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1995-01-10 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, JANUARY 10, 1995, 7:30 P.M. CITY COUNCIL CHAMBERS SWEARING IN OF MAYOR ELECT BOB POLSTON AND COUNCILMEMBERS ELECT MARK HANUS AND LIZ JENSEN. 2. PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE DECEMBER 13, 1994 REGULAR MEETING. e PG. 5-10 PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY AND FINAL PLAT INCLUDING STREET 'DESIGN VARIANCES AND VARIANCES TO THE SHORELAND MANAGEMENT ORDINANCE FOR THE PROPOSED PLANNED DEVELOPMENT AREA "TEAL POINTE". PG. 11-87 ADVISORY COMMISSION REAPPOINTMENTS (3 YEAR TERMS BEGINNING 1/1/95 AND ENDING 12/31/97). ED SURKO, PLANNING COMMISSION JERRY CLAPSADDLE, PLANNING COMMISSION DAVE WILLETI'E, ECONOMIC DEVELOPMENT COMMISSION DAVE STEINBRING, PARK & OPEN SPACE COMMISSION PETER MEYER, PARK & OPEN SPACE COMMISSION TOM CASEY, PARK & OPEN SPACE COMMISSION 6. APPOINTMENT OF ACTING MAYOR FOR 1995. 7. APPOINTMENT OF ACTING CITY MANAGER FOR 1995. 8. DESIGNATION OF OFFICIAL NEWSPAPER FOR 1995. PG. 88 PG. 89 PG. 90 PG. 91-92 o 10. 11. 12. 13. 14. 15. 16. 17. APPROVAL OF BONDS FOR CITY CLERK & FINANCE DIRECTOR. PG. 93-94 DESIGNATION OF OFFICIAL DEPOSITORIES. PG. 95 APPOINTMENT OF COUNCIL REPRESENTATIVES TO VARIOUS COMMISSIONS. PG. 96 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. APPROVAL OF SIGN PERMIT APPLICATION - NORTHWEST TONKA LIONS -WINTERFEST 1995. PG. 97-98 RECOMMENDATION FROM PARK & OPEN SPACE COMMISSION RE: GUIDELINES FOR PLANTINGS ON PUBLIC SHORELAND. PG. 99-103 RESOLUTION DESIGNATING A SEGMENT OF BELMONT LANE BETWEEN SHORELINE DRIVE (COUNTY RD. 15) AND AUDITOR'S ROAD (CONTROL SECTION 109) AS A MUNICIPAL STATE AID (MSA) STREET. PG. 104-105 PAYMENT OF BILLS. PG. 106-123 INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for December 1994. PG. 124-152 Bo LMCD Representative's Monthly Report for December 1994. PG. 153-154 C. LMCD Mailings. PG. 155-165 In late December, I sent you information on the Newly Elected Official's Conference. Mark Hanus has indicated that he wishes to attend. Anyone else interested? We need to send registration in by January 13, to take advantage of the early registration fee. I recommend the conference for not only the new members, but also the incumbents. Let Fran know ASAP so we can send in the registrations. PG. 166-171 Enclosed is a memorandum from Jim Miller, Executive Director~ League of Minnesota Citic~ (LMC) reminding us of the annual National League of Cities (NLC) Congressional-City Conference to be held in Washington, D.C., March 11-14. Deadline for advance registration is Friday, February 10. If interested in attending, please let Fran known ASAP. The conference brochure is enclosed for your review. PG. 172-178 Financial Report for November 1994 as prepared by Gino Businaro, Finance Director. PG. 179-180 Ge Letter dated December 22, 1994, from Moody's Investor Service re: City's Bond Rating. Please note Moody's has confirmed the rating of "A" which is what the City's rating has been since 1974. PG. 181 Memo dated December 14, 1994, from the League of Minnesota Cities Insurance Trust (LMCIT) re: 1994 LMCIT property/casualty dividend. A check in the amount of $25,263 was received in late December. PG. 182-183 Park & Open Space Commission Minutes of December 8, 1994. PG. 184-186 Letter from Steve Erickson, Fire Chief, to City of Shorewood re: Installation of three new dry fire hydrants now in operation on Enchanted Island. PG. 187 At the December 13, 1994, City Council Meeting, the City Council approved amendments to the Water & Sewer Ordinance allowing for a 5 % rate increase in both the water and sewer rates for 1995 pursuant to City Council action in 1993. Questions were raised by the Council concerning provisions in the ordinance re: water and sewer connections and the apparent conflict with existing ordinances which require residences to be hooked up to city water and sewer. The Council directed staff to research these provisions to see if they should be deleted. Staff has determined that the provisions should be retained because there are instances where properties in Minnetfista which border Mound, request hookup to either water or sewer and these provisions that are being questioned would apply in those particular instances. Therefore, staff is recommending that the provisions be retained. Lo Me Oe While attending the National League of Cities Conference in Minneapolis in early December, Councilmembers Ahrens, Councilmember Elect Mark Hanus and myself attended a session entitled, "Tools for Local Leaders: Strengthening Your City Hall Team". I found the session very interesting and purchased an audio tape for each member of the City Council and myself for future reference. I've given Bob Polston and Mark Hanus their copies. Enclosed are copies for Councilmembers Liz Jensen, Phyllis Jessen and Andrea Ahrens. Enclosed is a letter dated December 23, 1994, re: Certificate of Achievement for Excellence in Financial Reporting given by the Government Finance Officer's Association (GFOA) for the year ended December 31, 1993. This is the fourth year in a row that we have received this distinguished award. We extend our appreciation to Gino Businaro, Finance Director for his hard work and diligence in receiving this award. Thanks also to Gary Groen, Abdo, Abdo & Eick, for his assistance on the award. PG. 188 REMINDER: Committee of the Whole Meeting, Tuesday, January 17, 1995, 7:30 P.M., City Hall. REMINDER: City Offices closed Monday, January 16, 1994, in observance of Martin Luther King's Birthday. 4 Mound City Council Minutes December 13, 1994 MINUTES - MOUND CITY COUNCIL - DECEMBER 13, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 13, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, and the following interested citizens: Darryl Frederickson, Bob Bittle, Doug & Dana Kraay, and Denis Bailey. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jessen, seconded by Ahrens to approve the Minutes of the November 22, 1994, Regular Meeting and the November 29, 1994, Truth in Taxation/Budget Hearing, as submitted. The vote was unanimously in favor. Motion carried. 1.1 CASE g94-73: HENNEPIN COUNTY (DENIS BAILEY), 4977 WILSHIRE BLVD., (VACANT LOT), LOT 8, BLOCK 18, WYCHWOOD, PID //24-117-24 14 0068, VARIANCE FOR FENCE HEIGHT The Building Official explained the Hennepin County is seeking an after the fact variance for the height of a fence that was installed on Emerald Lake in August. The fence is installed across both the County right-of-way and one private property. This public and private land has for years been used as a fishing site. The Planning Commission recommended denial on a 4 to 1 vote. Doug Kraay, owner of the property between the County right-of-way and the lake explained that litter and his liability if persons were injured on his private property prompted him to contact the County about fencing the area. Denis Bailey, Hennepin County, agreed that this area is one of the worst problem areas in the county as far as litter and tresspassing on private property. He stated that the fence is the cost effective solution to correct these problems. He further stated that he does not know of another area in Mound that has this unique problem with private property and county right-of-way. Darryl Frederickson, 2930 Bradford Lane, stated that he has fished this area for years and does not like it being closed off. Mound City Council Minutes December 13, 1994 The Council discussed the fact the issue is the fence height not the ability to fish or not fish. The Building Official stated that the City Planner's recommendation was as follows in part: "The County's installation of the fence perpendicular to the wall is the least visually obstrusive of the two fencing options considered. Short of anyone identifying a workable solution to the litter and trespassing problems, approval of the fence height variance allowing the six foot high fence seems to be the Only viable alternative." Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-156 RESOLUTION TO APPROVE A FENCE HEIGHT VARIANCE TO HENNEPIN COUNTY, 4977 WILSHIRE BLVD., LOT 8, BLOCK 18, WYCHWOOD, PID//24-117-24 14 0068, P & Z CASE //94-73 The vote was unanimously in favor. Motion carried. 1.2 RESOLUTION APPROVING THE 1995 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $2,418,030~ SETTING THE LEVY AT $1,808,1307 LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $499,460, RESULTING IN A FINAL CERTIFIED LEVY OF $1,308,6707 APPROVING THE OVERALL BUDGET FOR 1995. Councilmember Smith moved and Councilmember Jensen seconded the following resolution: RESOLUTION//94-157 RESOLUTION APPROVING THE 1995 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $2,418,030; SETTING THE LEVY AT $1,808,130; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $499,460, RESULTING IN A FINAL CERTIFIED LEVY OF $1,308,670; APPROVING THE OVERALL BUDGET FOR 1995 The vote was unanimously in favor. Motion carried. 1.3 APPROVAL OF AN ORDINANCE AMENDING SECTION 540:00, SUBD. 3 OF THE CITY CODE RELATING TO SEWER RATES~ AND AMENDING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE RELATING TO WATER RATES. The City Manager' explained that when the 1994 Budget was adopted, it was explained that there would be a 5% rate increase in water and sewer each year thrOugh 1997. This covers the bonds the bond issue that was approved in 1993 for the water and sewer improvement projects, i.e. Mound City Council Minutes December 13, 1994 water meter reading bxtuipment, sewer lift station improvements, and the painting of the Evergreen Lane Watertower. This amendment is consistent with the 1995 Budget that was just adopted, providing the additional 5 % water and sewer increase. Ahrens moved and Smith seconded the followingi . ORDINANCE//72-1994 AN ORDINANCE AMENDING SECTION 540:00, SUBD. 3 OF THE CITY CODE RELATING TO SEWER RATES; AND AMENDING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE RELATING TO WATER RATES Councilmember Jessen asked about the paragraphs in the proposed amendment that refer to residences not connected to sewer or Water; since all residences in Mound are supposed be connected to both. The City Manager stated that the two paragraphs in question probablY refer to separate agreements with residents of Minnetrista that are being provided either sewer or water-. He will check on this and report back. The vote was unanimously in favor. Motion carried. MOTION made by Johnson, seconded by Smith to direct Staff to investigate the two paragraphs in the ordinance that were questioned. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.4 APPROVAL OF PAYMENT REQUEST //5 AND CHANGE ORDER //1 TO SCHLUMBERGER INDUSTRIES IN THE AMOUNT OF $73,205.59 - WATER METER READING PROJECT.. This item was removed from the Agenda, at this time, because the proper paperwork has not been received by the City Engineer. 1.5 REOUEST FOR TEMPORARY ON-SALE NONINTOXICATING MALT LIQUOR PERMIT FROM NORTHWEST TONKA LIONS FOR WINTERFE~qT - MOUND BAY PARK - JANUARY 13, 14 & 15, 1995. Mr. Bob Bitfle, Northwest Tonka Lions, was present and explained the Westonka Winterfest Event to the Council. The purposes of this event are to raise money for the Lions Park in Minnetrista and to promote community participation. It will consist of a North Star Sled Dog Association sanctioned sled dog race and a number of other winter events, i.e. ice diving, Jaycees softball, public ice skating area. The Lions are anticipating up to 100 participants in Mound City Council Minutes December 13, 1994 the sled dog race, heated refreshment tent. Community Services is considering a dance for this weekend. The Council previously approved a Public Gathering Permit for this event. Mr. Bittle stated they are asking to be allowed to have the sled dogs in the park as well as the vehicles that transport the dogs. Mr. Bittle stated that they have met with the Police Chief on parking and traffic uses. The Lions have aready lined up parking through the schools and will provide shuffle buses from the parking lots to Mound Bay Park. Mr. Bittle assured the Council that the dog owners are responsible and would clean-up the area of the park where the dogs are housed. MOTION made by Ahrens, seconded the Jessen to approve a Nonintoxiating Malt Liquor Permit to the N.W. Tonka Lions for Westonka Winterfest to be held at Mound Bay Park, January 13, 14, & 15, 1995, The vote was unanimously in favor. Motion carried. 1.6 APPROVAL OF AN ORDINANCE AMENDING SECTION 520 OF THE CITY CODE RELATING TO THE FEE SCHEDULE FOR PROCESSING FIRE SUPPRESSION PERMITS. The Building Official explained that the existing fee schedule is out of date and does not cover the cost of administration of issuing permits for fire protection systems. The proposed change is to have fire Suppression permit fees charged the same as building permit fees, which are based on the value of the work. They are also proposing some minor changes to the format of Section 520 to better clarify the Subdivision number of each sectiom There is also a modification for the Surcharge subdivision which will just reference the Statute number. Smith moved and Jessen seconded the following:' ORDINANCE/f73-1994 AN ORDINANCE AMENDING SECTION 520 OF THE CITY CODE RELATING TO 'THE FEE SCHEDULE FOR PROCESSING FIRE SUPPRESSION PERMITS; THE REFORMATTING OF SUBDIVISION NUMBE~; AND CLARIFICATION OF THE SUBDIVSION ENTITLED "SURCHARGES" The vote was unanimously in favor. Motion carried. 1.7 PAYMENT OF BILLS MOTION made by Johnson, seconded by Smith to authorize the payment of bill.q as presented on the pre-list in the amount of $405,737.64, when funds are available. A roll call vote was unanimously in favor. Motion carried. Mound City Council.Minutes December 13, 1994 INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for November 1994. Bo Tom Reese, LMCD Representative, indicated that the LMCD did not meet in November and, therefore, has no monthly report. C. LMCD Mailings. De Councilmember Jensen had asked the Finance Director, Gino Businaro, to find out the breakdown of the special districts tax categories pursuant to the Truth in Taxation Heating.. Enclosed is that breakdown assuming a $100,000 residential property in the City of Mound. Eo Memo from Len Harrell, Police Chief, to Officer Troy Denneson, regarding his recent involvement .in the delivery of a baby along with Dan Grady of the Mound Fire Department. Fo Hennepin County has sent out a list of member-at-large appointments to the County's various boards and commissions. Also included are announcements for terms expiring 12/31/94. F. REMINDERS: Annual Christmas Party, Friday, December 9, 1994, American Legion. Christmas Holidays are 1/2 day on December 23, (noon closing) and all day December 26. No City Council Meeting December 27, '1994. New Year's Holidays are 1/2 day on DeCember 30 (noon closing) and all day January 2. EXECUTIVE SESSION The Council went into Executive Session at 8:30 to discuss pending litigation. The Council returned from Executive Session at 8:50 P.M. Mound City Council Minutes December 13, 1994 PIPER INVESTMENT LmGATION The City Attorney stated that the City has now negotiated to retain the services of Jerome S. Rice to deal with the Piper Investment litigation. The City Options are being reviewed and there were will continuing reports in the future as recommendations are made from the lawyers. DAKOTA RAIL LITIGATION The City Attorney explained that the firm representing the City, Best & Flanagan, has presented a settlement that has been agreed to by ail parties in the Dakota Rail litigation. If this settlement is approved tonight,, everything will be finished Thursday of this week. The City will settle the lawsuit based on the award of the Condemnation Commissioners, in the amount of $429,000 for the property. The balance remaining' due, which has not been. paid, is $102,514 and there is $12,000 in interest that has accrued on this money. The recommendation from Best & Flanagan is that the Council approve the settlement and authorize the payment of $114,514 to resolve and finalize the litigation with Dakota Rail. MOTION made by Johnson, seconded by Smith to accept the recommendation from Best & Flanagan and approve the settlement and authorize the payment of $114,514 to resolve and f'malize the. litigation with Dakota Rail, upon receipt of releases and complete and f'mal settlement. The vote was unanimously in favor. Motion carried. MOTION made by Smith, seconded by Johnson to adjourn at 9:00 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk February 8, 1993 Ed Shukle, City Manager City of Mound 5341 Maywood Road ~ound, MN 55364-1687 -¥I-A~>~ ONLY RE: TEAL POINTE DEVELOPMENT - proposed resolution Dear Mr. Shukle, Please include this letter and the following material in the council packet for the meeting on Tuesday, February 9, 1993. Excerpts from a February 4, 1993 letter from Neil Weber. His letter states that he values the property "... in the $263,000 to $290,000 range." If park dedication fees are to be imposed in lieu of land, then the ordinance imposes fees in the $26,300 to $29,000 range. Handwritten calculations submitted by Neil Weber at a meeting with Skip Johnson on February 2, 1993. This letter also indicates that Mr. Weber believes the property to be within the $263,250 to $286,875 range. Letter from the Minnesota Historical Society to Mr. Weber, dated February 5, 1993. I emphasize paragraph 3, "... the proposed development area has a hiqh potential to contain archaeological habitation sites. For this reason, we would recommend that an archaeoloqical survey of the project areas be completed before the project is undertaken." This letter supports the position of the neighbors that an on-site study be completed before the plat is approved. Thank you again for your cooperation. Very truly yours, Thomas E. Casey 2854 Cambridge Lane i,[ound, ~.iN 55364 ,.t. 72-1099 .~72-4771 (fax) PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 NOTICE OF A PUBLIC HEARING TO CONSIDER APPROVAL OF A PRELIMINARY AND FINAL PLAT INCLUDING STREET DESIGN VARIANCES AND VARIANCES TO THE SI-|ORELAND MANAGEMENT ORDINANCE FOR THE PROPOSED PLANNED DEVELOPMENT AREA "TEAL POINTE" NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, January 10, 1995 to consider approval of the Preliminary Plat and Final Plat for the proposed Planned Development Area named Teal Pointe. The proposal is to subdivide the land into nine single family lots. The proposal includes a request for slope variances for lots 1, 2, and 3. The subject land is located in Blocks 10, 11, 15 and 16, Whipple, as shown on the plat map below. ~ I'-,',~'-~-'-~,"~:-~ .~ ~ q-~ ...... v-Ji~l¢~l .r · , ,~ ~,~, .... , , ,>,,.,,, ,., ...... .: ~ ~ ,- .~ . . . . . ~[~eu~v a ~aterburv The Final Plat for Teal Pointe which was approved by the City Council on May 10, 1994 was not filed at the County within the specified period of time, therefore, approval of the plat is once again required by the City. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Plans are available for viewing at Mound City Hall. Francene C. Clark,'-C~-~l~ieTk Published in "The Laker" December 19, 1994, and mailed to property owners within 350' ~y December 23, 1994. prJnted on recycled paper // 612-835-3168 HOISINGTON KOEGLER 188 P02 JAN 0S '95 10:17 Hoi0r, gt~ Koegler Group Inc. BD SUPPLEMENTARY PLANNING REPORT TO: Mound City Council and Staff FROM: Bruce Chamberlain, Planning Consultant DATE: Januaxy 5, 1995 SUB,IECT: Preliminary and Final Plat Approval for Teal Pointc Residential Development APPLICANT: Nell Weber, John Bessessen CASE ~ER: 94-77 HKG FILE NUMBER: 92-37j LOCATION: Property lying immediately east of the termini of Drummond and Windsor Roach EXISTING ZONING: R-lA COMPREHENSIVl/PLAN: Residential COMMENT: On December 12, 1994, the Planning Commission considered the "re-appwval" of the preliminary and final plats for Teal Pointe. The result of their review was a recommendation of denial. The minutes from the Planning Commission mcetlng which are included in this packet summarize the discussion that occurred. As a supplement to the minutos, it may be helpful to highlight ccrtah aspects of this case. Teal Pointe is one of the most analyzed development projects ever approved in the City of Mound. Not only did the project receive close scrutiny during the sketch plan, preliminary plat and final plat reviews but it also was the subject of Mound's first Envirbnmcntal Assessment Worksheet (EAW). The project that was reviewed by the Planning Commission and is now before the City Council is exactly the same project which was approved previously. C, enah conditions that impact the projea have changed, however, and those are the items that may warrant further discussion and review. Addressing these issues can be accomplished by examining the Planning Commission's findings of fact that were included as part of the denial recommendation. 12- l.,md Ur~ / Environmental · Planning / Design 7300 Morro Boulevard / Suite 525 · Minneapolis, Mirm.~ota 51i4}9 · (612) 835-9960 ' 612-8~5-~160 HOISINGTON KOEGLER 108 PO~ JAN 06 'S5 10:18 Teal Pointe Supplementary Planning Report January 5, 1995 Page 2 The Planning Commission identified $ items that were incorporated into its t'mdings of fact regarding the re-approval of the Teal Pointe development. Items 1 through 3 relate to the same topic; the development of Lots 1 - 3 that have access off of Drummond Road. When Teal Pointe was initially reviewed, Mound was in the process of adopting a new shoreland management ordinance. At the time, the Planning Commission requested that staff apply the ordinance to the proposed plan, even though it had not been officially adopted in order to assess the impacts. The results of that effort were documented in a Teal Pointe Planning Report Supplement dated December 1, I992. In summary, that report found that virtually all of Lots 1, 2, and 3 would be unbuildable if the shor¢land provisions were applied. The report further noted that the density of the development was within dcnsity limitations found in the shoreland management ordinance and that lots within Teal Pointe could be limited to no more than 30% impervious cover, consistent with the shoreland provisions. The Dcccmber I, 1992 report was reviewed by the City Council. At that time, staff highlighted the fact that Teal Pointe was being approved as a Planned Developmcnt Area (I:'DA) which is established through the approval of a conditional use permit. In considering the conditional use permit, it was notcd that "thc City of Mound is free to impose any and all restrictions that are deemed reasonable. This could include the application of the proposed shoreland provisions if the City Council thought that such conditions are warranted." In approving Teal Pointe, the City. Council did not restrict the development of Lots 1 - 3. Since Teal Pointe was initially approved, Mound has adoptcd the shorcland management ordinance. Therefore, as a pan of re-approving the preliminary and final plats, the City will now nced to grant Lots 1, 2, and 3 a variance from the applicable provisions in the shoreland management ordinance if they are to be developed. In granting any variance, a finding of hardship or practical difficulty needs to be established. The Planning Commission's findings of fact g4 addressed private roads. Section 330:100 of the Mound City Code, Subd. 11, states: "Private streets shall not be permitted nor shall public improvements be approved for any private street unless approved by the City Council as part of a conditional use permit for an overall development plan." The sect/on of private street abutting Drummond Road serving Lots I - 3 was init/ally approved in accordance with Subd. 11 as part of the conditional use permit by the City Council. It can be re-approved by the City Council in the same manner. Items 5 and 6 of the Planning Commission's findings of fact generally relate to thc retaining wall and its impact on Teal Pointe and thc adjacent properties. When the Planning Commission initially reviewed Teal Pointe, the developer's grading plan did not include retaining wall construction. In order to avoid the construction of retaining walls, grading was shown on adjacent properties. When the item was reviewed by the City Council, the developer stated that it may not be possible to get cooperation from surrounding property owners required for grading and, therefore, as an alternative, the developer proposed an option involving a retaining wall 1,3 612-835-3160 HOISINGTON KOEGLER 108 P04 ZAN 86 '95 18:18 Teal Pointe Supplementary Planning Report January 5, 199:5 Page 3 which would not require grading on adjacent properties. The final approval granted by the City Council allowed either construction of the retaining wall or grading including property outside of Teal Pointe's boundaries. When the Planning Commission reviewed the re-approval of the Preliminary and Final Plats for Teal Pointe, it was their first exposure to the retaining wall concept. As a result, they raised a number of valid concerns pertair~ir~g to both access and aesthetic issues. These issues are essentially the same ones that were raised in a Planning Report dated April 121, 1994. In that report, staff raised concerns about the aesthetics of the proposed wall as well as the height and expanse of the structure. Consistent with previous staff concerns as well as the issues iclcntified by the Planning Commission, the City Council has three alternatives to consider related to the wall: During the Planning Commission meeting, one of the concerns expressed by adjacent property owners was that the wall either complicated or prohibited access to vacant lots thereby making them undevelopablc. If access is truly a concern, these property owners as well as the Teal Pointe developer can work cooperatively to establish a grading plan which eliminates the wall and provides access for future lot development. The City can consider approval of variances to allow construction of the road in a manner that results in steeper street grades while significantly reducing the size of the required retaining wall. Windsor Road is at a 13% gradient wherc the street ends close to the Teal Pointc property. The City Engineer has determined that if the street extension were to continue into Teal Pointe at the same gradient, the wall height could be reduced to a maximum of $ to 6 feet on the south side of the street and the wall could be eliminated completely on the north side of the street. There are many streets in Mound with gradients of 13% and greater. An additional variance which could be considered is reducing the street section of Windsor Road from 28 feet to 24 feet. This would result in little impact on the function and safety of the street but would allow an additional 2 feet on either side of the street to construct and maintain the wall. Street grade and width variances together could result in the ability to consu'uct the wall using a different and more aesthetically pleasing material such as stone- faced block rather than the steel sheet piling wall originally proposed by the developer. 3. The City can re-approve the preliminary and final plats with the wall "as is". Item ~7 in the Planning Commission's findings of fact addresses thc rccluirement of a maximum limitation of 30% of impervious coverage on the lots within Teal Pointe. Such a restriction can be added to the development's by-laws and covenants. The final finding of fact by the Planning Commission relates to the fact that all variances need to represent minimum situations and can not be specifically monetarily motivated. Findings of fact per,lining to variances will need to be included in any resolution re-approving the 612-8~5-~160 HOISINGTON KOEGLER 108 P~5 ~N ~6 '95 1~:19 Teal Point¢ Supplementary Planning Report January 5, 1995 Page 4 pre!L_minary and final plats for Teal Point~. SUMMARY: The Teal Pointe project that is b~ing considered for m-approval of the preliminary and final plats is the same project that was approved by the Mound City Council on May 10, 1994. The Environmental Assessment Worksheet completed for the project remains valid. The two items 'that have changed since the initial approval are the adoption of Mound's Shor¢land Management Ordinance and the fact that the City Engineer has had an opportunity to further review the extension of Windsor Road. The Teal Pointe project can not proceed in its present form without the City granting variances from the Shoreland Management Ordinance pertaining to Lots 1 - 3 which lie withir~ a bluff area. If the development is to be re-approved, consideration should be given to granting the street grade and street width variances in order to minimize aesthetic and property access concerns associated with the construction of the retaining wall. After review by the City Council, it is suggested that staff be directed to prepare an appropriate resolution incorporating all applicable findings of fact for subsequent approval by the City Council at the next meetillg. Minnesota Pollution Control Agency RECEIVED 2 1994 December 21, 1994 The Honorable Skip Johnson Mayor, City of Mound 5341Maywood Road Mound, Minnesota 55364-1687 Dear Mayor Johnson: Enclosed is a copy of Permit Number 19458 for the construction and operation of a sanitary sewer extension system to be located in Mound, Minnesota. Please carefully review the permit including any Special Conditions, General Conditions (No. 1-20) and information relative to plans and the permit application. Please let us know if you have any questions regarding these documents. If you do have questions, you may contact me at the address listed below or call me at (612) 296-7762. If you like, you may also use our toll free number, which is 1-800-657-3864. Sincerely, . ~ Donald K. Perwien, P.E., Staff Engineer Compliance Unit 1 Municipal Section Water Quality Division DKP:jae Enclosures: Sewer Extension Permit cc:~ity Council c/o Edward Shukle, Jr., Manager Coffin and Gronberg, Inc. Metropolitan Council-Wastewater Services, c/o Don Bluhm Metropolitan Council-Technical Services, c/o Marcel Jouseau 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY) Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester Equal Opportunity Employer · Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. Minnesota Pollution Control Agency PEI~IT FO~ THE CONSTRUCTION AND OPEP, ATION OF A DISPOSAL SYSTE~ c~¥ oF ~oo~o Hennepin County Pursuant to authorization by the Minnesota Pollution Control Agency (MPCA), and in accordance with the provisions of Minn. Stat. chs. 115 and 116, plans are approved and a permit is hereby granted to the above-referenced Permittee for the construction and operation of a sanitary sewer extension in Mound, Minnesota. The facilities will consist of 218 linear feet of 8 inch sanitary sewer pipe, including 243 linear feet of 4 inch forcemain and a lift station equipped with two submersible pumps. The facilities are further described in MPCA approved plans and specifications designated as: "Utility and Street Improvements of Teal Pointe" received November 9, 1994, prepared by Coffin and Gronberg, Inc. for the city of Mound. It is the Permittee's responsibility to assure compliance with any special conditions and the general conditions that are required by this permit. This includes taking all necessary measures needed to comply, including, but not limited to, the notification of contractors or others who may be carrying out this work. PERMIT NUMBER: 19458 DATED: December 21, 1994 ' .. /Laurie H. Ma~tlnso~ ' 'Acting Supervisor,~ompliance Unit 1 Municipal Section Water Quality Division 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 ('I-]'Y) Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester Equal Opportunity Employer · Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. /7 MINNESOTA POLLUTION CONTROL AGENCY GENERAL CONDITIONS FOR SANITARY SEWER EXTENSION PERMITS GENERAL CONDITIONS: 1) Material, labor and equipment for temporary erosion control measures and the acceptable maintenance thereof shall be provided during the life of the project, to effectively prevent water pollution through the use of berms, dikes, dams, sediment basins, fiber mats, netting, gravel, mulches, grasses, slope drains, and other erosion control devices or methods. Surface cover materials shall be anchored to reasonably prevent their entering waters of the State by erosion or rising water levels.- 2) Temporary pollution control measures shall be included for all construction activity associated with the project where such work is necessary, for example borrow pit operations, haul roads, equipment storage, and plant or waste disposal sites.' 3) The temporary pollution control provisions contained herein shall be coordinated with any permanent erosion features to the extent practical to assure economical, effective, and continuous erosion control throughout the construction and post-construction period. 4) The surface area of erodible earth material exposed by clearing and grubbing, excavation, borrow and fill operations shall be minimized and immediate permanent or temporary control measures shall be taken to prevent contamination of adjacent streams and other water courses, lakes, ponds, and areas of water impoundment. Cut slopes shall be stabilized by methods such as seeding and mulching as the excavation proceeds to the extent considered practicable. Slopes shall be graded properly to minimize erosion. 5) The Applicant will be required to incorporate all permanent erosion control features into the project at the earliest practicable time. Provisions should be made for continual checking and maintenance of all control measures, particularly during periods of rainfall, to ensure maximum effectiveness. Temporary pollution control measures will be used to correct conditions that'develop during construction that were not foreseen during the design state; that are needed temporarily to control erosion that develops during normal construction practices, but are not associated with the permanent control features on the project. 6) The Applicant will control the area of excavation, borrow and embankment operations commensurate with his progress with finish grading, mulching, seeding, and other such permanent erosion control measures. Should seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken to the extent feasible. 7) Oil and other liquid substances capable of polluting water of the State will be stored in accordance with the requirements of MPCA Miscellaneous Water Quality Rules Chapter 7100.0010 - 7100.0090 (formerly Minnesota Code of Agency Rules 6 MCAR 4.8004) (formerly WPC-4). B) 9) 12) 13) Stream Bank Stabilization shall be utilized if it is needed to prevent erosion, and shall be constructed of materials which will not pollute waters of the State. If an effluent will result from the project the Contractor shall submit to the MPCA plans, for approval, to provide for the following: a) Water from dewatering operations including effluents from construction activities shall only be discharged when the effluent complies with the applicable water quality and effluent standards. Dewatering shall be performed using well points where feasible and practical, all other dewatering shall be performed so as not to result in increased tUrbidity in the receiving water.. This may require the use of desilting ponds to reduce suspended solids. When the MPCA requires, permits must be obtained. b) A Disposal System Permit shall be obtained by the Contractor from the MPCA prior to any hydraulic dredging or tunneling, or other activity including an effluent which may contain potential pollutants. This permit shall not release the permittee from any liability or obligation imposed by Minnesota or Federal statutes or local ordinances and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. The permit shall be permissive only and shall not be construed as stopping or limiting any claims against the permittee for damage or injury to persons or property, or any waters of the state resulting from any acts, operations or omissions of the permittee, its agents, contractors or assigns for damage to state property, or for any violation of the terms or conditions of this permit. No assignment of this permit shall be effective until it is executed im writing and signed by the parties thereto and thereafter approved by the Agency. No major alterations or additions to the disposal system shall be made without the written consent of the Agency. The use of the disposal system shall be limited to the treatment and/or disposal of the sewage, industrial waste, other waste materials or substances described in the plans and/or permit application and associated material filed with the Agency. The Agency may modify, suspend, or revoke in whole or in part, this permit after giving notice and providing an opportunity for a public hearing or by taking direct enforcement action, or any just cause including failure: (a) to comply with the terms stated herein, or (b) to comply with Agency water quality regulations and standards presently in force. Nothing herein shall prohibit the Agency from exercising its emergency powers. -3- 15) The permittee acknowledges that nothing contained herein shall prevent the future adoption by the Agency or its predecessors of any pollution control regulations, standards, orders or statutes more stringent than those now in existence or prevent the enforcement and application of such regulations, standards, orders or statutes to the permittee. 16) The Agency, its officers, employees and agents review and comment upon engineering reports and construction plans and specifications regarding this permit solely for the limited purpose of determining whether such report, plans and specifications will enable the facilities subject thereto to reasonably comply with the regulations and criteria of the Agency. 17} This. permit ha~ nnt been reviewed by the U. S. Environmental Protection Agency and 'is not issued pursuant to Section 402 of the Federal Water Pollution Control Act Amendments of 1972. 18) The pla~s for the project have been approved with the reservations stated on the a~,tached sheet entitled "Information Relative to Review of Plans and Permit App.lication." 19) The permit~'ee shalllcomply with all rules, regulations and requirements of the Minnesota Environmental Quality Board prior to construction of the proposed project. This permit is not effective until the permittee completes all applicable environmental review (EnVironmental Impacts Statement or Environmental Assessment Worksheet} which may be required for the project. 20) This permit authorizes the Holder to perform the activities described herein under the conditions set forth. In issuing this permit, the state/agency assumes no responsibility for any damage to persons, property or the environment caused by the activities of the Holder in the conduct of its actions, including those activities authorized, directed or undertaken pursuant to this permit. To the extent the state/agency may have any liability for the activities of its employees, that liability is explicitly limited to that provided in the Torts Claims Act, Minnesota Statute § 3.736. MINNESOTA POLLUTION CONTROL AGENCY Vater Quality Division INFORMATION RELATIVE TO REVIEW OF PLANS,AND PERMIT APPLICATIONS June 1, 1992 The review of plans and specifications for sewage, industrial waste or other waste disposal systems and application for permits is made in accordance with the authority conferred by law (see MS, Section 115.07). Approval of plans and permits is based upon the assumption that the information, provided by the applicant is correct and that all necessary legal requirements have been or viii be satisfied. Plans for sewage, industrial ~aste or other waste disposal systems are examined with regard to the design features which apply to operation and maintenance of the treatment works or sever system, the degree of treatment to be provided, the effectiveness and reliability, of the system or me~hods employed, and compliance with applicable standards systems. The bulletin entitled Recommended Standards for Wastewater Facilities, 1990 Edition, and supplements thereto, as well as other information are used in examination of the design, operation and maintenance aspects of the proposed system. Sewer plans are recommended for approval on the basis that the system is to collect only domestic sewage and such industrial or other waste as may have been provided for in the design. Foundation or footing drains to collect ground water and roof drains or other surface water conduits should not be connected to the sanitary sewer system. Adequate field supervision and inspection by a qualified representative of the owner should be provided at all times during construction to assure that the project is constructed in compliance with the approved plans and specifications. The Agency assumes no responsibility for the integrity of structures or physical featuras, or for the reliability, durability or efficiency of specific items of propriety equipment or material. Ail applicable federal, state and local laws, regulations or ordinances must be followed in the design, location and construction of proposed sewer systems or treatment works. The Agency reserves the right to withdraw its approval of plans if construction is not undertaken within a reasonable period after issuance of the permit. Minnesota Pollution Control Agency December 21, 1994 The Honorable Skip Johnson Mayor, City of Mound 5341Maywood Road Mound, Minnesota 55364-1687 Dear Mayor Johnson: Enclosed is a copy of Permit Number 19458 for the construction and operation of a sanitary sever extension system to be located in Mound, Minnesota. Please carefully review the permit including any Special Conditions, General Conditions (No. 1-20) and information relative to plans and the permit application. Please let us know if you have any questions regarding these documents. If you do have questions, you may contact me at the address listed below or call me at (612) 296-7762. If you like, you may also use our toll free number, which is 1-800-657-3864. Donald K. Perwien, P.E., Staff Engineer Compliance Unit 1 Municipal Section Vater Quality Division DKP:jae Enclosures: Sewer Extension Permit cc: City Council c/o Edward Shukle, Jr., Manager Coffin and Gronberg, Inc. Metropolitan Council-Wastewater Services, c/o Don Bluhm Metropolitan Council-Technical Services, c/o Marcel Jouseau 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY) Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester Equal Opportunity Employer · Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. Minnesota Pollution Control Agency PERIIIT FOR THE CONSTRUCTION AND OPERATION OF A DISPOSAL $¥$I'~! CITY OF MOUND Hennepin County Pursuant to authorization by the Minnesota Pollution Control Agency (MPCA), and in accordance with the provisions of Minn. Stat. chs. 115 and 116, plans are approved and a permit is hereby granted to the above-referenced Permittee for the construction and operation of a sanitary sewer extension in Mound, Minnesota. The facilities will consist of 218 linear feet of 8 inch sanitary sewer pipe, including 243 linear feet of 4 inch forcemain and a lift station equipped with two submersible pumps. The facilities are further described in MPCA approved plans and specifications designated as: "Utility and Street Improvements of Teal Pointe" received November 9, 1994, prepared by Coffin and Gronberg, Inc. for the city of Mound. It is the Permittee's responsibility to assure compliance with any special conditions and the general conditions that are required by this permit. This includes taking all necessary measures needed to comply, including, but not limited to, the notification of contractors or others who may be carrying out this work. PERMIT NUMBER: 19458 DATED: December 21, 1994 Laurie H. Maftlnso~ /Acting Supervisor,~Compliance Unit 1 Municipal Section Water Quality Division 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 ('l-I'Y) Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester Equal Opportunity Employer · Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 December 13, 1994 Mr. Neil Weber and Mr. Fred Bame c/o John Bessesen BESSESEN PROPERTIES 33 lOth Avenue South Hopkins, MN 55343 SUBJECT: ESCROW DEPOSIT FOR NEW APPLICATION FOR TEAL POINTE PDA Dear Mr. Bessesen: I have notified the City Finance Director, Gino Businaro, that your original Teal Pointe escrow account should be balanced and closed out and that a new account must be established for your new preliminary and final plat application. The City Code requires a one thousand dollar ($1,000) escrow be submitted with your application. This escrow is needed in order to process your request through the next City Council meeting. I have directed staff to discontinue any further work until the escrow deposit is received. Please submit the required escrow deposit as soon as possible so work may continue on your proposal. ~~~ d w~a rd~.jpectfully' City Manager pJ CC: Neil Weber, Box 33, Waverly, MN 55390 Fred Bame, 900 Mendelssohn Ave. N., Golden Valley, MN Jon Sutherland, Building Official Gino Businaro, Finance Director 55427 printecl on recycled paper MINUTES OF A MEETING OF Title MOUND ADVISORY PLANNING COMMISSION DECEMBER 12, 1994 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Jerry Clapsaddle, and Mark Hanus; City Council Representative, Liz Jensen; Planning Consultants, Mark Koegler and Bruce Chamberlain; Engineer Consultant, John Cameron; Building Official, Jori Sutherland; and Secretary, Peggy James. Absent and excused were Commissioners Bill Voss, Lisa Crum, and Ed Surko. The following people were also in attendance: Jim Brunzell, John Edewaard, Brad Biermann, Todd Rask, Nancy Clough, Alice Rogers, Reuben Hartman, Glenn Melena, and John Bessesen. MINUTES The Planning Commission Minutes of November 14, 1994 were presented for approval. Hanus requested a change to the last paragraph on page 2, as follows: "Elevation requirements were discussed. Hanus noted that lock boxes are not required to meet the Regulatory Flood Protection Elevation of 933. Hanus /$ ~,~ fc;'or cf rcqu']r]ng $crcc,~[~,g supports screeninq to mitiqate the setback." MOTION made by Mueller, seconded by Hanus, to approve the Planning Commission Minutes of November 14, 1994 as amended. Motion carried unanimously. CASE #94-77: "TEAL POINTE" PLANNED DEVELOPMENT AREA (PDA), RE-APPROVAL OF PRELIMINARY AND FINAL PLATS. BLOCKS 10, 11, 15 & 16, WHIPPLE. PUBLIC HEARING. Planning Consultant, Bruce Chamberlain, reviewed his memorandum. On May 10, 1994 the City Council approved, with conditions, the final plat for Teal Pointe. The plat was not filed by the sunset date. On November 22, 1994, the City Council reviewed a request to release the plat for filing. The City Council determined that the preliminary and final plats must be re- approved by both the Planning Commission and City Council. There are no changes to the proposal that was previously granted final plat approval. Many development issues have been resolved, including: EAW review, Indian Affairs Council review, refined Plans and Homeowner's Documents were approved by the City Council, Legal aspects including a title search, and necessary street vacations. An aspect of project approval which has changed is the adoption of the Shoreland Management Ordinance (SMO). Development on Lots I 3 is being proposed within a designated bluff zone on slopes exceeding 30 percent. When the project was first submitted the SMO was drafted, but had not been adopted. The City Council could have applied these regulations at that time, however, chose not to. The project will require a variance from the provisions of Section 350:1225, Subd. 3 of the Mound City Code which addresses bluff setback. Planning Commission Minutes December 12, 1994 As proposed, the development plans for Teal Pointe will require the following approvals from the City Council. Approval of a conditional use permit to establish Teal Pointe as a Planned Development Area (PDA). The conditional use permit should also address the issue of establishing Outlot A as a private street. Section 330:95, Subd. 1 states, "Private streets shall not be permitted, nor shall public improvements be approved for any new private street unless approved by the City Council as part of a conditional use permit for an overall development plan." Approval of the preliminary plat for Teal Pointe. This approval should include the following variances: Street frontage variances for Lots 1 - 3. They will front on a private street rather than on an improved public street. Cul-de-sac length for Windsor Road. The Subdivision Ordinance limits cul-de- sacs to 500 feet in length. As proposed, Windsor Road will have a total length of approximately 720 feet. A variance for the right-of-way (ROW) width for Windsor Road including the cul- de-sac bubble. The plan calls for a ROW width of 40 feet instead of the required 50 feet and a cul-de-sac bubble radius of 40 feet in lieu of the required 50 feet. A variance on the paved area of the cul-de-sac bubble. The plan calls for a paved area with a 35 foot radius compared to the normal 40 foot standard paved radius. A variance from the bluff area setback requirements of the SMO. The plans call for home construction on lots 1 - 3 within a designated bluff zone as defined by the ordinance. To minimize the impact on vegetation and slopes on these lots, the developer is proposing and will be required to construct caisson and cantilevered style structures. Approval of the final plat for Teal Pointe. The developer is requesting simultaneous approval of both the preliminary and final plats which is allowed in the Mound City Code. Assuming the project is approved as presented and based on information the developer has already provided, conditions A. through P. are suggested for final plat approval for Teal Pointe in addition to the issues raised in the City Engineer's report dated December 7, 1994. Conditions A. through P. are the same as previously approved, with the exception of two changes: 1) Condition "C." was modified, the number of days in which construction must be completed was changed from 180 days to 280 days, and the amount of the escrow guarantee was increased from $127,500to $155,000, and 2 Planning Commission Minutes December 12, 1994 2) Condition "F" was added, and reads as follows: "The plat shall be filed with Hennepin County within sixty (60) days of the City Council approving the final plat. If the plat is not filed within that time period, it shall become null and void." Chamberlain recognized the Memo prepared by John Cameron, City Engineer. Planning Commission Discussion. Mueller questioned where the buildings are proposed to be located on lots 1, 2, and 3; will they be in the bluff zone, or within the required setback from the top of the bluff. Koegler commented that it is safe to say that a portion of each structure will be within the bluff impact zone. A bluff impact zone is the bluff area itself and 20 feet from the top of the bluff. Mueller noted that the Shoreland Management Ordinance does not allow construction of houses in a bluff impact zone. Koegler confirmed that the variance request is not for setback to the bluff, but is a variance request to allow construction within the bluff impact zone. However, Koegler clarified that the request is also a PDA which is under a Conditional Use Permit which gives the City of Mound more authority than it has under traditional zoning, and therefore, it could apply any rules or reasons that are found to be applicable to the particular property, and the Council previously chose not to apply the bluff standards which were in the process of being adopted at that time. Mueller referred to packet page I 1, item L. which states a proposed condition of the final plat, as follows: "Impervious cover on individual residential lots shall be limited to no more than 30% of the lot area." Mueller questioned if the covenants restrict construction of hardcover on the lots. Chamberlain replied no. Mueller questioned if there is a different applicant or owner from the original application when the plat was approved. Staff confirmed that they are the same. Geoff Michael noted that within John Cameron's letter he stated, "we have received only the manufacturer's standard pre-printed package" for the lift station, and questioned if the City has received any updated material. John Cameron indicated they have not. Geoff Michael questioned John Cameron if he is still concerned about the details relating to the installation of the proposed retaining wall. John Cameron indicated yes, and explained the history of the retaining wall issue. He explained that he did not realize the number of large trees that could be damaged by the installation of this retaining wall. He is also concerned about maintenance, since the wall is proposed to be less than 12 inches from the adjacent private property. The retaining wall was discussed at length. It was noted that the reason the retaining wall is now part of the plan is because easements were not granted by the adjacent private property owners to allow for grading, and a retaining wall is the developer's other proposed option that was originally approved by the Council. Cameron explained what the proposed wall will look like, it is to be constructed of corrugated steel, and at the highest point, will project about 10 feet from grade on the south side, and about 5 feet on the north side. Staff confirmed that a copy of the application was sent to the DNR. 3 Planning Commission Minutes December 12, 1994 Mueller questioned if the City has approved the development of other private roads in the last two years. Koegler replied that he does not recall approving any private roads in the last ten years. It was noted that the proposed private road accessing lots 1, 2, and 3, exceeds the 8 percent grade requirements and is narrower than the required width for public roads. Staff noted that the private road is not required to meet the City's requirements for public roads. Mueller also noted that variances are requested for lots 1,2, and 3 because they do not abut a public right-of-way, and other requests have not been approved for this reason. Mueller reported that the Planning Commission has not had the opportunity to review the homeowner's documents. Drainage was discussed. Chair Michael opened the public hearin,q. Alice Rogers, owner of the property at the south side of the 10 foot retaining wall, questioned how she will be able to build a house on her vacant lots. John Cameron noted that she would have to bring fill in to provide for access. Alice Rogers stated she is not in favor of the retaining wall. John Edewaard distributed to the Planning Commission copies of "An Analys/s of the Teal Po/nte Development Proposal" He explained that the information in the Analysis is based on information either submitted to the City during the EAW process, or is direct citations from the Mound Ordinance. Relating to the proposed retaining wall, Edewaard referred to page 9 of the analysis, Subd. 1 2. which states, "Hardship to Owners of Adjoining Property. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it." Edewaard stated that the retaining wall will block access to the existing adjoining sites. In addition, if fill is needed to create access to these properties after the retaining wall is installed, and if the adjacent property is determined to be in a bluff zone, is fill allowed? He referred to the SMO which limits filling in a bluff zone. Koegler could not confirm Edewaard's claim without doing further research. Edewaard referred to page 2 of the analysis, and indicated that some of this information came from the Owner's Certificate of Title on file at Hennepin County. Edewarrd explained that Mr. Weber is not listed as an owner of the Teal Pointe Development Co. Inc., and according to the Secretary of States Office, The Weber Group Inc., who purchased the property from the City and sold the land to the Teal Pointe Development Co. Inc., is dissolved according to statute because they failed to send in their yearly registration. Also, the charter for the Teal Pointe Development Co. will expire with the State at the end of 1994. Today, they are not a legally chartered corporation, unless they make the necessary filings with the Secretary of States office. Edewaard clarified that that Neil Weber is not an owner of the company, and he knows this for a fact. 4 Planning Commission Minutes December 12, 1994 Edewaard referred to page 6 of his analysis which lists comments on the EAW from the Met Council, the DNR, and the MPCA. He explained that the comments, in their entirety, were not reflected within the EAW, and he that these comments were truncated in the EAW by the City Planner. He reviewed the statements and summarized that the DNR and the Met Council do not feel that Lots 1, 2, and 3 should be developed. Edewaard suggested that this project be sent back to the drawing board, because, in his opinion, this development is not the highest and best use for the property, especially the bluff zone. Jim Brunzell, owner of 5111 Windsor Road which is located just north of the proposed retaining wall, stated that when he was asked by the developer to sign an agreement to allow fill on his property, he was not given any specifics, and therefore did not give permission. He was then told a retaining wall would be installed. He does not feel the developers made an effort to work with him on this issue. He is concerned about maintenance to the wall and how his property could be affected. Brad Biermann, owner of 5106Windsor Road. He is concerned about the retaining wall. He is concerned about drainage and possible ponding on his property. He is not excited about looking at the retaining wall, and he feels it would reduce his property value. He suggested that access, such as a stairway, be provided to the wetlands. He is opposed to fill being placed on his property because he is concerned about the trees. Todd Rask, owner of 5109 Drummond, is concerned about the development of lots 1,2, and 3 and how this will affect the adjacent properties. He also requested that the Park Dedication fees be re-assessed. He is also concerned about how this retaining wall will affect access to the wetlands. Chair Michael closed the public hearing. Clapsaddle questioned the status of the project. Staff clarified that due to the expiration, this application is being considered as a "new project." However, the request has not changed and did receive previous approval by the City Council. Jensen commented that there is conflicting information in our ordinance as to when did, or does, something expire, and to her knowledge the City did not send a letter to the developers warning them of the expiration date. But when the developer brings the plat in for signing at an obviously late date, which has already been questioned, it seemed prudent for the Council to take the most conservative approach, and therefore, this is being considered a new project. Clapsaddle commented that this development is very poorly planned and it is inexcusable how it affects the surrounding properties. The project needs to be re-thought. Clapsaddle suggested a decorative bridge could be an alternative to the retaining walls. Hanus clarified that if the driveways for the adjacent vacant properties are installed on the westerly end, the amount of fill needed in order to gain access to the properties would only be about 2 feet. Mueller noted that filling on the vacant lot to the south would increase the slope, and therefore, would affect the bluff. 5 Planning Commission Minutes December 12, 1994 Mueller reiterated some of the issues: The EAW was reviewed by the Planning Commission in a different perspective because the SMO had not been adopted: 2. Lots 1, 2, and 3, should be considered unbuildable: The DNR does not recommend building on lots 1,2, & 3. The Met Council states that lots 1,2, & 3 should be considered unbuildable. The SMO says that these lots should not be buildable. 3. Our ordinance states there should be no private roads. There is no precedence for private roads. 4 The MPCA has standards for construction practices. Lots 1,2, and 3 have erodible soils, concerned about building on steep slopes and next to a sensitive wetland area. o He does not remember the Planning Commission discussing the retaining walls with the original application. He is concerned about the size of the wall and the impact of the wall to the adjacent property owners. o Concern about retaining walls abutting private properties without any easements to maintain the walls. 7. what are the hardships for granting the width and slope variance for the road? Increasing hardships to the adjacent property owners with retaining wall because they will have to look at it, and how do you get something to grow on the north side of a five foot wall? Nothing can grow to cover it. What are the hardships. Are they specifically designed? Are we minimizing the impact of the hardships? Geoff Michael asked if the owner or applicant was present. John Bessesen introduced himself as applicant for the project. Mueller moved, and Clapsaddle seconded a motion to re-open the public hearing so they may hear from the applicant. Motion failed. It was determined that the Chair and Commission could address the applicant without re- opening the public hearing. John Bessesen informed the Commission that the project is owned by Teal Pointe Development Corporation which is Fred Bame and Nell Weber as Vice President. Maybe they have been remiss on filing their corporate taxes, but he will make sure this is done by 1995. He is not an owner of the property, he is an applicant, and he is on the Board of Directors. 6 Planning Commission Minutes December 12, 1994 He was asked to oversee the project. He feels they were mislead by what the City had told them and by what actually came to pass with regards to the filing of the plat. He thinks this issue should possibly be addressed at some other level, and that he has reviewed this matter with legal council, and that the Planning Commission need not make a decision tonight. MOTION made by Clapsaddle, seconded by Mueller, to recommend denial of the preliminary and final plat for the "Teal Pointe" Planned Development Area, with Findings of Fact. Jensen stated that she is uncomfortable with the motion. The preponderance of the facts have not changed, but a couple of key things did, such as the existence now of the SM0 which was not in place when the original application was received, versus the issue that gets raised when we have an applicant that appears to have been lead to believe that this application could be extended. She has major concerns with the retaining wall and how it affects other people. The findings of fact were clarified, as follows: The DNR agrees that lots 1, 2, and 3, are essentially unsuited to residential development. o The Metropolitan Council recommends that lots 1, 2, and 3 be considered unbuiidable. e Mound's Shoreland Management Ordinance (SMO} states that no construction shall occur in a Bluff Impact Zone. Mound's Ordinance does not allow for private roads, and there is no recent precedent to approve a private road within the City of Mound. The Planning Commission did not review placement of steel corrugated retaining walls with the original request. These retaining walls will negatively impact the abutting property owner's rights. 6. The City Engineer has expressed the following concerns: Lack of easements to allow for maintenance of retaining walls (wall to be approximately 12 inches from private property). If a road width variance is requested due to the lack of maintenance easements for the retaining walls, there is concern for reduced roadway widths, especially for a narrow, elevated path with guardrails. c. Private street concerns for Outlot A. do The possible negative impact of the retaining walls on the surrounding trees located on private property. 7 Planning Commission Minutes December 12, 1994 w According to the City Planner, there is a lack of documentation in the by-laws and Covenants and Restrictions that would require a maximum 30 percent impervious surface coverage on their property. The variances being requested are not the minimum to alleviate the hardship. Also, the hardships creating the variances should not be specifically monetarily motivated. Mueller commented that he would like to see the Park Dedication fee adjusted, he believes the ordinance specifically states that the fee should be 10 percent of the fair market value. Weiland commented that he is not in favor of developing lots 1,2, and 3, but he does not see a problem with the balance of the development. MOTION to deny carried 5 to 1. Those in favor of denial were: Clapsaddle, Mueller, Michael, Jensen, and Hanus. Weiland was opposed. This request will be heard by the City Council at a public hearing on January 10, 1994. CITY COUNCIL REPRESENTATIVE'S REPORT Liz Jensen reviewed the City Council meeting of November 22, 1994. Mueller questioned Jensen if the resolution approving the Town Square (Commerce Place) parking plan should be reviewed. Jensen stated that she questioned how much of the business people are paying for the CDB parking program, and how much the general tax payer pays. Jensen will raise this issue with the Council. MOTION made by Mueller, seconded by Clapsaddle, to adjourn the meeting at 10:27 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 8 An Analysis of the Teal Pointe Development Proposal l~y John Edewaard Abstract: (1) The proposed Teal Pointe Development is based upon promises made to the original buyer that cannot be passed onto subsequent developers and (2) the pro- posed development was not properly reviewed to determine the impact of existing ordinances by the reviewing authority. I am a resident of Mound, MN and strongly oppose the Proposed Teal Pointe Development. My purpose is to create recognition of the reasons to disapprove this proposal. The facts of the Proposed Teal Pointe Development are outlined below. 1. The City of Mound sold, by Quit Claim Deed, the subject property to The Weber Group Inc. on April 14, 1987. 2. Mr. Weber claims that, in 1987, he received acceptance for his concept plan. 3. No development contract or binding agreement was signed by the City of Mound and The Weber Group concerning the concept plan. 4. The Weber Group Inc., on April 17, 1991, sold the subject property to The Teal Point Development Co. Inc. for approximately $90,000 (on 8/14/93 lots 1, 2, 18, and 19 block 23 were incorporated into this parcel). 5. Any promises made to the Weber Group Inc. remained with the Weber Group and did not pass On to the new purchaser or remain with the land. 6. Since the original sale in 1987, many of the ordinances that would have permitted certain uses of the plat are now more stringent and preclude the area from development. 7. Changing ownership without the necessary agreements between the City and the new owners terminates the original plan of The Weber Group. 8. The City of Mound should exercise caution before accepting a development contract from Teal Pointe Development Co. According to records within the Secretary of States Office, the Teal Pointe Development Co. is inactive and will be dissolved by stature at the end of the year and The Weber Group Inc. is dissolved. Any contract entered into with these two companies might be highly suspect. The fact that (1) the original concept terminated with the sale of the land to Teal Pointe Development Co. and that (2) the Teal Pointe Development Co. is inactive and will be dissolve by statute at the end of the year, and The Weber Group Inc., is dissolved should dictate to the City to err on the side of caution. Actions taken by the City Council to this date appears to confer special privilege to the developer. The developers concept plan and subsequent promise by the city to develop do not apply to Mr. Bessesson and Mr. Bame. Is Mr. Weber a part of their corporation, an agent or does he have a role?. Since this is a new application, some of the facts gathered regarding this Planned Unit Development are subject to review. Several issues were raised at the initial planning commission meeting. 1. How will the pending Shoreland ordinances apply to this project? 2. How will the pending Shoreland ordinances affect a decision at this hearing? At the last hearing, the planming commission felt they had 30 days to decide upon the application (pursuant to ordinance 330:35 subd. 8). The advice they received was inaccurate. The planning commission should have received council that while the public hearing is open (the preliminary plat could have been tabled and the hearing could have been held open until all facts were reviewed), there is no time limit upon the commission. Any deadline placed upon the planning commission is imposed by the commission itself, by the action of closing the public hearing which gives it 30 days to rule. The preliminary plat is approved ff no action is taken within 30 days by the Planning Commission. Closing the hearing imposed an illusory sense of urgency, causing the planning commission to pass the responsibility of approval onto the city council with the requirement that the City Council verify the following. · Lots 1, 2 and 3 are not within a Bluff Impact Zone and that dwellings can be built upon these Lots · The preliminary plat complies of the Shoreland Management Ordnance The City Council then had the responsibility of reviewing this plan with consideration of the Proposed Shoreland Ordinances. The Planning Commission had approved other projects with the understanding that they comply with the Shoreland Ordinance. The City Council never reviewed the plan with consideration of the Shoreland ordinances. Instead, the action by the planning commission was interpreted by the City Council as having determined that any impact was negligible. Final approval was consequently offered Teal Pointe. If an applicant for a variance purchases property with actual or constructive notice of zoning ordinance's restrictions, then its hardship is self-created and does not constitute "undue hardship" within subd. 6 of this section. Castle Design & Development Co., Inc. v. City of Lake Elmo, April 1986, 396 N.W.2d 578. Mound City Ordinance states that hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by any landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the ordinance. MSA 462 provides that a variance allows property to be used in manner forbidden by zoning ordinance while a special-use permit allows a use expressly authorized by the ordinance; thus, a heavy burden is imposed on applicant for a variance to show that its grant is appropriate, while where a special permit is sought, burden is on person opposed to the grant to establish facts compelling its denial. Luger v. City of Burnsville, 1980, 295 N.W.2d 609. The above defines a hardship and explains that the developer must show compelling reasons for the Council to issue a variance. Where undue hardships on which landowner based his application for subdivision of lot and variances to permit building two residences on subdivided lot were primarily concerned with cost of owning and maintaining a large lot, city council could have rationally concluded, that this kind of hardship was insufficient to justify granting subdivision and requested variances. VanLandschoot v. City of Mendota Heights, 1983, 336 N.W.2d 503. In the Teal Piointe Subdivision, no hardship exists. The Developer, Mr. Bessesen and Mr. Bame were aware of the zoning restrictions at the time of purchase of the property. Therefore, only an economic hardship exists and approval of this is specifically forbidden by statute. Regarding the planning report prepared by Hoisington I~ioegler Group Inc. the back,round statement is not an entire representation of the truth. Mr. Bessesen claims that he was negotiating with the adjoiming property owners regarding placement of f~ll on their property. Mr. Bessessen through Abdo & Abdo Associates sent coorespondence to adjoining property owners twice. 1. Initially a letter outlining Mr. Bessesen intentions to develop Windsor road and Teal Pointe. 2. Subsequently another letter asl~ing adjoining property owners to grant him and his company an easement to grade and ~l! on their property. Basic elements to a negotiation in good faith are absent and in place are demands with no offer of consideration. No timing was specified and there were no contractual promises offering performance. Adjoining property owners were looking for an offer with consideration. Since Mr. Bessesen made no offer, there were no negotiations ongoing. Statewide Standard for Management of Shoreland Areas published by the Minnesota Department of Natural Resources, Division of Water states the following. Local government officials must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf on vegetation. Structures and accessory facilities except stairways and landings must not be placed within Bluff Impact Zones. Is the City Council going to comply with the above guidelines? Through the Environmental Assessment Worksheet process several mitigating factors surfaced that apply to this development. The Metropolitan Council, the Minnesota Department of Natural Resources, and the Minnesota Pollution Control Agency all raise serious concern over the suitability of soil within the development site. The Hennepin County Soil Survey classifies this soil in the Erin loam series. They indicate that the soils on the site in areas with greater than 12 percent slopes have severe limitations for residential development because of the high cost of building sites, installing utilities, and grading streets. The Hennepin County Soil Survey recommends against any construction in Erin loam soils on slopes exceeding 18 percent, due to their propensity for rapid erosion once disturbed. The Minnesota Department of Natural Resources agrees with the contention that Lots 1, 2, and 3 are essentially unsuited to residential development. The DNR questions whether any development should occur on any part of the proposed development area due to the steep slopes, and the proximity of homes within the Bluff lmpact Zone. The Minnesota Department of Natural Resources recommends that all run off leaving the site should be treated with retention ponds prior to discharge into the neighboring wetlands. Proper treatment of storm water will help maintain the existing water quality of nearby basins. This recommendation is in conflict with the water management plan. Because of the steep slopes it is difficult ff impossible to retain runoff in the Bluff area. The resulting run off from all of Lots I through 4, from the rear yards of lots 5 through 9 and from the private road access to lots 1, 2 will flow overland to the adjacent wetland. Although this meets the criteria of the Minnehaha Creek Watershed District's Rule B, it will have a detrimental impact on 40 to 50% of the project area. While homes on lots I through 3 are proposed to be built on stilts to mlu~mize grading, disturbance and increased levels of erosion will be unavoidable during both the construction phase and post-construction period. Erosion due to the adverse impact upon upland vegetation as a result of die-off of vegetation below the homes on lots I through 3 and from increases in uncontrolled storm water run off from constructed impervious surfaces will degrade the water quality of storm water runoff into the wetland if development occurs. The Metropolitan Council recommends that lots 1 through 3 be considered un-buildable, in concert with the recommendations of the city's current Shoreland Management Ordinance section 350. The statements above are alone reason to disapprove this project. The Zoning Variance requested by Maxine Beissel (described below) was denied by the City Council and the Planning Commission because the request was not in compliance witl~ Zoning Codes. Tl~is is the same problem with the Teal Pointe Subdivision Application even though the facts are different, both are not in compliance. In the minor subdivision application for Maxine Beissel, the planning commission moved a resolution denying her a minor subdivision of property at 1720 Dove Lane. Maxine Beissel owns three lots which front on Dove Lane. Dove Lane is the only public street serving the properties. Those lots have been combined since Lots 7 and 8 do not abut a public street and require lot 9 to provide frontage on a public street. In the resolution for denial for Maxine Beissel, the following statements present a arguement against the Teal Pointe development: 1. "The City Planner, Planning Commission, and City Council are concerned that this unusual configuration does provide two lake lots but the division design probably would require future variances to make the property construction :,vorthy, and the existing house on the property would be non-conforming if this division were to be allowed. The proposed division would perpetuate and create a zoning situation which is in conflict with the intent of Minnesota Statutes, Chapter 462; Section 330 of the City Code; and the Comprehensive Plan." 2. "The proposed artificial configuration creates an undesirable "shoe horn" effect to try and get two parcels with frontage on public commons and creates a "stacking" of houses which is undesirable, over-utilizes the property, and creates a situation where there are no back yards. The City of Mound has enacted subdivision and zoning ordinances which prohibit the division of lands which conflict with the Comprehensive Plan and the Zoning Ordinance." 3. "The division of the property which has 20 feet of street frontage for one parcel does not comply with the intent of the zoning and subdivision codes of the City of Mound." 4. "The division of the parcel into what is called a 'bottle neck lot" would establish a precedent and other property owners could request to develop their rear yards using the same logic, and this division would create two parcels with no back yards." 5. "If this particular parcel which has a deep back yard is developed in this manner there is no logical reason why other parcels throughout the City which are narrow but long would not be divided and this would result in heker-skelter planning and properties being constructed in the back yards of other properties and would restrict the use of adjacent properties and would create parcels with minimum public street frontage and a stacking of parcels along public or private commons." 6. "There are no unique circumstances or conditions affecting this property such that the strict application of the provisions of the zoning and subdivision ordinances deprive the applicant of the reasonable use of his land." 7. "Denial of the proposed subdivision does not preclude the property from being divided into two lots The applicant has available, other ways to subdivide the subject property that will result in the creation of two lots that are consistent with the spirit and intent of the Mound Zoning Code and Mound Subdivision Ordinance." 8. "The proposed subdivision and variance to the zoning ordinance regulations to accommodate the existing house even on a short basis are not necessary for the preservation and enjoyment of a substantial property right of the applicant." 9. "The City Council has by adoption of subdivision and zoning ordinances laid out a procedure for the development of the City in such a manner that it will be done eff~ciently and will result in a minimal expenditure of public moneys to work around unusual developments It would be a bad precedent for the City and its management of properties under the zoning and subdivision ordinance to allow this division. The following Mound City Ordinance provides zoning standards that subdivisions must comply with for Planning Commission approval. The Teal Pointe Subdivision does not comply with this Ordinance. Section 350:415 states that a lot of record in a residential district may be used for single family detached dwellir~g purposes provided the area thereof meets all setback and minimum lot area requirements of this ordinance, provided: Subd. 1. It has frontage on an improved public right-of-way. Subd. 2. It was under separate ownership ~om abutting lands upon or prior to the effective date of this ordinance. Subd. 61 - Hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by any landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the ordinance. Section 330:90. Design Standards, General Requirements. Subd. 1. The Planning Commission and the City Council in their review of' the preliminary plat will take into consideration the requirements of' the community and the best use of the land being subdivided. Subd. 2. The subdivision shall conform to the adopted Zoning Ordinance and shall be in substantial conformance to the goals and policies Set forth in the Comprehensive Plan. Subd. 11. Private Streets. Private streets shall not be permitted nor shall public improvements be approved for any private street unless approved by the City Council as part of a conditional use permit for an overall development plan. Subd. 12. Hardship to Owners of Adjoining Property. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Subd. 76 - Substandard lot is a lot of record which does not meet the minimum lot area, structure, setbacks or other dimensional standards of this ordinance. The City Council must review the Teal Point Subdivision with consideration for the Park Land Dedication Fee as stated in the Ordinance below. Section 330:120. Design Standards, Public Sites and Open Spaces and Park Land Dedication Subd. 1. Public Sites and Open Spaces. Where a proposed park, playground, or other pubhc site shown on the adopted Comprehensive Plan or official map is embraced, in part or in whole, by a boundary of a proposed subdivision and such public sites are not dedicated to the City, such public ground shall be shown as reserved land on the preliminary plat to allow the City the opportunity to consider and take action toward acquisition of such public ground or park by purchase or other means prior to approval of the final plat. Subd. 2. Park Land Dedication. In every plat, replat, or subdivision of land allowing development for residential, commercial, industrial, or other uses or combination thereof, or in a planned development area, or where a waiver or variance is granted, a reasonable portion of such land and/or cash shall be set aside and dedicated by the tract owner or owners to the general public as open space for park and playground purposes or public ponds except where adjustments to lot lines do not create additional lots. Ten (10) percent of the property may be used for residential, multiple-family residential, commercial business or industrial purposes shall be deemed a reasonable portion. Said land shall be suitable for public use as parks and playgrounds or for one of the aforementioned described purposes, and the City shall not be required to accept land which will not be usable for parks and playgrounds or which would require extensive expenditures on the part of the public to make them usable. Subd. 3. At the City's option, except for minor subdivisions as herein defined, the subdivider shall contribute an equivalent amount of cash, in lieu of all or a portion of the land which the City .may require such owner to dedicate pursuant to Subd. 2 hereof, in accordance with the schedule to be set by resolution of the Council which cash contribution shall be a minimum of ten percent (10%) of the total fair market value of the land being divided. In no case shall the dedication in cash be less than $500 for each lot being created. A minor subdivision is a case where three residential lots or less are to be subdivided or created by a division and in those minor subdivisions the park land dedication shall be pursuant to a schedule to be set by resolution of the Council. In no case shall the cash dedication fee for minor subdivisions be less than five hundred dollars ($500) per lot being created. Subd. 4. Where the owner provides for public use, neighborhood park amenities such as, but not limited to, tennis courts, ball fields, open space or other recreational 12/07,'94 17:01 FAX 612 472 0620 CITY OF HOUR~ ~004 Application for MA.IOR SUBDMSION OF LAND / PB_ I~,I,1MINARY PLAT Phone: 472-0600, FaX: 472-0620 Distribution% Public Works Sketch Plan Reviews__ -- Preliminary Plat: --Final Plat: ESCROW Deposit: Deficient Unit charges? ~150.00 S150.00 $1.ooo.oo ._ Delinquent Taxes? City E_nginser _ ~ -- . ..~Ji .... 2 --- ..'...'.~- i.-J .. J ........................... Please ~y~ or print t~ foll~g ~o~tion: Appli=an~ s N~e (if o~her than o~r)~ EXISTING LEG~ DES~IPTION= Addition Zoning District -- Use of Pro~rty= Has an application ~ver been made for zoning, variance, ~ondition&l use permit, or o~her zonin~ procedure for this property? ( ) yes, ( ) no. I~ ~es, last date(s) of application, action taken, resolution n~mber(s} a~d provide copies of resolutions. This application must be .signed by all owners of the subject property, the e~tion given why thls is not case. 12/07/9A 17:0! FAX 612 472 0620 CITY OF MOUND Appli ' c:i.1;y o£ Moxtnd 5341 Ka]LrwoOd Road, Mo~.t.l~d, MIl 55364 ;~hone= 472-0600, yex~ 47~-0620 OO5 Name of Busings OT PI,, - ~EX~TING La, ~ ~ ~ock ~'' - ~L e,,k '~on PID~ ZONING - ,., ~~~ 1~~. ' . .ppli..nt, ph... (N)~' ~~ ~_ / , (M) . Phone 12/07/94 17:01 FAX 612 472 0620 Conditional U~e Perm/~ A~p!i~ation Pa~e 2 CITY OF MOUND 006 EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on the v£cini~y, including, but no~ limited =o t~af~£c, noise, light, smoke/odor, parking, a~d describe ~.he steps ~aken to mitigate If ap91icable, a develo~sn= schedule mhall be attached ~o this application providing reasonable guarantees for uhe comple~on of ~he proceed develo~en=. Est~ated RESIDENTIAL D~.VELOPMENTS ONLX; Number of S=ructures~ NUmber of Dw~l!ing Units ~er 5t=ucture~ Lot Area Per Dwelling Unit~__~___ s~. ft. Tota~LotArea: s~. ft. Has an applic&tion ever been made for ~oning, variance, conditional uze permit, or other zoning procedure for this property? ~ yes, ( ) no. Z~ ~es, list date(s) of application, action taken, resolution numbs~s) and provide copies of resolutions. Owner's Signature Date Hoisington Koegler Group Inc. 130 MEMORANDUM December 7, 1994 To: Mound Planning Commission From: Brace Chamberlain, Planning Consultant Re: Re-approval of Teal Pointe Residential Development preliminary and final plats. BACKGROUND: The final plat for Teal Pointe was approved with conditions by the City Council on May 10, 1994. Mound City Code Section 330:35, Subd. 9 allows the subdivider 60 days from the date of plat approval to file the final plat with the County. Because the developer was negotiating with adjacent property owners regarding an aspect of construction, the plat was not filed prior to the sunset date. Recently though the developer has requested the City to release the plat for filing. Upon hearing the request at their November 22nd meeting, the City Council determined that the preliminary and final plats must be re-approved by both the Planning Commission and City Council. The project being proposed poses no change from that which was granted final plat approval with conditions earlier this year. Through the previous series of project approvals, many development issues have been resolved. Teal Pointe has undergone extensive environmental review through an Environmental Assessment Worksheet resulting in added project requirements including a conservation easement around the perimeter of the wetland, modifications to the Homeowner's Documents and special construction requirements. · The Indian Affairs Council has reviewed the project and given their approval. · Plans and Homeowner's Documents have been refined and ultimately approved by the City Council exactly as they are presented for this re-application. · Legal aspects of the project have been resolved including a title search. · Necessary street vacations have been completed. REQUIRED APPROVALS: An aspect of project approval which has changed is the adoption of the Shoreland Management Ordinance. Development on lots 1-3 is being proposed within a designated bluff zone on slopes exceeding 30%. When the project was Land Use / Environmental · Planning/Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Memo - Mound Planning Commission December 7, 1994 Page 2 first submitted, the Mound Shoreland Management Ordinance was drafted but had not been adopted. The Planning Commission could have recommended and the City Council could have imposed the restrictions of the ordinance on lots 1-3 but chose not to. Now that the ordinance is adopted by the City, the project will require a variance from the provisions of Section 350:1225, Subdivision 3 of the Mound City Code which addresses bluff setback. As proposed, the development plans for Teal Pointe will require the following approvals from the City Council. Approval of a conditional use permit to establish Teal Pointe as a Planned Development Area. The conditional use permit should also address the issue of establishing Outlot A as a private street. Section 330:95 Subd. 1 states, "Private streets shall not be permitted nor shall public improvements be approved for any new private street unless approved by the City Council as part of a conditional use permit for an overall development plan." Approval of the preliminary plat for Teal Pointe. This approval should include the following variances: Ao Street frontage variances for Lots 1-3. They will front on a private street rather than on an improved public street. Bo Cul-de-sac length for Windsor Road. The Subdivision Ordinance limits cul-de-sacs to 500 feet in length. As proposed, Windsor Road will have a total length of approximately 720 feet. Co A variance for the right-of-way width for Windsor Road including the cul-de-sac bubble. The plan calls for a ROW width of 40 feet instead of the required 50 feet and a cul-de-sac bubble radius of 40 feet in lieu of the required 50 feet. Do A variance on the paved area of the cul-de-sac bubble. The plan calls for a paved area with a 35 foot radius compared to the normal 40 foot standard paved radius. A variance from the bluff area setback requirements of the Shoreland Management Ordinance. The plans call for home construction on lots 1-3 within a designated bluff zone as defined by the ordinance. To minimize the impact on vegetation and slopes on these lots, the developer is proposing and will be required to construct caisson and cantilevered style structures. Memo - Mound Planning Commission December 7, 1994 Page 3 Approval of the final plat for Teal Pointe. The developer is requesting the simultaneous approval of both the preliminary and final plats which is allowed in the Mound City Code. Assuming the project is approved as presented and based on information the developer has already provided, the following conditions are suggested for final plat approval for Teal Pointe in addition to the issues raised by the City Engineer's report dated December 7, 1994. The Developer shall secure and provide the City with a copy of a stormwater permit from the Minnehaha Creek Watershed District prior to the City releasing the final plat. Bo The Developer shall secure and provide copies to the City's Building Official, all required reviews and permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency prior to beginning construction. The Building Official will not authorize construction until permits are secured. Prior to the City releasing the final plat, the Developer shall sign a development contract furnished by the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within 280 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of $155,000 (125% of estimated construction costs) as per plans approved by the City Engineer. Do Outlot B as shown on the preliminary plat shall be dedicated to the City of Mound. The Developer shall furnish the City Attorney with all necessary information and assistance to transfer Outlot B to the City. This transaction shall be completed prior to the City releasing the final plat and shall be filed at the same time the plat is placed of record. Outlot A shall be limited in use to a private street and utility extension of Drummond Road to serve Lots 1, 2 and 3. An undivided 1/a interest in Outlot A shall be conveyed to each of Lots 1, 2 and 3 and bound to those parcels in the property tax records. It is further understood that all tax parcel descriptions shall include the individual lot and the undivided interest in Outlot A and this may not be divided off in the future. Memo - Mound Planning Commission December 7, 1994 Page 4 Fo Go Ho Ko Lo Mo No Oo The plat shall be filed with Hennepin County within sixty (60) days of the City Council approving the final plat. If the plat is not filed within that time period, it shall become null and void. The cost of public utilities in Windsor Road shall be borne by the developer, including a sanitary sewer pumping station design approved by the City Engineer. A Homeowner's Association shall be established for all lots within the subdivision according to the homeowner's documents already submitted to the City. Sanitary sewer service for Lots 1, 2 and 3 shall be provided by private individual lift pumps with the forcemains combined into one common line located in Ouflot A. This private line shall discharge into the public system located in Drummond Road. In regard to retaining wall construction at Windsor Road, the developer shall be responsible for furnishing an engineered retaining wall approved by the City Engineer and/or obtaining easements to place fill and provide maintenance on private property. Homes constructed on Lots 1-3 shall be caisson and cantilevered structures. Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans, prepared by a registered Landscape Architect for review by the City. The plans shall contain a master plan, tree inventory, erosion mitigation plan and a landscaping plan which details tree and ground cover replacement. Impervious cover on individual residential lots shall be limited to no more than 30% of the lot area. Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the Fire Chief and Building Official. The MPCA's Best Management Practices shall be applied to the development and subsequent management of the property. Park dedication in the amount of $500 per lot totaling $4,500 is to be paid prior to the City releasing the final plat. Memo - Mound Planning Commission December 7, 1994 Page 5 Any outstanding cash balance plus an additional $1,000 escrow plus any additional sums necessary to cover engineering, planning, legal and administrative fees shall be deposited with the City prior to the City releasing the final plat. The parameters of consideration have changed somewhat since Teal Pointe was first approved but approval is consistent with previous actions taken by the City. Copies of preliminary and final plats and road and utility plans are included in the packet. Staff will be available at the meeting to answer any questions. BC:MOUNDkTLREAPP.MEM McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612_/476-6010 612/476-8532 FAX Engineers Planners Surveyors December 7, 1994 Mr. Jon Sutherland Planning and Zoning City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: Final Plat - Teal Pointe Case #94-06 MFRA #7469 Dear Jon Enclosed is our revised Engineer's Memo for the final plat of Teal Pointe. It contains some minor and one significant revision from our previous report dated March 25, 1994. The amount of the escrow guarantee has been raised from $127,500.00 to S155,000.00. This increase is solely in the estimated cost of the lift station. As stated in Special Condition Number 27, the proposed lift station must meet the city's standards. At the present time, we have received only the manufacturers standard pre-printed package which does not begin to meet the city's requirements. There are numerous changes that will be required, the most significant being the control panel. Item No. 32 which reflects a change in the typical street section, has been added to the list of Special Conditions. We are still very concerned with details relating to the installation of the proposed retaining wall. It is beyond my comprehension how this wall can be installed less than 12 inches from the right-of-way line without dramatically affecting the private property. There are many large mature maples and oaks in this area, some of which may be on or very close to the street right-of-way. Driving sheet piling within a few feet of a mature hardwood tree will severely damage the root system, not to mention the overhanging branches, which could result in the tree dying. We were not aware of this problem until making a visit to the site and trying to determine the exact location and height of the walls. Without having the right- of-way located on site, it is impossible to tell if some of these trees are in the City's right-of-way or on private property. We also question how this wall will be finished with a protective coating and/or maintained in the future without access to the exposed portion from private property without an easement. An Equal Opporlunity Employer ~'~/ Mr. Jon Sutherland December 7, 1994 Page Two There are a number of alternatives that would help to alleviate these problems. The most obvious alternative of eliminating the wall and filling and sloping the area, which requires easements from the adjacent property owners, has already been proposed. Other solutions would be to narrow the street to 24 feet with a no parking restriction and/or steepen the street grade which would decrease the height of the wall. The narrower street would still allow only about 2 feet within the City right-of-way for access to the exposed surface of the wall. Either of these changes would require variances and need to be initiated by the applicant. If you have any questions or require additional information please contact me. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron City Engineer JC:mm Enclosure re:Jcl2.6 CITY OF MOUND, MINNESOTA ENGINEER'S MEMO TO PLANNING COMMISSION AND/OR CITY COUNCIL DATE: CASE NO: PETITIONER: FINAL PLAT: LOCATION: ASSESSMENT RECORDS: N/A YES NO X December 7, 1994 94-06 Teal Pointe Development Company Teal Pointe Windsor Road 1. Watermain area assessments have been levied based on proposed use. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. X Area assessments: 5. X Other additional assessments estimated: LEGAL / EASEMENTS / PERMITS: 6. X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and five feet (5') in width adjoining side and rear lot lines. 7. X All standard utility easements required for construction are provided - The City will require twenty feet (20') utility and drainage easements for proposed utilities along the lot lots were these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: 10. 11. N/A YES NO X X X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lines below the established 100-year high water elevation and conformance with the City's comprehensive stormwater drainage plan. Ail existing unnecessary easements and r±ghts-of- way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the Owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject Droperty is abstract property, then this requirement does not apply. It will be necessary for the property Owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the Ail necessary permits for this project have been obtained - The following permits must be obtained by the Developer: DNR Hennepin County X MPCA State Health Department X Minnehaha Creek Watershed District U.S. Army Corps of Engineers Other 12. X The Developer must comply with the conditions within any permit. Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary: - 2 - 13. 14. X N/A YES NO X Conforms with the City's ThorouGhfare Guide Plan - The followin9 revisions must be made to conform with the City's adopted ThorouGhfare Guide Plan. Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 15. X Ail existinG street riGhts-of-way are required width - Additional riGht-of-way will be required on UTILITIES 16. X Conforms with City standards requirinG the Developer to construct utilities necessary to serve this plat - In accordance with City standards, the Developer shall be responsible for constructinG the necessary sanitary sewer, water, storm sewer, and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 17. X Final utility plans submitted comply with all City requirements - The Developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). See Special conditions required 18. X Per the Developer's request, final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvement ProGram, a petition must be submitted to the City. The cutoff date for petitions is October 1 of the year precedin9 construction, if the Developer is payinG 100% of the cost. 19. X The construction plans conform to the City's Comprehensive Water Distribution Plan - The followinG revisions will be required: 20. N/A YES NO X The construction plans conform to the Comprehensive Sanitary Sewer Plan - City's 21. X The following revisions will be required: It will be necessary to contact Greg Skinner, the City's public utility Superintendent, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The Developer shall also be responsible for contacting the Public Works Department for an excavating permit prior to any digging within the City right-of-way. GRADING, DRAINAGE AND EROSION CONTROL: 22. X Have minimum basement elevations been established - Minimum basement elevations must be established for the following lots. All lots within the plat must meet minimum basement elevation of 933.0. 23. X Complies with Storm Drainage Plan - The grading, drainage and Erosion Control Plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. Ail of their recommendations shall be incorporated in a revised plan. The Grading and Drainage Plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: SPECIAL CONDITIONS REQUIRED: 24. Hand-placed rip rap over filter fabric required at storm sewer outlet into sediment pond and also at outlet to wetlands from baffled weir. 25. A letter shall accompany the final plat certified by an engineer or surveyor, that all lot sizes meet plat requirements. 26. Sheet pile retaining wall. Portion located in existing right-of-way for Cobden Lane should be shifted approximately 6 feet to the east, in case the westerly half of this right-of-way is ever vacated. Need complete final plans and specifications for wall and guardrail, including material to be used. 27. 28. 29. 30. 31. 32. Ce Guardrail cannot project into roadway past the back line of the concrete curb. Will also need detail for end treatment of guardrail. The proposed lift station must conform to the City's requirements. Additional information will be needed on items such as controls, ptunps, etc., before equipment can be approved for installation. The Developer shall be responsible for the installation of private utilit£es, such as telephone, electric and natural gas services. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. No building permits shall be issued until a contract has been awarded for utility and street construction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. Prior to acceptance of the completed subdivision by the City Council, it will be necessary to furnish ann Engineer's Certification of Completion. Upon receipt of said certification and recommendation by the City Engineer that the completed work will be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. The following items shall be the responsibility of the Developer and shall be covered by an escrow guarantee (surety bond, cash, certificate of deposit, or irrevocable letter of credit), as specified: Sanitary Sewer S Watermain S Storm Sewer S Grading and Street construction $ ESTIMATED TOTAL $ 56,000 14,000 4,000 50,000 124,000 Amount of escrow guarantee: Estimated total (S124,000) x 125% = S155,000 The proposed typical street section needs to be changed to show 6" class 5 gravel base with a 2" bitumens base course and 1 1/2" bituminous wear course. Submitted By: ~ ~////~ J~hn' Cameron, Oity- Engineer 612-8~5-3160 HOISINGTON KOEGLER 0~5 P02 DEC 07 '94 12:11 Ho;-,ington Koegler Inc. BD MEMORANDIYM To: Mr. lohn Bessesen Teal Point Developmcnt Corporation From: Bruce Chamberlain City of Mound Planning Consultant Re: Submission of materials for Teal Pointc. To insure that the Planning Commission has thc necessary materials to review the preJiminary and fmai plats, please submit the following items to Peggy at Mound City Hall by noon on Thursday December 8. 1) 16 full-size prints of the f'maI plat, preliminary plat and road and utility plan. 2) a new plat application with the appropriate information. 3) preliminary and ['mai plat application fee in the amount of $250.00. If you have any questions, please contact me. cc: Peggy Samcs, City of Mound Iaa~i Use / l~nvitoamen~ * PLanning / i~iga 7300 l~e~m Boulevat~i / $ui~¢ 52~ * l~nnr~oli~, b[inne~r, 554~ · (~! ~ ~.oc~n · I:.,. ~ ~ e:~_~ ~,n JOHN C. EDEWAARD 5125 Hanover Road * Mound, Minnesota · 55364-9395 Ms. Peggy James 5341 Maywood Road Mound, 3~N 55364-1687 Dear Ms James: 7 On November 22, 1994, the Mound City Council placed the Teal Pointe Subdivision back into a preliminary stage. Since the initial planning commission hearing, I have asked several times to have the Parks and Open Space Commission, and the Mound City Council review the $4500.00 recommendation for park dedication fees. During public meetings, the applicant or his representative stated that the fair market value of the property is $280,000.00. This figure has been affirmed by numerous accounts in the local newspaper and by the developer or his representative. Since this subdivision application was made, section 330:120, Subd. 2, and Subd. 3 have been reviewed for clarification and have since been applied to other developments within the limits of the city according to the ordinance as written in 1989. Incidentally, nowhere in this section of the ordinance does it state that the Parks and Open Space Commission needs to make a recommendation to the city council. However, since this results in a gain for the Mound taxpayers and the Park Dedication Fund it stands to reason that the P.O.S.C. would make a recommendation. At this time I am renewing my request to have this matter placed on the agenda of either the next Parks and Open Space Commission, Planning Commission, or City Council meeting to facilitate the change in recommendation to reflect a fee more consistent with Mound City Code section 330:120. Additionally, if city administrators do not apply this and other ordinances evenly and fairly to the satisfaction of it's citizenry, they will need to consider an ordinance change. Please advise me of your intentions so I can make the necessary preparations. C. Edewaard JCE/pcm MIN'UT~ - MOUND CITY COUNCIL - NOVE, MB~ 22, 1994 1.1 RECONFII~MATION OF FINAL PLAT FOR TEAL POINTE. City Planner, Bruce Chamberlain, reported that several weeks ago John Besseson, representing Teal Pointe Development, submitted final plat hard shells, requesting that the City release the final plat for Teal Pointe. It has been a number of months since the plat was approved. There is some discrepancy in the Mound City Code regarding the amount of time the developer has to file the final plat after City Council approval. This is the reason it is back before the City Council this evening for reconfirmation. There is also one item that needs to be modified on the final plat approval dealing with the time of construction. Under the original final plat approval, construction would be completed within 180 days of the final plat approval, but because of the time of year, the developer is asking for 280 days from the time the City Council reconfirms the final plat. The developer has submitted a number of items to the City in regard to the reconfirmation but the following items still need to be submitted before signing the final plat which are: 1. Park dedication fee in the amount of $4,500. 2. Bond or letter of credit in the amount of $127,500. Staff recommends approval of the reconfirmation and the modification proposed. One condition should be added to the final plat approval, stating that the final plat should be filed at Hennepin County within 60 days of the approval of the reconfirmation. Mound Ck~ Council M~nute~ Novem~ 22, 1994 Tom Casey, representing Biermanns, Rogers, Mr. Meeker and Ms. Clough, stated he has two issues. 1. The legal status of the final plat. 2. The affect of this plat and this project on the property owners. Mr. Casey stated that his comments will be on the legal status of the final plat. Some of the neighbors may want to comment on the effect on their property. Mr. Casey then submitted a letter/memorandum, dated November 22, 1994, to the City Council for the record. He then stated that the final plat is void and was void 60 days after it was approved, as of July 10, 1994. Mr. Casey stated that the hard shells needed to be received by the City before September 14, 1994, or one year after preliminary plat approval. Mr. Casey stated that since the final plat hard shells were not received until just a few weeks ago, this did not meet the time lines for the plat. He then stated that as he reads Mound's Code both the preliminary and f'mal plat are now null and void. This would require the developer to start all over again. Mr. Casey referred to the following sections of the Mound City Code: Section 330:35, Subd. 1; and Section 330:35, Subd. 9. Mr. Casey further asked, "That since this development needs to start again, the City now has time to correct its deficiencies in the original plat resolutions, i.e. reconsider the park dedication fees based on a $200,000 market value versus a $45,000 market value (to gain another $15,500 in park dedication fees) by applying the ordinance correctly. The City could also do an EAW which sets up an archaeological study, not done by the developer, who said for the record that he only asked for the minimum archaeological study necessary." Mr. Casey also stated that even the Met Council recommended in their reply to the EAW that Lots 1, 2, and 3 be unbuildable. The Council stated that at the time of the EAW, the Native American Indian Council indicated that they accepted the findings. The lots being unbuildable discussion was done at the time and yes now they would be unbuildable, but then they were not. The City Attorney noted that the reason this is back at the Council tonight is that the developer did not do what they were supposed to do under the terms of the ordinance. It is therefore, being brought back tonight, and it is his understanding from the Planner and the Engineer, that there have been no changes, no recommendations either on the ordinance or in the documents that have been presented. He further stated that he would agree with Mr. Casey in one respect and that is that it would be better if there was a public hearing just to satisfy that particular question. The City can process both the preliminary and final plat at the same time. He stated that he is not as concerned about Mr. Casey's comments about the one year on the preliminary plat because once the final plat is submitted and approved, the preliminary plat is pretty much ineffective. The only purpose of the preliminary plat is to run it through and then you make changes so the developer can make changes to the hard shell and do whatever the Council has asked. He advised the Council to hold a combined public hearing for the preliminary and final plat. The City Attorney stated that the City Code does need to be changed to make the time-lines more clear. Mound City Council Minutes November 22, 1994 John Besseson, representing the Teal Pointe Development, stated that he has worked with City Staff and the neighbors on the retaining wall issue since May trying to eliminate the retaining wall and work with the neighbors to landscape their property. He stated that he has letters from his company to the neighbors on the issue. He stated he had several meetings with the homeowners, one with the City Manager and City Engineer, and Mr. Besseson determined that in working with the homeowners, they would not have to be quite as concerned with the 60 day filing of the plat because he thought he could amend it. After this meeting he contacted the neighbors and they said that after the meeting with the City and discussing how it was going to affect them, they would be perfectly happy with the retaining wall. The reason this was done was to give them a clear understanding of how the site would impact the neighborhood. It took longer to deal with the neighbors but he stated he wanted to be cooperative. The neighbors did not want to go along with anything but what was on the plan. He stated that he it was his understanding that a petition was signed not wanting any dirt spread on their property. That was the problem for not getting back to the City in a timely manner. He further stated that he would like to get into the property and put his steel pilings in, rough the road in, do the class 5 grading, and be able to put the lift station and sewer in before the ground is frozen. The only thing that may have to wait until Spring would be the asphalt. He wants to be able to grade the site and make it driveable, stake the lots and market them for Spring sales. He requested that his extension be approved tonight so he could get on with the development. The Council stated that they have to stand by the ordinance and require a public hearing. MOTION made by Jessen, seconded by Ahrens to refer Teal Pointe back to the Planning Commission for their review and recommendation and then set a public hearing for the City Council to consider the preliminary and f'mal plat of Teal Pointe for January 10, 1995. The vote was unanimously in favor. Motion carried. Harold Meeker, 5132 Waterbury Road, stated that the neighbors never agreed to the retaining wall. November 22, 1994 Thomas E. Casey At[orney at Law 2854 Cambridge Lane Mound. Minnesota 55364 ( 612 ) 472 -11)99 Fax: (612) 472-4771 Mound City Council 5341 Maywood Road Mound, MN 55364-1687 RE: proposed Resolution #94 - , "Reconfirming and Modifying Final Plat approval for the Teal Pointe Residential Development" Dear Mound City Council, Thank you for the opportunity to submit this letter into the record as my clients' comments to the proposed resolution stated above. FACTS me February 9, 1993 - the Mound City Council adopted Resolution 93-20, approving a preliminary plat for the Teal Pointe Development, subject to the completion of an Environmental Assessment Worksheet. September 14, 1993 - the Mound City Council adopted Resolution 93-122, amending Resolution 93-20 to add 6 more conditions to the preliminary plat resolution. (September 14, 1994 is determined to be the date the preliminary plat resolution was approved.) May 10, 1994 - the Mound City Council adopted Resolution 94-65 approving a final plat. July 10, 1994 - 60-day time period to file and record final plat has expired. The final plat is null and void as of this date per Mound City Code Section 330.35 Subd. 9. Se From the period of July 10, 1994 to September 14, 1994, the developer did not file ten (10) copies of the final plat with the Building Official. -1- THE PRELIMINARY PLAT AND FINAL PLAT ARE VOID By way of background, Mound City Code Section 330:00 states in part, "... All subdivisions of land shall fully comply, in all respects, with the regulations set forth herein." Furthermore, Section 330:10 of the Mound City Code states in part, "Before dividing any tract of land into two or more lots or parcels, ... the procedures set forth in Section 330:15 et seq. shall be followed." Mound City Code Section 330:35 Subd. 1 states, "The subdivider, within one year, unless extensions are granted and noted in the preliminary plat resolution, after approval of the preliminary plat, shall file with the Building Official ten (10) copies of the final plat prepared by a land surveyor duly registered in the State of Minnesota. Failure of the subdivider to submit the final plat within those times designated on the preliminary plat resolution shall cause the preliminary and final plats to become null and void." Based on the facts outlined above, the developer had until September 14, 1994 (one year after the preliminary plat was approved) to file the final plat. Because Mound City Code 330:35 Subd. 9 rendered the final plat null and void on July 10, 1994, any final plat filed before that time does not apply to this case. In other words, to create a valid final plat, 10 copies of the final plat must be filed with the Building Official after July 9, 1994. However, if the ten (10) copies of the final plat were not filed until after September 14, 1994 then the final plat and preliminary plat become null and void. At first glance, the second sentence of Mound Code 330:35 Subd. 1 would seem to create a void preliminary and final plat only if "those times" were designated in the preliminary plat resolution. However, it is improbable that the City Council who adopted the ordinance (and stated on several occasions in the ordinances that the subdivision procedures shall be followed), would give greater force or remedies to a city council resolution than to an ordinance requirement that a final plat must be filed within one year of a preliminary plat. In other words, would a City Council suffer an ordinance violation without a remedy? Moreover, Section 330:30 Subd. 9 reads in part, "The subdivider may request a one-year time extension at least 45 days prior to the expiration of a preliminary plat ..." With this re-affirmation in the City Code that a preliminary plat can expire, it is logical to conclude that a preliminary plat expires within one year if a final plat has not been filed per Section 330:35 Subd. 1 of the Mound City Code. -2- Minnesota Statute 462.358 Subd. 3c., also gives the city the authority to negate a preliminary plat after one year following approval. Finally, Section 330:195 of the Mound City Code states, "Anyone violating any of the provisions of this Section (i.e. the Platting and Subdivision regulations) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or by imprisonment for a period of not to exceed 90 days or both. Each day during which compliance is delayed shall constitute a separate offense." Does the city council intend to use this ordinance if it believes that no other remedies are available? In conclusion, the City of Mound has the authority and obligation to declare the preliminary and final plat null and void. The developer must submit a new preliminary plat to the City to begin the process anew. Res~tfull~ submitted, Thomas E. Cagey TEC:rf cc: clients file -3- Hoisington Koegler Group Inc. mil MEMORANDUM November 17, 1994 To: Mound City Council From: Bruce Chamberlain, Planning Consultant Re: Teal Pointe final plat reconfirmation and modification. Teal Pointe Development Company has requested that the City release the final plat for Teal Pointe residential development. Since it has been over 180 days since the City Council approved the final plat and the Mound City Code indicates that the plat must be filed within 60 days of the approval, the developer is requesting reconfirmation of the plat. No elements of the plat have changed and the project stands as previously approved. A recommended modification is the allowable period of construction which was defined in the original plat approval as 180 days. It is the belief of City Staff that this schedule would be very difficult to meet given the time of year. Staff is recommending an extension of the construction period to 280 days. Also, so there is no future confusion, an additional condition will be placed on final plat approval stating that the plat shall be filed with Hennepin County within 60 days of City Council approval of the final plat reconfirmation. The developer has submitted the required material for filing of the final plat with exception to the park dedication in the amount of $4,500 and a letter of credit or other approved form of security in the amount of $127,500. Both of these items must be submitted prior to the City releasing the plat along with all other conditions of final and preliminary plat approval as stated in Resolution #94-65 and requirements of Mound City Code. Therefore, Staff recommends approval of the plat reconfirmation and modifications. A resolution to this effect is enclosed. If you have any questions, staff will be available at the meeting. TEALMOD.MEM Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 DNR. METRO REGION TEL:612-?72-7977 ]an 10,95 12:23 No.O14 P.02 PHONE NO. STATE OF DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN $5106 772-7910 FILE NO. January 10, 1995 Mark.Koegler, City Planner City of Mound 5341 Maywood Road Mound, Minnesota 55364 RE: TEAL POINTE RESIDENTIAL DEVELOPMENT, LAKE MINNETONKA (27-133, ~7) AND WETLANDS 27-947W AND 27-948W, CITY OF MOUND, HENNEPIN COUNTY Dear Mr. Koegler: The Department of Natural Resources (DNR) reviewed and commented on this proposal during the ~nvironmental Assessment Worksheet (EAW) process in 1993 (see enclosed copy of Thomas Balcom's July 18, 1993 letter). At that time we had major concerns with site unsuitability of lots 1, 2, and 3, which are almost entirely within a Bluff Impact Zone and are unbuildable under current Shoreland Management standards. In the packet of information I received'December 9, 1994, lo~s 1, 2, and 3 are still present in the proposed plat. Therefore, DNR Metro Waters recommends that the city ~ the proposed plat and associated variance requests. At the time the city originally approved the Teal Point plat, the city had not ye~ adopted the shoreland management regula=ions (although it was fully aware of the standards). However, the city has subsequently adopted the shoreland management regulations (on 8/23/94) and the DNR has approved the city's regulations (on 9/8/94). Although the DNR felt it was not advisable to approve the plat in 1993, it is now directly contrary to existing city regulations to approve the plat as it is currently proposed. Pursuant to City Code, the Department must be advised of the action taken on the above request within 10 days. of final action and a copy of the official record should be forwarded to this office if the. proposal is not denied. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist Enclosure C: Ed Fick, Shoreland Hydrologist'. Lake Mtnnetonka file 27-133-07 Wetland file 27-947W ~ DNR METRO REGION TEL:612-772-T977 3an 10,95 12:23 No.OI~ P.03 EPARTMENT OF NATURAL RESOURCES SOO lAFAYETTE ROAD · ~T. PAUL., MINNESOTA * $$1&$-40 ~-0 DNR IMFOI~uA TI~N July 18, 1993 of RE: Te~ Pointe Residential Development ~/t . En~ro~ntE ~s~sament Worksheet (EAW)X~/ " Dear Mr. Koegler: 'the Department of Natural Re.~ources (DNR) h:~ reviewed the EAW for the proposed Teal Pomte Residential Development project. Wc offer the following cornmcnts for your consideration. The suitability of this site for any residential form of development is highly questionable . from a natural resources perspective. Field staff review of the project andthe EAW details the severe buildiug eu~u'aiat~ associated with thc steep slopes and bluffs found at this site. We agree with the contention in Item 14 that lots 1, 2, and 3are essentially unsuited to residential development. However. we question whether development should occur on any part of thc parcel because of thc steep slopes prcscnt and because some of thc homcsitcs lie witl~in the Bluff Impact Zone. It is questionable whether the plat can be approved undcz existing ~horclaad stimdards, aud cvezi if the plat i~ approved, there i~ uo guaram~e that lots 1-3 would be buildable; each of these lots would require a variance before building . permits can be granted. It also appears that the amount of cutting and filling associated . with access and road development will be high to meet the 8%-10% slopes that are typical for city streets. To reduce further impacts to habitat and water quality, we offer thc following recommendations: The proposer should use all appropriate erosion control best management practices (BMFs) during and after construcuon to reduce erosion and sedimentation on and off thc site. Impacts to existing vegetation should be kept to a minimum. Disturbed soft are should bo reseeded immediately upon project completion with native plant ~pecies. Ail ruuuff leaving the ~ite should be treated with retention ponds prior to discharge to the neighboring wetlands, or Lake Minnetonka. Storm water treatment basins should be sized to adequately detain and treat any water moving offSite. Proper treatment of storm water will help to maintain the existing water quality of nearby basins. Thank you for the opportunity to review this document. We look forward to receivin~gayour record of decision and responses to comments. Minnesota Rules 4410.1700, subparts & 5. rcqui~c~ yuu to ~end u~ your Record of Decision within five days of deciding this action. AN EOUAL OPPORTUNITY EMPLOYER DNR METRO REGION TEL:612-772-7977 ]an lo,g5 12:24 No.O14 P.04 ? Mark ICoegler luly lg, 1993 Page 2 Please cnntact Don Buckhout of my staff, at (612} 296-8212, if you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Natural Rcsourc~ Environmental Review Section Office of Planning ¢: Kathleen W_allJ.a~' .... . Steve_ ¢-L~nn M. I,~,~ is, USFW$ Gregg Downing, EOB Nell Wobcr, Teal Point¢ D~velopmcnt Company I~P.9.TEAL.DOC JOHN C. EDEWAARD 5125 Hanover Road, Minneapolis, Minnesota * 55364-9395 phone (612) 472-3254fax (612) 472-2637 January12,1995 Mr. Ed Shukle 5348 Maywood Road Mound, Minnesota 55364-1687 Dear Mr. Shukle, I would like to be placed on the list of persons interested in recieving the minutes of the Mound City Council Meeting January 10, 1995, and any resolution (draft and final) pertaining to the development known as Teal Pointe. Thank you. Sincerely, John C. Edewaard RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND RECONFIRMING AND MODIFYING THE FINAL PLAT APPROVAL FOR TEAL POINT RESIDENTIAL DEVELOPMENT WHEREAS, approval of the final plat of Teal Point has been granted by the City Council with conditions under Resolution 94-65; and and WHEREAS, the project as approved through Resolution #94-65 has not changed; WHEREAS, the allowable period of time for filing the final plat with the county has expired; and WHEREAS, the maximum period of time specified for construction of the public improvements associated with the project is likely unattainable due to weather conditions NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. Teal Point final plat approval according to Resolution 4/94-65 dated May 10, 1994 is hereby reconfirmed. B. Conditions of final plat approval shall be amended to include the following: 1. The allowable period of construction of public improvements as stated in condition 3 of Resolution #94-65 shall be extended to 280 days from the time of filing the final plat. 2. The plat shall be filed with Hennepin County within 60 days of the City Council reconfirming the final plat. Hoisington Koegler Group Inc. DO RECEIVED November 9, 1994 Mr. John Bessesen Bessesen Properties, Inc. 33 10th Avenue South Hopkins, MN 55343 Dear Mr. Bessesen: The City of Mound is in receipt of the final plat and a signed development agreement for Teal Pointe along with your request for City signature on the plat. A number of issues still require resolution before the City will be in a position to release the plat. 1. Mound City Code Section 330:35, Subd. 9 states that "the subdivider shall, if the final plat is signed by the Mayor and City Manager, record the final plat with the County Recorder or the Registrar of Titles within 60 days after signing. Any final plat not filed and recorded within 60 days of the date of the Council resolutions approving the final plat, or within 60 days after the plat is considered approved by reason of the City Council's failure to act..., shall become null and void." The final plat for Teal Pointe was approved on May 10, 1994 which is over 180 days ago. Because of the extended period of time, it is the opinion of the Mound City Attorney, that the final plat will again need to go before the City Council for reconfirmation. 2. The title opinion for Teal Pointe was granted by the City Attorney on April 6, 1994. Standard practice dictates that a title' opinion is valid for a period of 6 months. Therefore, another title opinion is necessary prior to City Council reconfirmation. We encourage you to have an updated abstract provided to the City Attorney's office or to authorize in writing the Attorney's office to make necessary arrangements to update your title documents. 3. Resolution 94-65 granting final plat approval stipulates that construction of public improvements shall be complete within 180 days of the City releasing the final plat. Due to winter approaching, it is the opinion of the City Engineer, City Planner and City Attorney that it would be nearly impossible for construction to be completed in the 180 day time period. Therefore, along with reconfirmation, conditions of approval should be modified to extend the allowable construction period to 280 days. Land Use/Environmental · Planning/Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Mr. John 13essesen November 9, 1994 Page 2 4. The following items need to be supplied to the City at least seven (7) days prior to the scheduled City Council meeting on November 22, 1994: 1) final plat hard shells (already supplied), 2) a signed development agreement with a new construction time limit of 280 days, 3) one complete set of homeowner's documents with revisions required through the EAW, 4) a letter of credit or other form of securi .ty for $127,500, 5) a permit from the Watershed District, 6) necessary information and assistance to transfer Outlot B to the City, 7) arrangements to update title documents, 8) park dedication in the amount of $4,500, and 9) a positive escrow cash balance of at least $1,000. You will need to satisfy and/or have the original Resolution 94-65 amended to cover all of the items set forth in paragraphs one through four above. Please review the conditions of preliminary plat approval and final plat approval including the City Engineer's report. As mentioned, this item is scheduled for review by the City Council on November 22, 1994. If you have any questions, please contact me. Sincerely, Bruce L. Chamberlain Planning Consultant Enc. CC: Ed Shukle, City Manager Jon Sutherland, Building Official Curt Pearson, City Attorney John Cameron, City Engineer BESSESN1.LTR John C. Edewaard 5125 Hanover Road · Mound, Minnesota · 55364-9395 612-472-3254 fax: 612-472-2637 September 12, 1994 RECEIVED SEP 1 3 Lq.q . Mr. Edward Shukle 5341 Maywood Road Mound, MN 55364 Dear Mr. Edward Shukle: It has come to my attention that as of September 8, 1994, the final plat for the Teal Pointe Subdivision has not been recorded. As you are aware, Mound City Code, Section 330:35 Subd. 9 states, "The subdivider shall, if the final plat is signed by the Mayor and City Manager, record the final plat with the County Recorder or the Registrar of Titles within 60 days after signing. Any final plat not filed and recorded within 60 days of the date of the Council resolutions approving the final plat, or within 60 days after the plat is considered approved by reason of the City Council's failure to act within 60 days of the filing of the final plat with the Building Official, shall become null and void." City Council Resolution 094-65, approving the final plat, was signed on May 10, 1994. The expiration date for recording the final plat as Mound City Code applies was July 11, 1994. Therefore, pursuant to the above ordinance, it is requested that the matter be placed on the next Mound City Council agenda for a City Council resolution concurring with Mound City Code that the Teal Pointe Subdivision final plat is null and void. Please acknowledge in writing when this item is scheduled on the agenda and send me a copy of all other written material submitted to the City Council in this regard. Thank you for your consideration enclosures cc: file ?0 ~Qund Cit~ Code Section 330:35 Subd. 9. The subdivider shall, if the final plat is si~ned by the Mayor and City Manager, record the final plat with the County Recorder or the Registrar of Titles within 60 days after signing. Any final plat not filed and recorded within 60 days of the date of the Council resolutions approving the final plat, or within 60 days after the plat is considered approved by reason of the City Council's failure to act within 60 days of the filing of the final plat with the Building Official, shall, become null and void. 7/ May 10, 1994 RESOLUTION//94-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING FINAL PLAT APPROVAL FOR TEAL POINTE RESIDENTIAL DEVELOPMENT WHEREAS, the final plat of Teal Pointe has been submitted in the manner required for platting of land under the City of Mound Ordinance Code, Section 330.00 and under Chapter 462 of the Minnesota State Statues and all proceedings have been duly conducted thereunder, and WHEREAS, the City Council, on December 8, 1992 and January 12, 1993, held a public hearing pursuant to Section 330.00 of the Mound City Code of Ordinances, to consider the approval of the preliminary plat of Teal Pointe Subdivision located on property described as follows: Lots 2, 3, 4, 22, 23 and 24 Block 11, "WHIPPLE"; That part of Lots 13 through 21, inclusive, Block 10, "WHIPPLE," and that part of Lot 1, Block 11, in said plat, together with that part of vacated Cobden Lane, as dedicated in said plat lying North of the Westerly extension of the South line of said Block 10, also together with that part of the North half of vacated Drummond Road as dedicated in said plat lying East of the Southerly extension of the West line of said Block 10, all which lie Southerly of a line described as beginning at the Northwest corner of said Lot 1; thence on an assumed bearing of East along the North line of said Lot 1 a distance of 22 feet; thence South 41' degrees 59 minutes 14 seconds East, 26.91 feet; thence South 44 degrees 03 minutes 39 seconds East, 43.14 feet; thence South 50 degrees 21 minutes 21 seconds East, 45.45 feet; thence South 51 degrees 20 minutes 25 seconds East, 19.21 feet; thence South 50 degrees 28 minutes 39 seconds East, 51.86 feet; thence South 68 degrees 11 minutes 55 seconds East, 43.08 feet; thence South 80 degrees 04 minutes 26 seconds East, 40.61 feet; thence North 75 degrees 57 minutes 50 seconds East, 41.23 feet; thence North 78 degrees 41 minutes 24 seconds East, 40.79 feet; thence on a bearing of East, 40 feet; thence South 47 degrees 43 minutes 35 seconds East to the South line of said Lot 21, Block 10; thence East to the Southeast comer of said LOt 21; thence South along the extension of the East line of said Lot 21 to the centerline of vacated Drummond Road and there terminating. ALSO Lots 1 to 26 inclusive, Block 15, and Lots 1 to 26, Block 16, MWHIPPLE"; That portion of vacated Windsor Road, dedicated to the public in the plat of "WHIPPLE~ as Windsor Place, which lies Easterly of a line drawn from the Northwest comer of Lot 13, Block 16 to the Southwest comer of Lot 14, Block 15, and Westerly of a line drawn from the Northeast comer of Lot 1, Block 16 to the Southeast comer of LOt 26, Block 15, said addition, That portion of vacated Drummond Road, dedicated to the public in the plat of ~WHIPPLE, ~ which lies South of the centerline thereof, Easterly of a line drawn from the Northwest comer of LOt 13, Block 15 to the Southwest comer of Lot 14, Block 10, and Westerly of a line drawn from the Northeast comer of LOt 1, Block 15, to the Southeast comer of Lot 26, Block 10, said addition. '23 May 10, 1994 WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Ae Final Plat approval is hereby granted for Teal Pointe Subdivision as requested by Teal Point, Development Company subject to compliance with all of the conditions found in the City Engineer's report dated March 28, 1994 set forth and incorporated herein as part of the document, all of the conditions of preliminary plat approval (Resolutions 93-20 and 93-122) set forth and incorporated herein as part of the document and the following additional conditions: The Developer shall secure and provide the City with a copy of a stormwater permit from the Minnehaha Creek Watershed District prior to the City releasing the final plat. The Developer shall secure and provide copies to the City's Building Official, all required reviews and permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency prior to beginning construction. The Building Official will not authorize construction until permits are secured. Prior to the City releasing the final plat, the Developer shall sign a development contract furnished by the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within 180 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of $127,500 (125 % of estimated construction costs) as per plans approved by the City Engineer. The Developer shall furnish the City Attorney with all necessary information and assistance to transfer Outlot B to the City. This transaction shall be completed prior to the City releasing the final plat and shall be filed at the same time the plat is placed of record. Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the Fire Chief and Building Official. ?¥ May 10, 1994 Outlot A shall be limited in use to a private street and utility extension of Drummond Road to serve Lots 1, 2 and 3. An undivided interest in Outlot A shall be conveyed to each of Lots 1, 2 and 3 and bound to those parcels in the property tax records. It is further understood that all tax parcel descriptions shall include the individual lot and the undivided interest in Outlot A and this may not be divided off in the future. Park dedication in the amount of $500 per lot totaling $4,500 is to be paid prior to the City releasing the final plat. The existing cash balance of $2,934.10 plus an additional $1,000 plus any additional sums necessary to cover engineering, planning, legal and administrative expenses shall be deposited with the City prior to the City releasing the final plat. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the City of Mound Code of Ordinances. The foregoing resolution was moved by Councilmember Jessen and seconded by Mayor Johnson. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Attest: City Clerk Mayor 75' September 14, 1993 RF. SOLUTION ~3-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND AMENDING RESOLUTION 93-20; THE PRELIMINARY PLAT APPROVAL~ APPROVAL OF A PLANNED DEVELOPMENT AREA, AND LOT AND STREET DESIGN VARIANCES FOR TEAL POINTE WHEREAS, acting as the Responsible Governmental Unit in accordance with the Minnesota Environmental Quality Board's Environmental Review Program Rules, Minn, Rules, parts 4410.0200 to 4410.7800, an Environmental Assessment Worksheet (EAW) has been prepared and approved by the City of Mound and WHEREAS, the City of Mound has the authority to modify the project based on comments to the EAW and WHEREAS, based on comments to the EAW, the City Council has determined that further conditions to the project are necessary to ensure environmental integrity. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. The following conditions shall be added in numerical order to those stated in Resolution g03-20 and all shall be agreed to and/or fulfilled by the developer prior to Final Plat approval. 20. Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans, prepared by a registered Landscape Architect for review and approval by the City Staff. The plans shall contain a master plan, tree inventory, erosion mitigation plan and a landscaping plan which details tree and ground cover replacement. 21. A Homeowner's Association shall be established and include one (1) representative from outside the development but within the adjacent neighborhood. 22. There shall be no public or private docks on the shoreline of the adjacent wetland nor shall there be any dredging of the wetland to accommodate this development. 77 September 14, 1993 23. Conservation easements shall be established to guide development of the property. The City Staff shall work with the developer and representatives of the neighborhood preparing the easements. Easements shall, at a minimum, preserve a buffer zone adjacent to the wetland, consisting of existing, predominantly unaltered vegetation. Removal of vegetation other than dead, dying or diseased plants shall be prohibited. Alteration to the terrain through grading activities shall be prohibited. 24. 25. The Environmental Protection Agency's Best Management Practices shall be applied to the development and subsequent management of the property. To assist their review of the archeological study for compliance with the Minnesota Private Cemeteries Act, the City of Mound will ensure that the Minnesota Indian Affairs Council has received all needed documentation. The foregoing resolution was moved by Councilmember Smith 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 February 9, 1993 RESOLUTION 93-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL, APPROVAL OF A PLANNED DEVELOPMENT AREA, AND LOT AND STREET DESIGN VARIANCES FOR TEAL POINTE WITH THE ADDITION OF 17, 18 & 19 & THE CHANGE IN EXHIBIT A WHEREAS, applicant has submitted an application for a major subdivision called Teal Pointe, pursuant to Section 330 of the City Code, and WHEREAS, applicant's proposal includes a request for a Conditional Use Permit to establish Teal Pointe as a Planned Development Area, together with a request for street design variances, and WHEREAS, the Planning Commission and the City Council have studied the practicability of the preliminary plat, the planned development area and the variances taking into consideration the requirements of the City, giving particular attention to the arrangement, location, width of streets, their relation to topography, floodplain, wetlands, water supply, sewage disposal, drainage, lot size and arrangement, the present and future development of adjoining lands and the requirements of the Zoning Ordinance, and WHEREAS, the street variances for Drummond Road and Windsor Road will facilitate the construction of street extensions that will match the widths of the existing paved streets, and WHEREAS, the proposed subdivision as conditioned is consistent with the Comprehensive Plan, and WHEREAS, the proposed design as conditioned is consistent with applicable development plans and policies, and WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated if the conditions imposed herein are met, and WHEREAS, the applicant will be participating in the preparation of an Environmental Assessment Worksheet and should the EAW identify significant environmental issues, such issues shall be addressed by the developer in a modified preliminary plat to be reviewed and approved by the City Council prior to final plat application, and WHEREAS, the City has considered traffic and other aspects of the proposed February 9, 1993 project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations, and WHEREAS, adequate utilities, access roads, drainage and other necessary facilities are being provided, and and WHEREAS, the proposed use is consistent with the existing land use in the area, WHEREAS, the use is consistent with the purposes of the zoning code and the purposes of the zoning district and is not in conflict with the policies plan of the City, and WHEREAS, the applicant's property is exceptional in that it is irregularly shaped and has unusual topography, and WHEREAS, the applicant's property is covered with mature trees and mature vegetation which when coupled with the unusual shape and topography requires some variation from the literal interpretation of the street design requirements of the zoning code to allow applicant to preserve the natural trees and vegetation to the maximum extent practicable, and WHEREAS, the variances requested are the minimum variances necessary to alleviate the hardship created by shape and topography and to facilitate the preservation of vegetation, and WHEREAS, the granting of the variances requested will not confer upon the applicant any special privilege that is denied owners of other lands in the same district, and WHEREAS, the granting of the variances would not be materially detrimental to the purposes of the Zoning Ordinance or to property in the same zone, NOW, THEREFORE, BE IT RESOLVF~ by the City Council of the City of Mound, Minnesota: Preliminary Plat approval, issuance of a Conditional Use Permit to establish a Planned Development Area including the designation of Outlot A as a private street, lot frontage variances for Lots 1, 2 and 3, a variance for the length of Windsor Road and variances from the right-of-way and paved roadway width requirements for Windsor Road' including the cul-de-sac area are hereby granted subject to compliance with the following requirements: A new preliminary plat drawing shall be prepared and submitted to the City of Mound. Said drawing shall be generally in conformance with February 9, 1993 Exhibit "A" except that it shall identify the retention of Cobden Road and Drummond Road west of Cobden Road as public tight-of-way. The portion of Ouflot C lying outside of Cobden Road (as shown on Exhibit "A") shall be dedicated as public fight-of-way. The developer/project owner shall participate in the preparation of an Environmental Assessment Worksheet (EAr0 with the Responsible Governmental Unit in compliance with the Environmental Review Program Rules. Minn, Rules, parts 4410.0200 to 4410.7800 and all other applicable sections. All costs incurred by the City of Mound in the EAW process shall be charged to the developers escrow account. If the completed EAW identifies significant environmental issues, such issues shall be addressed by the developer in a modified preliminary plat which shall be required to be reviewed and approved by the City Council prior to submission of the final plat application. e The developer shall submit to the City of Mound, a copy of a letter prepared by the State Archaeologist or designated representative thereof, addressing the probability of the location of indian burial mounds within the project site. Any mounds or other artifacts discovered during construction shall be addressed in the manner identified within Minnesota State Statutes. e Preliminary approvals by the City of Mound shall be subject to the completion of all required reviews and securing of permits as required by the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources, the Minnesota Department of Health and all other applicable regional, State and Federal agencies. All lots shall be required to observe the front, side and rear yard setbacks as shown on the preliminary plat. e Cash in lieu of land dedication for park land dedication shall be required in conformance with Section 330:120 of the Mound Code of Ordinances. A park fee in the amount of $500.00 per lot shall be collected at the time of building permit issuance. e Impervious cover on individual residential lots shall be limited to no more than 30% of the lot area. 10. 11. 12. 13. 14. 15. F~ruary9,1~3 Outlot B as shown on the preliminary plat shall be dedicated to the City of Mound. The developer shall not receive park dedication credits for the conveyance of Outlot B to the City of Mound since the property lies below the 929.4 contour. A Homeowner's Association shall be established for all lots within the sulxlivision. Design control covenants shall be prepared addressing the architectural compatibility of the exteriors of all structures. Said covenants should include but not be limited to acceptable siding, masonry and roofing materials. All bylaws, Home Owner's Association Articles of Incorporation, and protective covenants shall be approved by the City Attorney and filed with the record plat. The revised preliminary plat identified in item #1 shall note the type of housing to be placed on all lots with slopes exceeding 10% in conformance with Section 330:40, Subd. 4f of the Mound Code of Ordinances. The cost of public utilities in Windsor Road shall be borne by the developer, including a sanitary sewer pumping station design approved by the City Engineer. Sanitary sewer service for Lots 1, 2 and 3 shall be provided by private individual lift pumps with the forcemains combined into one common line located in Ouflot A. This private line shall discharge into the public system located in Drummond Road. Windsor Road shall be extended by the developer from its present termination at the City's standard width of 28 feet. The developer shall be responsible for either obtaining easements to place fill on private property as shown on the preliminary plans, or furnish an engineered retaining wall design approved by the City Engineer. Homes constructed on Lots 1, 2, and 3 shall utilize caisson and cantilevered construction techniques as generally shown on Exhibit "B" to reduce ground cover impacts. The developer/project owner shall complete the Proceeding Subsequent Action pertaining to the vacation of portions of Drummond Road and Windsor Road within the confines of the property boundaries generally shown on Exhibit ~A~. February 9, 1993 16. The developer shall maintain a positive cash balance in the developers escrow account to cover the costs incurred by the City of Mound in reviewing compliance with the conditions of approval. If at any time the funds in the account are depleted, the City shall suspend all review for compliance with the aforementioned conditions until such time as additional funds are deposited. 17. Approval of Title by the City Attorney. 18. The Developer is to sign a Development Contract and furnish to the City a performance bond in an amount 125% of the cost of the improvements to cover grading, drainage, utility and street construction as per plans approved by the City Engineer. 19. A comprehensive search shall be performed to identify any existing wells on the property. A licensed well driller shall properly abandon any unused wells in the plat. Such abandonment shall be reviewed and approved by the City Engineer. The foregoing resolution was moved by Councilmember Smith and seconded by Councilmember Ahrens. The following voted in the affirmative: Ahrens, Jensen, Johnson and Smith. The following voted in the negative: none. Councilmember Jessen was absent and excused. Attest: City Clerk ~L ,< UJ I- .:i.LNIOd '11f3.L .LO3rO~d .! RESOLUTION EXHIBIT 'B' ~93-20 N. ~/~ S£G. ~5, T. I17, R. ~ ,I ~1 t S6 / Z .AG( O~ MOU#O $ \ // II MINN~'I AK~ RESOLUTION NO. 95- January 10, 1995 RESOLUTION REAPPOINTING THE FOLLOWING PERSONS: JERRY CLAPSADDLE & ED SURKO TO THE PLANNING COMMI~qSION; TOM CASEY, PETER MEYER & DAVID STEINBRING TO THE PARKS & OPEN SPACE COMMISSION; AND DAVE WILLETTE TO THE ECONOMIC DEVELOPMENT COMMISSION - 3 YEAR TERMS - EXPIRING 12/31/97 BE IT RESOLVED, that the' City Council of the City of Mound, Minnesota, does hereby reappoint the following persons to the following commissions for 3 year terms expiring 12/31/97: Planning Commission - Jerry Clapsaddle and Ed Surko Parks & Open Space Commission - Tom Casey, Peter Meyer and David Steinbring Economic Development Commission - Dave Willette January 10, 1995 RESOLUTION RESOLUTION APPOINTING ACTING MAYOR FOR 1995 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby appoint Acting Mayor for the year 1995. January 10, 1995 RESOL~ON NO. 95- RESOLUTION APPOINTING CITY CLERK, FRAN CLARK, ACTING CITY MANAGER FOR 1995 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby appoint Francene C. Clark, City Clerk, as the Acting City Manager for the year 1995, if the City Manager is disabled, incapacitated, away on city business or away on vacation. If both the City Manager and the City Clerk are disabled, incapacitated, away on City business or away on vacation then Len Harrell, Police Chief, is hereby appointed as Acting City Manager. January 10, 1995 RESOLUTION NO. 95- RESOLUTION DESIGNATING THE LAKER THE OFFICIAL NEWSPAPER FOR 1995 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby designate The Laker the official newspaper for the City of Mound for 1995. The The Laker 2365 Commerce Blvd., Mound, MN 55364 472-1140 Pioneer December 27, 1994 To: Mound City Council Re: Appointment of Official Newspaper Dear Councilmembers: As you make your appointments for 1995, we ask that you consider re-appointing The Laker as your city's official newspaper. The Laker is published each Monday. The deadline for legal notices is 4:30 p.m. the preceding Tuesday. Our rate for publication of legal notices is $6.47 per column inch for the initial insertion, and $4.45 per column inch for each additional insertion. The column width is 2 inches (12 picas). We have enjoyed working with you in the past and we look forward to continuing to do so. Thank you for your consideration. Sincerely, Bill Holm Associate Publisher The Laker January 10, 1995 RESOL~ON NO. 95- RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY CLERK BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby authorize the purchase of at least a $20,000 bond for the City Clerk, Francene C. Clark-Leisinger. " January 10, 1995 RESOLUTION NO. 95- RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby authorize the purchase of at least a $20,000 bond foi: the City Treasurer/Finance Director, Gino Businaro. January 10, 1995 RESOLUTION NO: 95- RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1995 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby designate the following banks and financial institutions as official depositories for the City of Mound in 1995: Marquette Bank - Mound First Bank - Minneapolis American National Bank Norwest Banks Dain Bosworth, Inc. Smith Barney Piper Jaffray Minnesota Municipal Money Market Fund BE IT FURTHER RESOLVED, that the City's deposits shall be protected by Federal Deposit Insurance and/or collateral in accordance with MSA Chapter 118. BE IT FURTHER RESOLVED,. that the City Treasurer is hereby authorized to open or continue an account or accounts with said institutions on such terms as required by said institutions in the names of the City, and to deposit, or cause to be deposited in such account or accounts, any monies; checks, drafts, orders, notes or other instruments for the payment of money, upon compliance by said depository with this resolution and the law in such case provided. BE IT FURTHER RESOLVED, that the designation shall continue in force until December 31, 1995 or until written notice of its revision or modification has been received by said institution. January 10, 1995 RESOLUTION NO. 953 RESOLUTION APPOINTING TO THE PARK COMMISSION; TO ~ PLANNING COMMISSION; AND TO THE ECONOMIC DEVELOPMlZ~NT COMMI,qSION (EDC) AS COUNCIL REPRESENTATIVES FOR 1995 BE IT R~OLVE1), that the City Council of the City of Mound, Minnesota, does hereby appoint the following Councilmembers as Council Representatives to the following City Commissions for 1995. to the Park Commission to the Planning Commission to the Economic Development Commission SIGN PERMIT APPLICATION QUASI PUBLIC FUNCTION- PORTABLE SIGN City of Mound, 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600 FAX: 472-0620 Portable signs used for the purpose of directing the public used in conjunction with a governmental unit or quasi-public functions. The period of use shall not exceed ten {10) consecutive days and requires approval of the City Council. Signs shall be placed on the premises of the advertised event. A permit is required, however is exempt from all fees. t~: ~t/4 - / 7q¢ NAME OF APPLICANT /~. o~ ~ ~ J~ APPLICANT'S ADDRESS 17/0 ADDRESS OF SIGN LOCATION /~t/~-¢~a ~',~i.,I ¢~ (If more than one, please list on separate sheet of/paper) Number of signs: TYPE OF SIGN: teanner mporary SIZE OF SIGN REQUESTED: wall mount free standing permanent ft high x //Z~ ft wide = sq ft DATES OF USE: FROM / ~/Z~/ TO DESCRIBE REASON FOR REQUEST: ~~ignat/ur~e ~ etc. DESCRIBE SIGN {message, .materials, is it illuminated, ): (~.~ Date / //////////////////////~~~////////////~/~~//~//~/////////~////////////////~///////////~////////////////////////~//////// APPROVED BY CITY COUNCIL ON: WESTON TERFEST January 14 & 15, 1995 · Mound Bay Park, Cooks Bay LAKE MINNETONKA 9 A.M TO 4 P.M. FIRST ANNUAL SLED DOG RACES Races run continuously both days on 10 mile, 6 mile and 4 mile trails! *Also Skijoring (person on skis pulled by dogs).* *Sons of the American Legion Dance *Saturday, January 14th - 8 p.m. *Mound American Legion *Moh,awk Jaycees Softball on Ice Tourney *Open to women's, men's coed teams *For info, call Mike Sorensen 472-1187. *Sled dog rides. Sponsored by the Northwest Tonka Lions Club *Large heated tent with concessiOns. *Food - Beverages - Fun. *PARKING *Watch for designated areas. *NO parking on lake. *Shuttle buses available. *Ice rink for skating. PABST DAY DISTRIBUTING MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION DECEMBER 8, 1994 GUIDLINES FOR PLANTINGS ON PUBLIC SHORELAND Commissioner Darling distributed copies of a revised "Guidelines for Allowing Plantings on Commons/Public Lands" to the Commission. Darling explained that he changed all the "shall's" to "should's", and the goal was changed as follows: From: TO MAINTAIN AND RESTORETHE NATURAL LOOK OF THE COMMONS BY THE USE OF MORE NATIVE VEGETATION To: TO MAINTAIN THE COMMONS IN A MANNER CONSISTENT WITH ITS INTENDED USE, IS ENVIRONMENTALLY FRIENDLY, AND BEST MEETS THE NEEDS OF ALL RESIDENTS. It was suggested that within the Goal, "Residents" be changed to "General Public." Fackler noted that where the term "Commons" is used, should be changed to "Public Shoreland." Darling also noted that the added "other than lawn grass" in a couple of areas, and he rearranged the order to have a more logical flow. MOTION made by Darling, seconded by Steinbring, to recommend approval of the Guidelines for Allowing Plantings on Public Shoreland, including the following amendments: changing throughout the term "Commons" to "Public Shoreland" and within the Goal "Residents" be changed to "General Public." Motion carried unanimously. The =arks Director stated that this will be forwarded to the City Council for review. City of Mound Parks and Open Space Commission Guidelines for AIIowinq Plantinqs on Public Shoreland GOAL: TO MAINTAIN THE PUBLIC SHORELAND IN A MANNER CONSISTENT WITH ITS INTENDED USE, IS ENVIRONMENTALLY FRIENDLY, AND BEST MEETS THE NEEDS OF THE GENERAL PUBLIC. Plantings should not interfere with the free, easy and open traversing of the public shoreland. Plantings should not give the appearance that the public shoreland is privately owned or that access is restricted to the general public. Plantings should be introduced, maintained and administered in such a manner that protect the environment, wildlife, and lake from any damage or loss of use and solely at the requestor's responsibility, risk and expense, and removed immediately if so directed by the City of Mound at the requestor's sole responsibility, risk and expense if found to be inconsistent with these guidelines. Non-native plant species are discouraged, but in any event, should not be closer than forty (40) feet of the ordinary high water level (929.4 for Lake Minnetonka). 5. Plant species: ao Plants should not pose a danger of overrunning naturally occurring native species or other already authorized plantings. bo Introduction of species should not create a hazard, unsafe or unlivable environment for wildlife that naturally inhabits the subject public shoreland area. c. Species should not increase risk of health problems or be injurious to the public. No species should be authorized that are classified as noxious weeds, fruit/vegetable bearing plants, or species that would attract unusually excessive amounts of harmful insects to the area. Se Naturally occurring native species are the preferred choice on the public shoreland, such as: Trees: Bur Oak White Pine Sugar Maple Aspen Mountain Ash Basswood Elm Birch Shrubs: Gray Dogwood Hazel Pagoda Dogwood Viburnum Ground Covers: Wild Geranium Aster Violets Lady Ferns Columbine Solomon's Seal (REV. 12/9/941 PROPOSED RESOLUTION #94- RESOLUTION TO AMEND THE PUBLIC LANDS PROCEDURE MANUAL ADDING "EXHIBIT Q" GUIDELINES FOR ALLOWING PLANTINGS ON PUBLIC SHORELAND WHEREAS, City Code Section 320:00, Subd. 6. requires that the Public Lands Procedure Manual be reviewed and approved by the City Council by Resolutions, and that the City Council may amend or change the manual by resolution, and; WHEREAS, while processing public land permit applications, the Parkand Open Space Commission found it difficult to review issues pertaining to plantings on the public shoreland, and therefore, developed the subject guidelines, and; WHEREAS, the Goal is: "To maintain the public shoreland in a manner consistent with its intended use, is environmentally friendly, and best meets the needs of all residents, and; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to amend the Public Lands Procedure Manual, adding "Exhibit Q", Guidelines for Allowing Plantings on Public Shoreland, as attached. MINUTES - COMMITTEE OF THE WHOLE - OCTOBER 18, 1994 The meeting was called to order at 7:30 PM. Members present: Mayor Johnson, Councilmembers Ken Smith, Liz Jensen, Phyllis Jessen, Andrea Ahrens. Absent: none. Also present: City Manager Ed Shukle. An ordinance amending Section 350:760. Subd. 4 of the City Code relating to truck parking in residential areas was discussed. The City Manager explained that this item had been on the August 23, 1994 regular City Council meeting agenda and was sent to the Committee of the Whole for further discussion to clarify the direction that the City Council was to give to the Planning Commission. The Council consensus was to have the Planning Commission review the photos that had been submitted as part of the packet material for August 23rd, giving the examples of the different types of truck vehicles, and to run through those and determine which types of vehicles were acceptable. Discussion also focused on garaging of commercial vehicles in residential areas, looking at no more than one vehicle per property. Councilmember Jensen was directed to bring this matter to the Planning] Commission fg~ further discussion. Guidelines for allowing plantings on commons/public lands were briefly discussed. Direction to Councilmember Ahrens to take to the Park and Open Space Commission was that the commission ought to take into account all of the commons areas and that the word "shall" really means "must". Guidelines would mean "should" which softens these standards into guidelines. Ed Shukle, City Manager, reported on the Westonka Community Center Task Force. The purpose of the task force, as defined by the Westonka School District Board of Education is: "...shall be to determine the best use of the Westonka Community Center and the wisest expenditure of funds to provide for the required code upgrades, necessary maintenance and desired building modifications to meet school district and community needs." He informed the Council that the task force would be meeting between now and January 9, 1995 to come up with recommendations to the school board on whether the present facility be retained and upgraded according to the direction of voters on the 1993 referendum, demolish the building and build a new community center or modify the existing building to accommodate programs and activities along with the facilities being brought up to proper code as defined by the Uniform Building Code and the State Fire Marshal. The City Manager wanted to inform the City Council of the task force and its purpose and to solicit any input from the City Council as to their thoughts and ideas on this matter. The City Council suggested that the cities of Spring Park and Minnetonka Beach be invited to sit on the committee as well. There was some interest by the Council in eliminating the pods that exist within the community center facility presently, and also to consider demolishing the building. The City Manager will keep the Council informed as to the task force's work. Goal Setting was discussed and briefly reviewed. MINUTES - MOUND CITY COUNCIL - AUGUST 23, 1994 1.12 RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE; AMENDMENT TO THE PUBLIC LANDS PROCEDURE MANUAL ADDINg.., EXHIBIT "Q' - GUIDELINES FOR ALLOWING PLANTINGS ON COMMONS/PUBLIC LANDS. The City Manager explained that the POSC has made some recommendations to amend the procedures manual to allow plantings on Commons or public lands. Basically the goal is to maintain and restore the natural look of the Commons by the use of more native vegetation. There is a listing of the types of species that would be acceptable. Refer to page 3486 and 3487 for the proposed resolution with the guidelines. The POSC is asking for consideration and approval. The Council asked about grass because there are areas that are like lawn. The Council questioned whether it is a goal to turn the Commons into a wild area or natural commons. They could understand the bluff areas being kept natural. The Council asked if these guidelines would be binding. The City Attorney stated that the guidelines all start with 'shall not' which seems very mandating or directive. It is not law in the sense that we could prosecute anyone. The Council discussed changing the language to read 'should or should not', to make it softer. This language was pointed out by City Planner Bob Day in his memo of August 3, 1994., but it was not reflected in the guidelines that are proposed. Councilmember Ahrens stated that the reason this has come about is that when the inventory was done, there were a variety of plantings found on the Commons. Therefore, a guideline was put together so that people would know what they could or could not plant on the Commons. The Council also discussed how people would be notified of these guidelines. They also discussed the goal. The Council felt that Mr. Day's goal on page 3491 which reads as follows was a better goal: ' ..... the creation of an overall aesthetic appeal throughout the commons which will still have the flexibility to absorb modifications in the future.' The Council felt the POSC needs to recognize that certain types of commons have the look or appearance of lawn or park and they are going to be mowed. This does not seem to be reflected in the proposed guidelines. The Council asked that this be discussed at the next Committee of the Whole Meeting and then it will be sent back to the POSC for further consideration. ~AM 0S 'BS 02:2~PM MCCOMBS FRAMK ROOS P.2x2 RESOLUTION # A RESOLUTION ESTABLISHINO MUNICIPAL STATE AID HIGHWAYS WHER~J~, it appears to the City Council of the City of Mound that the street hereinafter described should be designated e State Aid Street under the provisions of Minnesota Law. NOW THEREFORE, BE XT RESOLVED, by the City Council of the City of Mound that the road described as follows, to-wit: Belmont Lane from CSAH No. 15 tO Auditors Road, AKA Heywood Road be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of =he Commissioner of Transportation of the State of Minnesota. BE XT FURTHER RESOLVED, ~hat the City Clerk is hereby authorized and directed to forward two certified copies of th/s resolution =o the Commissioner of Transports=ion for his considers=ion, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and main~ained as Municipal S~ate Aid street of =he City of Mound, to be numbered known as Municipal State Aid Street Belmont Lane. ADOPTED , 19 ATTEST: Mayor City Clerk CERTIFICATION hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on , 199 . (S~AL) City of City Clerk McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth. Minnesota 55447 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors December 12, 1994 Mr. Robert S. Brown Metro Division State Aid Engineer Minnesota Department of Transportation 1500 W. County Road B2 Roseville, Minnesota 55113 SUBJECT: City of Mound MSAS System Revision MFRA #10606 Dear Mr. Brown: The City of Mound is requesting the addition of a short street segment to their Municipal State Aid Street System. The segment is Belmont Lane, between Shoreline Blvd. (County Road 15) and Auditors Road (Control Section 109) and would add 200 feet or approximately 0.04 miles to the City's system. The City is planning to reconstruct Auditors Road in 1996, from Commerce Blvd. (County Road 110) to Shoreline Blvd., which will require this segment. At the present time the City is at the maximum MSAS mileage allowable, but a new subdivision is under construction which will add 0.5 miles of local streets. This additional mileage will result in a 0.10 mile increase to the City's allowable MSAS designation. Enclosed are copies of portions of Mounds's MSAS map which shows the additional local streets and also the segment of Belmont Lane they wish to add to their MSAS system. The City Council will adopt a formal resolution requesting this revision at their first meeting in January 1995 if it meets with your approval. If you have any questions or require additional information, please contact us. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron City Engineer JC: mm cc: Edward J. Shukle Jr., City Manager m:jcl2.12 BILLS --January 10, 1995 BATCH 4122 $145,719.58 BATCH 4123 TOTAL BILLS 198,178.63 $343,898.21 0 z Z Z I t.~ z tJ.J 13C Iio o~ 2~ o~ c~ Z ,-4 LL 0~'-- > .< Z g ,t iq' I 7 o ~J ! ,"', ,-4 !cc: r~ CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: January 6, 1995 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official -,~t~ ~ CONSTRUCTION ACTIVITY There were 13 building permits issued in December for a construction value of $950,827, bringing the year-to-date figure to $10,311,185. This month's activity is mainly due to Boyer Building Corporation starting construction of two units at Pelican Point. A portion of the Balboa Building also will be getting a new roof. There were 28 plumbing, mechanical and other miscellaneous permits issued in December for a total of 41 this month, and 764 year-to- date. This is more than twice the construction value of any of the last several years. More information on this year's activity will be in my upcoming annual report. PLANNING & ZONING There were two planning and zoning cases processed by the Planning Commission and City Council. Teal Pointe was sent back to the Planning Commission by the Council due to expiration of the submittal date; this case will be heard again by the Council on January 10, 1995. A fee increase for sprinkler system permits was approved by the Council on December 13, 1994. We are looking forward to working with our new Mayor, Bob Polston, and continuing our work with Mark Hanus, our new City Council member. 1995 looks like an exciting year! The Planning Commission is looking for a replacement for Mr. Hanus, all interested persons should contact the City Manager. COMMUNITY SERVICE OFFICER (CSO) ACTIVITY Total contacts by our CSO, Rick Maki, were 130 this month. The attached report details the variety. Maki continues to do a good job at this position with minimal supervision and has other duties with the Police Department that are not included in this report. JS:pj printed on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: I~ecemher Year:.,,1994 THIS MONTH J~JJ[w CIJN$11tUCTION VALUATION SINGLE FAMILY DETACHED 20 2,323,949 SINGLE FAMILY ATTACHED [CONDOS] TWO FAMILY I DUPLEX TWINHOHE 2 2 535,000 2 535,000 MULTIPLE FAMILY {3 OR MORE UNITS] TEANSlENT HSG. [HOTELS / MOTELS] SUBTm^L 2 535,000 22 2,858,949 NON-RESIDENTIAL COMMERCIAL (RETAIL/RESTAURANTJ OFFICE / PROFESSIONAL INDUS1 DIAL PUBLIC / SCHOOLS SUBTOTAL REBIDENTIAL ADDITIONS TO PEINClPAL BUILDING 2 ] 56,000 47 1,0250,207 DETACHED ACCESSORY BUILDINGS 17 159,647 DECKS 40 148,718 SWIMMING POOLS 1 i0,000 REMODEL- MISC RESIDENTIAL 7 67,647 204 770,533 REMODEL- MULTIPLE DWELLINGS 1 74,980 6 470,863 SUBTOTAL 10 298,627 315' 2,589,968 NON-RESIDENTIAL COMMERCIAL (RETAIL/RESTAURANT) 10 188, 850 OFFICE /PROFESSIONAL 2 15,936 INDUSTRIAL 1 117,200 9 292,186 PUBLIC / SCHOOLS 7 4,365,296 DETACHED ACCESSORY BUILDINGS SUBTOTAL ] 117,200 28 4,862,268 D~MOLITIONS II 'PEEM'S I 'UNITS I VALUATION II 'PERMITS I VALUATION RESIDENTIAL DWELLINGS 7 NON-RESIDENTIAL BUILDINGS 7 TOTAL DEMOLITIONS 14 ~ PERMITS il' UNITS VALUATION ~' UNITS VALUATION # PEEMITS 2~2 TOTAL 13 950,827 379 10,311,185 'BUILDING 13 379 FENCES & RETAINING WALLS 1 49 SIGNS - 10 PLUMBING 8 135 MECHANICAL 12 130 GRADING 5 S&W, STREET EXCAV., FLEE,ETC.. 7 56 TOTAL J ql J 764 J CITY OF MOUND 5341 MAY~NOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 5, 1995 TO: MAYOR, CITY COUNCIL AND CITY MANAGER FROM: JOEL KRUMM, LIQUOR STORE MANAGER SUBJECT: DECEMBER 1994 MONTHLY REPORT As I anticipated and hoped, the month of December was the best month ever for sales at your Mound Liquor Store. Gross sales for the month were $158,047. The previous best month was July in 1993 when we did $154,245. Last year in December sales were $149,423. So we were up $8,624 or almost 6%. The customer count for the month was also up by almost 400 over December of 1993. Everything went smoothly it seemed for the holidays. Perhaps with Christmas and New Year's falling at the end of the week had something to do with it. Sales were spread out over six days rather than being crammed into one, two or three days. Believe me, I prefer the steady consistency sales over the last minute hectic rush. Stress reduction! Being that we had to conduct our annual inventory at the end of December, I let our stock run down to an acceptable level without affecting the appearance of our shelves or displays. Since inventory was taken January 1st, I will have to wait and report on that for you in next month's edition. Preliminary figures indicate we had an excellent year again. Looks as though sales were up approximately $50,000 over 1993. That's right around a 4% increase, which is great when most other stores are reporting flat or down sales again for the 3rd consecutive year. JK:ls printed on recycled paper CITY OF MOUND MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 6, 1995 TO: MAYOR, CITY COUNCIL AND CITY MANAGER FROM: GREG SKINNER, UTILITIES SUPERINTENDENT SUBJECT: DECEMBER 1994 MONTHLY REPORT STREETS We were out plowing snow three times and dropped sand 5 times in December. We had some wing repair done on the old dump truck, due to hitting something hard and bent the post. The trackless snow thrower we use for the sidewalks had to be repaired two times this month. The first time we fixed in house. The cutting edge and front tube had rusted away. Tim fabricated some new pieces and put everything back together. The second time we had to send it to McQueen's to have the input shaft into the clutch system, splines were all rounded off. The vehicle is back now and works fine now. We also repaired eight signs that were hit by vehicles sliding or running off of the road. Had a few others that we replaced that were worn out. We had some pretty nice weather in December, we had the guys trim limbs that overhang into the street right-of-ways and into the sidewalks. We will try to do as much as we can during the winter before spring arrives. WATER We had one main break on Bartlett Boulevard on December 12th. It caused some damage to people's homes. The water ran down the embankment towards a house. The damage was to carpet, box spring, mattress and some odds and ends. This was given to the City's insurance company to take care of. The last I heard the claim is going to be denied cause we were not liable for anything there. The water meters were read again. It is getting better. We still have some bugs to work out yet. There is a little trouble with the hand held units not functioning properly. We think the cold weather caused this. We will try again in January and if it happens again, we will contact Jeff to get it corrected. The punchlist for the lift pr~nted on recycled paper stations for the most part is complete. The only thing we are actually waiting now is the phone company to complete the final installation in the panel for the automatic dialers on the warning system. All that should be done the first part of January. Once that is done, we are pretty much done. Except there are a few items on the list that need to be addressed this spring; a driveway, some landscaping at a few stations. Pump house maintenance was done in December. Things need to be painted and cleaned up, overhauled. We will continue in January. The lead/copper sampling that we have been doing for the last year, we will be sending another round of samples in January for four houses. Have had no problems with it, hopefully some time this year, if everything goes the way it has been going, we should be completed with that and not have to worry about doing any more testing. MISCELLANEOUS Pelican Point - We have spent time out there, Scott from Sewer, Bob and myself. Installation of utilities, checking to make sure the sewer is televised. They will be giving us a tape of it. The storm sewer has been put in and lamped and inspected. The watermain's are all in. We haven't received the test results for the disinfection of the watermain as of yet, it should be coming soon. Staff - Pat Cheney has left employment with the City. He left December 12th. We are in the process of accepting applications now for his position until January 11th. Hopefully, we will have someone in place by the middle of February. GS:Is 13o CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 5, 1995 TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL ~ t,,~/ PARKS With the warm weather the ice rinks were set back as far as being able to make ice. As soon as the cold weather sets in we will catch up so they are skateable. A list has been prepared for the rip rapping proposed for 1995. This has been mailed to contractors and is due back by January 16, 1995. If ice conditions are good, this work will be done in February. Also quotes are being taken on the stairways to docking areas, this work will wait until April of this year to begin. The play equipment for Dundee Park has been ordered and is expected to arrive in March. The homeowners in the neighborhood had input on what they wanted and are happy to see improvements being done. DOCKS The 1995 forms have been readied for mailing for renewal of dock sites. the water level up, I anticipate all sites to be rented. Again with The dock inspector has made rounds for proper storage of docks. There have been some minor problems, but they are being resolved. The dock inspector will look at all sites in February to see how many docks are left in the lake and also compile the number of complaints. This is to be done to help see if change is needed in the ordinance for dock storage. TREES This time of year is slow on complaints for trees. The only work done was at Three Points Park where there was removal of hazardous trees and limbs along with trimming of all trees in the park. JF:ls printed on recycled paper CITY OF MOUND 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 5, 1995 TO: FROM: CITY COUNCIL CITY MANAGER FRAN CLARK, CITY CLERK DECEMBER 1994, MONTHLY REPORT There was one regular meeting in December with agendas, minutes and resolutions to prepare. The Cemetery Map was updated with all the changes that took place in 1994. I entered all the minutes from 1994 into the Clerk's Index Program on my computer. This really works slick when you need to find something later, just a few key strokes and you have the information. New fries were made for 1995. The Police Department's Policy & Procedure Manual and Emergency Operation Procedures Manual had to be converted from Word Star to Word Perfect to conform with new software. It took about a week to complete this project. printed on recycled paper LEN HARRELL Chief of Police MOUND POLIC 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Len Harrell Monthly Report for December 1994 The police department responded to 914 calls for service during the month of December. There were 24 Part I offenses reported. Those offenses included 2 burglaries, 17 larcenies, and 5 vehicle thefts. There were 52 Part II offenses reported. Those offenses included 2 child abuse/neglect, 5 narcotics, 5 damage to property, 4 liquor law violation, 4 DUI's, 1 simple assault, 7 domestics (1 with assault), 8 harassments, 2 juvenile status offenses, and 14 other offenses. The patrol division issued 92 adult citations and 5 juvenile citations. Parking violations accounted for an additional 89 tickets. Warnings were issued to 78 individuals for a variety of violations. There was 1 adult and 5 juveniles arrested for a felonies. There were 22 adults and 4 juveniles arrested for misdemeanors. There were an additional 2 warrant arrests. The department assisted in 12 vehicle accidents, 3 with injuries. There were 44 medical emergencies and 61 animal complaints. Mound assisted other agencies on 16 occasions in December and requested assistance 16 times. 133 MOUND POLICE DEPARTMENT MONTHLY REPORT - DECEMBER 1994 II. INVESTIGATIONS The investigators worked on 8 child protection issues, 1 kidnapping, and 1 criminal sexual conduct cases in December. Those 10 cases accounted for 67 hours of investigative time. Other cases investigated included burglary, criminal damage to property, thefts, violations of order for protection, assaults, and a liquor license background. Formal complaints were issued for DWI's, trespass, violation of restraining order, damage to property, false information, deprivation of parental rights, minor consuming, driving after cancellation, dog at large, and receiving stolen property. III. Personnel/Staffine The department used approximately 24 hours of overtime during the month of December. Officers used 49 hours of comp-time, 312 hours of vacation, 153 hours of sick time, and 60 holidays. Officers earned 35 hours of comp-time. IV. Officers attended a mandatory 2 hour use of force FATS training held at the Mound Police Department. Vo The reserves donated 112 hours during the month of December. MOUND POLICE DEPARTMENT DECEMBER 1994 OFFENSES CLEARED EXCEPT- CLEARED BY ARRESTED 1%EPORTED UNFOUNDED CLEAP. ED AI~_~%E ST ADULT JUV PART I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 1 0 1 17 2 0 0 1 4 5 1 0 0 0 0 0 0 0 0 0 0 TOTAL 24 3 0 I I 5 PART II CRIMES Child ;%buse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (No Assault) Harassment Juvenile Status Offenses Public Peace Trespassing Ail Other Offenses 2 0 0 0 3 0 0 0 0 0 1 0 5 1 0 0 0 0 0 0 0 0 0 0 5 0 0 2 1 2 4 0 0 4 3 1 4 0 0 4 4 0 1 0 0 0 0 0 1 0 0 1 2 0 6 0 0 0 0 0 8 0 0 1 1 0 2 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 1 0 14 0 0 6 6 0 TOTAL 52 I 0 19 22 4 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 9 3 0 44 61 16 679 812 HCCP Inspections 4 22 TOTAL 914 20 23 9 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT DECEMBER 1994 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS MONTH 40 49 28 25 67 89 4 4 9 3 0 1 22 5 4 24 52 44 61 22 679 YEAR TO DATE 672 535 194 379 734 341 87 75 104 39 0 3O 388 42 107 349 812 343 1,007 501 9,340 LAST YEAR TO DATE 679 702 171 307 1,263 346 73 58 75 23 0 48 298 44 80 325 738 396 1,518 9,564 TOT~ Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,232 60 28 4 16 16 16,079 543 462 46 149 111 16,708 538 328 73 172 70 DECEMBER 1994 CITATIONS DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt MV/ATV Miscellaneous Tags TOTAL ADULT JT~FEN I LE 4 0 4 0 0 0 5 0 1 0 32 0 0 0 0 0 10 2 0 0 0 0 0 0 2 1 0 0 31 0 0 0 0 0 89 0 0 0 2 0 0 0 1 0 0 0 0 2 181 5 /37 WARNINGS Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor DECEMBER 1994 Adult 6 25 13 0 9 9 0 0 0 9 71 Juveniles 1 3 2 0 0 0 0 0 0 1 7 Run: 3-Jan-95 19:29 PRO03 MOUND POLICE DEPARTMENT Page 1 Primary ISN's only: No Date Reported range: 11/26/94 - 12/31/94 ~t~vit¥ codes: All Status: ALt Property Types: All Property Descs: All Brands: Att Models: ALL Officers/6adges: ALL Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Date Recov'd Tp Desc SN Stat Stolen Value Recov'd Value Quantity Act Brand Mode[ Off-1 Off-2 Code Assnd Assnd A Prop type Totals: Prop type Totals: H Prop type Totals: Prop type Totals: R Prop type Totals: T Prop type Totals: Prop type Totals: Prop type Totals: Y Prop type Totals: **** Report Totals: 22,000 22,000 3.000 350 0 1.000 500 0 1.000 4,900 4,900 1.000 1,388 0 5.000 1,642 0 5.000 1,180 0 4.000 2,500 0 3.000 489 0 5.000 34,949 26,900 28.000 Run: 3-Jan-95 19:57 CFS08 Primary ISN~s only: No Date Reported range: 11/26/94 - 12/31/94 Time range each day: 00:00 - 23:59 How Received: AlL Activity ResuLted: ALL Dispositions: ALL Officers/Badges: ALL Grids: ALL Patrol Areas: ALL Days of the week: ALL MOUND POLICE DEPARTMENT Enfors CaLts For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 32 9012 OPEN BOTTLE 1 9018 EQUIPMENT VIOLATION 2 9019 J-EQIPMENT VIOLATION 1 9039 J-ALL OTHER TRAFFIC 2 9040 NO SEATBELT 1 9100 PARKING/ALL OTHER 8 9140 NO PARKING/WINTER HOURS 81 9200 DAS/DAR/DAC 5 9210 PLATES/NO-IMPROPER'EXPIRED 10 9211 J-PLATES/NO-EXPIRED-IMPROPER 2 9220 NO INSURANCE/PROOF OF 31 9240 CHANGE OF DOMICILE 1 9301 LOST PERSONS 4 9312 FOUND ANIMALS/IMPOUNDS 3 9313 FOUND PROPERTY 6 9314 FOUND VEHICLES/IMPOUNDED 1 9430 PERSONAL INJURY ACCIDENTS 2 9440 H/R PERSONAL INJURY ACC. 1 9450 PROPERTY DAMAGE ACCIDENTS 7 9451 H/R PROPERTY DAMAGE ACC. 2 9560 MEDICAL/AB 1 Page Run: 3-Jan-95 19:57 CFS08 Primary lSN's onLy: No Date Reported range: 11/26/94 - 12/31/94 ~nge each day: 00:00 - 23:59 How Received: Activity Resulted: At[ Dispositions: AIL Officers/Badges: Ali Grids: AIL Patrol Areas: AIL Days of the week: AIL ACTIVITY CODE DESCRIPTION 9561 9566 9567 9710 9720 9730 9801 9802 9900 9904 9910 9920 993O 9935 9943 9944 9950 9990 9992 DOG BITE ANIMAL ENFORCEMENT TICKETS DANGEROUS DOG MEDICAL/ASU MEDICAL/DOA MEDICALS MEDICALS/CI ALL OTHER/UNCLASSIFIED DOMESTIC/NO ASSAULT PUBLIC ASSIST ALL HCCP CASES OPEN DOOR/ALARMS MISC. SERVICES BY OFFICERS INSPECTIONS DEPARTMENT HANDGUN APPLICATION LIQUOR BACKGROUND PROtJLER UNWANTED GUEST INFO/INT WARRANTS MISC. VIOLATIONS MUTUAL AID/8100 MOUND POLICE DEPARTMENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS 3 2 2 2 2 35 1 8 6 2 4 14 1 3 8 1 1 1 3 2 5 11 Page Run: 3-Jan-95 19:57 CFS08 Primary ISNfs onty: No Date Reported range: 11/26/94 - 12/31/94 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: Patrol Areas: Days of the week: All MOUND POLICE DEPARTMENT Enfors CaLls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9993 MUTUAL AID/6500 4 9994 MUTUAL AID/ ALL OTHER 1 A5351 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM 1 A5354 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM 2 A5502 ASLT 5-THRT BODILY HARM-NO WEAP-ADLT-ACQ 1 Bl136 BURG 1-OCC RES FRC-D-UNK WEAP-INT COM ASSAULT 1 B1264 BURG 1-OCC RES NO FRC-N-UN ~EAP-COM THEFT 1 D1700 DRUGS-SCH 1 NARCOTIC-ATT PROC-UNK TYP-UNK CHAR 1 D8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION 2 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 2 J2500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR 1 J2700 TRAF-ACCID-GM-AGGRAVATED VIOLATION 1 J2EO0 TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH 2 J3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR 2 J3EO0 TRAF-ACC-M$-AL 10 MORE-UNK INJ-UNK VEH 2 K6004 DEPRIVE OF PARENTAL RIGHTS-UNK ~EAP-CHLD-FAM 1 M3001 JUVENILE-ALCOHOL OFFENDER 1 M4199 LIQUOR - OTHER 3 M5350 JUVENILE-RUNAWAY 2 N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 8 Pl110 PROP DAMAGE-FE-PRIVATE-UNK INTENT. 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 4 Page Run: 3-Jan-95 19:57 CF$08 Primary ISN's only: No Date Reported range: 11/26/94 - 12/31/94 ange each day: 00:00 - 23:59 How Rece|ved: All Activity Resulted: All Dispositions: Ali Officers/Badges: Grids: Patrol Areas: Ali Days of the week: All ACTIVITY COOE DESCRIPTION T1059 TC021 TC029 TD159 TF029 TG021 TG061 TG069 TG159 VA021 VA024 VB021 VKl14 Y3230 THEFT-MORE $2500-FE-FRM YARDS-OTH PROP THEFT-501-2500-FE-BUILDING-MONEY THEFT-501-2500-FE-BUILDING-OTH PROP THEFT-NOT MORE 500-FE-MOTOR VEH-OTH PROP THEFT'201'500-GM'BUILDING-OTH PROP THEFT-LESS 200-GM-BUILDING-MONEY THEFT'LESS 200-GM-YARDS-OTH PROP THEFT-LESS 200-GM-YARDS-SCH1 2 CT SU THEFT-LESS 200-GM-MAILS-MONEY THEFT-LESS 200-GM-MAILS-OTH PROP THEFT-LESS 200-GM-MOTOR VEH-OTH PROP VEH-MORE THAN 2500-FE-THEFT-AUTO VEH-MORE THAN 2500-FE-THEFT-SNO~MOBILE VEH-501-2500-FE-THEFT-AUTO VEH-201-5OO-MS-PARTS-MOTOR VEH-SNOkrMOBILE CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH MOUND POLICE DEPARTMENT Enfors Ca[is For Serv{ce [NC[DENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 1 2 1 1 1 1 3 1 1 1 4 2 1 1 1 2 **** Report Totals: 389 Page Run: 3-Jan-95 19:04 OFF01 Primary ISN's on[y: No Date Reported range: 11/26/94 - 12/31/94 Time range each day: 00:00 - 23:59 Dispositions: AIl Activity codes: AIl Officers/Badges: Alt Grids: Alt ACT ACTIVITY CODE DESCRIPTION ,A5351 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM A5354 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A55D2 ASLT 5-THRT BODILY HARM-NO WEAP-ADLT-ACQ Bl136 BURG 1-OCC RES FRC-D-UNK WEAP-INT COM ASSAULT B1264 BURG 1-OCC RES NO FRC-N-UN WEAP-COM THEFT D1700 DRUGS-SCH 1 NARCOTIC-ATT PROC-UNK TYP-UNK CHAR D85DO DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK J2500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR J2EO0 TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH J3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR J3EO0 TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH K6004 DEPRIVE OF PARENTAL RIGHTS-UNK WEAP-CHLD-FAM M3001 JUVENILE-ALCOHOL OFFENDER M4199 LIQUOR - OTHER M5350 JUVENILE-RUNAWAY N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS Pl110 PROP DAMAGE-FE-PRIVATE-UNK INTENT P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT T1059 THEFT-MORE $2500-FE-FRM YARDS-OTH PROP TC021 THEFT-501-2500-FE-BUILDING-MONEY TC029 THEFT-501-2500-FE-BUILDING-OTH PROP TD159 THEFT-NOT MORE 500-FE-MOTOR VEH-OTH PROP MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED 100.0 0.0 0.0 100.0 0.0 0.0 100.0 If'~' ~ 100.0 100.0 100.0 100.0 0.0 100.0 100.0 50.0 12.5 0.0 0.0 0.0 0.0 0o0 Run: 3-Jan-95 19:04 OFF01 Primary ISN~s on[y: Date Reported range: ange each day: D(spositions: Activity codes: Officers/Badges: Grids: No 11/26/94 - 12/31/94 00:00 - 23:59 AIl AIl At[ MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING THEFT-201-5OO-GM-BUILDING-OTN PROP THEFT-LESS 200'GM-BUILDING-MONEY THEFT-LESS 200-GM-YARDS-OTH PROP THEFT-LESS 200-GM-YARDS-SCH1 2 CT SU THEFT-LESS 2DO-GM-MAILS-MONEY THEFT-LESS 200-GM-MAILS-OTH PROP THEFT-LESS 200-GM-MOTOR VEH-OTH PROP VEH-MORE THAN 2500-FE-THEFT-AUTO VEH-MORE THAN 2500-FE-THEFT-SNO~MOBILE VEH-501-2500-FE-THEFT-AUTO VEH-201-5OO-MS-PARTS-MOTOR VEH-SNO~/MOBILE CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED .TF029 TG021 TG059 TG05C TG061 TG069 TG159 VB021 VKll4 Y3230 1 1 0 0 0 0 0 0 0,0 1 0 1 1 0 0 0 0 0,0 3 0 3 3 0 0 0 0 0.0 1 0 1 I 0 0 0 0 0,0 1 0 1 1 0 0 0 0 0,0 1 0 1 1 0 0 0 0 0,0 4 0 4 4 0 0 0 0 0,0 2 1 1 1 0 0 0 0 0,0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0,0 1 0 1 1 0 0 0 0 0o0 2 0 2 0 2 0 0 2 100.0 **** Report Totals: 61 4 57 37 15 5 0 20 35.0 05-Jan-95 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR DECEMBER FINANCE DEPARTMENT REPORT Investment activity Balance: Bought: December 1, 1994 $4,815,712!i Money Market SB - Income Reinvested Money Market Smith Barney CP Dain Bosworth CP First Bank CP Smith Barney CP Smith Barney Matured: CP Dain Bosworth CP Smith Barney Balance: December 31, 1994 5.63 6.14 6.16 6.07 5.17 5.51 15 276,000 401,989 399,037 424,703 396,964 (399,360) (274,655) $6,040,405 During the month of December we prepared for the closing of the year in the Finance Department. Changes were implemented in the Payroll System to conform to the regulations from the IRS. W-2 were printed and will be distributed in early January. The new rates for water and sewer, as approved by the council, are now in place and a 5% overall increase will be reflected starting with the next billing. The 1995 city budget was approved by the council on December 13. The levy was certified to the county, the truth in taxation report was filed with the State Department of Revenue, and a summary report was submitted to the Office of the State Auditor. The same summary will be published in the Laker in January. It is again that time of the year when we finalize the year's activity, summarize and analyze the numbers and prepare for the audit. City of Mound Monthly Report Utilities Month of: December 1994 Residential Commercial 01 ~04~95 U ti l ity - 94 Total No. of Customers: Water Sewer Water Used: (in 1,000 gallons) Billing: Water Sewer Recycle Total 1,066 1,067 16,188 $26,503 $36,134 $2,940 $65,577 121 121 4,727 $5,103 $12,778 $23 $17,904 1,187 1,188 20,915 $31,606 $48,912 $2,963 $83,481 Payments: Water Sewer Recycle Total $28,043 $38,763 $2,924 $69,730 $3,372 $10,055 $15 $13,442 $31,415 $48,818 $2,939 $83,172 MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT MON~ MONTH TO DATE TO DATE ~ONTH OF DECE~mER 1994 qO. OF CALLS ~ } 57 632 603 40UND FIRE - il 13 133 117 E~.fl~RGENCY 21 2~ 254 237 tINNETONKA BEACH .F.I RE O 0 22 9 m~ERGENCY Z 0 $ 4 ~INNETRISTA FIRE 3 3 23 31 I~MERGENCY 4 Z 46 38 )RONO FIRE 4 4 4] 2,8 I~MERGENCY ] ,3 26 2,7 ~HOREWOOD FIRE O 0 f) 4 I~MERGENCY 0 O 5 4 ~PRING PARK FIRE 2 2. 37 32, I~'"~-RGE~L'~f ? ? 35 67 ,IUTUAL AID FIRE N D 5 6 t~[ERGENCY O N 2 3 [OTAL FIRE CALLS ?N 27 ?6] 225 ~OTAL EMERGENCY CALLS 30 35 37] 38] ~OPEMERCIAL 1 2 11 q RESIDENTIAL fi q 58 65 INDUSTILIAL / SCHOOL ] 0 ] O .jP, ASS& MISCELLANEOUS fi /, m 62 ~UTO 1 N 8 15 FALSE ALARM / FIRE ALARMS 5 7 95 72 ~D, OF HOURS FIRE 184 230 2891, - MOUND .~MERGENCY 404 536 49,39 4447 TOTAL 588 766 7f13fl 7NSN FIRE O 0 370 qq - MTKA BEACH }~{ERGENCY ,33 O Az, 97 TOTAL 33 N z,1 z, 196 FIRE 75 34 373 592 - M'TRISTA F~.51RGENCY 75 18 828 TOTAL 150 52 1201 1287 FIRE 98 85 862 - 0RON0 FI',fI~RGEI'~'Y 25 66 443 550 TOTAL 123 151 1305 1178 FIRE 0 0 0 - SHOREWOOD M~ERGENCY 0 0 94 71 .TOTAL o o 94 1 51 FIRE 39 43 807 645 - SP. PARK EMERGENCY 47 23 74~ TOTAL 86 66 155 ~ ] 994 FIRE 0 0 200 222 - MUTUAL AID EMERG~qCY 0 0 36 41 TOTAL 0 0 236 tOTAL DRILL HOURS 170 145 1982 1955 TOTAL FIRE HOURS 396 392 5503 49?5 TOTAL EMERGENCY HOURS 584 643 7lqN 7224 1DTAL FIRE & MM~GENCY HOURS 980 10}~ ]2,,6~3 12,159 .~UTUAL AID RECEIVED 0 Q 4 2 qUTUAL AID ~IVEN N N ? 9 MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF DECEMBER 1994 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 12/12 12/19 I4~ H/IRS HZtlRS RA./E 1 ,JEFF AMD'ERgK'~T X X 2 19.00 4 40 6.00 240.00 2 GRFfi ANDF. RSf)N X X 2 19.00 1~ 47 6.00 282.OO 3 3~"~RY B,~,~B .................................... 4 PAI.q, ~ABB X X 2 19.00 4 39 6.00 234.00 5 DAV~ BOYD ,]~ X 2 19.00 4 21 6.00 126.00 6 SCOTT BRYCE (,,g~ X 1 9.50 22 I: 30 6.00 180.00 7 ~AV~ CA~SON (3.-2 X I 9.50 2~ ~5 6.00 90.00 8 .~, CAS~ x x 2 I9.00 I% 35 6.oo 2~0.oo 9 STE~ COLZ~NS X X 2 19.00 2~ ~O ~'00 120.OO 10 ~0~ C~O,D X X ~ 19.00 2% 2S 6.00 ~68.00 11 ~¥ EN6ELHART X X 2 19.OO 2½ 25 6.00 150.OO 12 ST~ ERICKSON X X 2 19.00 0 36 6.50 234.00 ~3 ~m: ~s~ x x 2 19.00 0 7 6.00 42.00 14 DA~ ~ x x 2 19.00 lh 40 6.oo 240.00 ~5 ~svr~ O~A~¥ X X 2 19.OO O 27 6.00 ~62.OO 16 c~Is m~mSON X X 2 ,I9.00 S 42 6.OO 252.OO 17 ?AU~ ~mN~¥ X X 2 t9.OO t 27 6.OO 162.OO 18 JASON MAAS -X X 2 19.00 2~ ii 37 6.00 222.OO 19 gOm~ ~t3S X X 2 t9.OO 2 22 6.0O 132.00 20 .JAMES NELSON X × 2 19.00 2 20 6.OO ~20.OO 2I 5t~qV NELSON X X 2 19.00 I1 34 6.00 204.OO 22 ~RE~ N-XCCt~ X X 2 19.00 2 13 6.oo 78.00 23 GREG ?AI~ X X 2 19.00 5 28 6.oo 168.00 24 MIKE PAP.~ X X 2 19.00 2 35 6.00 2~0.00 25 ~ ?A~ X X 2 ~9.00 2 31 6.00 ~86.00 26 6~ ?EDEP~SON X X 2 19.OO 0 26 6.25 162.50 27 C~mIS ?OO'N~m X X 2 ;19.00 4~ 34 6.00 204.00 ~rON~ m~S~rOSSEN ""~,) E O -0- 0 O 6.00 28 ~0~ 29 ~KE SAVAGE X X 2 19.OO 0 23 6.OO 138.00 30 ~ZV~N S~??~m.,L X X 2 19.00 2 ~ 6.0O lS6.OO 31 RON STALLM~N X X 2 19.00 0 25 6.00 150.00 32 BRUCE SVOBODA X~ X 2 19.OO 4 30 6.OO 180.OO 33 TO~ SWI~SON~ E 0 ~-O- 0 O 6.OO 34 EO VANECL-X ... ~ X 2 19.00 2 32 ~,OO 192.00 35 R~CI( WILLIAMS X X 2 19.00 9 33 6.00 198.00 36 TI~.I WILLIAMS X x ~ 19,00 2 14 6.00 s4 .oo 37 DI~IS woYr~E X X 2 19.00 2~ 33 6.oo 198.00 32 36 68 'IOIAL5 80 90 170 646.00 121½ 980 W~ 5,904.50 170 HR~c l~nnq 646.OO 1~ 1,167 .OO ~ 7,717.50 DRILL REPORT MOUND--FIRE--DEPARTMENT Date~~\ Discipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : ~ Excused X Unexecused O Present / Not Paid P E.R S O N N E L -- ~\l%_J.Andersen .-i.G'Anders°n Z~P.Babb D.Boyd S.BrTce D.Carlson J.Casey ~J~S.Collins B.Crawford R.Engelhart [_~S.Erickson P.Fisk .Grady .Grady C.Henderson P.Henry J .Maas J.Nafus %~MJ'Nels°n .Nelson  B. Niccum G.Palm M.Palm ~.~ [Palm Pederson ~\1~ C.Pounder T.Rasmussen M.Savage ~ K.Sipprell R.Stallman Svoboda T.Swenson ~_E.Vanecek R.Williams ~-T.Williams ).Woytcke DRILL REPORT MOUND-FIRE-DEPARTMENT Date~~ Discipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose ~ppliances Hours Training Paid : Excused X Unexecused O Present / Not Paid laneous : PERSONNEL J.Andersen G.Anderson P.Babb D.Boyd S.Bryce __., D.Carlson ~Casey Collins -~_B.Crawford R.Engelhart S.Erickson Fisk ~ D.Grady K.Grady .C.Henderson P.Henry J.Maas J.Nafus J.Nelson M.Nelson B.Niccum G.Palm M.Palm T.Palm G.Pederson Rasmussen Savage %~__K.Sipprell ~%~_R.Stallman B.Svoboda iSwenson .Vanecek Williams  T.Williams D.Woytcke DATE MOUND FIRE DEPARTMENT TOTAL MAINTENANCE FOR MONTH OF ~ P. BABB ~ D. BOYD ~ s. ~c~ , 2/~ D. CARLSON ~ ~. c~ss~ ~7~,' s. co~ss S. ERICKSON P. FISK K. GRADY C. HENDERSON / P. HENRY J. NELSON MEN ON DUTY ~ R. WILLIAMS ~'~ T. WILLIAMS ~,~2z--"D. WOYTCKE .M. NELSON B. NICCUM G. PALM M. PALM T. PALM G. PEDERSON C. POUNDER T. RASMUSSEN M. SAVAGE K. SIPPRELL R. STALLMAN B. SVOBODA T. SWENSON E. VANECEK TOTAL MONTHLY HOURS 01/05/1995 12:45 G12--4724435 TBM REESE PAGE 01 LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEPHONE 6121473-7033 EUGENE R. 81~OMMEN, EXECUTIVE DIRECTOR BOARD MEMBERS William A, Johnstone Chair. Mlnnetenka Tom Penll vice Chair, Tonka Bay Douglas E, ~reta~. S~ng R~ Ra~p Mi~e Bloom Mlnnetonka Beach N~ (~) Foster Deephaven James N. G~a~wol ~celsior Ronald Kline Minnetdsta Duane Magus Wayzata Craig Mollet Victoria Thomas W. Reese Mou~ Ne~ J, Sue~h Woodlsnd Joseph Zwak Greenwo~ TO: MOUND CITY COUNCIL DATE: JANUARY 4, FROM: TOM REESE, LMCD RKPRESF. NTATIVE SUBJECT: DECEMBER REPORT - LMCD 1.0 EurmiollW~tel'milfoil T~k Force. 1. l The enthusiasm ~or turfing of the }mrvesting operation o~er to a private operator see~ to have vaned. It t~ its own set of complications and upside cost pressures. This ha.m't been purst~ yet to tl~ point of quantifying these issues. 1.2 Herb Suerth, my member from Woodla~ has be~n appointed as Chair of the Milfoil program, replacing Tom Penn. 2.0 Lake Mm~eement Plan 2. I TI~ 199~ Bo~ Demity Survey final report vas received this month. The e3~cutive summary of this report is attaclx~d. As expected the report disclosed no great imrease over previous y~ars in boat activity The ~ovth in numbers of personal vatercraft is of note. This report is in son~ greater fletail that previous ones, vhich should be of assislame if it comes to det~rmir~g just vho uses the lake. 3.0 C, enaral Itmm 3.1 The Board is invol~d vith a comphcatat liti~tion vith one of it~ ovn members. Joe Zvak, representative from Greenvood, along vith 3 other property ovners, is a party to a docka~ rights dispute vith the vording of tl~ LMCD code. This disput~ vas in existame prior to Mr Zvak's appoimzmnt to the LMCD. 3.2 A public hean~ vas held this month on the proposal public pier ordinance that vould initially cover the Wayzata Lake Walk project. The attendame vas small despite ma:h advame notification The ordinance viii nov go back to committee for final vording ard then if finally approved, to the Board for ~ three 3.3 The next quarterly Mayors' conference is scheduled for 7:31lAM, February 24that the Walrzata Norwct Bank. t c3 8~/05/~995 ~2:45 612--4724435 TOM REESE PAG~ 02 3.~t T~ 'Envelope Concept' for marinas vas approval in cor~cept by the Board and rsha-md to tt~ Watar Structures Commitl~ for ordmm:s dswlopm~nt 4.0 '~. 1 Tt~ montl~tt~ LMCD Board appro~ vithout comment, s~coni ~ of t~ ordim~ ~ vould alloy t~ covnti~ of shorel~ of wn-conti~ous property at Pelican Point for total boat cc. C~m S~~ 81/84/1995 11:42 612--4724435 T0M REESE PAGE 82 I. EXECUTIVE SUbiMARY Historical Comparbon Data identifying 'boating averages" has been developed over five years in which the Lake Minnetonka Boat Density Study has been conducted. The five years in which comparntive aerial boat use den.airy surveys have been conducted are 1985, 1986, 1987, 1992, and 1994.The boat d~nsity study was not held from 1988 to 1991 du~ to iow water levels. The high boating average was observed in 1986 at 1,453. The low boating average was observed in 1992 as 1,306~ Ohservatiom reveal a range of plus or minus 70 boats (6%) to those of the 1994 study, which averaged 1,375 (see Figure 4). While comparing "maximum boating numbers", with 5 years of survey data available (1984 to present), the 1994 study of 2,131 showed 'maximum boating numbers' as being third highest. A comparison of 2,252 boats in 198'/as maximum boating average 'high", with the "low,st' maximum boating average in 1992 at 1,829 Relative to the past $ survey years of studies a comparison range shows within plus 121 boats (6%), to minus 302 boats (14%) relative to 2,131 observed in the 1994 study (see Figure 4 ). 1994 Summary of Lake Activities and Sources (See Figure 1). · Total Number of Boats Counted: 17,873. · Average boats per flight: 1375. · Minimum boats observed as 563 on July 9. · ' Maximum number of boats observed as 2131, on August 21. · Most heavily utilized lake area (as a percent of total activity) was Lower Lake North, on average accounting for 20 · of boating activity. · Least heavily utilized lake area (as a percent of total activity) was Libb's Lake. on average accounting for 0.2 % of boating activity. · Car trailers and car toppers sourced (on average) 27 % of boats on water. · Number of Municipal Docks totalled 10;56. · Municipal docks sourced 1~% of boats on water. · Boat rentals sourced 3 % of boats on water. I. ake Mtnnetonka Boat. Density Survey - 1994 Pas ! 81/84/1995 11:42 G12--4724435 TOM REESE F~ Dr~ stack sourced 2 · of boats on water. :. Remaining 38 % contributed to riparian dock owners, undgsignatgd car trailer facUities not monitored, others, and the ac, cumulation of erors of all categories. Acres Per Boat (see Average for entire lake: 10 acres/boat. Most con~estzd lake areas were: Coffee Cove, Lakc area #I and Excelsior Bay, ~ area if 36 -- 1 acm/boat Least congested lake area was: Old Channel Bay, Lake area afl0 ,- 36 acres/boat. Marina Oecu~q Rate For Off-Peak Mights (see Data 6/6/94 84.8 % ?/6/94 84.2 % 8/12t94 ' 86.2 Municipal Dock Occupancy Rate for Off-Peak Mights (see Data Analysis) 616194 "/1.6% '7/6194 90.8~ 8112194 Lower lake South Municipal Docks' North Mound Municipal Docks South Mound Municipal Docks Tr er Pm"king · Annual average occupancy.rate for weekend and holiday survey flights was 72 % of available designated car trailer stalls. · Designated car trailers observed accounted for '~6 % of all car trailers and car toppers observed, and 22 % of all boating activity. The total number of Undesignated and Fee Paid Ca~ Trailer Parking stalls available have not been determined, thus occupancy ratios for these sources are not available. Lake Minnetonka Boat Density Survey - 1994 81/84/1995 11:42 512--4724435 TOM REESE P~ B1/04/1995 11:42 612--4724435 TOM REESE ~:~ l. akg Mmmmrdu~ Bo~t.Dg~ity Survgy - 1994 01/0411995 11:42 612--4724435 TOM REESE ~ Boat DcmjtT Survey- 1994 01/04/1995 11:42 G12--472~435 TOM REESE ~ ! .I ! ! La.kc Minnetonim Boat Denfit~ Survey - 1994 01/04t1905 11:42 G12--4724435 TOM REESE P~ Llkl Al'ell Area Like Area ' Acre'/Bey 1 Hellteda B~y 545 2 Prieets B~y 144 3 Cool~ i~y 343 4 w#t U~r ~ 5 ~ U~r ~ke 722 ~ ~To~y 110 7 P~lp~y 345 8 E;st Upper ~ke 814 9 Csrmen'~ ~y 294 10 0Id Channel ~y 106 11 ;SpHng P.~ ~y 378 12 ~.ck ~ke 76 13 :E~id Like 13 14 ~on L;ke 44 15 Herrison~ ~y 215 16 Jennings ~y 290 17 WestA~ 514 18 Forest ~ke 82 19 Coffee Cove 57 20 West Crystal ~y 325 21 Esst C~st~l ~y 487' 22 No~ A~ 319 23 Stubbs ~y 195 24 Msxwell Bay 25 ~fsye~e ~y 454 26 Smiths ~y 266 27 T.nager L~ke 51 28 ~owns B.y 696 29 Wm~.ta ~y 778 30 Gr~y'~ hy 180 31 Libb's Like 17 32 Robin~ons ~y 92 33 ~y St. Loui~ 20 34 C~r~on's ~y 116 35 St. AIb=n; ~y 161 36 Excelsior ~y 90 37 Gideons ~y 330 38 ~Echo Bay 15 39 ~g Island P~s;. 36 40 Veteran's ~y 82 41 Lower Lake So~h g78 ~2 Lower Lake No~ 2090 _ Total ~cres 1404~ Su vc . ]994 01/04/1995 11:42 G12--4724435 TOM REESE P~~ 0 .-4 Lake Mi~ttmdm l~aat Demit~ Survey - ;~. I i.1.1 JANUARY Monday, Thursday, Friday, Saturday, Monday, Monday, Wednesday, LAKE MINNETONKA CONSERVATION DISTRICT 900 E. Wayzata Blvd., Suite 160 Wayzata, MN 55391 473-7033 MEETING SCHEDULE JANUARY, 1995 2 5 13 14 16 23 25 New Years Day- Office Closed Save the Lake Committee 5:00 pm, #160 Norwest Bank Building Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Building Water Structures Committee 7:30 am, #135 Norwest Bank Building Martin Luther King Day- Office Closed Public Hearing on Watercraft Observer Ordinance Amendment 7:00 pm, #135 Norwest Bank Building Lake Use & Recreation Committee 7:30 pm, #135 Norwest Bank Building Administrative Committee 6:00 pm, Tonka Bay City Hall LMCD Board of Directors Regular Meeting 7:30 pm, Tonka Bay City Hall L~KE MINNETONF-% CONSERVATION DISTRICT BOARD OF DIRECTORS EXECUTIVE SESSION (CLOSED SESSION) AGENDA 5:30 pm, Wednesday, December 28, 1994 Tonka Bay City Hall, 4901 Manitou Rd CALL TO ORDER ROLL CALL 1. Executive Session to consider Zwak litigation. 2. Adjournment Immediately followinq the above Executive Session: BOARD OF DIRECTORS SPECIAL MEETING (open session) 1. CALL TO ORDER 2. ROLL CALL 3. Consider action on an ordinance amendment. 4. Additional business 5. Adjournment League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 December 16, 1994 · RECE;~] ;~._.; § 1§~ ,, RECE;'.'F_3 ,gEC ! 9 1994 Dear City Managers/Administrators/Clerks: Those of you who have newly elected officials taking office on January 1 are no doubt planning orientations to familiarize new members with city goals, departments, services and programs. As part of your orientation program, we hope you'll encourage new councilmembers and mayors to attend the League of Minnesota Cities' Conference for Newly Elected Officials. This conference has been re-designed for 1995 to focus on giving newly elected officials an overview of what it means to be a member of a city council and what their job entails. As the first program offered as part of the League of Minnesota Cities' new Leadership Institute, participants will have the opportunity to hear about the rewards and challenges of being an elected official from experienced mayors and councilmembers. In addition, they will be provided with practical information they need to be an effective elected official. Elected officials have asked us to offer this conference at different locations across Minnesota. This will be our first year to offer the Newly Elected Officials Conference on three different dates and in three different locations: GRAND RAPIDS Sawmill Inn January 20-21 NEW ULM Holiday Inn January 27-28 ST. LOUIS PARK Sheraton Park Place February 3-4 All three conference sites will feature experienced presenters who have "hands-on" knowledge of city government in elected and appointed positions. Newly elected officials can select the program site that is nearest to them or most conveniently scheduled. Encourage your newly elected officials to attend this conference and learn more about what's involved in the job of being an elected official, the legal realities of what city councils can and cannot do, and the practical aspects of being an effective elected official. Further information is available in the enclosed brochure, along with a registration form for the conference and hotel accommodations. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612) 490.5600 1400-925-1122 plus your city code TDD (612) 490-9038 Fax (612) 490-0072 Page 2 We also hope you'll encourage your new members to attend a special pre-conference seminar on city finances which will be held at each of the three conference sites on Friday afternoon from 1:00 to 5:00 p.m., preceding the Newly Elected Officials Conference. This special pre-conference program will give them an important opportunity to learn about many aspects of municipal finance. We would appreciate your assistance in distributing the enclosed brochures and registration information to your city officials. On behalf of the League of Minnesota Cities, we send our very best wishes for the new year. .o - . ~'~ o -~.~ .e_ -~_ ~ ~_._ ._8 -'8 '~ 8 ~ '- - ~ o -~ ~ ~ ~ 8 · - = ' '~ 8 .~ ~ o '~ o 8 o -~ 8~ Z~zo~z o ~ 0.9-0 ~o ~ o RECEIVED .,:,;; 3 1995 December 30, 1994 TO: Mayors, Managers, Clerks FROM: James F. Miller, Executive Director 1995 NLC Congressional-City Conference Enclosed is the program brochure and registration for the 1995 NLC Congressional-City Conference, to be held in Washington, D.C., March 11-14. City officials are encouraged to attend and take part in developing an action plan to gain support for critical budget and policy issues facing cities during the 104th Congress. On Tuesday, March 14, the League will coordinate meetings on Capitol Hill for city officials with members of the Minnesota Congressional Delegation. At those meetings, Minnesota city officials will present our priorities for federal legislation to our congressional delegation. The deadline for advance registration is Friday, February 10. After that date, on-site registration will be necessary. In early January, the League will also send out travel service information. City officials attending the NLC Congress of Cities in Minneapolis last month identified five issues as the most immediate for Congress to address in 1995: public safety, deficit reduction, balanced budget, and stormwater. LMC 1995 City Policies also identify issues of concern to cities in Minnesota, including unfunded mandates, increased funding for Community Development Block Grants, laws regulating the public workplace and reforms to reduce personnel costs, consolidating and prioritizing environmental programs, transferring authority to use revenues when shifting responsibility for delivering services, growth management, IDB restrictions, telecommunications, and tax policies and support of fair market rents (FMRs) to encourage production and availability of affordable housing. The NLC Board of Directors, on which Mayor Karen Anderson of Minnetonka serves, will adopt a '95 Action Agenda at the conference. Minnesota city officials also need to define our priorities and address those at the NLC Congressional-City Conference. There also, Minnesota city officials serving on '95 NLC policy and steering committees will help influence the work program and policy studies to be conducted during the coming year. This is your chance to participate in setting that agenda and bringing our priorities for congressional action directly to members of the Minnesota Congressional Delegation. Enclosure 1'~3 ~hen the 104th Congress convenes in January 1995, it will bring new faces, new challenges, and an agenda of unfinished municipal business. It will be an important time for local leaders to make their voices heard again to fin- ish the leftover work and influence the direction of the new national agenda. From public safety to information highways to unfunded federal mandates, the Clinton adminis- tration and Congress will be making decisions that will affect every city and even' town. These deci- sions will affect local crime rates and family securi- ty, local taxes, local access to inter- national market- places, and local services. As these decisions are made, local leaders will be challenged to speak with one voice to define a clear voice for the nation's cities and towns. The 1995 confer- ence will provide you, as a leader, with a unique opportunity to: -, Learn first-hand what is on President Clinton's agenda and in his budget affecting your community, and make sure he knows what is on your com- munity's priority list; Participate in discus- insure that national ~ ~ iw and town leaders will directions support ~rsl~i g~ther at the Congressional Id~l City Co~ere~.ce)o municipal priorities. ~, ~ Action Agencla tot ~ The 1995 ! This is your ch .ance to ~Uett[¢~ c~i~,~ Congressional City 's riorit~es on tn. ' muni~ P ~__~han,,ed Conference is a call to ' should welfare programs r~ ~ I ~t,~uld the federal gov .er~ment action -- a time when i .... · · .t~ irrtormauon i a role for crees o.n.m= ~ ...... vide local leaders from i _~_t:,hwav? !-low ao ,,,~ V,~ . ! s. upe, n~,~ ,.U.-n safOx' of ctty rest- across the country will tot me nemm ,~ -~ . ~- dents at affordable levels: ~houlta come together to share I!/ comm~un?' development programs be information, develop altered. What ale. th.e key an action agenda, and issues on which alt ctty ama to~ ers ought to speak with one vmce lb 19957 The NLC Board of Directors will adopt the s ,-,,,,,-tin~ basect on lbpu.r n . . '"~--7 ~ ~u .... bout the country. meml2~:rs The Action Agenda defines mai°r legislative and policy priorities for the y~ and ~ the dk~t3°~[~'s advocacy, enorts o.n r~j .~- ~ino ,4 fawns Your lbpur lb ~ot ~a~', ~n~a and your active partm~pa- 'on m sharing ~t w~th .yo ..~ ~ . -~ dele*anon are essennua k~on~f~sslona~ ~ r to NLC's success lb V~ ashington on behalf of cities and towns. sions with Congressional leaders on a wide range of issues that were left unresoh,ed in 1994 and new issues that will be taken up in 1995; Understand the President's tax and budget priorities, how the), will affect vour city and your budget, and what you ca~ do to i~fluence those priorities; and Send a clear message that public safety of American citizens is a critical local priority. The Congressional City Conference will offer a range of policy and legislative sessions. work sessions, and town meetings. Some of the key issues for discussion and action in I995 are: President Clinton signed the Violent Crime Control and Lag' Enforce- ment Act of 1994 into law on September 14, 1994 to help reduce violent crime and enhance public safety in communities. The law calls for funding 100.000 new. local police officers now and the funding of a new Local Partnership Act in 1996 to target federal resources to help with community policing. gun control, and prevention activi- ties. Will Congress Gllow through on this commitment? This will be an important chance to come together to make sure the commitment is real. The next' Congress will return to an unfinished environmental agenda -- Clean \Vater. Superfund. municipal flow con- trol authority, and Safe Drinking \Vater. Failure to act triggered EPA stormwater per- mit mandates on October 1. 1994 that could devastate local budgets and impose signifi- cant. new. unGnded liabili- ties, as well as subject cities and municipal officials to citi- zen suits. Congressional and EPA representatives will dis- cuss what these failures mean and what the agenda is to respond. For city leaders. it will be a time to demand answers about costs, bene- fits. and potential liabilities. In 1994, the Clinton administration urged Congress to enact federal legis- lation to create a federal information superhighway that would preempt municipal franchising authority and adversely affect local sales tax rev- enues and how cities communicate with citizens. The House over- whelmingly agreed. The Senate. after initially responding to local concerns, drafted its own version to eliminate any role for local governments. This year. the administration and tele- phone companies will try to pass fed- eral laws which could channel hun- dreds of billions of dollars of private. for-profit investment through munic- ipal rights-of-way in the construction of the information superhighwav. What do these changes portend'for municipal leaders? How will they reshape cities? Why did Congress refuse to listen to cities in 19047 How can city leaders be at the table this time? . -~/2 .' _ "7 The challenge of controlling the human and fiscal costs of welfare which are destroying families and strangling the budgets of state, feder- al. and local governments will be a central focus of the President and Congress in 1995. Congress will act on one of the major alternatives to revamp our national welfare system. But few in the Congress or the administration have carefully consid- ered the role or potential impact and consequences of their competing pro- posals on cities and towns. The con- ference provides a critical opportunity for municipal leaders to assess the proposals, to ensure that federal offi- cials arc forced to think about local consequences, and to communicate how various strategies will affect vour city's families and your city's budget. X lunicipal leaders need to stay informed so that concern for the unique and special role and responsi- bility of cities and towns is not lost in the national debate. lhe 1995 Congressional City Confer- ence is a call to action -- a first step in defining the r01e of local leaders in the national debates that begin when Congress con- venes. In 1995. the President and a new Con,ess will confront each other on issues of public safe~., taxes, budgets and deficits, unfunded mandates, welfare reform, and telecommunications issues that could change the face of cities. This meeting offers a unique opportunity to be there to help shape the fi those debates and the outcomes -- to be a p~ to making change benefit )'our community. It will require tough choices. But that's what lead- ership is all about. Bc there. Fridm .y ~4mrdllO 9:00 a.m.-5:00 p.m. Leadership Training Institute Seminars 4:30 p.m.-6:00 p.m. Orientation Session for First Time Attendees and Newly Elected Officials 9:00 a.m.- 5:00p.m. 9:00 a.m.- 5:00 p.m. 9:00 mm.- 5:00 p.m. 10:30 a.m,- Noon Noon - 2:00 p.m. 1:00 p.m.- 3:00 p.m. 3:15 p.m. - 5:15 p.m. NLC Board of Directors Meeting NLC Advisory Council Meeting Leadership Training Institute Seminars Policy Plenary Session Women in Municipal Government Luncheon Pohcy Committee Meetings 5r Community and Economic Development (CED) ~,' Finance, Administration and Intergovernmental Relations (FAIR) Policy Committee Meetings ~r Energy, EmSronment and Natural Resources (EENR) ~ Human Development (HI)) ~ Tram~rtation & Communications (T&C) ,: :.i:ij ~. ' ' ~,.~ ,.:.: ..... i 5:1~).m'- 6:30p.rm :4~ .Constituency and SpeCial Group Meetings ' Sunday 7:30 a.m.-9:00 a.m. 8:00 a.m.-9:30 a.m. 9:30 a.m.-l1:00 a.m. Noon- 1:30 p.m. 11:30 a.m.-12:45 p.m. 1:00p.m. - 2:00p.m. 2:15 p.m.4:00 p.m. 4:15 p.m.-6:OO p.ra. Celebrate Diversity Breakfast Steering Committee Meetings :~ CED -r FAIR Plenary Session on Pubhc SafeW Steering Committee Meetings ;' EENR :'? T&C Roundtable Networking and Delegates Lunch Action Agenda General Session Concurrent Workshops Constituency and Special Group Meetings uay" on 9:oo a.m.-lO:30 a.m. Plenary Session on Entitlements 10:45 a.m. - 11:45 a.m. General Session on Congressional Priorities ,*' ~C.2 ~,,~ Noon - i :15 p.m. Roundtable Networking and Delegates Lunch 1:30 p.m. - 2:30 p.m. General Session on The President's Priorities 2:45 p.m.- 4:30 p.m. Legislative Workshops 4:30 p.m.- 6:00 p.m. State Municipal League Briefings and -' ':-· . A ":,' : :' ':~ " &', ' Tuesdm Y Town Meetings on Capitol Hill with Congressional members, fol- lowed by Congressional appointments. Shuttle bus service will be provided from the Hilton Hotel to Capitol Hill. Consult your league director for scheduling congressional appointments, Event_. CELEBRATE DIVERSITY BRE,MiF,~ST Sunday, March 12 7 : Y) a.m.-9:00 a.m. Registration fee: $20 ($25 on-site) Delegates and guests at the Congressional City Conference are invited to "Celebrate Diversity in America's Cities and Towns" at the 12th annual breakfast sponsored by five NLC con- stituency ~0ups: Asian Pacific American Municipal Officials t APA.XlO!, Gay, Lesbian, and Bisexual Local Officials ~ GLBLO), Hispanic Elected Local Officials IHELO), National Black Caucus of Local Elected Officials (.NBC/LEO), and \Vomen in Municipal Government (WI.MG~. The breakfast will feature a guest speaker who will provide a perspective on issues facing local officials and America's crees and towns. FEBRUARY 10,1995 -- Deadline for advance registration and housing requests. All requests must be postmarked by this date. After this date. all delegates must register on-site at higher rates. FEBRU.~Y 10.1905 -- Deadline for cancel- lations. Cancellation letters must be post- marked by this date and are subject to a cancellation charge. There are no refunds for cancellations after this date. How to Regiq. er_ To register for the 1993 Congressional City Conference. fill out the registration form and return it with your check, eiB' purchase order, or credit card information to the XLC Conference Registration Center, postmarked by February 10, 1995. *;r Each delegate, guest, speaker, member of the press, and any other conference par- ticipant must register There is no charge for spouse~ youth, or press registrations. ~ No telephone registrations or cancellations will be accepted. '~ Payment (check, city purchase order or credit card) must be included with advance registrations. -R People unable to meet the Februa~' 10 deadline will have to register on-site at the meeting and make their own hotel reserva- tions. ~ Refunds will be made for cancellations received by February. 10. 1995, subject to a $50 cancellation charge. Cancellation letters must be postmarked by this date. No tele- phone cancellations will be accepted. No partial refunds will be made if you decide not to attend particular functions. Hotels If you need hotel accommodations. please check the appropriate box on thc registration form. NLC will not make a hotel reservation for you unless you have registered for tl~c conl~:rence. Rooms will be assigned on a first come, first served basis, All conference sessions will be held at thc \Vashington Hilton Hotcl / 25' A separate registration fee will be charged for these pre-conference seminars. Becguse of limited space for each of these sessions, registrations must be accepted on a space available basis. Please register early to avoid being closed out of the ses- sion you'd like to attend. The Leadership Training Institute is a resource center for assisting local offi- cials of all levels of experience in respond- lng to the complex challenges of commu- nity leadership. Its mission is to support and underscore the important role elected officials play in revitalizing our towns and cities and leading positive change. The 15 half-day and full-day semi- nars listed below have been designed to enhance participants' abilities to under- stand and effectively lead change and innovation within their communities. These seminars will be led bv skilled instructors and will provide l~articipants in-depth opportunities for exchanging ideas and strategies with both respected experts in their fields and their peers. I. LEADERS AS COALITION BUILDERS: PRACTICAL SKILLS FOR BUILDING COMMLLNITY .March 10 9:00 a.m. - $:00p. m. Registration Fee: $135 Coalition building does not come natural- Iy to most of us. Although we recognize the value of coalitions, most of us have been trained to advocate and win posi- tions, not to build bridges with those we disagree with or be~.veen angry or polar- ized groups. The purpose of this full-day highly interactive workshop is to provid~ local officials a set of skills and concepts for becoming community and organiza- tion coalition builders. Participants will learn to apply kev principles for trans- forming adversarial and conflict ridden associations into relationships of under- standing and respect. They will learn techniques for refraining issues, achieving [ommon g~'ound. ~nd creating trust with- in mistrusting environments. This semi- nar will be conducted bv Cheri Brown and Al Herring of the ~ational Coalition Building Institute (NCBI). For those who have attended one of the half-day NCBI seminars offered through the Leadership Training Institute previously, this semi- nar will offer an opportunity to further explore the application of NCBI's model for building coalitions. 11. MEETING LEADERSHIP .6.ND FACILITATION I March 10 9:00a.m - 5:00p. m. Registration Fee: $135 Meetings play a critical role in local gov- ernment decision making. They also pro- vide local officials with a rewarding opportunity for demonstrating competen- cy as facilitative leaders. This hands-on seminar will instruct local officials in practical, time-tested techniques for facili- tating effective meetings. By the end of this session, participants will have acquired the critical skills and information necessary to guide =m'oups through pro- ductive (vork~sessions and collaborative problem-solving activities. Techniques of brainstorming, prioritization conflict res- o ution, and team building will be cov- ered. A follow-up course, Meeting Leadership and Facilitation II will be offered on March 11 and agal~ during the Leadership Training Institute held prior to the Congress of Cities in December 1995. Ill. THE AMERICANS WITH DISABILITIES ACT: MANAGING YOUR CITY'S COSTS, BENEFITS, AND RESPONSIBILITIES March 10 9:00a.m. - 5:00p.m Registration Fee: S135 No matter their good intentions, many cities are facing lawsuits as well as un~lue costs and hardship as a result of the Americans With Disabilities Act IADAi. With the AD3.'s January 1995 compli- ance deadline rapidly approaching, under- stan(ting how [o corfiply with the ADA's requirements is more important than ever. This course will assist local officials in managing their options and opportunities in ADA compliance. Topics to be addressed include: why cities are being sued: how to prevent stilts; how to reduce construction and employment costs: how to mitigate complaints from the disability community; how to get needed answers ' from the Federal government. This semi- nar will bring together experts in the field ?f local government compliance, includ- ing nationally recognized representatives from the Department of Justice and other federal implementing agencies, the legal community, and disability rights commu- nit5.'. Through targeted lectures, case studies, and interactive group exercises. this session will help participants identig, solutions and strategies for addressing city and town compliance issues. IV. EFFECTIVE MEDIA RELATIONS: IvlANAGING YOUR MESSAGE WHEN IT MATTERS THE MOST March I0 9:00a.m. - Noon Registration Fee: $85 This seminar is about what to do when the media suddenly calls. It's also about .all the. many do's a~d dont's for handling interviews, responding to emergencies, seeking positive publicity, and building effective relationships with the press, the airways, and the communit-y at large. An ener~zed format which includes lectures, stories, videos, discussions, and audience participation will ensure that participants learn important media tips while also hav- ing a good time. Karen Kalish President ofKa sh Communications and formerly of AB~2/T\: ~nd CBS/TV, will lead th~s engaging seminar. V. REINVENTING YOUR LOC,M. GOVERNMENT'S BUDGETING PROCESS March 10 9:00 a.m.- Noon Registration Fee: $83 While once driven by numbers, line items, and previous allocations, budgeting for many cities is helping to drive the realignment and refocusing of govern- ment services. Instead of concentrating on historical data and incremental change, reinvented budgeting processes are evolv- ing to help cities and their decision mak- ers better address the needs and futures of their changing communities. This seminar ':,'ill look at ways in which a number of cities are con~rolling costs and increasing effectiveness by step- pin.g outside the box of traditional [3ud- getmg processes. In addition to outlinino how remvemed processes &ffer trom more traditional ones, this session will provide participants with an in-depth opportunity to focus on the following top- ics: the purpose and elements of mission and value driven budgeting: methods for establishing outcomes and allocating resources that cross departmental lines: ways in which budgeting can help cities connect better with the needs of their citi- zens/customers: and specific steps for implementation and on-going improve- ment. in addition to providing insights and lessons learned from cities across the country, this session will provide partici- pants with the opportunity to analyze ways for improving their own cities' bud- get~ng process. Presenters will include Bonnie Svrcek, Assistant Town Manager of Blacksburg, \:iroinia; Mary Bunting. Assistant to the Ci~, Manager of Hampton, \'irginia'as well as elected and appointed officials from other local gov- VI. FAMILY VIOLENCE: STOPPING THE CYCLE THAT BEGINS AT HOME March 10 9:00 a.m - Noon Registration Fee: $85 It starts in the home, but its impact upon entire communities is devastating. Family violence, once thought of as a pri- vate and solated matter, ma',' be the sin- gle greatest contributor to crlme and vio- lence in the United States. It may also be one of the most costly and complex issues facing local governments. With nearly three million children reported as abu~d or neglected in 1993, with 20 percent of adult women having experienced physical abuse by their parmers, cities and towns are recognizing the affect this violence is having on schools, police, neighborhoods, social sen'ice departments, and families and chil&en. This practical seminar will provide local officials with specific examples, models, strategies, and funding sources for addressing domestic violence within their communities. By featuring local officials, experts in the field of family health an_d criminal justice, and repri:sen- t~uves of community-based organiza- nons, this seminar will shed new light on and hope for tackling one oftbe most insidious forms of violence affecting chil- dren and families everywhere, In addition to demonstrating the tremendous impact that domestic violence is having on our cities and towns, this session will give par- ticipant? new approaches for leading and mppomng powerful community-based initiatives. VII. EXPLORING CHANGING ROLES FOR ELECTED OFFICLS. LS: A DIALOGUE ON LOCAL LEADERSHIP AND GOVERNANCE March Il) l:30p.m. - 5:00p. m. Registration Fee: $85 Local government has become a crucible for change and controversy. And, as a result, man)' elected offici;ils, caught in the upsurge of this change, find them- selves questioning their roles and respon- sibilities as elected leaders. This seminar will t}ature respected local leaders in open dialogue with each other on the roles, responsibilities, and challenges of elected officials during the 1990s. Designed to provide personal insights and perspc rarely covered in a seminar on lea& and governance, this seminar will issues and behaviors pertaining to: styles of leadership, strategies for bridging com- munity differences, ways for maintaining personal and political honor and fortitude, and opportunities ~br supporting positive change and innovation within communi- ties and local government organizations. This seminar will encourage questions and comments from participants. .Margaret King and Doug Brookman, partners of Brookman-King Collaborative Solutions, will facilitate the session. VIII, KEYS TO GREAT PUBLIC SPEAKING March 10 l:30p.m. . $:00p.m. Registration Fee: $85 A good speech is one of the most effective ways to deliver a message. In addition to selling ideas and creating credibility, it can serve as a powerful tool for connecting with constituents and building rapport. This fast-paced seminar will give you tips, tools, and practice in preparing and delivering effective public speeches. Designed to address the special needs of local officials, this seminar will help you: plan, open, and close your presentation; use stories, quotes, transitions, and bridges to give definition and texture to your message; use )'our pemonal style to ~,our advantage; manage the stress and uncertalnB, that come with standing in front of audiences. Taught by Karen Kalish, President of Kalish Communications, this information- packed seminar will provide an inval set of keys to public speaking. Sa da 2~ 21~ Cr?~ll ~ IX. SAFER CITIES: CREATIVE PROGtLq-MS FOR CONFRONTING VIOLENCE AND CRIME March 11 9:00a. m. - 5:00p.m. Registration Fee: $133 Larger police forces are one way to battle the crime problem. Fortunately for cities and towns, recent trends are suggesting that there are a number of other methods that not only reduce the prevalence of crime but, through cooperative partner- ships and appropriate intetwentions, pre- vent the underlying conditions that cause crime and violence to proliferate. This seminar wilt present state-of-the-art crim- inal justice initiatives that are making a real differance for communities. During this seminar, participants will learn specif- ic ways local governments are working with the courts, the police, the schools and thc community at-larze to successfully :onfront conditions o~ crime, in addit'~on, tbey wiiI explore how cities can best utilize thmr existing criminal justice resources and discuss the steps and issues for imple- z new kinds of programs and part- ~ This thought provoking seminar .'ide otfictals with practical and hie strategies for creating safer cities. voice even if it may be polarized and nega- tive. For local officials willing to respond to this call for change, willing to look beyond "us" and "them" and instead speak of "we," new ways for connecting with citizens are helping to refocus the nay-saying while strengthening the trust and effectiveness of local government. Using a stimulating, interactive approach, this session will provide partici- pants with effective and practical strategies for engaging citizens in public decision- making. Techniques for framing issues in a way that encourages positive input and participation, methods for determining and communicating what's negotiable and what's not. successful approaches for identifying and connecting with the "real" public, and specific communication prac- tices that facilitate and support meaning- ful exchange are just a few of the topics that will be discussed and explored. During the session, participants will have the opportumtT to examine the appropri- ate role of public hearings in collaborative decision-making and gain practice in designing next' kinds of public decision- making processes that can break barriers to effective citizen participation. Tweed Kczziah and Susan \Vatkins. principals of the firm of Kczziah\Vatkins. will lead this seminar. X. MEETING LEADERSHIP AND FACILITATION II March !1 o:ot)a.m. . 5:00p.m Registration Fee: This seminar will enhance local officials skills as meeting leaders and neutral facili- tators. Facilitation techniques will be taught in "real time" practice situations where participants facilitate groups through a variety of problem-solving, decision-making and consensus-building sessions. At the end of each practice ses- sion, participants will receive supportive feedback from the workshop participants and workshop leaders. As an extension of the course, "Meeting Leadership and Facilitation I" offered on March 10 and previously offered during other Leadership Training Institutes, this ses- sion is designed for those who have either attended this course or who have attended formal training in neutral facilitation skills. This course will be instructed by affiliates of Interaction Associates. XI. ENGAGING CITIZENS IN PUBLIC DECISION-MAKING March 11 9:00a.m. - 5:00p.m. Registration Fee: $135 The research confirms it -- citizens are not apathetic. While many believe they are unable to influence government deci- XII. BUILDING CREDIBILITY THROUGH CUSTOMER SERVICE March 11 ~:1)¢) a.m - Noon Registration Fcc: S85 If the business of governmemt is service, providing government service m a way that meets the needs and interests of the public is critical to a city's or town's per- ceived effectiveness. "Customer service," although sometimes wrongly touted as just another hd. is far more than treating citizens with respect and promptness. In its fullest and most powerful manifesta- tion, an effective customer service initia- tive can help elected officials realign their city's services around those activities that add value not cost to a local govern- ment's way of doing business. This seminar will provide partici- pants with practical steps for design- ing and maintaining an effective cus- tomer sen, ice program, tn addition to looking at ways for identiB,.'ing who the customer really is and what the role of the elected offi- cial is in providing customer service, this seminar will examine how to determine what citizens/customers really want, how to respond to their wants within a limited budget, and how to deal with angry, and hostile citizens when they believe their wants are not being appropri- ately met. Instructed by Kitty Clark, affil- iate of the University of Georgia's Carl Vinson Institute of Government, this seminar promises to provide an invaluable perspective and set of ideas for strength- ening the impact of local government ser- vice deliver,. X.III. GOVERNMENT PRODUCTIVITY MEASURES: PRIVATE SECTOR TOOLS FOR PUBLIC SECTOR PAY-OFF March 11 9:00 a.m. - Noon Registration Fee: $85 As more and more businesses are demon- strating the value of concentrated produc- tivity efforts, citizens are demanding that local governments pay attention. .\leasuring pedormance, restructuring ser- vice delivery systems, and infusing quality initiatives ir;.to'day-to-day operations are no longer just suited for private sector organizations. State-of-the-art productivi- ty tools are vital to the day-to-day busi- ness of local government. This seminar will present the latest and most effective practices for improving services and reducing waste in the day-to- day business of local government. Tools and strategies such as benchmarking, streamlining, program redesign, and con- tinuous improvement will be looked at in terms of their application to specific gov- ernment functions and activities. Led by William Gay, President of the Public Management Group, Vienna. Virginia, this information-packed session will fea- ture representatives of various local gov- ernments who have experience and suc- cess in using state-of-the-art productivity measures. XIV. NEIGHBORHOOD EMPOWERMENT: NEW THINKING AND STRATEGIES FOR BUILDING PARTNERSHIPS WITH THE COMiML2qlTY March 11 l:30p.m. - 5:00p.m. Registration Fee: $85 From Virginia Beach, Virginia to Long Beach, California, cities across the country are empowering citizens, supporting self- sufficiency, and rethinking government's role as "solver" and mediator of all public By supporting and nurturing strong neighborhood organizations, local governments of all sizes are redefining the nature of the rela- tionship between local govern- ment and their community. This powerful seminar will look at how and whv local governments are renegotiat- ing theist role with local neighborhoods. In addition to looking at the political, social and economic challenges of creating a strong network of citizens and communi- ty-based neighborhood organizations, this session will focus on the steps, acnvities and resources for building and supporting such a network from scratch. Local offi- cials from communities with established neighborhood organizations as well as those working to create and support brand new ones will focus on: their methods for creating effective neighborhood organiza- tions where none previously existed: their experiences and success in training citi- zens in leadership education and commu- nity mediation: their strategies for stimu- lat{ng and supporting committed neigh- borhood work groups that help revitalize local streets and housing: their successes in rebuilding a sense of trust and stewar- d~dship through meaningful citizen par- XV. LEADING AND NL~NAGING CI-L~.NGE IN THE 908: FINDING ANT) LEVERJ~GING YOUR 15 PERCENT March 11 1:30p. m. - 5:00p.m Registration Fee: $85 IMPORTANT! As a leader of change and innovation within your community, 5'our ability to understand and influence the dynamic nature of change may be crit- ical to vour success and survival as an elected official. Because change is not the linear, step-by-step process that we once thought it was, leading and managing in the 19O0s requires a framework and set of perspectix es that will support resiliency and innovation over rigidity and fear. This seminar will not only provide you with a context for understanding and deal- ing with the change around you, it will also provide a set of perspectives and strategies that will help you initiate change in a new way. Through presentations, video demonstrations, and small group exercises, this session will enable you to appreciate and apply the art and science of managing your 13 percent (your critical sphere of influence) and will send you off with a specific set of tasks for responding to and initiating change back home. Led by Dr. Linda Grant, expert in the field of managing change and organizational per- formance, this eye-opening seminar will provide an exciting and liberating context for creating hope and opportunity for the future of our cities. old barriers, looking for a /27 Please type or print Name Sex M F Title City or Organization .Mailing Address City State Zip. Telephone ( ). Farnily Members Attending, No registration fee required): Spouse Full Name Sex M F Child Age. Child Age. 1. ~_ This is my first Congressional CiD, Conference 2. _ I am newly elected to office. Check applicable Conference Registration fee and enter total fees in the right hand column: Admnce Regimmion I P_ostmarked by Februan' I0, 1995) _ S2q5 Direct Mem~>er Fee* $ = $2~15 Associate Member Fee* $ = S373 Indirect Y, lember Fee** $ _ S400 Other*** $ LEADERSHIP TRALN~G INSTITUTE SEMINARS ~ $133 Leaders as Coalition Builders $ = $133 Meeting Leadership I S _ S133 Americans with Disabilities Act $ ,_~ S 85 Effective Media Relations $ :~ S 85 Reinventing Your Budget Process _ S S5 Family Violence $ _ S,% Dialogue on Leadership and Governance S S 85 Keys to Great Public Speaking _ $I ;5 Safer Cities $ _ S133 Meeting Leadership II S _~ S133 Engaging Citizens in l)ecision-.X, laking S _ S,S3 Building Credibility: Customer Service S ~ S 85 Government Prodtictivity Measures $ ___ S,55 Neighborhood Empowerment S _ $,s3 Leading and Managing Change $ Si:ecial Event -- '~20 Sunday Celebrate Diversity Breakfast $. APAMO _ $11} Member Dues $ GLBLO _ $23 Activities Fee $ NBC-LEO ~ SSI) Activities Fee $ W'IMG _ $40 Saturday Luncheon $, ~ S33 Direct .~lcmber Dues S = $53 Supporting .Member Dues $. _ $4.'; Non-member Dues $. TOTAL $. '()n-sit¢:ecS343aiterFebruarslll~'4 ~On-~ae l~:e S423 ~ter February 10 1095 Ii parma N' &ecl make check paxable I'e[ :.q~: total amount of the c0nlerencc rcglstratlon t~t-s to: If pa?ma i-,, credit :ard. fill out thc / ]react C~rd Auth0nn 0n' ~on on 0 Canoe[at:on letters must be postmarked b:. Febmar3 l~ Hotel A(mmodations (~Please type or print) _ Please make my hotel reservation as indicated below. ~ I do not require hotel accommodations at any of the hotels listed below. ~ Please contact me regarding suite information. _ I prefer a nonsmoking room (assigned on a space available basis) To accommodate your special needs, e.g.. wheelchair accessible rooms, please contact the ~.onference Registration Center __ Special Housing Request: .*rrival Date / / Time Departure date ____/__ / --__ Time Room to be shared with: __ Charge my registration fee ~ ~}. _ (Visa or .MasterCard only> .~&,a _ Charge my hotel room deposit all major credit cards accepted~ Credit Card Company Card .Number Expiration Date Card Holder Signature Date. my hotd re~zr, ation ~ unders_tand that t,ne mght s r.>c:'n., zna. r,.,e ,~..iii be bilkd through this card if [ f;nho sho,a up ~or m5 am~ned kousmg en the cenftrmcd date unless i hax e zzncdled mx reserx ation xttth mc hotel at least 48 hou s n advance Hotel r0~m tTpe 'x ill be a~si~ned ba.~ea ca x 0ur postmark az: 5or¢i r~om a~ adabiIitv at the nme ~ 0ur rcque~ s ms marked CHOICE HOTEL SINGLE DOUBLE Dupont Plaza H0iel (:M $110 $126 Embassy Row Hotei (B~ -$135 $155 Embassy Suites Dowfit-own (Ci $130 $1-49- Hotel Sofitel I D~ $145 $145 .Marriott Courtyard ~ E) $110 $110 Radiss0nBarce~oHs~'t~l-' _.. (FI ___sirs. .'_$11} _ ~heraton City Cep. ter _ I~'~ .... $1_18 _ _ _ $11~ .... The Madison Hotel (H) $150 $150 The Normandv Hotel ;I) $99 $99 The St0uffer Mayflower Hptel [J) $159~ . $1 $9_ ' *'ashington Hi!.t_on H_qre) _ (K) ...... $135 .... $15.4~ ..... T_ower~ ............... $210~_ $23_0_____ All major cr~it cards are accepted at the abo~e holeis Ior room deposits and;or YOU MUST COMPLETE .'LN'D SIGN "CREDIT C.-LRD AUTHO- RIZATION'' SECTION MtOVE. All gox em. ment purc,haz, le orders, vnuchers and dauns must be subrmned to the approprale hotel FOUR WEEKS In approval bx thc hotel NLC Conference Registrahon P O i30x,508(~ Lock [~x Richmond \'~ :22~5 Ph0nc 70~ '~r MI '.*~ions ',till be held at the \Vashinglon Hilton Holel and GENERAL FUND Taxes Business Licenses Non -Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Charges to Other Departments TOTAL REVENUE FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND CITY OF MOUND BUDGET REVENUE REPORT NOV. 1994 Nov. 1994 YTD BUDGET REVENUE REVENUE 1,231,780 0 611,710 9,450 10 7,844 59,850 12,802 101,885 884,960 0 496,692 49,500 899 11,1 67 65,000 5,702 48,405 60,800 (20) 42,456 15,000 774 10,448 VARIANCE (62O,070) (1,606) 42,035 (388,268) (38,333) (16,595) (18,344) (4,552) 2~376,340 20~167 1 ~330,607 (1,045,733) 308,817 11,883 282,479 (26,338) 1 08,000 3,343 101,41 6 (6,584) 1,300,000 109,162 1,223,064 (76,936) 380,000 38,249 340,959 (39,041) 680,000 55,344 621,556 (58,444) 5,650 800 2,730 (2,920) 72,000 0 72,698 698 91.67% PERCENT RECEIVED 49.66% 83.01% 170.23% 56.13% 22.56% 74.47% 69.83% 69.65% 55.99% 91.47% 93.90% 94.08% 89.73% 91.41% 48.32% I OO.97% 12/15/94 rev94 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT Nov. 1994 91.67% GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Sum mer Recreation Contingencies Transfers Nov. 1994 BUDGET EXPENSE 63,130 2,000 1,380 1 80,330 11,320 48 35O 1 51.080 24 20O 81 500 795 240 5 400 157 850 397 520 1 02 860 136 620 33 930 40 000 134 240 YTD PERCENT EXPENSE VARIANCE EXPENDED 2,185 53,040 1 0,090 84.02% 0 0 2,000 0.00% 0 621 759 45.00% 13,136 157,904 22,426 87.56% 3,852 12,162 (842) 107.44% 46 50,229 (1,879) 103.89% 10,713 132,485 18,595 87.69% 661 17,105 7,095 70.68% 9,718 94,494 (12,994) 115.94% 59,044 683,044 112,196 85.89% 0 1,578 3,822 29.22% 9,856 129,037 28,813 81.75% 24,997 321,644 75,876 80.91% 7,853 95,279 7,581 92.63% 7,695 117,851 18,769 86.26% 0 0 33,930 0.00% 433 5,974 34,026 14.94% 10,027 110,294 23,946 82.16% GENERAL FUND TOTAL 2~366~950 160~216 1 ~982~741 384~209 83.77% Area Fire Service Fund 240,190 15,186 194,125 46,065 80.82% Recycling Fund 1 04,330 25,974 142,563 (38,233) 136.65% Liquor Fund 190,840 14,292 178,332 12,508 93.45% Water Fund 834,990 27,086 709,596 1 25,394 84.98% Sewer Fund 1,390,280 194,650 1,285,231 105,049 92.44% Cemetery Fund 5,240 20 3,180 2,060 60.69% Docks Fund 53,680 1,789 62,046 (8,366) 115.58% exp94 12/15/94 G.B. ~ Moody~ Investors Serwce 99 Church Street New York, NY 10007 December 22, 1994 Mr. Edward Shukle, Jr. city Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364-1687' RECEIVE3 3F_C 2 ? fog4 Dear Mr. Shukle: We wish to inform you that our Rating Committee has reviewed and confirmed the rating of ~ to the outstanding Mound, Minnesota General Obligation Bonds. In order that we may maintain this rating over the period of the loan, we will require current financial information and other updating information. We will appreciate your continued cooperation in the future. Should you have any questions regarding the above, please do not hesitate to contact Mark Taylor at (212) 553-1024. Sincerely yours, / ~ , /, / / . /'r .. ~"~ -' Executive Vice President Director Public Finance Department MST:cn League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 December 14, 1994 To: LMCIT agents From: Peter Tritz Re: LMCIT property/casualty dividend The 1994 LMCIT property/casualty dividend checks for the cities your agency represents are enclosed, along with a sheet showing the premium and loss figures used to calculate the city's dividend. We've also enclosed copies of a memo explaining how the dividend is calculated. We'd ask that you pass that memo on to the city officials as well when you deliver the dividend check to them. The LMCIT Board suggests that if possible you meet with the city council to discuss the dividend and to respond to any questions they might have. This can also be an opportunity to discuss other topics as well, such as recent LMCIT rate actions, coverage changes, perennial questions like whether to carry excess liability coverage, new coverage options like the bond coverage or the Open Meeting Law defense coverage, the services you provide in your role as the city's agent, and so on. We'd also like to hear about any suggestions city officials have for ways LMCIT can improve its service, new coverages or coverage options cities would like LMCIT to consider, and so on. We also very definitely want to hear about any problems the city officials have run into with LMCIT or any complaints about the service LMCIT is providing. If you have questions or need any other information, please don't hesitate to call me or Tom Grundhoefer here at the League offices. Remember, you no longer need the extra three-digit city code to use our 800 number -just dial 1-800-925-1122. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612) 490-15600 1-800-925-1122 plusyour citycode TDD,612) 490-9038 Fax 1612)490-0072 LEAGUE OF MINNESOTA CITIES INS~CE TRUST PROPERTY/CASUALTY 1994 DIVIDEND CALCULATION AT MAY 31,1994 R. L. YOUNGDAHL & ASSOCIATES lO261 YELLOW CIRCLE DRIVE MINNETONKA MN 55343 MOUND, CITY OF 5341 MAYWOOD ROAD MOUND MN 55364 GROSS EARNF. D PRFMIUM ADJUSTED LOSSES MF. MBERS DIVIDEND PERCENTAGE DIVIDEND AMOUNT 72O,lS7 174,729 .00315787080 25, 63 MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION DECEMBER 8, 1994 Present were: Commissioners Marilyn Byrnes, Peter Meyer, David Steinbring, Janis Geffre, Mary Goode, and Bill Darling, , Parks Director Jim Fackler, and Secretary Peggy James. Commissioners Schmidt and Casey were absent and excused. Council Representative Andrea Ahrens was absent. The following persons were also in attendance: Nancy Shaffett. MINUTES MOTION made by Meyer, seconded by Steinbring, to approve the Park and Open Space Commission Minutes of November 10, 1994 as written. Motion carried unanimously. AGENDA CHANGES The following items were added to the agenda: 5.A. Winterfest. §.B. Community Ed Task Force Update. 1995 PARK IMPROVEMENTR 1 ) EDGEWATER PARK The Parks Director explained that he has written a letter to Mrs. Christine Furlong asking for her input on improvements for the park. Fackler confirmed that the budget is to be approved by the Council on December 13th, and that $7,000 is still proposed for park improvements to this park. Janis Geffre noted that both her and Christine will work together on a plan for the park. Plantings and a sign were suggested. 2) DUNDEE PARK Jim Fackler, Parks Director, reviewed the proposed plan for improving Dundee Park. The plan includes: a new playground structure, tree plantings at the side property line, trimming of brush/trees on the slope, removal of the old house foundation, and minor grading. He has reviewed the plan with the three concerned neighbors who were present at the previous park meeting and they have no objections. MOTION made by Darling, seconded by Geffre to approve the plan for improvements at Dundee Park as proposed by staff. Motion carried unanimously. Fackler confirmed that these improvements are subject to the Council approving the budget on December 13th. Park and Open Space Commission December 8, 1994 GUIDLINES FOR PLANTINGS ON PUBLIC SHORELAND Commissioner Darling distributed copies of a revised "Guidelines for Allowing Plantings on Commons/Public Lands" to the Commission. Darling explained that he changed all the "shall's" to "should's", and the goal was changed as follows: From: TO MAINTAIN AND RESTORETHE NATURAL LOOK OF THE COMMONS BY THE USE OF MORE NATIVE VEGETATION To: TO MAINTAIN THE COMMONS IN A MANNER CONSISTENT WITH ITS INTENDED USE, IS ENVIRONMENTALLY FRIENDLY, AND BEST MEETS THE NEEDS OF ALL RESIDENTS. It was suggested that within the Goal, "Residents" be changed to "General Public." Fackler noted that where the term "Commons" is used, should be changed to "Public Shoreland." Darling also noted that the added "other than lawn grass" in a couple of areas, and he rearranged the order to have a more logical flow. MOTION made by Darling, seconded by Steinbring, to recommend approval of the Guidelines for Allowing Plantings on Public Shoreland, including the following amendments: changing throughout the term "Commons" to "Public Shoreland" and within the Goal "Residents" be changed to "General Public." Motion carried unanimously. The Parks Director stated that this will be forwarded to the City Council for review. PELICAN POINT PARK DEDICATION UPDATE Byrnes recognized the memorandum from the Parks Director which indicates that the Pelican Point park dedication fee of $124,000 is due to be submitted about May of 1995. Byrnes questioned if the Park and Open Space recommends how to use these funds. Darling questioned the original intent of the park dedication fund. The Parks Director stated that he will research the original intent. The Commission would like to discuss this issue again in February. WlNTERFEST Commissioner Darling informed the Commission that he has talked with Michael Mueller of the Westonka Lions and they are organizing a winterfest for January 14th and 15th. The activities will run from 10:00 a.m. to 4:00 p.m. each day. Darling will be helping with a diving demonstration. They are planning to have dog sled races with about 500 dogs. 2 Park and Open Space Commission December 8, 1994 COMMUNITY ED TASK FORCE UPDATF Marilyn Byrnes and Peter Meyer are on the Community Ed Task Force and reported that their purpose is to determine what should be done to the existing Community Center. Should the 1.9 million dollars be spent on renovations? or should they demolition the building and research other avenues for rebuilding a new Community Center? They will be reporting to the School Board on January 9th. The consensus of the task force is to demolish the building and re-build. They are hoping to have a cooperative effort between the school and the City. 1996 budget goals were discussed. The Commission scheduled a workshop for Tuesday, January 24, 1994 at 7:00 at City Hall. They requested the Secretary supply them with their list of budget goals from last year. PARK DIRECTOR'S REPORT Jim Fackler reported on the status of the skating rinks and noted that lights will not be provided for this rinks. DOCK INSPECTOR'S REPORT Tom McCaffrey noted that he is preparing the 1995 Dock License Applications for mailing at the end of the year. MOTION made by Goode, seconded by Darling to adjourn the Park and Open Space Commission Meeting at 8:17 p.m. Motion carried unanimously. 3 2415 Wilshire Blvd. Mound, Minnesota 55364 December 16, 1994 City of Shorewood 5755 Country Club Rd. Shorewood, MN Honored Mayor and Council Members: On behalf of the Mound Fire Department, I would like to express our delight with the three new dry fire hydrapts now in operation on Enchanted Island. You have done your constituents a ~reat service by improvin~ the fire protection for the residents of Enchanted and Shady Islands. I feel you have taken a leadership role that will serve as a prototype for other lake communities to follow. A special thanks should be ~iven Jerry Grewe for spearheadin~ this worthwhile project which he initiated with my predecessor, Chief Don Bryce. Thanks also to Jim Hurm and his staff and their "can-do" attitude. It was a pleasure workin~ with them throughout the project. Even though we hope we never have to use the hydrants to battle a house fire, there is great assurance in knowin~ the water supply exists to do the job efficiently. Stephen C. Erickson Chief, Mound Fire Department cc: Ed Shukle, Mound City ManagerA// GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 · Fax: 312/977-4806 December 23, 1994 RECEIVED Mr. Edward J. Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364-1687 Dear Mr. Shukle: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended December 31, 1993 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Gino Businaro, Finance Director. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1993 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION ~aut~h '~e~ Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 PERSONS PRESENT AT MEETING PLEASE PRINT YOUR NAME & ADDRESS PERSONS PRESENT AT MEETING. PLEASE PRINT YOUR NAME & ADDRESS 14. 15. 16. PERSONS PRESENT AT MEETING PLEASE PRINT YOUR NAME & ADDRESS a 10. 11. 12. 13. 14. 15. 16. TEL: 338-2625 Jan 13,95 15:20 I No .006 F.St P .02 Jnnum'~ I{), 1904 Oroil l';ownlnJ Cedar I)=&r Mr, Downlns~ I su~e~t that the Froject hns ehnnaed in s~ enbugh tu wuran~ anb~er environmentsl review, 'llmnk you. :. ~PLU~ TEL: 338-2625 Jan 13,95 15:20 No.006 P.03 'fO; i/nvironmonl.~! Qu~ll~y Board 300 Centom~M BoII~Ins 64~ C~r St, ~, Paul ~N SSi~S For t~¢lr Petition for ~ 1-*.nvlronmenta! AL~e~ssmant Worksheet,(~.AW), tim petitioners m~ ~ folloWE A. ~ Tosl Point ~ydop~nt FfoJo~t, located uast of Windsor ~nd D~mmond st Mound, ~. ~ B, ~~j~. Nell Wear'mild F~d B~c, Teal Point Developmonl ~,, cio S~l~w~r~r Architects, 3952 ~ulstmna'Avo. S,, Mi~n~a~lls, ~ SS426 '.. Bl:jd~~ol~~~~t~~ The proposed ~-Iot r~eldontial sidem by a '~deep wetlands nrem" eonncct~ to Lake Minnetonkn, ~e propos~ developm~t II also I~Kted will, Iff I "mhorcliod ~en" m~ defined by state l~w end ~ound C~y C~e. An'EAW hu already b~n zceomp~tsh~ for ~ts project but thc caw of Mound Supplemental Pl~nin~ gopo~ (dated hn~ry 5, 1995) so~g.ts that ~ain ehnnges In proJo~t could be mnd~ that nra now ~d tub~nti~l In I~ature. For example, tho ~po~ thtt tho City of Moun~ approve n v~rhnce ~to allow · ~per W~t Bridient on W~dsor Road. Thi~ Stceper Rr~dtont m~y result il~ ~reeter enter futK flowtn~ tm~o~, croslonE n~eots on ~,e dovclopment proJKt m~d ndja~nt M~nesote R~le 4410.1~ Subp. S ste~s, "if ~ct a neptivo dKl~don his been issued befo~ the pro~oscd pmjoct has ~ ill app~velS.or b~n lmplement~, ~u ROU determines that a substantial Chan~c hu b~n m~de In ~ho pr~sod ptoJKt that may t~o ~t~nt~ni ~or si~n~ficent idvotso environmental e~oots, a now EAW is At tho combined prmlimhmry end fi.al pint hoerin& the CI~ of M. out~d may d~lde to make other chaps ~p dm project without fuM~er notio~ to ~ edJolnin~ pr~rty o~ and th~ publi~' ~t large'. 'l~ts petition In~r~r~tfl ~11 olher e~empts to modify ~e proJ~t ~et m~y h~vo th~ ~0tcntie~ for slgniflc~t~t cnvlro~ellt~l ~l)oBAWpro~a~L NPL.U~ TEL: $38-2625 ]an 1~,95 15:20 No.006 P.04 I L N&MI~ (slgnatare) if -NPbUM TEL: 538-2625 ]an 15,95 15:20 No.O06 P.05