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1995-02-28 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, FEBRUARY 28, 1995, 7:30 P.M. CITY COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE FEBRUARY 14, 1995 REGULAR MEETING AND FEBRUARY 21, 1995 COMMITTEE OF THE WHOLE MEETING. PROCLAMATION- MARCH 13- 19, 1995- CAMP FIRE BIRTHDAY WEEK IN THE CITY OF MOUND PUBLIC HEARING: 1995 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. PUBLIC HEARING CASE//95-06: LAWRENCE C. SHAW, 5200 MAYWOOD ROAD, COMPONENTS SYSTEMS, INC. AND/OR LEEDS ELECTRONICS, INC., LOTS 16 & 17, BLOCK 2, SHIRLEY HILLS UNIT F, PID #13-117-24 43 0145. REQUEST: 1. CONDITIONAL USE PERMIT FOR WHOLESALE & ASSEMBLY OPERATIONS 2. VARIANCE FOR ENTRANCE STRUCTURE CASE//95-03: DANIEL C. STROT, 1466 EAGLE LANE, LOTS 3, 4 & 5, BLOCK 2, WOODLAND POINT, PID #12-117-24 43 0002. REQUEST: VARIANCE TO CONSTRUCT A DETACHED GARAGE .CASE//95-04: LANCE B. ANDERSON, 5220 LYNWOOD BLVD., P/LOTS 1 & 2, BLOCK 2, & P/LOTS 3 & 4, BLOCK 1, REARR. BLOCK 10, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK, PID #13-117-24 31 0070. PG. 530-539 PG. 540 PG. 541-555 PG. 556-590 PG. 591-608 527 REQUEST: VARIANCE TO CONSTRUCT A PORCH PG. 609-625 o CASE//95-05: STEVE & LAUREE FEGERS, 5001 SPARROW ROAD, LOTS 1-4, 9 & N. 11' OF 5, BLOCK 2, LINDEN HEIGHTS, PID # 13-117-24 13 0027. REQUEST: VARIANCE TO CONSTRUCT A DECK PRESENTATION OF 1994 DEPARTMENT HEAD ANNUAL REPORTS: JOEL KRUMM, LIQUOR STORE MANAGER JOHN MC KINLEY, ACTING POLICE CHIEF GINO BUSINARO, FINANCE DIRECTOR JON SUTHERLAND, BUILDING OFFICIAL PG. 626-641 PG. 642-645 PG. 646-676 PG. 677-693 PG. 694-707 10. 11. 12. 13. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. BID AWARD - VACALL - PUBLIC WORKS EQUIPMENT SET BID OPENING DATE FOR PURCHSE OF 1995 FIRE APPARATUS (SUGGESTED DATE: WEDNESDAY, MARCH 29, 1995 - 11 AM) RESOLUTION TO SUPPORT INDEPENDENT SCHOOL DISTRICT #277 AND OTHERS IN AN EFFORT TO STUDY THE CONSTRUCTION OF A NEW COMMUNITY CENTER FOR THE WESTONKA AREA AND ASSIST IN FUNDING A COMMUNITY SURVEY NOT TO EXCEED $1500. PG. 708 PG. 709 14. 15. PAYMENT OF BILLS. INFORMATIONAL/MISCELLANEOUS A. Financial Report for January 1995, as prepared by Gino Businaro, Finance Director. Minutes of the Planning Commission February 13, 1995. LMCD Mailings. Parks and Open Space Commission Minutes - February 9, 1995 Bo PG. 710-719 PG. 720-72 PG. 722-730 PG. 731-764 PG. 765-772 528 to Notice from Hennepin County re: A regional county mixed municipal solid waste hauler licensing program. PG. 773-775 529 Mound City Council February 14, 1995 MINUTES - MOUND CITY COUNCIL - FEBRUARY 14, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 14, 1995, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Pol~ton, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen, and Phyllis Jessen. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Public Works Superintendent Greg Skinner, Parks Director Jim Fackler, Fire Chief Steve Erickson, Acting Police Chief John McKinley and the following interested citizens: Joanne Bakke and Carl Glister. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was. recited. 1.0 MINUTES MOTION made by Jensen, seconded by Jessen to approve the Minutes of the January 24, 1995, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 PRESENTATION OF A PEDESTRIAN SAFETY AWARD FROM THE AMERICAN AUTOMOBILE ASSOCIATION (AAA) Joanne Bakke, representative from AAA, presented the City Council with a Pedestrian Safety Award for 1993. 1.2 PRESENTATION OF 1994 DEPARTMENT HEAD ANNUAL REPORTS The following Department Heads presented their 1994 annual reports to the City Council: Greg Skinner, Public Works Superintendent; Jim Fackler, Parks Director; Steve Erickson, Fire Chief; and Fran Clark, City Clerk. 1.3 APPOINTMENT OF ASSISTANT WEED INSPECTOR Ahrens moved and Hanus seconded the following resolution: RESOLUTION g95-20 RESOLUTION APPOINTING JIM FACKLER, PARK DIRECTOR, ASSISTANT WEED INSPECTOR The vote was unanimously in favor. Motion carried. Mound City Council February 14, 1995 1.4 RESOLUTION REQUF~TED BY OUR LADY OF THE LAKE CHURCH RE: "NO PARKING - DROP OFF ZONE" IN FRONT OF THE CHURCH, COMMERCF, BLVD, The City Manager explained that the church has requested this in order for Westonka Rides to accommodate persons they are assisting to access the church. The time would be 7:00 A.M. to Noon, Sundays only. Ahrens moved and Jessen seconded the following resolution: RESOLUTION g95-21 RESOLUTION TO ESTABLISH A "NO PARKING - DROP OFF ZONE" IN FRONT OF OUR LADY OF THE LAKE CATHOLIC CHURCH, 2385 COMMERCE BLVD. ON SUNDAYS FROM 7:00 A.M. TO NOON The vote was unanimously in favor. Motion carried. 1.5 APPOINTMENT TO PLANNING COMMIgSION FOR UNEXPIRED TERM OF MARK HANUS - TERM ENDING DECEMBER 31, 1996 The City Manager explained that the Planning Commission interviewed 2 excellent candidates on February 13, 1995. They were Mark Kjolhaug and Becky Glister. The Planning Commission recommended appointing Becky Glister. Ahrens moved and Jensen seconded the following resolution: RESOLUTION//95-22 RESOLUTION APPOINTING BECKY GLISTER TO THE PLANNING COMMISSION FOR THE UNEXPIRED TERM OF MARK HANUS - TERM EXPIRES DECEMBER 31, 1996 The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRFSENT. There were none. Mound City Council 1.6 SET PUBLIC HEARING February 14, 1995 MOTION made by Hanus, seconded .by Ahrens to set February 28, 1995, for a public hearing to consider the issuance of a Conditional Use Permit to allow two (2) "wholesale and assembly operations" in the B-1 Central Business District for Components System, Inc. And Leed Electronics, Inc. At 5200 Maywood Road. The vote was unanimously in favor. Motion carried.. 1.$~\ REQUEST TO USE MOUND BAY PARK FOR WEIGH-IN ONLY, MINNETONKA BASS CLUB, SATURDAY, JUNE 3, 1995 MOTION made by Jessen, seconded by Ahrens to approve a request by the Minnetonka Bass Club to use Mound Bay Park on Saturday, June 3, 1995, for a weigh-in only for their fishing tournament. The vote was unanimously in favor. Motion carried. 1.~0 LICENSE RENEWALS: GARBAGE & REFUSE HAULERS & CIGARETTE LICENSES MOTION made by Ahrens, seconded by Hanus to authorize the issuance of the following licenses contingents upon all required forms, insurance, etc. being submitted (License Period 3/1/95 to 2/28-96): Garbage & Refuse Hauler Cigarette Best Disposal Blackowiak & Son Randy's Sanitation Westonka Sanitation Woodland Sanitary Service American Legion Post//398 Brickley's Market Headliners Bar & Grill John'.s Variety & Pets Jubilee Foods Meyer's Service Mound Municipal Liquor PDQ Food Store//292 R & R Bait Shop SuperAmerica//4194 Thrifty White Drug//704 VFW Post//5113 The vote was unanimously in favor. Motion carried. Mound 1.0 City Council February 14, 1995 REOUE~T FOR A TEMPORARY ON-SALE NON-INTOXICATING MALT LIOUOR PERMIT FOR MARCH 4, 1995, OUR LADY OF THE LAKE CHURCH - CABARET MOTION made by Hanus, seconded by Jensen to authorize the issuance of a Temporary On-Sale Non-Intoxicating Malt Liquor Permit for March 4, 1995, to Our Lady of the Lake Church, 2385 Commerce Blvd., for their Cabaret. The vote was unanimously in favor. Motion carried. PAYME~ OF BILL8 MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $489,084.36, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATIONAL/MIgCELLANEOUS A. Department Head Monthly Reports for January 1995. B. LMCD Representative's Monthly Report for Jan .uary 1995. C. LMCD Mailings. D. Updated Preliminary Financial Report as prepared bY Gino Businaro, Finance Director. Agenda for Mayors Meeting with the LMCD - Meeting is scheduled for Friday, February 24, 1995, 7:30 A.M., Conference Room 135, Norwest Bank Building, Wayzata. Fe Invitation to attend annual "Save the Lake" Recognition Banquet scheduled for Thursday, February 23, 1995, at Lord Fletcher's. If you are interested in attending, please let Fran know ASAP. Final report on Lake Minnetonka Boat Density Survey conducted by Clear Air, Inc. of Wayzata. H. REMINDERS: Planning Commission interviews will .be held Monday, February 13, 1995, 7:30 P.M., City Hall. You should have received copies of the resumes of the candidates for the vacancy. Please. note City Council is invited to attend and .participate in the interviews. The Planning Commission will make a formal 4 Mound City Council February 14, 1995 recOmmendation to the Council following the interviews. This item is scheduled for this Agenda for official appointment. C.O.W., Tuesday, February 21, 1995, 7:30 P.M., City Hall. We have scheduled a number of items for discussion, one of which includes a review of the current policies and procedures relating to public lands permits, obstructions on commons, etc. Staff will review what has been done so far. We would ask that you refer to your Policies and Procedures Manuals which have been distributed previously. In addition, enclosed are memorandums dated February 7, 1995, from Councilmember Hanus which he asked be placed in this packet for your review and consideration prior to the COW Meeting related to this COW Agenda item. We just received notice from Congressman Jim Ramstad that our application for a grant for an additional police officer has been approved by the U.S. Department of Justice. The program is called COPS FAST. It has made available $75,000, the maximum available'per officer, over three years (or $25,000 per year) to hire an additional police officer. In the application, the City committed to offset the cost of that police officer (approximately $15,000-$20,000 each year). This funding became available under the Violent Crime Control and Law Enforcement Act of 1994 to speed the deployment of new officers devoted to community policing on the streets and rural routes in the nation. This application process was a much simplified one which reduced the amount of time and effort to actually file an application. Chief Len Harrell and Sergeants McKinley and Grand are to be congratulated for the grant application approval. MOTION made by Jessen, seconded by Jensen to adjourn at 9:00 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk MINUTES - COMMITTEE OF THE WHOLE MEETING - FEBRUARY 21, 1995 The meeting was called to order at 7:30 PM. Members present: Mayor Bob Polston, Councilmembers Hanus, Jensen and Ahrens. Absent and excused: Jessen. Also present: City Manager, Ed Shukle; Building Official, Jon Sutherland; Parks Director, Jim Fackler; Mike Looby, Director of Community Education and Services; Bert Haglund, TSP/EOS Architects; Doc Meier, Senior Citizens Representative to Community Center Task Force; Peter Meyer, Park and Open Space Commission and citizen representative to Community Center Task Force and Tom Casey, Parks and Open Space Commissioner. City Manager Ed Shukle introduced Mike Looby and Bert Haglund to discuss the findings and recommendations of the Westonka Community Center Task Force regarding the existing community center. Looby presented the concept of a new community center that would replace the existing community center. He indicated that the school board had established a task force: "The purpose of this committee 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." The task force was made up of persons representing the school district, the Hockey Association, cities of Mound and Minnetrista, the Westonka Senior Center, Westonka Community Action Network and other interested citizens. The task force reviewed and evaluated the existing community center and came up with different options that could be pursued. Upon review of these options, the task force recommended an option which included the demolition of the entire Westonka Community Center Building and the construction of a new community center building at the existing site. The existing Pond Arena would remain and be incorporated into a new community center facility. The facility would serve both the existing and new programs with a number of uses that were recreationally oriented. This option was reviewed by the school district board in early January of this year, and the school board's direction was to conduct a community survey which would determine the public support within the school district and area cities for such a community center facility. Should the survey indicate that there is little interest and support in such a facility, then the next option to be pursued would be to demolish a portion of the existing 1939 building and implement fire safety accessibility and maintenance improvements in the remainder of the existing building. It would also require remodeling to relocate existing programs from the 1939 building. It was emphasized by Looby and Haglund of TSP/EOS Architecture that the task force had evaluated the facility that currently exists and whether the $1.9 million ought to be spent on bringing this building up to fire safety and accessibility codes. The task force, by an 11 to 1 vote recommended that this was not a realistic option to pursue. Hence, the MINUTES - COMMITTEE OF THE WHOLE MEETING - FEBRUARY 21, 1995 new community center option became the number one option with the demolition of a portion of the existing 1939 building becoming a second option. Looby emphasized the need for a community survey and asked the City Council to spend up to $1500 for participation in the community survey. The City Council expressed an interest in developing the survey with the task force and others working with Decision Resources, Inc. Ltd., who is the professional research firm that would do the actual survey. Also discussed were financing options with regard to option number one. The City Council indicated that they would like to tour the existing facility and arrangements were going to be made with Mr. Looby with regard to taking tours of the facility prior to the next regular council meeting. This item will appear on the February 28, 1995 agenda as a request from the task force to have the City Council agree to spend up to $1500 to participate in the community survey. Ed Shukle, City Manager, Jim Fackler, Parks Director and Jon Sutherland, Building Official, reviewed the Public Lands Permit process for structures that are located on public lands and/or commons. The City Manager explained that over the last two years the City of Mound has taken an aggressive approach to dealing with obstructions on public lands. He emphasized that we require permits and that permits expire and then are up for renewal. In some instances, the City Council has directed that obstructions be removed from the public lands and/or commons. Fackler reviewed the various ordinances, City Code and resolutions that have dealt with the authority and responsibility of the City in administering a Public Lands Permit process. He also reviewed the structures and encroachments that have been inventoried by staff on the public lands and discussed the various methods by which the staff evaluates the structures and encroachments on these public lands. Sutherland also discussed the application of the Uniform Building Code as it applied to new stairways being proposed on the public lands. The decision flow chart was also reviewed in terms of how structures fit within the flow chart and whether they should be allowed or not allowed. Also discussed were recently approved permits and permits upcoming to be approved by the Council. The City Manager summarized the City's role and responsibility with regard to the Public Land Permit process and requested that if there were to be changes in the way that staff deals with this process, that now is a good time to look at the process and discuss any changes that might be made. Councilmember Mark Hanus asked to discuss his proposal with regard to not only the Public Lands Permit process, but also the overall program of the Commons Docks. He made two suggestions: 1) Place a moratorium on the adoption of any new policies or procedures relating to the Commons or Dock programs until the City Council can determine if it wishes to apply current policies or adopt changes. Also a moratorium on the current proactive commons inventory activities by staff would be in order until the Council determines if the current method is desired. 2) Form a task force to address both programs and make recommendations either to maintain the current 2 MINUTES - COMMITTEE OF THE WHOLE MEETING - FEBRUARY 21, 1995 programs or to offer potential changes. The City Council agreed not to go back and try to change the process that has been in place with regard to previous applications. However, they did ask that the discussion with regard to a moratorium be placed on the March 14, 1995 agenda for discussion. In the meantime, any applications that are currently in process will be dealt with under the existing process. Any applications that come prior to March 14th will be put on hold until there is a decision with regard to putting a moratorium on the Public Lands Permit process. With regard to the task force, the Council agreed that further discussion is necessary and that the Council discuss this matter at its next Committee of the Whole meeting; specifically, to deal with the creation of a task force as to membership, staffing, etc., as well as giving a clear cut direction to such a task force as it pertains to image, useability and use of the public lands and/or commons. The issue of ice skating rinks and the other current issues before the Parks and Open Space Commission was briefly discussed. The City Manager indicated that Carolyn Schmidt, Chair of the Parks and Open Space Commission had expressed an interest in discussing the ice skating rinks and other current issues with the City Council. Ms. Schmidt, however, had called late Tuesday afternoon and indicated that she would be unable to attend and perhaps one other member of the commission could attend and discuss this matter with the Council. City Manager briefly explained that due to the public interest in ice skating rinks; specifically, at Mound Bay Park there had been some interest by the Commission to establish a permanent ice skating rink at that location. The Commission has had a number of discussions with regard to this matter and believes that there ought to be money budgeted for this purpose in future years. A rink such as the one in Wayzata has been discussed with having a permanent warming house facility, toilets, etc. City Manager explained that if the Commission felt that strongly about a permanent type of ice skating rink, that they should develop a plan and have a comprehensive look at existing city property that could accommodate such a rink besides the lake area at Mound Bay Park. There had been some concerns from staff as it relates to maintenance, security, etc., relating to the Mound Bay Park lake area. Also concerns were expressed about what could be made as improvements to the Depot that would possibly prohibit a permanent warming house facility, due to certain ordinances and restrictions. Therefore, a comprehensive look needs to be taken at all of the existing city park property and/or school district property where such a facility might work to the overall city parks and recreation program. The City Council suggested that a survey through the city newsletter be conducted to determine the public's interest and what they would like to see with regard to outdoor skating rinks. The survey idea will be pursued with the Parks and Open Space Commission. No other comments were made by Peter Meyer or Tom Casey, who were present, from the Parks and Open Space Commission. 3 MINUTES - COMMITTEE OF THE WHOLE MEETING - FEBRUARY 21, 1995 Proposed guidelines for planting on commons and public lands was put on hold due to the discussion with regard to the moratorium and the task force relating to Public Lands and/or Commons. City Manager Ed Shukle requested that the Council discuss a site for the annual spring clean up day which is scheduled for Saturday, April 29, 1995. He explained that the City has now moved the public works materials from the Lost Lake property and the Lost Lake property is now open for development pursuant to the Mound Visions Program. He explained that the public's perception is that this site is now going to be used for commercial and/or park use and that perhaps we should look for a different site. Other sites mentioned were the parking lot along Auditor's Road, and the area behind the old Mound Bank. He cautioned, however, that both sites were limited in size compared to the Lost Lake area and probably would not accommodate all of the things that have been collected on the clean up day. The City Council discussed the matter and agreed that the Lost Lake site could be used on a temporary basis only with ':he understanding that the material collected would have to be removed right after the clean up day ended. Also discussed were possible compost sites within the City of Mound and Minnetrista. The city manager explained that the public works storage facility at Minnetrista that is now being jointly shared by Mound and Minnetrista, is limited in size for the use as a public works storage facility and a compost area. This matter was discussed and the city manager was asked to continue to pursue the issue working with Minnetrista on an appropriate site. Goal setting was continued until the next C.O.W. meeting. Other business discussed was the idea of bringing back the crosswalk at the House of Moy and taking a look at the existing crosswalk at the Pond Arena. This matter was presented by Mayor Bob Polston. He presented a document entitled, "Pedestrian Crosswalks in Downtown Mound, Minnesota" which had been prepared by Michael Durrell, an individual who has been interested in the re-instatement of the former crosswalk at the House of Moy. The Council discussed the matter in detail and at first glance Mayor Polston had recommended that the issue be brought to the February 28, 1995 agenda. Councilmember Jensen indicated that she will be absent from that meeting. Coun¢ilmember Jessen will also be absent and won't be returning from vacation until the Committee of the Whole meeting in April. Jensen explained that this matter received a great deal of attention, study, etc., and if the topic is going to be reopened for discussion, it should be discussed before a full Council. After considerable discussion regarding when it should be on a regular meeting agenda, the Council consensus was to bring the matter for discussion to the March 14, 1995 regular meeting. Mayor Polston asked that the city manager prepare a resolution for that meeting to ask Hennepin County to reinstate the crosswalk near the House of 4 MINUTES - COMMITTEE OF THE WHOLE MEETING - FEBRUARY 21, 1995 Moy Restaurant, approximately 10 - 20 feet easterly from where it existed previously, and also to have the County look at the number of crossings per day at the Pond Arena crosswalk. The city manager was asked to make copies of pertinent information from the city's crosswalk file which could be added to the material that was presented by Mayor Polston. {Please note that Mayor Polston contacted the city manager on Wednesday, February 22, 1995 and indicated that perhaps this matter ought to be placed on the agenda where all five councilmembers would be present. If this is the case, the Council could have it on the April 25, 1995 regular meeting agenda. It is scheduled for the March 14th meeting and the City Council may or may not discuss it at that time based upon Mayor Polston's call to the city manager on February 22nd.} There being no other business, it was noted that the next Committee of the Whole meeting is scheduled for Tuesday, March 21, 1995, at 7:30 pm. Upon motion by Jensen, seconded by Ahrens, and carried unanimously, the meeting was adjourned at 11:40 PM. .~ectfully submitted, Ed S~ City Manager ES:Is 5 Ii Proclamation WHEREAS, Camp Fire Boys and Girls, the national organization, will celebrate its 85th Birthday on March 17, 1995; and WHEREAS, the Minnesota Camp Fire Council in the City of Mound teach boys and girls self-reliance, good citizenship and leadership; and WHEREAS, through contemporary programs and by speaking out on issues affecting youth and their families, Camp Fire Boys and Girls helps youth cope with their changing world; and WHEREAS, in Camp Fire, the choices and opportunities are inclusive to boys and girls; and WHEREAS, Camp Fire Boys and Girls is commended for the valuable programs offered to young people in the City of Mound, State of Minnesota and throughout the nation, and for the many services these young people perform for their communities through Camp Fire; NOW, THE CITY COUNCIL OF THE CITY OF MOUND, hereby proclaims the week of MARCH 13 - 19, 1995 to be CAMP FIRE BIRTHDAY WEEK Mayor Bob Polston CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM February 23, 1995 TO: MA YOR AND CITY COUNCIL FROM: ED SHUKLE, CITY MANAGER SUBJECT: YEAR XX1 (1995J COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM On Tuesday, February 28, 1995, we will hold a public hearing at the regular city council meeting regarding the Year XXI Community Development Block Grant (CDBG) program. The total allocation for Year XXI (1995) is ~ 72,239. We have been informed by Hennepin County that the US Department of Housing and Urban Development total grant for 1995 is ¢3, 748,000. This represents a slight (2%) increase from the 1994 funding level We have received proposals, as in the past, from various organizations for the money to be allocated. I have reviewed these proposals and have recommended the following for Year XXI (1995): Rehabilitation of Private Property Westonka Senior Center- Operations Westonka Community Action Network (WECAN) Westonka Intervention Community Action for Suburban Hennepin (CASH) TOTAL ~29,539 25, 500 9,000 5, 700 2,500 ~ 72, 239 Attached are specific proposals w/th regard to these act/v/t/es. A/so attached is a resolution approving of those act/v/ties for the Year XX/ (1995). If you have any questions, please contact me. ES:Is printed on recycled paper February 28, 1995 RESOLUTION NO. 95 - RESOLUTION APPROVING THE PROJECTlZJ~ USE OF FUNDS FOR 1995 URBAN ltENNEPIN COUNTY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Mound, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Mound, Minnesota, has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it and held a public hearing on Tuesday, February 28, 1995, to obtain the views of citizens on local and Urban Hennepin County housing and community development needs, and the City's proposed use of $72,239 from the 1995 Urban Hennepin County Community Development Grant. BE IT RESOLVED, that the City Council of Mound, Minnesota approves the following projects for funding from the Urban Hennepin County Development Block Grant Program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 1995 Urban Hennepin County Community Block Grant Program Statement of Objectives and Projected Use of Funds. ACTIVITY BUDGET Senior Community Services Westonka Community Action Network (WECAN) Westonka Intervention Community Action for Suburban Hennepin (CASH) Rehabilitation of private property $25,500 $ 9,000 $ 5,700 $ 2,500 $29.539 TOTAL $72,239 NOTICE OF PUBLIC HEARING 1~)5 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM NOTICE is hereby given that the City of Mound in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on Tuesday, February 28, 1995, at 7:30 P.M. in the Mound City Council Chambers, 5341 Maywood Road, Mound, MN. The public hearing is on housing and community development needs and priorities of the City and Urban Hennepin County and the City's proposed use of the 1995 Urban Hennepin County Community Development Block Grant Program planning allocation of $72,239. In addition, during the July 1, 1995 to June 30, 1996 program year it is estimated that no additional or program income from locally funded CDBG activities will be available to the city. The City of Mound is proposing to undertake the following activities with 1995 Urban Hennepin County CDBG funds starting about July 1, 1995. Activity Budget Senior Community Services Westonka Community Action Network (WECAN) Westonka Intervention Community Action for Suburban Hennepin (CAS~ Rehabilitation of Private Property 25,500 9,000 5,700 2,500 29,539 Subsequent increases or decreases in the community planning allocation or the budget of any funded activity by the greater of $10,000 or 50 percent of the activity budget or change in activity location, beneficiary, or purpose is considered a substantial change and pursuant to Urban Hennepin County policy will be subject to the amendment process. For additional information on the priorities, proposed activities, level of funding, program performance, contact the City of Mound, at 472-0600 or the Hennepin County Office of Planning and Development 541-7080. The public heating is being held pursuant to MS 471.59. Publish in The Laker February 13, 1995. Franeene C. Clark, CMC City Clerk SENIOR COMMUNITY SERVICES 10709 Wayzata Boulevard, Suite 111, Minnetonka, MN 55305 541-1019 FAX 541-0841 BOARD of DIRECTORS Tom Tlcen President February 1, 1995 RECEIVEO i995 Daralyn Peifer 1st Vice President Marry Guritz 2nd Vice President Bob Zagaros Secretary Ryan Schroeder Treasurer Walter Leveaque Past President Bob Miller Member-at-Large Carla Pavone Member-at-Large .ucille Crow Dansky Robert DeGhetto Jim Fisher Alison Fuhr Tad Jude Leonard Kopp John Nelson Senator Gen Olson William G. Weiler John Young Benjamin F. Withhart Execu~'ve Director & C.E.O. A United Way Supported Agency Mayor Bob Polston and Council City o£ Mound 5341 Maywood Road Mound, MN 55364 Dear Mayor Polston and Coundl Members: Senior Community Services is requesting the City of Mound to allocate $25,500 for the 1995-'96 fiscal year from it's share of Community Development Block Grant (CDBG) Year XX_I (July 1, 1995 - June 30, 1996) funds to support Westonka senior programs and services. This would amount to an increase of 3.4% over our request of last year, the same percentage increase in CDBG funds that is due the City. A budget is attached including the amounts requested from the other titles. Senior programs and services include the operation of the Westonka Senior Center, coordination and operation of the Westonka Rides transportation program, and outreach and case management to frail elderly individuals in the community needing assistance. Senior Community Services strives, in all its programs, to help people remain independent in their respective communities for as long as possible. If there are any questions, or you would like to have our staff discuss any of our services, please let me know. On behalf of the many elderly who benefit, thank you for your support of the programs. We look forward to the continuing cooperation between the City of Mound and Senior Community Services. Benjamin F. Withhart Executive Director cc: Ed Shukle Jr., City Manager ~ ,ecvc/ed I)al~e, Senior Community Services - Westonka Senior Services 1995/96 Budget 1/31/95 ~EVENUES CENTER RIDES OUTREACH TOTAL City of Mound 12,750 12,7501 25,500 City of Spring Parl~ ............. 3,050 3,050i ............. 6,100 ' ' ' City of Minnetrista 3,275 3,2751 6,550 ..... __S__~!~tal (CDBG Requests) '38, i50 City of Orono 2,433 2,433! 5,485 10,351 Regional Tra .n...s.!!..Board .... 31,715i · 31,71 5 Title IIIB 12,930 12,930 Fares 8,000 8,000 .~F__w Contribution 3,500 3,500 Westonka Sr Fundraising 1,000 1,000 _~!_~_n_teers of America " 4,127 "4,127 Hennepin County 28,000 _ __ 28,000! .,Senior Community serVices . . 11,940 7,951 1,527 21,4181 (United Way, Contrib. Other) ¥'Q~A_~_ _ ' ........ 37,575 '" 86,604 35,012. 159,'191':i ............... EXPENSES ~nter_ Director (Sal + Fringe) 25,39'i" 8,464 ' '~!3,855; " Rides Coordinator (Sal + Fri.n,.g..e) il '21,007 ............ 21,007 ?u_t_r_e~__S_t~ff~(Sal + Fringe) i. 24,232 24,232 Drivers (Sal + Fringe) ~. 27,808 27,808 Food Handlers (Sal + Fringe) 3'061 ............................................. 3,061 Office Support (Sal + Fringe) 5,826 5,826 Advertising/Marketing 917 850 9431 2,710 Prof Fees 983 600 424 2,007 Office Supplies ... 436 ... 400 ..... 340 ,1,176 . . Office Rent 797 400 1,448 2,645 Phone 204 ........... i','i 001 1,118 2,422 Mileage & Training 488 500 374 1,362 ___A__d__m_!_n__ ......................... 2,3191 5,397i 2~997 10,713 ............ Fuel 3,722 3,722 Other Vehicle Costs 650 650 DepreciatiOn ..... 1 1,4.3..8. i...- ......... ii---~;;~3-i ...................... ~-;-~-~-~ ................. 4,735 Mileage Reimb for Volunteers 960 960 Leases & Rentals 43i 250 .................. ;~;t- -- 367 Insurance 1,406i 4,520i 1,606 7,532 Registration/Permi.ts 150 150 TOTAL 37,575! 86,604i 35,012 159,191 RECEIVED Westonka Community Action Network · Emergency Assistance · Meals on Wheels · Human Services · Job Development & Placement 5600 Lynwood Blvd. Mound, MN 55364 (612) 472-0742 (612) 472-5589 (FAX) SERVICE AREA Greenfield Mound Independence Rocldord Loretto St. Bonifacius Maple Plain Spring Park Minnetonka Beach Tonka Bay Minnetrista Western Orono BOARD OF DIRECTORS Craig Andemon St. 8on/-Minnetrista Police Chief Larry Bailey Director of West Hennepin Public Safety Mary DeVinney Westonka Foodshelf Coordinator Rosemarie Febrega-Snyder , Volunteer :~m Gamble Local Businessman Jeanne Gelinas Community Volunteer Mary Hahn Mound Medical Clinic Director Steve Harpeatad Community Volunteer Lan Harrell Mound Poi/ce Chief Margaret Holate School Social Worker Mary Hurley Adult Basic Education Program Mg~ Phyllis Jesaen Mound City Council Marvin Johnson Mayor of Independence Bandy Olatad Parish Nm'se Sharon McMenamy-Cook Norwest Bank Vice President Richard Bchteffer Local Attorney Bandy Stmar Head Start Manager Fr. Michael Tegeder Pastor, Our Lady of the Lake Church Bob Tomalka Community Volunteer Karen Walters Community Volunteer Mardi Watt Westonka Chamber-Ada. Asst. ~,DMINISTRATION Sonnen Executive Director Marlia Haines Administrative Assistant Rick Polanski Jobs & Business Development Linde Roberds Employment Specialist & Career Counselor February 9, 1995 Mayor and Councilmembers of Mound 5341Maywood Road Mound, MN 55364 Dear Mayor and Councilmembers of Mound, WeCAN requests that the City of Mound renew your allocation to us of $9,000 from Community Development Block Grant Year XXI funds. We thank you again for your support of $8,000 from last year's CDBG funds - you are an important reason for the successes WeCAN achieved in 1994! WeCAN is a community-based human service organization, dedicated to helping people achieve greater self-sufficiency and family stability. WeCAN provides a wide variety of services to low-income residents in western Hennepin County. WeCAN served 1,351 households in 1994 - 39 more than we served in 1993. Fifty-seven percent of the households served in 1994 were residents of Mound. Last year 557 households in Mound were served: * 98 families received $22,988 in emergency assistance; * 121 seniors received 5,048 home-delivered meals on wheels; * 28 people received job and training counseling; * 53 seniors and young parents participated in our food and nutrition program; * 57 families received budget counseling; * 19 families received help through our new Birthday Shelf; * 7 households received free quilts or blankets; * 12 households received book bags and school supplies; * 51 households received 188 hours of family and individual counseling at the WeCAN office; and * 111 households received public assistance application services. This year WeCAN began a Job Development & Placement Program. It is off to a successful start! WeCAN began this program Nov. l, 1994. In the first two months of the program, we counseled 40 people, placing 15 in either jobs or in employment readiness training. We also contacted 25 area employers and received 71 job listings from them for jobs paying from $5 to $16 per hour. Funded by the McKnight ~ Foundation, Norwest Banks, 1st Bank of the Lakes and other local contributions, the program provides comprehensive employment and training services. Linda Roberds, Employment Specialist with Employment Action Center, works with the unemployed to help them find jobs. In addition, Rick Polanski, independent contractor, works with area businesses to list their new jobs with our program. We are using HIRED's JobLink computer services which lists 150 new jobs each day. A Boardmember and I will be at your February 28 CDBG public hearing to make a short presentation about our request. Enclosed is additional information about WeCAN and our services, but please call me at 472-0742 if you have any questions or concerns in the meantime. Sincerely, Kiki Sonnen WeCAN Executive Director enc. 1994 WeCAN SERVICES & PROGRAMS DELIVERED TO OUR COMMUNITY WeCAN's programs and services benefitted 1,351 low-income families in 1994. This was 39 more than the previous year. WeCAN provides a variety of services to residents of Greenfield, Independence, Loretto, Maple Plain, Minnetonka Beach, Minnetrista, Mound, western Orono, Rockford, Spring Park, St. Bonifacius and Tonka Bay. Emergency assistance: $35,736 in vouchers issued to 166 families in need or crisis in 1994. In the previous year, $40,196 was-used to help 189 families. We attribute this decline to the improved economy in 1994. Meals-On-Wheels' 12,404 hot, nutritious meals were delivered to 283 households in 1994. This was a 19% increase over the 10,044 meals delivered in 1993! JoB development & placement: WeCAN began this program Nov. 1, 1994. In the first two months of the program, we counseled 40 people, placing 18 in either jobs or in employment readiness training. We also contacted 25 area employers and received ?1 job listings from them for jobs paying from $5 ti: $16 per hour. ~ood & Nutrition Education: ?4 seniors and young parents participated in hands-on cooking and nutrition classes in 1994, compared to 94 participant~ in 1993. Financial & Budget Counseling services provided to 93 households in 1994, compared to 94 in 1993~. Supportive Programs began in 1994. Thirty-one households were helped by our Birthday Shelf -- a program where low-inc~me parents can receive a birthday supply kit and a present in order to honor a child's birthday. Our Stay Warm ProgrP. m distributed blankets or quilts to 11 households in 1054. Our Ready to Learn Program distributed school supplies and book bags to 17 households in 1994. Planning for Affordable Housing continued in 1994 with WeCAN working with representatives from six cities to review housing needs and housing resources and ways to bridge the gap between them. Public Assistance application services provided to 201 households in 1994 by Hennepin County outreach workers at our office - compared to 259 in 1993. 'Family & Individual Counseling provided in 1994 to 60 households by counselors from Pyramid Mental Health Center and RELATE Counseling at our office. This compares to 54 households served in 1993. Information & Referrals WeCAN served an additional 375 households with information and referrals made to other helpful agencies, including energy assistance through Suburban Alliance, emergency food through the Westonka Food Shelf, and clothing through Pennywise Clothin~ Shop. TOTAL HOUSEHOLDS SERVED IN 1994: 1,351 RECEi'v'ED £ 1 FEBRUARY 15, 1995 TO: CITY OF MOUND RE: BLOCK GRANT FUNDING AMOUNT: $6,000.00 Recent changes in state statutes on domestic assault and abuse necessitates your police department to develop a policy that will: 1) meet state law; 2) provide for uniform handling and reporting of domestic abuse and assault cases, which should include a copy of all such cases be faxed to Westonka Intervention; 3) dispose of cases in a way that will keep them from reoccurring; 4) provide a body of language that can be modified to meet specific changes in existing laws. As the law states, each city must align itself with a project for handling domestic assault and abuse cases within their city. Research has demonstrated that arrest and incarceration coupled with intervention was the most effective way of dealing with domestic abuse and assault cases. As in the past, Westonka Intervention will continue to assist your police department to provide the vehicle in which to handle those domestic abuse and assault cases. Although 440 clients have been served though Westonka Intervention, it must be remembered when reviewing these statistics that ongoing support is a very necessary part of the program and advocates may work with victims for several months. At present Westonka Intervention has 438 files a large percentage of which remain open and active. With this support, our clients are changing their situation and are living healthier lives. Working with local police departments, Westonka Intervention Project, Inc. serves the communities of Mound, Minnetrista, St. Bonifacius, Orono, Long Lake, Minnetonka Beach, Spring Park, Maple Plain, and Independence. In the coming year we will be expanding to serve the remainder of the Lake Minnetonka Community. This community based non-profit organization has been in existence since November of 1985 and consists ora board of thirteen members and seventeen volunteers. This request for CDBG Block Grant of $6,000.00 is made so that Westonka Intervention Project can not only continue serve the above mentioned cities, but with the hopeful approval of a shelter in Orono, can expand to serve the entire Lake Minnetonka Community. Sincerely yours,,,~. /~, Valerie J. Hessburg, tgxecutive Director 472-214! o PO. BO;'~ 34 ~, MOUND. MINNESOTA 55364 Community Acfion for Suburban Hennepin Mr. Ed Schukle City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RECEIVED FEB 6 1995 February 2, 1995 Dear Mr. Schukle: This letter is to request funding in the amount of $2,500 from the city's Community Development Block Grant program for 1995-96. Funds will be used to support HOME Line, the housing services program of Community Action for Suburban Hennepin (CASH). Since I wrote to you last year, HOME Line has added a new service, Home Buyer Education and Counseling. It offers a three-session education workshop open to the public (an announcement of up-coming workshops is enclosed) and free individual counseling to income-eligible families. We also have limited funds to help lower income buyers with their downpayment and the cost of a physical inspection of the property. HOME Line continues to operate four other housing programs for Iow and moderate income homeowners and renters: 1 ) a tenant "hotline" to assist tenants with rental housing problems; 2) tenant organizing assistance to educate and train Iow income tenants to work together to solve common problems in a given complex; 3) a mortgage foreclosure prevention program to provide personal, technical, and financial help to homeowners facing foreclosure due to circumstances beyond their control; and 4) free legal help and financial assistance for families with children facing eviction. Another activity of ours is a class for high school students on the basics of being a renter. Several presentations have been made to students at Mound-Westonka High School. These programs are described in more detail in the HOME Line Program Description enclosed. We appreciate your willingness to consider our request for support. If you have questions or need additional information, please feel free to contact Charlie Warner, our Housing Programs Director, at 933-9639. Sincerely, Executive Director Enclosures as noted lOth Avenue S., Suite 150, Hopkins, MN55343 · (612) 933-9639 · Fax 933-8016 '~ ~ Communi Acf on for Suburban Hennepin Home Buyer Information AYailable Trainings scheduled in suburban Hennepin County For immediate release: Contact: Melissa Hansen, 933-9685 January 31, 1995 or Maxine Timm, 933-1993 Low and moderate income people who live in suburban Hennepin County can get help in buying a home through a new Home Buyer Counseling program at Community Action for Suburban Hennepin (CASH). The counseling program offers education, individual counseling, access to Iow-interest loans, and down payment and closing cost assistance for Iow- and moderate-income families. Prospective home buyers are invited to attend a three-part workshop where they can learn more about buying and maintaining a home, how to prepare for a mortgage application, and how to identify and overcome barriers to home ownership. Workshops are scheduled for Crystal, Bloomington, St. Louis Park, Brooklyn Center and Hopkins. Crystal: Bloomi~n~on: St. Louis Park: Brooklyn Center: Ho-pkim: Home Buyer Workshop Schedule Crystal Community Center, 4800 Douglas Drive North 3 Saturdays from 10:00 AaM - 12:30 PM, February 1 I, 18, 25, 1995 Creekside Community Center, 9801 Penn Avenue South 3 Tuesdays from 7:00 PM - 9:30 PM, March 7, 14, 21, 1995 St. Louis Park Junior High School, 2025 Texas Avenue 3 Tuesdays from 7:00 PM- 9:30 PM, April 4, I1, 18, 1995 Shingle Creek Regional Library, 6125 Shingle Creek Parkway 3 Thursdays from 7:00 - 9:30 PM, May I l, 18, 25, 1995 . Hopkins City Hall, 1010 First Street South 3 Thursdays from 7:00 - 9:30 PM, June 8, 15, 22, 1995 You must register to attend the workshops. Please call the Home Buyer Counseling - more - 33 lOth Avenue S.. Suite 150. Hopkins, MN55343 · (612)933-9639 · Fax 933-8016 Community Action for Suburban Hennepin HOME Line Renters' "Hotline" Information on calls during the years 1992-1994 from Mound 50 45 4O 35 30 25 20 15 10 5 0 Mound Number of calls by year 1992 1993 1994 Over the past three years, calls from Mound have increased each year. During this period, a total of 99 Mound renters have contacted HOME Line. This represents service to approximately 250 residents when all family members are counted. Mound Callers' Incomes (1992-1994)  Low 70.8% Moderate 27.1% Higher 2.1% A vast majority (98%) of Mound callers to HOME Line are Iow and moderate income. These income categories are those used by the U.S. Department of HUD: Low = incomes below 50% of the Metro median income; Moderate = incomes between 50 and 80% of the Metro median; Higher = incomes above 80% of the Metro median. Mound Frequency of selected problems - (1.992-1994) HOME Line records information on each call received, including the problems callers describe. Shown here are the frequencies of Mound callers' complaints about five problems which HOME Line believes are of primary importance to city policy-makers. 2tion Intrusion Discrimination Heat Repairs 33 lOth Avenue S., Suite 150, Hopkins, MN55343 · (612) 933-9639 ° Fax 933-8016 Community Action for Suburban Hennepin HOME Line's Foreclosure Prevention Program HOME mc Otvnersh ip Pro~qran~s Data for the Number of Households Served Number of Residents Served City of Mound 1993 1 c)c,)4 6 l? 19 57 Total 23 76 I Low - Below 50% of Median Income [] Moderate - 50% to 80% of Median Income [] Upper - Over 80% of Median Income 1 Families with Children [] Single Parent Families [] Adults Only [] Seniors .'3.3 lOth Al'czrItl¢ .S., .Stlitc I50, Hopkins, fVlN 55343 · (612) 933-1993 · F'~l.v 9.3_3-8016 Page ~2 1993 & 1994 Mound Data 1 Unemployment/Reduction in Income [~ Health/Health Care Costs [] Divorce/Separation D Money Mismanagement [] Not Affordable I~ Other Foreclosure was averted in 85% of the cases. 16 homes were saved. A total of $2,953 in financial assistance was obtained for Mound homeowners. I 1 6 Homes Saved [~ 1 Home Sold [] 3 Foreclosures Community for Suburban Hennepin Horn Buyer Information Av il hl Trainings scheduled in suburban Hennepin County For immediate release: Contact: January 31, 1995 Melissa Hansen, 933-9685 or Maxine Timm, 933-1993 Low and moderate income people who live in suburban Hennepin County can get help in buying a home through a new Home Buyer Counseling program at Community Action for Suburban Hennepin (CASH). The counseling program offers education, individual counseling, access to Iow-interest loans, and down payment and closing cost assistance for Iow- and moderate-income families. Prospective home buyers are invited to attend a three-part workshop where they can learn more about buying and maintaining a home, how to prepare for a mortgage application, and how to identify and overcome barders to home ownership. Workshops are scheduled for Crystal, Bloomington, St. Louis Park, Brooklyn Center and Hopkins. Home Buyer Workshop Schedule Crystal: Crystal Community Center, 4800 Douglas Drive North 3 Saturdays from I0:00 AM - 12:30 PN~ February 11, 18, 25, 1995 Bloomington: Creekside CommunJW Center, 9801 Penn Avenue South 3 Tuesdays from 7:00 PM- 9:30 PM, March 7, 14, 21, 1995 St. Louis Park: St. Louis Park Junior High School, 2025 Texas Avenue 3 Tuesdays from 7:00 PM - 9:30 PM, April 4, 11, 18, 1995 Brooklyn Center: Shingle Creek Regional Library, 6125 Shingle Creek Parkway 3 Thursdays from 7:00 - 9:30 PM, May 11, 18, 25, 1995 Hopkins: . Hopkins City Hall, I0 I0 First Street South 3 Thursdays from 7:00 - 9:30 PM, June 8, 15, 22, 1995 You must register to attend the workshops. Please call the Home Buyer Counseling - more - 33 lOth Avenue S.. Suite 150. Hopkins, MN55343 · (512) 933-9639 · Fa.~ 933-8016 Program at 933-9685 for more information. The Home Buyer Counseling Program is part of CASH's HOME Line Housing Services. HOME Line also operates a tenant hotline, helps tenants facing possible eviction, and assists homeowners facing foreclosure. HOME Line is a program of Community Action for Suburban Hennepin, a private non-proffi agency that serves Iow- and moderate-income residents of suburban Hennepin County. Communil Action for Suburban Hennepin HOME Line is the name given to CASH's set of housing services that operate in suburban Hennepin County. HOME Line has programs for both renters and homeowners. HOME Line's Programs for Renters Tenant Advocacy (started in January 1992) - We offer a free call-in or walk-in service providing information and advice on Minnesota tenant/landlord law and on Hennepin County court procedures. The tenant advocacy program operates primarily via a telephone "hotline" sta[fed by volunteers recruited from area law schools and the suburban community. Detailed records of each call are kept on a computerized database. The tenant advocacy program handles approximately 3,000 to 4,000 cases per year; over 90% are Iow or moderate income households. .Tenant Organizing (May 1992) - Our tenant organizers assist groups of tenants with common problems in a given complex. These problems tend to be maintenance/repair related or instances of management abuses. Organizing situations often come to our attention through hotline calls. The organizing program publishes a quarterly newsletter distributed to approximately 2,000 suburban Hennepin renters, public officials, and social service agencies. ~ (September 1993) - HOME Line offers free legal representation to families with children who are facing eviction from rental quarters. Services are provided by an attorney in private practice under contract to CASH. The program is funded by and is a part of Hennepin County's "Family Homelessness Prevention and Assistance Program." Income-eligible families may also receive emergency, one-time loans from CASH's own revolving loan fund. Approximately 150 households are assisted per year, most are residents of Minneapolis's northwest suburbs. Renter Education for High-schooler~ (March 1993) - We have developed a one-session program on the "basics of renting" for young people who will be entering the rental market for the first time on their own. Instruction covers inspection before move-in, getting repairs made, potential problems in roommate situations, and the responsibilities of renters. This class has been presented nearly 40 times in over a dozen schools; well over 1,000 students have participated. HOME Line's Programs for Homeowners Mortgage Foreclosure Prevention (August 1992) - This is a free service designed to assist homeowners facing the loss of their homes due to foreclosure. Assistance includes budget counseling, referrals to social services and financial resources, advocacy with lenders, and help with refinances. Income-eligible homeowners may also get an emergency one-time loan from CASH's own revolving loan fund. These loans are without interest and are due on sale of the home 33 lOth Avenue S., Suite 150, Hopkins, MN55345 · (612) 933-9639 · Fax 933-8016 or when it no longer is used as the homeowners residence. HOME Line's Mortgage Foreclosure Prevention Program is one of eight selected statewide by the Minnesota Housing Finance Agency to administer its Emergency Mortgage and Rental Assistance Program (EMRAP). Since beginning operations, this program has worked with over 800 homeowners and has tallied a 70% success rate in saving people's homes. A majority, about 60%, of the homeowners served were of Iow income; another 30% were moderate income. Homeowner Education and Counseling (August 1994) -This is HOME Line's newest program; it is designed to expand homeownership opportunities in suburban Hennepin County, particularly for lower income and minority households. This is accomplished through educational seminars on the home buying process that are open to the public and individualized counseling to lower income buyers who may need help overcoming barriers to homeownership. These barriers might include no credit history--or a bad one, lack of enough money for the downpayment and closing costs, or poor budgeting of personal income. We offer buyers information on every detail of the home buying process. For income-eligible buyers, we also have limited financial assistance to help pay for a qualified inspection of the home and to ease the downpayment burden. The program works closely with area Realtors, lenders, and local governments to assure home buyers get accurate and current information. CASH, standing for Community Action for Suburban Hennepin, is the "anti-r. overty agency" serving Iow income people throughout suburban Hennepin County. CASH is a private, non- profit, tax-exempt corporation; it has been in business since 1985. In addition to its HOME Line housing programs, CASH operates Crisis Intervention and Community Education programs. We are funded primarily with state and federal grants passed through the Minnesota Department of Economic Security (formerly the Department of Jobs and Training). Additional funding is provided by Hennepin County, the Minnesota Housing Finance Agency (MHFA), the National Corporation for Community Service, the Fannie Mae Foundation, and several suburban Hennepin municipalities. HOME Line Operating Budget 1995 Salaries Fringe benefits (@ 20% of salaries) subtotal PERSONNEL Accounting fees Audit Other professional services subtotal PROFFESSIONAL SERVICES Mileage/Parking Training subtotal TRAVEL Rent Utilities (included in rent) subtotal SPACE Postage Printing & Copying Supplies Publications & subscriptions subtotal SUPPLIES Equipment & Furnishings Maintenance/repairs Software subtotal EQUIPMENT Insurance Advertising Telephone (incl. LD) Other dues Meeting support Volunteer recognition subtotal OTHER COSTS Entry cost grants Inspection fee grants subtotal HOME BUYER GRANTS PROGRAM TOTAL SOURCESofFUNDS CDBG (1994-95)* EMP, AP/MHFA Fannie Mae Foundation Community Service Block Grant (CSBG) TOTAL SOURCES $192,8501~ 34,77 7 q '~' 227,621 5,200 4,500 3,000 12,700 6,600 6,000 12,600 26,000 0 26,000 5,225 6,050 5,300 2,375 18,950 2,300 75 0 2,375 2,275 2,200 7,080 2,150 2,500 1,000 17,205 5,250 3,750 29,200 12,000 5,000 271,300 $317,500 *CDBG Funding (94-95) Champlin - $1,500 Eden Prairie - $3,000 Edina - $2,000 Maple Grove - $1,500 Minnetonka - $2,500 Mound - $2,500 Plymouth - $9,500 Robbinsdale - $1,700 St. Louis Park- $5,000 CITY OF MOUND 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEA RING NO TICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 95-06 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW TWO (2) "WHOLESALE AND ASSEMBLY" OPERATIONS IN THE B-1 CENTRAL BUSINESS DISTRICT FOR COMPONENT SYSTEMS INC. AND LEED ELECTRONICS INC. AT 5200 MAYWOOD ROAD 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, February 28, 1995 to consider the issuance of a conditional use permit to allow for two (2) "wholesale and assembly" operations within the B-1 Central Business Zoning District. The subject property is located at 5200 Maywood Road, and legally described as follows: Lot 16 and Lot 17 except the easterly 20 feet thereof, Block 2, Shirley Hills, Unit F. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, City Clerk Mailed to property owners within 350' by February 13, 1995, and published in "The Laker" on February 13, 1995. printed on recycled paper PROPOSED RESOLUTION #95- RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE USE OF TWO (2) WHOLESALE & ASSEMBLY OPERATIONS IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT FOR COMPONENT SYSTEMS, INC. (CSI) & LEEDS ELECTRONICS INC. AT 5200 MAYWOOD ROAD LOTS 16 & 17, BLOCK 2, SHIRLEY HILLS UNIT F PID #13-117-24 43 0145, P&Z CASE #95-06 WHEREAS, owner, Lawrence C. Shaw, has applied for a Conditional Use Permit to allow the use of two (2) Wholesale & Assembly Operations, Component Systems, Inc. (CSI) and Leeds Electronics Inc., at 5200 Maywood Road, Mound, and; WHEREAS, the subject property is located in the B-1 Central Business Zoning District which allows Wholesale and Assembly Operations by Conditional Use Permit, and; WHEREAS, CSI (Component Systems Inc.) is involved in the design and supply of floor truss systems and related hardware. They are a wholesale business selling products primarily to metro area builders. Initially, they will have 3 full time employees. CSI does not do any assembly work. WHEREAS, Leeds Electronics involves the sales of electronic components and the storage of respective products. They do not use any chemicals as part of the operation and they do not store any hazardous materials. Six of the Seven people on staff are sales people who work outside the office. A majority of their business is sales. They will use a little more than 2,000 square feet for office space, and a little less than 2,000 square feet for storage space. All shipping and receiving required for operation of the business is handled via UPS or regular mail. WHEREAS, both of these businesses are clean uses that should fit within the existing building and Mound's B-1 zone· WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the conditions as recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City Council does hereby approve the Conditional Use permit for the wholesale and assembly operations at 5200 Maywood Road subject to the following conditions: All interior improvements shall be subject to all applicable codes and standards including but not limited to the UBC, fire codes and health codes. Proposed Resolution 95-06, CUP- Shaw Page 2 All shipping and receiving shall be via small truck carriers such as UPS or regular mail service and all loading and unloading shall be done on the west side of the building. c. Outside assembly and/or storage of any kind is expressly prohibited. This Conditional Use Permit is granted for the following legally described property: Lot 16 and Lot 17 except the easterly 20 feet thereof, Block 2, Shirley Hills, Unit F, PID //13-117-24 43 0145. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. PROPOSED RESOLUTION #95- RESOLUrlON TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK AND NONCONFORMING IMPERVIOUS SURFACE COVERAGE TO ALLOW CONSTRUCTION OF A CONFORMING COVERED ENTRANCE AT 5200 MAYWOOD ROAD LOTS 16 & 17, BLOCK 2, SHIRLEY HILLS UNIT F PID #13-117-24 43 0145, P&Z CASE #95-06 WHEREAS, the owner, Lawrence C. Shaw, has applied for a variance to recognize an existing nonconforming front yard setback and the nonconforming impervious surface coverage to allow the construction of a covered entrance structure and handicap ramp providing access to the second level, and; WHEREAS, the impervious surface coverage is also nonconforming, as follows: Lot Area 16,565 40% 9,939 Existing 12,484 Over 2,545 This property is at 75% hardcover. The proposed entrance addition is 104 square feet of additional hardcover, and is included in these calculations, and; WHEREAS, the Zoning Ordinance allows for up to 60% hardcover in the Business Districts provided the City has adopted a stormwater management plan, however, Mound has not done so to-date, and; WHEREAS, this property is located within the B-1 Zoning District which requires a minimum lot area of 7,500 square feet, and a 50 foot front yard setback abutting Maywood Road to the South. The required setback to the remaining property lines is 0 feet, and; WHEREAS, the existing building has a 38.2 foot setback off of Maywood Road to the required 50 foot setback, resulting in a variance request of 11.8 feet, and; WHEREAS, the way the ordinance is currently written, only a side yard setback variance is needed, however, it is staff's opinion that the intent of the B-1 provisions are to require a 50 foot setback from all property lines abutting residential districts, not just the side and rear yard setbacks. Staff noted that an amendment to the ordinance will be discussed at a future Planning Commission Workshop meeting, and; WHEREAS, the physical dimension of the proposed entrance structure is minimal and will affect only the Hiddenvale Lane setback and not the setback off of Maywood road which requires the variance, and; Proposed Resolution 95-06, Variance- Shaw Pase 2 WHEREAS, all shipping and receiving will be done on the west side of the building, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval of the side yard setback variance of 11.8 feet to Maywood Road and a lot coverage variance to allow construction of the entrance structure. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance recognizing the existing nonconforming 11.8 foot front yard setback to allow construction of the proposed covered entryway on the east side of the building subject to all improvements complying with all applicable codes and standards. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a covered entrance structure and handicap ramp providing access to the second level. 4. This variance is granted for the following legally described property: Lot 16 and Lot 17 except the easterly 20 feet thereof, Block 2, Shirley Hills, Unit F, PID #13-117-24 43 0145. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION FEBRUARY 13, 1995 CASE#95-06: LAWRENCE C. SHAW, 5200 MAYWOOD ROAD, COMPONENT SYSTEMS, INC. AND/OR LEEDS ELECTRONICS INC., LOTS 16 & 17, BLOCK 2, SHIRLEY HILLS UNIT F, PID #13-117-2443 0145. CONDITIONAL USE PERMIT FOR WHOLESALE ,~- ASSEMBLY OPERATIONS - PUBLIC HEARING The Building Official reviewed the City Planner's report. The applicant is requesting approval of a Conditional Use Permit and variance at the subject property to allow two "wholesale and assembly" operations. Leeds Electronics involves the sales of electronic components and the storage of respective products. They do not use any chemicals as part of the operation and they do not store any hazardous materials. They presently have a total of 7 employees, four of whom will work on- site on a regular basis and three outside sales people who will occupy the building at various times. All shipping and receiving required for operation of the business is handled via UPS or regular mail. CSI (Component Systems Inc.) is involved in the design and supply of floor truss systems and related hardware. They are a wholesale business selling products primarily to metro area builders. Initially, they will have 3 full time employees at the Maywood Road location. Both of these businesses are clean uses that should fit within the existing building and Mound's B-1 zone. The variance is required to construct a new covered entry on the east side of the building. The existing building has a 38.2 foot setback off of Maywood Road to the required 50 foot setback. Accordingly, a variance of 11.8 feet is required to modify the existing building as proposed. The physical dimension of the proposed improvement are minimal and will affect only the Hiddenvale Lane setback and not the setback off of Maywood road that requires the variance. The way the ordinance is currently written, only a side yard setback variance is needed, however, it is staff's opinion that the intent, of the B-1 provisions are to require a 50 foot setback from all property lines abutting residential districts, not just the side and rear yard setbacks. Staff noted that that an amendment to the ordinance will be discussed at a future Planning Commission Workshop meeting. Staff recommended that the Planning Commission recommend approval of the Conditional Use permit for the wholesale and assembly operations at 5200 Maywood Road subject to the following conditions: All interior improvements shall be subject to all applicable codes and standards including but not limited to the UBC, fire codes and health codes. All shipping and receiving shall be via small truck carriers such as UPS or regular mail service and all loading and unloading shall be done on the west side of the building. 3. Outside assembly and/or storage of any kind is expressly prohibited. Staff recommends that the side yard variance of 11.8 feet be granted to allow construction of the proposed covered entryway on the east side of the building subject to all improvements complying with all applicable codes and standards. Planning Commission Minutes February 13, 1995 Larry Shaw, emphasized that CSI does not do any assembly work, only wholesale and design work for residential builders. All products are shipped directly from the factory to the job sites. They keep inventory and warehouse joist hangers and eye joists which are shipped directly to the job site. When all the products are not used on the job, the overflow is returned and then sent out with the next job, the amount it minimal. Mr. Larry Peterson, owner of Leeds Electronics, explained that they are an electronics wholesaler, with a majority of business being sales. They will use a little more than 2,000 square feet for office space, and a little less than 2,000 square feet for storage space. They represent about 90 electronics manufacturers, a majority of the products that they sell ship directly to the customer, but they do keep an inventory on hand for emergencies. All their products are very small. Some of their customers are Control Data, Honeywell, 3-M, Medtronics, and IBM. They wholesale small electronic components only, no assembly. Six of the Seven people on staff are sales people who work outside the office. They are presently located in Plymouth. The Commission confirmed that condition//2 within the staff report requiring shipment by UPS is acceptable to them. Hours of operation will be Monday through Friday. Chair Michael opened the public hearing. There being no comments from those people present, Chair Michael closed the public hearing. The Building Official noted that it was brought to his attention that a hardcover variance would also need to be granted as Mound does not yet have a Stormwater Management Plan. MOTION made by Surko, seconded by Voss, to recommend approval of the Conditional Use Permits to allow two Wholesale and Assembly Operations within the B-1 Zoning District, as recommended by staff. Motion carried unanimously. MOTION made by Surko, seconded by Voss, to recommend approval of the side yard setback variance of 11.8 feet to Maywood Road and a lot coverage variance to allow the proposed improvement, as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on February 28, 1995. Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: February 8, 1995 SUBJECT: Conditional Use Permit and Variance Approval APPLICANT: Lawrence Shaw CASE NUMBER: 95-06 HKG FILE NUMBER: 95-5b LOCATION: 5200 Maywood Road (Formerly Smith Heating) EXISTING ZONING: Central Business District (B-I) COMPREHENSIVE PLAN: Commercial BACKGROUND: The applicant is requesting approval of a Conditional Use Permit and variance pertaining to the building at 5200 Maywood Road which is the former location of Smith Heating. The Conditional Use Permit covers two businesses and the variance is required to construct a new covered entry on the east side of the building. Although formal action on the Conditional Use Permit and the variance are separate items, they are both discussed within this report. Conditional Use Permit (CUP) A Conditional Use Permit is being requested to establish two "wholesale and assembly" operations in the building. The B-1 provisions of the Mound Zoning Code allow such uses through the issuance of a CUP. Staff has worked with the owner of the building as well as representatives of the two businesses to ensure that they fit the wholesale and assembly category. Leeds Electronics will occupy a portion of the building. Their business involves the sales of electronic components and the storage of representative products. They do not use any chemicals as part of the operation and they do not store any hazardous materials. They presently have a total of 7 employees, four of whom will work on-site on a regular basis and three outside sales Land Use / Environmental · Planning / Design 7300 Metro Boulevard/Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 ' Fax: (612) 835-3160 Shaw CUP and Variance Planning Report February 8, 1995 Page 2 people who will occupy the building at various times. All shipping and receiving required for operation of the business is handled via UPS or regular mail. The second business is CSI (Component Systems Inc.). CSI is involved in the design and supply of floor truss systems and related hardware. They are a wholesale business selling products primarily to metro area builders. Initially, they will have 3 full time employees at the Maywood Road location. Both of the businesses seeking Conditional Use Permit approval are clean uses that should fit within the existing building and Mound's B-1 zone. '[hey are similar in a number of ways to PXC Corporation which has operated for some time in the heart of Mound's downtown area. Variance Request In addition to CUP approval, Mr. Shaw, the building owner, is seeking approval of variances necessary to construct a new entrance on the east side of the building. The entrance which will be covered by a section of mansard roof will provide at-grade handicapped access to the second level of the building. This case provides an interesting challenge in applying all of the provisions of the existing Zoning Code in order to determine applicable setbacks and corresponding variances. It points out a number of deficiencies in the existing ordinance that have not surfaced previously. The subject site is located in the B-1 zone on a corner lot that abuts residentially zoned property on both the east and south sides. The lot abuts Hiddenvale Lane on the east and Maywood Road on the south. According to Section 350:310, Subd. 81, the shortest dimension abutting a public street is established as the front yard. This results in Hiddenvale Lane being designated as the front yard for the building. The Zoning Code in Section 350:440, Subd. 5 further states that "lots which abut on more than one street shall provide the required front yards along every street except for lots of record which shall provide a side yard setback abutting the street..." This section contains a chart which states that lots exceeding 81 feet in width are required to provide a 30 foot side yard setback. The subject site is a lot of record. Using the ordinance sections cited above, the subject building has a front yard setback requirement along Hiddenvale Road and a side yard setback off of Maywood Road of 30 feet. Application of the B-1 provisions further modifies the setback requirements. In the B-1 zone, the only yard area setbacks that apply occur if the property abuts a residential district. In this case, both of the street frontages for the subject site abut a residential district since the dividing line for the districts follows the centerline of the adjacent roadways. Therefore, side yard setbacks abutting a residential district are required to be 50 feet. The existing Code, however, regulates only side and rear yard setbacks abutting residential districts, not front yards. From a staff perspective, it is suspected that the intent of the B-1 provisions are to require a 50 foot Shaw CUP and Variance Planning Report February 8, 1995 Page 3 setback in all areas that abut residential districts. The Code, however, only addresses side and rear yard setbacks allowing a 0' setback for front yards in such areas. As a result, the proposed construction requires only a side yard setback variance. The existing building has a 38.2 foot setback off of Maywood Road. ccord~ngly, a variance A ' ' of 11.8 feet is required to modify the existing building as proposed. The physical dimensions of the proposed improvement are minimal and will affect only the Hiddenvale Lane setback and not the setback off of Maywood Road that requires the variance. RECOMMENDATION: Staffrecormnends that the Planning Commission recommend approval of the Conditional Use permit for the wholesale and assembly operations at 5200 Maywood Road subject to the following conditions: Ail interior improvements shall be subject to all applicable codes and standards including but not limited to the UBC, fire codes and health codes. ° All shipping and receiving shall be via small truck carriers such as UPS or regular mail service and all loading and unloading shall be done on the west side of the building. 3. Outside assembly and/or storage of any kind is expressly prohibited. Staff recommends that the side yard variance of 11.8 feet be granted to allow construction of the proposed covered entryway on the east side of the building subject to all improvements complying with all applicable codes and standards. .F. ootnote This report contains a detailed description of the application of the provisions of the Zoning Code to this request. This information was supplied to highlight the fact that the current Code provisions do not regulate all yard area setbacks where property zoned business abuts residentially zoned property. The Planning Commission may want to consider whether or not further investigation of this issue needs to occur possibly resulting in changes to current setback requirements. 95-06.RPT Application for CONDITIONAL USE PERM1F city of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 JAN 2 6 1995 Conditional Use Permit Fee: $200.00 Distribution: City Planner: City Engineer: Public Works: Other: Please type or print the following information: PROPERTY Subject Address 5200 Mavwood Road, Mound. MN 55364 INFORMATION Component Systems, /nc. and/or Name of Business Leeds Electronics LEGAL Lot 16 and 17 except street S~ock 2 Plat# DESCRIPTION Subdivision Shirley Hills, Unit F PID# 1311724430145 APPLICANT The applicant is: __owner X other: Name Lawrence C. Shaw 6440 Co. Rd. 15, Mound, MN 55364 Address Phone (H) 472-7200 (w) 472-1535 (M) 751-2881 Name Lawrence C. Shaw OWNER (if other than Address 6440 Co. Rd. 15, Mound, MN 55364 applicant) Phone (H) 472-7200 (w) 472-1535 {M) 751-2881 Name ARCHITECT, N/A SURVEYOR, OR Address ENGINEER Phone (H) (W) (M) ZONING Circle: R-1 R-lA R-2 R-3 (B-l) B-2 B-3 DISTRICT CHANGEOF FROM: Office with Manufacturing Shops USE TO: Offices with Store Room rev, 12/7/94 - Conditional Use Permit Application Page 2 Description of Proposed Use: To operate as a sales business office and store room. (See attached letters from Component Systems, /nc. & Leeds Electronics. Regular hours of operation being Monday through Friday 7:00 AM through 5:00 PM. EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. Proposed Handicap entrance on East side of building for 2nd level, alony with exterior upgrade of windows and decorative mansard roof would be the only visual exterior changes. No adverse impact is forseen. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ 60,000.00 Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? (~)~ yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. ~91-045 rt]-Owner s Signature Date Date 'v. 12/7/94 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 26, 1995 Mr. Lawrence Shaw 6440 County Road 15 Minnetrista, MN 55364 SUBJECT: 5200 MAYWOOD ROAD, MOUND Dear Mr. Shaw: I am in receipt of your letter of January 18, 1995 regarding two potential tenants for your building at 5200 Maywood Road which is currently zoned Central Business District (B-i). Section 350:670 of the Mound Zoning Code identifies permitted, conditional, and accessory uses in the Business and Industrial Zones. The Code allows "Wholesale and Assembly" operations in the B-1 zone by conditional use permit. "Warehousing and Wholesaling" operations are allowed only within the Industrial (I-1) district. In the undated letter by you, Mr. Larry Shaw, President of CSI, you state that the nature of this business is "to design and supply roof and floor truss systems and manufactured wood products." You further add that they will not do any manufacturing on the premises and there the "products are wholesaled to metro area builders and delivered factory direct to the job sites. You go on to say that "joist hangers and small miscellaneous wood products are the only things that will be warehoused at this location." From this description, it appears that the principal activity that will occur in the building is the design and wholesaling operation rather than warehousing. Correspondingly, CSI can apply for a conditional use permit to occupy space in the building. Larry Peterson descries the Leeds Electronics operation in his letter dated January 17, 1995. He states, "Our business is that of Electronics Distribution; that is, warehousing and reselling industrial electronic components...". From this description, my first impression was the principal activity of leeds Electronics was to be warehousing which is not allowed as a primary use in the B-1 zone. However, in a phone conversation with our City Planner, Mr. Peterson did provide further information that his business fits under the "wholesale and assembly" category. Therefore, Leeds Electronics may also apply for a conditional use permit in order to occupy space in the building. prlnted on recycled paper Mr. Lawrence Shaw January 26, 1995 Page 2 The City wants to work cooperatively with all building owners to encourage businesses to locate in Mound consistent with the City's Zoning Code. Please call me if you have any questions on this matter. Building Official JS:pj ~ 472-7z c~o Lawrence Shaw 6440 Co. Rd. 15 Minnetrista, MN 55364 January 25, 1995 City of Mound Mr. Ed Schukle City Manager 5341 Maywood Road Mound, MN 55364 Conditional Use Permit and Building Variance 5200 Maywood Road, Mound, MN Dear Ed: I am requesting that you consider both the Conditiotaal Use Permit and the Building Variance that I have applied for at the February 14th Council Meeting instead of the March 14th meeting. ~5~v' Securing these requests by February 14th should give me enough time to secure the intended tenant for the building. Sincerely, L~'wrence Shaw Encs. January 18, 1995 Lawrence Shaw 6440 Co. Rd. 15 1Vfinnetfista, MN 55364 City of M.~und Mr. Ion Sfitherland Building Official 5341 May~ood Road Mound, l~.2q 55364 Dear Ion:; RE: 5200 ~oad Mound, MN Pursuant tb your request, attached are letters from the two proposed tenants for my the building a~ 5200 Maywood Road. As soon as possible, please notify me whether these proposed tenants will require a Condition~fl Use Permit from Mound. Should you require further information, please don' hesitate t~ contact me. Your prompt attention to this is greatly appreciated. I look forward to hearing ~'rom you shortly. copied ~o Mark Koegler 1-20-95 CSI COMPONENT SYSTEMS INC. P.O. Box 407 Spring Park, MN 55384 Phone -(612)-472-1535 FAX- (612)-472-1545 City of Mound Mr. Jon Suthefland Building Official 5341 Maywood Road Mound, MN 55364 RE: 5200 Maywood Road Mound, MN Dear Jon: It is our intention to enter into a long term lease agreement with Mr. Lawrence Shaw at his building at 5200 Maywood Road in Mound, Minnesota. CSI has been located in the J.R. Clark building in Spring Park, Minnesota since 1987. Our business is to design and supply roof and floor truss systems and manufactured wood products (wood I-Joist and LVL Headers) for the construction industry. We do not manufacture or do any retail business. Our products are wholesaled to metro area builders and delivered factory direct to their jobsites. We have three (3) full time employees that generate blueprints and layouts to be delivered to various jobsites along with hardware connectors (joist hangers), which is part of our package. These joist hangers and small miscellaneous overages of wood product are the only things that will be warehoused at this location. Most of our business is done by phone, computer modem and fax with an occasional office meeting with a customer so our traffic impact will be minimal. I have resided in the Mound area for 22 years where I have owned and operated Rite- Away Oil Change on Shoreline Drive. We are relocating to improve our office facilities to meet our needs. ELECTRONICS INC. 14236 23rd Ave. North, Plymouth, Minnesota 55447 Tel 612'557.1277 Fax 612'557.1499 January 17, 1995 CITY OF MOUND To Whom It May Concern: It is our intention to enter into a long-term lease agreement with Mr. Lawrence Shaw at his building at 5200 Maywood. Leeds Electronics is currently located in Plymouth, Minnesota, and has been in business at this location since 1989. We have four full-time office employees, and three employees who are traveling the five-state area as sales representatives. These three employees would not be using the office on a regular basis (approximately 3-4 times per month). Our business is that of Electronics Distribution; that is, warehousing and reselling industrial electronic components, such as switches, capacitors, memory chips, etc. We do no manufactur- ing, nor do we use or inventory any chemicals or hazardous materials. We do not anticipate affecting local traffic in any adverse manner. We do no retail business, therefore we have no need for customer parking. We anticipate only traffic from our four full-time office workers plus UPS and mail service. I understand that Mr. Shaw is requesting some slight variances in order to accommodate our needs. We hope that the City can accommodate him so that the building will meet our needs. I am a 20-year resident of Mound, and have chosen to relocate my business here to better accommodate my present employees, and draw from what I feel is a reliable labor pool for future expan- sion needs. I am sure you will find Leeds Electronics to be a responsible corporate citizen. President VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: Application Fee: $50.00 Case No. Distribution: City Planner Public Works City Engineer DNR Other Please type or print the following information: Address of Subject l~operty 5200 Maywood Road, Mound, MN 55364 -Lot 16 and 17 except street Block Addition Shirley Hilis~ Unit F PID No. 1311724430145 District B-1 Use of Prope~y: Sales Offices Name Lawrence Shaw Day Phone 472-1535 Owner's Address 6440 CO. Rd. 15, Mound, MN 55364 Applicant's Name (if other than owner) Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? :Ot yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. See attached Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Interior addition of 2nd level for separate leasehold tennant. This 2nd level would be accessed at East side of building. Handicap access ramp requirement will encroach to within 4' of side lot. Variance Application (11/93) Page 2 Case No. o Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): Building does not currently meet setback requirements. SETBACKS: required requested VARIANCE (or existing) Front Yard: (N~EW_a) 35 ft. 38 ft. N/A ft. Side Yard: ( N S Et[~) 35 ft. 50 ft. N/A ft. Side Yard: ( N S~W ) 35 ft. 4 ft. 31 ft. Rear Yard: ((~S E W ) 35 ft. 6 ft. existing ft. Lakeside: ( N S E W ) ft. ft. ft. : (NSEW) ft. ft. ft. Street Frontage: ft. 258 ft. ft. Lot Size: -~,'3crC' sq ft 16565 sq ft sq ft Hardcover: sq ft 12484 sq ft ~ sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (x)~ No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow gX) topography ( ) soil ( ) too small ( ) drainage ( ) existing situation ( ) too shallow ( ) shape ( ) other: specify for qrade purpose, this is the only entrance suitable for handicap regulations. Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No l~)c If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No 6[k. If yes, explain: o Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No CS)x If no, list some other properties which are similarly affected? Comments: The improvement which requires this variance is minimal to any exterior impact. The additlon of exterior windows and decoration mansard roof will enhance and improve the building's appearance. This ~.~.~,~ ...... was orginaily u=~x~=u ........ for the proposed 2nd ~=v=x hub d~d noL address current handicap access requirements. I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the 'ty of Mound for the purpose of inspecting, or of posting, as maintaining and removing such no ' s e required by law. l.wrier,s Date 1-25-95 Sig Applicant's Date [- 2 ff ~ ~- CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) IPROPERTY ADDRESS: OWNER'S NAME: 5200 Maywood Road, Mound¢ MN 55364 Lawrence Shaw LOT AREA SQ. FT. X 30% = (for all lots) .............. I J LOTAREA 16,565 SQ. FT. X 40% = (for Lots of Record*) ....... I 9,939.0q LOT AREA SQ. FT. X 15% = (for detached buildings only) . . J j *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE LENGTH WIDTH SQ FT 60 . X 80 ' = 4,800 X = DETACHED BLDGS (GARAGE/SHED) TOTAL HOUSE ......................... NONE X = X = 4,800 · DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. Handicap Ramp DECKS Open decks (1/4" min. opening between boards) with · pervious surface under are TOTAL DETACHED BLDGS ................. varies X~varie~ = 4' X 4' = 16' X_ 4' TOTAL DRIVEWAY, ETC 7,580 40 = 64 X X X -0- 7~684 not counted as hardcover OTHER TOTAL DECK .......................... X = -0- TOTAL OTHER -0- TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER / OVER (indicate difference) ............................... PREPARED BY Larry Shaw DATE ***NOTE: Total Add. is 104 SQ FT Hardcover [12,484 2;545 1-25-95 EnoInaarlno Laf~d ~urveylnO Landscapa Archltacb Planning : loc ~P.~I-7-_~/ /~/.~./97'/,4-,'~ ~L./~/.,~ ~'o/~O/T/~/~I Job No. -/'79'7 DESCRIPTION: . Lot 16 and Lot 17 thereof. Block 2, according to the recorded plat except the easterly 20 ~eet SIIIRLEY ilILLS, UNIT F, thereof. ,YXY ~,7. oo ~'o ./f 2G q I )1 HEREBY CERTIFY THAT Tills IS A TRUE AND CORRECT REPRESENTATION OF TIlE BOUNDARIES OF ~ _~----~1 ~'c::~'~-. ~ . COUNIY, MIHNESOTA. SURVEYED BY ME THIS -" DAY OF ,,1O ~7 . I I I ..,% 0 ! ...1 328 November 26, 1991 RESOLUTION %91-168 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A LIMOUSINE SERVICE IN THE B-1 2ONING DISTRICT AT 5200 MAYWOOD ROAD, LOTS 16 AND 17, BLOCK 2, SHIRLEY HILLS UNIT F, PID %13-117-24 43 0145, P & Z CASE %91-062 WHEREAS, the Cit~ Council held a public hearing on November 26, 1991 pursuant to the Mound Code of Ordinances to consider the issuance of a Conditional Use Permit to allow the operation of a Limousine Service at 5200 Maywood Road, and and WHEREAS, all persons wishing to be heard were heard; WREREAB, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BB IT REBOLVED by the City Council of the City of Mound, Minnesota, as follows: 1. A Conditional Use Permit for a Limousine Service in the B-1 Zoning District is hereby granted for the property at 5200 Maywood Road, subject to the following conditions: a. All limousines shall be stored inside the building. b. Limousines stored or parked on the property shall not exceed six (6). Cs e® All outside storage is expressly prohibited including inoperable motor vehicles. Maintenance of vehicles outside of the building is expressly prohibited except the interior and exterior cleaning of company owned limousines· The proposed use shall comply with and all local ordinances, laws, and This Conditional Use Permit is granted legally described property: all Building Codes regulations. for the following Lots 16 and Lot 17 except the easterly'20 feet thereof, Block 2, Shirley Hills, Unit F, PID #13-117-24 43 0145. 329 *',. ' November 26, 1991 This Conditional Use Permit shall be recorded with the County Recorded or the Registrar of Titles in Hennepin County pursuant to Minnesota Statues section 462.3595, Subd. 4. This shall be considered as a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. Proof of recording shall be filed with the City Clerk· The foregoing resolution was moved by Co~ncilmember Smith and seconded by Councilmember Ahrens. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith· The following Councilmembers voted in the negative: none. Attest = City Clerk 243 September 24, 1991 RESOLUTION #91-129 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A WHOLESALE ASSEMBLY OPERATION FOR BALCH COMPANIES, A CUSTOM FURNITURE WORKSHOP, IN THE B-1 ZONING DISTRICT AT LOTS 16 AND 17t BLOCK 2, SHIRLEY HILLS UNIT F, PID #13-117-24 43 0145 (5200 MAYWOOD ROAD) P & Z CASE #91-045 WHEREAS, the City Council held a public hearing on September 24, 1991 pursuant to the Mound Code of Ordinances to consider the issuance of a Conditional Use Permit to allow a wholesale and assembly operation consisting of a custom furniture workshop in the B-1 Zoning District at 5200 Maywood Road, and; and WHEREAS, all persons wishing to be heard were heard; WHEREAS, the Planning Commission has reviewed the request and recommended approval of the conditional use permit with conditions by a 7 to 1 vote. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that a Conditional Use Permit for a wholesale and assembly operation consisting of a custom furniture workshop be granted for the subject property as detailed on the attached floor plan (Exhibit A) contingent upon the following conditions: a) b) c) d) e) f) The proposed use is consistent with the criteria for granting conditional use permits identified in Zoning Code Section 23.505.1 The proposed use shall comply with all state and local building and fire codes pertaining to this use and its storage of materials and production of wooden and other products. The conditional use permit is specifically granted for the workshop as detailed by the applicant and shown on the floor plan. There shall be no storage on the exterior of the building. This use shall be confined to the interior of the building, there shall be no assembly, finishing, production, or any other work conducted at the exterior of the workshop or outside of the building. All signage shall comply with the Mound Sign Code. ?,44 244 September 24~ 1991 g Recycling space and containers shall be provided for the building and shall comply with the enclosure requirements as stated in the Mound City Code. This Conditional Use Permit is granted for the following legally described property: Lots 16 and Lot 17 except the easterly 20 feet thereof, Block 2, SHIRLEY HILLS, UNIT F, PID #13-117-24-43 0145. This Conditional Use Permit shall be recorded with the County Recorded or the Registrar of Titles in Hennepin County pursuant to Minnesota Statues section 462.3595, Subd. De This shall be considered as a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. Proof of recording shall be filed with the City Clerk. The foregoing resolution was moved by Councilmember Ahrens and seconded by Councilmember Smith. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Attest: City Clerk ~ayor [ ~ ' ~ 2 I GENERAL ZONING INFORMATION SHEET ADDRESS: ZONE: REQ. LOT AREA: EXIST, LOT AREA: PRINCIPAL BUIWlNG/ HOU. SP FRONT: N~W FRONT: N(S) E W SIDE: ~ E W SIDE: (N)S E W REAR: ~S E LAKESHORE: 50' {measured from TOP OF BLUFF: ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: N S E W 4' or 6' REAR: N S E W 4' LAKESHORE: TOP OF BLUFF: 50' (measured from O.H.W.) EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUIJ-DING/HOUSE FRONT: FRONT: N( 'S~ SIDE: ~ E SIDE: (~S E~ REAR: ~ S E~ LAKESHORE: TOP OF BLUFF: ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: This General Zoning Information Sheet only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 472-0600. DEN : C ......... I ~ O- '1 'l zoa' f ....... ' ..... 1444, I 0 ~' --r"oC~ i 0 PROPOSED RESOLUTION #95- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AND DECK AT 1566 EAGLE LANE LOTS 3, 4, AND 5, BLOCK 2, WOODLAND POINT PID #12-117-24 43 0002, P&Z CASE #95-03 WHEREAS, the owner, Daniel Strot, has applied for a variance to recognize the following existing nonconforming setbacks to allow construction of a conforming lakeside deck, conversion of the existing garage into habitable space, alteration of the existing roof pitch, and construction of a new 24' x 24' detached garage: EXISTING/PROPOSED REQUIRED VARIANCE FRONT (W) 16.7' 20' 3.3' REAR (E) 9.6' 15' 5.4' and; WHEREAS, this property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to the property line abutting Eagle Lane, a setback of 6 feet to both side yards, a 15 foot setback to the rear, and a 50 foot setback to the Ordinary High Water of the lake. Hardcover is limited to 40% as this property is a lot of record, and; WHEREAS, none of the proposed improvements will encroach further into the existing nonconforming setbacks, and hardcover is conforming, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval of the request for a variance to recognize the existing nonconforming setbacks as the proposed improvements will be conforming, are a reasonable use of the property and will not further encroach into the existing nonconforming setbacks. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance recognizing the existing nonconforming setbacks resulting in a 3.3' front yard setback variance and a 5.4' rear yard setback variance, to allow construction of a conforming lakeside deck, conversion of the existing garage into habitable space, alteration of the existing roof pitch, and construction of a new 24' x 24' detached garage: Proposed Resolution 95-03, Variance - Strot Page 2 w ., The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a conforming lakeside deck (approximately 6' x 24'), conversion of the existing garage into habitable space, alteration of the existing roof pitch, and construction of a new 24' x 24' detached garage. This variance is granted for the following legally described property: Lots 3, 4, and 5, Block 2, Woodland Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION FEBRUARY 13, 1995 CASE #95-03: DANIEL C. STROT, 1566 EAGLE LANE, LOTS 3, 4 & 5, BLOCK 2, WOODLAND POINT, PID #12-117-2443 0002. VARIANCE TO CONSTRUCT A DETACHED GARAGE. This property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to the property line abutting Eagle Lane, a setback of 6 feet to both side yards, a 15 foot setback to the rear, and a 50 foot setback to the Ordinary High Water of the lake. Hardcover is limited to 40% as this property is a lot of record. The existing dwelling is nonconforming to setbacks as listed below: EXISTING/PROPOSED REQUIRED VARIANCE FRONT (W) 16.7' 20' 3.3' REAR (E) 9.6' 15' 5.4' The applicant is seeking variance approval to construct a conforming addition of a lakeside deck, conversion of the existing garage into habitable space, and the construction of a new 24' x 24' detached garage. None of the proposed improvements will encroach further into the existing nonconforming setbacks, and hardcover is conforming. Staff recommended the Planning Commission recommend approval of the request for a variance to recognize the existing nonconforming setbacks as the proposed improvements will be conforming, are a reasonable use of the property and will not further encroach into the existing nonconforming setbacks. MOTION made by Voss, seconded by Mueller, to recommend approval of the variance as recommended. Motion carried unanimously. The applicant confirmed that the variance included the alterations to the roof pitch. The Building Official confirmed that this alteration is considered incidental. This case will be reviewed by the City Council on February 28, 1995. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of February 13, 1995 Planning Commission, Applicant and Staff Jon Sutherland, Building Official -~{~ ~,~ ~ · Variance Request Daniel C. Strot 95-03 1566 Eagle Lane, Lots 3, 4 & 5, Block 2, Woodland Point I:{-1A Single Family Residential BACKGROUND: This property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to the property line abutting Eagle Lane, a setback of 6 feet to both side yards, a 15 foot setback to the rear, and a 50 foot setback to the Ordinary High Water of the lake. Hardcover is limited to 40% as this property is a lot of record. The existing dwelling is nonconforming to setbacks as listed below: EXISTING/PROPOSED REQUIRED VARIANCE FRONT (W) 16.7' 20' 3.3' SIDE (N) 7.3' +/- 6' N.A. SIDE (S) 40' +/- 6' N.A. REAR (E) ~"~ q, (~ ~.' ~ ' ~ 5 LAKESIDE 50'+ 50' N.A. The applicant is seeking variance approval to construct a conforming addition of a lakeside deck, conversion of the existing garage into habitable space, and the construction of a new 24' x 24' detached garage. None of the proposed improvements will encroach further into the existing nonconforming setbacks, and hardcover is conforming. ~ pr,ntedonrecycledpaper Staff Report Strot-//95-03 Page 2 COMMENTS The proposed detached garage and deck are reasonable uses, and will enhance the use and function of the property without any further encroachment or increase in the nonconforming status. The parcel has a rather shallow depth, and the house is turned slightly to be oriented towards the lake, this results in the nonconforming front and rear yard setbacks. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the request for a variance to recognize the existing nonconforming setbacks as the proposed improvements will be conforming, are a reasonable use of the property and will not further encroach into the existing nonconforming setbacks. JS:pj The abutting neighbors have been notified of this request. Th/s case is schedu/ed to be heard by the City Council on February 28. 1995. VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN $$364 Phone: 472-0600, Fax: 472-0620 JAN 2 4 1995 qoo~l Planning Commission Date: City Council Date: Distribution; City Planner City Engineer Other I -7..'~-q~ Public Works DNR Application Fee: $50.00 Case No. q 5 -0 ~ Please type or print the following information: Address of Subject Property Lot Addition '~t~/~C.,C~j& ,ta 10bt'lL {' District Owner's Name -I ,6 of '~0~i~,(~ ~, ~+rc~ Day Phone¢~/~7~- 1755 ,,~77- 7q // Owner's Address 1-.~' (c :_ o,x:\jC. L&yl-6 ..) Applicant's Name (if other than owner) Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, {~/j no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): L Variance Application (11/93) Page 2 Case No. ~~'~ Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No.'~'-),.. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): e SETBACKS: ~. required ~~.__ -------~.-" VARIANCE Front Yard: (~N S E~ 7,° ft. i(0t 7. ft. 3! ~ Side Y~d: ~ E W ) 6 ft. I~. ~ ff. .~ ~ Side Y~d: ( ~W ) S ~. ~. ~ ~ R~ Y~d: (~S~W) [.~ ' ~. ~ ~ ~. ~, ~ I ~eside: (~S E W ) 5~ ~. ~. ;':, ~. · (NSEW) ~. ~. S'r~t Frontage: ~. ~. Lot Si~: ~ ~ ~ ~ ~ H~dcover: sq ~ ~ R ~ Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (), No.(.'). If no, specify each non-conforming use: o Which unique Physical Characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape soil existing situation other: specify Variance Appl~cat½on (11193) Page ~ case Was the hardship described above created by the action of anyone having properly interests in the land after the zoning ordinance was adopted (1982)? Yes (), No.l.'9'. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No [~. If yes, explain: :.j 9. Comments: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No/l~. If no, list some other properties which are similarly affected? ' ' (.9 ~_ ' ~ ~ I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. ,wner'sSignature ,ff__~__ -~~/_C_ _ [ Date /-22-a~-.~' Applicant's Signature Date CITY OF MOUND HARDCOVER CALCULATIONS NAME: ADDRESS: EXISTING LOT AREA EXISTING LOT AREA // ~'ZO SQFT X 30% SQ FT X 15% HOUSE: LENGTH WIDTH GARAGE: X -- X = TOTAL GARAGE ****************** DRIVEWAY: X --. X = TOTAL DRIVEWAY ***************** DECK: X = (if impervious X = surface under deck = 100~) TOTALDECK ************* OTHER: TOTAL ~ TOTAL OTHER ******************* HARDCOVER ******************* q UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * YES NO CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE (;OVERAGE) IIPROPERTY ADDRESS: I.:~ ~cq~:~'~:. ~.Li~ OWNER'S NAME: '~ %T~C,~ LOT AREA ) )~' 2 0 SQ. FT. X 30% = (for all lots) .............. I ~4- ~'/~ I LOT AREA SQ. FT, X 40% = (for Lots of Record*) ....... I LOT AREA SQ. FT. X 15% = (for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE F,'~?'~-~ ?- ~ ') X ~ 4,~,; = ~ ? S' ~1 DETACHED BLDGS TOTAL HOUSE ......................... --' /--r' X :~.~ = (GARAGE/SHED) X = DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER TOTAL DETACHED BLDGS ................. ":" ,~ x 3 + = 9 TOTAL DRIVEWAY, ETC .................. TOTAL DECK .......................... ~' ,.,., .d ~.r . ~ -i,.: ,,. ~ - ~- ,. ~, ; - ,'- TOTAL OTHER ......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE ~ OVER (indicate difference) ............................... PREPARED BY ,'~ _~'~-"R- I,~O"~ DATE / / / / · o. 9~ LEGAL DESCRIPTION OF PREMISES' Lots 3, 4, and 5, Block 2, Woodlan( o: denotes iron marker set ®: denotes iron marker found Bearings shown are based upon an assumed datum. This survey intends to show the bo~ aries of the above described prope~ and the location 'of an existing ho~ thereon. It does not purport to sh( -......~ny other improvements or encroachr ~0~ I# / / / / · .! J / ,/ LEGAL DESCRIPTION OF PREMI: Lots 3, 4, and 5, Block 2, o: denotes iron marker set e: denotes iron marker fou Bearings shown are based u~ assumed datum. This survey intends to show aries of the above describe and the location of an exis thereon. It does not purpor --~ny other improvements or e ~ : ~/~. ~c~ ~ ~ /-/~- 7~ ~ ~.f:e CERTIFICATE OF SURVEY FOR DAN STROT ".,~"'>~,.~ OF LOTS AND BLOCK 2, 3, 4, 5, % ~q~,,,.,.~. ~ WOODLAND POINT ,. ¢-q~ ~IN COUNTY, MINNESOTA C'o,,~ % / / J / / / I0,'~ o P o S F /.) LEGAL DESCRIPTION OF PREMISES: Lots 3, 4, and 5, Block 2, Woodland Point o: denotes iron marker set ®: denotes iron marker found Bearings shown are based upon an assumed datum. This survey intends to show the bound- aries of the above described property, and the location of an existing house thereon. It does not purport to show --.....~ny other improvements or encroachments. GENERAL ZONING INFORMATION SHEET Exl.~'F'lINlt J_o,r 0 }A REQUIRED STREET FRONTAGE~IDTH: ~ REQUIRED SETBACKS PRINCIPAL BUILD),N~G/ HOUSE FRONT: N S E[W~ _,c~('_~) LAKESHORE: ~ ~' (measured from O.H.W.) ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: N S E W 4' or 6' REAR: N S E W 4' LAKESHORE: 50' {measured from O.H.W.) EXISTIN( AND/OR PROPOSED SETBACKS: BUILD~G/HOUSE _ FRONT: N S E FRONT: S E SIDE: {~)/,~ E W SIDE: REAR: N LAKESHORE: -- ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: OOVT LOI ~ IS THIS PROPERTY CONFORMING7 YES ~,.~O~J? DATE: f~ C~'. ~ o o o 0 0 I I "' " ...... STORM SEWER D I STR I C MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION FEBRUARY 13, 1995 CASE #95-04: LANCE B. ANDERSON, 5220 LYNWOOD BLVD., P/LOTS I & 2, BLOCK 2, & P/LOTS 3 & 4, BLOCK 1, REARR. BLOCK 10, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK, PID #13-117-2431 0070. VARIANCE TO CONSTRUCT A PORCH. This property is located in the R-2 Zoning District which requires a minimum lot area of 6,000 square feet, lot frontage of 40 feet on an improved public street, a front yard setback of 20 feet to the south, a 10 foot side yard setback to the east, and a 50 foot setback to the lake. According to City Council Resolution #86-173, this property was granted a variance to construct the existing structure that recognized the hardship of the inadequate street frontage. The requested variances are listed below: EXISTING/PROPOSED REQUIRED VARIANCE FRONT 1 5' +/- 20' 5' +/- LAKE (W) 39' 50' 11' LAKE (S) 45' 50' 5' The applicant is seeking variance approval to construct a 12' x 20' porch in the location of an existing 10' x 10' lakeside deck. The deck is to be moved around to the east side in a conforming location. The porch essentially follows the same line of the existing deck but is two feet wider, allowing a more functional area. Existing and proposed hardcover appears to be conforming. Not included in the applicant's calculations is the strip of the adjacent public right-of-way, Morton Lane. The channel, within Morton Lane, is actually an inlet of the lake that is very shallow and does not have regular boat traffic. The land area between the channel and the lot line is approximately 1,700square feet. It is the intent of the Shoreland Management Ordinance to provide screening of structures with vegetation as viewed from the water. It may be reasonable when considering a variance to the lakeshore setback to require that screening in the form of trees be provided towards the main body of the lake. Due to the nature of the inlet it has a negligible impact on visibility of structures. Staff recommended the Planning Commission recommend approval of the request with a condition that some sort of screening be provided to reduce the visibility from the main body water of the lake, this allows the applicant reasonable use of the property with minimal encroachment into the existing nonconforming setback. Staff also referred to a letter received from the DNR which included the following comments: 1. Hardship must be demonstrated. The current structure on the property approaches to within 42' of the OHW of Lake Minnetonka. The proposed three-season porch should not approach any closer to Lake Minnetonka than the current structure, and the size of three-season porch should be minimized as far as possible. Currently, no screening vegetation exists between the structure and Lake Minnetonka. If hardship is demonstrated and a variance is approved, we recommend that vegetation be planted that will screen the proposed structures from view on Lake Minnetonka. Certificate of Survey for Lance Anderson in B~ocks 1 and 2 Rearrangement of Block 10, Abraham Lincoln Addition to Lakeside Park Hennepin County, Minnesota Y I.~qa 1 ~c~cript_i on ~i~at [mm~ of Lots 1 ~ 2, Block 2, and bots 3 and 4, Block l, and of vacated Lin=el Street, and of the vacated Alley as platted bet~_n Lots 1,2,3,4 and 12 of .~aid Block l, Rearranq~t o£ Block $0, Abraham Lincoln Addition to lakeside Park, c~ibed as follows: f~ginning at the point of intersection of the Northwesterly line of said Lot 2, Block 2, with a line drawn parallel with and 75 feet North of the North line of ~ 4 of .~aid Block 2, as m~asured at right angles to said North line; themce runnin~ Northeasterly along the North~sterly line of said Iz>ts 2 amd 1, ~lock 2 , to the most Northerly corner of said lDt 1; thence running .qoutheaster].y along t}~. Northeast- erly line of said Lot 1, Block 2, an~ its extension thereof to the most Nortl~erly corner o£ said Lot 3, Block 1; thenoe continuing Southeasterly along the NorTheasterly line of said Lot 3, Block 1, to a point which is 82.5 feet Southea.~terl.y fr~m the mo~t No~thor]¥ c~rner of said Izfc l, Block 2, as measured along the Northeasterly lines of said lot 1, Block 2 and Lot 3, Block 1; thence running Southwesterly 106 feet ~Dre or less to a point in a line dra~ parallel with and 75 feet North of the North line of Lot 4, Block 2, extended, North line, said point also being 15 feet East as ~asurcd at right angles fr~m the East li~e of Laurel Street; t~ running West parallel with the North line. of said for 4, Block 2, to the point of beginning. ~is survey shows thc loc~ation of an existing t~nuse and docks and [~r~nd additions thcr~. It ~ not purport to show any other improv~nts or o: iron marker found 2/27/ 3" Planning Commission Minutes February 13, 1995 Hanus questioned why a porch larger than the existing deck should be allowed? He noted that in the past the Commission has used a maximum 10' dimension for similar variances. Staff confirmed that the proposed porch is 12' deep, and the existing deck is 10' deep. Voss questioned what guarantee they would have that the required screening would remain? He also questioned the hardship. Staff noted that the additional encroachment is minimal. Mueller noted that a porch consisting of walls and a roof has a greater impact than a deck, and he also feels there is a better location on the lot for the porch and the deck could remain in its present location. Mueller was excused from the meeting. MOTION made by Surko, seconded by Voss to recommend denial of the variance as there is no hardship, and the porch encroaches further into the setback than the existing nonconforming deck. The Commission expressed a concern that the applicant is not present to discuss a solution to this request, and noted that if it is denied the applicant would have to make a new application to be heard again. Surko confirmed that the applicant has not had the opportunity to discuss the proposal with the Building Official. MOTION WITHDRAWN by Surko and Voss. Voss commented that he agreed to withdraw his motion because it does not appear there would be enough votes to support it. MOTION made by Clapsaddle, seconded by Hanus to table the variance request. Motion failed 3 to 3. Those in favor were: Clapsaddle, Surko, and Hanus. Those opposed were: Voss, Michael, and Crum. MOTION made by Voss, seconded by Michael to deny the variance request due to lack of hardship and because the proposed porch encroaches further into the setback than the existing nonconforming deck. Crum commented that she is against denial, even though she feels the applicant should be present, and that the recommended conditions within the staff report adequately address her concerns. Clapsaddle commented that the Commission has historically been very helpful in resolving problems with a project, but it is difficult to do when the applicant is not present. Voss commented that the Planning Commission has had a tendency to go beyond their role in assisting applicants with altering their plans in order to receive favorable recommendations. MOTION to deny carried 5 to 1. Those in favor were: Clapsaddle, Voss, Surko, Hanus, and Michael. Crum Opposed. This recommendation will be heard by the City Council on February 28, 1995. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-o620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of February 13, 1995 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~r~.~.~ ~',~ , Variance Request Lance B, Anderson 95-04 5220 Lynwood Blvd., Part of Lots 1 & 2 in Block 2, and Part of Lots 3 & 4 in Block 1, Rearrangement of Block 10, Abraham Lincoln Addition to Lakeside Park, PID #13-117-2431 0070 R-2 Single Family Residential BACKGROUND: This property is located in the R-2 Zoning District which requires a minimum lot area of 6,000 square feet, lot frontage of 40 feet on an improved public street, a front yard setback of 20 feet to the south, a 10 foot side yard setback to the east, and a 50 foot setback to the lake, According to City Council Resolution #86-173, this property was granted a variance to construct the existing structure that recognized the hardship of the inadequate street frontage. The requested variances are listed below: EXISTING/PROPOSED REQUIRED VARIANCE FRONT 15' +/- 20' 5' +/- SIDE (E) 10.3' 10' N.A. LAKE (W) 39' 50' 11' LAKE (S) 45' 50' 5' printed on recycled paper Staff Report Anderson - #95-04 Page 2 The applicant is seeking variance approval to construct an ~ x 20' porch in the location of an existing lakeside deck. The deck is to be moved around to the east side in a conforming location. The porch essentially follows the same line of the existing deck but is two feet wider, allowing a more functional area. Existing and proposed hardcover appears to be conforming. Not included in the applicant's calculations is the strip of the adjacent public right-of-way, Morton Lane. The channel, within Morton Lane, is actually an inlet of the lake that is very shallow and does not have regular boat traffic. The land area between the channel and the lot line is approximately 1,700 square feet. COMMENTS It is the intent of the Shoreland Management Ordinance to provide screening of structures with vegetation as viewed from the water. It may be reasonable when considering a variance to the lakeshore setback to require that screening in the form of trees be provided towards the main body of the lake. Due to the nature of the inlet it has a negligible impact on visibility of structures. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the request with a condition that some sort of screening be provided to reduce the visibility from the main body water of the lake, this allows the applicant reasonable use of the property with minimal encroachment into the existing nonconforming setback. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on February 13, 1995. Planning Commission Date: City Council Date: Distribution: ~ "Z'~-'~5 City Planner City Engineer Other VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Public Works DNR JAN 2 5 1995 ooz/ Application Fee: $50.00 Please type or print the fonowing information: Address of Subject Property . Addition Zoning District Owner's Name Owner's Address Use of Property: Applicant's Name (if other than owner). Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ~ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application (11/93) Page 2 Case No. Do thc existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested (or existing) VARIANCE Front Yard: ( N~E W ) o.O0' ft. ]4, (/~' ft. ~ :4 ft. Side Yard: ( N S (~)W) ft. IC~, % ft' o~' ft. Side Yard: ( N S E(~ ) ft. ~ ' ft. ff. R~ Y~d: ~S ~ ~ ' ~. ~ ~ t ~. ~ ' ft.~ ~0Po~ ~eside: ( N S ~ r ft. ~' ft. }~ ' ft. ~~ · (NS~ ft. ft. ft. S~t Frontage: ft. ft. ft. ~t Size: sq ft sq ft sq ~ H~dcover: sq ft sq ft ~ sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (), No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage ( ) existing situation ( ) too shallow ( ) shape ( ) other: specify Please describe: Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes ~, No (). If yes, explain: e Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~5{. If yes, explain: o Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (~. If no, list some other properties which are similarly affected? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature Date Date CIT~ OF MOUND HARDC0VER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) 1 PROPERTY ADDRESS: OWNER'S NAME: ~_ LOT AREA /~ , Co 70 SQ. FT. X 30% LOT AREA SQ. FT. X 40% = (for all lots) .............. I .3 FO / I = (for Lots of Record*) ....... I I LOT AREA SQ. FT. X 15% = (for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE DETACHED BLDGS (GARAGE/SHED) AREAS(,,,~IDFW A LK.,.%.~~ ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover LENGTH WIDTH SQ FT ~ x %G = 11 9.~, x ~5, 33 : ~/.~ TOTAL HOUSE ......................... X = X = TOTAL DETACHED BLDGS ................. .3 x~.~ = $ x/¥ : TOTAL DRIVEWAY, ETC .................. X = X = X : TOTAL DECK .......................... X = TOTAL OTHE~ ......................... 2,.,,-/o TOTAL HARDCOVER / IMPERVIOUS SURFACE VER (indicate difference) ............................... PREPARED BY C J3 ~,.c.~/7'/,-"'~-~ /)'~ j~ DATE I (:ortificate of Surve,/ in l{Iock.~ 1 ant] 2 I<,~arrang~ment oi U[uck lO, Abraham hincoln Addition to hakeside Park Y / / / / / / I I 'Ihat Dart of Lots ] and 2, Block 2, and l~3L:{ 3 and 4, Bkx~k 1, arid o[ wl(:,ltc~] laurel Strut, anti of the vacat~ ~ley as platt~ [~t~n ~ts ~ ,2,3,4 and 12 of said Bl~k 1, R~rrang~nt of Bl~k ~0, ~r~ binco]n ~dition to Iakeside Park, descri~ as folly: ~inni~ at the [~int and 75 f(~t ~ ol t~ ~rth line o[ IDt 4 ol said Bl~]k 2, as ~am]r~ at right ang]es ~h hne; ~ ru~]nq Northeasterly a]onq the ~rth~sterly line of said ~ts 2 a~ 1, Bl~k 2 , to th,~ ~st ~rther]¥ cx~rner of said let 1; tho~co runninq ~)uthoaster]y a]onq tho ~rthoast- i~t ~. EHx:k [; th,'hc,, c~]n~inuinq ~u~h~a~d, orly a]onfl Lh~, ~)rth(,a~.;I,,l ly lin(' ~)~ ~'lid ]~1 {, Rl~k 1, tu .~ [~znt ~lich ~s 82.5 ~t Hout.heasU,~]y h:'(~n the ~:~t ~)I-Lherly (x)[nc* o[ sdid [~t 1, Bilk 2, as ~s~ along the ~rtheasterly ]ine~ of ~id lot 1, l%]~k 2 and ~t 3, Bl~k 1; theno r:mning ~uth~ster]y 106 fi~]t n~re or ]ess to a I~)int ~n a ~ ine dra~ [~nra]]e] with and 75 l~.~:r ~h of th, 3 ~rth linc of [~t 4, Rk~3k 2, cxh,nd(~], as l~,asur(xl n~ right anglos to said ~h l~nc, said ~znt also ~ing 15 [u~t [~st as ~surc~ at riqht a~les [r~ the ~ure~ Strut; t~nce r~ing ~st ~rallel w~h ~ ~rth ].i~ of ~aid ~t 4, Bl~k ~int of ~i~ing. ~1i~ au~ey s~ t~ ]~ation of an existJnq }~u~ a~ decks a~d l)ro[~s~ additions t~r~n. t% d~s not ~rt to sh~ any other ~rov~nts or encr~c~nts. o: iron ~3rker fou~ I hk'rd~v ccrlllv Ih,fl Ihi~ ~,tlrvey ~,',~ ~rcp,~r&,d vi~bn, .md Ih,ti I ,m~ ,~ duly rt'~bt~'.'d CMl I~.~i.,'*'. the t,m'~ ,,I th,' ~1,11,' .l' DAli ~S-/O. ' I Certi£icate of Survey for Jean I. Gra££ in Blocks 1 and 2, Rearranger~nt cF Block lO, Abra~mm Lincoln Addition to Lakeside Park No,t¼ W,,k tlennepin County, ~nn. t05.~ ' 'Scale: Date : 1" = 50' 2-2-82 ~)LW D. 271 November 25, 1~86 RESOLUTION NO. 86- 173 RESOLUTION TO APPRovE A VARIANCE TO ESTABLISH A. BUILDABLE LO.T FOR PART OF · LOTS 1,2,3 &'q, IN BLOCKS 1.AND 2, REARRAN[;EHENT OF BLOCK 10; ABRAHAH LINCOLN ADDITION TO LAKESIDE PARK- PID # 13-117-2q'31 OO70 ... '-' P & z CASE 'NO.. 8 -55q · ~lEREAS,'Jean'.Graff, owner of property described as a lot In Blocks I and 2, .Rear. rabgement.of Block 10,.Abraham Llncoln Addition to Lakesld&: Pa~k, has applled for a va'rlan6e'to"'.establlsh a ~q,000+_ square foot parcel as a ' bull.dable, lot' since the parcel currently does not front on a'pubilc .right-of- Bay; and '' " .. " ' ' WHEREAS; the Hound Clty C'.ode requires all lots to contain frontage on ~ publlc r.-.[~h~-of-~ay;.and ' ' · ..WHERF~, the P1annlng Comm[ssion'.revie~ed..the request .~nd reco~nended. 'granting the"'va.r'1ance due to the 'fact 'that the C'ity of Hound previously vacated-Laurel Street 'Which pro'~d~'d acces~ to the p~rcel thereby-establlshln! hardship .under~'Section 23.506.1 of the i~und .Zoning Code:. .. · .: NOW, THERI~FORE, Bi~' IT RESOLVED~ the Council of the Clty .o~ Hound~ Hinne s0ta,, does 'hereby grant tH& varlance'sb~ject to revie~ of'the proposed ess' ment by the City Attorney I~o provlde access-to Clty utillt'ies fSr:.- . That oart of 1 and 2, 2,' ard' Lots 3 · vacated Laurel Street, and of the ~acated ~2-foot .e..~ey as. platted Bet~'een Lots. 1., 2, ~ ~,.a~l ~12 o£ ~aid BLock :L, Rearrangeaent of · Block lO, Abraham Lincoln Addition to 'Lakeside P~rk, described as '" follows.. Beginming at the point of inte. rsection ~f'the' Eorthve's~rl~ line of said Lot 2, Block 2, with a line dr~ parallel ~ith and feet 2~orth of the North .line of' Lot 4 o~ said ~lock 2, as measured at. ri.gh.t angles to sgid North lin~; thence running Northeasterly 'along th. NortH¥~ster. ly ~ of said .Lots 2 and 1, P~loch 2, to the most Northerly corner of said' LO2'i; thence running 'Southeasterly along ° the .'~orthea~terly line of said ~ot 1, Rlock 2, and its' e..-tension thereof to the most. Northerly co~n-.r o£ ~.zid Lot 3, ..~1oc2 !1 thence" continuing Southeasterly' along the. ~ortheasterly line of ~aid Lot Block..l~ to a point vhich is 82.~ feet'Zoutbe-_ster!y fr~..~ the most · Northerly corner o£ sa~d.. 'Lot 1, Plo:k 2, 'as :masured alone th~ North-- easterly lines of Said Lot 1, ~lock 2, ar~ Lo~ 3, Rlock 1; thence running Southwesterly 1~6 feet more o-- less to a ooin% in a line : dra~m parallel with and 7~ feet [~orth of t~m North ~ine of Lot 4, P_loc2 2,. extended, as =easured at right ~ngles to said .~orth line, · said point, also being Z5 feet F~.gt as meas~ed at right angles from the East line of ~aurel ' · $~reet, thence running West parallel vith the North line of said Lot 4, Elock 2, to the point of begi. nr. Ln~, a/50"foot Setback at west, 50 foot setback at north,' 10 foot setbacks at east and south property lines from the pr~n.c~pal structur~ ~rovSd|ng two off s:reet park|ng stalls. Public Works shall approve ut|llty connections 132 · .May 26, 1987 RESOLUTION NO. 87-108 RESOLUTION AMENDING RESOLUTION ~86-173 TO ALLOW A 39 FOOT SETBACK TO THE ORDINAR~ HIGH WATER' HARE AT THE WEST PROPERT~ LINE WHEREAS, the City Council adopted Resolution #86-173 on N~vember 25, 1986; and WHEREAS, part of this resolution read "... with a 50 foot setback at west, 50 foot setback at north, 10 foot setbacks at east and south property lines from the principal structure providing two off street parking stalls."; and WHEREAS, Mr. Rodrigue was present and explained that he has already dug the basement and positioned the house in a placm that he thought was 50 re'et from the 6hannel.,.but it turned out it was only 39 feet from the channel. NOW, THEREFORE, BE IT RESOLV'ED that the C{ty Council of the City of Mound, Minnesota,. does hereby approve the following amendment to Resolution #86-173 to read, in part, as follows: "...with a 39 foot setback to the ordinary high water mark at the west, 50 foot setback to the ordinary high water mark at the north, 10 foot setbacks at each and south property lines from the principal struet, ure providing two off street parking stalls." (See Exhibit "A" new amended Resolution #86-173). The foregoing resolution was moved by Councilmember Johnson and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Ma/y o r ~ - 'Attest: City · Clerk GENERAL ZONING INFORMATION SHEET ADDRESS: Z~NE: I REQ. LOT AREA: I EXIST. LOT AREA: REQUIRED S~BACKS ..PRINCIPAL B.UILDING/ I-I_OUSF ~ ,,' FRONT: N(/~)E W ¢'~ '~O FRONT: SIDE: N SIDE: N N s E(W_.) LAKESHORE: ~ 50 {~easured from TOP OF BLUFF: ~ y~/d:::~ O.H.W.) ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: N S E W . 4' or 6' REAR: N S E W 4' LAKESHORE: ,50' (measured from O.H.W.J TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BJJILDING/HOUSE~ ,.,,,,-"~, I, · FRONT: FRONT: N ~-~',,,F~-~W ~' ' SIDE: N SIDE: N S~ W - - LAKESHI TOP OF BLUFF-. FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: ACCESSORY BUILDING/GARAGE/SHED IS THIS PROPERTY CONFORMING? YES~_N~,~? This General Zoning Information Sheet only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 472-0600. I~VD · -1 ; Q.,: PROPOSED RESOLUTION #95- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING DETACHED GARAGE TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 5001 SPARROW ROAD LOTS 1, 2, 3, 4, & THE NORTH 11 FEET OF LOT 5, AND LOT 9, BLOCK 2, LINDEN HEIGHTS ADDITION PID #13-117-24 13 0027, P&Z CASE #95-05 WHEREAS, the owners, Steve and Lauree Fegers, have applied for a variance to recognize the existing nonconforming detached garage, as shown below, to allow construction of a conforming deck EXISTING REQUIRED VARIANCE FRONT (W) 19.3' 20' 0.7' SIDE (S) 2' +/- 4' 2' +/- and; WHEREAS, this property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to the property lines abutting all three streets: Hillside Lane, Sparrow Road, and Heron Lane; and a side yard setback of 10 feet to the south. WHEREAS, this site is conforming to impervious surface requirements and the dwelling is fully conforming to all setbacks, and; WHEREAS, Planning Commission unanimously recommended approval of the variance to recognize the existing nonconforming setbacks to the accessory structure as the deck addition is a reasonable use, and enhances the use and function of the property without any further encroachment or increase in the nonconforming status. The existing accessory structure is in good condition and it is not likely to be removed at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance recognizing the existing nonconforming setbacks to the detached garage resulting in a .7' front yard setback variance and a 2'( +/-) side yard setback variance, to allow construction of a conforming deck addition. Proposed Resolution 95-05, Variance - Fegers Page 2 Se The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of conforming deck. This variance is granted for the following legally described property: Lots 1, 2, 3, 4, & the North 11 feet of Lot 5, Lot 9, Block 2, Linden Heights Addition. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION FEBRUARY 13, 1995 CASE #95-05: STEVE AND LAUREE FEGERS, 5001 SPARROW ROAD, LOTS 1-4, 9, & N. 11' OF 5, BLOCK 2, LINDEN HEIGHTS, PID #13-117-24 13 0027. VARIANCE TO CONSTRUCT A DECK. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to the property lines abutting all three streets: Hillside Lane, Sparrow Road, and Heron Lane; and a side yard setback of 10 feet to the south. This site is conforming to impervious surface requirements. The dwelling is fully conforming to all setbacks. The existing accessory structure is nonconforming to setbacks, as shown below: EXISTING REQUIRED VARIANCE FRONT (W) 19.3' 20' 0.7' SIDE (S) 2'+/- 4' 2'+/- The applicant is seeking variance approval to construct a deck addition as shown on the survey. The proposed construction is fully conforming to the ordinance. Staff recommended the Planning Commission recommend approval of the variance to recognize the existing nonconforming setbacks to the accessory structure as the deck addition is a reasonable use, and enhances the use and function of the property without any further encroachment or increase in the nonconforming status. The existing accessory structure is in good condition and it is not likely to be removed at this time. MOTION made by Voss, seconded by Crum to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on February 28, 1995. CITY OF MOUND ..STAFF REPORT 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of February 13, 1995 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~, Variance Request Steve and Lauree Fegers 95-05 5001 Sparrow Road, Lots 1-4, 9, and the N. 11' OF 5, Block 2, Linden Heights, PID #13-117-24 13 0027. R-1 Single Family Residential BACKGROUND: This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to the property lines abutting all three streets: Hillside Lane, Sparrow Road, and Heron Lane,; and a side yard setback of 10 feet to the south. This site is conforming to impervious surface requirements. The dwelling is fully conforming to all setbacks. The existing accessory structure is nonconforming to setbacks, as shown below: EXISTING REQUIRED VARIANCE FRONT (W) 19.3' 20' 0.7' SIDE (S) 2'+/- 4' 2'+/- The applicant is seeking variance approval to construct a deck addition as shone on the survey. The proposed construction is fully conforming to the ordinance. printecl on recycled paper Staff Report Fegers - #95-05 Page 2 STAFF RECOMMENDATION Staff recommends the Planning Commission recommend approval of the variance to recognize the existing nonconforming setbacks to the accessory structure as the deck addition is a reasonable use, and enhances the use and function of the property without any further encroachment or increase in the nonconforming status. The existing accessory structure is in good condition and it is not likely to be removed at this time. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on February 28, 1995. VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: Distribution: / City Planner Public Works City Engineer DNR Other Application Fee: $50.00 Case No. q~~ Please type or print the following information: ............................... Address of Subject Property ~00[ ,~,(rO 't.~ i~d.) {'~0%]%d Lot~ i:2.:'3.q~,-N, I1 ~ce-e'~ of Lol-5],arct /_o+ q Block ~gDis~ct '~-{ U~of~o~: ori'~t~ ~i~l~ ~ami/v ~C~ Day PhoneS~'. 4~L-q~35 ~ree'. q~-t Soo Owner's Name Owner's Address Applicant's Name (if other than owner) Address Day Phone .hA Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ~no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): .~c~'or~ cf a ~n, ml dec~ on q:be..- ~.~. eoe-ner o(' h~e. %~-~os -C-rom ~','a~,~aw. 40 ' Variance Application (11/93) Case NO. Do ~e existing s~cmres compl ith ~1 ~m, height, bulk, ~d setback regula~ons for ~e zo~g disffict in which it is l~at~? Yes~ No ~ ~ no, s~i~ tach non-confoming use (describe r~on for v~ce r~uest, i.e. setback, lot ~m, etc.): SETBACKS: required requested (or existing) VARIANCE Front Yard:( N S E W ) Side Yard: ( N(~)E W ) Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N S E W ) :(NSEW) Street Frontage: Lot Size: Hardcover: '2_O ft. ft. ~ ft. sq ft sq ft sq ft sq ft sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use: o Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape soil existing situation other: specify Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No,~. If yes, explain: o Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ~ No (). If no, list some other properties which are similarly affected? 9. Comments: I ~ffi~ ~at ~ of ~e above statements ~d ~e statements con~n~ in ~y r~uir~ papers or pl~s to be submia~ herewi~ ~e ~e ~d accurate. I consent m ~e en~ in or u~n ~e premises descfib~ ~ ~is app~maon by ~y au~ofiz~ offici~ of ~e Ci~ of Mound for ~e pu~se of insuring, or of ~s~g, m~~g ~d removing such notices as may be r~uir~ by law. Applicant's Signature t .... Date~~. Date CITY OF MOUND HARDCOVER CALCULATIONS {IMPERVIOU~ SURFACE COVERAGE) )PERTY ADDRESS: OWNER'S NAME: LOT AREA 2~/z~. ~ LOT AREA ' ' " LOT AREA SQ. FT. X 30% SQ. FT. X 40% SQ. FT. X '15% = (for all lots) .............. = (for Lots of Recorde) ....... = (for detached buildings only) eExisting Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1, (see back). A plan must be submitted and approved by the Building Official. HOUSE DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decke (114" min. opening between boarde) with a perviou~ .urface under are not counted a. hardcover OTHER LENGTH WIDTH SQ FT ~'~.~ X ~- ~"~' = ~.~ /I' ? X I~3 = 1~.;' ?~ Z~ ~ X ~. ~ = I~- ~ TOTAL HOUSE ......................... TOTAL DETACHED BLDGS ................. TOTAL DRIVEWAY, ETC .................. TOTAL DECK .......................... X = TOTAL OTHER ......................... / /Z -5-.2¥ I TOTAL HARDCOVER I IMPERVIOUS SURFACE UNDER / OVER (indicate difference) ............................... PREPARED BY ~.) ~~~~~ DATE L~./~/,.. /o~ 5- J~' rz~['~ THE JOHI4 J. RYAN CO. 8[~'ALF. t INCH ..... 1595 SEt. BY AVENUE, S1, PAUL 55104 PLAT OF SURVEY o~ ~o~ o~_ ~/~//~ ~~ TEL[PHONE, ¢~ERTIFICATE OF LOCATION OF BUII~OI]qG that ,,,~ .......... ~_:~ 19 ...'.r.. i)I;Hi. (~r r~,l)~r[ was pr¢[)]fl,~ Ih,. laws of tile Slaty Of ~ililleso~. this ';titvey, plait, ur 'report w&~ prepJ~re(I h), file or under m~, dj,ecl supervision and thai ! am a dui)' Itegistered land Surt ey-r under the laws of the State of Mitmesota. ~ }"IAHVL'Y A. CAR'FWRIGHT 413G [-' I ~' "1' H HAROLD LOT :~ UI~ VEY S PLATTING Horton Ins. Inv. 2356 k.' 01-6 3~ 4~ & the North !! feet of Lot 97 Block 2~ Linden Heights Lot 5~ and add, t on cnner.,i.n Agenc County, lilnnesota " I GENERAL ZONING INFORMATION SHEET ADDRESS: SURVEY ON FILE? REQUIRED STREET FRONTAGE/WIDTH: EXISTING LOT WIDTH: REQUIRED SETBACKS ~ ~:._. REQ. LOT AREA: SQ FT LOT OF RECORD t NO / ? EXIST. LOT AREA: 2G, pRINCIPA/~BUILDING! HOUSF -- FRONT: ~ S ~ ~ ~t~a~ ~, SIDE: U~~ J~.~- ~ , SIDE: ~ ~ E W [ ~ = REAR: N~ E W ~ LAKESHORE: . 50' (measured from O.H.W.) TOP OF BLUFF: ACCESS~i~iY BUILDING/GARAGE/SHED . ~ - SIDE: N/~ 4_' ~-r 6' SIDE: ~ W ~4'~6' REAR: N ~ E W ~ LAKESHORE: 50' (measured from O.H.W.) TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: -PRINCIPA~BUILDING/HOUSE FRONT.~S E,,~,.~J;~lkrCl)l,~l 40' ~1' FRONT: N S SIDE: N S/E~W SIDE: ~W J REAR: N LAKESHORE: TOP OF BLUFF: BY: ~ ACC ES S.Q~_Y BUILDIN~HED FRONT( N~S E ~Y,,~ FRONT:""I~ s.EL~ SIDE: N ~ SIDE: N( S ~E REAR: N~E LAKESHORE: TOP OF BLUFF: DATE: J _~ This Gener oning Information Sheet only summarizes a portion of the requirements outlined in the City of Mound Zoni, Ordinance. For further information, contact the City of Mound Planning Department at 472-0600. ('D 0 I o o I- o o CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 1994 ANNUAL REPORT MOUND l~ IQUOR STORE FEBRUARY, 1995 I respectfully submit to you, Your Honor, Mr. Mayor; City Council Members and City Manager, my Annual Report on the significant activities concerning the Liquor Operations for the year ending 1994. For those of you who are newly elected officials and who may not know us, let me introduce myself and my staff. My name is Joel Krumm and I am the Liquor Operations Manager. I have been employed by the City of Mound for nearly eleven years. Previously, I was engaged in managing the Budget Liquor Warehouse store in Moundsview, Minnesota from 1979 to 1984. We were a major store in the Twin Cities area with annual revenues of over $3 million. I have applied those high volume sales techniques to our store which has resulted in significant increases in sales and profits. Besides myself, you have one other full time person working for you. Her name is Julie Clyne and her position is that of Assistant Liquor Store Manager. She does an outstanding job for me and in my absence I feel very comfortable that she will run the store according to my rules and wishes. Julie has held her current position for twelve years. Before that she was a full time clerk for four years. And prior to that she worked on a part time basis for six years. You can see that between the two of us you have many years of qualified experience. Other than us I have anywhere from six to eight part time clerk/stock personnel who, on an average, each work ten to twenty hours per week, primarily evening hours. They all perform their duties quite well and I would like to take this opportunity to commend them all. It should also be noted that I work closely with other City staff. In particular, Gino Businaro, Finance Director; Dee Schwalbe, Accounting Clerk; Gayle Burns, Accounting Clerk; Linda Strong, City Hall Receptionist/Secretary and of course Ed Shukle, my boss and your City Manager. With their help and expertise they have enabled me to run your operation with efficiency and professionalism. printecl on recycled paper Rather than bore you with the everyday mundane happenings at the Liquor Store, I would prefer to discuss with you what I believe are three major factors that contributed to our success in 1994. First, I want to talk about something that affected the physical appearance of the store. Secondly, I will get into an item that I introduced to the store in the fourth quarter of last year that has helped to generate additional revenues. Thirdly, I will provide for you an unaudited Financial Statement prepared by Gino Businaro this February for 1994 against the actual figures for 1993. PARKING LOT OVERLAY AND LIGHTING For many years the parking lot for the entire shopping center, including the parcel of land between Jubilee and Hardee's has been in disrepair and quite frankly, was an eyesore and also potentially hazardous to vehicles and pedestrians. In the early part of last spring the property owner for the center, Mark Saliterman, raised the possibility with all of his tenants, the need to completely redo the lot and to replace existing antiquated lighting with newer, safer and brighter fixtures. All agreed that this venture was long overdue. Of course, the concern for all of us was how much was this going to cost, since according to our lease under the Common Area Maintenance Agreement, each and every tenant is responsible for his or her share of such an undertaking. The best bid for replacing the old parking lot lights and adding more, plus the parking lot overlay, and the addition of new canopy lighting from Domino's to Jubilee came in at around $50,000. Our percentage for the center is exactly 10%. Therefore, we had to pay approximately $5000. It definitely was something that needed attention. Personally, I feel more things could be done around here to make it more attractive. But, for the time being, these changes should be viewed as an investment for us retailers. Our customers are not only pleased with the improved appearance, they also feel more comfortable about shopping with us, particularly at night. The only drawback to this project was that it was unforeseen when I was preparing my budget for 1994 back in June of 1993. I actually went over budget for one of the rare times that I can remember. Going over budget was primarily due to this unexpected capital outlay. However, in this situation, the pros definitely outweigh the cons. IMPLEMENTATION OF CREDIT CARD SYSTEM The coming of the "Information Super Highway" is at hand. I made the decision that it was time for us to jump on board and to take a ride down that road. When our busy 1994 summer was finished, I had the opportunity to check into several businesses that offered credit card systems. What prompted me to look into this is the relatively new "Debit Checking Cards" that banks are offering their customers where individuals may use these cares in lieu of their checkbooks. It works on a simple premise. If the funds are in their account, the amount of purchase is electronically withdrawn and is credited to the merchant the next day. We were getting enough requests that I decided it would be beneficial to install a system. Also, during the summer this area 2 receives many visitors from out of town and out of state. Rather than risk taking a check it is much safer to accept their credit cards, When Marquette Bank Mound began offering this service last summer, I moved on it. To start with I introduced the two basic major cards, Visa and Mastercard. The company who processes the transactions is Elan Financial Services. Their fee for new customers is roughly 3% on the total number of dollars transacted through them. This rate will be reduced to 2.5% if our volume reaches $25,000 in a one year period. The system was up and running for only the last three months of 1994. In those months, we processed 335 transactions totaling $10,274. At that rate, we will easily achieve the goal of $25,000 in eight months. Although, we have to pay a service charge for the system, there are two positive reasons for having it that have all ready paid dividends. First, if a customer is only carrying plastic and we did not accept credit cards, a sale is lost. Second, the average sale of a credit card user versus someone using cash is amazing. To date, the average sale for credit cards has been $30.66 compared to $13.02 for cash only customers. Thus, I see the introduction of this system as an enhancement for our business and not a necessary evil. If feasible, I will add Discover but probably not American Express. "So if you are boating, fishing, or merely recreating in the picturesque Lake Minnetonka Area, bring your Visa Card because Mound Liquor takes pride in their refreshments, but they don't take American Express". FINANCIAL STATEMENT COMPARISONS BETWEEN 1994 AND 1993 The last topic that I want to point out in my report has to do with sales and profits. Rather than go into a lengthy discourse why don't I provide you with the Financial Statements for 1993 and 1994. That way you can easily compare the two years. I believe when you see the bottom line, you will get a better understanding and appreciation of what was most significant at the Mound Liquor Store in 1994. Remember that the preliminary figures in the Financial Statement for 1994 are unaudited. In the past, the auditor's analysis and our Finance Director's analysis have always been very close to one another's. CONCLUSION Thank you very much for your time and attention. I will see most of you at the February 28th Council meeting to answer any questions you may have about this report or anything that involves the store. JK:ls 3 Other - Furl umutated TOTAL ASSETS Depr~ 1:0.4,902(!~i :t02,8:86 57,944 5:8,5414 347 $54,299 · 250,881 256,834 I33 SUMMARY ANAY$I$ OFiMOUNDMUNICIPAL:LIgUORiOPERa?iONS TOTAL. SALES Less: Cost of Goods Sold .I:,007:.~::5'45 ,175 339,.67.0 ri°Per ating Expenses Oper.at:~ng Income. NET ZNCOM~ BEFORE TRANSRERS 830: 4 MOUND POLICE DEPARTMENT ........ : . : "'. ii i' ::i:i:!::!i!!!i!!i!!!i!i!!!!:!!:ii::i:::::.': 'i '"':: · ::': :'i.':!!!:i: :i"'! :: "' · ! ::::::::::::::::::::: ' LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 February 17, 1995 EMERGENCY 911 Mr. Ed Shukle, City Manager City of Mound Mound, MN 55364 Dear Mr. Shu~e: Contained within the following pages is the annual report for the police department. The report addresses the budget, personnel, training, equipment, community education, statistics, and emergency preparedness. This year has seen a lot of changes in the department. Officer Lotton was assigned to the Southwest Metro Drug Task force in January. In March Officer Lotton was arrested on felony charges by the Mound Police Department. Officer Lotton was suspended, with pay, at that time. On April 24, Lotton tendered his resignation with the City of Mound. The department was short handed from mid January until mid November. The two factors causing the shortage were Sergeant Hudson being out on disability and Officer Ewald having shoulder surgeD.. In September, Sam Nelson was hired to fill the void created due to Sergeant Hudson's absence. Officer Nelson finished his field training in mid November and has been doing a fmc job. The department continued its relationship with the Southwest Metro Drug Task Force although no officer from the department was assigned to replace the slot left open when Officer Lotton was suspended. We continue to present the D.A.R.E. Program in the elementary school; with excellent community support. The budget expenditures were 1.6% under projections as of February 14, 1995. Part I and Part 1I offenses accounted for 1226 calls for service, up 9 % over 1994. Total contacts were down by 4%. The department continues to emphasize dedication to the community through the highest standards of service and through quality training for its employees. The department continues the "Citizen Comment Card" feedback survey. The cards are randomly sent to our service "customers". Sincerely, ey, Sergeant/Acting Chief MOUND POLICE DEPARTMENT VIII. TABLE OF CONTENTS I. Introduction II. Budget Administration III.Organizational Chart IV. Personnel V. Training VI. Equipment Community Education Statistics IX. Emergency Preparedness X. Southwest Metro Drug Task Force PAGE 1 2 3 4 11 13 14 16 25 26 I. INTRODUCTION The mission of the Mound Police Department is to provide protection and service to the people of Mound. Many of the activities of the police department are described and summarized in this report for 1994. MOUND POLICE MISSION STATEMENT: The Mound Police Department, through teamwork and cooperation, will be responsive to our citizens' needs with a professional level of dedicated service. Officers will display the highest integrity, and regard each citizen with a focused and unbiased attitude. Our citizens will determine our success. Much of how a police department is evaluated is based on statistics, as found in this report. Information for these statistics comes from intermal record-keeping and also from participation in the Minnesota Criminal Justice System (CJIS). In analyzing the crime statistics, several factors need to be considered: 2. 3. 4. 5. Population density Proximity to metropolitan area Population composition Population stability Number, sophistication, and development of police personnel The only area the police department has control in is the fifth category. The police department is consistently looking at ways to better utilize and train personnel to provide better service. This report is provided to highlight the most important area of police department activity and to be used as a gauge for evaluating service. The report includes some comparisons to past years and provides a tool for planning and activities in the years to come. BUDGET ADMINISTRATION The 1994 police budget will close out under ($17,924.00) projections. The final expenditures for the police department will amount to appro 'ximately $777,315.00. The percentage of expenditures breaks out as follows: Personnel $650.521.00 83.81% Insurance 33,548.00 4.32% Training / Travel 10,823.00 1.39% ( includes P.O.S.T.) Fuel / Repairs 22,505.00 2.90% All Other 59,918.00 7.58% TOTAL 777,315.00 100.00% Fund 60 (vehicles, weapons, $41,682.00 software, radar) Insurance costs were down, again, for the second year in a row. Personnel costs were up about 2% over last year. This was due to many factors; one officer being suspended with pay for approximately one month before he resigned his position, one officer being put on long term disability, and another officer being out on a medical leave for approximately 3 months. Despite these personnel issues, we were able to manage the over-time budget vc.~'y well and saved $1,332.00. Our training expenses were essentially the same despite P.O.S.T. reimbursements being cut, again, this year. There were no capitol outlay expenses and Fund 60 costs were up slight. The police department generated revenues of $53,648.00 from court fines and violations. Animal licenses and pick-ups accounted for $3,041.00 of revenue. Accident reports generated $1,268.00. Minnesota Police Pension and P.O.S.T. Board reimbursements totaled $60,710.00 and $4,723.00 respectively. The Southwest Metro Drug Task Force reimbursed the department $11,466.00 for an officer during the months of January, February, and March. We also received $3,448.00 from the school's crime levy for the D.A.R.E. Program. 2 IV. PERSONNEL Sworn Personnel: Chief of Police 1.0 Sergeants 2.0 Investigators 2.0 D.A.R.E. Officer .5 Patrol Officers 5.5 Total Sworn Personnel 11.0 Non-Sworn Personnel: Police Secretary. Part-Time Personnel: CSO 1.0 2.0 Total Police Personnel 14.0_ ( 1.3 FTE through 11-94 )* ( 13.3 FTE through 11-94 )* *FTE = Full Time Equivalent ( Not included in Total Police Personnel is Sergeant Hudson, who is out on extended medical leave ) 4 MOUND POLICE DEPARTMENT PERSONNEL ROSTER 1994 Chief of Police Leonard Harrell Patrol Se_~rgeant John McKinley Steve Grand Investigator / 1 Jai,qon Todd Truax Dan Niccum Patrol Officers John Ewald Darrell Huggett & Canine "Rainbo" Amy Christcnson Troy Denneson Jason Swensen Sam Nelson Police Secretary_ Shirley Hawks Community Service Office~ June Hyland Rick Maki .,P. olice Reserves Tom Berent Robin L/ljeberg Jesse Husby Diane Williamson Alan Ringate Molly Dvorak Sue Schebler In 1994, the police department dropped from twelve to eleven licensed police officers. This was duc to thc resignation of Officer Lotton. Officer Nelson was hired to f'dl the vacancy created when Sgt Hudson went out on medical leave in January 1994. Officer Nelson successfully fmished his Field Training Officer program in November and is now working a regular shift. He is doing a very good job and is expected to successfully complete his probationary period in 1995. Community Service Officer (C.S.O.) Hyland resigned in November leaving thc city with one part time C. S. O., Rick Maki. The department continued with regular evaluations of the police employees. In general, the officers have been doing a fine job in serving the community. There was some disciplinary action with individual officers and their conduct is being monitored. As previously stated, one officer did resign from the police department after being arrested and charged by the Mound Police Department on felony charges. There were five internal investigations initiated in 1994. Citizen Comment Cards In February of 1992, the department initiated a feedback system to solicit input from our citizens on how the police department is serving the community. The cards are randomly sent to citizens who have had a" call for service" contact. The rating system is on a four point basis; poor = 0 and excellent = 4. The department average for our overall service is rated at 3.42 based on over 184 responses. The rate of return is about 21%. Psychological re-evaluations were again given to two officers in 1994. The process, psychological testing for each officer every five years, continues. The department has maintained its involvement in the Southwest Metro Drug Task Force during 1994. Originally we had an officer, Lotton, assigned to the task force as an agent. The City of Mound was reimbursed for supplying the task force with that officer for the months of January, February and part of March. However, when Officer Lotton was arrested and charged by the Mound Police Department, that reimbursement was terminated. The communities involved in the task force are Chanhasserh Carver County, South Lake Minnetonka, St. Boni/Minnetrista~ Scott County, Shakopee, Chaska, McLeod county, and Prior Lake. See section X for the annual report of the Southwest Metro Drug Task Force. Officer Huggctt continues to work with "Rambo". "Rambo" earned a P.D. I certification through the United States Police Canine Association in 1994. 6 The Mound Police Reserves continue to do an excellent job for the community and the department. Sgt. Grand continued as the liaison for the reserves. Officer Denneson took over as liaison while Sgt. Grand was at the Southem Police Institute for three months and did an excellent job. Unit strength has dropped to seven dedicated volunteers in 1994. The Mound Police Reserves combined to donate a total of 2,692 hours. Child Protection cases accounted for 45 investigations in 1994. There were 13 criminal sexual contact cases reported. Total contacts were down 3.5 %. Part I offenses were up 12%, and Part I1 offenses were up 7%. Larcenies, burglaries, and vehicle thefts were up 18% in 1994. The investigators worked on several cases of sign/ficance during the year. Investigator Truax was involved in assisting the Hennepin County Attorney's Office in obtaining the placement of a sexual offender, who had sexually assaulted a neighborhood child, in the State Security Hospital for an "indefinite commitment" period. There were several reported parental kidnappings which involved multiple, interstate law enforcement agencies. All of the abducted children have been returned to their homes, unharmed, and the suspects are awaiting trial. There were two death investigations which required a great deal of investigatory time. One was determined to be a suicide and the second a crib death. Several juvenile offenders were caught and confessed to multiple thefts from boats docked on Lake Minnetonka in the city of Mound. Because this offense was their first offense, or because of their ages, the offenders were not charged. Restitution was, however, obtained for the victims and the offenders were diverted to Chemical Evaluation Counseling and/or the West Suburban Juvenile Offender Program. Another case involved a local woman wanting to give up her minor child after she assaulted the child. Complicating this case was a multinational jurisdictional question over the adoption rights of the child. Charges were sought against the woman, who failed to pick up her child from protective custody and fled the area. Investigator Niccum worked a criminal sexual conduct case involving a father who would provide drugs and alcohol to his daughter and her friends and later attempt to have sex with them. Charges are pending. The investigation of the tires on several police cars being slashed resulted in the an'est, and charging, of a local male party. The male party pled guilty to one of the incidents and is awaiting trial on the second incident. The in-car video camera assisted in identifying the suspect in one of the tire slashings. 7 Three male juveniles were responsible for the theft of numerous items, including a handgun, from parked vehicles around Mound. One of the juveniles stole a car and was later involved in a traffic accident with the stolen car. All suspects are awaiting trial at this time. The burglary of a school, where some video equipment was taken, was brought to a successful conclusion when the two juvenile male parties confessed to the burglary. Charges are pending. Officers and staff used a total of 731 days of benefit time during 1994. The time off included approximately 193 vacation days, 142 holidays, 70 comp days, and 326 sick days. Sergeant Hudson accounted for 191 days of sick time and Officer Ewald accounted for another 77 days due to shoulder surgery. Officers earned 616 hours of comp time and 823 hours of overtime during the year. MOUND POLICE RESERVES ANNUAL REPORT The Mound Police Reserves donated 2,692 hours to thc City of Mound in 1994. The unit dropped during the year from 14 members to 7 members. The drop in membership was due, in part, to members either moving out of the Mound area, or, in one case, the member becoming a full time licensed police officer for the City of Mound; Sam Nelson. The police reserves assisted in prov/ding the following security services and / or police back-up at: Emergency call outs Reserve squad - house checks High school dances Hockey and football games Mound City Days EFCE Public Safety Days Rotary Dinner for 100 Officer Friendly assists Westonka Homecoming parade Westonka senior overnight party Incredible Festival Child finger printing Halloween and "Kiddie" parades Christmas Tree lighting Our Lady of the Lake Marathon Memorial Day Parade Mound Westonka High School Graduation Fish Fry Traffic Direction (emergencies) Transports Recycling Drop Off Crime Prevention D. A. R. E. assists The Mound Police Reserves received training in first-aid and CPR, defensive tactics, and new officers attended the Hennepin County Reserve Officers courses. Finances_ _ : The reserves continue to raise their own funds and are predominantly self- sufficient. The Emergency Preparedness budget also contributes funds to the maintenance of training and equipment for the police reserves. The police reserve account has about $4,200 .in balance including the reserve dance escrow .account. Again, in 1994, the severance fund encumbrance is relatively low due to the change made in the disbursement of those funds. The reserve officers now receive a check in December to cover any expenses which they incur during the year. Thc reserve officers also purchased two new TREK police bicycles for the police department. The bicycles will be used at special events, such as Mound City Days, and for patrol in areas better served by such means of transportation. The bicycles are specially set up for police work and several officers have shown an interest in working this type of assignment. 10 TRAINENG The police department attempts to provide training on a continual basis to maintain its effectiveness and efficiency. Modern law enforcement is an ever-changing environment that requires the development of special skills and necessitates officers keep abreast of recent changes in job relevant statutes and procedures. High standards of excellence are accomplished by the police department when extensive training can be offered to both officers and staff. Police personnel attended the equivalent of 151 days of training in 1994. Sergeant Grand attended the Southern Police Institute which accounted for 60 days of training. _Courses Attended Firearms Training / F.A.T.S. Wilson Supervisory Leadership Training Canine Training Use of Force Southern Police Institute Retraining Conference First Responder Emergency Medical Technician Side-handle Baton IACP National Conference Intoxilyzer Refi-esher D. A. R. E. Instructor/Refresher Pursuit Driving Spring Chief's Conference Defensive Tactics - PPCT Hazardous Materials Crime Prevention Criminal Information System Emergency Preparedness Juvenile Officers Institute Sexual Harassment Community Orientated Policing / Profiling / Stalking Legislative Update Southern Police Institute Administrative Officers Course Federal Emergency Management Administration Spring Conference Emergency Preparedness Policing in the 90% League of Cities Tra'ming ll Courses Attcndcd - cont. Success 94 Minnesota Animal Control Association Annual Conference U. S. West Caller I. D. Standard Investigations Minnesota Sex Crimes School Minnesota State Juvenile Officers Association Deadly Consequences Major Case Coordination Humane Society Training Workshop 12 Two new vehicles were purchased in I994. The vehicles were purchased through the county bid process and are Ford Taurus police package vehicles. We have a total of five Taurus that are covered by the manufacturer's warranty and the Blazer was covered by warranty until 02- 01-95. We purchased two more in-car video cameras in 1994. In 1995 we will be purchasing an additional in-car video camera system for the Blazer. This will mean that all marked squad cars will be equipped with the in-car video 'cameras. The cameras .have been. used on numerous occasions by the department, and the city's legal representative, to assist in court proceedings or to clear officers of allegations of misconduct resulting fi.om citizen contacts. A new radar was purchased to replace an older model that was no longer functioning properly. Two new Preliminary Breath Testing (PBT) instruments were purchased to replace PBT's that were no longer functioning properly. 13 COIVIMUNITY EDUCATION / SERVICE The department has stayed involved with the community in a variety of activities in 1994. The following is a brief description of the activites. Crime Prevention During the year Officer Ewald stepped down as crime prevention officer and Officer Christenson took over this very important position. Officer Chirstenson has been conducting neighborhood meetings and developing block watches. Presentations and security evaluations have been done for local banks and businesses. House Checks The police reserves provide a service of checking periodically on out-of-town resident's homes when notifi, cation has been provided to the police department. Westonka Intervention Program The police department continues to work closely with the interventions program to assist families that are victims of domestic abuse. Department Tours The police department has conducted a number of tours of our facility for Cub Scouts, Brownies, and on special requests by schools, etc. Demonstrations / Presentations The police department has been involved in a number of public presentations ranging from canine demonstrations to talks about safety with day-care students. The police department has talked to groups concerning drugs, gun safety, vehicle safety, DWI, and personal safety. Fingerprinting The department provides a service of fingerprinting individuals as may be requested. This includes both children and adults. Mound Ci_ty Days The department was very involved in this year's celebrations. Security was provided for the parade, the "Around Mound Run", and the fireworks. 14 D.A.R.E Program Drug Awareness Resistance Education has been implemented at Shirley Hill.q Elementary School, Grandview Middle School, and Our Lady of the Lake school. The 17 week programs is taught to all 5th grade students and we have expanded into the 1st and 3rd grades with a 5 week program. Westonka Communi[y Action Network The department has been actively involved in assisting the task force in defining area problems and developing a network for assisting needy individuals. Thc department has been designated as a resource for emergency "vouchers" for the County. Homecoming Parade The department assisted the high school with setting up a parade ronte and then provided security for the parade. Halloween Parade Provided security for children during the parade. Around Mound Run Security was provided for a 5 mile mn and two walking courses last year. Oflic~ Elementary school presentations for child safety. public Safety Days -The police department cosponsored a public safety open house with Early Childhood & Fanfil3r Education. Children were fingerprinted. observed safety presentations, and were able to view police, fire, and medical equipment. Advisor~ Councii~ Members of the departmem are involved in several advisory councils that meet periodically. difforen! 15 rm. STATISTICS This section of the report analyzes the statistical portion of the annual report. Most of the statistics comes from tabulating the information from Initial Call Reports ( ICR'S ), informational reports, and traffic citations. The total number of ICR's in a year is useful for comparing the level of activity of the department relative to previous years. It also allows for comparison between personnel changes and activity levels. Some reporting changes were made in 1986 to alleviate statistical duplication that was found in the previous system. TOTAL INCIDENTS PER YEAR 1987 THROUGH 1994 hEAR TOTAL INCIDENTS / MONTH 1987 13,445 1,120 1988 15,582 1,298 1989 14,559 1,213 1990 13,680 1,140 1991 13,207 1,101 1992 13,578 1,130 1993 16,897 1,408 1994 16,239 1,353 1994 reflected a decrease in total contacts of 4%. This was due in part to a change in the reporting system regarding arrests and releases after being issued a citation. The serious incidents of crime reported to the police department are categorized into Part I and Part II Offenses. Part I Offenses: Part I Offenses include major crimes such as homicide, criminal sexual conduct, robbery, assault, burglary, larceny, vehicle theft, and arson. Although Pan I Offenses arc a small percentage of reported crimes, it is these crimes that demand the most attention from the police department in terms of investigation and commitment of resources. 16 Part II Offenses: Part 11 Offenses include the crimes of forgery, child abuse / neglect, vandalism, stolen property, sexual misconduct, weapons violations, narcotics violations, liquor violations, DWI, simple assault, domestic assault, embezzlement, harassment, public peace, juvenile status offenses, and other violations. Thc clearance rate for combined Part I and Part 1/Offenses was 52%. Part I Offenses were up 12% and Part ri were up 7% compared to last year. Burglaries dropped by 21%, larcenies increased by 21%, and arson by 20%. Criminal sexual conduct cases were down 50% and child protection dropped by 20%. Our combined clearance rates decreased by less than 1%. Part I and Part I1 Offenses area the incidents that necessitate the most time and effort from the police department. Initial call time is greater in gathering pertinent information at the scene and the greatest amount of investigation and follow-up is dedicated to these types of crimes. Traffic Offenses: Traffic Offenses include both moving and non-moving violations. An examination of the number and percentage of traffic stops, as part of fiae total number of incidents, allows one to determine the degree to which vehicular traffic and pedestrian movement affects the department's work load. It should also be noted that the more visible that patrols are maintained, the more likely is the positive impact in deterring serious crimes. In 1994, traffic citations accounted for 1,548 police contacts, down 10% from 1993. Property damage accidents were up 24% and personal injury acc/dents were up 36% from 1993. There were 87 DWI arrests (up 16%) and of those, approximately 25% were repeat offenders for gross misdemeanor or aggravated violations. The average test was .16 blood alcohol content (b.a.c.). The highest reading was a .24 b.a.c.; the legal limit is. 10 b.a.c.. 17 Property: Property loses were valued at $307,$86.00 in 33%. 1994, up Child Protection: The department investigated 45 child protection cases for the year. These cases, and criminal sexual conduct cases, continue to be the single most time-consuming cases we handle. Domestic Dispute Cases: The department responded to 90 domestic situations; 40 with assaults. The number of actual domestic assaults decreased slightly, and the .total number decreased by 12%. Arrests: The department processed and booked 228 adults in 1994, down 13%. There were 40 adults charged for felonies, 515 adults charged with misdemeanors, 90 juveniles taken into custody for felonies, and 118 juveniles taken into custody for misdemeanors. Animal Complaints: The department responded to 1,508 ankmal and inspections complaint issues during 1994. This is down less than 1% from the 1993 total. 18 Run: 25-Jan-95 14:48 PRO03 Primary ISN's only: No Date Reported range: 01/01/94 - 01/31/94 Activity codes: At[ Property Status: At[ Property Types: Property Oescs: All Brands: Att Models: Alt Officers/Badges: All Prop Prop lnc no [SM Pr Tp Desc SN MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED A Prop type Totals: C Prop type Totals: D Prop type Totals: E Prop type Totals: G Prop type Totals: I Prop type Totals: J Prop type Totals: R Prop type Totals: S Prop type Totals: T Prop type Totals: V Prop type Totals: X Prop type Totals: Y Prop type Totals: **** Report Totals: Prop Date Rptd Stolen Date Recovld Stat Stolen Value Recov'd Value Page 8,1 O0 8,100 1,940 0 781 0 181 1 160 0 13,200 7,800 2~2,850 0 5,194 0 865 200 480 0 1,800 0 10 0 2,025 2,020 307,586 18,121 Ouantity Act Brand Moclet Off-1 Off-2 Code Assnd Assnd 4.000 3.000 1.000 10.000 0.000 3.000 3.000 79.000 3.000 1.000 1.000 1.000 4.000 113.000 19 MOUND POLICE DEPARTMENT YEARLY REPORT - 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 86 1 74 1 8 2 58 3 15 0 550 20 7 4 I 0 87 2 3 0 28 2 4 1 25 2 4 0 280 7 2 0 5 1 341 0 2 0 34 0 12 0 22 0 0 0 20 4 1,668 50 20 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor MOUND POLICE DEPARTMENT YEARLY REPORT1994 39 159 140 0 61 205 1 0 4 78 687 7 90 6 12 11 0 0 0 0 0 1 1 31 1 1 21 MOUND POLICE DEPA/~TMENT CRIME ACTIVITY REPORT 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 YEA}{ TO DATE 672 535 194 379 734 341 87 75 103 39 0 33 425 89 117 385 841 342 1,007 501 9,340 LAST YEAR TO DATE 702 702 171 307 1,263 346 73 58 78 25 0 61 328 45 86 338 782 399 1,518 9,564 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 16,239 543 462 45 146 111 16,846 538 328 76 177 7O 22 7o MOUND POLICE DEPARTMENT 1994 YEARLY REPORT O~'r~.NSES CLEARED EXCEPT- CLEARED BY AP.~ESTED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV P~LRT I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson TOTAL 0 0 0 0 0 0 13 2 4 4 3 0 0 0 0 0 0 0 5 0 1 3 1 1 50 1 5 7 3 8 264 10 27 45 16 75 48 3 0 6 2 4 5 1 1 0 1 0 385 17 38 65 26 88 PART II CRIME~ Child Abuse/Neglect 45 Forgery/NSF Checks 24 Criminal Damage to Property 148 Weapons 9 Narcotic Laws 34 Liquor Laws 50 DWI 87 Simple Assault 39 Domestic Assault 40 Domestic (No Assault) 50 Harassment 67 Juvenile Status Offenses 71 Public Peace 6 Trespassing 5 All Other Offenses 166 18 13 10 10 0 1 7 12 20 0 4 16 6 5 15 0 1 6 5 1 1 1 26 23 7 0 1 48 44 29 1 0 86 85 1 1 20 6 6 3 1 8 32 28 6 0 0 0 0 0 0 10 4 4 0 0 20 41 0 49 0 1 5 8 0 0 1 4 2 3 2 5 96 95 2 TOTAL 841 29 104 382 335 116 PART II & PART IV Property Damage Accidents 103 Personal Injury Accidents 39 Fatal Accidents 0 Medicals 342 Animal Complaints 1,007 Mutual Aid 146 Other General Investigations 9,340 TOTAL 10,977 HCCP 45 Inspections 501 TOTAL 12,749 46 142 447 361 204 23 MOUND POLICE DEPARTMENT POLICE/CRIME ACTIVITY REPORT Hazardous Citation Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Reported Cleared Arrests Made Part II Offenses Reported Cleared Arrests Made Medicals Animal Complaints Ordinance Violations Other Public Contacts 1990 1991 1992 1993 1994 1,082 835 710 702 672 340 280 323 702 535 74 32 138 171 194 333 341 421 307 379 1,503 1,273 1,143 1,263 734 381 468 569 346 341 97 79 63 73 87 71 52 44 58 75 74 98 86 78 103 21 33 22 25 39 0 0 1 0 0 61 48 62 61 33 590 404 426 328 425 50 21 56 45 89 206 115 91 86 117 322 378 354 338 385 112 91 131 122 120 91 55 96 92 114 767 694 732 782 841 498 438 441 473 515 401 331 441 324 451 371 325 300 399 342 887 1,105 896 1,518 1,007 - - - 501 6,280 6,503 6,983 9,564 9,340 Total Assists Follow-ups Mutual Aid 13,510 13,084 13,420 ]6,846 16,239 549 631 896 538 543 192 164 299 328 462 160 123 148 177 177 24 IX. EMERGENCY PREPAREDNESS ( CIVIL DEFENSE ) Thc Emergency Preparedness budget came in below budget this year. There were no major, unexpected expenses this year. Again, this year, hazardous materials continue to be a major concern for Emergency Preparedness. The city receives approximately $4,000 from FEIMA (Federal Emergency Management Association) in the form of a grant. We spent $3,750.00 for emergency preparedness in addition to salaries that are accounted for in the police budget. Most of the money allocated to Emergency Preparedness is used by, and for, the reserve unit. Thc reserve unit used a portion of its money to purchase two bicycles for the police department at thc end of the year. 25 X. SOUTHWEST METRO DRUG TASK FORCE Attached is the annual report of the drug task force in which we are a member. We believe the task force is doing an excellent job and deserves our continued support, the major drugs of use in our area continues to be marijuana, cocaine, and LSD. 26 SOUTHWEST METRO DRUG TASK FORCE 1994 ANNUAL REPORT SUMMARY 83 Cases were completed 115 Individuals were arrested 40 Search warrants were issued Counties where cases were completed Carver 22 Hennepin 22 Scott 21 McLeod 16 Wright 1 LeSueur 1 Of cases completed: 43 were Possession cases 27 were Sale cases 11 were Marijuana grows 2 were Manufacturing Methemphetamine $6,775.00 spent on purchasing controlled substances $815.00 spent on informants and obtaining information Controlled substances involved in total cases: MariSuana 48 cases Cocaine 16 cases Methemphetamine 10 cases LSD 6 cases Crack 1 case Mushrooms 1 case Codeine 1 case Cities where the controlled substances were purchased/seized: Hutchinson 10 cases Mound 9 cases Shakopee 8 cases Chaska 8 cases Chanhassen 5 cases Glencoe 5 cases 27 Prior Lake Spring Park Carver Credit River Twp Savage St. Boni Excelsior San Francisco Twp Minneapolis Jackson Twp Tonka Bay Belle Plaine Twp New Market Twp Penn Twp Waconia Twp Waconia Norwood Buffalo Eden Prairie Montgomery St. Louis Park 4 cases 4 cases 4 cases 3 cases 3 cases 2 cases 2 cases 2 cases 2 cases 1 case 1 case 1 case 1 case 1 case 1 case 1 case 1 case 1 case 1 case 1 case 1 case Forfeitures/Seizures executed 2 Firearms Currency $16,057.21 (15): Total income for Task Force: $279,341.67 Forfeitures that cleared and deposited after percentages were paid: $9,508.00 28 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 23, 1995 MAYOR, CITY COUNCIL AND CITY MANAGER I have enclosed the 1994 Annual Report of the Finance Department. The purpose of the report is to point out the financial condition of the City of Mound to the City Council, which sets the policies that direct the future of the City. The financial recaps included in this report provide you with a preliminary summary of the City of Mound's financial position for 1994. The year 1994 was a productive one in the Finance Department. I would like to thank the staff of the department for their hard work during this challenging year. I look forward to a productive year in 1995. Respectfully, Gino Businaro, CPA Finance Director printed~on recycled paper My first responsibility is the supervision of the Finance Staff. The current personnel in the Finance Department is as follows: TITLE STARTING DATE Gino Businaro Deloris Schwalbe Gayle Burns Joyce Nelson Finance Director Assessing Clerk Accounting Clerk Utility Billing Clerk 11-23-92 07-28-75 12-21-77 05-31-77 The finance staff should be commended for the teamwork and cooperation they have demonstrated in 1994. JOYCE NELSON Joyce handles the water and sewer billing process. We have approximately 3,260 residential accounts that are billed quarterly on a cyclical basis (the City is divided into three billing districts). In addition, there are approximately 125 commercial accounts that receive a bill every month. With this many customers to serve Joyce is kept quite busy. At the same time Joyce coordinates the various recycling programs. As an example of participation, for the month of October, out of 12,972 households, 8,255 had their recyclable set out. That is a 63% participation. The total materials collected for the year was 1,221 tons. Joyce also continues to assist Greg Skinner in public works with some of the paperwork and computer data entry as time allows. DELORIS SCI{WALBE Deloris does the special assessment searches of properties as requested by realtors, title companies or residents when a house in Mound is purchased. Deloris receipts any prepayments of special assessments and she notifies the County of the prepayment. During 1994 we collected $29,216 on prepayments for various special assessment levies. This money is invested to pay off the special assessment bonds when they become due. Deloris also is the administrator of the Metro HRA Section 8 Rent Assistance Program for Mound, as well as for Minnetrista, St. Bonifacius and Spring Park. Currently, there are 39 families in our area receiving Section 8 assistance. The City receives reimbursements monthly on a per residence basis. Deloris took over accounts payable duties in August 1991. She codes and enters into the computer all the invoices and pays city vendors for purchases of goods or services. In 1994 3,037 checks were issued for a total of $5,699,089. Deloris assists the utility billing clerk and the Building Department in their absence. GAYLE BURNS Gayle took over payroll duties in August 1991. She maintains and processes payroll every two weeks. All time sheets must be reviewed and entered into the computer, checks generated and reports printed. In 1994 1,460 payroll checks were issued to employees and 363 checks were issued for other payroll related purposes. Gayle also works in the following areas: Data entry for the financial system distribution to departments and monthly report Computer back up's and year end closing of Finance and payroll applications Miscellaneous receipts and receivables Employees benefit enrollment, changes to benefits and related requirements Miscellaneous billing and reports to other agencies Reports for the Liquor Store: monthly sales tax reports, NSF checks Preparation of monthly, quarterly, and yearly reports to various federal and state agencies Bank reconciliation Issuance of merchant and dog licenses Depot Rental: The Depot rental income over the last five years was as follows: 1990 1991 1992 1993 1994 $1,000 $1,400 $1,875 $1,800 $2,100 INVESTMENTS Cash management and investment of City funds are an important aspect of my job. The first objective in investing City funds is safety and legal constraints. Taking safety into account, I look for the best market rate of return, normally within a 3-6 month range. I continue to follow a policy of investing only with broker/dealers in this state. The following is a breakdown of investments as of December 31, 1994: U.S. Government Agencies U.S. Treasury Securities Commercial Paper Certificates of Deposit Government Trust Pool Money Market 731,430 299,019 1,622,693 100,000 2,778,937 509,917 TOTAL $ 6,041,996 b?q 3 A comparison of interest earned for the City on all funds is as follows: 1990 652,335 1991 531,073 1992 336,766 1993 335,667 1994 318,235 Interest income in 1992, 1993 and 1994 is down from prior years. The decrease is due to two factors: first, the short-term interest rates steadily declined to less than 3%; second, the average cash balances available for investment decreased. Ail interest income is accumulated in the Investment Trust Account and distributed to the funds in proportion to the average balance during the year. For example, during 1994, the General Fund was allocated $22,772 in interest (7.15% of all interest earned) while the Capital Improvements Fund was allocated $52,841 in interest (16.60% of total interest). Interest is a very important revenue source. In most of our special assessment projects, the City has the authority to levy general tax dollars to help finance the debt issued on projects. Interest earnings is a major factor for the City not levying general taxes on the special assessment debt. BUDGET Preparing the data for the annual budget document that is submitted to the Council is another important function of my job. During June, I estimate the revenues for the current year and also work on an estimate of the expenditures for the current year. I work closely with the city manager in budgeting revenue amounts for the following year. The Finance Department budget is my responsibility, along with the City Property, the Special Revenue Funds and the debt service requirements. Once the city manager reviews the expenditure budgets with each of the department heads, the budget is compiled, analyzed and adjustments are made. The document is then prepared and presented to the Council for approval. The Water and Sewer Funds are examined during the budget process. The projected revenues and expenses are used to determine the adequacy of the rates. The Enterprise Funds (Liquor, Water, Sewer, and Recycling) are presented to the Council along with the General Fund for Council approval. OUTSTANDING DEBT The total outstanding debt as of 12-31-94 is $4,845,000 and $1,335,000 in refunding bonds. The following details the outstanding debt: COMMERCE PLACE DEBT SERVICE BONDS This fund accounts for principal and interest payments on the bonds sold in 1985. The bonds will be paid for from the tax increment from the Commerce Place Development. The increment from the development is sufficient to make the principal and interest payments. With the developers' letter of credit and the Mound Clinic and Thrifty White as corner stores, Commerce Place is meeting all of its financial obligations. The City made principal payments of $115,000 during 1994, and has an outstanding balance of $1,620,000 at December 31, 1994. In 1993 TIF Refunding Bonds in the amount of $795,000 were issued and are outstanding as of December 31, 1994. SPECIAL ASSESSMENT BONDS Special Assessment Funds are used to account for the construction and financing of certain public improvements such as streets, sidewalks, street lighting and storm sewers. Bonds are issued and are paid for in full or in part from the special assessments levied against benefited properties. No new bonds were issued during 1994. The City made principal payments of $550,000 during 1994, and has an outstanding balance of special assessments bonds payable of $1,190,000 at December 31, 1994. WATER/SEWER REVENUE BONDS The principal and interest on water revenue bonds are paid out of the revenue generated from the water and sewer bills. The City made principal payments of $20,000 during 1994, and has an outstanding balance of $1,450,000 at December 31, 1994. In 1993 bonds were issued in the amount of $1,350,000 and $607,500 were allocated to the Water Fund and $742,500 to the Sewer Fund. PUBLIC WORKS FACILITY DEBT SERVICR This fund accounts for the principal and interest on bonds issued in 1988. The principal revenue source is a property tax levy. The City made principal payments of $45,000 during 1994 and has an outstanding balance of $585,000 at December 31, 1994. In 1993 Building Refunding Bonds in the amount of $540,000 were issued and are outstanding as of December 31, 1994. 13 CITY OF MOUND TOTAL OUTSTANDING DEBT 12 11 10 ~ 9 6 4 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 The following shows the total outstanding debt for the City of Mound over the past 10 years: Year G.O. 1985 12,142,000 1986 11,047,000 1987 10,060,000 1988 10,060,000 1989 9,040,000 1990 7,680,000 1991 6,790,000 1992 5,835,000 1993 5,500,000 1994 4,845,000 G.O. Refunding $ 1,335,000 1,335,000 Using the 1990 census population of 9,634, the total debt per capita decreased from $1,260 in 1985 to $503 in 1994. This decrease in total outstanding debt illustrates the fact that Mound is a mature suburb and has not had to issue debt to develop new streets and new watermains. For example, cities of Mound's size that have been rapidly expanding have the following debt outstanding at the end of 1993: Chanhassen Chaska Champlin Shakopee 54,799,620 28,985,000 23,075,000 24,435,000 SPECIAL ASSESSMENT LEVIES The general property tax levy is discussed every year during the budget process. The other significant item on the tax statement for Mound residents are the various special assessment levies. The following is the annual special assessments levied on Mound taxpayers during the past ten years and for 1995: 1985 1,101,100 1986 992,000 1987 870,800 1988 740,700 1989 696,000 1990 633,593 1991 544,000 1992 513,000 1993 482,500 1994 413,177 1995 330,903 The major street projects were completed in 1978-1980. The total assessments on the taxpayers increased dramatically once these projects were assessed. Since 1982 the annual assessments have consistently declined. ' The corresponding Special Assessment bonds payable has decreased from $9,433,000 in 1985 to $1,190,000 in 1994. AUDIT Preparing for the annual audit is another important responsibility of my job. I prepare all the statements, schedules and notes to the financial statements for the annual audit. Our audit costs are reduced since all the statements and notes are done in house. The 1993 audit report received the National GFOA award ,,Certificate of Achievement for Excellence in Financial Reporting". The certificate program judges an audit report on various criteria, including clarity, comparability and completeness. This is the sixth consecutive year the City of Mound has received this award. I plan on updating the audit report annually and submit future years' reports for this award. INSURANCE We have the majority of our insurance coverage with the League of Minnesota Cities Insurance Trust. They have provided the City with good coverage and the costs for insurance have stabilized in the last few years. Our agent of record is Carl Bennetsen of R.L. Youngdahl & Associates, Inc. I have the responsibility of coordinating the City's insurance activity. I file all claims that are made against our insurance policies for the City automobiles, property damage, general liability, and workers compensation. COMPUTER OPERATIONS It is my job to supervise the overall computer operation. We have an on-site mini-computer processor with software purchased from Computoservice, Inc. The following software programs are currently operating on our system: utility billing, financial, accounts payable, payroll, special assessments and water meter reading. The finance staff does an excellent job working on the computer operations. The finance department has available two personal computers. The use of the PC enables me to work efficiently with many spreadsheets for cash flow analysis, investment need projections, fixed assets inventory, budget projections and various other applications. At the same time both Gayle and Joyce have the opportunity to use the PC and maintain various files in the payroll area and the utility services area. City employees have a strong interest in learning to work with PCs which help them to become more efficient with their tasks. The commitment to technology is spreading from business to schools, to government. FUND STRUCTURE The following is a description of the funds of the City of Mound: GENERAL FUND The General Fund accounts for the Revenues and Expenditures to carry out the basic governmental activities of the City, such as administration, police, inspections, streets and parks. General spu~snoq~L Fund expenditures are made primarily for current day to day operating expenses. Major sources of revenue are the property tax and local government aid. FUND BALANCE The total fund balance of the General Fund is projected to be $841,116 for the year ended 1994. The balance increased $185,231 during the year. It is important for the City to maintain the current fund balance. This reserve is necessary to meet expenses in the General Fund until tax money and local government aid are remitted to the City in June. For cash flow purposes the city would be required to issue tax anticipation bonds if the fund balance is reduced or eliminated. The following table shows previous year end General Fund balances, compared to adopted expenditures budget for the past ten years: GENERAL FU17D TOTAL FUND BALANCE BUDGET BEGINNING OF YEAR % 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1 868,109 2 073,720 2 128 550 2 236 430 2 327 090 2 264 150 2 249 350 2 325 780 2 366 950 2 418 030 533 599 743 810 803 207 749 654 629 326 642 934 593 155 626 361 655 885 841 116 28.6 35.9 37.9 33.5 27.0 28.4 26.4 26.9 27.7 34.8 REVENUES Revenues received for general governmental operations are $2,481,127. The following is an analysis of the major revenue sources of the General Fund - budget to actual for 1994: TAXES LICENSES & PERMITS INTERGOVERNMENTAL COURT FINES MISCELLANEOUS TOTAL BUDGET ACTUAL VARIANCE % RECEIVED 1,231,780 1,222,058 (9,722) 99.21 69,300 120,270 50,970 173.55 884,960 886,112 1,152 100.13 65,000 58,186 (6,814) 89.52 125,300 194,500 69,200 155.23 2,376,340 2,481,127 104,787 104.41 0 Z spuemoq,.L Z EXPENDITURES Expenditures for general government operations were $2,284,533 in 1994. The following is a budget to actual comparison by department: DEPARTMENTS Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning & Insp. Streets City Property Parks Summer Recreation Contingencies Transfers TOTAL BUDGET ~CTUAL VARIANCE ~XPENDED 63,130 2,000 1,380 180,330 11,320 48,350 151 080 24 200 81 500 795 240 5 400 157 850 397 520 102 860 136 620 33 930 40 000 134,240 55,680 621 176,267 12 520 50 229 148 194 17 449 106 360 777 314 3 750 149 645 385 238 99 683 131 471 29,114 6,758 134,240 2,366,950 2,284,533 7,450 2,000 759 4 063 (1 2OO) (1 879) 2 886 6 751 (24 860) 17 926 1 650 8 205 12 282 3 177 5 149 4 816 33 242 0 88 2O 0 00 45 00 97 75 110 60 103 89 98 09 72 10 130 50 97 75 69 44 94 80 96 91 96 91 96 23 85 81 16 90 100 00 82,417 96.52 SPECIAL REVENUE FUNDS Special Revenue Funds are used to account for certain tax levies and other earmarked revenue. The following is a list of the City's Special Revenue Funds and Fund balances as of 12-31-94: Cemetery 6,376 Pension 0 CDBG 0 Area Fire Serv. 178,560 Dock 104,924 The Area Fire Service balance of $178,560 includes a reserve of $120,000 for the purchase or refurbishing of vehicles in the near future. 9 &~ CAPITAL PROJECT FUNDS Capital project funds have been established to segregate funds to be used for various types of capital outlay expenditures. The following is the 1994 activity of this fund: Balance 1-1-94 Revenues Total Available Expenditures 970,500 245,408 1,215,908 Professional Services Fire Capital Reserve Other 142,488 15,030 390 Total Expenditures 232,046 Balance Remaining 983,862 The Capital Improvements Fund is an important one-time revenue source for the City of Mound. It allows the City to undertake projects that benefit the City without having to issue debt to finance them. The remaining balance of $983,862 was obtained in 1993 with equity transfers from two debt service funds that were used to account for bond issues that have been recalled. MUNICIPAL CONSTRUCTION FUND The fund is used for department Expenditures during 1994 included: Two Vehicles In-Car Camera Systems Radar Total capital outlay 29,239 10,235 2,247 41,721 purchases. Ail above expenditures were for the police department. resources available in this fund have been used up. Ail SEALCOAT This fund is used to account for the five-year rotation to sealcoat the streets in Mound. The total cost of the project for 1994 was $48,845, which was financed by the Liquor Store profits. ~)g~ 10 ENTERPRISE FUNDS Enterprise Funds are used to account for the financing of services to the general public in which all or most of the revenues are generated from user charges. LIQUOR FUND The year 1994 was an excellent one for the Liquor Store. A condensed summary for the liquor operations for the years ended December 31, 1994, 1993 and 1992 is presented below: Sales Cost of Sales GROSS PROFIT Expenses Operating Income Other Income Transfers Out NET INCOME 1994 1,367 582 1,027 912 339 670 198 400 141 270 14 073 149 390 5,953 1993 1,305 720 1,007 545 298 175 188 226 109 949 14 881 102 940 21,890 1992 1,219 246 921 777 297 469 172 275 125 194 10 548 106,750 28,992 WATER FUND A condensed summary of the Water Fund operations for the years ended December 31, 1994, 1993, and 1992 is presented below: 1994 1993 1992 Revenues Expenses Operating Income Other Income/Expenses Net Income Transfer to City 352,740 370,594 364,295 329,040 307,898 350,016 23,700 62,696 14,279 28,032 15,638 3,860 51,732 78,334 18,139 16,000 16,000 10,800 In 1994 revenues were slightly down from 1993. Expenses were slightly up from 1993. The cash balance in the water fund decreased from $1,004,450 to $675,406 due to the installation of the new water meter system and the painting of the water tower on Evergreen Road. SEWER FUND A condensed summary of the Sewer Fund operations for the years ended December 31, 1994, 1993 and 1992 is presented below: 1994 1993 1992 Revenues 675,666 660,510 614,755 Expenses 803,602 829,579 717,914 Operating Loss (127,936) (169,069) (103,159) Other Income 26,183 49,001 46,584 Net Loss (101,753) (120,068) (56,575) Transfers to City 16,000 16,000 10,800 Revenues and expenses in the Sewer Fund have remained steady in 1994. The cash balance stands at $816,734 at the end of 1994. A major concern as we look ahead to 1995 is the charge from the Metropolitan Council Wastewater Services (MCWS.) We pay the MCWS based upon an estimated flow. The actual flow is determined following the end of the year, with the adjustment on MCWS billings the subsequent year. Normally, the estimate is very close to the actual, therefore, the adjustment is small. RECYCLING The following are the revenues and expenditures for recycling in 1994: Revenues Hennepin County Utility Billing Charges Sale of Recyclable Other Total Revenue Expenses Salaries Supplies Recycle Lotto Pick Up/Disposal Recycling Hauler Other Total Expenses Balance 1-1-93 Balance 12-31-93 68,774 38,143 19,856 802 127,575 16,687 5,787 2,900 26,860 67,779 448 120,461 52,055 59,169 In 1995 Hennepin County is reducing the reimbursement to $.80 per household from the $1.75 reimbursement in 1994. The estimated grant from the County in 1995 will be $30,720 and the City household charge $57,600. That represents a considerable shift from the County to the City. ORGANIZATIONS I am a member of the Minnesota Government Finance officers Association (MGFOA). There are currently 550 members. There are monthly meetings in the metro area and an annual conference held in the fall of the year. As a member of the Minnesota Society of CPA's, one of the requirements of keeping current my CPA certificate is that I maintain a continuing education program each year. Continuing education and training is a high priority in my professional development. I obtain the vast majority of my education credits through MGFOA. As an ex-officio member of the Economic Development Commission I attend all their meetings. I am also Treasurer of the Mound Crime Prevention Association. ACCOMPLISHMRNTS FOR 1994 Specific accomplishments are as follows: Issuance of the 1993 Comprehensive B~nual Financial Repor~ The report received an unqualified opinion from the independent auditor and the Certificate of Excellence in Financial Reporting from the GFOA. Fixed Assets computerization With the purchase and installation of a new PC, the whole fixed assets inventory was entered into the computer, as recommended by the independent auditor. Insurance Claims Activity In 1994 we had an exceptional number of claims in the general liability, auto, and workers compensation areas. We also reviewed extensively the present insurance coverage. Pre-Tax Plans The City employees were offered a Pre-Tax Plan in May of 1993. The plan was set up, maintained and extended into 1994. Almost all employees joined the plan, which benefits both the employees and the City in reducing Social Security, Federal and State tax payments. Water Meter Reading System Joyce and I worked closely with Greg Skinner and John Cameron during the installation of the new water meter system. We anticipated problems with the computerized part of the project. By the end of the year the system worked as expected. Now we are able to transfer utility billing data from our main computer to a hand held device in less than an hour. Once the meter readings are captured with the hand held device in the field, the data is transferred back into the main computer in about half an hour. GOALS FOR 1995 Work in the Finance Department will continue at a steady pace in 1995. The normal cycle calls for the staff to meet their deadlines in the payroll, accounts payable, and utility billing areas. The Finance Director will continue to cover the investments, the audit, the insurance claims, the preparation of reports, and all the other responsibilities in the financial insurance and data processing areas. ' Specifically, for 1995 the Finance Department goals will be: Refinement of the water meter readinq syste,- The new water meter reading system is completed and working fairly well. During this first year it is our goal to make the new system to work as smoothly as possible and to minimize disruptions to customers. Fixed Assets Inventory Revie~-- Now that all items have been entered into the computer, a verification process needs to be done. Each department will be asked to review the accuracy of the data that was compiled in 1994. 1995Bud~ The City Manager has the responsibility to prepare and present a budget to the City Council for the following year. It will be my goal to assist the City Manager in the preparation of that budget. It is a difficult task to balance the needs with the resources available and at the same time to keep property taxes at an acceptable and reasonable level. CONCLUSION Thank you for having given me the opportunity to point out the areas of special note in the operation of the Finance Department. The year 1994 was a productive one for the City in the financial area. The direction provided by you, the City Council and the City Manager, made it happen. I will be attending the February 28th Council meeting to answer any questions that you have regarding my annual report. 14 CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 28, 1995 Honorable Mayor, City Council and City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: 1994 ANNUAL REPORT PLANNING AND INSPECTIONS DEPARTMENT Dear Mayor, Council and City Manager: It is with great pleasure I present to you this Annual Report of the Planning & Inspections Department. It is our hope that this report will supply City Management with enough data to study and then decide and direct this department in its course of action in the coming years. We welcome any comments, suggestions or questions you may have. Building Official JS:pj prmte~l on recycled paper PLANNING AND INSPECTIONS DEPARTMENT 1994 ANNUAL REPORT CONTENTS Paee ABOUT THE DEPARTMENT CONSTRUCTION ACTIVITY PLANNING & ZONING REVENUE/EXPENDITURES COMPLAINTS EDUCATION AND TRAINING SUMMARY CONSTRUCTION ACTIVITY ................................... Exhibit A TOTAL YEARLY VALUES OF NEW CONSTRUCTION .................. Exhibit B NEW HOUSING UNITS (1974 - 1994) ............................ Exhibit C BUILDING ACTIVITY REPORT, DECEMBER 1994 ..................... Exhibit D PLANNING & ZONING CASES ................................. Exhibit E 1994 Annual Report Planning & Inspections Department ABOUT THE DEPARTMENT: Our purpose is to assist the general public, administer and enforce the provisions of the Mound City Code, Zoning Ordinance, State Building Code, and related state statutes and regulations. It's our duty is to serve the public by careful application and enforcement of the regulations as adopted by the City Council, and as guided by the City Manager. Staffin_~. The Department has two full time employees, myself and Peggy James, who also works with the Parks Department. Rick Maki of the Police Department also work part time as our Community Service Officer (CSO). Coordination. We work closely and are very interdependent with all other departments in the City and we appreciate all their help in getting our job done with a team effort to serve the public. In addition to full time staff, the following personnel assist us: Consultants City Planner Mark Koegler, Hoisington Koegler Group, Inc. City Engineer John Cameron, McCombs Frank Roos & Assoc. Part Time Building Inspections Plumbing Inspector Electrical Inspector Support Staff Fire Department Fire Chief Fire Marshal Secretary Loren Kohnen, Metro West Inspection Services John Breitner Jerry Kurth Al Tollakson, State Board of Electricity Rick Maki, CSO Police Department* (complaints, derelict auto- mobiles, and ordinance violations) Steve Erickson Mike Palm Judy Bryce 1994 Annual Report Planning & Inspections Department CONSTRUCTION ACTIVITY: Construction activity is measured by total commercial/residential permit value. 764 permits were issued this year with a total value of $10,311,185. This is our greatest value on the charts which began in 1975. This year's value is more than double the construction activity completed in 1993. This history is detailed on the attached Exhibits A - D. The bulk of our activity this year has been 315 residential remodel/miscellaneous permits with a value of $2,589,968. There were 22 new single family dwellings were constructed with an average value of $130,000. The rise in commercial activity was astronomical this year at approximately 14 times that of the previous three, and 36% more than the last six years combined. This activity consisted mainly of the following projects: Our Lady of the Lake Church addition, work on the schools Grandview and Shirley Hills, Balboa Building remodeling and reroof, ADA update to the Westonka Library, the Happy Garden Restaurant, and Thrifty White Drug remodel. There were many other smaller commercial projects that have not been listed. The future looks bright with all the work being proposed by the Mound Visions project. It also looks promising for 1995 with the development of Teal Pointe and Pelican Point subdivisions, a total of 51 single family units are planned. _PLANNING & ZONING: There were 77 total Planning and Zoning requests in 1994, this represents a 32 percent increase from 1993. We had 54 variance cases in 1994, of which 52 were approved, and this results in a 96 percent approval rating. Relating to the number of variances, following is a quick comparison with some other cities. CASES APPROVED DENIED ~ MOUND 54 52 2 96% MINNETRISTA 17 13 4 76% HOPKINS 4 2 2 50% WAYZATA 0 0 0 0% The balance of the Planning and Zoning actions consisted of 2 Planned Development Areas, 5 minor subdivisions, 3 vacation requests, 3 ordinance amendments, and 6 conditional use permit requests. Please note Exhibit E for Zoning Case Statistics. 1994 Annual Report Planning & Inspections Department The City Council's actions were in agreement with the Planning Commission's recommendations, with some amendments at the council level, as follows: 1994 = 94% 1993 = 96.5% 1992 = 96% 1991 = 98% 1990 = 100% 1989 = 92% 1988 = 95% Ordinance Amendments. Several ordinance amendments were reviewed by this department in 1994, three of which were approved, and three are still pending, as follows: TIME LIMITS ON BUILDING COMPLETIONS ....... ADOPTED JULY 26, 1994 SHORELAND MANAGEMENT ORDINANCE AND ZONING ORDINANCE MODIFICATIONS (HARDCOVER TO 40%) ADOPTED AUGUST 23, 1994 REVISED OCTOBER 11, 1994 40 ZONING ORDINANCE MODIFICATIONS (TO ALLOW "DOMESTIC ABUSE SHELTERS" AS A CONDITIONAL USE IN THE B-2 ZONE) ..... NOT APPROVED BY COUNCIL TRUCK PARKING IN RESIDENTIAL AREAS .............. PENDING PARK DEDICATION FEES FOR MINOR SUBDIVISIONS .......... PENDING PENDING TRUTH IN HOUSING ...................... New Planning Commission Members in 1994. The Planning Commission was proud to receive two new members in 1994: Lisa Crum and Edward Surko. Coming in 1995. Truth in Housing (pending). The DNR and MCWD (Minnehaha Creek Watershed District) are considering the formation of a technical review committee to look at relinquishing shoreland alteration permit responsibilities to cities that have equal regulations and a permit process. Miscellaneous Zoning Code Modifications? 1994 Annual Report Planning & Inspections Department .REVENUE & EXPENDITURES. Below is a summary of budget and revenue for construction activity: REVENUE EXPENDITURES COMPLAINTS: 1992 BUDGET 65,100 127,000 1992 ACTUAL 82,314 153,683 1993 BUDGET 73,050 138,440 1993 ACTUAL 75,491 131,514 1994 BUDGET 74,448 157,850 1994 ACTUAL 114,442 149,645 1995 PROPOSED 75,800 162,280 Following is a brief recap on the number of complaints received resulting in violations of the zoning ordinance, garbage collection practices, and nuisance ordinance: 1989 ........ 108 1990 ........ 101 1991 ........ 80 1992 ........ 77 1993 ........ 164 1994 ........ 83 More statistics for complaints, derelict vehicles, warning tags and tows are located within the Police Report. Not included in these figures are complaints related to violations of the sign ordinance, building code, rental ordinance, or issues addressed independently by staff or miscellaneous complaints handled by the Police Department. We feel we have accomplished the Department's goals for 1994 and will continue with the same goals in 1994. I anticipate improved performance of our CSO's as a result of experience, cooperation and teamwork. Goals for 1995: o Continue to revise and develop procedures for effective nuisance abatement consistent with community spirit. Improve record keeping and tracking of complaints and problem areas to provide for improved compliance. Improve public awareness of zoning codes and ordinances. Improve staff's response to complaints. o Improve reporting of activities to the City Council. 1994 Annual Report Planning & Inspections Department EDUCATION AND TRAINING: Every municipality within the State of Minnesota over a certain population is required by state statutes to adopt the State Building Code in its entirety and appoint a qualified Building Official who is tested and certified by the Department of Administration Building Codes and Standards Division. Each Building Official must satisfactorily complete applicable educational programs established or approved by the Commissioner of the Department of Labor and Industry. Continuing Education is imperative to maintain certification and to stay abreast of the every changing codes and new methods of construction. Some of my educational opportunities in 1994 were: o ICBO Annual Building Officials School March 7 - 11 in Denver Colorado. o 37th Annual Institute for Building Officials, University of Minnesota Earl Brown Institute o North Star/ICB0 Chapter regular and subcommittee meetings. I was recertified by the Building Codes and Standards Division as a Building Official for the next three years based on my continuing education and experience. SUMMARY: Much has happened in the last year. The work load was high due to the increase in permits issued and construction value. 1994 is now behind us and we have done our best. Our department is a year older, we have successfully negotiated through this past year and we are more mature and skilled to deal with the challenges ahead. We have room to improve and we will endeavor to continue to improve our efficiency and service to the public. I am delighted to be surrounded by such excellent people within this and other departments of the City. We look forward to another exciting and challenging year. //0! Planning & Inspections Department 1994 Annual Report Exhibit A Planning & Inspections Department 1994 Annual Report Exhibit B TOTAL YEARLY VALUES OF NEW CONSTRUCTION 10' 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 YEAR & YEARLY VALUE IN THOUSANDS $ Planning & Inspections Department 1994 Annual Report Exhibit C NEW HOUSING UNITS YEAR Planning & Inspections Department 1994 Annual Report City of Mound BUILDING ACTIVITY IIEI'ORT Month: Bocemher' Year: ~994 THIS MONTH YEAR TO DATE SINGLE FAMILY DETACHED 20 2,323,949 SINGLE FAMILY ATTACHED {CONDOS) wvo F^M.LY /DUPLEX TWINHOME 2 2 535,000 2 535,000 MULTIPLE FAMILY {3 OR MORE UNITS} TRANSIENT "SG. {HOTELS / MOTELS} SUBTOTAL 2 535,000 22 2,858,949 I:w CONSIRU-C-~oN COMMERCIAL {RETAIL/RESTAURANT} OFFICE I PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL ADDITIONS TO PRINCIPAL BUILDINO 2 156,000 47 l, 030,207 DETACHED ACCESSORY BUILDINGS 17 159,647 DECKS 40 lttS, 718 sw~uu~u~ ~OOLS 1 i0,000 REMODEL-MISC RESIDENTIAL 7 57,647 204 770,533 REMODEL- MULTIPLE DWELLINGS i 74,980 6 470,863 SUBTOTAL 10 298,627 315'' 2, 589,968 NON-RESIDENTIAL Il'P~m'Ts J I VALUATION Il'P~"M'Ts I VALUATION ~/~ATIONS COMMERCIAL {RETAIL/RESTAURANTJ l 0 188,850 OFFICE I PROFESSIONAL 2 ] 5,936 INDUSTRIAL i 117,200 9 292, ] 86 "Nme ~ SCHOOLS 7 4,365,296 DETACHED ACCESSORY BUILDINGS su.,oT~t 1 117,200 28 4,862,268 .~o.,~,o~ II .~.~,.~ I ...,~ I w..~,o. II .~.~.~ I RE$ID~NTIA~ DWelLINGS 7 NON-RE$ID~NTIAL BUILDINGS 7 TOTAL DEMOUTION~ 14 I P~RMITS ~ UNITS VALUATION ~ UNITS VALUATION t PERMITS 22 TOTAl. 13 950,827 379 D,311,185 "BUILDING 13 379 FENCES & RETAINING WALLS i 49 SIGNS - 10 PLUMBING 8 135 MECHANICAL 12 130 GRADING - 5 S&W. STREET EXCAV., FraE, ETC. 7 56 TOTAL J 41 I' 764 Exhibit D Planning & Inspections Department 1994 Annual Report PLANNING COMMISSION BOARD OF APPEALS Case Statistics Exhibit E p. lof3 CONDITIONAL USE PERMITS .5 1 6 PLATS/PDA'S 1 1 2 SUBDIVISIONS, MINOR 5 5 ORDINANCE AMENDMENTS 3 3' 6 VACATIONS I 2 3 MOVING BUILDING 1 1 VARIANCES 52 2 54 TOTAL 67 I 6 0 I 4 77 I I *The Planning Commission worked on three ordinance amendments which are either pending or on hold at this time, they are: Truth in Housing, Truck Parking in Residential Areas, and Park Dedication Fees. CONDITIONAL USE PERMITS 2 2 SUBDIVISIONS, MAJOR 4 4 SUBDIVISIONS, MINOR 6 6 VACATIONS 1 1 VARIANCES 39 3 3 45 TOTAL 58 .-..-...,. ,-...... ====================================================================== ......... . ..... CONDITIONAL USE PERMITS 5 5 SUBDIVISIONS, MAJOR 3 3 SUBDIVISIONS, MINOR 4 1 .5 VACATIONS 3 1 4 VARIANCES 51 3 3 57 Planning & Inspections Department 1994 Annual Report Exhibit E p. 2ofS PLANNING COMMISSION CASE STATISTICS CONTINUED .... CONDITIONAL USE PERMITS 6 6 SUBDIVISIONS, MINOR 4 5 ZONING AMENDMENTS 1 1 VACATIONS 1 1 HOUSE MOVlNGS 1 1 VARIANCES 42 2 1 44 TOTAL 54 3 0 1 58 CONDITIONAL USE PERMITS 4 4 SUBDIVISIONS, MAJOR 1 1 SUBDIVISIONS, MINOR 4 4 VACATIONS 0 ZONING AMENDMENTS 2 2 RESOLUTION AMENDMENTS 2 1 3 VARIANCES 22 5 2 0 29 TOTAL 35 6 2 0 43 CONDITIONAL USE PERMITS 6 1 7 SUBDIVISIONS, MAJOR 3 3 SUBDIVISIONS, MINOR 6 1 1 8 VACATIONS 1 1 ZONING AMENDMENTS 1 1 2 HOUSE MOVINGS 2 2 VARIANCES 19 6 1 26 Planning & Inspections Department 1994 Annual Report Exhibit E ~.SofS PLANNING COMMISSION CASE STATISTICS CONTINUED CONDITIONAL USE PERMITS 5 5 SUBDIVISIONS, MAJOR SUBDIVISIONS, MINOR 7 7 VACATIONS 5 5 ZONING AMENDMENTS 3 3 WETLAND 1 1 GRADING 1 1 VARIANCES 14 3 1 1 8 TOTAL 35 4 O I 40 CITY OF MOUND PLANNING & ZONING CASES 80 70 60 50- 10- 0 1988 ! 1989 I I I 1990 1991 1992 YEAR 1993 1994 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 27, 1995 MEMO: Ownirig vs contractin.g c)ut se,,.Jer and storm sewer cleaning ~;AN I 'I'AP, Y SEHER 60 iniles = 31~.000 ft. at .34 per ~t. = $110,880.00 5 yr. rota't[o~l at 63,360 tt per yea~- X .35 = $22,176.00 STORH 5Eb~ER C~q'rCH BCASIIxlS 350 catch basins at $100.00 per basin = $35,000 per year Total for 1 year: sanitary sewer $22,176.00 catch basins $35,000.00 $57,176.00 ~¢ storm sewer catch basins were cleaned in a 2 yr. rotation ot 175 each year the total would be reduced by $17,500 per year or $39,676.00 per year. NE~ JET-VAC cost o~ jet-vac depreciation over 20 yrs Maintenance cosk $111,000 $5,550 1-5 Frs. $2000.00 = $7,500.00 6-10 yrs $2500.00 = $8,050.00 11-15 yrs $3500.00 = $9,050.00 16-20 Frs. $4500.00 = $10,050.00 This does not include emergencies, insurance liability or scheduling. printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 27, 1995 MEHO: Owning vs contracting out seL.JeT- and storm sewer cleaning E;~N 1T~%RY SEHER 60 miles = 316,000 ft. at .34 per ~t. = $110,880.00 5 yr. rotation a~ 6.3,360 ft per year X .35 = $22,176.00 STORP1 SEWER C~'-~I'CH F3~$Ibl$ 350 catch basins at $100.00 per basin = $35,000 per year Total for i year: sanitary sewer catch basins $22,176.00 $35 ~000.00 $57 , 176.00 If storm sewer catch basins were cleaned in a 2 yr. rotation of lY5 each year the total would be reduced by $17,500 per year or $39,676.00 per year. NEW JET-VAC cost of jet-vac depreciation over 20 yrs $111,000 $5,550 Haintenance cosk. 1-5 yrs. $2000.00 = $7,500.00 6-10 yrs $2500.00 = $8,050.00 11-15 yrs $3500.00 = $9,050.00 16-20 yrs. $4500.00 = $10,050.00 This does not include emergencies, insurance liability or scheduling. printed on recycled paper CiTY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 24, 1995 TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER BID AWARD - VACALL EQUIPMENT We took bids on Wednesday, February 22, 1995 on a Vacall machine for the Public Works Department. This machine is a combination machine for high pressure water cleaning of sanitary sewer or storm sewer drain lines with air conveying vacuum system for the simultaneous removal of debris through our sanitary sewer or storm sewer manholes. This is equipment that was budgeted for 1995. The estimate with trade ins of existing equipment was $100,000. We advertised the bid in Construction Bulletin and the legal newspaper. We received one bid, it came from ABM Equipment of Hopkins. The bid price on the unit was $130,750, less trade ins of existing equipment with a total bid price of $104,950 plus 6.5% sales tax, or $111,771.75. Greg Skinner, Public Works Superintendent, had met with one other vendor prior to the bid, and they indicated that they were going to submit a bid. Following the bid opening, Greg called this vendor to find out why they had not bid and he was told that they chose not to. Basically, because, although they could have bid this particular unit, they were interested in selling a larger unit to the City at a much higher cost. Thus, we have one bid. Greg has analyzed the bid and compared it to the specifications and the unit bid does meet those specificati'ons. Our estimate, as stated above, is $100,000, and although we do not have another bid to compare it to, we do recommend the award go to ABM Equipment for the $111,771.75. If you have any questions, please contact me. ES:Is printed on recycled paper RESOLUTION NO. 95- RESOLUTION TO SUPPORT INDEPENDENT SCHOOL DISTRICT #277 AND OTHERS IN AN EFFORT TO STUDY THE CONSTRUCTION OF A NEW COMMUNITY CENTER FOR THE WESTONKA AREA AND ASSIST IN FUNDING A COMMUNITY SURVEY NOT TO EXCEED $1500 WHEREAS, the City of Mound has participated in a task force 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; and WHEREAS, the task force has recommended to the Westonka School District Board of Education the following: "The best use of the Westonka Community Center is the existing use plus additional uses that would add income in excess of associated operating costs. The best use of available funds is to combine it with funds from others to do option number '1'. If there is not significant interest and support by others to pursue option '1' then pursue option '2'."; and WHEREAS, option '1' is to demolish the existing Westonka Community Center Building and construct a new community center building with the existing Pond Arena to remain and to be incorporated into the community center facility; and WHEREAS, the facility would serve both the existing and new programs with the following types of uses: Reception, School District Offices, Community Education, Special Education, Alternative School, Youth Center, Day Care, Senior Center, Pool with slide, Fitness center, Racquetball courts, Gymnasium, Locker rooms, Family locker rooms, Multi-purpose room, Kitchen, Meeting rooms, Concessions and Ice arena; and WHEREAS, the Westonka School District Board of Education has approved the recommendation as stated above from the task force and is now soliciting support and financial assistance for a community survey. THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, that the City of Mound supports Independent School District #277 and others in their effort to study the construction of a new community center for the Westonka area and agrees to allocate financial resources to help fund a community survey in an amount not to exceed $1500. PUBLIC GATHERING PERMIT Use of a public park or commons by any group consisting of 15 or more .individuals. Use is not to interfere wi~h traffic and general use of the park or commons or to be beyond.the ability of the police in maintaining order. NO LIQUOR MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS Group is to remove all litter and trash 'and provide a desopit to insure cleaning up of the park area. Deposit Date of Use Area to be Used ~ c-rtx~ /~b (~o~x.~ Time Frame ~:~ 0 ~~ Expected Attendance ¢0 ~~ Organization ¢ ~ S~ 3~ Address ~'7 ~c~_ ¢~ Telephone No. Home: ~'Va - I 7 V~ t-Work.: DEPARTMENT APPROVAL City Manager Police Dept. Park Dept. BILLS February 28, 1995 Batch 5022 $118,457.77 Total Bills $118,457.77 .-4 I'-- ,-, A 0 C: Z (30 ~ 3;" Z l'- Z Z~ -.40 '/3 "1"1 r'n r'n I.-, m ~ -o ...q m 0 Fn r- I-' ~ ZZ I ,,ff., 0~;~ ,0 CZ · 0 U3 ;0 t~ t'" n n Z ~ 0 t~ 0 Z Z Z Z n 7 Z Z 0 I'1'1 Z 0 ZZZZ 0 -o --~0 C Z c III :::0 (:::3 Z 0 0 I -?. Z 0 Z '"r' ~' Z r-' c:: Z -1- Z -=4 m C C III ??? oogg~g~oo ~ 0 rtl , >r- n o c~ z z ~.. m Z Z Z 0 C n -< Z Z C> rd ~ oo 0 r ,o r- r I ~' I Z -*t- -t- O r- i-- 0 CITY OF MOUND BUDGET REVENUE REPORT Jan. 1995 8.33% GENERALFUND Taxes Business Licenses Non -Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Charges to Other Departments Jan. 1995 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED 1,254,200 0 0 9,8OO 484 484 66,000 4,811 4,811 888,590 0 0 47,850 742 742 60,000 0 0 81,900 25 25 0 865 865 (1,254,200) 0.00% (9,316) 4.94% (61,189) 7.29% (888,59o) o.oo% (47,108) 1.55% (60,000) 0.00% (81,875) 0.03% 865 ERR TOTAL REVENUE 2 408 340 6.927 6,927 (2,401,413) 0.29% FIRE FUND 325,785 12,197 RECYCLING FUND 88,320 5,125 LIQUOR FUND 1,400,000 92,131 WATER FUND 400,000 28,922 SEWER FUND 730,000 59,880 CEMETERY FUND 5,650 0 DOCKS FUND 70,800 12,811 12,197 (313,588) 3.74% 5,125 (83,195) 5.80% 92,131 (1,307,869) 6.58% 28,922 (371,078) 7.23% 59,880 (670,120) 8.20% 0 (5,650) 0.00% 12,811 (57,989) 18.09% 02/13~95 rev95 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT Jan. 1995 8.33% Jan. 1995 YTD BUDGET EXPENSE EXPENSE VARIANCE GENERAL FUND Council 69,330 23,995 23,995 45,335 Promotions 4,000 0 0 4,000 Cable TV 1,380 0 0 1,380 City Manager/Clerk 184,000 8,597 8,597 175,403 Elections 2,670 1,699 1,699 971 Assessing 51,700 17 17 51,683 Finance 155,920 7,921 7,921 1 47,999 Computer 24,800 6,213 6,213 1 8,587 Legal 103,520 3,554 3,554 99,966 Police 833,350 55,301 55,301 778,049 Civil Defense 4,610 351 351 4,259 Planning/Inspections 162,280 8,030 8,030 1 54,250 Streets 400,860 23,280 23,280 377,580 City Property 101,160 5,149 5,149 96,011 Parks 133,530 5,548 5,548 1 27,982 Summer Recreation 28,960 0 0 28,960 Contingencies 15,000 0 0 15,000 Transfers 140,960 10,587 10,587 1 30,373 PERCENT EXPENDED 34.61% 0.00% 0.00% 4.67% 63.63% 0.03% 5.08% 25.05% 3.43% 6.64% 7.61% 4.95% 5.81% 5.09% 4.15% 0.00% 0.00% 7.51% GENERAL FUND TOTAL 2~418,030 160 242 160 242 2~257~788 6.63% Area Fire Service Fund 285,330 21,071 21,071 264,259 7.38% Recycling Fund 118,590 10,171 10,171 108,419 8.58% Liquor Fund 197,410 11,739 11,739 185,671 5.95% Water Fund 371,690 27,527 27,527 344,163 7.41% Sewer Fund 1,019,480 124,044 124,044 895,436 12.17% Cemetery Fund 5,840 39 39 5,801 0.67% Docks Fund 78,700 966 966 77,734 1.23% exp95 02/16~95 G.B. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION FEBRUARY 13, 199.5 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Bill Voss, Jerry Clapsaddle, Mark Hanus, Lisa Crum, and Ed Surko, City Council Representative Mark Hanus, Building Official Jon Sutherland, Planning Consultant Bruce Chamberlain, and Secretary Peggy James. Commissioner Frank Weiland was absent. The following people were also in attendance: Councilmembers Liz Jensen and Andrea Ahrens, Mayor Bob Polston, Mark Kjolhaug, Becky Glister, Carl Glister, Steve Fegers, Larry Shaw, Larry Peterson, and Daniel and Sandra Strot, MINUTES The Planning Commission Minutes of January 9, 1995 were presented for approval. Voss noted that he should not be listed as being present at the meeting. MOTION made by Voss, seconded by Mueller to approve the Planning Commission Minutes of January 9, 1995 as amended. Motion carried unanimously. PRESENTATION OF CERTIFICATE OF APPRECIATION TO LIZ JENSEN Chair Michael presented a Certificate of Appreciation to Liz Jensen, Councilmember, for her 13 years of participation as a Planning Commission member. INTERVIEWS FOR NEW PLANNING COMMISSION MEMBER A. BECKY J.W. GLISTER, 5008 WREN ROAD Becky has lived in Mound for 16 years by Three Points Park. She has worked with County government for the last 20 years. Her impression of the Planning Commission is that of being involved, and she wants to be part of the involvement. She feels the Planning Commission should be proactive on things that affect the greater community, but reactive to those issues that affect individuals. Ten years from now she would like to see Mound retain the small-town atmosphere. She would like Mound to be a town that people come to visit, be a tourist industry where people stay for a night, go antique shopping, go for a boat ride, etc. She does not want to see more housing. If resources were not an issue, things she would like to see changed in Mound are no more development of shopping malls, but would like to see a small town look that is accessible to people, attractive, and useful. Mound's asset is its location, and it's liability is that it has too many small houses on small lots. Her feelings on the dredging of the Lost Lake Channel is that it is an acceptable tool in starting the' up-grade of the downtown area, however, she would like to know the environmental impact. She feels she can bring to the Planning Commission her interest, willingness to do research, and her willingness to participate. Planning Commission Minutes February 13, 1995 It is her uneducated opinion that variances should be granted when it is a responsible request and it does not hurt the community or the neighbors. Her decision making experience has been independent and based on facts. B. MARK S. KJOLHAUG, 4767 RICHMOND ROAD Mark has lived in Mound for one year on Richmond which is across the road from the wetlands. He feels he could provide a balanced perspective to the Planning Commission in dealing with both land use decisions and natural resource issues. Relating to the recent changes made to the Wetland regulations, he feels the wetlands are now being protected better than they use to, but in some cases it may be over-kill, and in some cases the rules sometimes make it difficult to protect and improve wetland areas. He sees the need to recognize natural resources as part of the planning process. Existing uses within the City that he sees that may not be appropriate are those wetlands that are being misused as stormwater ponds. He feels the wetlands in Mound are very degraded because of the amount of sediments and purple Ioosetrife. There may be a better solution to stormwater management in Mound rather than just using the natural wetlands as filters. Ways in which he feels citizens could get involved in local government is through the schools. Get the students involved in projects as they are our future citizens. He feels the Planning Commission should be proactive as much as possible, even though he understands that the community is about 95% developed, but this means that the remaining land is valuable. His vision for Mound is to retain its natural resources, and enhance the feature of the lake. He feels that the dredging of the Lost Lake Canal is a good economical opportunity for the City, and it could be good environmentally also. He feels that flexibility with the Zoning Ordinance is essential for Mound, and he would look at each situation for its own merits. If resources were not an issue, things he would like to see changed within Mound and things he would like to keep is to keep the wetlands and look for ways to improve and enhance them, he would like to see a tree ordinance, and would like to protect the small town atmosphere. Tabulation of Ballots The Commission discussed the merits of each candidate, and then completed their ballots. The Commissioner's rate the applicants by giving their first choice a 1, their seconded choice a 2, etc. The choice numbers are then totalled, and the candidate with the least amount of points is their recommendation for appointment. The results were: Becky: 1,1,1,2,1,1,1 = 8 Mark: 2,2,2,1,2,2,2 = 13 Becky Glister is the Planning Commission's recommendation for appointment to the Commission. The City Council will have the final vote. Planning Commission Minutes February 13, 1995 CASE #95-03: DANIEL C. STROT~ 1566 EAGLE LANE, LOTS 3, 4 & 5, BLOCK 2, WOOOLAND POINT~ PID #12-117-2443 0002. VARIANCE TO CONSTRUCT A DETACHED GARAGE. This property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to the property line abutting Eagle Lane, a setback of 6 feet to both side yards, a 15 foot setback to the rear, and a 50 foot setback to the Ordinary High Water of the lake. Hardcover is limited to 40% as this property is a lot of record. The existing dwelling is nonconforming to setbacks as listed below: EXISTING/PROPOSED REQUIRED VARIANCE FRONT (W) 16.7' 20' 3.3' REAR (E) 9.6' 15' 5.4' The applicant is seeking variance approval to construct a conforming addition of a lakeside deck, conversion of the existing garage into habitable space, and the construction of a new 24' × 24' detached garage. None of the proposed improvements will encroach further into the existing nonconforming setbacks, and hardcover is conforming. Staff recommended the Planning Commission recommend approval of the request for a variance to recognize the existing nonconforming setbacks as the proposed improvements will be conforming, are a reasonable use of the property and will not further encroach into the existing nonconforming setbacks. MOTION made by Voss, seconded by Mueller, to recommend approval of the variance as recommended. Motion carried unanimously. The applicant confirmed that the variance included the alterations to the roof pitch. The Building Official confirmed that this alteration is considered incidental. This case will be reviewed by the City Council on February 28, 1995. CASE #95-04: LANCE B. ANDERSON, 5220 LYNWOOD BLVD., P/LOTS I & 2, BLOCK 2, & P/LOTS 3 & 4, BLOCK 1, REARR. BLOCK 10, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK, PID #13-117-2431 0070. VARIANCE TO CONSTRUCT A PORCH. This property is located in the R-2 Zoning District which requires a minimum lot area of 6,000 square feet, lot frontage of 40 feet on an improved public street, a front yard setback of 20 feet to the south, a 10 foot side yard setback to the east, and a 50 foot setback to the lake. According to City Council Resolution #86-173, this property was granted a variance to construct the existing structure that recognized the hardship of the inadequate street frontage. The requested variances are listed below: 3 7.x~ Planning Commission Minutes February 13, 1995 EXISTING/PROPOSED REQUIRED VARIANCE FRONT 15' +/- 20' 5' +/- LAKE (W) 39' 50' 11' LAKE (S) 45' 50' 5' The applicant is seeking variance approval to construct a 12' x 20' porch in the location of an existing 10' x 10' lakeside deck. The deck is to be moved around to the east side in a conforming location. The porch essentially follows the same line of the existing deck but is two feet wider, allowing a more functional area. Existing and proposed hardcover appears to be conforming. Not included in the applicant's calculations is the strip of the adjacent public right-of-way, Morton Lane. The channel, within Morton Lane, is actually an inlet of the lake that is very shallow and does not have regular boat traffic. The land area between the channel and the lot line is approximately 1,700 square feet. It is the intent of the Shoreland Management Ordinance to provide screening of structures with vegetation as viewed from the water. It may be reasonable when considering a variance to the lakeshore setback to require that screening in the form of trees be provided towards the main body of the lake. Due to the nature of the inlet it has a negligible impact on visibility of structures. Staff recommended the Planning Commission recommend approval of the request with a condition that some sort of screening be provided to reduce the visibility from the main body water of the lake, this allows the applicant reasonable use of the property with minimal encroachment into the existing nonconforming setback. Staff also referred to a letter received from the DNR which included the following comments: 1. Hardship must be demonstrated. The current structure on the property approaches to within 42' of the OHW of Lake Minnetonka. The proposed three-season porch should not approach any closer to Lake Minnetonka than the current structure, and the size of three-season porch should be minimized as far as possible. Currently, no screening vegetation exists between the structure and Lake Minnetonka. If hardship is demonstrated and a variance is approved, we recommend that vegetation be planted that will screen the proposed structures from view on Lake Minnetonka. Hanus questioned why a porch larger than the existing deck should be allowed? He noted that in the past the Commission has used a maximum 10' dimension for similar variances. Staff confirmed that the proposed porch is 12' deep, and the existing deck is 10' deep. Voss questioned what guarantee they would have that the required screening would remain? He also questioned the hardship. Staff noted that the additional encroachment is minimal. Planning, Commission Minutes February 13, 1995 Mueller noted that a porch consisting of walls and a roof has a greater impact than a deck, and he also feels there is a better location on the lot for the porch and the deck could remain in its present location. Mueller was excused from the meeting. MOTION made by Surko, seconded by Voss to recommend denial of the variance as there is no hardship, and the porch encroaches further into the setback than the existing nonconforming deck. The Commission expressed a concern that the applicant is not present to discuss a solution to this request, and noted that if it is denied the applicant would have to make a new application to be heard again. Surko confirmed that the applicant has not had the opportunity to discuss the proposal with the Building Official. MOTION WITHDRAWN by Surko and Voss. Voss commented that he agreed to withdraw his motion because it does not appear there would be enough votes to support it. MOTION made by Clapsaddle, seconded by Hanus to table the variance request. Motion failed 3 to 3. Those in favor were: Clapsaddle, Surko, and Hanus. Those opposed were: Voss, Michael, and Crum. MOTION made by Voss, seconded by Michael to deny the variance request due to lack of hardship and because the proposed porch encroaches further into the setback than the existing nonconforming deck. ~rum commented that she is against denial, even though she feels the applicant should be present, and that the recommended conditions within the staff report adequately address her concerns. Clapsaddle commented that the Commission has historically been very helpful in resolving problems with a project, but it is difficult to do when the applicant is not present. Voss commented that the Planning Commission has had a tendency to go beyond their role in assisting applicants with altering their plans in order to receive favorable recommendations. MOTION to deny carried 5 to 1. Those in favor were: Clapsaddle, Voss, Surko, Hanus, and Michael. Crum Opposed. This recommendation will be heard by the City Council on February 28, 1995. CASE #95-05: STEVE AND LAUREE FEGERS, 5001 SPARROW ROAD, LOTS 1-4, 9, & N. 11' OF 5, BLOCK 2, LINDEN HEIGHTS, PIn #13-117-24 13 0027. VARIANCE TO CONSTRUCT A DECK. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to the property lines abutting all three streets: Hillside Lane, Sparrow Road, and Heron Lane; and a side yard setback of 10 feet to the south. This site is conforming to impervious surface requirements. The dwelling is fully Planning Commission Minutes February I3, I995 conforming to all setbacks. The existing accessory structure is nonconforming to setbacks, as shown below: EXISTING REQUIRED VARIANCE FRONT (W) 19.3' 20' 0.7' SIDE (S) 2'+/- 4' 2'+/- The applicant is seeking variance approval to construct a deck addition as shown on the survey. The proposed construction is fully conforming to the ordinance. Staff recommended the Planning Commission recommend approval of the variance to recognize the existing noncor forming setbacks to the accessory structure as the deck addition is a reasonable use, and enhances the use and function of the property without any further encroachment or increase in the nonconforming status. The existing accessory structure is in good condition and it is not likely to be removed at this time. MOTION made by Voss, seconded by Crum to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on February 28, 1995. CASE#95-06: LAWRENCE C. SHAW, 5200 MAYWOOD ROAD, COMPONENT SYSTEMS, INC. AND/OR LEEDS ELECTRONICS INC., LOTS 16 & 17, BLOCK 2, SHIRLEY HILLS UNIT F, PID #13-117-2443 0145. CONDITIONAL USE PERMIT FOR WHOLESALE & ASSEMBLY OPERATIONS - PUBLIC HEARING. The Building Official reviewed the City Planner's report. The applicant is requesting approval of a Conditional Use Permit and variance at the subject property to allow two "wholesale and assembly" operations. Leeds Electronics involves the sales of electronic components and the storage of respective products. They do not use any chemicals as part of the operation and they do not store any hazardous materials. They presently have a total of 7 employees, four of whom will work on- site on a regular basis and three outside sales people who will occupy the building at various times. All shipping and receiving required for operation of the business is handled via UPS or regular mail. CSI (Component Systems Inc.) is involved in the design and supply of floor truss systems and related hardware. They are a wholesale business selling products primarily to metro area builders. Initially, they will have 3 full time employees at the Maywood Road location. Both of these businesses are clean uses that should fit within the existing building and Mound's B- 1 zone. 6 Planning Commission Minutes February 13, 1995 The variance is required to construct a new covered entry on the east side of the building. The existing building has a 38.2 foot setback off of Maywood Road to the required 50 foot setback. Accordingly, a variance of 11.8 feet is required to modify the existing building as proposed. The physical dimension of the proposed improvement are minimal and will affect only the Hiddenvale Lane setback and not the setback off of Maywood road that requires the variance· The way the ordinance is currently written, only a side yard setback variance is needed, however, it is staff's opinion that the intent of the B-1 provisions are to require a 50 foot setback from all property lines abutting residential districts, not just the side and rear yard setbacks. Staff noted that that an amendment to the ordinance will be discussed at a future Planning Commission Workshop meeting. Staff recommended that the Planning Commission recommend approval of the Conditional Use permit for the wholesale and assembly operations at 5200 Maywood Road subject to the following conditions: All interior improvements shall be subject to all applicable codes and standards including but not limited to the UBC, fire codes and health codes. All shipping and receiving shall be via small truck carriers such as UPS or regular mail service and all loading and unloading shall be done on the west side of the building. 3. Outside assembly and/or storage of any kind is expressly prohibited. Staff recommends that the side yard variance of 11.8 feet be granted to allow construction of the proposed covered entryway on the east side of the building subject to all improvements complying with all applicable codes and standards. Larry Shaw, emphasized that CSI does not do any assembly work, only wholesale and design work for residential builders. All products are shipped directly from the factory to the job sites. They keep inventory and warehouse joist hangers and eye joists which are shipped directly to the job site. When all the products are not used on the job, the overflow is returned and then sent out with the next job, the amount it minimal. Mr. Larry Peterson, owner of Leeds Electronics, explained that they are an electronics wholesaler, with a majority of business being sales. They will use a little more than 2,000 square feet for office space, and a little less than 2,000 square feet for storage space. They represent about 90 electronics manufacturers, a majority of the products that they sell ship directly to the customer, but they do keep an inventory on hand for emergencies. All their products are very small. Some of their customers are Control Data, Honeywell, 3-M, Medtronics, and IBM. They wholesale small electronic components only, no assembly. Six of the Seven people on staff are sales people who work outside the office. They are presently located in Plymouth. The Commission confirmed that condition #2 within the staff report requiring shipment by UPS is acceptable to them· Hours of operation will be Monday through Friday. Planning Commission Minutes February I3~ 1995 Chair Michael opened the public hearing. There being no comments from those people present, Chair Michael closed the public hearing. The Building Official noted that it was brought to his attention that a hardcover variance would also need to be granted as Mound does not yet have a Stormwater Management Plan. MOTION made by Surko, seconded by Voss, to recommend approval of the Conditional Use Permits to allow two Wholesale and Assembly Operations within the B-1 Zoning District, as recommended by staff. Motion carried unanimously. MOTION made by Surko, seconded by Voss, to recommend approval of the side yard setback variance of 11.8 feet to Maywood Road and a lot coverage variance to allow the proposed improvement, as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on February 28, 1995. REVIEW OF DOWNTOWN CONCEPT PLAN, INCLUDING THE LOST LAKE CANAL, BY BRUCE CHAMBERLAIN, PLANNING CONSULTANT. Chamberlain introduced himself to the Commission and explained that he is involved in the area of downtown economic development work. He gave an overview of the downtown concept plan Chamberlain explained that two specific projects are now in the plan preparation stage in Mound, they are the dredging of the Canal and the improvement of Auditor's Road Last year City applied for a grant and Mound was awarded $500,000 towards the dredging of the Lost Lake Canal. This approval has lead to several components of the downtown plan. This concept plan was approved in 1992 by the Council. He proceeded to review the proposed modifications to Auditor's Road. The project time schedule was reviewed. Both projects are expected to be constructed in 1996/97. Permit processes and environmental reviews will take a majority of the time. The City recently applied for another grant to construct the "Lost Lake greenway" which will be an open space corridor, trail and excursion boat landing adjacent to the north end of Lost Lake. Voss expressed a concern about boat traffic control on the canal. Chamberlain noted that a marine specialist will be consulted. Chamberlain noted that the DNR will not allow the channel to be any wider than what is proposed. Lighting on the canal was discussed. The cost to the taxpayers for this development was discussed. Chamberlain noted that a majority of the project costs will be funded through sources other than local property taxes. Planning Commission Minutes February I3, 1995 The Planning Commission discussed the need to express their support of the plan. (~hair Michael stated that he could contact "The Laker" about printing an article informing the public that the Planning Commission endorses the development. Chamberlain noted that they plan to have an open house in early March after the plans are better established. At the open house, plans will be available for viewing, feedback and comments from people will be welcome, and they will be available to answer questions. It was suggested that an open house be held at the Lost Lake site during City Days. CITY COUNCIL REPRESENTATIVE'S REPORT New Council Representative, Mark Hanus, stated that the minutes from the previous Council meeting are in the packet, and he asked if there are any questions. There were none. Chair Michael noted to the Commission that a task force for the "Music in the Parks" program will be meeting on Thursday, February 23, 1995 at 6:30 p.m. at Community Services if anyone is interested in getting involved. MOTION made by Voss, seconded by Surko, to adjourn the meeting at 9:58 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 9 LAKE MINNETONKA CONSERVATION DISTRICT BOAI~DOF DIRECTORS AGENDA 7:30 pm, Wednesday, February 22, 1995 Tonka Bay city Hall, 4901 Manitou Rd ~LL TO ORDER ROLL ~%LL CHAIR ANNOUNCEMENTS, Chair Johnstone I:; ECEtYErj 11g§5 READING OF MINUTES - 1/25/95 Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min) CONSENT ~GENDA - Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests a discussion of any item, in which case the item will be removed from consent agenda. 1. NATER STRUCTURES, Chair Doug Babcock * A. Approval of minutes, 2/11/95 meeting Excelsior Park Pavilion, new multiple dock license application to add a 100' pier to accommodate two charter boats and to widen the dock width of this pier form 6' to 8'. Excelsior Park P&vilion, recommending approval of the special density license application to install a 100' pier to store two charter boats, in exchange for two 10' x 30' transient slips to be taken out of order, with public amenities to be provided in exchange for the additional density; conditional the Minnesota Transportation Museum be added as a joint applicant to all applications and subject to review of the cross covenants by the executive director and LMCD counsel. Excelsior Park Pavilion, recommending approval of the variance application to extend the dock width from six feet to eight feet to provide better handicap accessibility and safety to the charter boats serviced on the 100' pier. Excelsior Park Pavilion, recommending denial of request from Leo Meloche, MN Transportation Museum/ Minnehaha Steamboat project, to waive $2,900 of LMCD application fees; $2,400 for the SDL application and $500 for the variance application. Minnetonka Yacht Club, recommending approval of dock license memorandum regarding denial of new dock license to change dock configuration, subject to review by staff and LMCD counsel. Draft ordinance, to establish a special rule for continuous shoreline of dock use areas in close proximity; recommending approval of third reading with the amended change "without restriction as to material riparian rights". H. RDP Partners, recommending renewal of multiple dock license on the conditions that the docks are constructed by 6/1/95, the amenities are provided by the end of the boating season, and staff has confirmed SDL requirements. If the~e conditione are met, the SDL shall be deemed not abandoned or revoked under Section 2.05, Subd. 8. I. Additional business LAKE USE ~ND R~CRE~TION, Chair Bert Foster 2/13/95 meeting was canceled B. Additional business SAVE THE LAKE ADVISORY COMMITTEE, Chair Craig Mollet &. Approval of minutes, meeting of 2/2/95; B. Informational report per 1/5/95 minutes; C. Zodiac Rescue Boat, recommendation to authorize up to $2,000 for the purchase of a Mercury 25 h.p. short shaft motor, conditional that staff reviews inventory of motors at the Water ~ patrol with Capt. Peterson. D. Additional business e ADMINISTRATIVE COMMITTEE, Chair Bill Johnstone * A. Approval of minutes, meeting of 1/25/95; 0 Report of 2/22/95 meeting held prior to board meeting with recommendations or informational report on: >Update on Minnetrista representative >Save the Lake Recognition Dinner, 2/23 @ 6:30 pm, Lord Fletchers of the Lake >Mayor's Quarterly Report, 2/24 @ 7:30 am, Norwest Bank Building Room 135, Wayzata C. Additional business $. E~RASIAN WATER MILFOIL TASK FORCE, Chair Herb Suerth A. 2/10/95 meeting was canceled. B. Additional business FINaNCIaL REPORTS, Treasurer Bob Rascop A. January financial summary and balance sheet B. Audit of vouchers for payment (handout) Executive Director Report, Gene Strommen A. Personnel progress B. March meeting schedule S. NEW BUSINESS and ~DJOURNMENT 9. Executive Session- To discuss I.~ICD v. ~.wak RECEIVE0 FEB 2 1 199§ ~ ~I~ONI~ ~ONS~"RVA~ION DIS~IC~ R~.GUI,AR ~OARD O~ DIR~.C~ORS 7:~0 ~.~.~ ~e~esday, Ja~uar~ 2§~ 1995 Tonka Bay city Hall, 4901 Manitou Road ~%LL TO ORDER Chair Johnstone called the meeting to order at 7:30 P.M. ROLL C~LL Members Present= Wm Johnstone, Minnetonka; Bert Foster, Deephaven; James Grathwol, Excelsior; Joe Zwak, Greenwood; Mike Bloom, Minnetonka Beach; Gene Partyka, Minnetrista; Tom Reese, Mound; Robert Rascop, Shorewood; Ross McGlasson, Tonka Bay; Craig Mollet, Victoria ; Duane Markus, Wayzata; Herb Suerth, Woodland. Also Present: Charles LeFevere, LMCD Counsel; Eugene R. Strommen, Executive Director; Gregory Nybeck, Administrative Technician. Members ~bsent= Douglas Babcock, Spring Park. Orono has no appointed member. CHAIR ]%NNOUNCEMENTS, Chair Johnstone Johnstone announced that the Save the Lake Recognition Dinner is scheduled for Thursday, February 23 at 6:30 pm at Lord Fletchers on the Lake. The public was invited to this dinner. READING OF THE MINUTES Zwak moved, Grathwol seconded to approve the minutes of the 12/7/94 Board meeting as submitted. Motion carried unanimously. PUBLIC COMMENTS Clarkson Lindley expressed an interest to comment on the Water Structure Minutes of 1/14/95 before approval by the Board of Directors. Johnstone acknowledged that Lindley would be able to comment on them. Tim Salazar, Mayor of Minnetrista, expressed a concern with the status of the current representative of Minnetrista, Gene Partyka. Salazar indicated that he was unanimously appointed as the representative of Minnetrista for the LMCD Board of Directors at a 1/3/95 Minnetrista city council meeting. Johnstone responded that the issue with the LMCD is not the City of Minnetrista's policy, but whether the enabling act allows a city to remove a representative from the Board during their three year term. LeFevere added in that the enabling legislation grants the cities the rights to create and dissolve the organization and to appoint members to serve a three year term. To the best of his knowledge, there is no provision that allows the cities the removal of a director during their terms. LeFevere recommended it may be appropriate to address this issue before proceeding with the Board of Directors meeting. Rascop and Foster arrived at this time. LMCD Board of Directors, Minutes, January 25, 1995, Page 2 Johnstone recommended addressing this issue in ~he new business section of this meeting. The Board concurred. CONB~'T AGENDA MOTION: Zwak moved, Bloom seconded to approve the consent agenda items identified by an "*", excluding item lA. VOTE= Motion carried unanimously. COMMITTEE REPORTS 1. WATER STRUCTURES, William Johnstone Johnstone agreed to Chair the Water Structures Committee Report, with the assistance of Gene Strommen, in the absence of Doug Babcock. ~. ~pproval of minutes, 1/14/95 meeting Lindley had three separate changes to be made on the Water Structures minutes of 1/14/95. They were: 1) Change the words "legal counsel for" on the last paragraph of page 6 to "a member of". 2) Change the word "encouraged" on the second paragraph of page 9 to "asked for a member to make a motion for". 3) Change the word "time" on the second to last paragraph of page 9 to "notice". No other changes were recommended by Lindley. MOTION: Zwak moved, Reese seconded to approve the minutes as submitted with the changes recommended by Lindley. VOTE: Motion carried unanimously. B. H~RBORAGE HO&, recommending approval of a minor change to extend dock from 90' to 96' changing west side dock configuration. Strommen mentioned that the applicant has made this proposed change to provide relief in low water situations. MOTION: Reese moved, Zwak seconded to approve the application as recommended. VOTE: Motion carried unanimously. C. Foxhi11 HOA, recommending denial of minor change to increase one slip size and decrease another for non-conforming dock. Strommen outlined that this is a grandfathered home owners association with a density greater than 1:50. The applicant has applied to increase one slip by reducing another proportionately. The committee recommends denying the application because LMCD code does not allow this because of their non-conforming status. MOTION: Reese moved, Zwak seconded to deny the application as LMCD Board of Directors, Minutes, January 25, 1995, Page 3 recommended by the committee. VOTE= Motion carried unanimously. D. Minnetonk& Yacht Club, new multiple dock license recommending denial to change the dock configuration to convert 15 slides to 10' x 24' slips. ~trommen outlined the MYC application which was reviewed on 1/14/95 by the Water Structures Committee. Strommen mentioned that the land dispute, which was identified in March of 1994, was settled with the MYC having a total of 382 feet of shoreline. Strommen described the dock configuration which would involve the building of new docks and moving them further away from the public access if approved. The plan proposes building slips for storage of boats in lieu of slides. Strommen indicated a revised plan has been received by LMCD staff since the 1/14/95 Water Structures meeting. The original plan was recommended for denial by the Water Structures committee. The revised plan proposes shortening the lengths and widths of each slip by two feet. MOTION= Rascop moved, Marcus seconded to deny the application with findings from LMCD counsel to be presented at the next meeting. DISCUSSION: Zwak mentioned he would vote in favor of approving the application for three reasons. They were: 1) The MYC is a conforming dock structure. 2) The conversion of slides to slips does not increase Boat Storage Units (BSU's). 3) The premise of denial is based on perceived bay density; not on solid facts. Zwak feels that the LMCD has no basis to deny the applicant. Rascop feels that denial is the appropriate way to handle the MYC application. He feels that denial needs to be done to address critical density in the Carson Bay. LeFevere was concerned with the current MYC Special Density License (SDL) status. The SDL for the MYC is for the lighthouse site and not the Carson Bay site. This makes this site non-conforming because it is over the 1:50 allowed by code. This would mean that MYC cannot increase number of boats or increase the size of the slips. LeFevere indicated that a new SDL may be required in order to convert slides into slips. Marcus expressed a concern with approval of the application. He thought this would contribute greatly to the traffic in Carson Bay. Bloom had trouble understanding the density issue being raised. According to LMCD code, a boat is a boat. Bloom's opinion was that this is not increasing density since the number of boats being proposed are the same as what they currently have. I2(CD Board of Directors, Minutes, January 25, 1995, Page 4 Foster mentioned he initially he was concerned with the legal aspect~of title of the land. Foster indicated he had checked with City of Deephaven officials since the Water Structures meeting on 1/14/95. Foster indicated the city officials decided not to contest this. Deephaven officials mentioned a mistake could have been made in a recent survey of this land. Foster indicated that general feedback from the Deephaven city council members is that they were not opposed to this project. William Dikel, representing the MYC, along with J.D. McCrae, listed the following factors why the application should be approved: *The reduced dock sizes in the revised site plan address Water Structures committee concerns. *The land issue title issue has been resolved. *The SDL permit includes the Carson Bay site. *The plan is just a reconfiguration, not a substantial change. *The revised site plan will increase navigational safety, a committee concern. *No change in the environment will occur. *Public access amenities are already provided for public use. *MYC encourages compliance with the no-wake zone in Carson Bay. *The application complies with LMCD code. He asked for unanimous approval since he believes the MYC is complying with all codes relating to this dock. Reese expressed a concern with the boats that would be stored at the proposed 10'x 24' slips. Reese pointed out there will be a change to larger boats from those stored at slides. Parking demands will be increased with these larger boats, but the MYC has no plans to increase parking. Tom McGoldrick restated his position as presented at the Water Structures Committee on 1/14/95. Clarkson Lindley, attorney for McGoldrick, restated his position as presented at the 1/14/95 Water Structures Committee meeting. His focus was on the legal and procedural issues related to this application. He added the following points: *Normal operating procedures would be to agree with committees recommendation to deny this application. *The amended application received was not reviewed at the committee level; this indicates a procedural problem which could be contested. *His clients and other parties interested have not had a chance to respond to the amended application. *He disagreed with Bloom's comments that a boat is a boat. He concluded that not only should the board deny the application, but the board should institute a moratorium on Carson Bay to address the critical density associated with it. Lindley mentioned that maybe a moratorium should be designated for any changes in all critical density areas of Lake Minnetonka. · Hugh Jaeger questioned whether the land title issue has been resolved LMCD Board of Directors, Minutes, January 25, 1995, Page 5 in court. Jaeger was concerned that the City of Deephaven officials were not aware of the title proceedings. He felt that continued title problems exist and he intends to challenge it. Randy Boyd restated his position as presented at the Water Structure Committee meeting on 1/14/95. Bob Woodburn mentioned he is Chairman of the Carson Bay HOA and a member of the MYC. He indicated that unequivocally there are differences between boat sizes. An unidentified resident mentioned the proposal should be turned down because of the density issue. Rascop recommended that his motion include finding of facts from the LMCD counsel for the next meeting. The resolution of denial would include a list of why the application was denied. Grathwol recommended referring this back to the Water Structures Committee. Mollet mentioned he is inclined to vote in favor of approving the application. Johnstone indicated he has not changed his stance and intended to vote in favor of denial of the application. ROLL C~LL VOTE: Ayes (7) Johnstone, Partyka, Reese, Rascop, McGlasson, Markus, Suerth; Nayes (5) Foster, Grathwol, Zwak, Bloom, Mollet. Motion to deny the application carried. E. Excelsior Park Tavern, recommending denial of minor change to the multiple dock license to add eight slips per 4/25/90 Special Density License granted for different configuration, recommending new dock license application and public hearing further recommending approval of 1995 renewal without change for 32 slips as originally license for this site. MOTION: Grathwol moved, Foster seconded to table this application and refer it back to the Water Structures Committee VOTE: Motion carried unanimously. F. Excelsior Park Pavilion new 4ock license, minor change to add a 100' pier to accommodate MN Transportation Museum Minnehaha Steamboat Charter and one additional charter boat, exchanging two slips to maintain 1:10 density at 42 BSU's as proposed by the committee for staff review, recommendation. Strommen provided background that this was an additional business item at the 1/14/95 Water Structures committee meeting. The applicant, Excelsior Park Pavilion, is proposing adding a 100 foot pier to accommodate for the Minnehaha Steamboat project. Owners of the Excelsior Park Pavilion have granted an easement at the pier, but would LMCD Board of Directors, Minutes, January 25, 1995, Page 6 remain the applicant for this. The applicant hopes to expedite the application to put the dock in yet this winter. They are prepared to remove two slips to maintain the 1:10 density provision. F ......... ~ ~-~ received a Snecial Density License (SDL) os=er asKea ir s=~ ,~=~ ~ = . received a SDL application, nu with a minor change. Johnstone indicated it was pretty clear that the SDL application was necessary to continue the review process. The Board concurred that no action could be taken on this application without a SDL. The Board committed to work with the applicant to expedite the process. The Board identified that a public hearing is needed for both the special density license and the dock width increase from 6' to 8'. MOTION: Foster moved, Grathwol seconded to authorize staff to schedule the public hearing required by law for the special density license and the 8 foot dock width. VOTE= Motion carried unanimously. G. Carlson Real Zstats Co., recommending approval of the variance request from the north dock site to allow the dock to extend from the shore, with the condition that slip lengths be reduced from 32' to 24'. Strommen provided background to the Board on this agenda item. The application requires a length variance to reach navigable water beyond emergent natural vegetation. The applicant is proposing four separate dock sites consisting of 88 Boat Storage Units (BSU's) on approximately 8900 feet of shoreline. The Water Structures Committee decided that 32' was an excessive length for slip sizes and recommended 24' slip lengths. MOTION: Zwak moved, Foster seconded to direct staff to prepare an order granting the dock length variance to 200' with 24' slip lengths. DISCUSSION: LeFevere discussed a concern of the timing of the Environmental Assessment Worksheet (EAW). He indicated that generally an EAW is performed prior to any decision being made. In general, an EAW serves as an information document. It will assist in the decision making process, not be the decision maker itself. Key environmental information can be obtained from this document to assist in making a decision. Strommen commented that LeFevere is suggesting the board should evaluate whether the EAW should be performed prior to making a decision on this. -:~: Marcus felt the EAW should be performed prior to making a decision .on this. He thought this made sense. LMCD Board of Directors, Minutes, January 25, 1995, Page 7 Marc Anderson, Lundgren Brothers Construction, representing Carlson Real Estate Co., made the following points why the applicant should be allowed to build 32' slip lengths as applied for: * Halsteads Bay is not a heavily populated and traveled bay. * Boats are longer than the manufacturers length. * Preferred method of tying boats is from all four corners. * 70% of all new docks built are 32' in length. * Research with both boat and marine owners indicate that boat owners of 23' boats indicate it is too dangerous on weekends for that size of boat. * 11'9" slip widths generally will not store boats exceeding 31' in length. * 32' boats are not necessarily deeper boats. * Aesthetically, the applicant feel this is the right thing to do. * The applicant is not looking for boats to extend beyond the slip length. * Reducing the slip length to 24' will not reduce the length the structure is in the water. Both will be 200' from shore. * The 32' slip length will provide the applicant with better navigable water at the slip length. Marcus asked for the number of acres on Halsteads Bay. He maintains that Halsteads Bay will exceed the standards of a crowded bay with this development. Zwak questioned the discussion of the board. The question facing the board is the variance and whether to allow 24' or 32' slip lengths. He feels there is no basis to limit the lengths from 32' to 24'. Bloom questioned whether the applicant qualifies for the needed hardship for a variance. Bloom mentioned that not every area of the lake is suitable for docks; this may be one. Foster felt the 32' foot slip length needed to be addressed. He indicated that dockage rights are not vested but a privilege. This can be enforced since the applicant is applying for a variance beyond 100' from shoreline. MOTION: Zwak moved, Partyka seconded to amend the original motion to allow 32' slips rather than 24' slip lengths at the north dock site. DISCUSSION: Suerth encouraged the applicant to restrict boat lengths in the development in the covenant agreements. /%MENDED VOTE: 2 Ayes (Zwak, Mollet), 10 Nayes; Motion to amend failed. Chuck Dayton, legal counsel for Carlson Real Estate Co, was concerned with several issues relating to the north dock site and the overall application. Below is a summary of the recommendations Dayton made at LMCD Board of Directors, Minutes, January 25, 1995, Page the meeting. *He recommended conducting an EAW prior to evaluating the four multiple dock licenses, but not necessarily before the variance application request at the north dock. *Suggested leaving slips lengths at 32' rather than 24'. *Requested that slip length not be part of the action of the variance if an EAW is required, slip length should be addressed in the EAW. LeFevere added that in this dock plan, boats would not be able to extend beyond the slips since the dock length being requested would be 200' from shore. This would extend beyond the Dock Use Area. Foster indicated he would support the variance application if slip lengths were restricted to 24' lengths. He would oppose the variance if the committee allowed for 32' slips lengths at the north dock site. Rascop mentioned he would abstain his vote concerning this. In his opinion, an EAW is needed in this case and it would be inappropriate to make a decision on this tonight. Dayton agreed the EAW should precede the variance vote itself. It is appropriate to decide if an EAW is needed before proceeding. He recommending tabling the vote until an EAW has been performed. VOTE ON MOTION: 11 Ayes, 1 Abstained (Rascop); Motion carried. H. Carlson Real Estate Co., request for four multiple dock licenses recommending approval. MOTION: Rascop moved, McGlasson seconded to conduct an EAW prior to proceeding the consideration of the 4 multiple dock licences. DISCUSSION: Anderson pointed out that on the final plat, an additional 132 feet of shoreline was gained. An additional dock has been applied for with the City of Minnetrista. He recommended that the additional dock be included when the EAW is performed. VOTE: 11 Ayes, 1 Naye (Reese); Motion carried. MOTION: Rascop moved, Bloom seconded to refer applications back to the Water Structures Committee subject to completion of the EAW and the findings and recommendations VOTE: Motion carried unanimously. I. Additional Business Clarkson Lindley asked the Board to establish a moratorium on Carson Bay. LMCD Board of Directors, Minutes, January 25, 1995, Page 9 Johnstone felt it was more appropriate to address this at the Water Structures Committee. LAKE USE ~ND RECREATION, Chair Foster &. &pproval of minutes, 1/23/95 meeting; MOTION: Foster moved, Reese seconded to approve the minutes as submitted. VOTE: Motion carried unanimously. B. Public Hearing Report, findings and committee recommendation for consideration of amending the observer requirement while towing water skiers during selected dates, times; MOTION: Foster moved, Reese seconded to approve the public hearing report as submitted. VOTE: Motion carried unanimously. MOTION: Foster moved, Bloom seconded to delete the obserwer requirement on Monday thru Thursday, Friday before noon, and before Memorial Day and after Labor Day for water skiers only and for those 18 years or older, as recommended. DISCUSSION: Zwak was inclined to vote against this motion. He felt that safety is a major issue. Amending the observer ordinance is not workable for the Water Patrol. It is not conceivable for the Water Patrol to stop every boat to determine age. Reese feels that the current ordinance is unsafe. Reese indicated most skiers ski on weekends because of the observer requirement. Reese felt the lake is extremely safe on weekdays and amending the ordinance will allow skiers to take advantage of this. Zwak questioned whether changing the observer requirement on weekdays would change the habits of those skiing on weekends. Suerth indicated that there must have been a good reason for the adoption of the observer requirement, probably safety. He maintained that the petitioners are here because the observer requirement is inconvenient. Suerth's main concern was that a party will address the board in the future on why the observer requirement was changed after a death or accident occurs. He feels that it would be a liability to this board to change the requirement and the LMCD would suffer the consequences. Bob Beutler restated his position as stated at the Lake Use and Recreation Committee meeting on 1/23/95. LMCD Board of Directors, Minutes, January 25, 1995, Page 10 Strommen further researched the observer requirement on other lakes after the Lake Use and Recreation committee meeting on 1/23/95. He found that the cities of Chanhassen, Eden Praire, and Victoria require an observer while water skiing, with Wright County and White Bear Lake requiring and observer on weekends. The State of Wisconsin requires an observer at all times while water skiing. Gabriel Jabour spoke on behalf of the City Council of Orono. Jabbour mentioned that the city administrator had sent a letter to the LMCD opposing this change to the observer requirement. He felt it would be a sad day when the LMCD considers convenience over the safety and welfare of the lake. He felt the proposed amendment would be discriminatory since it would not apply to other towing devices other than water skiers. He encouraged supporting the Water Patrols request for denial since they are the foremost experts on this issue. Steve Brown restated his position as stated at the Lake Use and Recreation Committee meeting on 1/23/95. Bloom took exception to Jabbour~s comments. He felt the law was not discriminatory against other towing devices. Bloom felt that water skiing creates the least safety hazards of all towing devices. He mentioned that the legislature does not require an observer for water skiing, so why should the LMCD be more restrictive. He agreed that safety is a major issue, but he is not convinced that an observer increases safety. Jerry Rockvam, Mayor of Spring Park, indicated that a resolution was unanimously passed and submitted for a public record that opposed amending the ordinance. Rockvam mentioned the Spring Park City Council felt that an observer increases the ability to rescue a skier in emergency situations. Wendy Beutler restated her position as stated at the Lake Use and ~ Recreation Committee meeting on 1/23/95. Rascop felt the board was missing the point. Rascop reminded the board not all skiers and boat operators are efficient. The deletion of the observer requirement would eliminate a possible source of safety. Peter Lanpher feels that this amendment would address the issue of density. The times associated with the proposed times would reduce on density on weekends if allowed to ski on weekdays. VOTE= 4 Ayes (Foster, Bloom, Reese, Markus), 8 Nayes (Grathwol, Zwak, Johnstone, Partyka, Rascop, McGlasson, Mollet, Suerth), Motion failed. C. Lake ~ccess Task Force Implementation Priorities, recommendation per committee evaluation; MOTION= Foster moved, Partyka seconded implementation of the Lake Access Task Force Plan as recommended. '.~' I~CD Board of Directors, Minutes, January 25, 1995, Page 11 DISCUSSION: Foster reviewed the history of the Lake Access Task Force Implementation report. Foster reviewed the recommendation of the committee was to implement the outline provided by staff. He indicated that staff and the appropriate Board member would contact the appropriate cities. Rascop complimented the committee. Strommen mentioned other support would be provided by the DNR VOTE: Motion carried unanimously. D. Hennepin County Sheriff's Water P&trol Special Deputy Candidate recommendation for the Save the Lake Dinner Recognition; The Lake Use and Recreation committee delegated the selection of the special deputy to Foster and Strommen to recommend a candidate to the Board. The list of candidates was not available at the Lake Use and Recreation committee meeting. Foster and Strommen recommended Anthony Pollack for the Save the Lake Recognition Dinner. MOTION: Rascop moved, Bloom seconded to accept the recommendation of Anthony Pollack as the special deputy to be recognized. VOTE: Motion carried unanimously. E. Additional Business- There was no additional business. SAVE THE LAKE ADVISORY COMMITTEE, Chair Mollet B. Informational report per 1/5/95 minutes; Mollet briefed the board on the minutes of 1/5/95. Mollet highlighted two key activities of the committee. They were 1) total contributions for 1994 were $30,000 + and 2) the Zodiac rescue boat has been purchased and delivered to the Water Patrol. The Board congratulated the committee on their activities for the past year. C. Additional Business- There was no additional Business. 4. Administrative Committee, Chair Johnstone B. Report of 1/25/95 meeting, with recommendations to the board Proposal to develop an RFP for Eurasian Water Milfoil contractual harvesting- Johnstone indicated that Reese and Strommen have taken an in depth look at contracting milfoil harvesting. A report by Strommen recommended not contracting for 1995 and continue harvesting this summer as done in the past. Strommen recommended to investigate converting one of the harvesters to paddle wheel propulsion this summer. The committee recommended approving the report with the yard of Directors, Minutes, January 25, 1995, Page 12 MOTION: Rascop moved, McGlasson seconded to accept the report as recommended. VOTE: Motion carried unanimously. )Quarterly Mayors meeting- Johnstone announced the meeting will be held on 2/25/95 at 7:30 am in room 135 at the Norwest Bank Building in Wayzata. Johnstone encouraged feedback from board members on agenda items for the meeting. He reminded board members that staff needs to know who will attend. ~Auditor Selection- Recommending Babcock, Langbein, and Company ~Legal Counsel- Recommending Charles LeFevere >Prosecuting Attorney- Recommending Steven Tallen )official Newspaper- Recommending Weekly News ~Bank Depository Resolution for Fiscal Year 1995- Norwest Banks >Approval of additional storage for EWM equipment for $50/month- Recommending amending lease for the $50 increase per month. MOTION: Grathwol moved, Bloom seconded to approve the recommended auditor, legal counsel, prosecuting attorney, official newspaper, bank depository, and additional storage as recommended by the executive committee. Motion carried unanimously. )Performance/compensation evaluation of executive director- Johnstone and Rascop meet with Strommen on the morning of 1/25/95 and made the following recommendation. *4% salary increase (effective 1/1/95) *Mileage for travel at $.30 per mile, consistent with state requirements. *Allow Strommen to join a local service club with the LMCD paying the annual dues and meeting expenses. *A $6 increased adjustment to health insurance reimbursements. MOTION: Rascop moved, seconded by Mollet to approve the compensation adjustments as recommended. VOTE: Motion carried unanimously. C. Additional Business- There was no additional business. $. Eurasian Water Milfoil Task Force, Chair Suerth B. Informational report per 1/13/95 minutes Suerth briefed the board from the 1/13/95 meeting. He commented that: *The control plan for 1995 will basically be the same as last year. *There has been successful control of EWM using Sonar in East Parkers Lake and Lake Zumbra. ~; *The exploration of contracting for the harvesting for milfoil was Board of Directors, Minutes, January 25, 199§, Page 13 *discussed. *The conversion to a paddle wheel propulsion on one harvester. *Encouraged a proactive approach on Zebra Mussels Jabbour encouraged maintaining the propeller propulsion, besides the paddle wheel propulsion for the ability to get the shore quicker. C. Addition&l Business- There was no additional business. G. FINANCI~%L REPORTS, Treasurer Rascop A. Year-end financial s-m~ar~ &nd b&lance sheet Rascop mentioned that this is subject to audit. Rascop questioned the shortage in the milfoil revenue for 1994. Strommen mentioned that the grant funds had not been received as of 12/31/94 from the DNR and the Hennepin Conservation District. These funds were since received from the DNR and Hennepin County Conservation District in January. B. Audit of vouchers for payment }MOTION: Rascop moved, Grathwol seconded to accept the report as submitted. VOTE: Motion carried unanimously. ?. Executive Director Report, Gene Strommen Personnel Progress temporary employment service secretary has been engaged this month. B. Febru&ry Meeting Schedule The Administrative Committee needs to be changed to 6:30 p.m. Also, the Quarterly Mayor meeting needs to be added on 2/24/95 at 7:30 am at the Norwest Bank in room at 135. Strommen added that at the Save the Lake Recognition Dinner, Judd Brackett would be the featured program with a historical slide presentation. Outgoing board member, Tom Penn, and the special deputy will also be featured at the dinner. New Business and Adjournment Johnstone mentioned he talked to Mayor Salazar of Minnetrista before he left. Salazar indicated he wanted to resolve the issue before the next board meeting. Johnstone felt the issue is strictly legal. He recommending LeFevere review this with the attorney of Minnetrista and report back. LMCD Board of Directors, Minutes, January 25, 1995, Page 14 .~ Reese indicated that the management plan comments on ~his issue. In the plan, it specifies that a community shall not relieve o~ replace its member in the middle'of a term. This was done to recognize that the constituency is greater than those who live on the lake. Bloom recommended allowing the city of Minnetrista to seek legal opinions, including the attorney general's. This could be discussed at the quarterly mayors meeting. LeFevere recommended that the LMCD consider obtaining the Attorney General's opinion. Johnstone recommended that Grathwol, Bloom, LeFevere and himself to develop a position on how to resolve the issue and report back to the board. ~DJOFRNMENT Chair Johnstone declared the meeting adjourned at 11:25 pm. Wiliam Johnstone, Chair Joseph Zwak. Secretary LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Meeting: Water Structures Committee RECEIVED 2 8:35 am, Saturday, February 11, 1995 Room 135, Norwest Bank Bldg., Wayzata Members Present: Doug Babcock, Spring Park, Chair; William Johnstone, Minnetonka; Gene Partyka, Minnetrista; Jim Grathwol, Excelsior; Ross McGlasson, Tonka Bay; Greg Nybeck, Administrative Technician; Beverly Mierzejerski, Recorder me Excelsior Park Pavilion- special density license (SDL) application to install a 100' pier to store two charter boats, in exchange for two 10' x 30' transient slips to be taken out of service, with public amenities to be provided in exchange for the additional density. Babcock was concerned with the timing of this request. He questioned whether the SDL application should be considered because of the pending multiple dock license application. Babcock indicated to the committee that the multiple dock, special density license, and variance applications ideally should be reviewed together. Babcock felt that a public hearing would be needed for a multiple dock license application from the Excelsior Park Pavilion. MOTION: McGlasson moved, Grathwol seconded to waive the public hearing required for the multiple dock license application from the Excelsior Park Pavilion and to review the multiple dock application at the next board meeting. DISCUSSION: McGlasson felt the publics interest was served at the public hearing held for the variance and special density license applications for the Excelsior Park Pavilion. He felt the motion was appropriate since there was no opposition voiced in these hearings. Johnstone asked staff on the days required for public notice relating to public hearings? Nybeck indicated ten days were required for public notice on public hearings. Babcock re-emphasized the need to review the multiple dock license application prior to making a decision on the special density and variance applications. He felt it would be beneficial to review all .three applications together as one. VOTE: Motion carried unanimously MOTION: Johnstone moved, Partyka seconded to recommend approval of the special density license, conditional the Minnesota Transportation Museum (MTM) be added as a joint applicant to all applications and subject to review of the cross covenants by the executive director and LMCD counsel. DISCUSSION: Babcock identified that a key aspect of all SDL applications are the amenities provided for the increased density. Babcock briefed the committee that LMCD Code requires .5 amenity WATER STRUCTURES COMMITTEE, MINUTES, 2/11/95, Page 2 points for each slip over the allowed 1:50', with a minimum of 20 .amenity points. Based on these requirements, the applicant required a total of 20 amenity points for this application. The committee reviewed the amenities associated with this SDL application. Babcock outlined that public access amenities receive 10 points, environmental protection receive 5 points, and public service amenities receive 3 points. In reviewing the application, the committee found that amenities provided by the applicant exceeded the required 20 points. The applicant will provide the following amenities. *Free charter boat excursion boat trips for handicap or underprivileged (10 pts). *Shoreline protection riprap (5 pts.) *Marine towing service (3 pts.) *Boat Safety Literature (3 pts.) The committee discussed other amenities unique to the Minnehaha Steamboat project. The committee added that historical significance should be credited to the nature of the project. The committee agreed that five points should be noted to the amenities provided by the applicant because of the public nature of the Minnehaha Steamboat project. Grathwol expressed a concern of his, and the committee, that the MTM and the Excelsior Park Pavilion should be joint applicants. He is interested in knowing the terms of the joints applicants and how this partnership is affected if one party disassociates. Babcock added if the two parties part ways, the LMCD could put a provision on the license that the applicant would need to submit in for a new license. Grathwol presented a friendly amendment of the motion conditional to review by the executive director and LMCD counsel of the cross covenants, stating the two parties are joint applicants. VOTE: Motion carried unanimously. Excelsior Park Pavilion- Variance application to extend dock width from six feet to eight feet on the 100' pier, to better accommodate for handicapped access to the charter boats serviced on the 100' pier. MOTION: Johnstone moved, Grathwol seconded to recommend approval of the variance to the board to extend the dock from 6' to 8'. DISCUSSION: The committee identified the hardship criteria met to grant this variance were handicap accessibility and safety to persons and boats. Grathwol indicated an interest in reviewing this ordinance for possible amendments for future use. VOTE: Motion carried unanimously. MOTION: McGlasson moved, Grathwol seconded to recommend to the' board waiving all or part of the special density and variance fees relating to the Minnehaha Steamboat project. WATER STRUCTURES COMMITTEE, MINUTES, 2/11/95, Page DISCUSSION: Babcock mentioned that the LMCD has generally not waived fees in the past. Babcock felt two factors justified not waiving the fees in this application. They were (1) the administrative costs in processing the application and (2) the pier is just a small section of the overall dock plan at the Excelsior Park Pavilion. Grathwol indicated he attended the last "Save the Lake "meeting. Grathwol indicated the committee referred Meloche to the Water Structures conunittee to see if the LMCD fees could be waived. If the fees were not waived, the "Save the Lake" committee would consider a donation for payment of the LMCD fees related to the project. McGlasson recommended waiving LMCD fees relating to the Minnehaha Steamboat project, excluding administrative costs in the processing of the application. McGlasson felt $300 was sufficient to pay for the administrative costs. VOTE: Ayes (2, McGlasson, Partyka), Nayes (3, Babcock, Grathwol, Johnstone); Motion failed. Minnetonka Xacht Club- dock license memorandtun regarding denial of new dock license to change dock configuration, including converting 15 slides to slips. MOTION: Johnstone moved, Partyka seconded to recommend to the board approval of the findings of the MYC application as presented in the packet, subject to review by staff and LMCD counsel. DISCUSSION: Johnstone felt the findings reasonably accurately described the discussions and analysis of the details of denying the MYC application. Johnstone questioned whether the amount of detail of the report was required for the findings. Grathwol questioned the applicability of the density criteria characteristics used to determine critical density. He felt since they were developed in 1976, changes may need to be made. He supported the conclusions in the MYC case, however, he felt it may be necessary to review these critical bay density criteria for future use. Johnstone concurred with Grathwol's concerns about the criteria. He mentioned that it was evident the bay is overcrowded but he questioned whether we need to support the boards actions with these dated criteria. Johnstone questioned whether the lengthy discussion that a new special density license is required for the MYC in Carson Bay needs to be included in the findings. Johnstone indicated this discussion is relevant, however, the boards decision not to grant the multiple dock license was not based on this. Babcock was under the impression a SDL was granted for the Carson Bay site. Babcock indicated if there is not a SDL for this site, one would have to be obtained prior to reviewing a new multiple dock license. WATER STRUCTURES COMMITTEE, MINUTES, 2/11/95, Page 4 A friendly amendment was made to direct staff and LeFevere to review the criticml density and SDL issues raised, mhd present the amended findings at the board meeting. VOTE: Ayes (4), Nayes (1, Babcock); Motion carried. 4. Draft Ordinance- to establish a Special Rule for continuous shoreline of dock use areas in close proximity. MOTION: Johnstone moved, Grathwol seconded to recommend approval to the board and recommend third reading, with the amended change "without restriction as to material riparian rights". DISCUSSION: Grathwol asked for interpretation with the language "with no restrictive covenants". He felt the language was not clear and needed clarification. Babcock indicated the intent was to not allow the transfer of density from one site to the other. Babcock felt the language could be clarified further. The committee concurred that clarification needed to be done. A lengthy discussion took place on possible clarifications. The committee agreed to amend this phrase to "without restriction as to material riparian rights". A friendly amendment was made to include this in the original motion. VOTE: Motion carried unanimously. 5. Wayzata Yacht Club Site 1 and 2 annual renewal application- identifying "dolphin" poles between slips and the end of the walkway structures, in some instances accommodating watercraft storage extending beyond dock slips, "dolphin" poles not a part of the licensed dock stricture for this nonconforming stricture. Babcock mentioned that the applicant was unable to attend t~e meeting and they requested the issue be tabled to the next Water Structures meeting in March. Babcock noted that staff needs to encourage the Wayzata Yacht Club to resolve this issue before the commencement of the next boating season. MOTION: Babcock moved, Johnstone seconded to table this agenda item to the Water Structures Committee meeting scheduled in March. VOTE: Motion carried unanimously. 6. Upper Minnetonka Yacht Club- multiple dock renewal application, w/o change, to comply with special density license granted on 7/26/89. Babcock provided background on the issue. Babcock mentioned both a multiple dock and special density license were granted for the UMYC in 1989. The LMCD has enacted a non-construct provision code relating to docks since these licenses were initially approved. Babcock reviewed LMCD code which identifies when a facility shall be deemed abandoned. WATER STRUCTURES COMMITTEE, MINUTES, 2/11/95, Page 5 Babcock felt the renewal of the multiple dock license is problematic since this abandonment clause date is on March 10, 1995. If the docks are not built by this date, it will require a new multiple dock license since the special density license is considered abandoned. The intent of the non-build clause was to require building under current code, not under code when the applications were approved. This allowed keeping up to date applications that are not built. Grathwol favored extending the construction clause date and approving the renewal of the multiple dock license. Grathwol recommended using construction contracts as assurance to the project being completed in the near future. Babcock was concerned in making this concession to the applicant. He indicated the intent of the non-construction clause related to the dock facilities, not the building itself. Babcock indicated construction on the building itself does not qualify as partial construction. He mentioned the March 10 date was determined to allow through the ice construction of the docks. Grathwol explained the applicants have a signed contract for construction of the docks, but they will not be constructed before the March 10 deadline. He felt the dock contract should suffice to allow RDP to build the docks as long as they are constructed before the end of this boating season. Babcock mentioned there are legal and practical reason to not renew the multiple dock application. From a practical standpoint, there SDL will expire on March 10. This would require a new multiple dock license application. Legally, there is an ordinance on the books that establishes this non-build clause. The issue before the committee is whether to make the applicants reapply for a new SDL. Babcock felt the ordinance could be changed or removed, but he was not comfortable to not applying the ordinance as stated in the code book. Grathwol mentioned he is favor of recommending approval of the application, pending the construction of the docks this upcoming season. If not completed, the SDL should be revoked. McGlasson mentioned the idea of granting the applicant a 90 day extension to June 10. Babcock felt the ordinance would not allow for this. Babcock was willing to consider granting a variance to the ordinance in this case. Johnstone asked if the applicant applied for a SDL today, would they qualify for one. Babcock felt they would qualify under current code requirements for SDL's. Johnstone questioned whether the applicant would qualify under current LMCD Code for amenities if a new SDL application is required. WATER STRUCTURES COMMITTEE, MINUTES, 2/11/95, Page 6 Nybeck mentioned the amenities listed in the staf~ memo were evaluated with current code. Dick Putnam mentioned the applicant is RDP Partners, not the Upper Minnetonka Yacht Club. He indicated the overall project is an office building, with part of the building leased to the yacht club and marina. The main reason why the 32 slips site has not been built has been financing. Putnam indicated the securing of financing was put on hold in the early 1990's because of the lack of financing for office buildings. Putnam mentioned they could have just put up the marina facility itself. However after conversations with the City of Spring Park and Gene Strommen, RDP decided not to do this because it would not have kept the faith with the City of Spring Park. Putnam indicated that RDP Partners is not in the business of building a marina but are interested in building a unique office building. Putnam described that initially, they understood the non- construction clause was in January. They later tmderstood the date was changed to the beginning of the boating season when the date was actually March 10. Putnam indicated to the conunittee the building is under contract, the rip rap is ready to begin, a dock contract has been signed with Serv-A-Dock, the yacht club lease has been signed, and the marina dock requirements are being assembled for staff review. A concern of RDP is to break ice to put docks in during March of 1995 to comply with the non- construction clause. Babcock expressed a concern that the LMCD has already conceded once on the non-construction clause. He indicated that nearly four years have passed since the initial non-construction clause was approved. Babcock felt this was sufficient time to have these docks built. He did not recommend another non-construction date since it would require an ordinance change. Grathwol studied the ordinance to find a solution to resolve the problem. Grathwol mentioned after reviewing the ordinance, he interpreted that the conunittee could allow it since it is partially under construction. Johnstone asked staff the cost of a SDL license. Nybeck responded the costs are $50 per BSU and a $300 base fee. MOTION: Johnstone moved, Grathwol seconded to recommend to the board approval of the multiple dock license to be built by 6/1/95, to provide amenities by the end of the boating season, and to direct staff to confirm SDL requirements. DISC~3SSION: Grathwol indicated the issue present to the LMCD iv whether to require the applicant to construct before March 10 through the ice or do we amend the ordinance to allow them to construct at a later date? Grathwol felt it is in everyone's best interest to allow RDP an extension on this non-construction clause. WATER STRUCTURES COMMITTEE, MINUTES, 2/11/95, Page 7 Johnstone concluded that since confirmations concerning a signed contract with a dock contractor, confirmation from staff they meet SDL requirements, and confirmation from staff that the building is under construction, to conclude the board can allow them to complete it after March 10. Partyka was concerned that the LMCD is getting hung up on dates. He indicated since the building is under construction, that contracts are signed, and the amenities will be provided, he encouraged to allow completion of the project. Babcock was concerned with the construction of the docks and the renting of the slips without providing all the amenities. Johnstone indicated he reco~unended a friendly amendment to his motion declaring a must build date of June 1 and changing the multiple dock provisions allowing the applicant to do this. Grathwol added that the renting of docks before the amenities are provided is an administrative function. As long as the amenities are provided this year, LMCD Code indicates the site will not be deemed abandoned and the SDL will remain. He reiterated the amenities need to be provided before the end of the year. McGlasson added the amenities to be provided far exceed the standards set by LMCD Code. VOTE (Multiple Dock): Ayes (4) Nayes (1, Babcock); Motion carried. MOTION: Grathwol moved, Johnstone seconded recommending if conditions of the multiple dock license are met, the SDL is deemed not abandoned or revoke under Section 2.05, Subd. 8 of LMCD Code. VOTE: Ayes (4) Nayes (1, Babcock); Motion Carried. 7. Public Hearing Report- Ordinance for Planned Usage Development (PUD) Procedures and definition for Public Piers. MOTION: Johnstone moved, Grathwol seconded to table this agenda item. VOTE: Motion carried unanimously 8. Additional Business Johnstone indicated that Chuck Dayton, attorney for Carlson Property, is currently researching LMCD files to present a case that it is unreasonable for the LMCD to enforce restrictions on slips lengths. Johnstone felt it is reasonable for the LMCD to tie restrictions to slip lengths when a variance is being applied Johnstone recommended staff conduct research on similar cases to determine whether the LMCD has a good understanding of the facts before proceeding. Johnstone further recommended the idea of the Lake Use and Recreation Co~unittee identifying whether specific bays of the lake should prohibit charter boats. Johnstone used Carson Bay as an examp1 e. WATER STRUCTURES COMMITTEE, MINUTES, 2/11/95, Page 8 Babcock directed staff to prepare envelope subcommittee ordinances for the March Water Structures Committee meeting. MOTION: Johnstone moved, McGlasson seconded to direct stall to prepare envelope subcommittee ordinances for the next Water Structures Committee meeting in March. VOTE: Motion carried unanimously. ADJOURNMENT: Babcock declared the meeting adjourned at 10:10 am. FOR THE COMMITTEE Douglas E. Babcock Chair Gregory S. Nybeck Administrative Technician ~ MLNNETONKA CONSF.~VATION DISTRICT ORDINANCE NO. AN ORDINANCE RELATING TO SHORELINE RE{~UIREMENTS AND CALCULATION OF BOAT STORAGE DENSITY ON LAKE MINNETONKA; AMENDING LMCD CODE SECTION 2.02 BY ADDING SUBDIVISION 5 THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) ORDAINS that the LMCD Code of O?aln~"ces, Section 2.02 is amended by addin~ new subdivision § ~ foliows: Subd. 5. Special Rule for Non-Continuous Shoreline of Dock Use Areas in Close Prox/mity. The Board may authorize shoreline from one or more sites (the "transferor sites") to be counted as part of another site (the "transferee site") for the purpose of computing permissible boat storage density. Applications for permission to transfer boat storage density shall be made in accordance with the procedures set forth in section 2.03 and shall be processed as a part of the applicant*s multiple or commercial dock license application. Criteria to be considered by the Board in evaluating whether to approve suoh application sbgll include all criteria set forth in Section 2.03, subd. 3a). No such permission to t~ansfer boat storal~e density sb-!l be ~Tanted by the Board unless the followin~ additional conditions are met: a) The dock use areas of each transferor site and the t~ansferee site may be no more tbs- 150 feet apart. b) The credit for boat storage 'density transferred from any transferor site may not exceed one restricted watercraft for each 100 feet of shoreline of the transferor site (with fractional watercraft counted in accordance with subdivision 1). c) The total boat storaile at the transferee site may not exceed one restricted watercraft for each 35 feet of shoreline of the transferee site (with frsctiona/wstercr~f't counted in accordance with subdivision 1). d) No variances, other tb~ temporary low water variances, may be ~z~nted for construction of docks at the tra~3sferee site. f) As long as the transferee site is used for the storaile of more restricted watercraft than this Code would show without the transfer oi' boat storage density under this subdivision: t) the transferor sites and the transferee site must be in common owners ; WiTii "^ ,-. ...................... ~., and "WITHOUT RESTRICTION AS TO MATERIAL RIPARIAN RIGHTS" ~) docks or boat sto~e is'~pez~nitted on the transfe~o~ Sites; and :~ ~) the tz~nsfe~o~ sites must be maintsUned in essent~Al!y'& natural s~ate and may not be used fop ~esiden~tal dwe!]{n~ units o~' commArcisl uses. Th~s ordinance is in effect f~om and after its passage and publication in accordance with the enabling act of the Distr~ct. It is enacted by a ma~orit~ vote of all the members of the Board and has the affect of an ordinance. Adopted by the LMCD Board th{= -.- day' of , 1994. ATTEST Douglas E. Babcoclc, Secreta~- C~7&70~ LAKE MINNETONKA CONSERVATION DISTRICT Save the Lake Advisory Committee Minutes 5:00 pm, Thursday, February 2, 1995 RECSIvSS LMCD Conference Room 160, Norwest Bank Building Present: Chair Craig Mollet, LMCD Board; Co-chair Bob Pillsbury; Jim Grathwol, LMCD Board; Len Kopp; Frank Mixa; Stuart Frick; Administrative Technician Greg Nybeck; MEETING MINUTES. Pillsbury recommended a change to the "Zodiac Boat" section of the 1/4/95 minutes on page 1. Pillsbury clarified that the "a 25 hp outboard motor" section should read "a 25 hp Mercury outboard motor, short shaft". The minutes of the 1/4/95 meeting were accepted with the change recommended by Pillsbury. ADDITIONAL BUSINESS. Chair Mollet moved the presentation of the Minnehaha Steamboat project since Leo Meloche was in the audience. Meloche addressed the committee on the progress of the project including an update on its financial status. Meloche provided an up-to-date overview of the project. He reported the project is 85 % complete with a completion date targeted for mid summer of 1995. He reported the first departure will take place in August for training purposes only. The project to scheduled to open to the public in the summer of 1996. Meloche addressed the committee's interest in circulating financial information relating to the project. This included the Museum's Long Range Plan and Mission Statement, Financial Statement and Audit, Museum Summary of Plans and Operations, an income statement, and a balance sheet. Meloche summarized this financial data in a one page synopsis. Meloche reviewed key details of the financial synopsis with current status estimates. He reported the cost of the project was estimated at $500,000 in 1990. A total of $198,000 of cash donations have been received up to date. This has been supplemented with an approximated $215,000 of donated man hours, or a total of 43,000 hours. Meloche indicated the project is very limited on funds. He identified other aspects of the project where additional funding is needed. They include a ramp; the pier; dredging; steam gauges, fittings, controls; cabin finishing; LMCD fees; additional axels trailer cradle; monthly utilities; and monthly equipment and supplies. Meloche asked the committee to waive the LMCD special density and variance application fees of $2,900, or make a donation to help pay for them. Meloche explained that this is an once in a lifetime opportunity to experience transportation in the early 1900's around Lake Minnetonka. The consensus of the committee was to refer Meloche to the Save the Lake Advisory Committee, Minutes, 2/2/95, Page 2 Water Structures committee meeting being held on February 11. They indicated this discussion was more appropriate at this meeting since the Save the Lake Advisory Committee has no authority to waive dock fees. If Meloche is unsuccessful at the Water Structures Committee, the committee recommended Meloche report back for potential funding through "Save the Lake" funds. DRAFT 1995 SAVE THE LAKE BUDGET PRESENTATION. Nybeck introduced the draft budget prepared by staff which detailed anticipated revenues and expenses for 1995. He encouraged feedback from the committee on the projections of revenues and expenses prepared by staff, on the projects proposed without dollar figures associated with them, and other new projects the committee decides to implement in 1995. Nybeck indicated these figures are only arbitrary and there will be opportunities to make changes at future meetings. Divers Lake Bottom ~lean Up- Frick expressed an interest in improving this project. He felt a proper amount of funding needs to budgeted for the project with the shortage of chase boats in the dive areas in 1994. Pillsbury concurred with Frick that proper budgeting needs to be done this year. He agreed there were a shortage of chase boats in 1994. Pillsbury recommended the project be moved up the one week to avoid Father's Day weekend. Pillsbury continued that funds needed for 1995 should be less than for 1994 since there is already a supply of t-shirts available from 1994. Pillsbury continued that a limited number of t- shirts need to be purchased for 1995 to supplement the supply left from 1994. Pillsbury reported that t-shirts were the largest expense for this project in 1994. The committee agreed to budget $500 for the project. Lakeshore Clean-Up Program- The committee was interested in budgeting for this program, but had some concerns on how to implement it. Frick felt implementation of clean-up programs is difficult on Lake Minnetonka since the majority of shoreline is privately owned. Some of the ideas discussed by the committee were: *Pillsbury recommended cleaning in the channel areas. *Mixa recommended a Spring clean-up around the shorelines after ice out. He indicated a lot of trash is generated by ice fisherman. *Mollet expressed an interest in contacting the cities to generate a list of locations of where to clean. *Mixa recommended working with Hennepin County and Dennis Bailey on joint effort cleanups. *Designate bridge or ramp areas cleanups by a designated action group. These cleanup areas would be posted with a sign designating the cleanup group(s). Mollet identified the need to know the cost of these signs. Save the Lake Advisory Committee, Minutes, 2/2/95, Page 3 Frick was concerned with the placement of signs in ramp areas and around bridges. He felt the area was already too cluttered with signage. The committee directed staff to generate a list of all commercial and non-profit businesses and organizations in the Lake Minnetonka area. The committee would like to review this list at the next committee meeting. The committee agreed to budget for $500 for the lakeshore cleanup for 1995. Mercury 25 hp short shaft motor for the zodiac boat- Pillsbury recommended purchase of this motor for the zodiac emergency boat recently purchased for the Hennepin County Sheriff's Water Patrol. Pillsbury indicated he had talked to the Water Patrol and they mentioned a new motor is necessary for the zodiac boat. Pillsbury indicated he had researched the cost of this new motor and had found a good purchase price. This price was $1,795 with a three year warranty. Mollet was concerned that the purchase of the motor may be premature. Mollet referred to a conversation that Strommen had with Capt. Peterson. In this conversation, Capt. Peterson indicated their inventory did not require the purchase of a new motor. Mollet recommended clarifying this discrepancy of whether the motor is needed prior to moving forward with the purchase. Mixa moved, Pillsbury seconded to recommend to the board up to $2,000 for the purchase of a Mercury 25 h.p. short shaft motor, conditional that staff determine the need for it by checking the inventory of motors at Water Patrol with Capt. Peterson. Motion unanimously approved. Other Projects- The committee agreed to put the remaining funds, $18,200, in the reserve fund for new proposals. This money will be appropriated at future meetings. ACTION GROUPS REPORT- The committee tabled this until the list of commercial and non-profit businesses and organizations in the Lake Minnetonka area is available. Mixa expressed an interest in running an article in the local newspapers encouraging leadership groups to take an interest in projects. PRIORITIZE FUNDING PROGRAMS- The committee expressed a funding priority is to develop an informational slide presentation on the LMCD. The committee agreed to look at possible avenues to complete this project. The committee also felt a top priority was the grocery bag promotion with Super Valu. Nybeck reported that Strommen is Save the Lake Advisory Committee, Minutes, 2/2/95, Page 4 working with a representative on this. Pillsbury indicated timing of this promotion is key. The committee also felt proper organization of the Diver Lake Bottom and Lake Shore Clean-up projects was essential. MINNEHAHA CREEK WATERSHED DISTRICT SLIDE PRESENTATION- Nybeck reviewed the slide presentation of the Minnehaha Creek Watershed District. The committee was complimentary of the presentation and felt there is a need to get this project started. ADJOURNMENT. There being no further business, the meeting was adjourned at 6:20 pm. Respectfully submitted; Gregory S. Nybeck Administrative Technician LAKE MINNETONKA CONSERVATION DISTRICT Administrative Committee Meeting Report Minutes 6:30 pm, Wednesday, January 25, 1995 Tonka Bay City Hall Present: Chair Bill Johnstone, Jim Grathwol, Ross McGlasson, Craig Mollet, Joe Zwak, Gene Partyka, Tom Reese, Herb Suerth, executive director Gene Strommen, and administrative technician Greg Nybeck. 1. MEETING REPORT. Zwak moved, Partyka seconded to accept the minutes of 12/7/94 as presented. Motion carried unanimously. 2. EXECUTIVE DIRECTOR REPORT ON PROPOSAL TO DEVELOP AN RFP FOR EURASIAN ~FATER MILFOIL CONTRACTUAL HARVESTING. Strommen provided details on the report to develop a RFP for Eurasian Water Milfoil (EWM) harvesting. Strommen recommended to continue harvesting EWM with the LMCD coordinating EWMharvesting activities. He expressed several concerns with using a contractual harvester. Some of these include: 1) Costs- feels costs would be excessive 2) Method of Payment- how would contractor be paid 3) Supervision- would still require LMCD supervision because of the large investment 4) Contractors- lack of qualified contractors Strommen felt a lot of issues need to be resolved before EWM harvesting can be contracted out. Strommen recommended converting one EWMharvester to paddle wheel propulsion. Reese had reservations of the Executive Directors Report. Reese was concerned that the report was not objective. He felt the report only outlined reasons not to contract for harvesting. Reese indicated he would accept the recommendation for this year, but feels the issue needs to be addressed immediately for 1996. Reese commended Strommen's recommendation for converting a EWM harvester to paddle wheel propulsion. Zwak asked the committee if there are other ways of controlling EWM. He expressed a curiosity in using herbicides and other chemicals. Strommen mentioned that the DNR has limited chemical options, none of which would be successful in Lake Minnetonka. The DNRhas indicated that harvesting EWM is best option available for Lake Minnetonka. Johnstone recommended that Reese, Suerth, Strommen, and Nybeck investigate contractual harvesting of EWM for 1996. ADMINISTRATIVE COMI~ITTEE, Minutes, 1/25/95, Page 2 QUARTERLY MAYOR'S REPORT. Johnstone announced the next quarterly mayors report meeting is scheduled for 2/24/95, at 7:30 am. The meeting will be held in room 135 at the Norwest Bank Building in Wayzata. Strommen circulated a copy of an agenda used at a past meeting. Johnstone expressed the need to shorten the agenda for this meeting. He encouraged feedback from other committee members. Reese agreed the agenda was too long and needed to be shortened. Two topics he recommended were the Planned Usage Development (PUD) ordinance and the Envelope Concept. Grathwol agreed to shorten the agenda and recommended four agenda items for this meeting. Grathwol encouraged the committee to make recommendations to staff and organize the agenda accordingly. Johnstone encouraged committee members to think about possible agenda items and communicate them with staff or himself. ~UDITOR SELECTION ]%PPOIHTMENT, Recommending Babcock, Langbein, and Co.; Strommen indicated to the committee that Babcock, Langbein, and Company have performed the audit functions the past two years. The cost of the audit, if chosen, would be $1,100 for 1995. Grathwol moved, Reese seconded to recommend the firm of Babcock, Langbein, and Company to serve as auditor for the year of 1995. Motion carried unanimously. LEGAL COUNSEL ~PPOINTMENT, Recommending Charlie LeFevere, Holmes and Graven; MOTION: Grathwol moved, McGlasson seconded to recommend Charlie LeFevere, Holmes and Graven, as legal counsel for 1995. DISCUSSION: Reese indicated he felt leadership and legal advice issues need to be addressed. Reese recommended discussing them with LeFevere. Grathwol favors recommending LeFevere, however, he feels that it would not be inappropriate to discuss these issues with LeFevere. Grathwol felt it would difficult to replace LeFevere. Johnstone indicated he would discuss these issues in the near future. ADMINISTRATIVE COM~(ITTEE, Minutes, 1/25/95, Page 3 VOTE: 5 Ayes, 2 Abstained (Zwak, Mollet); Motion carries. PROSEC~TINH ~TTORHEY 2%PPOIHTMEHT, Recommending Steven M. Tallen; MOTION: Reese moved, Zwak seconded to recommend Steven M. Tallen as prosecuting attorney for 1995. DISCUSSION: Grathwol recommended a periodic review from the prosecuting attorney to the Board of Directors. Grathwol felt this review would educate the Board on this position and the responsibilities associated with it. The Board could share comments and concerns with the prosecuting attorney. Reese complimented Tallen's past performance and recommended him for 1995. Johnstone indicated that Tallen is willing to communicate with the Board semi-annually. VOTE: Motion carried unanimously. 7. OFFICIAL NEWSPAPER SELECTION, Recommending Weekly News; MOTION: Reese moved, McGlasson seconded to recommend the Weekly News as the official newspaper for 1995. Zwak questioned whether the committee should investigate using other local newspapers in addition to the Weekly News. Zwak felt circulation is a problem with the Weekly News since it is not delivered directly to homes. Johnstone explained that the Weekly News has been used to meet legal obligations of the LMCD. Articles are published in the other newspapers , such as the The Laker and The Sun Sailor, when appropriate. VOTE: Ayes (6), 1 Abstained (Grathwol); Motion carries. 8. B]~NK DEPOSITORY RESOLUTION, Naming officer to sign checks and other financial institutions as directed by the board; MOTION: Reese moved, Grathwol seconded, to recommend using Norwest Banks as the financial institution for LMCD funds. DISCUSSION: McGlasson asked the committee on the investment policy of the LMCD. He recommended a review of the current policy to determine whether it could be improved. Johnstone recommended that Strommen, with the assistance of ADMINISTRATIVE COMMITTEE, Minutes, 1/25/95, Page 4 McGlasson, review current investment policy. The committee concurred. VOTE: Motion carried unanimously. LF~SE AGREEMENT, to add EWM storage space to administrative remote storage , amending lease rate from $30/m0 to $80/m0, the $50 increase to be charged to the milfoil budget. Strommen indicated that extra storage space is needed for EWM equipment. The landlord has found a space of approximately 150 sq.ft, at a cost of $50 per month. This increased off storage rental space will be charged to the milfoil budget. Grathwol moved, Zwak seconded to recommend approval to the board, subject to attorney's approval. Motion carried unanimously. 10. PERFORMANCE/COMPENSATION REVIEW FOR THE EXECUTIVE DIRECTOR; Johnstone recommended tabling this agenda item to the board to allow for full Board of Directors comments on the review. The committee concurred. 11. /%DDITIONAL BUSINESS; There was no additional business. 12. ADJOURNMENT; The meeting was adjourned at 7:05 pm. FOR THE COMMITTEE: Gregory S. Nybeck Administrative Technician MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION FEBRUARY 9, 199,5 Present were: Chair Carolyn Schmidt, Vice Chair Tom Case¥, Commissioners Marilyn Byrnes, Peter Meyer, David Steinbring, Janis Geffre, Mary Goode, and Bill Darling, Council Representative Andrea Ahrens, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. The following persons were also in attendance: Mayor Bob Polston, Daryl Nehring, and Martha & Rodney Beystrom. MINUTES MOTION made by Casey, seconded by Byrnes to approve the Park and Open Space Commission Minutes of January 12, 1995 as written. Motion carried unanimously. AGENDA CHANGES The following items were added to the agenda' 5.5. Skating Rinks 6.C. Music in the Park 1995 "PARKS PROGRAM" AND "LIFEGUARD/BEACH PROGRAM" Tim Piepkorn, Recreation Coordinator for Westonka Community Education and Services, distributed a general information sheet which outlines the Parks and Beach Programs for 1995, and asked that the Commission express any expectations. Piepkorn reviewed some of his concerns for the 1995 program: - The afternoon program at Mound Bay Park experiences a large number of people just dropping by which make it cumbersome to keep activities orderly. He suggested that the program either be deleted, or another staff person be added to help supervise. - He foresees a need to expand the number of staff from 2 to 3 supervisors at Mound Bay Park for the morning program. - He would like the park supervisors to receive in-service training, and recommends a three-day training session. More field trips are being planned this year, and he suggested some type of scholarship fund be developed to help those children pay for trips that cannot afford it. Park and Open Space Commission Minutes February 9, 1995 Safety during swimming lessons at the beaches is a concern, and he suggested implementing a class that centers on water safety at the beaches. He would like to see a telephone Hotline developed for the beach and parks programs which would have a recording of information including beach hours, when swim lessons begin or are canceled, a schedule of events, etc. Byrnes asked if they have considered organizing volleyball teams for the youth and having scheduled game times where neighborhoods could play against each other. Piepkorn responded that they are considering games such as Box Hockey and at the end of the season there could be a tournament. The pay schedule for the lifeguards was discussed, and Piepkorn noted that their current rates are consistent with other schools. They are hoping to implement a lifeguard training program into the school curriculum. He explained that it is difficult to find certified lifeguards, and only two of the lifeguards they had on staff last year were from Mound. The Iow attendance records at Belmont Park were discussed. Piepkorn stated that they are not going to give up on this park yet, that they will give it more effort this year to raise awareness of the program. They will again be keeping track of attendance at the parks. Notifying the public about the parks and beach programs was discussed. The Parks Director suggested they use the City's quarterly newsletter to print an article. The Commission raised the issue of having a float in the City Days parade, and it was discussed. Piepkorn raised an issue relating to the budget and asked the City take their suggestion into consideration. He explained that the School District's fiscal year is July 1 to June 30, and because the year ends in the middle of the summer program, it makes it difficult to figure out expenses for the program. He would like to broach the idea of developing a "flat-fee" system using an estimate from previous year's costs. The Parks Director suggested that this be discussed with the Finance Director. PUBLIC LAND PERMITS: BATCH #4 City staff is in the process of updating permits for encroachments on public lands as directed by the City Council. Special permits are required for private structures located on public lands as specified in City Code Section 320. "Batch #4" details the private encroachments located at dock sites 32670, 33407, 33487, and 33525. These encroachments have been inspected by the Building Official and Dock Inspector according to the Procedure Manual. 2 Park and Open Space Commission Minutes Februany 9, I995 Staff recommended approval of Public Land Permits for "Batch #4", as follows: Unless otherwise noted in the "Comments/Recommendation" column on the attached "Batch #4", permits shall be approved according to (14) on the Decision Flow Chart, "Grant Permit up to 5 Years." The permits will expire five (5) years from the date of City Council approval. 3. The permits must be renewed with change in dock license holder. All electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on the public land. All power supply to the abutting property must be properly disconnected until such work is approved by the City Council. The applicant must verify disconnection with staff. Batch #4 DOCK SITE 32670 ABUTTING ADDRESS 4594 DENBIGH ROAD KEVIN RUDEK STRATFORD LANE, CLASS D ENCROACHMENT - STORAGE SHED WITH ELECTRIC LIGHT ATTACHED TO IT. COMMENTS/RECOMMENDATION REMOVE OR RELOCATE SHED WITH LIGHT. SHED IS DILAPIDATED. DOCK SITE ~407 ABUTTING ADDRESS 4466 DENBIGH ROAD RODNEY BEYSTROM STRATFORD LANE, CLASS A ENCROACHMENT - ELECTRIC LIGHT - OUTLET COMMENTS/RECOMMENDATION APPROVE OUTLET - VERIFY STATE ELECTRICAL INSPECTION COMPLETED. DOCK SITE 33487 33525 ABUTTING ADDRESS 4452 DENBIGH ROAD JACK COOK 4446 DENBIGH ROAD MARK HANUS STRATFORD LANE, CLASS C ENCROACHMENT - RETAINING WALL - BOAT RAMP WITH ELECTRIC MOTOR COMMENTS/RECOMMENDATION RETAINING WALL REQUIRES PRIOR WATERSHED APPROVAL. REMOVE BOAT RAMP, PORTION ON PUBLIC LANDS. NOTE SURVEYS. - POLE :{EMOVE/RELOCATE POLE ONTO PRIVATE PROPERTY. 3 STATE OF ~[INNESOTA SAINT PAUL 55t55 612 - February 22, 1995 The Honorable Skip Johnson City of Mound 5341 Maywood Raod Mound, MN 55364-1687 Dear Mayor Johnson: I write to inform you that I will present my supplemental budget message next Tuesday, February 28, to explain why this revised budget is so necessary and important, and to ask for your help in putting Minnesota's fiscal house in order. A supplemental budget is required for three simple, overriding reasons. First, the U.S. Congress is moving dramatically to reshape the size and scope of tlm federal gove~rnmen, t, with large fiscal implications for Minnesota. Already, the -House has passed the Balanced Budget Amendment to the U.S. Constitution and the Senate is expected to follow suit soon. Within weeks, federal lawmakers will present detailed budget packages, outlining cuts in federal aid to the states, including Minnesota. These cuts will not be timid. We anticipate reductions of several hundred million dollars per year. Simply put, a new day has arrived in Washington, D.C. and Minnesota must act now to meet the new challenge and to seize the new opportunity. Second, these federal cutbacks are coming on top of a structural problem in Minnesota's long-term budget, which alone threatens to create a $850 million gap between revenues and expenditures by the next biennium. As my Administration outlined in the January 1995 report "Within Our Means," this gap is created by several key cost drivers, including 1) more children and elderly 2) generous eligibility requirements for sodal services, long-term health and nursing home care 3) expensive standards and mandates, particularly in education and corrections, 4) the high cost of public employee benefits, and 5) mounting infrastructure needs, especially for school repair and prison space. The daunting size of this structural gap and our challenge is summarized well in the attached opinion piece by University of Minnesota professor John Brandl. An Equal O00ortunity EmoIoyer February 22, 1995 Page Two of Three Third, despite the hopes and statements of many, the March forecast will not provide nearly enough revenue to spend our way out of this long-term financial hole. Further, I am unwilling to spend that money now. I will insist that any additional revenue in the March forecast be dedicated to helping us prepare for furore federal reductions. Two options for dealing with these challenges are already off the table. First, the U.S. Congress is not going to reverse course and decide to return to business as usual. An ABC News/Washin~on Post poll over the weekend showed that three in four Americans support passage of the Balanced Budget Amendment. The cuts mentioned above are real and they are coming, as early as October of 1995. As I have said before, I will not sign any broad-based tax increase. The February 19 ~r.z.T.~_~l~llI~ carried a long article which noted that several senior DFL legislators may consider extending sales taxes or ending several tax exemptions to generate new revenue. This is not a viable option. The people of Minnesota clearly said irt the last election that they will not accept a general tax increase and neither will I. With delay and tax increases off the table, we have only one option: to reduce spending. I know that is not the message some want to hear. But it is the reality and I ask your help in seizing this opportunity to restructure and reform our government, not only to make it more affordable, but to make it more effective as well. The FY 1996-1997 budget spends fully $1 billion more than in the previous biennium- In 1990, Minnesota governments ranked sixth among the states in spending per resident. We rated fourth in per capita health and sodal services spending, eighth in public school spending, 11th in roads and highways, and 18th in higher education. Most Minnesotans would agree that we have not underfunded government, but we have underachieved on results. The days of open-ended funding requests are over. Further, if we refuse to act now, cuts in later years only get steeper, and more painful. We must think anew. We must rethink old assumptions. Specifically, rather than systematically asking for more money, let us ask ourselves how we can improve programs to make them more efficient, more responsive, more productive. How can administrative services be reformed? How can services among cities, counties, and school districts be shared? How can competition February 22, 1995 Page Three of Three and market incentives be introduced to lower costs and improve quality? How can cities, counties, and school districts cooperate to target resources to the highest priority items? My admlni.~tration is eager to hear your creative ideas, your innovative solutions. We believe you have many. For our part, I promise our good faith and our best effort. We want you as a partner, an investor, if you will, in our plan.~ to ensure long-term financial security for Minnesota- Together, I am confident we can secure it. I look forward to your recommendations. Thank you again for your consideration. Warmest regards, ARNE H. CARLSON Governor In search of a new evil to balance state budget Not even Mae West could get Minnesota out. of the budget difficfilties ahead. You remember her theory of decision- making: 'When faced with a choice between two evils, I pick the one I haven't tried before." Traditionally there have been two budget evils, in- creasing revenues and decreasing expenditures. The first has been tried frequently and no longer has significant support. Now a splendid but dis- turbing new study by the Carlson administration shows why the second isn't the an- swer either. We need to invent a new evil. The study, called "Within Our Means," was published last month by Minnesota Planning, the state's long-range planning agency. You can get a copy by calling 296-3985. The able and devoted bureaucrats who wrote this study are way ahead of the politicians and the citizenry. They worked out the implications for the future of this fact: Budget demands widely regarded as legiti- mate and even crucial are growing faster than the state's economy. First let's dispense with the thought that increased revenues can bring us enough money to keep the budget balanced. "Within Our Means" as- sumes that the state will take in 65 percent more in thxes over the next decade. You were hoping for less. But that's the amount of additional money that would come in if state and local taxes continue to consti- tute their current share, 18.4 per- cent, of personal income. Persisting in taxing at that rate would bring in additional billions of dollars from a growing economy, but would qdl leave us with ever larger dct'icits that somehow would have to he settled. The problem I'm abuut to describe would be correspondingly more serious if tax revenues were reduced below 18.4 percent of per- John Brandl sonal income. Well, you say, we just need to cut out the fool- ishness from the state's budget. Here is wherethe study gets interesting. It shows that the bulk of state spending goes to just three items, each impor- tant to society's well- being and each creating mammoth future budge*. problems. The largest of these (education of the young and medical care for the aged) and the fastest-growing (correc- tions) are now experienc- ing rapidly expanding, demographi- cally driven, demands. That's a fancy way of saying we have greatly increas- ing numbers of kids, elderly and con- victs. If you have been anticipating inflation-adjusted state spending per student or per nursing home resident to rise, forget it. One legislator who is trying to turn his colleagues' attention to this mat- ter is Rep. Howard Orenstein, DFL~ St. Paul. He notes that if all of the state's additional tax revenue for the next couple of years were devot- ed to schooling, health care for the elderly, and prisoners, there would only be enough money to keep the amount we spend per student, pa- tient and convict constant. No extra money would be available for an increase in anything else state and local government does. Say the Legislature did decide to spend all of this legislative session's revenue increase on "students, sen- iors and scoundrels," as Orenstein puts it. That would be the easy part. Now let's see what it would take to keep inflation-adjusted per capita spending on them constant as we go ,nto the future. The trend of reve- nues tending not to keep up with the items on which we spend the money will continue relentlessly. The difference grows by $500 mil- lion to $800 million every two years. }tow much is that? Eliminat- lng AFDC would cut $300 million. and eliminating the court system another $200 million. Dropping both might get us through the bud- get period starting in 1997. Then the 1999 session of the Legislature would have another $500 million shortfall to deal with. The demands of students and old folks would still be growing faster than revenues. The 1999 Legislature might only have to, say, eliminate the commu- nity college system (which now takes $200 million) and the prisons ($400 million). Then in 2001 elimi- nating special education ($500 mil- lion) would be almost enough to balance the budget for two more years. .On and on it goes. And this has been the good news. The situation I've described continues until about the year 2010. Thereafter. state budgeting will take another sharp turn for the worse. The baby boom- ers will start retiring, thus simulta- neously leaving a smaller share of the population paying taxes and larger share expecting benefits. (This predicament is not peculiar to Minnesota. California's problem is considerably more critical. That state's economy is slower-growing, and its populations of schoolchil- dren, old folks and prisoners are expanding more rapidly than Min- nesota's. A recent study by the Rand Corp. projects future spend- ing on elementary and sei:ondary students, medical care and prison- ers. If present trends and plans for those three areas hold, there will be zero money in the CalifOrnia budget for higher education or anything else by early in the next century.) You say it's ridiculous to contem- plate the state's dropping its courts, prison system, community colleges or special education. And it is ridic- ulous. But that just means we will have to get along on fewer resources per student, per patient and per prisoner. For a long time Democrats argued for spending more money. We spent for less -- we will be much the take on' the challenge is evident, ........ ~,,~' ..... t oott in ~ the rmorersociet¥, though the go.vend, or.has, ind. icated he describe would be correspond mgly ~,nore serious if tax revenues were reduced below 18.4 percent of per- The difference grows by $500 mi'l- lion to $800 million every two >'ears. How much is that? Eliminat- prisoner. For a long time Democrats argued for spending more money. We spent a lot more but are not getting the government we need. (Consider schooling. Do you think our kids are well enough educated?) Now Re- publicans are arguing for spending less. The Minnesota Planning study shows the inevitability of lower real expenditures for some of our most important governmental functions. If spending more money didn't get us the results we need, will spending less? The lesson is this: There is no prac- tical possibility that either raising taxes or cutting spending will solve our problem. Unless we figure out ways to get huge increases in the efficiency of government -- more for less m we will be much the poorersociety. we are going to have less buying power. Now, how can we neverthe- less get improved outcomes? That is state government's problem of the future. Its solution is the evil we need to invent. This won't be humorous or fun; the interest group on whom the state spends money will complain bitterly and do their damnedest to intimi- date the politicians into continuing on with the status quo, ignoring the future. So far this )'ear they've been success- ful. At the Capitol little willingness to take on' the challenge is evident, though the governor has indicated he intends to revise the budget he sent to the Legislature last month. The situation is about to become des- perate. It cries out for a bipartisan effort at the Capitol. A governor and legislators who ignored and put off confronting this problem would ever after bear the dishonor of having betrayed their solemn duty to protect the state. John Brandl. a former state legisla- tor, is a professor at the University oJ Minnesota's Humphrey Institute oJ Public Affairs. , Park and Open Space Commission Minutes February 9, 1995 A. #32670, KEVIN RUDEK Staff indicated that the shed and light have been removed, only the shed foundation remains, and this is expected to be removed. Staff suggested the foundation be removed by June 30, 1995. B. #33407, RODNEY BEYSTROM Mr. Beystrom explained the history of how and why the electrical was installed. He stated that it was there when he purchased the house, and he converted the existing services to an outlet and light and had it inspected by the Electrical Inspector at that time. Regarding the light, Mr. Beystrom explained that he has reviewed the City's Guidelines for Lights on Public Shoreland, and he feels a light should be permitted for safety reasons because he has a very steep hill. The commission discussed the possibility of moving the light back onto private property. The applicant was agreeable. MOTION made by Casey, seconded by Steinbring, to recommend approval of the following Public Land Permits, as recommended by staff: Dock Site #32670, 4594 Denbigh Road, Kevin Rudek: Remove or relocate shed and light. Dock Site #33407, ~.~.46 Denbigh Road, Rodney Beystrom: Remove or relocate light. Approve outlet - verify state electrical inspection completed. Motion carried unanimously. C. #33487, JACK COOK The Parks Director indicated that half of the subject retaining wall has already been removed, and that the applicant has agreed to remove the balance of the retaining wall and the boat ramp. MOTION made by Goode, seconded by Darling to recommend approval of staff's recommendation to remove the boat ramp and retaining wall by June 30, 1995, as agreed between Jack Cook and the Parks Director. Motion carried unanimously. D. #33525, MARK HANUS A letter which was received by the applicant, Mark Hanus, was read out loud by Chair Schmidt. 4 Park and Open Space Commission Minutes February 9, 1995 "RE: Clothesline poles on city property adjacent to 4446 Denbigh Road I am unable to attend the Park and Open Space Commission meeting of 9 February 95. I understand you w/il be discussing the clothesline poles that are near my property. Since I am unable to attend, I just wanted to indicate my position on this issue. It is unknown who installed these, but it is obvious upon inspection that it was many years ago. I do not use these for any purpose and have no desire to maintain them. I do not own them and never had an interest in them. I have not been responsible in any way for these poles in the past. Consequently, I will not assume responsibility for them in the future. They were there many years before I moved to Mound. My only connection to these poles is that/moved into the property next to them and hold a dock site near the poles. If the city wishes, they are most we/come to remove these poles whenever they desire. If the city chooses to remove the poles, care must be used. There is a property iron very near one of the poles. The poles are set in concrete and it is possible that either the extraction of the pole or the equipment used for this purpose may disturb the location of the property iron. The location of the property line is critical due to tensions with my neighbor. If the location of this iron is disturbed by the extraction of the poles, I would require the city have a registered surveyor relocate it to prevent any future problem. I do not want a parks employee to reposition it. This would not be legal anyway. To ensure the proper handling of this matter I would need to have notice as to when the work would be performed. Thank you. I hope this explains my position adequately." The Parks Director explained that if the City agrees to remove the pole, this could set a precedence for the City to remove other structures in the future, which may be much larger and more costly to remove. It has been the City's view that the encroachments are the responsibility of the abutting owner. Ahrens confirmed that this area was realized to be public land only about 4 years ago, and that if the City owns the property, they should take care of the encroachment. Goode thinks the City needs a policy to determine who is responsible for the removal or maintenance of existing encroachments. Darling agreed. Ahrens noted that she believes a precedence has already been set to have the City remove these encroachments; last year the City removed a retaining wall and a stairway off the commons when the abutting owners refused responsibility. Fackler explained that abutting owners should assume the responsibility of those encroachments which were created by them, such as placement of sod or installation of retaining walls. If the City did not create the encroachment, they should not be responsible. Park and Open Space Commission Minutes February 9, 1995 Goode reiterated that Hanus did not know this was public land when he bought the house, and the pole was existing when he purchased the property, so she feels the City should be responsible for the removal of the pole. Casey commented that they do not know who installed the poles, and the City should be responsible for prior encroachments. There is no evidence that the applicant has maintained this encroachment, and we did not catch the person who originally installed the pole. With a prior structure, he does not see how the City can make Mr. Hanus remove it. Goode agreed with Casey, and commented that she believes it would be less costly, in the long run, to have the City remove the encroachments. Byrnes suggested that the pole be sawed off at the base, and this would not disturb the property marker. Darling commented that he agrees with Casey, and he does not feel this issue is any different than if someone planted a tree in the street, then sold the house, and the next person has to remove it. Peter Meyer stated that considering how minor of an encroachment this is, it was not worth as much time as they have spent discussing it. MOTION made by Darling, seconded by Goode, to recommend that the clothesline pole be removed, at the City's expense, from Dock Site #33525, abutting ~.'!.~.6 Denbigh Road. Motion carried unanimously. These recommendations will be reviewed by the City Council on February 28, 1995. DISCUSSION' 1996 PARK IMPROVEMENTS ! BUDGET REQUEST The Parks Director reviewed his suggested budget requests for 1996, and a copy of the Park Commission's "Wish List" which was developed at a previous workshop meeting was reviewed. Goode referred to #10 on the Wish List which states, "Sell small parcels of land to abutting home owners." She suggested that the public lands known as "Stratford Lane" would be an area of land that she would consider selling to adjacent property owners. Chair Schmidt stated that the commons docking areas was not being considered, and the intent was to sell inland parcels that are unbuildable to adjoining property owners. The Parks Director stressed that it is the City's intent, as well as the DNR's intent, not to vacate any shoreland properties. The Commission determined to discuss the subject of land acquisitions at a future workshop. 6 Park and Open Space Commission Minutes February 9, 1995 The Commission discussed the need to prioritize their 1996 budget requests, and determined this should be done at a future workshop. MOTION made by Darling, seconded by Good, to schedule a workshop to prioritize the 1996 budget requests, and to invite the Parks Director to attend. Motion carried unanimously. The workshop was scheduled for Thursday, February 16th at 7:30 p.m. The agenda will include: 1996 Budget Requests Land Acquisitions SKATING RINKS The Parks Director reported that the Historical Society would like to work with the City to renovate the lower level of the Depot into a warming house for skaters, and to also work jointly with the school to develop a recreational skating rink. The School has not contacted the City regarding help with the development of a new hockey rink, and we were not asked to help with the rink installed on the softball field. Steinbring reported that the Hockey Association intends on building and new indoor rink, either in Mound or in Orono. If in Mound, the school has plans to build it next to the existing arena. Meyer reported that the Community Ed Task force is pushing for another indoor rink. Schmidt summarized that the four existing rinks within Mound's parks have been unsuccessful, and she would like to push for Mound to establish one large rink, centrally located, for recreational skating. Schmidt suggested that a cost study could be completed on developing a new rink. She would like to see a rink developed yet this winter. It was questioned if there is public interest in having a recreational skating rink. Schmidt suggested that she contact the school PTA's to see if there would be any support. Mayor, Bob Polston, suggested that the Commission check with the City Manager regarding the availability of CBGD funds. The Commission also discussed the possibility of utilizing fund raisers. Polston also suggested that a survey could be printed in The Laker or in the City Newsletter to see what kind of an interest there is for skating rinks or other recreational facilities within the City of Mound. '711 7 Park and Open Space Commission Minutes February 9, I995 MUSIC IN THE PARK Byrnes reported that they received a $1,000 grant from the State for the "Music in the Park" program. They plan to use a portion of the grant to pay for a fund raiser. They hope to expand to two events per month. If anyone would like to help or has suggestions, their next meeting is Thursday, February 23, at 6:30 p.m. at Community Ed. They also want to form a task force to explore where and how they can obtain more money to pay for performances. If you would like to be on the task force you may contact Marilyn Byrnes or Patsy Keisow. City Council Representative's Report. No comments. Park Director's Report. The City has got the contract to do the scheduled riprap projects, and they will begin work soon. At the next C.O.W. meeting on February 21, the Building Official and himself will be reviewing the Public Land Permits Procedure Manual. Dock Inspector's Report. There are now 31 people on the waiting list for dock sites. Tom has been making his rounds checking out the storage of dock sections. Mayor, Bob Polston, greeted the Commissioners. MOTION made by Darling, seconded by Byrnes, to adjourn the Park and Open Space Commission Meeting at 10:05 p.m. Motion carried unanimously, RECEIVED FF_,B H ennep!3 o= ognty February 16, 1995 Dear Hauler: The metropolitan counties of Anoka, Carver, Scott, Dakota, Hennepin, Ramsey, and Washington, through the Solid Waste Management Coordinating Board (SW'MCB), axe in the process of implementing a regional county mixed municipal solid waste hauler licensing program. The purpose of the Regional County Licensing program is to eliminate duplication of licensing by counties. This will result in a system in which haulers operating in the metropolitan area will submit only one county hauler, license application and fee regardless of how many metropolitan counties the hauler collects or transports mixed municipal solid waste. The regional licensing program will not affect municipal licenses that may be required. Each hauler will be assigned a base county, which will be the county in which a hauler's office, records and vehicles are primarily located. The base county will issue a base license and coordinate the issuance of an operating license for each metropolitan county the hauler specifies as a county in which it collects or transports waste. A uniform county license fee will be established throughout the metropolitan region. The term of the license year will be July 1, 1995 through June 30, 1996. It is proposed that this regional license fee be set at $50 per truck regardless of how many counties in which a hauler operates. The Hennepin County Board of Commissioners will be considering approval of the Joint Powers Agreement to establish this Regional County Licensing progrmm at their regularly scheduled meeting February 21, 1995 at 10:00 a.m. in Room A-2400 of the Hennepin County Government Center. The SWMCB has set a public hem-lng regarding the regional license fee level for Wednesday, February 22, 1995 at 10:30 a.m. at the Metropolitan Mosquito Control District, Room 205, 2099 University Avenue, St. Paul, Minnesota. Prior to the public hearing regarding the fee level, written comments regarding the proposed fee level may Department of Public Works 417 North Fifth Street Minneapolis, Minnesota 5540 I- 1309 (612)348-6846 FAX:(612)348-8532 Rec~c~d Paper Page 2 Februa~ 16, 1995 be addre.~ed to the Solid Waste Managemeat Coordinating Board, 235 East Sixth Street, Suite 202, St. Paul, Minneaota 55101-1919, (612) 222-7227. The SWMCB and Hennepin County will provide additional information on this regional program after the fee level has been set, and several informational meetings will be held throughout the region to explain the program to haulers. Questions regarding the program may be addressed to Tom Heenan at 348-4491. ick Division Manager JL/sh NOTICE OF PUBLIC IIEAR~G Notice is hereby given that on the 22nd day of February, 1995 at 10:30 a.m., in Room 20'5 of the Metropolitan Mosquito Control District Building, 2099 University Avenue, Saint Paul, h~tnnesota, the Solid Waste Management Coordinating Board (SWMCB) will conduct a public hearing to receive comments concerning proposed fees for regional mixed municipal solid waste hauler licenses. The regional hauler licensing program will require that haulers pay license fees only to the metropolitan county in which the business is based. Hauling businesses based outside of the metropolitan ar~ and doing business in the metropolitan area will pay a license fee to only one metropolitan county. The fees are proposed to be $50 per vehicle for all vehicles used to collect and/or transport waste in the seven county metropolitan area. Interested agencies, groups or persons attending the public hearing shall have the right to provide written or oral comments and suggestions. Prior to the public hearing, written comments may be addressed to: Solid Waste Management Coordinating Board, 235 East 6th Street, Suite 202, Saint Paul, Minnesota 55105-1919. For further information concerning this issue, contact Linda Gondringer at the offices of the Solid Waste Management Coordinating Board at 222-722'/. If you need an accommodation because of a disability, such as an interpreter or printed material in an alternate format (i.e., braille or large print), please contact the Solid Waste Management Coordinating Board at 222-7227. Paul McCarron SWMCB Chair PERSONS PRESENT AT MEETING PLEASE PRINT YOUR NAME & ADDRESS '~ PERSONS PRESENT AT MEETING PLEASE PRINT YOUR NAME & ADDRESS . I 10. 11. 12. 13. 14. 15. 16.