination. In order to show they are entitled to a no-loss determination under the WCA, Beckets must show that the work they propose will not drain or fill a wetland. WCA Rules 8420.0220. Beckers contend that the development of their property will not affect a wetland because their property does not contain a wetland under applicable definitions. Exemption Request. In order to show they are entitled to the requested WCA exemption, Beckers must show that although wetland is present on the property, it was created solely as a result of actions by public or private entities that were taken for a purpose other than creating the wetland. WCA Rules 8420.0122, subp. 5. The TEP recommendations, and the proposed staff decisions, were that Beckers had not met these requirements for either a no-loss determination or an exemption. Based on the documentation reviewed by the TEP, the TEP panel concluded that wetland existed on the site, but that Beckets had not adequately demonstrated the extent of the wetland or the extent of the proposed project. These conclusions are set forth in the November 7, 2000 Notice of Decision with attachments. Previous Action by City Council. The wetland issues on the Becket property have been before the Council before. During 1998, Beckets applied for a permit to fill and grade their property for purposes of development. The permit was denied by City staff, after consideration by the 'rEP panel, on grounds that wetlands existed on the property which had not been adequately delineated. When Beckers appealed the staff decision to the Council, the Council appointed an independent heating officer to hear the evidence and make recommendations to the Council. The 2 -8470- hearing oi~cer, in detailed recommendations, found that wetlands were present on the site which had not been properly delineated..The Council adopted the findings and affirmed the staff permit denial, but offered the opportunity to Beckets to continue to monitor water levels on the property and to submit additional data or a revised wetland delineation to the TEP if appropriate. The TEP met with Becker's former consultant (BARR Engineering) in the summer of 1999, agreed on a revised wetland boundary, however, the surveyed wetland boundary was never provided to the City or TEP. Format. The format for consideration of these issues will be as follows: a. John M. LeFevre of Kennedy & Graven will introduce the issues and summarize the background; b. Kon Peterson of Peterson Environmental will lead the presentation for the Beckets; c. City staff and consultant, Kelly Bopray, will explain the basis 'for the TI~P reports; d. Council will decide how it wishes to proceed. It may, for example, request proposed findings from both sides; and, e. Council will consider final decision at its meeting on February 27, 2001. Options for Council to Consider: 1. Affirm staff determinations, based on TEP recommendations, to deny requests for a no-loss determination and exemption. 2. Reverse staff determinations and grant requests for either a no-loss determination, or exemption, or both. 3 -8471 - CITY OF MOUND RESOLUTION NO. A RESOLUTION TO APPROVE A REQUEST TO REMOVE A STREET LIGHT AT THE END OF CANARY LANE - 1700 BLOCK OF CANARY LAN E WHEREAS, a petition was received on October 18, 2000, to install a street light at the end of Canary Lane to provide safe access to the commons during evening hours; and WHEREAS, Resolution No. 00-108 was adopted on October 24, 2000, to install said street light; and WHEREAS, the City has now received a request from six of the original nine residents who requested the installation, to have said street light removed; NOW, THEREFORE BE IT RESOLVED to authorize removal the street light located at the end of Canary Lane (in the 1700 block) and direct the Public Works Department to remove same. Adopted by the City Council this day of ,2001. Attest: Acting City Clerk Mayor Pat Meisel -8472- -8473- I~ETITION FOR WIOTA COMMONS STAIRWAY TO: MOUND DCCK AND COMMONS ADVISORY COlVIMISSION FROM: RESIDENTS OF 1700 BLOCK OF CANARY LANE SUBJECT: WIOTA COMMONS STAIRWAY AND SECLrRITY LIGHTING DATE: 10/18/2000 CC: CITY OF MOUND We, the residents of the 1700 Block of Canary Lane in the Dreamwood Addition o£ Mound, hereby petition the Mound Dock and Commons Advisory Commission for the following: [1] Replace the commons stairway that was removed in early July, t999 with an upgraded and safe stairway in which to access our commons docks from Canary Im'le; [2] Install a street lamp at the end of Canary Lane to provide a safe access to the commons during evening hours. -8474- Z-~ -8475- Metropolitan Council Improve regional competitiveness in a global economy DATE: TO: FROM: SUBJECT: August 3, 2001 '~ City Managers and Administrators Elizabeth J. Ryan, Director of I-Iouging & Livable Communities Certification of 2001 ALHOA (Expenditures in 2002) Thank you for your participation in the 2001 Metropolitan Livable Communities Act (LCA) Local Housing Incentives Account. Your community's commitment and involvement has contributed to the region's overall economic competitiveness and its tangible progress in providing affordable and life- cycle housing for metro area residents. Looking ahead to 2002, the Metropolitan Council seeks your community's renewed participation and continued cooperation in Livable Communities efforts. As part of the LCA legislation, the Council provides to each community on an annual basis an "Affordable and Life-cycle Housing Opportunities Amount (ALHOA)". The ALHOA is the minimum amount of local discretionary expenditures to assist the development or preservation of affordable and life-cycle housing. It is not a grant from the LCA. The ALHOA is derived from the formula prescribed in law including market value, tax capacity and tax rates by the county assessor. In order to continue to participate in the program, communities must expend at least 85 percent of their ALHOA obligation for that year. Communities have some flexibility in determining which local expenditures fulfill the ALHOA contribution. Examples include local dollars contributed to housing assistance, development or rehabilitation efforts, local housing inspection and code enforcement, or local taxes to support a local or. county HRA. Incentives for your community's renewed participation include access to approximately $15 million for housing development, clean-up of polluted sites for business and housing development, and mixed-use and mixed-income development. Also, your community's ALHOA expenditure will be reported in the Council's Annual Housing Report Card required by the LCA. Your community's intent to participate in the 2002 LCA Local Housing Incentives Program is needed by Nov. 15. To help you in verifying your community's continued participation, a model resolution is enclosed. Planning assistance for staff or information presentations for elected officials are available by contacting your sector representative (see below). Questions about the ALHOA can be referred to Guy Peterson at 651/602-1418. We look forward to continuing our mutual commitment to affordable and life-cycle housing. Thank you for your consideration. Sector Representatives: Anoka and Ramsey Counties Dakota and Washington Counties Scott and Carver Counties Hennepin County Sandra Pinel Michael King Tom Caswell Phyllis Hanson 651-602-1513 651-602-1438 651-602-1319 651/602-1566 V:~LIBRARY~COMM'OND~ON'~2001 ~050'101ALHOA ~ to new pan.doe www. metrocouncil.org Metro Info Line 602~1888 230 East Fifth Street * St. Paul, Minnesota 55101-1626 * (651) 602-1000 * Fax 602-1550 * TrY 291-0904 '~" ~'~- 8476- ~m~,o~ MODEL RESOLUTION RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2002 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Met?opolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WttEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WFIEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and WI~REAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 2002, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 2001, can continue to participate undey Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program by November 15, 2001; and (b) the Metropolitan Council and the municipality have' successfully negotiated affordable and life-cycle housing goals for the municipality: NOW, ~REFORE, BE IT RESOLVED THAT the {specific municipality} hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2002. By:. By:. Mayor Clerk \~VIETC._FS2~DATA\USERS~SHARED~LIBRARY~X)MMUND'v~PETERSONV200 I~.~A eom part res Ol.doc -8477- EXPLANATION OF AFFORDABLE LIFE-CYCLE HOUSING OPPORTUNITIES FOR THE YEAR 2001 Simply stated, here's how we determined your community's ALHOA for 2000 that is to be expended in 2001. First, we determined the average market value of your city's houses in 1995, doubled it to arrive at a base value. We then found all of the 1995 high priced houses that were above this base amount and subtracted the base value from each of those high priced houses to arrive at an excess value number for each house. Next we added up all of those high priced house's excess values to arrive at the total base year excess number. This 1995 number doesn't change. We did the same for the current year, this time using the current market values for the houses and the current base value using the Consumer Price Index change according to the requirements of the legislation. If the current year's excess is bigger than the 1995 excess, we subtracted the 1995 excess from the current year's total excess to arrive at the Growth in Excess. We multiplied that Growth in Excess times your city's tax rate. This is the Affordable and Life Cycle Housing Opportunities Amount for this year. This means that if there is no growth in the total excess from 1995, then there is no Opportunities amount. Definitions: HOMESTEAD A homestead is defined as property regularly "homesteaded" by its owners. For farm homes, it represents the assessment of the farm house, a garage and one acre of land only. CONSUMER PRICE INDEX (CPI) The Consumer Price Index measures the inflation factor in the U.S. economy. The Department of the Interior publishes this rate monthly along with a yearly average. For this program, the yearly average CPI is used. To ensure that this base value does not lose its meaning in future years the base value is increased by the CPI each year. This increased value approximately represents the effect of inflation on the market value of houses in your city. By changing the base value every year, the houses that were not included in the first base year calculation should not be included in future'years just because the market value has increased due to inflation. Refer to attached sample city printout for assistance -8478- Column A Anytown This is the name of your city Column B 2500,000 This is the 2000 value used for identifying homesteads in your city that were above this hurdle number. This hurdle number was the result of multiplying the base value (see above for the definition of the base value) times the CPI change from 1995 to 2000 Column C 255,736 This is the 2001 value used for identifying homesteads in your city that were above this hurdle number. It is exactly like Column B, except the CPI change is now from 1995 to 2001. Column D, 200,000 This is the 1995 sum of all houses having values above the base value. It represents only those houses that were above the base value, and reflects only the amount left over after subtracting the base value from each house valuation. For example: If a high priced house had a value of $ 240,000 and the base value for the city was $ 235,000, then that high priced house had an excess of 5,000 (240,000 - 235,000 = 5,000). This original amount does not change. This original figure is used as the basis to determine if you city has had any growth in high priced homes since 1995. Column E. 250,000 This is the 2000 sum of the high priced homes having values above the current hurdle rate found in Column C. Like Column D, it represents only the excess amounts not the entire home value. Column F 50,000 Quite simply this is Column E minus Column D. If your city has added higher priced homes since 1995 you should have a balance in this column. If you city has not seen an increase in the higher priced homes since 1995 there should be no balance in this column. There is no negative balance in this column. All negative values become zero. This number is the basis for all subseque.nt calculations on this form. Column G 12,500.00 This number is your increased growth in higher priced homes (Column F) multiplied by you city's local tax rate (Column K). It represents the extra property taxes received by your city on the higher priced homes identified in Column E. -8479- Column H 230,000 This number is the total of all homestead property tax capacity (not market value of the properties) in your city times 4%. The number is calculated and supplied by your County Auditor. Why 4%? Since all higher priced homes will have a value above $72,000, then their tax capacity would be at 2%. However, since the program doubles the market value to arrive at the base value, then the tax capacity on the homestead tax capacity should also be doubled or 4% (2% x 2 = 4%). Column I 57,500.00 This number is the result of multiplying the 4% Homestead Tax Capacity (Column H) times your city's local tax rate (Column K). Column J 12,500.00 This column is the lower of Column G or Column I. Simply stated it represents the calculated extra property taxes your city receives from these higher priced houses. In some cases these extra property taxes may be the 4% Homestead Tax Capacity number (Column J) rather than the Excess Growth number (Column G). In those instances, the growth of high priced homes is faster that 4% of the net tax capacity for the city. Column K 25.000 % This is your city's local tax rate for 2001 as certified by your County Auditor. Column L 12,500.00 This is the same as Column Opportunities Amount for 2001. J. It represents the Affordable Life-Cycle Housing ColumnM 125 This is the actual number of higher priced homes that had values above the 2000 hurdle rate. ColumnN 150 This is the actual number of higher priced homes that had values above the hurdle rate for 2001. -8480- -8481 - RESOLUTION #01- RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR MR. BOB CARLSON AT 4991 BRIGHTON BLVD. LOT 7 & PT of 8, WYCHWOOD BLOCK 38 DOCK SITE # 51850 WHEREAS, the applicant, is seeking a Public Lands Permit to inStall a retaining wall extension on the commons; and, WHEREAS, City Code Section 320, requires City Council approval by a majority vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons; and, WHEREAS, the subject retaining wall as modified by the applicant, resolves the steep slope/grading issues for the applicant and also reduces the erosion potential; and, WHEREAS, the Dock and Commons Commission reviewed this request and recommend approval by a unanimous vote; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: To approve a Construction on Public Lands Permit to construct the subject upon the following conditions: Approve the issuance of a Public Lands Permit subject to an agreement to be prepared by the City Attorney regarding maintenance and that includes a hold harmless agreement. The foregoing resolution was moved by Council member Council member seconded the resolution. and The following Council members voted in the affirmative: The following Council members voted in the negative: Mayor Attest: City Clerk -8482- Mound Advisory, Docks Commission July 19, 2001 4. DISCUSS: PUBLIC LAND PERMIT BOB CARLSON, 4991 BRIGHTON BLVD. Fackier explained that the applicant is seeking a Construction on Public Lands Permit. The request is to extend the existing retaining walls from private property into the commons. The impacted area is currently a slope that is maintained with grass and is difficult to traverse and mow. The retaining wall extension would transect the slope where it has a transition from the gradual to the steeper grade. The applicant is willing to reduce the length of the project by five feet to keep access to the commons-:. Jim Smith of Concept Landscaping addressed the Commission explaining the proposal in detail. This will reduce the length of the wall by five feet. A retaining wall system would be built in and allow the grass to grow wild. MOTION by Ahrens seconded by Eurich to approve the proposal as recommended by staff. MOTION carries unanimously. -8483- CITY OF STAFF REPOR~I DATE: ~luly 10, 2001 MEETING DATES: August 16, 2001 Dock and Commons Commission (D&C) August 28, 2001 City Council TO: FROM: Dock and Commons Commission and Applicant Ion Sutherland, Building Official -~~~,- APPLIC.MqT: Bob Carlson, 4991 Brighton Boulevard LOCATION: Wychwood Commons Dock Ske # 51850 SUBJECT: Application to Modify Retaining Walls and extend into the Commons Background/Comments: The applicants are seeking a Construction on Public Lands Permit as described in the attached application. The permit is required by City Code Section 3 20 Subd. 4., attached as Exhibit "A". The request is to extend the existing retaining walls from private property into the commons. The impacted area is currently a slope that is maintained with grass and is difficult to traverse and mow. The retaining wall extension would transect the slope where it has a transition ~om the gradual to the steeper grade. Photographs will be available at the D&C meeting and at City I-lal! in the file. The retaining is not required due to erosion or to maintain slope stability, the area is simply impractical to mow. Your recommendation should include a review of the following guides that are attached as exhibits and are contained within the City Code and Public Lands Procedure Manual. Various options are available for consideration. Applicable Guidelines and Comments: Exhibit "A", City Code Section 320. Subd. 4. requires a permit, a simple majority of the Council is required for apProVal. Exlu'bit '~B", Flow Chart (10). Chart item # 10 asks will the improvement of the retaining wall extension "enhance or encourage public use". As designed, the proposal does not serve the public, however, if a few steps were included into the westerly end as the walls terminate into the hillside, it would serve both the applicant and the public. With the inclusion of a few steps the applicant could easily negotiate the hillside and also access the south side of' lais property. This commons area is. classified as non-traversable however we understand there is an occasional traveler through the area. It is not intended by staff to encourage foot traffic, however we would also not. seek to block access. Allowing the retaining with a few steps would serve the a. pp~cant and help. guide any traveler towards the west and away from the applicant's property line and dwelling. Exhibit "C", Use Plan Classification, Summary, Shoreline Type. Excerpt's of the Use Plan for this area are attached; I yield and defer my comments, regarding the Use Plan to the D&C and Parks Director. From my site visit I observed the topography of this segment appears, to resemble the Shoreline. Cfi .~ria D. Exhibit '~D", Shoreland Management Ordinance Section 350:1200, excerpt's. Section 350:1225. Subd. 1. allows retaining walls to be constructed in the shoreland zone with the review and approval of the Building Of~cial and City Engineer. Staff Recommendation; Staff recommends the D&C recommend approval based on the applicant's request with the condition that a few steps be incorporated into the west end as approved by the Building Official. Findings may include issues as determined by the D&C and as suggested ha this report. The existing condition is impractical and it is dif~cult to maintain the steep slope with grass. The retaining could be considered' a reasonable and practical solution. Another available option (if the D&C does not agree with staff), is to recommend denial of the request based on the position that the area does not necessarily need to be mowed or retained. A ~r~able low maintenance landscape design could be installed. The existing walls can be modified (raised), without impacting the commons. Enclosures Note: This case has been f~'Warded to aud reviewed by fiae City Attorney. -8485- Mounfl Qty Code EXHIBIT ConstruCtion Acti~ties on Public Lands Section 32t):00. Speeial Permits for Certala ~a'uetur. es on Pn_blJc t_~na, Sabd. 1. ConstruCtion on Public. Land Permit. Construction of any kind on any public way, park of'commoTM, or the alter~on of the natural contour of any public way, park, or commons, is unlawful unless a special construction on public land ~t is issued as provided in this seotion. Any proposed constmotion, special use or land alteration shall require the applicant to provide racezsi~ drawings tn scaI~, speoifioations of xnateria!s to be use~i, pmpose~l., costs, and purp0~' for change. Ail special permits shall require a survey by a registered land mrveyo~ before a sp%hl permit will be issued. Survey shalt comPly with the. Mound Building Code survey requirements. Copies of SUch surveys, drawinf;s, specifications of materials, proposed costs and statements of purpose shall be furnished to the City and kept on file in the City offices.' No special permit shall'be issu~ unless appmv~ by a simple majority of the Council members. (ORD. 108-2000, 7/16/00) b-hxbd. Z. Ty~es of Construction RegtfiOn,~.a Sp~i,l Con~,_~_on on ~b~ ~,~, ~1 s~waYs, m~g w~is, f~n%~, ~mpor~ fo~,. or ~y .~ of con~cuon co~cuon p~t s~l be i~ed for ~~u0n of ~ous~s or o~er hUlid~gs on pu~c l~d ~der' S~5on 320 er ~y o~er or~ of ~e Ci~. Subd.. 3. ~b~9:..~d Repah....p.e~ts. No p.~rson shall conduct ~y structural r~ar permit, from th~ city in accordance with' s subdivision. Staff reoornm~rid~ns for structural repair shall be c.onsistetit with .current 'applicable zo~g re~aQ0ns. APi~lications for repairin§ existtnl boathOUSes or other structures 1~ obtain':"" .... ....,.,...~,..,...: .~, . . . .... . may , ~ from th~ Btul~g..Offic~al at th~. City offi~S. At! aPp!ica.tiOns for speoia!., reps~f p~; s'h~i '~e reviewed by' the City council. The COuncil s .hal' ! determine if the repair Pe~it S~' be ~'~,.t~ or denial, and may order any stmctui'e ~ be remove. The' Coun ii.sh ~ right to. impose any reaSo~bte cOnditions it may d~em advia~ble to' prote~t ti~ pubiic'suse of th~ ptibiic shoreline. (O~. 108-~0, 7/i6/00~ ~.t!., 4. ~nd.A!t~ti0n. Asp. eoial land. alt~ 'ration oermit .shall be l~d,. T~s"SS~fion sp'~cifiC~ly ~C!ud~.~y ~fafions m us~s which approved by a simple ~j0fi~ v0m of &e ~oil m~m~r~.(0~. 7/15/00 -8486- EXHIBIT Mound Cit~ Code Section 320:00, Subd..4. Structures locat~ on pub!lo'lands that are ordered removed by the City Councii.or by the City Building Offi0iai. under any code or law may proceed under the supervision and direction of the City Building Official Without the n~essity for chining minor, al permits f'mm the City' Council. (ORD. #54-1991, 12-2391) S~fbd. i. Exeepfio~ l~ Cf-' Coumi!~ ,~.' ro "., ~e ~l~on of a " p~vi~ ~s ~ ~ ~p~ov~ g6ck'l~c~0n is a ~°~.~d., ~d does n~t prior ~p~v~ of ~ Ci~ ~ml. ~e B~g O~ci~ ~ ~p~ve pe~ ~or ~e' pe~t fee ~h~ule ~ effect ~ ~e ~e. of ~e p~t ~pnc'~on. Al! pe~ ismed comi~nt wi~ ~e Procedure Mmu~ far ~bli~ L~', ~ c~nt Urn. pi~ for ' e~h ~ca ~d ~e' ~g O~6~s ~ applicable. Gen~t~ ~blic AcCess S~ays not exempt md ~ ~'V ~efl ~provfl.' (O~[ 108,2~0, 7/15~00) Subd. 6..S!!~t,...~. ca~a~o/n.l~erm~,Req~ed,.... An~ permit issued un~r .the provisions of t~s. Sec~i0i~"~'"i~ in'"~ii6ii/0"~d'fi~"~ lien of my stt~et eXca~on pe~t which may be reqUffed under th~ pf.'ovisions of S~iiion 605. (O~. 1.o8,2000~ ?/16/o0) o .th..~r ~sc~l!~us items') exi~ on April i, I976 ct ma h~s ~e~{Ved prior ~tt~n ~t~ ' ~. 'im6~ ap.'.p~¥~/! (ai~Pf6~,aI"coiiM's~s df a..pe~fif of f~bgn~fion'by City'CouiciI resofution Or other w. rit~n Cit~ approvai), ge hereby recogni~d and alloW~ to continue mbjiict to the .folloWing,:' The Bui!~g ~Oi~ sh~lt ~nduct an, ~'tio .'. of ~h PU.b.!ic Co.. mmons ~ry font -8487- 1~~. (OttD., .t1I~,.2000, 7'/1 -8488- April 27, 1993 EXHIBIT "B" ' RESOLUTION t93-51 RESOLUTION TO ADOPT THE AMENDED "DECISION FLOW CHART" IMPLEMENTING THE PROCESSING OF SPECIAL PERMITS FOR PRIVATE STRUCTURES AND PRIVATE CONSTRUCTION ACTIy~TIES ON PUBLIC LANDS WHEREAS, The Public Lands were dedicated for the public and the City is a trustee whose duty is to devote those lands for the public purposes intended by the dedicator; and, WHEREAS, O~ Ma~h 15, ~9~' the City Council of the City of Mound .adopted Resolution No.. 77-130 entitled as follows: "RESOLUTION ESTABLISHING RULES FOR IMPLEMENTING MAINTENANCE PERMITS FOR STRUCTURES ON PUBLIC LANDS RENEWABLE UP .TO THREE YEARS CONTINGENT UPON THE CITY'S USE PLAN, NEW OWNERS MAY MAKE APPLICATION FOR MAINTENANCE PERMITS - 16A", attached as Exhibit C; and, . WHEREAS, On March 15, 1977 the City Council of the City of Mound adopted Resolution No. 77-131 entitled as follows: RESOLUTION TO ADOPT THE AMENDED FLOW CHART IMPLEMENTING TH PROCESSING OF MAINTENANCE PERMITS FOR CONSTRUCTION ON THE COMmoNS,,~ attached as Exhibit D; and, WHEREAS, On March 15, 1977 the City Council of the City of Mound adopted Resolution No. 77-132 entitled as follows: U":.~IN~ OF MAINTENANCE PERMITS FOR CONSTRUCTION ON THE COMMONS,,, attached as Exhibit E; and, WHEREAS, The original Decision .Flow Chart Resolutions 77-130, 77-131, and 77-132 is attached as and, adopted by Exhibit B; WHEREAS, Staff recommended the following amendments to the "Decision Flow Chart": Re-phrase some. of'the language to be more user friendly; put in question format. Completely re-number all steps (squares). Add square %3.5 "DOES PROPOSED IMPROVEMENT REQUIRE APPROVAL FROM ANOTHER AGENCY? IF YES, RECEIVE APPROVAL FROM AGENCY, THEN PROCEED." Add within squares #4 and #5 the types of permits (i.e. Construction on Public Lands, Land Alteration, Public Land Maintenance, and Continuation of Structure) to help clarify where to go next· Combine circles from old flow chart %6 and #14, into square %11; ' 112 -8489- EXHIBIT "B'~ April 2 7,' 1993 Combine squares from old flow chart, 47 and ~116, into square $14. and, WHEREAS, City Code Section 320 regulates ,,Private structures and Private Construction Activities on Public Lands. NOW, THEREFORE, BE IT R~OL~D, by the City Council of the City of Mound, Minnesota, as follows: To adopt the amended "Decision Flow Chart" as show~ on the attached Exhibit A. The foregoing resolution was moved by Councilmember Jessen and seconded by Councilmember Jensen. The following voted in the affirmative: Ahrens, Jensen, Jessen, JOhnson and .Smith. The following voted in the negative: none. Attest: City Clerk -8490- 113 DECISION FLOW CHART ~~ING ~ ~O~SSIN~ OF GP~ P~TB ~OR ~VA~ S~U~S ~D P~A~ CONS~ION A~I~Ti~ ON ~BLIC ~DS (~T~D BY CITY ~DE SE~ION 320) PE~IT ~PLI~TION" EXHIBIT - CONSTRUCTION ON PUBLIC LANDS (new) - LAND ALTERATION ( 5=ading, retainina walls, =teas, etc.) I EX'I~TIN~ (4) DENY HOUSE OR OTHER DE~Y ENHANCE AND EI~COURAGE P, EQUEST. NO THE USE OF TH~ PUBLIC PUBLIC A~ DEFI/~ED BY THE USE PLAN? YES DEVELOP PLA~ ACCORDING TO PEXOEITIES. LEGAL YES NANCE (repai= txis=- inS s=ruc=ure) CONTII~ATION OF' STRUCi~E (to remain "as is") ENlt~ AND EI~OOURAGE ~I~ USE OF THE PUBLI~ lANDS ~ l'~ ~mlmAL PUI~LIC AS DEFINED BY ,TIiE UBE PLAN? NO -8491 - YEARS, NOT RENEWABLE. rev~e~ ~{~${~2 PUBLIC LAND USE PLAN City of Mound. EXHIBIT "C" SHORELINE NUA G SYSTEM Por the purpose of the Mound Park Plan, public shorelin~ has be~n numbered by dividing the City into 9 general areas. The first number of the five' digit number system indicates the general area of that location. .The remaining four (4) digits represents the actual distance of that location, from the starting .point of the general area (i.e. ~21080 means area 2; 1,080 feet from the beginning of area 2 - Harrison Beach in Harrison's Bay). PARK AREA CLASSIFICATIONS For the purpose of the Mound Park Use Plan, public lands have been divided into the ~ollowing classification: ~LASS 0 - No proposed usage. CLASS 1 - ~layq~ound: Designed primarily for young children under 12 years of age, serve an area 3/8 mile. May include swings, slides, jungle gyms, sand boxes and small ball field with backstop. CLASS 2 - Neighborhood Park: Pacility for all age groups which provides space for passive and active recreation. It could include such things as picnic sites, play areas, hiking paths and beaches. It is designed to serve the residential neighborhood rather than the community at large and would include the small beach areas with a limited amount of shoreline. CLASS 3 - Playing Field: Adults and youth over 12 years. Ten to twenty acres optimum, and serves an area one to one an~ ~one-half miles. It would include such things~ as tennis courts, football, fields, ice rinks, baseball and softball fields, etc. This type of facility would incorporate the facilities currently available. CLASS 4 - Resident Fishing Area: kreas of shoreline along the lakeshore to provide space for bank fishing. This will provide fishing opportunity for our youngsters through our senior citizens. 'CLASS 5 - Nature Area: Areas maintained in a natural or nearly natural state but open to the public for such outdoor recreation purposes as nature study, conservation education, trails, etc. CLASS 6 - Community Park: A large community park to provide a wide range of activities and serve the City at large, kctivities could include such things as swimming beaches, golf course, -8492- Current Use: Proposed Use: 50285 - 50300 · Loca.t£on: Current Use: Proposed Use: 50300 - 50365 Locat ion: Current Use: Proposed Use: 50365 - 50375 Location: Current Use: Proposed Use: 50375 - 5.0745 Location: Current Use: Proposed Use: 50745 - 51925 Location: Current Use: Proposed Use: 51925 - 52025 Too narrow for dockage. None. Unimproved. THAMES ACCESS. Too narrow for dockage. Unimproved. None. CLASS 1, 6,9 TYPE D CHESTER PARK..BEACH [ Bay. Sand beach approximately 65 feet wide swimming .area. Playground equipment. Same. Adjacent to Tuxedo Blvd. on Cooks provides for PENDLETON ACCESS. Too narrow for usage. None. CLASS 2t4,5,8 TYPE D BRIGHTON. COMMONS. Located on Cooks Bay, bounded by Manchester Road and Tuxedo Blvd. with approximately 320 feet of shoreline. Resident docking, limited swimming and fishing. General city park development. CLASS 4,5t'7,8 TYPE D,C WYCHWOO.D.COMMONS. Located adjacent to Brighton Commons on the north, with Manchester Road being the border line. Wychwood Commons is bordered on the north by Wychwood Beach. With the exception of approximately 150 feet at the southern end, the terrain is an extreme type "C". The area is unimproved and is used for resident docking. Same. CLASS 1,6,9 TYPE D 15 -8493- EXHIBIT "C" archery range, camp sites, nature trails, as well as the common playground equipment. CLASS 7 - Resident Boat Launching Site: These will include small · permanent boat launching sites scattered throughout the City. Limited parking or no parking can be expected.. Other sites are incorporated into.the beach areas and will only be opened when the beaches are not opened. All sites will Be open for winter fishing acoess. CLASS.$ - Resident Permit Docking: ~Areas of shoreline used to provide docking facilities and zn some areas, limited launching facilities for the adjacent and nearby residents. CLASS 9 - Swimming Beach: Areas of shoreline designated for swimming associated recreation. TheSe areas may or may not have swimming docks and/or life guards on duty. SHORELINE TYPES For the purpose of the Mound Park Use Plan, public shoreline has been classified into five general types: TYPE A: Shoreline that is traversable only on top, with a bank sloping directly into the water. TYPE B: Shoreline that slopes from the abutting property down to a traversable space along the water's edge. TYPE C: Shoreline that slopes fromthe abutting property down directly into. the water with. no traversable space. TYPE D: Shoreline that is traversable On the 'top, and traversable along, the water's edge. TYPE E: Shoreline such as marsh and swamp, and is not considered traversable. -8494- EXHIBIT "C" .To C~ _/Jo " -8495- Excerpts of the Mound City Code Section 350:1200 - HORELAND MANAGEMENT (adopted ~/I ~;/g3, & rev. EXHIBIT "D" 350:310. Definitions. Subd. 1. Accessory Buildinf], An accessory building shall be considered to be an integral pa~t of the principal structure unless it.is five {5) feet or more from the principal structure or use and providing that the structure exceeds 1 20 SCluare feet. Subd. 9. characteristics: Bluff. Topographic feature such as a hill, cliff, or embankment having all of the following Pa~ or all of the feature is located in a shoretand area; The slope rises at least 25 feet above the ordinary high water level of the waterbr The grade of the elope from the toe of the bluff to a point 25 feet or more water level averages 30 percent or greatec and The slope must drain toward the waterbody. · ~ tinary high An area with an average slope of less than 18 percent over a distance of 50 feet or m- j of a bluff. Subd. 10. Bluff Impacl; Zone., An area including a bluff and land Igc, ~ the bluff, top of Bluff Impact Zone ~)_.~ Bluff (Slope. 30% or Greater) -~ Bluff Subd. 11. _Blufflin~_. A line along the top of a slope connecting the points at.which the slope becomes less than 12%. · This applies to those slopea within the land use district(s) which are beyond the setbacE provisions from the ordinary high water marE. $ubd. 65. I_mDervious Cover. Any surface impervious or resistant to the free flow of water or surface moisture. Impervious cover shall include but not be limited to all driveways and parEing areas whether paved or tennis courts, sidewalks, patios and swimming pools. Open decEs {1/4" minimum opening between boards) shall not be counted in impervious cover calculations. {ORD. 69-1994, 8-29-94) - $ubd. 71. Lock Box. A structure accommodating the storage of boat and beach equipment, not exceeding twenty (20) square feet in total floor area and four {4) feet in height. Subd. B4. Lot of Record. Par~ of a subdivision, the plat 6f which has been recorded in the office of the Register of Deeds or Registrar of Titles; or a parcel of land, the deed to which was recorded in the office of said Re~ister of Deeds or Registrar of Tides, in accordance with subdivision regulations and zoning ordinances of the Ci~ =ect at the time of said conveyance. 120. Shore Impact Zone. Land located between the ordinary high water level of a pubiic water and a li~e parallel to i1: at.a setback, of 50 percent Of the structure setback. -8496- Excerpts of the Mound City Code Section 350:1='_nO- SHORF=I_AND MANAGE. MENT (adopted 3/15/93, & rev. 8-29-94) EXHIBIT "D" Section 350:310. Subd. 1. Accessory Buildinrl. An accessory building shall be considered ~o be 'an irrtegral part of the. principal structure unless it is five (5) feet or more from the principal structure or use and providing that the structure exceeds 12.0 square feet, Subd. 9. I~. Topographic feature such as a hill, cliff, or embankment having all of the following characteristics: B. The slope rises at least 25 feet above the ordinary high water level .of the watsrbody; C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and D. The slope must drain toward the waterbody. An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered par~ of a bluff. Subd. 10. 'the bluff. .Bluff Imoact Zon~ . An area including a bluff and land located within 20 feet from the top of Bluff Impact Zone Bluff (Slope- 30% or Greater) Bluff Subd. 11. Bluffline. A line along the top of a slope connecting the points at which the slope becomes less than 12%. This applies to those slopes within the rand use district{s) which are beyond the setback provisions from the ordinary high water mark. Subd. 65~' Imoervious Cover. Any surface impervious or resistant to the free flow of water or surface moisture. Impervious cover shall include but not be limited to all driveways and parking areas Whether paved or not, tennis courts, sidewalks, patios and swimming pools. Open decks {1/4" minimum opening between boards) shall not be counted in impervious cover calculations. {ORD. 69~1994, 8-29-94) Subd. 71. ock.~. A structure accommodating the storage of boat and beach equipment, not exceeding twenty (20) squar~ feet in total floor area and four {4) feet in height. Subd. 84. fLg~l~~. Part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds or Registrar of TrUes; or a parcel of land, the deed to which was recorded in the office of said Register of Deeds or Registrar of Titles, in accordance with subdivision regulations and zoning ordinances of the City in effect at the time of sald conveyance. Subd. 120. Shore imoa;t Zone. Land located between the ordinaTM high water level of a public water.and aiine Parallel to it at.a setback of 50 percent Of the structure setback. -8497- EXHIBIT 'i'D" Subd. 121. Shoreland. Land located within 1000 feet of the ordinary high water lev-el of a lake, pond or towage. The limits of shorelands may be reduced whenever the waters involved are bounded· by' topographic divides which extend landward from the waters for lesser distances and when approved by the Minnesota Department of Natural Resources, 122. ~val. Sh0reland Sel;back. The minimum horizontal distance be'cween a structure and the ordinary high Subd. 124. Steed Slooe. Lands having average slopes over 12. percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. Subd. 137. Toe of the Bluff. The lower point of a 50 foot segment of a bluff with an average slope exceeding 18 percent. Subd. 138 ............................ TOp of 1;he EI~u~T~h~P~igb~e~r~J~c~t~f~z~segment~f~a-b~uf`f-~w~i`t~-an~av`eraI~e`~sie~e~ Subd. 132. Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, except the following: (1) on-grade stairways and steps not exceeding 6 feet in width and landings connected to such stairways or steps not exceeding $ feet in width and 8 feet in length; (2) boardwalks not exceeding 6 feet in width; (3) driveways not exceeding 20 feet in width; {4) sidewalks not exceeding 6 feet in width; and (5) retaining walls not exceeding 4 feet in height. Subd. 146. Water-Oriented Accessory Structure or Facility. An at-grade deck or lock box that reasonably needs to be located closer to public waters than the normal structure setback. Stairways, fences, docks and retaining walls are not considered water-oriented accessory structures or facilities. Section 350:1225. Zoninq - Shoreland Manaqement. Structure Setbacks from Ordinary Hiph Water Level -- 50 feet. ° Water-oriented accessory structures designed in accordance with Section 350:1225, Subd. 3. B. of this Ordinance may be set back a minimum of 10 feet from the ordinary high water level. Retaining walls, fences and docks are allowed subject to other governing provisions within the required 50 foo~: setback area'. 2. Addit.ional Structure Setback.~, Unplatted Cemetery ....................................................... 50 feet Top of Bluff: Existing lots of record or lots created through Minor Subdivisions (3 lots or less) consistent with Section 330:20, Subd. 1 ................... 10 feet Major Subdivisions consistent with Section 330:20, Subd. 2 ................ 30 feet Top of Bluff ~· ~f Bluff OHWt_ Bluff Height =2~5' ~._~~ -8498- EXHIBIT "D" Bluff Imoact Z~n~-_. Stairways and landings shall be allowed within bluff impact zones. Other structures and accessory facilities shall be required to observe a ten (10) foot setback from the Top o~= the Bluff. 1. Hiah Water Elevatipn~_. Structures must be placed in.accordance with floodplain regula'; applicable to the site. ~VVater-orie'nted Accessory Structure~J Each lot may' have one water-oriented accessory' structure on private lakeshore not meeting the normal structure setback in Section 350:1225, Subd. 3.A.1. of this ordinance if the water-oriented accessory structure complies with the following provisions: a. An st-grade deck is allowed providing that it does not occupy an area greater than 250 square feet and must not exceed thirty {30) inches above grad.e..a_~aj3.y~ ............... b. A lock box is allowed providing that it does not have a total floor area exceeding ' twenty (20) square feet and does not exceed four (4) feet in height. ~/here possible, lock boxes shall be positioned such that the narrowest side of the structure is parallel to .the ordinary high water line. The setback of water-oriented accessory structures from the ordinary high water level must be at least ten feet. d. Water-oriented accessory structures must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions. Stairways. Lifts, and Landin~. Stairways and lifts are the preferred alternative to major topographic'alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: a. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used 'for commercial properties, public open-space recreational properties, and planned development areas. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-Space recreational properties, and planned development areas. Canopies or roofs are not allowed on stairways, lifts, or landings. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that' ensures control of soil erosion. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that they comply with the dimensional and performance standards Of subitems (a) to {e) in addition to the requirements of Minnesota ReguLations, Chapter 1340. ~[~A_~L~P_A~. The Building Official and/or City. Engineer will evaluate i~osSible Soil erosi~- impacts and development visibility from public waters before issuing a permit for construe of roads, dri.veways, structures, or other improvements on steep slopes. When determin~u necessary, conditions will be attached to permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. -8499- EXHIBIT i,O,, ~ubd. ~. ~hor~land Alterations. Ai"cerations of v~cion and 'co~ogral~h¥ will be regula"ced '~o pr~ven~ erosion in~o public wal:er~, fix nutrient, preserve shoreland ae~the'~ics, preserve his~ori~ values, prevent 13ank slumping, and pro*~eCt fish and wildlife habitat. A. Veae'c~ion Alterations. Removal of vegetation necessary for the cons~'u'ction of structures and ~:he cor~tructJon, of roads and parking areas regulated by Section 350:1225, Subd. 5 of this ordinance.is exempt from the vegetation alterstion standards that follow. 2. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 350:1225, Subd. 7 B. and C., is allowed subject to the fo,owing standards: a. intensive vegetation clearing within the shore and btuff impact zones and on steep slopes is prohibited, intensive vegetation clearing for forest land conversion to angler use outside of these areas is allowable as a conditional use if an erosion conn'ol' and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes on private proper-W, limited clearing .of trees and shrubs and cu~ing, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraf~ access areas, and pertained water-oriented accessory structures or facilities, provided that: {~) · The screening of s'~ructures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (2) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safe~/hazards. ELEVATIONS Ordinary High Water Rood Elevation Lowest Floor Elevation LAKE MINNETONKA 929.4 931.5 (MCWD) 933 DUTCH LAKE 939.2 942 942 ..... LAKE LANGDON 932.1 935 937 - -8500- PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Maywood Road, Mound, MN 55364 Phone: 47'2-0607, Fax: 47'2-0620 BUILDING OFFICIAL '7-'-~"~ / PARKS ~-5-O/ DNR PUBLIC WORKS '~JS-O.] MCWD,. RECEIVEP JUL 5 2001 MOUND Pt. ANNING &', Date Received /7'5"0 .Eaek Meeting Date City Council Date TYPE OF APPLICATION (check one): CONSTRUCTION ON PUBLIC LAND PERMIT-newconstn~on. NOTE: NOPERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOATHOUSES OR oTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). PUBLIC LAND MAINTENANCE PERMIT- to allow Code Section 320, Subd. 3). L___I CONTINUATION OF STRUCTURE-to anow a. existing improvement to remain in an "as is" condition (Clty Code Section 320, Subd. 3). c[~l ' change in shoreline, drainage, slope, trees, vegetation, flit, etc. (City Cod~ LAND ALTERATION Section 320, Subd. 4). The structure or work you are requesting is an activity, on Publicly owned lands. Structures like boathouses, patio sheds, etc. are all NON-CONFORMING USES. It is the Intent of the City to bring all these uses into conformance which means that those structures w'lll at some time in the future have to be removed from the public lands. Ali permits granted are for a limited time and are non-transferable. Stairway construction must meet the ~¢ste Bulidi'ng Code when the permit is for new construction, or a new permit is applied for due to change of dock site holder. tAPPLICANT ABUTTING PROPERTY LEGAL DESCRIPTION :~UBLIC PROPERTY NAME ~:~, ADDRESS PHONE (h) (w). ADDRESS ;=3, %q5 ~~-~-'~k,',~ .~.-,~.',,~- OWNER ~"'¢_ ~ ~-~ LOT BLOCK SUBDIVISION ~~ &~ - I ~ ~- ~ ~- - Co NAME' DOCK SITE# SHORELINE TYPE -8501 - CONTRACTOR NAME ~r-~ ~ ~. ~.,.~.~ ~-~_,,_~ ~ PHONE (w)~ q ~ - ~ (m)__ VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS)'? '5 '~ k°, oo DESCRIBE REQUEST & PURPOSE: Signatu~ of ~Applicant Date -8502- City of Mound 5'341 May~vood Road Mound, MN 55364 Dear John,. Please find our Public Land Permit Application enclosed for Bob.Carlson, 4991 Brighten Blvd., Mound, MN 55364. The Carlson's are model residents ofthe City of Mound. We eau only wish that all ofthe homes and yards in the City looked as well kept, clean and neat as theirs. Their home faces West over looking Cooks Bay with a mild grass slope to the lake. The land South is .higher and moves quickly to a bluffzone along the lakeshore. The Carlson's have a problem they would like to solve. They are experiencing water run-off from the higher laud and the grass area is too steep to cut and to walk on between their wall and property line. I have proposed that they raise the upper existing modular wall by adding a row of block. Then fill in with black dirt and seed to reduce the slope a little. I also proposed that they add 20' of wall to st'op the erosion in that location and that by doing so lvk. Carlson would not kill himsefftrying to cut grass there. Tlg Commons line in their yard runs at an angle, by the lake at the North to several fe~ back bom the bluff to the South, to accommodate all of the bluff to the South. Because of this angle more of their yard is taken up by Commons than the other typical Commons yards on the lake. The area South is all Bluff Zone. I believe the addition to the wall would help the Carlson's maintain the area and their lawn by stopping the water runoff and would eliminate a dangerous situation for Mr. Carlson. Sincerely Jim -8503- -8504- -8505- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA55364-1687 (612) 472-0600 FAX (612) 472-0620 Staff Report DATE: MEETING DATES: July 10, 1997 July 17, 1997 Dock and Commons Commission August 12, 1997 City Council TO: FROM: SUBJECT: Dock and Commons Commission, City Council, and Applicant Jon Sutherland, Building Official ~ Jim Fackler, Parks Director~ ,(dY Public Lands Permit Application from Robert Carlson 4991 Brighton Blvd. Dock Site//51850 · Brighton Common Shoreline: Class C-non traversable slope Background/Comments. The applicant is seeking a Permit to reconstruct the existing stairway on the Commons that serves his docksite # 51580. The request is consistent with all aspects of the City Code regulations that are in effect at this time. The request is also consistent with the last City Council resolution #78-288 that approved the 'original stairway permit. Recommendation. Staff recommends approval of a five year permit to allow for the reconstruction of the stair, subject to the following conditions: 1) The stairway shall be constructed to the building code as .required by the Building Official. 2) If compliance with these conditions is not' achieved within one (1) year of the date of approval of the permit, the applicants dock license will not be issued until compliance is achieved. Y$:Is The abutting property owners have been notified of this request. 8506 298 June 6, 1978 Councilmember Fenstad moved the following resolution, RESOLUTION NO. 78'-288 RESOLUTION TO CONCUR WITH' THE PARK COMMISSION AND GRANT A PERMIT FOR STEPS ON BRIGHTON COMMONS UP TO 5 YEARS AND RENEWABLE PROVIDING HAND RAILS ARE CONSTRUCTED WHEREAS, owner of property at'4991 Brighton Commons has requested a Maintenance Permit for ~teps on the commons, and WHEREAS, this request was considered reasonable; would not detract from the use of the commons. NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council concurs with the Park Commission and' does hereby grant a permit for steps on Brlghton Commons up to five (5) years, and renewable, providing that hand rails are constructed on both sides of the steps for added safety. A motion for the adoption of the foregoing resolution was duly seconded by Council- member Polston and upon. vote being taken thereon, the following voted in favor thereof; Fenstad, Polston and Lovaasen, the following voted against the same; Swenson, with Withhart being absent. Whereupon said resolution was declared passed and adopted, signed by the Mayor and his s|gnature attested .by the Act- ing City Clerk. Attest: Act~rng City-Clerk I~D~ARD ~. ~IJNDE Survey For: 'CLAY. MOR~ BUILDER~ S yor's Cert te $0 INV. 89,6 105.3 II NOTES * Elevations .shown are per shots taken May 3, 1977. PROPERTY DESCRIPTION * Proposed Garage Floor Eleva- tion = 104.8 Lot 7 and that part or Lot 8, Block 38, Wychwood, lying North of a line described, as foll~s: Beginning at the Southwesterly corner of said Lot 8; thence Easterly 37.3~ feet tea point 10.0 feet Northeasterly and measured at right angles from the Southwesterly line of said Lot 8; thence continuing Easterly to a point in the EaSt.liine..of'said Lot 8 distant 15.0 feet North of the Southeasterly corner thereof, all in Henneptn County., Minnesota. * Survey Data shown hereon ts per F. C. Jackson ~urveyors performed tn September of 1976. ! hereby certify that this plan or report was prepared by me or under ~y direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. " Edward ~'. Sunde -' Date April 18,' 1977 REVISED: Reg. No. 8612 Ma~ 4, 1977 ' -8so8- /7 ".Devon 0ommon s nnvo caused 'the s~,mo to be surveyed ~nd platted as "WMchwood" and do hereby donate .and dod£.cate to the public u.~e forever th~ c,~u~ty road as shown on the nnnexed plat; and do aisc hereby donate and dedicate to the ~ot owners of aa~d "d~ch~ood" the use 3'craver of the lanes, rend= and common, a~ al~owu on the ,nne~ed p~at. In witness whereof the said 5:~edo Park Company has .caused t~ese presents to be ai~ned ~t~ c~ryora:t,~.:le'~ t.o be hereunto affixed t~8 ~th da~ of ~v ~0~ I do hereb~ certify...., that the outs i~e Bo~dary lines are correct~ de~cn~ted on the plat...., that there no publ2c highways to be desicnatu~ on said plat other than as shown thereon. (s~ve~or) xenmare Oommon {Seton) ~all torrens) ~ ~ Sec. 19, T.ll?,.R. 23 "'has cauied the same to b~ surveyed and platted as "~eton" and do~s hereby donate and dedxcate ~o the Public use forever tho streets, avenues roods., ~anes' ~d common as shown on the annexe~ plat. whereof aaxd T~edo Park Oompmny has caused these presents and its corporate seal to be hereunto affixe~ on this 2$th Movember (Footnote: 3eton 19 ~oon de~icated to the public) (all torrens) "has caused the same to be surveyed and platted as "Devon" and does hereby donate and dedicate to the public for the public use forever 'the roads, lanes, streets and common as shown on tho annexed plat. In witness whereof said Tuxedo Park Oompn~y has caused these presents to be signed and its corporate seal to 'be hereunto affixed on this ~ri~hton 0o~on (Arden) ~All torrens) S. ~ ~ec. 2". T. 117, R.: 2~ ' = ~ caused the s~e to be surveyed and p~atted as "Arden= and'. de~i~ate to the public u~e forever, ~he streets, avenues, and alle~-s ms ~hown on sait plat., in ~xtness w~ereof the 5~xedo Park 0omp~y these presents to Be signed and its corporate aea~ affixed ,thai 13th day of ~ ~0 Waterbar~k Oommon ~ Lakside ~ark) "have caused the same to oe .surveyed end platted and to be ~nown and desxgnate d a~ "A~keside Park: A,L. Orock~r~s First Division, Mound, Mi.netonka~ and we hereby dons. ts and dedicate to the public use ~orever all the roads and avenues ~nd street8 hereon shown. An testimony whereof we have ~ hereunto set our hands and seals thXs 26 day of ~ovember £9u? ~ hereby certify that I have surveyed and platted the l~nd ...... that the outzide buundary lines are correctl~ designated on the p~at and there a..'e no wet lands or public hginw~s to be designated on eiad plat other than a8 shown thereon. (~bert Grober,aurveycr) ~ -8509- ~ · :COMMON "' ~° 5341 Maywood Ro~d Mound, MN 55364 (952) 472-~190 Staff Report To: From: Date: Cc: Re: Honorable Mayor and City Council ~d~~~~ Sarah Smith, Community Development Director~..~3/ a 8/10/2001 City AttomeyJohn Dean, City Building Official, Loren Gordon, HKGI Public Hearing- Kell's Lane Street Vacation (Jonathan Paul) Summary As the City Council may be aware, a public hearing to consider the vacation of a portion of Kell's Lane has been scheduled to be held by the City Council at its August 14, 2001 meeting. Subsequently, at its August 6, 2001 meetingo the Planning Commission unanimously voted to refer the vacation request from Jonathan Paul back to City staff and requested that a comprehensive master plan for the subject area(s) is prepared to devise a possible solution which is beneficial for all involved parties. Since the public hearing notice has already been published and mailed to all property owners within (350) feet pursuant to Minnesota State Statutes, it is respectfully requested that the City Council consider continuing the public heating to an upcoming meeting date so as to prevent having to go through the formal notification process again. Members of the City Council are advised that City staff including myself, Jim Fackler, Jon Sutherland and Loren Gordon of Hosington Koegler Group, Inc met on Thursday, August 9, 2001 to begin discussions regarding the matter. Additionally, City staff is attempting to schedule a meeting with the applicant as well as the adjacent property owners (Jeff and Pam Paul) to be scheduled the week of August 13* if possible. Recommendation City staff recommends that the City Council continue the public hearing for Kell's Lane to an upcoming meeting date. In the event that neighbors and/or other interested parties attend the meeting and desire to make comment, it is at the City Council's discretion whether or not to open the public and take testimony at that time and/or continue the public hearing. As a courtesy, in the event that neighbors and/or other interested parties attend the meeting, it may be advisable to take testimony as the information may prove useful as City staff continues its analysis of the subject area in cooperation with the involved property owners. -8511 - The City council is advised that, as a courtesy, City stuff intends to send out a meeting notice to those persons who were previously mailed a public hearing notice in order to update them regarding the Planning Commission's recommendation and to advise them regarding the possible continuation of the public hearing. Members of flae City Council are further advised, however, that in the event the scope of the vacation area(s) changes from the are(s) which was previously advertised, the proposal, in all likelihood, will require re-notification pursuant to M.S.S. In the event members of City Council have questions regarding the request, please be advised that all involved information can be provided by contacting City staff. For your review and information, a copy of the Planning Report and applicant narrative have been included as attachments. · Page 2 -8512- PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE # 01-21 NOTICE OF A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF KELLS LANE, GENERALLY ADJACENT TO THE PROPERTY LOCATED AT 4679 WILSHIRE BLVD. P&Z CASE 01-21 NOTICE IS HEREBY GIVEN, that the CitY Counci of the City of Mound, MinneSota will meetin: the COuncil chamberS, 5341 Maywood ROad, at 7:30 p.m. on Tuesday, August: ~: 14, 2001 to consider vacation of the street. ~ - Copies of the plans are available to the public upon request at City Hall. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Jill Norlander, Planning and Inspections Secretary Mailed to property owners within 350 feet of affected property on July 27, 2001. Published in the Laker, August 4, 2001. -8513- PLANNINO REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: June 13, 2001 SUBJECT: Street Vacation Request APPLICANT: Jonathan Paul - 4679 Wilshire Blvd. CASE NUMBER: 01-21 HKG FILE NUMBER: 01-05 LOCATION: 4679 Wilshire Blvd. ZONING: Residential District R-lA COMPREHENSIVE PLAN: Residential BACKGROUND: Jonathan Paul, applicant and property owner at 4679 Wilshire Blvd., has submitted a request for the following: 1. Vacate that portion of Kells Lane located between Lots 24 and 25, Seton, Block 24. 2. City release its adjacent Lot 6. Kells Lane is a "paper street" that extends east from Wilshire Blvd. to Avalon Channel. It is 33 feet in width and has no public road improvements. There are 4 privately held parcels on the north side of Kells Lane. The applicant owns the parcel Containing lots 24 and 25. Lots 26, 27, and 28 are held as separate parcels and are all owned by Jeffery Paul. Only portions one, lot 26, appear to be above the OHW. Kells Lane provides the only public access to these parcels. The City owns parcel 207 which contains lots 1-6 on the south side of Kells Lane. There is a City owned dock located approximately on lot 2. Access to the dock is provided by an unimproved path which begins somewhere on lot 5. Comments from the Parks Director are needed to evaluate the implications of this proposal on the dock as well as City property. Kells Lane and lot 6 of the City's land is essentially the front yard applicant property. The driveway crosses over Kells Lane and connects to Wilshire Blvd. There is also a gravel parking area located on lot 6 of the City's property. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -8514- 49 p. 2 #01-21 Kells Lane Yacation Request June I$, 2001 The City Attorney's memorandum indicates that in the event of a vacation, the full 33 feet of Kells Lane would attach to the adjacent property on the north side. None of the right-of-way would attach to the City's land. DISCUSSION: Although the vacation of Kells Lane would provide the applicant with relief to nonconforming front yard setbacks and use of the land, there are many other issues at play the City needs to consider. The applicant seems to recognize the need to provide access to his neighbor through his request to acquire the City land and provide some type of access. Staff would agree that access to these parcels needs to be secured in a right-of-way or some form of easement to prevent them from being land locked. If land locked, the property owner could file claim against the City for an action that limits property use. The May 30, 2001 letter from Jeffery Paul's attorney indicates that he objects to the proposal unless he is compensated for a taking or access and parking are provided. If the vacation is approved, it appears there are a number of options that will also need to be looked at and acted upon. Assuming a vacation is approved one or more of the following will be necessary: 1. Purchase of lots 26, 27, and 28 by the City to alleviate a potential takings claim. 2. The applicant acquires and consolidates lots 26, 27, and 28 with his property. 3. City releases portions of lot 6 to the applicant to be combined with his property. 4. City revises the vacation request to vacate all of Kells Lane and releases lot 5 and lot 6 to the adjacent owners to be combined into new properties. Lots 27 and 28 would need further review to address their status. 5. City not release lot 5 or lot 6 or vacate any additional portion of Kells Lane but provide some form of easement over the land to guarantee access to lot 26. It should be noted that only options 3 and 4 would provide the applicant with a parcel that would be in conformance with lot and structure zoning requirements. If the City/applicant is not willing to entertain 1 of the 5 options above, then there would appear to be no choice but to deny the vacation request on the basis that public access to lot 26 is not provided. RECOMMENDATION: Staff recommends the Planning Commission consider the options for approval or denial as stated above and make a recommendation to Council. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -8515- Engineering · Planning · Surveying MEMORANDUM DATE: June 13, 2001 TO: Jon Sutherland, Planning and Zoning FROM: John Cameron, City Engineer SUBJECT: City of Mound Kells Road Street Vacation Case #01-21 MFRA #13327 As requested, we have reviewed the application to vacate a section of Kells Road and have the following comments and recommendations. Comments The right-of-way proposed for vacation does not contain an improved street maintained by the City; however it does provide, on paper, access to privately owned property (Lots 26, 27, and 28, Block 31, Seton). Vacation of Kells Road would eliminate access to Lots 26, 27, and 28 via a public right-of-way. The only City utilities that would be affected by the proposed vacation would be the area around the existing hydrant and water service valve, both of which are shown on the survey. If the street vacation is approved, a utility easement must be reserved over the west ten feet of the proposed vacation. The City of Mound owns all of Lot 1 through 6, Block 1, Wychwood; however the County Road encroaches'onto the southerly portion with no easement or agreement of record. See John Deans' letter of June 8, 2001. -8516- 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-ma/h mfra@mfra, com Jon Sutherland, Planning and Zoning June 13, 2001 Page 2 I am assuming that the gravel parking area located on City property (Lot 6) was installed and currently used without permits or permission of either the City or Hennepin County. If Lot 6 were sold to the applicant as suggested in his letter and an easement provided for the owner of Lots 26, 27, and 28, a driveway permit would need to be acquired from Hennepin County. The grade of the City property starts dropping dramatically towards the north, close to the lot line between Lots 5 and 6. The County guardrail appears to start about the center of Lot 5 and runs easterly. See Attachments. The City should review the intended use of the City owned property and right-of-way of Kells Road as it relates to their dock program and park use. Recommendations 1. This section of Kells Road should not be vacated unless all the following conditions are met: Co Access is provided for Lots 26, 27, and 28, Block 31, Seton; The Parks Department, Park Commission, and the Dock and Commons Commission recommend approval; It can be shown that the existing right-of-way has no public benefit. 2. If the street is vacated, a utility easement must be retained over the westerly ten feet. cc: Loren Gordon, HKGI sSmain:Wlou13327:\Correspondencsutherland6-12 52 -8517- E. R E 470 Pillsbury Center 200 South Sixth Street Min. neapolis MN 55402 (gEl) ~7-9~00 telephone (612) 557-9310 fax http:l/www, ken nedy-graven.com 3'une 8, 2001 To: John Cameron and Lo~:en Gordon ~ From: John Dean Subject: .Kequest to'vacate Kell Road, and implications to city property. . The .c~(y has received a request to vacate 'a portion of Kells Road lying north of Block. i, Wychwood. During our discussion of the matter earlier, in the week it was decided that I should review the title to the property in Block 1 and determine what easements, if any, have been given for the roadway realignments that have taken place over the years. Ail of Block 1 is Torrens. The title is shown on Certificate No. 529895. (Copy attached) The only portion of the BloCk that is not owned by the city is the Portion of Lot 1 that w~"deaieatec~' as road in the plat of Avalon. That area is depicted in the print of the block that I have also attached. The only other insmuments of record are temporary and permanent easements n~m~ing'in favor of the city that were granted before the city came into title. I have also attached, a copy of the easement document. An examination of the plat for Wychwood shows that Block 1 forms the north boundary of the plat. Kells Road is dedicated in the Seton plat. Although further examination of old records may indicate a different result, it is very likely that none, of the land under Kells Road will attach to Block 1 (the city land) in the event of a vacation. Stated differently, al! of the land in the vacated Kells Road will probably attach to the lots in Seton on the north side of the road. J'BD-198697vl MU220-5 54 -8518- ',% Ld ',6Z"~ Z69~ -8519- ? 99'~2Z-'-8 D'cl -I Re: Application for Street Vacation of Kells Lane in relation to Lots 24 & 25, Block 24, Seton addition, Property ID 19-117-23 23 0067 My name is Jonathan Paul and I live at 4679 Wllshire Boulevard, I have been living at this location since June of l'99-7~---l--ha'~e=l~repa~ed:th e--follewin~i n fe~matien-ffer--the=p.ar-p.es~-ef~--vaeati~ ~eflae ~-~ I~L~~~- my property. Please find the following enclosures: 1) Ten (t0) copies of a new survey of my property (dated 07/1g/00 - Schoel & Madson Surveyors per Dick _ ..........:,';:;,:;;;;,;, ~ ~,~-;~,~-~"J",'): ....................... ........................... 2) Two (2) sets of certified listings and labels of property owners within 350 feet of my property. 3) One (1) check made out to the City of Mound for $250.00 Please note that the survery includes the location of .the area proposed to be vacated which was determined by extending the western property line of lot 24 and the eastern property line of lot 25. The survey also shows all abutin.q lots to the proposed vacation. The names, addressess and property ID's these homeowners are as'~ollows: Adam and Darcy Worley 4685 Wilshire Blvd ID 19-117-23 23 0066 Margaret Bargman 4691 Wilshire Blvd ID 19-117-23 23 0065 Michael Louden 4697 Wilshire Blvd ID 19-117-23 23 0064 Jeff Paul 4213 Merriam Road (Minnetonka) ID 19-117-23 23 0069 The survey also includes the location of existinq structures and driveways on my property. In addition, easements and under.ground utilities are referenced. 1 b~lieve that there is no Public need for the development of this street. The City of Mound owns (through tax forfeiture) all of the Wychwood lots (1-6) to the east of my property. These lots are currently undeveloped and provide a wooded, natural area that is enjoyed year round by our neighborhood community. In a Dock & Commons Advisory Commission meeting held 3/19/98, a proposal to develop these lots for a use as a public dock was discussed and consequently defeated. There is a small, undeveloped, triangular lot that is owned by Jeff Paul (Lot 26, Block 24 Seton addition) which is bordered by my eastern property line (Lot 25 Seton), Kells Lane and the channel. Mr. Paul will require access to his property as a direct consequence of this proposed vacation. To address the access issue Mr. Paul would have to his property, I am suggesting the following for your consideration: As a direct consequence of this Street Vacation request, I am hopeful that the City of Mound will sell to me the irregular shaped piece of property directly south of Kells Lane (Lot 6, Block 1, Wychwood addition, Property ID 19- 117-23 32 0207). The sale of this property would allow me to provide access to Mr. Paul along the eastern edge of Lot 6 (Wynchwood), through Kells Lane and on to his property (Lot 26 Seton). Please note the yellow highlighted section on the survey. This is the proposed line of access that could be provided to Mr. Paul. The sale of this property woutd also complete my goal of owning the land that I and ail previous owners have maintained as a front yard. The goal of this request is no.._~t to aquire additisnal property beyond the natural, wooded line of my maintained yard as it is today. In closing, please allow me to point out some obvious dimensions that cause me great concern regarding Kells Lane and my property: Kells Lane currently resides within 16 inches of the foundation of my home. Approximatley ~,4 of my paved driveway resides in Kells Lane. Approximately % of my cement sidewalk resides in Kells Lane. Please feel free to visit my property and view the real-life situation for yourselves. Thank you for the opportunity to present my situation. -8520- HECEIVEE NAY 1'0 2001 63 DEVELOPMENT AGREEMENT LANGDON BAY SUBDIVISION AGREEMENT is dated this 14th day of August, 2001, by and between the City of Mound, a Minnesota municipal corporation, ("City"), and R.H. Development Inc. (the "Developer"). Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Langdon Bay, which land is legally described on Exhibit "A", attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property"). e Conditions of Plat Approval. The City has approved the final plat and development plan as contained in Resolution #01-43 attached in Exhibit "B." Final Plat Approval. The City may refuse to approve final plats of the Subject Property if the Developer has breached this Contract and the breach has not been remedied. o Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved preliminary plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. Development Plans. The Subject Property shall be developed in accordance with the following plans, original copies of which will be on file with the City Engineer. The plans may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Final Plat Grading and Soil Erosion Control Plan Sanitary Sewer and Watermain Storm Sewer Street Construction By-Pass Lane Detail Mound City Details Wetland/Wetland Mitigation Plan 1 -8521 - e e Phasing Plan Installation by Developer. The Developer shall install or cause to be installed and pay for the following: B. C. D. E. Fo G. H. I. J. K. L. M. Sanitary Sewer Water Storm Sewer Streets Sidewalks/Pathways to include an eight (8) feet wide multi-purpose trail on Outlot C from Sugar Mill Lane to the Dakota Rail right-of-way. Street Lights Setting of Lot and Block Monuments Monumentation of the trail easement along lot lines Surveying and Staking of work required to be performed by the Developer Gas, Electric, Telephone and Cable Lines Landscaping Site Grading Park Equipment as prescribed by the Parks Director (Hereinafter referred to as the "Developer Improvements") And other items as necessary to complete the development as stipulated herein. Time of Performance. Phase I: The Developer shall install all Developer Improvements, enumerated in Paragraph 6, which will serve the Subject Property, by December 10, 2001. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Phase II: The Developer shall install all Developer Improvements, enumerated in Paragraph 6, which will serve the Subject Property, by October 1 2002. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Public Infrastructure. The following improvements shall be inspected by the City and installed in the Subject Property by a Contractor selected and paid by the Developer: A. Sanitary Sewer B. Water 2 -8522- C. Storm Sewer D. Streets E. Sidewalks/Pathways (Hereinafter referred to as "Public Infrastructure Improvements") 0 Security for Cost of Public Infrastructure and Developer Improvements. To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") for $1,43%043.42 which is 115% of the estimated cost of the Developer Improvements. The mount of the security was calculated as follows: Cost 115% Streets $357,819.95 $ Utilities $412,755.20 $ Sidewalks $36,750.00 $ Grading & Erosion Control $336,816.95 $ Survey Monurnentation $20,000.00 $ Landscaping $40,000.00 $ Retaining Walls - 0 - - 0 - Street Lighting (8 lights) $13,200.00 $ Buffer Monumentation (30 signs) $4,000.00 $ Park Equipment/Improvements $30,000.00 - 0 - Wetland Restoration/Mitigation - 0 - - 0 - Wetland Monitoring7 - 0 - - 0 - Total $1,251,342.1 $1,43%043.42 The bank and form of the letter of credit or other security shall be subject to the approval of the City Manager. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall fumish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter of credit may be reduced from time to time as financial 3 -8523- 10. 11. 12. obligations are paid and developer installed improvements completed to the City's requirements. No work shall be commenced under this Agreement until the Note, Mortgage, and Disbursement Agreement have been executed and certified copies filed with City. Grading Plan/Site Grading. Site grading shall be completed by the developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities is occurring simultaneously to the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the installation of Public Infrastructure Improvements. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. All basement and/or foundation excavation spoil piles shall be kept completely off City right-of-way and shall be completely surrounded with an approved erosion control silt fence. Approved erosion control fencing shall be installed around the perimeter of each lot or at City approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20-foot opening will be allowed on each lot for construction deliveries. The parties recognize that time is of the essence in controlling erosion. If development does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or 4 -8524- 13. 14. 15. 16. 17. obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. Planting and Seeding. Prior to the City allowing occupancy, the Developer shall plant one (1) two and one-half (2 ½ ") inch caliper ball and burlapped red maple tree within the right-of-way in front of each lot, including 6 trees along Outlot B (2 along Robin Lane, and 4 along Sugar Mill Lane) and the Developer shall also sod the boulevards, all at its own cost. The Developer is further responsible to sod Outlot B and seed/sod Outlots A and C. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the Developer, the City will complete or contract to complete the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13. The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas of erosion/siltation and restore to the original condition at the end of home construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit "C". Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public rights-of-way and easements shall become City property without further notice or action. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for two (2) years after planting. Responsibility for Costs. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subject Property including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the subdivision and the plat, the preparation of this Agreement, and all costs 5 -8525- and expenses incurred by the City in monitoring and inspecting development of the Subject Property. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. The Developer shall reimburse the City for preagreement fees incurred for the preparation of the Development Agreement at the time this Agreement is signed. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering, planning and attorney's fees. The fees shall be deposited with the City at the time this Agreement is signed as calculated in Exhibit "D." If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within 10 days of the request. Do The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. The Developer shall pay all energy costs for street lights installed within the Subject Property until seventy-five percent (75%) of the lots are occupied. After that, the City will assume the energy costs. 18. Developer understands that builders will be required to pay for the Subject Property the fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of this agreement are: Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $1100). B. Water Availability Charges per SAC unit (currently at $1,500/SAC unit). C. Water Connection Charge per SAC unit (currently at $125/SAC unit). 6 -8526- 19. 20. 21. D. Sewer Connection charges per unit (currently at $125/unit). Building Permits. No occupancy permits shall be issued until: A. The site grading is completed and approved by the City. All public utilities are tested, approved by the City Engineer, and in service. C. All curbing is installed and backfilled. D. The first lift of bituminous is in place and approved by the City. E. All building permit fees are paid in full. An early housing construction start may be allowed as provided by the Early Start Agreement. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, materialmen or agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City, unless otherwise authorized in writing by the City Engineer. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to see a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Miscellaneous. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision or the plat or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 7 -8527- 23. B. Third parties shall have no recourse against the City under this Agreement. Co Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. Do If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Fo The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. This Agreement shall run with the land and may be recorded against the title to the property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer may not assign this Agreement without the written permission of the City Council. Improvements to Westedge Road. The parties did on May 8, 2001 enter into that separate agreement (the "Consent and Waiver Agreement") relating to improvements to be constructed on Westedge and the responsibility for payment 8 -8528- 22. 23. 24. 25. of the costs of such improvements. The Consent and Waiver Agreement is attached to this Agreement as Exhibit "E", and is incorporated herein. The trail easement attached to this agreement as Exhibit "F", shall be filed and recorded by the Developer along with the filing of the Final Plat. Conveyance of Land. The developer shall convey to the City Outlot A by deed within 10 days after recording of the Final Plat. Outlots B and C shall be conveyed to the City by deed within 10 days of City acceptance of those specified improvements. Homeowner's Association documents attached as Exhibit "G", are incorporated herein. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: R.H. Development' Inc. 2300 West 97th St. Bloomington, MN 55431 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: City Manager, Mound City Hail, 5341 Maywood Road, Mound, Minnesota 55364. 9 -8529- IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF MOUND By: By: Pat Meisel, Mayor Kandis Hanson, City Manager R.H. DEVELOPMENT INC. By: STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ., 2000, by Pat Meisel, Mayor, and Kandis Hanson, City Manager, of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument , 2001, by was Notary Public acknowledged before me this day of ., and ., a , on behalf of the said Drafted by: City of Mound 5341 Maywood Road Mound, Minnesota 55364 Notary Public 10 -8530- CITY OF MOUND ORDINANCE NO. 06-2001 AN ORDINANCE ADDING SECTION 492 TO THE CITY CODE RELATING TO PERMITS FOR TEMPORARY PLACEMENT OF CONTAINERS The City of Mound does ordain: Section 492 is hereby added to read as follows: Section 492 - PERMITS FOR TEMPORARY PLACEMENT OF CONTAINERS 492,05 Def'mitions. For purposes of this section, "container" means a dumpster, collection bin, collection box, tub, roll-off box, roll-off container, or any other receptacle used to store construction, remodeling or demolition debris. 492.10 Permit Procedure. No person shall place a container on any public right-of way without first obtaiffing a permit from the Public Works Superintendent. 492.15 Permit Application. An applicant for a permit shall provide the following information: B. C. D. E. Fe the name and address of the applicant; the location of the project to be undertaken; the length of time for which the permit is needed; the type of debris that will be deposited in the container; proof that the applicant has all necessary licenses required to perform the project; and any other information deemed necessary by the Public Works Superintendent. 492.20 lnquranee. A permit holder shall maintain or cause to be maintained the following insurance with respect to the container: Ao Bo public liability insurance in an amount of not less than $1,000,000 for injuries including accidental death to any one person, subject to the same limit for each ~eurrenee; and property damage insurance in an amount of not less than $500,000 for each accident and not less than $1~000,000 aggregate. The insurance required by this subsection shall protect the City from defense costs and claims for damage for bodily injury, personal injury, including accidental death, and claims for property damage. 492.25 Condition of Container. Containers must be well maintained and in good working condition, display the name and telephone number of the owner of the container, and be suitably supported at each contact point to prevent damage to paved surfaces. Containers must be covered when not in use if the material inside is easily airborne, pOses a hazard, gK, es off odors or is o~ise offensive. Debris generated by the project must be placed inside the container and may -8531- not be placed on the public right-of-way or in any place in which such debris interferes with use of the public right-of-way. 492.30 Warning. Required. The container shall be properly reflectorized at all times. From sunset to sunrise, a sufficient number of warning lights shall be placed in such a manner that they will give proper warning of the container in accordance with part VI of the Minnesota Manual on Uniform Traffic Control Devices. 492.35 Duration of Permit. days. No permit shall be issued for a period of more than seven 492.40 Permit Fee. The permit fee shall be in such amount as the city Council may from time to time establish by resolution in accordance with the provisions of Section 500 of the City Code. 492.45 Denied and Conditional Permits. The Public Works Superintendent may deny a permit or place conditions upon issuance of a permit if the denial or conditions are required due to traffic, width, public health or safety, or other considerations. 492.50 Revocation of Permits. The Public Works Superintendent may revoke a permit if the permit holder violates any provision of this section or any other applicable law, ordinance, role or regulation. 492.55 Applicability of Other Law. The owner of the container and the person placing it on the public right-of-way shall comply with all other laws, ordinances, rules, and regulations governing its use and maintenance. 492,60 Violation of This Section. The City may remove any container placed in a public right-of-way in violation of this section. The owner of the container or the person placing it in the public right-of-way shall pay to the City all costs, fees, penalties, or other expenses incurred by the City in removing the container, and storing and disposing of the container and its contents. In addition, the City shall charge daily storage fees in such amount as the City Council may from time to time establish by resolution in accordance with Section 500 of the City Code. If the container is not claimed within 30 days by its owner or the' person responsible for placing it in the public right- of-way, it may be disposed of as abandoned property, but such disposal shall not diminish the responsibility of the owner or the person responsible for placing it in the public right-of-way to pay all amounts due under this subsection. A container shall not be released from storage by the City until all amounts due under this subsection have been paid. The provisions of this subsection are in addition to any other penalty provided for in this code. Attest: Bonnie Ritter, Acting City Clerk Adopted by the City Council on August 14, 2001. ~blished in The Laker on August 25, 2001. Mayor Pat Meisel -8532- MEMORANDUM July 18, 2001 To: Mayor and City Council From: John Dean Subject: Disclosure Report At your last council meeting, concern was expressed about whether the disclosure requirement for advisory commissions needed to be contained in a city ordinance, rather that in the form in which it was adopted. We have reviewed the applicable laws and regulations on the subject; and have had discussions with Don Gemberling of the Minnesota Department of Administration. On that basis, it is our conclusion that the requirement of written disclosure by commission members is valid as long as it is the result of an official action by the council. The action taken by the council to adopt the policy and the disclosure requirement would be such an official action. -8533- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com July 5, 2001 TO: KANDIS HANSON FROM: BONNIE RITTER SUBJECT: ETHICS GUIDELINES At the workshop with the Commissions regarding ethics guidelines, it was perceived that the intent was to eliminate the Financial Disclosure Statement for members of Boards and Commissions. The enclosed Ethics Guidelines for City Council and Advisory Commissions has been revised to eliminate the Financial Disclosure Statement for Board and Commissions, however State Statute does allow the City to collect this information from elected officials. I'm enclosing copies of Roseville, Blaine and Minnetonka's policies regarding this subject. CITY OF MOUND ETHICS GUIDELINES FOR CITY COUNCIL AND ADVISORY COMMISSIONS BACKGROUND: The Mound City Council makes the following findings: The confidence that the community has in its public institutions is directly related to the standards followed by the elected and appointed officials. Not only is it important that elected and appointed officials act ethically in their public lives; but it is equally important that they establish and follow clear principles and guidelines to guide them in their actions. The existence and adherence to such guidelines can result in a high level of public trust and ace.~ptance in the actions of elected and appointed officials. For the foregoing reasons, the City Council has adopted the following Ethics Guidelines, to be observed and followed by the City Council and the members of the advisory commissions of the City, (collectively, "Officials"). ETItlCS GUIDELINES: (Per State Statutes: 471.87; 412.311; 471.895; and 471.705) No Official shall misuse the office to secure special privileges or exemptions for such person or any other person. No Official shall directly or indirectly receive or agree to receive or solicit, any compensation, gift, reward or gratuity in payment for the performance of his or her official duties except as may be provided by law; nor shall any Official give or offer to give any compensation, gi~ reward or gratuity to any individuals in connection to their official capacity. No Official shall enter into any contract with the City that is prohibited by law. Any public official who has a proprietary interest in an entity doing business with the City shall make known that interest in writing to the City Council and the City Clerk. Any Official, who in the discharge of said Official's duties would be required to take an action or make a decision which would substantially affect such official's financial interest or those of a business with which such official is associated (except as the City's representative), unless the effect on such official is no greater than on any other citizens or other members of such official's business classification, profession, or occupation, shall not participate in either discussion or vote on the matter, and shall additionally take the following actions: -8535- o A written statement shall be prepared which will include the name, address, office held, action presenting the potential conflict of interest, the nature of the financial interest, the person notified of the potential conflict of interest, the member's signature and the date; b. Said member shall deliver copies of the statement to the City Clerk; If a potential conflict presents itself and there is insufficient time to comply with the provisions of clauses "a" and "b" of this section, the member shall verbally inform the City Clerk of the potential conflict. The Official shall then file a written statement with the City Clerk within one week'after the potential conflict presents itself which statement shall state the reason for the delay. The provisions of this paragraph 4 should not, absent unusual circumstances, prevent the Official from appearing before the City Council or any commission on a matter where such Official is, as property owner, requesting some action or decision from the City on such property, providing that such participation is as a member of the public and not as an Official. An Official must not act as an agent or attorney for another before the City Council or a commission in a matter where a conflict of interest exists or may exist. An Official may accept compensation or expense reimbursement for the performance of the Official's public duties only from the sources listed below. a. Compensation and expenses paid by the City. bo Compensation and expenses from other employment, if the person happens to conduct public business while being paid for the other employment and if the other employment does not interfere with, influence, or compromise the person's public position, and Co Compensation and expenses paid by another governmental agency or municipal aa~ciation to an Official who serves as a City representative for that agency, but only if the City does not also pay the person for the same activity. An Official must not use public money, time, personnel, facilities, or equipment for private gain or political campaign activities except when: a. the use is required or authorized by law, or b. the use is no greater than that allowed for the general public. This para~aph does not prohibit correspondence at any time to individual residents in response to the resident's sp~ific inquiries, or general surveys of residents that are conducted before the time of filing for mndidacy for elective office. JBD-18538Iv2 MU220-1 -8536- It is important to public confidence in the operation of government that decisions of the City Council and the advisory commissions of the city (unless subject to certain specific exceptions) be made in public, following discussion among members also taking place in public. For that reason, the following guidelines will be followed by Officials: At any gathering that is attended by a majority of the Council, or of an advisory commission ( unless such gathering has been duly noticed as a meeting of the Council or such advisory commission), such Officials will refrain from participating, as a group, in any discussion, either between the members, or others in attendance at the gathering, involving matters that are pending, or are likely to come before the Council or such advisory commission. At any special meeting of the Council or of an advisory commission, the Officials will refi~n fi'om engaging in discussion or taking action on any matter which was not contained on, or reasonably related to, the items in the meeting notice. The Council and each advisory commission will, from time to time, and at the recommendation of the City Manager, conduct study sessions to familiarize new Officials and update other Officials with the requirements of the Minnesota Open Meeting Law. While openness is an important cornerstone of good government, it is occasionally necessary to limit disclosure of ~n types of data that may come into the hands of Officials. For that reason, Officials will become familiar with the requirements of the Minnesota Data Practices Act, and will seek advice prior to disclosing data in their possession that might be considered as not public. Further, an Official must not disclose information received, discussed, or decided in conference with the City Attorney that is protected by the attorney/client privilege, unless a majority of the City Council has authorized that disclosure. I hereby acknowledge and will uphold these ethics guidelines as provided under Minnesota Statute. Signature Date ~lg5381v2 MlYl~O-1 -8537- City of Mound Financial Disclosure Statement Within 30 days after taking the oath of office or being appointed to a position, each Council member must file a report with the City Clerk on a form prepared by the clerk, which contains the information specified below for the preceding year. Thereafter, each person shall file a supplemental report on the first day of February of every year and within 30 days of any change in information provided in the disclosure. The information shall be for the individual, the individual's spouse, and all minor children (collectively referred to below as "you"). Name Address City State Zip Office phone I Home phone 1. List any business entity in which you are an officer, director, member, or employee, and the position held. 2. List any business entity in which you have an ownership interest, either legal or equitable. List name and address of each entity from which you receive income, compensation, fees, or commissions for employment, for services rendered, or from pensions, except the employment, services rendered or pensions of minor children. JBD- 188004v 1 MU220-2 -8538- 4. List all non-profit organizations in which the person is a member or serves on the governing body, and the positions held, except if serving in that capacity as the City's representative. 5. List all real property within the City owned by you or in which you have a beneficial interest. Signature Date JBD- 188004v 1 MU220-2 -8539- EXTP~ACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota was duly held on the 23rd day of July, 1990, at 7:30 p.m. The following members were present: Johnson, Maschka, Thomas, and Rog, and the following were absent: Cushman. Member Johnson introduced the following resolution and moved its adoption: tLESOLUT!ON NO. 8593 CODE OF ETHICS FOR PUBLIC OFFICIALS IN TEE CITY OF ROSEViLLE ~ WHEREAS, it is imperative that the officials in the public service not oqly maintain the highest possible standards of ethical conduct in their transactions of public business, but that such standards be clearly defined and known to the public as well as Go the public officials; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ROSEVILLE that the following be a Code of Ethics for the public officials of Rose- iille. Section 1. Declaration of Policy. The proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. .~ ~, In recognition of these goals, there is hereby established a Code of Ethics for all Public Officials of the city of Roseville. The purpose of this Code is to establish ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best .interests of the city, and by directing disclosure by such officials of private financial or other interests in matters affecting the city. The provisions and purpose of this. Code and such rules and regulations as may be established are hereby declared to be in the'best interests of the City of Roseville. Recognizing that education on ethics in government is the key to having good government, this code requires that yearly seminars be held to discuss the meaning of this code with new public officials, and in addition such seminars shall involve trained experts on govern- ~nt ethics that are outside of the Roseville government itself. The Manager shall be the coordinator for these seminars. These seminars will keep the'subject of ethics in government fresh in every- one's mind. -8540- Resolution No. 8593 Section 2. Definitions of Terms. o Pag~ ~ Public Official Any person that has been elected to office, appointed .by the City Council, appointed to a City board or commission, or hired by the city to serve as a department head or assistant department head. This list includes the following: a. A member of the city Council and Mayor. b. The department he~d and assistant department head of each City department. c. A member of any City board or commission. d. The city Manager. e. The citY Attorney and attorneys, in the City Attorney's firm performing work for the city. f. Any other person hired as a consultant or designated by the City Council from time to time to handle City matters. Anvthinq of Value Money, real or personal property, a permit or license, a favor, a service, forgiveness of a loan or promise of future employment. It does not mean r~.asonable compensation Q~ e~en~es pa~d to a public official by the government of Roseville for work performed. Compensation A payment of "anything of value" to an individual in return for that individual's services of any kind. Association A business entity of any kind, a labor union, a club or any other group of two or more persons ~other than the immediate family. Immediate Family A reporting individual, spouse, minor children, minor stepchildren or other person residing in the same household. Gift The payment or receipt of "anything of value" unless consideration of greater or equal value is provided in return. city Manaqe~ The person that heads up the administration of the operating govern- ment of Roseville. Section 3. Ethical Considerations. Public officials are to serve all persons fairly and equitably without regard to their personal or 'financial benefit. The credibility of Roseville government hinges on the proper discharge of duties in the public interest. Public officials must assure that the independence of their judgment and actions, without any consideration for personal gain, is preserved. -8541- , Page 3 ~t~on No. 8593 . : Specific ethical considerations are enumerated below for the guidance of public officials, but these do not necessarily encompass all the possible ethical considerations that might arise. a. Other offices or Em~lov~nt. An elected public official ~ shall not hold another incompatible office as that term has been interpreted from time to time by statute, the courts, and by the Attorney General. Employed public officials shall not hold such incompatible office nor shall they engage in any regular outside employment with- out notice to and approval by the city Council, in the case of the City Manager, and the City Manager in the case of other employed public officials. Elected and appointed public officials shall not hold other office or employment which compromises the.perfor- mance of their elected or appointed duties without dis- closure of said office or employment and self disqualifi- cation from any particular action which might be compro- mised by such office or employment. b. Use of Confidential Information. No public official shall use information gained as a public official which is not generally made available to and/or is not known to the public, to'directly or indirectly gain anything of V~U~. c. Solicitation of or Receipt of Anythin~ of value. A public official shall not solicit or receive anything of value from any person or association, directly or indirectly, in consideration of some action to be taken or not to be taken in the performance of the public official's duties. d. Holdinc ~nvestm~nts. No public official shall.hold any investment which might compromise the performance of the public official's duties without disclosure of said investment and self disqualification from any particular action which might be compromised by such investment, except as permitted by statute, such as Minnesota Statute 471.88. Representation of Others. A public official shall ncr represent persons or associations in dealings with the city in consideration of anything of value. Financial Interest. Where a public official or a me.~ber of the public official's immediate family has a financial interest in any matter being considered by the public official, such interest, if known to the public official, shall be disclosed by the public official. If the public official has such a financial interest or if the minor child of a public official has such a financial interest, the public official shall be disqualified from further participation in the matter. -8542- Resolution No. 8593 g. city PropertY~ No public official shall use city owned property such as vehicles, equipment, or supplies for personal convenience or profit except when such property is available to the public generally, or where such property is provided by specific city policy in the conduct of official city business. h- Special consideration~ No public official shall grant · ' n 'any special conslderat!o , treatment~ or advantage to any citizen beyond that which is available to every other citizen. i. ~ N° public official shall exceed his or her authority, or breach the law, or ask others to do so. j. Givinc Anything of Value~ No elected public official shall give anything of value to potential voters in~ return for their votes, promises, or financial, considera- tions Which would be prohibited by the State Minnesota Fair Campaign Practices statute. k. Public Funds, etc._ No public official shall use public ~unds, personnel, facilities, or equipment for private gain or political campaign activities. 1. ~ Public officials shall provide complete docu- mentation to Support'requests for expense reimbursement. Expense reimbursement shall be made in accordance with city policy. m. Donations. No public 'official shall take an official action which will benefit any person or entity because of a donation of anything of value to the city by such person or entity. n. officiai Acti. 0h~ No public official shall take an ~fficia! action which will benefit any person or entity where such public official would not have otherwise have taken such action but for the public official's family relationship, friendship, or business relationship with such person or entity. o. ComDliance with Laws. Public officials shall comply with all local ordinances and State and Federal Statutes including, but not limited to, the Criminal Code, Fair Campaign Practices Act, and laws governing the function- ing of municipalities, their elected and appointed officials, and employees. Section 4.. ~pecial Considerations- situations can arise where a member of a c°mmission~ a board, or th~ city council abstains from voting because of a conflict of interesl but his or her abstention becomes a vote either for or against the matter because a majority are required to pass or reject that matter. This can happen where four-fifths vote is needed to pass an issue, or the vote has to be a clear m~4ority and a split vote does not pass or -8543- reiect. 'o ~ o (D__~ / '. '~ol~t~on No. ~593 Rage 5 on this happens, the City Attorney must be consulted and the final vote should carry a public notice.explaining what took place, and how it was resolved. Section 5. Handlin~ Alleged Violations of Code of EthiCs. An Ethics Commission is hereby established. The Commission shall be composed of three individuals, two of whom shall be residents of the city and the third shall be a nonresident. Initial appoint- ments shall be for terms of one, two, and three years respec- tively. Thereafter, appointments shall be for three year terms. The city Council shall appoint a chairperson and secretary from tke Commission membership. Allegations of violations of this code against public officials, except employees who are subordinate to the City Manager, shall be referred to the Ethics Commission for investigation.~ Allegations . which may constitute a violation of a federal, state, or local statute shall be referred to the appropriate criminal authority, Results of the investigation of the Ethics Commission shall be reported to the City Council along with the Commission's recom- mendation for disposition. Thereafter, the City Council shall take appropriate, action which may include censure of a Council Member, discipline .of City Manager, or no action. The Commission shall conduct an organizational meeting during January of each year, and thereafter meet only at the request of the City Council or City Manager. Allegations against public officials who are subordinate to the City Manager including the Fire Chief and Assistant Fire Chief, shall be handled by the City Manager. The City Manager.may take appropriate disciplinary action against employees violating this code. ~ Section 6. Disclosure of Financial Interests. Not later than ninety (90) days after the date of approval of this code, each public official of the City shall file as a public record, in the office of the city Manager, a statement containing the following: A list naming all business enterprises known by the public official to be licensed by or to be doing~ business with the City in which the public official or any member of the public official's immediate family is connected as an employee, officer, owner, investor, creditor of, director, trustee, partner, advisor, or consultant; and A list of the public officials and members of the public officials' immediate family's interests in real property located in the City or which may be competing with the interests of the City located elsewhere, other than property occupied as a personal residence. -8544- Resolution No.. 8593 Each person who enters upon duty after the date of this code in an .office or position as to which a statement is required by Chis code shall file such a statement on forms to be provided by the City not less than thirty (30) days after the date of his/her entrance on dUty. Each person who made an initial filing shall file a new statement by January 30 of each year thereafter giving the information called for above as of the time of the new statement~ If a change in financial interest or property ownership occurs between filings, a new filing shall be made within thirty (30) days of the change. The interest of any member of the immediate family shall be considered to be an interest of a person required to file a statement by or pursuant to this ordinance. This code shall not be construed to require the filing of any informa- tion relating to any person's connection with or interest in.any pro- fessional society or any charitable, religious, social, fraternal, educational, recreational, public service, civil, or political orga- ni%ation, or any similar' organization not conducted as a business enterprise and which is not engaged in the ownership or conduct of a business enterprise. However, if any of such organizations seeking any action or benefit come before a Roseville commission or the Council, then membership in the organization shall ~e a potential conflict of interest and must be reported as such to the City Manager by the public official in an amended disclosure Statement- The other stipUlations of this code then apply. The City Manager shall inform each person who is required to file of the time and place for filing. The City Manager shal~ inform the Council whenever a person who is required to file a statement fails to do so. The motion for the adoption of the foregoing resolution was duly seconded by Member Maschka, and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Maschka, Thomas, and Rog, and the following voted against the same: None. W~EREUPON said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ) ss COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified City Manager of the. city of Roseville, County of Ramsey, State of Minnesota, do hereby certify that. I have carefully compared the attached and foregoing extract of minutes of a regular meeting of said City Council held on the 23rd day of July, 1990, with ,the original thereof on file in my office. WITNESS MY HAND officially as such Manager this 24th day of July, SEAL Steve~ Sa'r'~oz~', city Manage -8545- CITY OF ROSEVILLE DISCLOSURE OF FINANCIAL INTERESTS STATEMENT NAME ADDRESS PHONE NUNBER CITY POSITION The City of Roseville Code of Ethics (e'nclosed) provides that Roseville public officials shall file a Disclosure of Financial Interests Statement with the City Manager. Each person shall file the report within thirty days after assuming the position of a public official. Each person shall file a new statement by January 30 of each year thereafter during the time of service as a public official. If a change in financial interest or property ownership occurs between filings, a new filing shall be made within thirty days of the change. The interest of any member of the immediate family (spouse, minor children, minor stepchildren or other persons residing in the same household) shall be considered to be an interest of the public official. DISCLOSURE Names of all business enterprises known by you to be licensed by _or to be doing business with the City in which you'or any member of YOur immediate family is connected as an employee, officer, owner, ..investor, creditor of, director, trustee, partner, advisor, or consultant. -8546- Disclosure of Financial Interests Page' List your and members of your immediate family's interests in real property located in the City of Rosevi!le, Or which may be competing with the interests of the City located else- where, other than property you occupy as a ~ personal residence. If you have any questions regarding the Code of Ethics or this form, please contact the city Manager. Date Signed -8547- CITY'OF ROSEVILLE ETHICS COMMISSION HOW TO MAtCE COMPLAINTS HOW THE COMMISSION HANDLES COMPLAINTS II. III. Purpose of These Procedures In July, 1990, the Roseville city Council adopted a Code of Ethics for Public officials and created the Roseville Ethics Commission ("Commission").. The Council's Ethics Resolution No. 8593 is attached to these procedures. Under the Ethics Resolution, the Roseville Ethics Conunission is to: investigate ethics complaints that people may make against public officials as defined in the ~ Ethics Resolution, except complaints against department heads 'and assistant department heads. recommend to the City Council what the Council should do when a complaint has been made. These procedures explain how to make a complaint to the Roseville EthLcs Commission and how the Commission will 'handle the complaints it receives. (The City Manager is responsible for receiving and investi- gating ethics complaints against department heads and assistant department heads.) ,'ComD!ainant" And "Respondent" Defined .As used in these procedures: '~ "' person who makes a complaint "Complainan~ means a to the Commission. "Respondent" means the person the Complainant is complaining about. How To Start The Complaint Process ko Who may make a complaint? 1. Any person 18 years or older may make a complaint to the Commission. 2. A person 18 years or older may make a complaint based on information received from a person younger than 18 years of age. -8548- Can a person ask ~uestions and talk inf~ormall¥ with. t~ Commission before makinq a complaint? Before filing a complaint, a person may talk informally with a member of the Ethics Commission to discuss questions the person may have about these procedures and the complaint process. THIS STEP tS OPTIONAL. How does a person make a comDlaint? 1. To make a .complaint, the person complaining (the "Complainant") must first write down: a) the name of the person the Complainant is com- plaining about (the ',Respondent"); b) what the Respondent did that the Complainant believes was unethical; and c) a statement that the Complainant believes the complaint is true and not frivolous. The written complaint must be specific enough and understandable enough to enable the Commission to make a reasonable investigation. 2. The Complainant must then sign the complaint, print his or her name under the signature, and give an address and telephone number where the Commission can contact him or her. 3. 'The complainant must then bring or mail the~ com- plaint to the Roseville city Council, 2660 civic Center Drive, Roseville, MN 55113. 4. The .Commission will not act on anonymous complaints, ekcept..if an anonymous complaint accuses someone of a crime, the Commission will refer the complaint to the Roseville Police Chief. iV. How The Commission Responds to a Complaint A. Notice to the Respondent and the Complainant 1. As soon as the Commission receives a complaint, the Commission: a) will notify the Complainant in writing that the Commission has received the complaint and will give the Complainant a copy of these procedures; and b) will notify the Respondent in writing of the complaint and will give the Respondent a copy of these procedures and a copy of the complaint. 2 -8549- The Commission will give both the Complainant and Responden% a copy of: a) any recom/nendation the Cormmission makes to the City Council concerning the complaint; and b) any supporting reasons the Commission gives to the Council to explain the Commission's recom- mendation. The Commission's first decision--whether to qo forward with the complaint As soon as possible, but in any event within fourteen (14) calendar days after receiving a complaint, the Commission will meet t~ consider: a) whether the Respondent or Respondents named ~in the complaint are among the officials the Com- mission has the responsibility to investigate; b) whether the behavior described in the complaint would, if true, be a violation of the Code of Ethics; and c) whether the complaint itself meets the require- ments of Section Iii of these procedures. The C~mmission will not dismiss a complaint for being vague or lacking specifics without first explaining its concern to the Complainant, and asking the Complainant to clarify the complaint. Otherwise the Commission will ordinarily make the decision based on the written complaint and will not receive oral testimony or other information from the Complainaht or Respondent. The Commission meeting is, however, open to the public, including the ~omptaiqant and Respondent. If the answer to one o~ more of these questions is "no" the Commission will recommend that the City Council dismiss the complaint and will explain, in writing, its reasons for the recommendation. The Commission will send or give both the Complainant and Respondent a copy of the Commission's recommendations and reasons. Through one or more of its members, the Commission will present its recommendation and reasons at a Council meeting. If the answer to all four of the questions is "yes" the Commission will consider the complaint further, as explained in Section IV - C of these procedures. -8550- The Commission's further handlin~ of the ~omplaint ~ 1. When the Commission further considers a complaint, the Commission may take any of the following actions: a} meet to discuss the complaint; b) request a written response from the Respondent; request further written information from the complainant or Respondent; request written information from "third parties" (that is--people or organizations other than the Complainant and Respondent); · e) authorize one of its members to communicate with the Complainant, the Respondent, or third par~ ties; f) .hold a public hearing with witnesses testifying under oath. e If the Commission has budgeted funds available, the Commission may retain private investigators, special counsel, or other experts to assist with the investigation or other consideration of a complaint. The. Commission's recommendation to the City Council When the Commission finishes its further consideration of a complaint the Commission will, in writing: recommend to the Council, what the Council should do with the complaint; and give~. ~he~ Commission's reasons for the recommenda- tion. The Commission' will send or give a copy of its recommendation and reasons to the Complainant and Respondent. Through one or more of its members, the Commission will present the recommendation and reasons at a Council meeting. Referral for Criminal Investication If at anytime during the handling of a signed complaint, the Commission has reason to believe that an official the Comanission has the responsibility to investigate may have committed a criminal offense, then the Commission will refer the matter to the appropriate authority for investigation. -8551- VI. VII. Until the end of that investigation and any resulting l~rosecution, the Commission will take no further action on the complaint. At the end of that investigation and any resulting prosecution, the Commission will again consider the complaint. Procedures For Commission Meetings A. Meetings The Chair or two members of the Commission may schedule a meeting on reasonable advance notice to other members of the Commission. B. Quorum A quorum is two members of the Commission. C. Member particiDation by teleDhon~ A member may participate in a meeting by telephone and may vote by telephone, but may not be counted toward the quorum. D. QDen meeting requirement~ Ail meetings of the Commission will be open to the public unless: a) State statute permits a meeting to be closed; and b) the Commission, by majority vote, decides to meet in Executive Session. If the Commission does hold an Executive Session, the Commission will either tape record the session ~r arrange for verbatim minutes. Public Nature of Information The Commission will treat as public data all written information received, considered, or generated by the Commission except when the Commission receives a written legal opinion from its attorney, stating that particular information or types of information are not public. Adopted June 4, 1991 Revised February 14, 1992 Revised July 23, 1993 Revised September 14, 1993 -8552- -8553- -8554- CITY OF BLAINE CODE OF ETHICS INFORMATION Ethical standards are essential to the public affairs of the City. The purpose of the Code of Ethics is to establish ethical standards of conduct for City officials by setting forth those acts or actions that are incompatible with the best interests of the City and by directing disclosure by such officials of private, financial, Or other interests in matters affecting the City. By doing this, the Council hopes to promote the faith and confidence of the citizens of the City in their government. The following information is disclosed in compliance with the City of Blaine Code of Ethics adopted on August 2, 1979, and is applicable to all members of the City Council, Charter Commission, all advisory and committee members and top level City employees defined as the City Manager, City Attorney, and supervisory City employees, specifically Director of Public Works, Police Chief, Director of Community Services, Director of Administrative Services, City Clerk, Director of Community Development, and Building Official. REAL PROPERTY OWNED IN THE CITY OF BLAINE ' City enyEIoyee, List all real property owned or being purchased l~y the Counciimember, Commissioner, or covered spouse, or minor child, or in which he has a legal or equitable title. The actual value of any propert is not required. Include homestead property. Prooert,~ Location Owner of Property ASSETS, Identify all ownership or interests in corporation or other business enterprises or agencies doing business with the City of Blaine. Name of Organization: (Additional Information requested on other side) -8555- AFFILIATIONS Corporations, proprietorships, partnerships, labor unions, or associations with organizations doing business with the City of Blaine with which Councilmember, Commissioner. or covered City employee has an affiliation as officer, director, proprietor, partner, or employee (including such position held by spouse). Name of Orqanization Position Held Compensation Involved Yes or No Signature Title Date Received and filed in the Office of the City Clerk this day of ,19 Joyce Twistol, CMC, City Clerk -8556- 105.00 (amended 12/13/93, Section 105 - Code of Ethics O. rd. 93-667) 105.00. Purpose. The City Council of the City O~tonka confirms its determination that ethical standards amon~~___~ members, as well as the members of the various commissions of the City of Minnetonka, are essential to .the public affairs of the City. The standards of conduct herein set forth are intended to serve as a guideline for the members of the City Council and the commissioners in carrying out their .duties. By eliminating conflicts of interest and providing a guide for conduct in City matters, the City Council hopes to promote the faith and .con- fidence of the citizens of Minnetonka in their government, and to encourage its citizens to serve on its Council and commissions. · 105.05. Standards of Conduct. 1. No Council member or member 'of any board or commission, shall use such position to secure special privileges or exemptions for such person or others. ~xcept as permitted by %aw, a Council member or members of a board or commission-must disclose a potential conflict of interest for the public-record and refrain from'participating in the discussion and vote, when a matter comes before that person which: a. Affects the pers6n's financial interests or those of a business with which the person is associated, un- less the effect on the person or business i~ no greater than on other members of the same business classification, profession or oc6upation, or b. Affects the financial interests of'~n organization in which the person participates as a member of the governing body, unless the 'person serves in that capacity'as the City's representative· No' Council member or member of a board, or commission shall act as an agent or attorney for another in any matter before the City Council or any board or comm~s- sion in which a conflict of interest exists o~ may exist. No Council member or member of any board or commission shall knowingly receive, accept, take, seek*,' or solicit, directly or indirectly, any gift or loan for himself, herself, or another which is prohibited by state law (Minn. Stat. 471.895). (amended 8/8/94, Ord. 94-690) - 15 - -8557- lOS.OS ~O Council member or mem~-'of any'board or commission may solicit or accept, and no person may offer or pay to a public official or employee, compensation or reimbursement for expenses for the performance of the persons' public duties, except: Compensation and expenses paid by the City. Compensation and expenses from other employment, if the outside employment does not interfere with, influence, or compromise the person's public position, and c. Compensation'and expenses' paid by another governmental agency or municipal association to a Council member or member of a board or commission who serves as. a City representative on or for that agency, but only if the City does not also pay the person for the same activity. No Council member or member of any board or commission may use public money, time, personnel, facilities, or equipment for private gain or political campaign activities except when: a. the use is required or authorized by law, or b. the use is no greater than that allowed for members of the general public. This paragraph does not prohibit correspondence at any time to individual residents in response to the - 16 - -8558- 105.10 resident's specific inquiries, or general surveys of residents which are conducted before the time of filing for candidacy for elected office on the Council. No Council member or member of a board or commission may disclose to the public, or use for the private gain of self or others, information which was gained by reason of the official's public position and which is not public data. .Further, no Council member or member of a board or commission may'disclose information received, discussed, or decided in conference with the Council's or board's attorney which is protected by the attorney/client privilege, unless a majority of the Council or board has authorized that disclosure. No Council member or member of any board or commission shall enter into any contract with the City of Minnetonk~, unless authorized by law. 'Any Council member or member of a board or commission who has a proprietary interest of 10 percent or more in an agency doing business with the City shall make known that interest in writing to the City Council and the City Clerk. 105.10. Disclosures. Within 30 days after taking the oath of office or being appointed to a position, each Council member and member of a City board or commission shall file a report with the City Clerk on a form prepared by the clerk, which contains the information specified below for the preceding year. Thereafter, each person shall file a supplemental report on the first day of February of every year and Within 30 days after any change in information provided under paragraph '5. The information shall be for the individual, the individual's spouse, and all minor children (collectively referred to below as "person"). 1. Any business entity in which the person is an officer, director, member, or employee, and the position held. Any business .entity in which the person has an ownership interest, ei'ther legal or equitable, g~eater than 5%. e Ail sources of income, compensation, fees, or commissions which are received from employment, for services rendered, or from pensions, except the.employment of minor children. Ail non-profit organizations in which the person serves on the governing body, and the position held, except if serving in that capacity as the City's representative. Ail real property within the City owned by the person or in which the person has a beneficial interest and which has an assessed valution in excess of $10,000. The person's homestead need not be included. The .term "business entity" includes any business, pro- prietorship, firm,, partnership, person .in representative or fiduciary capacity, association, venture, trust or corporation. - 17 - -8559- 105.15 105.15. Hearing. Upon the written complaint of any person questioning adherence to these principles or alleging a conflict of interest or failure to file a required disclosure statement, or on the Council's own volition, the Council may hold a hearing thereon at which the person so accused shall have opportunity to be heard. A hearing shall be held only if the City Council determines (1) upon advise of the City Attorney, designee or other attorney appointed by the Council, that the allegations rise to the level of a violation of these principles or to the level of a legally- recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. If after the hearing, the Council finds that a conflict of interest, failure to file a required disclosure, or violation of these principles does exist as herein defined, the CounCil may take whatever action it deems appropriate including but not limited to referring the matter 'for criminal prosecution, imposing a civil penalty not exceeding $2,000 per violation, directing an official not to'participate in a decision, or removing an appointed member of an advisory board or commission from office. - 18 - -8560- AMM FAX tt July 23 - 27, 2001 Association of Hetropolitan Hunicipalities TAB and MnDoT Begin Project Solicitation Process The Transportation Advisory Board (TAB) and the Minnesota Department of Transportation (MnDoT) have requested applica- tions for the next round of federal transportation funding. MnDot is soliciting applications for projects in the categories of hazard elimination safety, bridge improve- ment replacement and rail crossing safety, Information that describes the categories and the qualifying priority criteria can be found on MnDoT's web site at www.dot.state.mn,us/ metro/federalfunding/or by calling Brian Vollurn at (651) 582-1408 or (651) 602-1748. The TAB is directly soliciting appli- cations in eight other categories. The Metropolitan Council approved the Met Council Discusses 2002 Levy In preparation for its 2002 budget, the Metropolitan Council recently re- viewed its levy limits. The Council has an authorized levy for general op- erations, highway right-of-way, livable communities and debt service. The 2001 legislature eliminated the transit operating levy. For 2002, the Council's maximum allowable levy for everything except debt service is $26.3 million. This reflects a 13.96% increase over their $23.09 miltion certified levy in 2001. With debt ser',,ice, the total levy would be $59.385 million. The 2001 total levy, excluding the transit operating levy, was $51.101 million. The Council will propose a maximum few amount in September. Has your city completed a Natural Resources Inventory?, The Metropolitan Council is in the process of compiling a regional-natu- ral resources inventory (NRI), which should be completed by the end of this year. AMM is aware that several cities have already completed or are in the process of completing an NRI of their own. If you are one of these cities, please complete the following form and fax it to Kris Wilson at (651) 281-1299. City: Year NRI Completed: Contact Person: Phone: Cost and Funding Source(s);_ TAB solicitation process on July 18. For more information regarding the TAB process and to obtain a copy of the application materials either call Kevin Roggenbuck at (651) 602- 1728 or visit the Met Council's website at www.metrocouncil.or.cj. The deadline for submitting applica- tions to both MnDot and TAB is Au- gust 31,2001. Tax Increment Financing Reports due August 1, 2001 Just a reminder -- the annual tax in- crement financing (TIF) reporting forms are due to the Office of State Auditor (OSA) on or before August 1, 2001. It is important to note that the format for the published disclo- sure statement has changed. Cit- ies should refer to OSA's instructions for a sample of the new format, AMM News Fax ls faxed to all AMM city managers and administrators, leg- islative contacts and Board members. Please share this fax with your mayors, councllmembers and staff to I~eep them abreast of important metro ci~y issues. 145 University Avenue West St. Paul, M/V 55103-2044 Phone: (65I) 215-4000 Fax: (651) 281-1299 E-mall: a~mm145.org <- xe~I i~!tl 6I:gI:I,I IilgZ EZ ZSg JO Z88 aa~cI uosu~H s!pu~! -8561- ~u! Z? Z801 15:30:Z3 ~ ~× -> X~M~s X~nson AMM FAX July 23 - 27, 2001 (no. 2) Page 88Z 0£ 80Z A sociation of Hctropolitan Hunicipalities AMM Policy Committees To Meet With Legislators, Builders and Housing Advocates During the week of July 30 the AMM policy committees will meet with several speakers to review legislation and discuss topics rang- ing from inclusionary housing to lo- cal government aids. Non-commit- tee members are welcome to attend and participate in the discussion. All meetings will be held in the St. _roix Room of the LMC/AMM Build- g at 145 University Ave W. in St. Paul. The line-up of speakers for each committee is listed to the right. If you are not a committee member, but plan to attend any of these meet- ings, please let us know by calling Laurie Jennings at (651) 215-4000. The Metropolitan Agencies, Trans- portation and Housing & Economic Development Committees are all bring-your-own, brown-bag lunch meetings. AMM Fax Ntws. is foxed to ali AMM city managers and administrators, leg- islative contacts and Board members. Please share this fax with your mayors, councilmembers and staff to keep them abreast of important metro city issues. 145 University /lvenue FYest .f£ t~aul, MN 55105-2044 Phone: (651) 215-4000 Fax: (651) 28lo1299 E-maE: a~rnml 4$.org Metropolitan Agencies (Tues. July 31; 1.1:30 a.m. - .1:30 p.m.) Speaker: Eli Cooper, Director of Planning & Growth Management for the Metropolitan Council Mr. Cooper will discuss the Met Council's work on a new Regional Blueprint and plans for conducting a Natural Resources Inventory, Municipal Revenues & Taxation (Tues. July 3.1, 2:00 - 4:00 p,m.) Speaker'. Senator Ann Rest (DFL-New Hope) Senator Rest will discuss the future of Local Government Aid (LGA), including the prospect for significant formula changes during the 2002 or 2003 legislative sessions. Transportation & General Government (Wed. Aug. 1; noon - 2:00 p.m.) Speaker:. Rep, Sharon Marko (DFL-Cottage Grove) Representative Marko will share her thoughts on the future of transpor- tation funding, the ongoing battle between roads and transit and the competition for dollars between urban and rural Minnesota. Housing & Economic Development (Thurs. Aug. 2; 11:'15 a.m. - 1:15 p. rn. ) Speakers: Tom McEIveen, Rui[ders Assoc. of the Twin Cities (BATC) Remi Stone, League of Minnesota Cities IGR Dept. Russ Adams, Director, Alliance for Metropolitan Stability This panel of speakers will discuss building fees, the "Builders Bill" (Laws 2001 Chapter 207) and inclusionary housing. Need Help Explaining Property Tax Reforms? AMM has prepared several papers explaining the recent property tax reforms and other laws enacted by the Legislature. They are available online at www,amm145,org or by calling Laurie Jennings at (651) 215- 4000. In addition to the papers, a brief, plain-English explanation of what the reforms mean for citizens is also available by calling the AMM office. The explanation is intended to assist elected officials and city staff in discussing the reforms with citizens. It is currently formatted as a "Dear Taxpayer" letter and can be sent to you electronically for printing on your city's letterhead or you are welcome to modify it to suit your needs. -8562- TOTRL P,02 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, July 25, 2001 Tonka Bay City Hall CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Foster READING OF MINUTES- 6/27/01 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) CONSENT AGENDA- Consent Agenda items identified with a (*) will be approved in one motion unless a Board member request discussion of any item, in which case the item will be removed from the consent agenda. PUBLIC HEARING · Bayview Charter Cruises, new on-sale intoxicating Liquor License application for the. charter boat, Escalade. · Public Hearing · Discussion and/or Consideration 1. EWMIEXOTICS TASK FORCE A) (*) Minutes from the 6/8/01 EWM/Exotics Task Force Meeting; B) Staff update on 2001 EWM Harvesting Program (handout); C) Discussion of "Let's Keep Zebra Mussels Out of Lake Minnetonka" Proposal; D) Additional Business; LAKE USE & RECREATION A) Hennepin County Sheriff's Office Water Patrol, update on 2001 boating and recreational activities on Lake Minnetonka; B) Escape Charters, consideration or request for refund of $150 application fee for the charter boat, Escape; C) Additional Business; 3. FINANCIAL A) Audit of vouchers (7/1/01-7/15/01 & 7/16/01-7/31/01); B) (*) June financial summary and balance sheet; -8563- C) Additional Business; 4. WATER STRUCTURES A) Excel Marina (Site '1), consideration of new multiple dock license and special density license applications for 78 Boat Storage Units (BSU's) on 784' of continuous shoreline (previously tabled at the 2/28/01 Regular Board Meeting); B) Excel Marina (Site 2), consideration of new multiple dock license and special density license applications for 12 Boat Storage Units (BSU's) on 129' of continuous shoreline (previously tabled at the 2/28/01 Regular Board Meeting); c) Walden Tract X, staff recommends the Board deny the pending new multiple dock license application to re-configure the non-conforming facility (previously discussed at the 5/9/01 Regular Meeting); D) Walden Tract Y, staff recommends the Board deny the pending non-conforming, non-multiple dock license application to re-configure the non-conforming facility (previously discussed at the 5/9/01 Regular Meeting); E) Additional Business; 5. ADMINISTRATION A) Staff update on vacant Administrative Assistant position; B) Staff update on status of improvements to LMCD computer operations (handout); C) Additional Business; 6. SAVE THE LAKE 7. EXECUTIVE DIRECTOR REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10'ADJOURNMENT -8564- DRAFT LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, June 27, 2001 Tonka Bay City Hall CALL TO ORDER Chair Foster called the meeting to order at 7:00 p.m. ROLL CALL Members present: Bert Foster, Deephaven; Craig Nelson, Spring Park; Tom Skramstad, Shorewood; Lili McMillan, Orono; Craig Eggers, Victoria; Tom Gilman, Excelsior; Paul Knudsen, Uinnetrista; Herb Suerth~ Woodland; Katy Van Hemke, Uinnetonka; Sheldon Wert, Greenwood. Also present: Chades LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd. Harper, Administrative Technician. Members absent: Andrea Ahrens, Mound; Bob Ambrose, Wayzata; Tom Seuntjens, Minnetonka Beach. CHAIR ANNOUNCEMENTS, Chair Foster Foster stated that the 7/11/01 LMCD Regular Board Meeting has been cancelled. READING OF MINUTES- 5/9/01 LMCD Regular Board Meeting 6/13/01 LMCD Regular Board Meeting MOTION: Babcock moved, Skramstad seconded' to approve the minutes from the 5/9/01 and 6/13101 Regular Board Meetings as submitted. VOTE: Motion carried unanimously. pUBLIC COMMENTS- Persons in attendance, subjects not on the agenda. There were no comments from the public on subjects not on the agenda. CONSENT AGENDA- Consent agenda items identified with a (*) will be approved unless a Board member requests discussion of any item, in which case the item will be removed from the consent agenda. Nelson moved, Suerth seconded to approve the consent agenda as submitted. NYbeck requested that agenda item 3A be removed from the consent agenda because the minutes from the 618101 EWMIExotics Task Force meeting had not been finalized. Nelson and Suerth agreed to this. Motion carded unanimously. Items for approval include: 2B, May financial summary and balance sheet, and 4A, 'Big'. Island Veterans Camp, staff l~ecommends approval of 2001 renewal, without change, multiple dock license application. 1. SAVE THE LAKE A. Power Point Presentation of "Save the Lake" ShOreline BUffer Program. MCMilian introduced Connie Fortin from Fortin Consulting, Inc. that prepared the Power POint presentation on shoreline buffer alternatives. -8565- Lake Minnetonka Conservation District 'Regular Board Meeting June 27, 200'1 Page2 Fortin thanked the Board for its financial assistance of"Save the Lake" funds that allowed her to prepare the Power Point presentation, She revieWed the presentation and entertained comments or questions from the Board. Comments by Board members included: · Balancing shoreline buffer alternatives with rip-rapping on Lake Minnetonka is needed. The presentation should not threaten those residents on the Lake who decide to enhance their shoreline through rip-rapping that meet the MN DNR standards. Plantings of native vegetation alternatives.can supplement existing rip-rap by providing an additional transition to the water, · There is a need to promote improving runoff to the lake, the use of phosphorous-free fertilizers, and the use of native plant rain gardens. ~ · This presentation could be given to those residents participating in the Grays Bay Task Force. ' · The Board discussed the costs of dp-rap versus natural vegetation projects. · Distinguishing the various shoreline types on Lake Minnetonka should be included in this presentation, especially bluff zones, and there is a need to identify the difficulty of natural vegetation projects in these shoreline types. · Vegetation project costs and the factors that could impact them were discussed, with labor being identified as the major project cost. · There is a need to forward this presentation to the 14 LMCD member city councils with specific recommendations and suggestions, including a possible ordinance amendment. · The Board complimented the efforts of Fo~tin and encouraged her to bdng back the finalized Power Point presentation for review at a future meeting. B. Consideration of PFD Request from Hennepin County Shedffs Office Water Patrol, Foster provided an overview of the request from the Water Patrol. The Water Patrol has indicated that there is a need to purchase life jackets this year and they are looking for feedback from the Board on the use of "Save the Lake" funds for this purchase. After disCussing the request with Sgt. EriCkson, the request has been amended for inflatable life jackets, which are U.S. Coast Guard approved, that should :be comfortable for them to wear. The Water PatrOl has checked out the new automatically inflatable life jackets, With the harnesses, and he reported that the Water Patrol is excited about them. Foster recommended the Board consider the purchase of 25 inflatable life.jackets for the Water Patrol at a cost of approximately $15'1 each, compared to the normal price of $199 a each. Comments by Board members inCluded: 0 The Distdct has historically budgeted for the use of "Save of Lake" Dnds for the purchase of some equipment to enhance the efforts of the Water Patrol. In 2001, there was no "Save the Lake" allocated for the purchase of.public .safetY equipment because these funds were already dedicated for the two additiona! full-time DePuties for the 200i boating season. Because .the proposed Project cost is estimated at approximately 58% of the odginal estimated cost, the reduction in funds could possibly be used for the purchase of new life jacketsl Concern was raised by some Board members because the purchase of life jackets was not budgeted for 2001 and there is a need to minimize negative spending. Concern was raised about whether the insurance company for Hennepin County will allow the Water Patrol to wear the inflatable life jackets 24 hours a day, especially dudng the evening hours, Some Board members believed more information should be provided by the Water Patrol. -8566- Lake Minnetonka Conservation District Regular Board Meeting June 27, 2001 Page 3 · A reduced pumhase was discussed from the recommended 25 life jackets, with the possibility of purchasing additional life jackets at a later date. MOTION: Knudson moved, Babcock seconded to approve up to $1,000 of "Save the Lake" funds for the Water Patrol to purchase life jackets of their choice. Foster stated that he would oppose the motion because he believed the Distdct should not make purchases for the Water Patrol just to supplement the Hennepin County Budget. The District has purchased specialized equipment for the Water Patrol in the past and he believed the automatically inflatable life jackets would be a similar purchase. Babcock recommended a friendly amended that the words "automatically inflatable" be added to the motion. Knudsen agreed to the friendly amendment, adding he would like language added that requires the Water Patrol to provide a letter indicating that the appropriate officer who deals with liability issues has approved the use of automatically inflatable life jackets by the Water Patrol on Lake Uinnetonka. Babcock agreed to this, adding he believed the life jackets should be capable of being used 24 hours a day, Nelson expressed concern about fiscal responsibility by the. Board, noting he would oppose the motion. Babcock stated that he believed the issue for the Board to decide is-how much "Save the Lake" funds are to be dedicated to the Water Patrol, keeping in mind a significant contribution has already been committed for increased Water Patrol presence for the 2001 boating season. VOTE: Ayes (6), Nayes (5; Babcock, Gilman, Nelson, Skramstad, and Van Hercke); motion carded. C, Additional Business. There was no additional business. 2, FINANCIAL A. Audit of vouchers (6/16/01 - 6/30/01). Skramstad reviewed the audit of vouchers as submitted. MOTION: Eggers moved, Gilman seconded to approve the audit of vouchers as submitted. VOTE: Motion carded unanimously. C. Review of draft 2002 LMCD Budget. Skramstad stated that he was working with staff to finalize a cover memo that will summarize the adopted 2002 LMCD Budget. Babcock asked if any new feedback was received from the member cities since the 6/13/01 Board meeting. Nybeck stated that feedback was received from the City of Minnetonka and that a copy of their comments was included in the Board packet. At the 6/13/01 Board meeting, the Board adopted and certified the 2002 -8567- Lake Minnetonka Conservation District Regular Board Meeting June 27, 2001 page 4 LMCD Budget, subject to further review if comments were received by the 6/27/01 Board meeting, and directing staff to forward the adopted budget to the member citieS, with cover memo, by Friday, 6/29/01. UcMillan stated that Orono Would like an explanation of whY the District has a reserve fund policy of 12 months for the EWM/Exotics Budget. m No further action was taken by the Board. D. AdditiOnal Business. There was no additional business. EWMIEXOTICS TASK FORCE B. Staff update on 2001 EWM Harvesting Season. Harper stated that the harvesters were launched on 6/15/01, with harVeSting cOnducted in the Phelps and Carmans Bay areas of the lake on the week of 6/19/01 through 6/22/01. Because of minimal weed harvesting during this week, harveSting Operations were suspended for the week of (~/25t0~1 thrOugh 6/29/01. Harvesting is planned to begin again on 7/2/01 and 7/3/01 in the Crystal Bay/North Arm based on scouting the lake with Todd Grams, EWM ProjeCt Supervisor, to eValuate weed growth. Depen'd ng o~ growth of milfoil in the near future, there might be some overtime or late season harvesting authorized. Additional Business. There was no additional business. WATER STRUCTURES B. Ordinance Amendment, First reading of an ordinance amendment updating references in LMCD Code to Minnesota Statutes. LeFevere stated that the proposed ordinance amendment was suggested by the Prosecuting Attorney for the District and would technically correct references in LMCD Code to Minnesota Statutes. He recommended the Board approve first reading of the ordinance amendment, waive second and' ~irCl readingS of it, and adopt the ordinance amendment. MOTION: VOTE: Wert moved, Nelson seconded to approve first reading of the ordinance amendment as submitted, to waive second and third readings, and to adopt the ordinance amendment. Motion carried unanimously. C. Additional Business. There was no additional business. 5. LAKE USE & RECREATION There was no discussion. -8568- Lake Minnetonka Conservation District Regular Board Meeting June 27, 2001 Page 5 6. ADMINISTRATION There was no discussion 7. EXECUTIVE DIRECTOR REPORT Nybeck made the following comments: · A quarterly Executive Director Newsletter was recently sent out to the Mayors and City Administrators of the 14 LMCD Member Cities. A copy has been included in the Board member handout folders for informational purposes to report to their city council. · The Lake level as of 6127101 was 929.91' NGVD. 8. OLD BUSINESS LeFevere stated that staff has conducted the follow-up directed by the Board at its 6/13/01 Regular meeting on the docking situation in Grays Bay. There is further need to discuss this potential pending litigation and he recommended the Board close the meeting and convene into Executive Session to discuss the potential pending litigation with Debra Hedlundl MOTION: Wert moved, Skramstad seconded to close the meeting and convene into Executive Session to discuss potential pending litigation with Debra Hedlund at 8:50 p.m. VOTE: Motion carded unanimously. MOTION: Babcock moved, Nelson seconded to close the Executive Session and reconvene the Regular Board meeting at 9:12 p.m. VOTE: Motion carried unanimously. 9. NEW BUSINESS Skramstad stated that he believed it would be beneficial for Board members to dde on one of the harvesters prior to a Board meeting, possibly at 5:30 p.m. He added that he would the Board to re-visit the "High-Water" emergency ordinance in the near future to evaluate whether the lake levels that trigger the emergency should be lowered. 10. ADJOURNMENT Them being no further business, the meeting was adjourned at 9:16 p.m. Albert Foster, Chairman Lili McMillan, Secretary -8569- ..DRAFT LAKE MINNETONKA CONSERVATION DISTRICT EWM/EXOTICS TASK FORCE MINUTES 8:30 a.m., Friday, June 8, 2001 LMCD Office, 18338 Mtka Blvd.,' Deephaven, MN ......................... pres~-nt;. '~jOhn Barten, Hennepin 'parks;'chip-wellin~,--MN DNR; RaY Newman, U of M Fisheries; Tony Brough, Hennepin County Environmental Services; Dick Osgood, Ecosystem Strategies representing the Lake Minnetonka Association (LMA); Greg Nybeck, LMCD Executive Director. Minutes. The Task Force reviewed and accepted the minutes from the 4/13/01 EWM/Exotics Task Force meeting as submitted. Discussion of 2001 LMCD Eurasian Watermilfoil (EWM) Harvesting Program. Nybeck provided an overview of the 2001 EWM Harvesting Program: · A summary of the 2000 season was provided, noting that a new harvester was purchased and four new recommendations from the EWM Harvesting Program Working Group were implemented. These recommendations included: 1) launching the harvesters in the water earlier, 2) operating five harvesters rather than :four, 3) Operating these harvesters for 48 hours per week rather than 40 during the peak season, and 4) operating a reduced crew from mid August through Labor Day. Everything went well other than some budget overruns. · The EWM Harvesting Program Working Group evaluated the 2000 seaSon this past winter and made recommendations for 2001, Which have been reviewed and accepted by the Board of Directors. These recommendations include: 1) launching the harvesters in the water when the crew arrives in mid June, 2) launching five harvesters in the water; however, staff for only four of them, 3) operating these harvesters for 40 hours per week dudng the peak season, and 4) operating a reduced crew at the end of the season if the budget allows for additional expenditures. This Will result in the number of full-time positions in 2001 from 11 to seven, with JUdd Harper tO be the Project Manager. · The harvesters are planned to be launched on Thursday, 6/15/01, with training planned in the office and on the water. The South Upper Lake Option is planned, with harvesting to commence in the Phelps Bay area. A combination of clear-cutting and channel-cutting Will be utilized, with no chemical treatments planned for the selected public accesses. Permits from the MN DNR have been secured for the mechanical harvesting and chemical treatments of selected accesses, although the latter will not be done 'in 2001. · Other changes made for 200t include the pUrchaSe of a new pick-up, the purchase of an enclosed trailer, and a new day-to-day mechanic. He entertained comments or feedback from the Task Force. Comments were received from the Task Force on the 2001 LMCD EWM Harvesting Program. They include: · The Army Corps of Engineers has a model called "Harvest" and the LMCD should consider reviewing it to see if aspects could be implemented. · Limited fragmented weeds have floated into the Spdng Park Bay public access area. -8570- EWM/EXOTICS TASK FORCE, 6/8/01, PAGE 2 · Weed growth, to date, is limited because of higher lake levels and cooler weather. · Water quality is generally consistent with recent years, Discussion of Lake' Minnetonka Association (LMA) Proposal for Lake Minnetonka, Nybeck stated that he and Exotics Task Force Chair Herb Suerth had recently met with Osgood to discuss a proposal, possibly for 2002, regarding zebra mussel prevention for Lake Minnetonka. He asked for an overview of the proposal from Osgood. Osgood stated that he believed the LMA representatives would support an initiative to be more aggressive and proactive in conducting activities to keep zebra mussels out of Lake Minnetonka. This should be a combined effort of the LMA, the LMCD, and the State of Minnesota, with a more comprehensive and systematic approach to keep zebra mussels out of the Lake. He concurred it is too late for 2001; however, plans need to be commenced for 2002. The proposal would include probably a "Lake Management Type Forum" with the need to clarify further details. These details include: 1) establishment of goal(s), 2) establishment of a time schedule, 3) establishment of a work plan, and 4) establishment of a tentative budget. He entertained comments or feedback from the Task Force. Comments were received from the Task Force on the LMA proposal. They include: · Educational efforts are well-worthy; however, they have limited effectiveness in reducing the introduction of zebra mussels into Lake Minnetonka. The efforts that could come out of the proposal could reduce the likelihood of introducing zebra mussels into Lake Minnetonka. · There is a significant amount of work that needs to be done on finalizing the proposal off-line, with a more detailed proposal to be brought back to a future EWM/Exotics Task Force meeting. · Within the last four years, this Task Force has generally conducted the brainstorming of ideas that would be done by the stakeholders in the proposal. Unless it would be politically correct to require mandatorY inspection and/or pressure wash of all watercraft that enter Lake Minnetonka, this proposal might not be worth the effort. A policy by the LMCD or LMA requiring mandatorY inspection and/or pressure washing of all watercraft could be a driving point for attendance and participation from the public. · There was discussion on balancing the dght for free public access to Lake Minnetonka versus the idea of restricting free public access by requiring all watercraft to be inspected and/or pressure washed. · VoluntarY and cooperative compliance should be one of the goals of this proposal rather than the adoption of additional regulations. Possible stakeholders were discussed by the Task, Force and there current cooperation with LMCD regulations regarding zebra mussel prevention into Lake Minnetonka. The consensus of the Task Force was for Osgood to work with Nybeck and Suerth to finalize the proposal and to bring it back to one of the next EWM/Exotics Task Force meetings. Agency Reports. Welling reported on the following: · Five new bodies of water have been identified as infested with Eurasian Watermilfoil in the State of Minnesota, bring the total 126. This includes three in Carver County, one in Hennepin County, and one in Washington County. · This has been a relatively slow spring due to the cool and cloudy weather. -8571 - EWM/EXO'J'ICS TASK FORCE, 6/8101, PAGE 3 · There is continued evaluation of the fluridone treatments that is being conducted on selected lakes. Newman reported on the following: · An Aquatic Plant Society Meeting is scheduled in Minneapolis from 7/15 through 7/18. He suggested that a representative of the LMCD might want to attend some of the meetings scheduled. · There is a minimal amount of Eurasian Watermilfoil growth in Smiths Bay to date. · A large number of weevils have been observed on Otter Lake to date. Area-wide Lake Association Reports. Osgood reported on the following: · The most recent LMA Newsletter was circulated to Task Force members. · The LMA continues to be quite active in assisting the funding of the Excelsior 4t~ of July Fireworks Display. · LCMR funding for the Lake Minnetonka Citizens Monitoring Program expires at the end of June. · The LMA plans on conducting work to determine whether Eurasian Watermilfol is good for Lake Minnetonka. Old business. There was no old business. New business. There was no new business. Adjournment. There being no further business, the meeting was adjourned at 10:45 a.m. Respectfully Submitted, Gregory S. Nybeck Executive Director -8572- BOARD MEMBERS Bert Foster Chair, Deephaven Craig Nelson Vice Chair, Spring Park Lili McMillan Secretary, Orono Tom Skramstad Treasurer, Shorewood Andrea Ahrens Mound Bob Ambrose Wayzata Douglas E. Babcock Tonka Bay Craig Eggers Victoria Tom Gilman Excelsior Paul Knudsen Minnetdsta Tom Seuntjens Minnetonka Beach Herb J. Suerth Woodland Katy Van Hercke Minnetonka Sheldon Weft Greenwood LAKE MINNETONKA CONSERVATION DISTRICT 18338 MINNETONKA BLVD. · DEEPHAVEN, MINNESOTA 55391 · TELEPHONE 952/745-0789 · FAX 952/745-9085 Gregory S. Nybeck, EXECUTIVE DIRECTOR August 2, 2001 TO: FROM: SUBJECT: EWM/Exotics Task Force Members Greg Nybeck, Executive Director ~,~/~ Notice of Cancelled Meeting Chair Suerth has cancelled the EWM/Exotics Task Force Meeting scheduled for Friday, 8/10/01. The next EWM/Exotics Task Force Meeting is scheduled for Friday, 9/14/01. Feel free to call the District office if you have any'questions or concerns regarding this matter. 50% Recycled Content 20% Post Consumer Weste Web Page Address: http://www.lmcd.org E-mail Address: Imcd@lmcd.org -8573- BOARD MEMBERS LAKE MINNETONKA CONSERVATION DISTRICT 18338 MINNETONKA BLVD· · DEEPHAVEN, MINNESOTA 5539~ · TELEPHONE 952/745-07B9 · FAX 952/745-9085 Gregory S. Nybeck, EXECUTIVE DIRECTOR August 3, 2001 Bert Foster Chair,, DeePhaven Craig Nelson Vice Chair Spring Park Lili MCMiilan Secretary, Orono Tom Skramstad TreasUrer Shorewood Andrea Ahrens MOund Bob Ambrose WaYZata Douglas E. Babcock TOnka Bay Craig Eggers victoria Tom Gilman EXCelsior P.aUl KnudSen Mjnnetri~ta Tom Seuntjens MinnetOnka Beach Herb J Suert[i Woodland . Katy Van Hercke Minnetonka SheldOn WOrt GreenWOod TO: FROM: SUBJECT: LMCD Board of Directors Interested Parties Greg Nybeck, Executive Director ~/~ ~/~ Notice of 8/8/01 Planning/Workshop Meeting The Lake Minnetonka ConServation DiStrict (LMCD) Board of Directors has sCheduled a Planning/Workshop Session for Wednesday, 8/8/01, at 6:00 p.m. in the LMCD office, with a dinner to .be provided to those that RSVP. NOTE: we are planning a nice Famous Dave's BBQ rib dinner, and you need to RSVP. Chair Bert Foster has set an agenda as detailed below: Call meeting to order. Discussion of Action Items from the 5/30/01 Board Member Orientation. A. Clarification of the vadous governmental agencies in the Lake Minnetonka area, with emphasis on the jurisdiction of each of the agencies. B. Multiple Dock and Non-Multiple Dock License lighting concerns on Lake Minnetonka. C. Enforcement of LMCD Code relating to dock length and the storage of restricted watercraft at residences on Lake Minnetonka. Discussion of the concept of a Lake Minnetonka Boat Operators License & working with the Minnetonka Power Squadron (Need to identify 10 Lake Minnetonka questions to place on test). 4. DisCussion of Mandatory To DO Items for LMCD staff. 5. Discussion of Optional Projects for LMCD staff. 50% ReCycied .Conteni 20*/0 P0~! conSurner Waste 6. Other diSCUSSlOn,~ Please RSVP the LMCD office bY i2 NOON on ~uesday, 8~i01, to allow staff suffi'~ibnt ti~:e'G 0"d'b'~"~i~ne:r fr°m Fambas DavesBar~&cue we lOok fo~ard to your a~endance : ~. Web page Address: httP'.//WVWV; mcd,org' E,mail AddreS~i lined @imcd,0rg -8574- LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Kandis Hanson ChiefLen Harrell Monthly Report for July, 2001 STATISTICS The of July. criminal vehicle during the month offenses include 3 11 burglary, 3 There were 78 Part II Those offenses include 1 child abuse, 2 weapon, 1 narcotics~ 5; DUI%:3_ simple assaults, 14 domestics(g!with~ 2. harass~ ment, and 27: Other offenses. The patrOl divisi0nissued I0I adUlt~:gitationsand 3 juvenile citations. Parking for.an, ad~ona122!ickets. Warnings were issued ~,~ There arrested for and2 The injuries. There were 42 Mound assisted other assistance on 8 -8575- MOUND POLICE DEPARTMENT MONTHLY REPORT - July, 2001 II. INVESTIGATIONS The Investigators worked on 1 child protection issue and 3 criminal sexual conduct cases in July. Other cases included robbery, burglary, assault, theft, stolen vehicle, terroristic threats, domestic assault, damage to property, fraud, violation of order for protection, NSF checks, forgery, indecent exposure, death investigations, alcohol violations, fleeing police, narcotics violation, vandalism, and absenting. Formal complaints were issued for gross misdemeanor DWI's, minor consumption of alcohol, domestic assault, violation of a restraining order, indecent exposure, criminal damage to property and illegal waste practice. III. PERSONNEL/STAFFING The department used approximately 100.75 hours of overtime during the month of July. Officers used 35.5 hours of comp-time, 20 hours of sick time, and 160.5 hours of vacation and 56 hours of holiday time. Funeral leave accounted for an additional 48 hours. Officers earned 33 hours of comp time. IV. TRAINING The department provided in-service training in the form of a department shoot. Chief Harrell attended training in child abduction and Sergeant McKinley attended the Southern Police Institute retraining conference in July. V. COMMUNITY SERVICE OFFICER CSO Salter handled 231 calls for service including 17 animal complaints, 20 ordinance violations, and 194 miscellaneous calls. One citation was issued. VI. RESERVES The Reserves provided 117 hours of service to the community in July. -8576- rOLeX ,o 8 H I- NOTE: AUGUST 00! PRESIDENT'S MESSAGE July 23, 2001 Dear Members and Friends, We are now in our new "home". We are slowly getting settled and working out all of the little kinks. The phones are still not functioning the way we would like, but we have been diligently working on that. Our new tables and chairs have arrived. We took a "leap of faith" in ordering them, because we knew we must have them in order to carry on our programs. We still need funds to pay for them, but we know that this will happen. The kitchen facilities are now complete and the changes were made to our specs. Door knobs have been exchanged in places they needed to be. Lowell Olson has been very busy putting in all of the towel racks, toilet paper holders, wall waste receptacles and hanging all of the bulletin and dry erase boards. The landscaping is well under way and with the help of our sprinkler system and the Heax;-ens, we hope to keep everything alive until it takes hold. The first half of the Anoka project (our phonic card fundraiser) has been shipped and the other half will b, completed in the near future. We thank everyone who has been coming in to help with this project. We've hat, fun doing it. By the time you receive this newsletter we should have made it through our Grand opening Week and our Pork Chop Dinner. What a week and what a month!. It's been fun showing people through the lovely building and everyone has been so impressed by it. We are excited about one of our newest programs. Many thanks to Nancy and Ron Gramenz for promoting and coordinating the Wednesday Bridge Club. We are very interested in new programs, but we need your ideas and we need you to help provide the programs by volunteering. Please note the letter in this issue about the Program Committee meeting on August 3fa. Come and bring ideas and suggestions. Please note that the "Pretenders" will begin their practices again in August. Marilyn Byrnes President -8577- Urban Police Jobs Are Losing Their ~Appeal Page 1 of 4 National Fine a Job_ Post a Job Find a Home Personals !ntemafional National - Column_~_ E_olitics Business T__echnology Science Health Arts Sports New York Re_gLo_~ Weather Obituaries NTT Front P_ag~ Corrections EditodalslOp-Ed R__e_a ~e___rs'__~_i n ion s Automobiles Books _Movies Pining--& Win__e Home &Gardeo [ashion 8L~_tyLe. New York Today Crossword/Games Cartoons Magazine Week in Review Photos Colieg~ }.~_amin_~.q Netwo~ Job_ Markel[ Help Cent_p[ NTT Mobile NTT Store. _E._~a~s_& NYTDigital.com ._M_....e~:t__[8 Kit _O. _u£ Ad v_e r t Ls_e_r_s_ NEWSPAPER Home D_eol ' v_~_~_ _C_~_st_o_m e r ~.e ryi_c~_ YOUR P~OFILL: Revi~_w_._Pg~file~ Search i i Past 30 Days I~ E-fdail This Article [J~ Printer-Friendly Format []Mosl E-k~ailed Arlicles [] Single-Page View July 30, 2001 Urban Police Jobs Are Losing Their Appeal By FOX BUTTERFIELD police departments in cities across the nation are facing what some call a personnel crisis, with the number of recruits at record lows, an increasing number of experienced officers turning down promotions to sergeant or lieutenant and many talented senior officers declining offers to become police chiefs, executive recruiters and police officials say. Making the situation worse, in some cities a growing number of police officers are quitting for higher-paying jobs in suburban departments or private businesses. These problems have come at a time when crime is at its lowest levels since the late 1960's and the police should be feeling good about themselves. But, the experts say, many officers from the lowest to the highest rank are questioning their occupation, tempted by higher pay in the private sector after a decade- long economic boom and discouraged by seemingly constant public and news media criticism about police brutality and racial profiling. Lany Davis for Thc New York Times John Diaz, an assistant police chief in Seattle, said the long hours and the polities involved in a chief's job made the position unappealing to him. Join a Discussion on. Issues in Law Enforcement "I would absolutely not take a job as a police chief," said John Diaz, an assistant police chief in Seattle, who at 44 already has a good national reputation and is sought after by recruiters for a chiefs post. tile://C:XAmerica Online 6.0\download\UrbanPoliceJobsAreLosingl'heirAppeal.html Welo Sjg_n_U_p for Neb Exper the difl · Rated *=1 o · Over a dec investinq ~ · 24/7 servk 7-traJn~ r · 0ualit¥ res independe onlin with &~l' 7/30/01 -8578- Urban Police Jobs Are Losing Their Appeal Page 2 of 4 E-Mail O=Uons Lo~_ Out Text Version "The politics of being police chief have become so insane no one wants the job," said Mr. Diaz, who is particularly attractive to recruiters because he is Hispanic. "I work an 11- hour day, but our chief is here before me every day and doesn't leave until I'm gone, and all he gets is attacked in the media all the time." The malaise felt by those from potential police recruits to chiefs "is a major crisis all over the country," said Cynthia Brown, the publisher of American Police Beat, the largest- circulation newspaper for law enforcement officers. The difficulties are illustrated in her publication. Until a year ago, Ms. Brown said, she had never mn an advertisement from a police department looking for recruits, because police forces could still fred all the applicants they needed in their own communities. But in the current issue, there are advertisements for police recruits from a dozen cities, including Portland, Ore., and Seattle, and smaller cities like Santa Cruz, Calif., and Sheridan, Wyo. There has been little public attention to the police departments' troubles, but Jeremy Travis, a senior fellow at the Urban Institute and a former deputy police commissioner in New York City, said, "If this was a business, we'd be in a panic mode." There are no nationwide statistics on the problem. But figures from several cities show the magnitude of the drop in applicants for the police examination, the fa'st step in becoming a police officer. In Chicago last year, 5,263 people signed up for the exam, despite months of recruiting at college campuses, military bases and churches throughout the Midwest, said Cmdr. Bill Powers, the head of the Chicago police personnel division. That is down from 10,290 people who signed up in 1997 and 36,211 applicants in 1991. Traditionally, only a tiny fraction of people who apply are eventually accepted, making a large applicant pool important. In New York City, more than 1,700 officers lef~ the 41,000-member force last year through retirement or resignation, a third more than the year before. The retirement rate is expected to accelerate, with concerns about morale and pay taking their toll and with a large portion of the force soon to complete 20 years of service, when officers can retire with a full pension. The number of captains leaving the New York Police Department tripled in the 2000 fiscal year from the year before, and over the next four years, more than half of the force's 2,100 captains and lieutenants will be eligible to retire. While the number of people signing up to take the test to become New York City police officers rose modestly this year over last year, the . , . ox,,~r~ll *~,,no¥~.- ~,qor,,aL;e~*~*~.bo.~ ~h-c,,~,~,¥1 ~bo,-,~h, ;r~ ,',~,',~.~* ,-~[']~ Tn hle://C:XAmenca umme t~.uxaownloaaxuroant'onceJot>sArebosmg i nelr.q, ppea .ntml ADVERTI klltt your real oro~erty on NYTim~ 7130/01 -8579- Urban Police Jobs Are Losing Their Appeal Page 3 of 4 1996, 32,000 people signed up. This year, 13,136 did. In Los Angeles, where the police have been buffeted by scandals since the Rodney King beating in 1991, there were only 19 recruits in the police academy class in June, a record low, said Amira Smith, an officer in the employment opportunity development division. When Ms. Smith joined the force four years ago, there were 70 recruits in her class, and not long before that there were 100 recruits per class. This month Los Angeles canceled the police academy because there were not enough recruits. In Seattle, the police department is having trouble finding officers to take the sergeants' examination, and sergeants to take the exam for promotion to lieutenant. Only 86 officers took this year's sergeants' test, down from 134 in 1997, and only 10 sergeants took this year's exam for lieutenant, compared with 33 in 1997, department figures show. Many officers with seniority do not want to start over in a higher rank, risking having to work nights or weekends, officers say. And some sergeants do not want the promotion because lieutenants, unlike sergeants, do not get overtime pay. "There has been a big change in the culture of policing in the past few years, as lifestyle becomes more important than the sense of public service," said Carroll Buracker, the head of a management and consulting fh-m in Harrisonburg, Va., and a former police chief in Fairfax County, Va. Detectives in many police departments now work only from 8 a.m. to 4 p.m., Monday through Friday, Mr. Buracker said, and therefore are unavailable to contact a victim when a crime occurs in the evening or over the weekend. "So why would a detective want to give up that work schedule when they have a family," he asked, "in order to be a sergeant without seniority and face working nights and weekends?" To attract and retain officers, some police departments are resorting to even more radical changes in the work week that Mr. Buracker, among others, thinks undermine the goals of good policing. In Tacoma, Wash., all police officers work on Thursday, he said, so officers on a rotating basis can get six days off in a row, from Friday through Wednesday. The new mayor of Los Angeles, James K. Hahn, won the endorsement of the city's police union by promising to institute a three-day work week, with 12-hour shifts. But if officers work only three days a week, Mr. Buracker said, they would often not be available to go to court, an essential duty in everything from settling traffic tickets to felony trials. And they might start making fewer arrests to avoid having to show up to testify, he said. file://C:XAmerica Online 6.0\download\UrbanPoliceJobsAreLosingTheirAppeal.~h~a'i .... " 7/30/01 -8580- SPECIAL SESSION OF THE LEGISLATURE - TO THE GOAL LINE AND BEYOND ON PROPERTY TAXES By David Olson, president, Minnesota Chamber of Commerce How many times have we expressed our goal to get out of the tol~ten in business property taxes? Preliminary figures show that as the result of special legislative s6ssion, we have metour objective and many local chambers of commerce across Minnesota played a significant role in amassing the grass roots pressure needed to pass this legislation. The historic property tax reform enacted by the Legislature and signed into law by the Governor will make a substantial dent in commercial/industrial property tax rankings. According to the Minnesota Taxpayers Association, urban commercial property with a $1,000,000 value will drop from four to 11 in national property tax rankings; urban industrial property with a $1,000,000 value will drop from 11 to 24; urban apartment property will drop from seven to 22. (The Chamber is working with legislative tax research staff to determine the new rankings of rural property and we will provide those to local chambers as soon as we have them. The reduction in property tax rankings will likely be as.dramatic for greater Minnesota properties.) Even after the $592 million statewide property tax is levied, businesses statewide should see an average property tax reduction of 10.3%. The business community will closely guard the statewide property tax in the future to ensure it is not viewed as a revenue source for special interests. Overall, the final tax package is very good news for business, containing $180 million in immediate property tax relief and compression of classification rates from 2.4% on the first $150,000 of value and from 3.4% on value over $150,000 to 1.5% and 2.0% respectively. The bill also exempts equipment used to generate electricity from the statewide property tax. Since utilities are required to reduce electric rates accordingly, the change will reduce Minnesota electric rates by nearly $30 million in 2002...more good news for business. The special session also produced more money for transportation although the final package of an additional $153 million plus $10 million in bonding fell short of our funding goals. Health care taxes were held at current levels, saving $97.5 million in scheduled increases, labor mandates costly for business were defeated in final legislation and education bills contained improved accountability provisions. The Minnesota Chamber is in the process of tallying your legislators' votes on these and other key issues. The voting record report will be sent to members and local chambers in early August and provides a great opportunity for you to meet with your legislators to discuss their commitment on key business issues. While the six month 2001 Legislative Session has barely concluded, the Minnesota Chamber is already hard at work on developing priorities and policies for the 2002 Legislature. Our staff just completed more than 25 meetings in as many communities to listen to the concerns of Minnesota business people. Health care costs, civil justice reform, transportation and workforce issues top the list to date. The statewide grass roots network of local chambers combined with the lobbying influence of the Minnesota Chamber of Commerce is a potent force at the Capitol. We have demonstrated our strength on property tax reform, workers' compensation reform and I am confident, we will have the same results on our priority issues for the 2002 session and beyond. -8581 - Dear Sirs: I am writing to propose the rebirth of the Free-Bee's program. Free-Bee's was a drop in center on the weeke~d~ for teen in the Mo~,nd area. It operated in the early to mid seventies and was run, by the - late Robert Arthur Knott and Police Chief Pat Wilson. The program is documented in the Laker. We want to run the program on friday and saturday evenings from 6:00 pm to 10:00 pm. We would provide games and maybe pool or foosball, or table tenfi~s,'we-would sell popcorn or chips and soft drinks.. We could even feature live music or Karaoke. My room mate has two girls and reminds me often that there is not much for teens to do in this town. We would have strict rules and could even have field trips and cook outs. We are bringing back the Free'Bee's program in memory of the late Robert Knott who came up with the idea to renovate the Depot as well as being the force behind the origonal Free-Bee's program. We would need some city help and would need a place to ~old the-program. I was a par t~o~fT:~..io:~ program and some of my best memories are working with Bob on'Free-Bee's. Ail questions should be directedto Lawrence Phillips 5213 Drummond Road Mound Mn, the island 952-472 2002. Thank you all for your' time. We could also get parents involved in the program and put notices up at all the local churches. Thank you again. -8582- 7/23/01 11:25 am. "Free-Bee ' s" Dedicated to Robert Arthur Knott. Friday & Saturday at 6:00 to 10:00 pm 1. Building to hold program. 2. Support groups,church,parents,youth,civic, etc. 3. Donations that would help fund the program. 4. Games,pool table,foosball,table tennis. 5. All people donate to help cover the costs of the program. 6. Live bands donate their time and~get free practice. Church or school or other groups or bands. 7. Set a reasonable group of rules. "No drugs or alcohol or smoking allowed on the premises. 8. Can hold fundraisers. 9. Karaol~e night or band nights. 10, Camping trips and field trips can be held. 11. Community involvement. -8583- Hennepin County Opportunity Employer July 17, 2001 Ms. Kandis Hanson City of Mound 5341 Maywood Road Mound MN 55364 Re: Acting Senior Administrative Manager - Appointment of Gregg Davies Dear Ms. Hanson: Gregg Davies has recently been appointed Acting Senior Administrative Manager of the Development Planning Unit (DPU) in the Office of Planning & Development. The Development Planning Unit is primarily responsible for managing housing related programs such as the County Housing and Redevelopment Authority (HRA), Community Development Block Grant Program (CDBG), First-Time Home Buyer Program, the HOME Program, Minnesota Housing Finance Agency Programs, 4(d) Property Tax Classification Program and the Affordable Housing Incentive Fund Program (AHIF). Gregg Davis comes to us with a wealth of management experience, serving as a former Deputy County Administrator and Special Project Manager for Carver County. This position will be posted and filled within six months. Gregg will be working with DPU staff to conduct an analysis of DPU work processes, workflow and offer suggestions on how to redesign the system to improve effectiveness and efficiency. Please join me in welcoming Gregg to Hennepin County and feel free to contact him directly at (952) 541-7071 if you have housing related questions. With Best Regards, '~~Gary L. Otrmqin~gha5~-~ Director cc: Gregg Davies Hennepin County Office of Planning and Development A-2308 Government Center Minneapolis, Minnesota 55487-0238 (612) 348-4466 FAX: (612) 348-7423 TDD/TTY: (612) 348-7367 Recycled Paper -8584- ZONING ACTIVITY SHEET JUNE/JULY 2001 June 6, 2001: 4882 Edgewater- Zoning Warning a. trash b. miscellaneous items c. piles of hay d. wood/branches la. June 23, 2001 - Zoning follow up - trash and wood issues resolved second warning issued for hay and misc. extedor items lb. July 5, 2001 -Zoning follow up - issues resolved 2. 2048 Arbor Lane - Zoning Warning a. debris by garage 2a. June 23, 2001 - Zoning follow up - issue resolved June 8, 2001: 1. 5226 Sulgrove - Zoning Warning a. MN5283EG & trailer not currently registered b. Grass exceeds proper length la. June 23, 2001 - Zoning follow up - all issues resolved 2. 5232 Sulgrove - Zoning Warning a. house numbers must be visible/present 2a. June 26, 2001 - Zoning follow up - issue resolved 3. 4748 Aberdeen (across street from that address) - Zoning Warning a. house numbers must be present/visible b. grass exceeds proper length 3a. June 23, 2001 - Zoning follow up resident claimed that she did not receive warning - second warning issued for same issues 3b. July 5, 2001 - Zoning follow up - issues resolved June 9, 2001: 1. 5971 Hillcrest - Zoning Warning a. RV must be currently licensed b. Trailer must be currently licensed c. Misc. exterior storage la. June 23, 2001 - Zoning follow up RV and trailer currently licensed 2nd warning issued for wood pile -8585- lb. July 21,2001 - issue resolved 2. 6090 Aspen Rd - Zoning Warning a. number of vehicles stored exceeds allowed b. MN BHN232, 463GQG & 048DHB must be currently licensed c. Bags of leaves d. All trailers 2a. June 23, 2001 - Zoning follow up all vehicles currently licensed, warning extended until 7/2/01 per secretary 2b. July 21,2001 - issue resolved 3. 4849 Wilshire - Zoning Warning a. MN 653LHD must be currently licensed 3a. June 23, 2001 - Zoning follow up - issue resolved 4. 4843 Wilshire - Zoning Warning a. bags of leaves b. debris in truck bed c. wood pile 4a. June 23, 2001 - Zoning follow up bags of leaves and wood pile taken care of 2® warning issued for debris in truck bed 4b. July 5, 2001 -Zoning follow up - issue resolved 5. 4746 Richmond - Zoning Warning a. Trailer must be currently licensed b. Miscellaneous extedor storage items 5a. 4746 Richmond - Zoning follow up a. all issues resolved June 12, 2001: 1. 5033 Bartlett - Zoning Warning a. MN EWS860 must be currently licensed and operable la. June 23, 2001 - Zoning follow up - issue resolved June 14, 2001: 1. 4907 Wilshire - Zoning Warning a. MN 169MCP must be currently licensed and operable la. July 5, 2001 - Zoning follow up - issue resolved 2. 5504 Belmont Lane - Zoning Warning a. Vehicle must be operable and currently licensed b. Tires and miscellaneous debris must be disposed of 2a. July 5, 2001 - Zoning follow up - issues resolved -8586- 3. 2871 Marlboro - Zoning Warning a. Grass must be cut b. Vehicle must be currently licensed and operable 3a. June 26, 2001 - Zoning follow up spoke with Joan Conkey, resident grass issue is resolved written warning mailed to son (owner of vehicle) in St. Louis Park given until July 9, 2001 3b. July 21,2001- Zoning follow up grass getting long again; zoning warning issued vehicle still on property, gave son until 7/24/01 4. Devon/Manchester (No house numbers) - Zoning Warning a. House numbers must be present and visible b. Tires, wood debris, etc. must be properly disposed of c. MN EXD659 must be operable 4a. July 3, 2001 - Zoning follow up - issues resolved 5. 3149 Inverness - Zoning Warning a. semi-trailer parking violation b. branches/wood pile must be stacked c. MN 242PAV must be currently licensed and operable 5a, June 26, 2001 reinspection of property citation issued for semi-trailer (owner will be appealing citation in court) branches/wood pile stacked (resolved) spoke with Mr. Miller and referred him to Ridgedale Court re: court date 6. 3068 Bdghton - Zoning Warning a. MN FTL034, DBW825, 970KDD, and 009MRM must all be currently licensed and operable Ga. July 5, 2001 -Zoning follow up all vehicles operable second warning issued for licensing 6b. July 21,2001 - Zoning follow up - issues resolved 7. 4552 Denbigh - Referred to Jon Suthedand re: Safety/Inspection of garage on property June 23, 200'1 1. 5226 Sulgrove a. warning issued 6/8/01 - resolved 2. 2009 Arbor Lane a. warning issued 5/26/01 - resOlved 3. 2015 Arbor Lane a. warning issued 5/26/01 - resolved 4. 2017 Arbor Lane a. warning issued 5/26/01 - resolved 5. 4751 Aberdeen - Zoning Warning a. house numbers -8587- b. grass must be cut 5a. July 5, 2001 - Zoning follow up - issues resolved 6. 3043 Tuxedo - Zoning Warning a. grass must be cut b. misc. items by side of house c. referred to Jori S. (re: condition of residence) 6a. July 3, 2001 - Zoning follow up - issues resolved 7. 4845 Edgewater- Zoning Warning a. MN 590KEE must be currently licensed and operable b. Misc. items must be disposed of properly c. Referred to Jon Sutherland (bldg. condition) 7a. July 5, 2001 - Zoning follow up - misc. items disposed of - second warning issued for MN 590KEE 7b. July 21,2001 - Zoning follow up - issues resolved 8. 2980 Highland - Zoning follow up a. warning issued 5/26/01 - resolved 9. 6112 Bartlett Blvd.- Zoning Warning a. misc. exterior storage violations 9a. July 21,2001 - Zoning follow up - issues resolved 10. 6075 Rusticwood - Zoning Warning a. MN DNW437 must be currently licensed/operable b. Misc. items in violation of extedor storage ordinances c. Wood debris must be disposed of properly 10a. July 5, 2001 - Zoning follow up - issues resolved 11. 4949 Bartlett Blvd. - Zoning Warning a. MN 6419DE must be currently licensed b. Misc. trailers must also be licensed c. Misc. items in violation of extedor storage ordinances 11a. July 5, 2001 second warning issued 11b. July 21, 2001 - Zoning follow up - issues resolved 12. 4740 Richmond - Zoning Warning a. MN LCT892 must be currently licensed/operable b. Number of vehicles exceeds maximum # allowed 12a. July 5, 2001 - Zoning follow up issues resolved 13. 6012 Evergreen - Zoning warning a. number of vehicles exceeds maximum # allowed -8588- 13a. July 5, 2001 - Zoning follow up - issues resolved 14. 5260 Sulgrove - Zoning follow up a. MN1674DA must be currently licensed b. Boxes, wood debris, mattresses, etc. must be disposed of propedy 14a. July 21,2001 - Zoning follow up - partially resolved, second warning issued 15. 4843 Wilshire - Zoning warning a. misc. items in pickup bed must be disposed of properly b. trailer piece must also be stored 15a. July 21,2001 - Zoning follow up - issues resolved 16. 5971 Hillcrest-Zoning Warning a. wood pile must be stacked 16a. July 21,2001 - Zoning follow up issues resolved July 2, 2001 1. 5524 Spruce Road - Zoning Warning a. wood chipper must be moved b. sand/cement blocks must be removed or screened from public view la. July 21,2001 -Zoning follow up - issues resolved 2. 5504 Spruce Road - Zoning Warning a. wooden pallets must be removed b. items cannot be stored on trailer 2a. July 21,2001 - Zoning follow up - issues resolved 3. 5510 Spruce Road - Zoning Warning a. commercial vehicles over one ton cannot be parked in a residential distdct 3a. July 21,2001 - Zoning follow up - issues resolved, no further complaints NOTE: Vacation & funeral leave from 7/12/01 - 7/18/01 July 21, 2001 5429 Breezy Road - referred to Jon Sutherland via memo 3207 Devon Lane - Zoning follow up spoke with owner of commercial trailer and one ton pick up truck (non-commercial) warning issued regarding trailer and will follow up with Chief re: personal vehicle 5047 Wren Road - Zoning Warning re: hazardous tree -8589- Hennepin Conservation District July 19, 2001 Dear Resident: Re: Access to your property The Hennepin Conservation District (HCD) has cOntracted with the Minnehaha Creek Watershed District to conduct a functional assessment of all wetlands within the watershed. If you have a wetland located on your property we would like to have your permission to access the wetland to perform a proper functional analysis of it. This entails determining the quality of the wetland by assessing the vegetation and hydrology. No plants will be removed or disturbed. The HCD has subcontracted with BARR Engineering to perform the field assessment of the wetlands, which should in most cases take no more than 15 to 20 minutes per wetland. The assessments will be taking place during the last part of July and most of August. We cannot predict the exact day that the assessment will occur on your property. The HCD has also contracted with the City of Minnetrista to perform a 'Land Cover Classification Inventory' for the entire city. We will be gathering information on land cover throughout the City of Minnetrista (examples of land cover include maple-basswood forest, hay field and cattail marsh). The collected data will be mapped, and used by the city for long-term planning and conservation efforts. The inventory work will take place this fall and early spring. This inventory involves walking through the property and observing trees plants and other cover. No plants will be removed or disturbed. Both projects are purely for informational purposes so that you, the landowner, the city, and the HCD can do our best to conserve our precious natural resources. Your cooperation is vital to the success of this endeavor and the success of sustaining the high quality of life currently enjoyed by your fellow residents of Minnetrista. If you are opposed to allowing access to your property for any reason please contact the Hennepin Conservation District by phone at 763-420-2157 or by letter at the address; Hennepin Conservation District, 6900 Wedgwood Rd., Suite 240, Maple Grove, MN 55311, before July 28, 2001. If you have any questions regarding either of the projects please feel free to contact Dave Thill at the HCD. Thank you for your cooperation. Sincerely, Natural Resource Conservationist Hennepin Conservation District 6900 Wedgwood Road, Suite 140 Telephone (763) 420-2157 Fax (763) 494-3176 Maple Grove, MN 55311 email: hcd@hcd.hennepin.mn.us -8590- A publication of the Hennepin County Sheriff's Office SUMMER 2001 Sheriff Patrick D. McGowan Years in the Planning, PSF Ribbon Cutting Makes It Official Photos by Nancy Leegard, Hennepin County Public Affairs Hundreds gathered on the Plaza as Sheriff Pat McGowan, County Commissioners Mary Tambornino, Mark Stenglein, Mike Opat (Board Chair) and Penny Steele (shown in photo at right) cUt the ribbons to the -.. new Public Safety Facility on June 21. The 397,000 square foot, multi-use facility will accept the first in- mates in a direct supervision model on July 29. Ap- proximately half of the building space will be occupied by other partners in the criminal justice system includ- ing courts, prosecutors, public defenders and proba- tion. Combined with the current facilities in the Adult Detention Center, the total beds available will now be 780. The PSF is designed to handle 80,000 bookings ~;~: per year. Sheriff McGowan called it "a special day for ~' Hennepin County and for the Sheriff's Office." -8591 Page 2 II Sheriff's Report III II I Esensten to P~etire: McGowan Appoints New Inspector Pat McGowan has announced the appointment of R. Merkel to serve as the next Inspector of Support Services upon the retirement of Inspector Richard Esensten early this fall. Merkel is expected to join the Hennepin County Sheriff's Office by July 9. Inspector Escnsten will retire on September 30, allowing transition time for Merkel. Civil Goes On Line The HCSO Civil Division has made their business just a little easier for citizens by going on line on the HCSO website. Information about Civil Process and copies of required forms are available on the new site. You can visit the site at www. co. hennepin, mn. us. Go to sher/ffand then, click on Civil Process Guide. If you need to speak to someone in the Civil Division, you may call 612-348-3800. Merkel is recently retired as the Deputy Director of Correc- tions and Administration from the Shawnee County (Kansas) Department of Corrections. Previously, he was the Correc- tions Detention Director for the Shawnee County Depart- ment of Corrections and has 21 years of supervisory correc- tions experience, including both pre-trial and direct supervi- sion experience. He holds a Juris Doctorate from Washburn University of Law in Topeka, Kansas and a B.A. in Criminal Justice from Washburn University. Merkel began his career as a deputy sheriff for Shawnee County in 1977. Annual Open House Draws Big Crowd The annual HCSO Open House, held during Law Enforce- ment Week in May, drew over 1,400 people this year. Many schools in the area made the Patrol Division their destination for end-of-the-year field trips and lots of young people had the opportunity to meet a deputy and get a "hands on" feel for interesting displays and equipment. ff McGowan said, "I feel confident that we have made ellent choice for Inspector Esensten's successor." Five Receive Awards, Seven Promoted HCSO Deputy Perry King was recognized with an Award of Merit during Recognition Ceremonies on March 29. Deputy King received the award for his actions both on and off duty in apprehending the suspect in a robbery case. Also honored with Awards of Merit were Minneapolis Police Officers Jeff Binfet and Steve Parshall and North Memorial Paramedics Scott Elwell and Scott Lindberg for their efforts to save a young girl from the Mississippi River. For actions in saving the life of another, Detective Dan Kirby received a Commendation Award and Gigi Bauhof, a private citizen, also received a Citizen Commendation Award. Staff members from the Crime Lab Were recognized with a Unit Citation Award for their extraordinary efforts in November 2000 for processing more than twice the normal monthly investigation load and the highest in five Duty Michele Smolley presented seven candidates for promotion and their new assignments to Sheriff McGowan. HCSO thanks Hardee's Restaurants and Coke for their generous donations of refreshments for the day. Dr. Pepper also donated a child's bike for a raffle. to Higher Rank They were: Tim Dalton to Captain, Communications Division; Richard Loose to Captain, Court Security Division; Brian Johnson to Lieutenant, Water Patrol; Kip Carver to Sergeant, Crime Lab; Ken Crouch to Sergeant, Adult Detention Center; Steve Tait to Sergeant, Patrol Division. Thirteen new deputy sheriffs were sworn in by Sheriff McGowan during the ceremonies at the Brooklyn Park Community Center. is a publication of the Hennepln County Sheriff's Public Information Office Room 6, Courthouse 350 South Fifth Street Minneapolis, MN 55415 Public Information Officer- Roseann Campagnoli (612) 348-7159 roseann.campagnoli@co.hennepin.mn.u$ -8592- Sheriff's Report Page 3 Flanked by a 40-foot American flag, officials joined to- Chief Deputy Michele SmolleY (at left) hosted the cer- gether, May 15, to remember the 60 peace officers who have emony during which Sheriff McGowan and MinneapolL died in the line of duty in Hennepin County since 1884. Police Chief Robert Olson positioned a memorial wreath which was donated by Bachman's. The children of law enforcement officers then decorated the wreath with a ribbon for each slain officer. Photos by Lisa Fleming, Hennepin County Public This is the time of year when our Water Patrol assumes a very visible role in public safety. It's summer in Minnesota. Here in Hennepin County, we have over 104 lakes and of course, we are bordered by the Crow, Minnesota and Mississippi Rivers. I am very proud of the professionalism and the skill of our Water Patrol deputies and our volunteer special deputies who spend hours every month in specialized training to keep you safe on the trails and waterways of Hennepin County. But no amount of training can prevent accidents. We know that before the summer of 2001 has ended, we will have been called out on many summer days that ended in tragedy. It makes no difference how many times you do thh. The senseless loss of life is always di~cult for the would-be rescuers. As tough as that can be, I certainly wouldn't want to havepublic safety professionals who were not moved by any human tragedy. So often, he accident truly didn t have to happen. That is very difficult to accept. It seems that no matter how many times we are reminded of the basic rules of the water, people will continue to tempt fate and they will continue to lose. Let me make this important reminder very simple. Don't drink and do anything around the water, especially pilot a watercraft. Drinking and driving anything just don't mix'. Watch your children carefully at all times around the water. DOn't leave that responsibility to someone else. Teach your children to swim just as early as you can. Know where your children are in the summer. The life you save may be the one you love. Patrick D. McGowan Hennepin County Sheriff -8593- Page 4 Sheriff's Report Found in the Sheriff' ailbag... Received after a report of a man with a gun in the Government ~_~:r,"You .p,ro. b~ably don? hear enou~ of the good things people rnv~'] ve got/eias in school. Thanks for handling the situation in the Government Center quickly. Just wanted to let you know what a parent thinks. ' Keith 'T again want to thank you and your excellentpatrol officers. While we were gone on vacation this winter, I called and asked for them to check our house. They did an excellent job. I was told by a neighbor that even when the driveway was notplowed, they tried to get in and did. On one occasion, they got stuck and had to get assistance to get out. This is true dedication to 'the job of giving service to the public. They checked our,house more times than we expected they would. Again, thanks to the Patrol Division. We are grateful." Richard Storck Greenfield "We just wanted to let you know of an experience we had on April 13 and the wonderful jvb one. of your employees, Deputy Pat - Harding, didto help us~ Our house a~i'rn'went off~ha't:iight and we received a Phone call j%m the alarm company letting us know of the situation. We were 45 minutes away. ] nervously called Sheriff's dispatch and they hooked me up with Deputy Sheriff Pat Harding who was at our house and checking things very thoroughly. He spent a lot of time with me on the phone, letting me know that our house and property were secure, waylaying our fears and mak- ing sure to reset the alarm ..... This may seem like an everyday part of his job, butplease know that for us, it was much more. We have such an appreciation for you and all you do everyday as you put yourselves in danger to keep others safe. We support ourpolice force fully and disagree with the media as a lot of times, there seems to be a slant~agaimtwhatyou do on a daily bast5." Greenfield Residents '7 would like to thank Deputy Tom Sigiginius and K-9 Argus for their assistance. The teamwork between Deputy SigTCrinius and his dog and Oj~cers Lehmann and Schneiderjgom the Cham])lin Po- lice DeJ>f~r~tment resulted in the suspect's arrest. The intoxicated an~d, uncooperative male was taken znto custody and charged with possessing a short barreled shotgun. Thank you again to Deputy Si '~!us and Argu_g~ ft}opr, eciate_ the F°%imitrn. ent and pa"sTtive attitude: ", ?9gcj(:J N~ 'punolN peo'8 poo,'v~el/4 I.?~:g puno~l ,to ~,!9 ep{nqs PJe~P~ je§eUel/4 ?,Zgg 'ON ~IIAI "sgdl~l 39V. LSOcl 's'rl aJ.$ O/Sd -8594- ¢ I Pgg NIAI *sn°qaan°D '9 m°°'d JJF*qS $aunoD u!d,uu=H ue>aODaJA1' 'Q CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 August 9, 2001 MEMORANDUM TO: FROM: SUBJECT: Mayor/City Council Jim Fackler, Park Director~' Dock Inspections. I would like to update the Mayor and Council on the progress of Katie Hoff, Dock Inspector in assuming the role of administering the Mound Municipal Dock Program. Katie and I were fortunate that Tom McCaffrey the previous Dock Inspector was able to work with her to educate her on the program. She has visited all the docking areas and has assumed the daily responsibilities of operation. In assuming her new position I have seen excellent changes that Katie has suggested be put into the program. Example of these are using a new computer data base and adhesive dock tags. The Dock Inspection position is one that takes experience/time to understand the a program. Its my belief in working with Katie that she will easily handle her position and provide a fresh look at this program. On a personal note Katie's husband had a serious water-skiing accident that has taken up some of her time. This has delayed some routine tasks such application of tags to approved docks but she has been able to maintain all other aspects of the position and is currently tagging docks. Cc: Kandis Hanson, City Manager Katie Hoff, Dock Inspector -8595- DRAFT MEMORANDUM 8/9/01 To: City Council From: City Manager, Kandis Hanson4~c~ Subject: CSAH 15 and CSAH 110 Realignment Project. On May 22 of this year, the Council approved a proposed cooperative agreement with Hennepin County dealing with the process to be followed in the acquisition of the right-of-way for the CSAH 15 and CSAH 110 Realignment Project. Since then our engineering, planning and legal consultants and myself have had numerous meetings with County engineering staff on the project. Although over two and one-half months have passed since that approval, the proposed agreement has still not been forwarded to the County Board for consideration. As a result of this delay, and the uncertainty it creates for the timing of the project, I have directed the individuals and companies that are supplying survey, title, environmental and relocation services to Mound for the project to suspend their activities until further notice. It is my intention that the suspension will not be lifted until we have assurances from the County that an acquisition agreement addressing issues of timing and financing will be approved. We remain hopeful that the project can be constructed in 2002, however, if an acquisition agreement is not approved by the County fairly soon, the 2002 construction goal may be lost. We are continuing to meet with the County representatives on this issue, and I will keep you informed concerning developments. I am also working on a Q & A for property owners and others who are affected by the realignment and by these developments. -8596- THIS PAGE IS INTENTIONALLY LEFT BLANK -8597-